TERMS AND CONDITIONS OF BUYING AT AUCTION WITH RAFFAN KELAHER & THOMAS PTY LTD
In these conditions. the words ‘Auctioneer’ or ‘Auctioneers’ means Raffan Kelaher & Thomas Pty Ltd and where the context so permits, this includes the person actually conducting the auction sale on behalf of Raffan Kelaher & Thomas Pty Ltd.
The Bidder / Buyer
In these conditions the words ‘Buyer’ or ‘Purchaser’ includes a person acting as agent for the Buyer or Purchaser. In these conditions the word ‘Bidder’ includes a person acting as agent for the Bidder.
All prospective bidders shall complete a Bidder’s Registration Form giving full contact details, including residential address, and obtain a Bidder’s Number prior to bidding. Proof of identity, to the satisfaction of the Auctioneer, may be required. When demanded by the Auctioneer, a cash deposit of 25%, or an amount determined by the Auctioneer, shall be paid by the purchaser or prospective purchaser.
The Bidder is deemed to be acting as principal. In the event that the Bidder is acting on behalf of a third party, written authority is required.
Subject to any reserve price, the highest bidder shall be the purchaser. In the event of a dispute arising, at the Auctioneer’s discretion, the lot shall be put up again and resold, the Auctioneer’s decision being final.
No bidder may retract their bid once it has been taken by the Auctioneer.
As soon as possible after the fall of the hammer, the Buyer and the Vendor authorise the Auctioneer to complete the sale record on their behalf, which, with these conditions, shall constitute the whole contract between the Vendor and Buyer to the exclusion of everything else.
An 20.9% Buyers Premium (GST inclusive) applies to all lots sold and is based on and additional to the hammer price. The buyer also acknowledges that the Auctioneer may receive commission from the vendor.
GST (Goods and Services Tax): All lots are sold on a GST inclusive basis. Lots entered by entities, that have identified themselves to the Auctioneer as being registered for GST, are marked with a yellow stock label.
The Auctioneer’s Rights
The Auctioneer may refuse to accept any bid or bids, without having to state any reason or reasons therefore.
The Auctioneer reserves the right to bid on behalf of the vendor with or without disclosure.
The Auctioneer reserves the right to withdraw a lot or lots from the sale at any time.
The Auctioneer reserves the right to bid on behalf of any prospective buyer with or without disclosure.
The Lot / Lots / Descriptions
All lots are open for inspection prior to the sale, and are sold with all faults, if any. No error or misdescription shall vitiate the sale and the purchaser is bound to take delivery of the goods without allowance or abatement in price. No condition or warranty, either expressed or implied, is given by the Auctioneer with any lot or lots offered.
All statements concerning any lot are subject to any statements modifying the same made by the Auctioneer from the rostrum prior to any bid being accepted for the lot.
In the event of a forgery or fake being sold through Raffan Kelaher & Thomas (provided the item has been specifically described either by the Auctioneer or in the catalogue, as genuine, and that description has not been modified by a statement made by the Auctioneer), contingent upon proof to that effect being provided to the Auctioneer, and that proof being acceptable to the Auctioneer, the purchase price, including the Buyer’s Premium, shall be refunded to the Buyer. In the event, however, that the vendor has been paid by the Auctioneer, the buyer agrees that the Auctioneer shall not be liable to make good any loss, monetary, or otherwise, that the Buyer has incurred, and may look to the vendor to make good any loss or expense.
It is agreed that the Buyer indemnifies the Auctioneer against any claim or legal action arising out of any acts of negligence, omission or misdescription by the Auctioneer or his agents.
All goods lie at the purchaser’s risk from the fall of the hammer. While the Auctioneer takes all due care, no liability is accepted for any deficiency, damage or loss which may arise thereafter.
Buyers must organise their own cartage and packing of purchases, where required. The buyer is wholly responsible for any damage to property, or injury to persons, which may occur during the removal or handling of any lot or lots purchased. This includes any damage or injury caused by the buyer’s agents or employees.
All lots are available for immediate collection, under the supervision of the Auctioneer, on payment of the invoice. All goods must be paid for and collected by 4pm on the day following the day of the sale. Any goods not so removed will incur a storage charge of $5.00 per lot per day, plus handling fees, at the Auctioneer’s discretion.
Payment for goods is by Cash, Credit Card – MasterCard and Visa (1% surcharge), American Express (3% surcharge), or Cheque (by prior arrangement – minimum of 1 week). The Auctioneer reserves the right to withhold delivery of purchases pending receipt of cleared funds in the Auctioneer’s Trust Account. All lots purchased are to be paid for before delivery of any one or more lots.
In the event of non-compliance with any of the above terms and conditions, any monies paid by the purchaser shall be absolutely forfeited, and the goods may be resold, through auction or by any other means, without notification, at the risk and expense of the former purchaser. The purchaser shall be liable for any loss that may arise on such resale.