Buy and Sell

Terms and Conditions

1. All intending buyers must register before bidding and produce proofs of identity and address. The auctioneer shall be judge of the sufficiency of such proofs.

2. A 20% (Includes GST) buyers premium shall be payable on top of the hammer price. 23% buyers premium for Internet buyers.

 

3. Subject to any reserve price, the highest bidder shall be the buyer. The auctioneer reserves the right to not disclose the existence and/or
amount of any such reserve. Further, the vendor shall have the right to bid by the auctioneer or by the vendor’s agent.

 

4. The auctioneer reserves the right to accept or refuse any bid or bids without having to state any reasons therefore. Any bids accepted and relied upon by the auctioneer cannot be subsequently withdrawn by the bidder.

 

5. The auctioneer reserves the right to withdraw or re-offer any lot without giving any reason therefore. The auctioneer’s decision shall be final.

 

6. When demanded by the auctioneer, a 25% deposit shall be payable by the buyer at the fall of the hammer.

 

7. The buyer shall be deemed to be the principal unless: (i), that person has disclosed upon registering that he or she is bidding on somebody
else’s behalf; and (ii), the auctioneer has agreed to and accepted proofs of such an arrangement.

 

8. Catalogue Descriptions

 

(a) Any representation or statement by Pottle Auctions Pty Limited in any catalogue, advertisement or brochure as to the authorship, origin, date, age, period, attribution, genuineness, provenance, condition, quality, or estimated selling price of any Lot is a statement of opinion only. Any illustrations in the catalogue are solely for the guidance of prospective Buyers and are not to be relied upon in terms of tone or colour or necessarily to reveal imperfections in any Lot;. Measurement or size of items is approx only bidders need to satisfy them selves at viewing before the auction.

 

(b) Many Lots are of an age or nature which precludes their being in pristine condition and some descriptions in the catalogue make reference to damage and/or restoration. Such information is given for guidance only and the absence of such a reference does not imply that a Lot is free from defects nor does any reference to particular defects imply the absence of others;

 

(c) Buyers must satisfy themselves as to all matters referred to in (a) and (b) above by inspection or otherwise prior to the date of the auction. The attention of Buyers is also drawn to the Explanation of Cataloguing Practice (if any) contained in the catalogue.

 

9. Exclusion of Warranties

 

(a) No error or misdescription or deficiency in quantity shall vitiate the sale and the Buyer shall be bound to take delivery of the Lot without any allowance or abatement in price.

 

(b) Any warranties which might otherwise be implied by the Sale of Goods Act 1923 are hereby excluded and shall not apply. All Lots are sold "as is" and Pottle Auctions Pty Limited   and the Vendor make no representations or warranties as to any Lot other than those implied by the Common Law or by statute, the exclusion of which would render this Condition void or voidable or which would constitute an offence by the Auctioneer or the Vendor.

 

(c) Intending bidders must satisfy themselves by inspection or otherwise as to the nature of the Lot and must accept same with all faults, patent or latent (if any).

 

(d) No warranty shall be implied from any affirmation made at the auction or otherwise but in all cases where an express warranty is intended, the same shall only be enforceable if reduced to writing and signed by the Vendor or by the Auctioneer as agent for the Vendor.

 

10. Guarantee

 

(a) If:

 

(1) within twenty-one (21) days of the date of the auction Pottle Auctions Pty Limited  receives notice writing from the Buyer of any Lot that in his view the Lot is a Forgery, and

 

(2) within fourteen (14) days of such notice, the Buyer returns the Lot to Pottle Auctions Pty Limited  in the same condition as at the date of the auction, and

 

(3) within a reasonable time thereafter, the Buyer satisfies Pottle Auctions Pty Limited  that the Lot is a Forgery and that the Buyer is able to give a good and marketable title of the Lot free of any liens or encumbrances, then Pottle Auctions Pty Limited will set aside the sale and refund to the Buyer any amount paid for the Lot.

 

(b) Provided that the Buyer shall have no rights under this Condition if:

 

(1) he or she does not give the notice in writing within twenty-one (21) days as specified in Clause 11(a) (1),

 

(2) the catalogue description at the date of the auction was in accordance with the then generally accepted opinions of scholars or experts or fairly indicated that there was a conflict of such opinion, or

 

(3) it can be established that the Lot is a Forgery only by means of a scientific process not generally accepted for use until after the date of the auction or by means of a process which as at that date was unreasonably expensive or impractical or likely to have caused damage to the Lot;

 

(c) The Buyer shall not be entitled to claim under this Condition for more than the amount paid by him for the Lot and in particular shall have no claims for any loss, consequential loss or damage, whether direct or indirect, suffered by him

 

(d) The benefit of this Condition shall not be assignable and shall rest solely and exclusively in the Buyer who shall be the person to whom the original invoice was made out by Pottle Auctions Pty Limited  in respect of the Lot when sold and who has since the auction retained uninterrupted and unencumbered ownership thereof.

9. All goods are at the buyer’s risk at the fall of the hammer. All due care shall be taken by the auctioneer and his employees but the auctioneer is not accountable for any damage or loss which may arise after the fall of the hammer.

11.Members of the public attend at their own risk. The auctioneer accepts no responsibility for any accident, loss or injury incurred before, during
or after the sale.

12.Upon payment of an invoice goods may be delivered during the sale. All goods must be paid for and picked up on the day of the sale, or on the day following at or before a time to be specified by the auctioneer. Any goods not removed by the appointed time shall incur storage and
handling fees at the auctioneer’s discretion, and of not less than $5 per lot per day. The owner of the item has 30 days to arrange pick up  from storage or the item will be sold at another public auction to recoup the costs of removal and storage.

13. All lots purchased by the buyer must be paid for before delivery is made of any one or more lots.

 

14. We accept cash, major credit cards & EFTPOS. Acceptance of personal and company cheques shall be entirely at the auctioneer’s discretion, and by prior arrangement only. We reserve the right to withhold delivery of any lot or lots subject to clearance of moneys paid by the buyer.

15. Buyers must organise their own cartage and packing of the goods if required. No carrier may collect any goods prior to payment of the invoice in its entirety. The buyer is wholly responsible for any damage to property, or injury to persons incurred during the removal or handling of any lot or lots purchased, including any damage or injury caused by the buyer’s agents or employees.

16. It as agreed that the buyer indemnifies the auctioneer against any claim or legal action arising out of any acts of negligence, omissions or misdescription by the auctioneer or his agents.

17. In the event of non-compliance with any of the above terms and conditions any moneys paid by the buyer shall be forfeit.

18. In these conditions, the word auctioneer means Pottle Auctions Pty Limited ; and where the context so permits, includes the person conducting the auction on behalf of Pottle Auctions Pty Limited .

19.This sale can outside entrees