Orientalia's Collection Feb 2019

These Terms and Conditions of Sale are made by and between Orientalia's Auctioneers & Gallery ('Orientalia's' Orientalia's Auctions,' 'Auction House,' 'We,' 'Our' or 'Us') and Bidder ('Purchaser,' 'Buyer or 'Agent'). The Terms and Conditions of Sale and all contents of catalogue are subject to amendment by Orientalia's either by the posting of notices or announcements made by auctioneer. By participating in any sale, Bidder hereby acknowledges to be bound by these terms and conditions. I- On the fall of the Auctioneer's hammer, or upon the statement of 'sold,' the highest bidder or authorized agent shall be deemed to have purchased the offered lot in accordance with all of the conditions set forth herein and will pay the purchase price in full plus buyers premium and any applicable taxes. If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to us and the consignor by law, including but without limitation to the right to hold the Purchaser liable for the purchase price, we, at our option, may either: II. cancel the sale, retaining as liquidated damages all payments made by the Purchaser, or III. resell the property on three (3) days notice to the Purchaser and for the account and risk of the Purchaser, either publicly or privately, and in such event the Purchaser shall be liable for the payment of any deficiency plus all costs and expenses of both sales, our commission at our regular rates, all other charges due and incidental damages. 2- We reserve the right to withdraw any property at any time before the actual sale. Unless otherwise announced by Auctioneer at the time of sale, all bids are per lot as numbered in the catalogue and no lot shall be divided for sale. 3- We reserve the right to reject a bid from any bidder. The highest bidder acknowledged by the Auctioneer shall be the Purchaser. In the event of any dispute between bidders, or in the event the Auctioneer doubts the validity of any bid, the Auctioneer shall have sole and final discretion either to determine the successful bidder or to re-offer and resell the item in dispute. If any dispute arises after the sales, our sales records shall be pre-eminent in all respects and auctioneer decision is last and final. 4- All statements contained in the catalogue or in any bill of sale, invoice or elsewhere as to period, source, origin, measurement or condition are qualified statements and shall not be deemed to be representations or warranties. Please note: (1) These Terms and Conditions of Sale take precedence over any statements made to the contrary by the Auctioneer, staff or affiliates. If the Auctioneer warrants the quality or condition of a lot during or before the auction, that statement is not binding on the Auction House or the Buyer and the 'as is' provisions of these Terms and Conditions take precedence. (2) Buyers have the right of rescission in exceptional situation, PROVIDED THAT WITHIN 48 HOURS OF THEIR RECEIPT OF THE PROPERTY THEY INFORM US THAT THE PHYSICAL CONDITION MATERIALLY DIFFERS FROM THE CATALOGUE DESCRIPTION, FROM A PROVIDED CONDITION REPORT OR THE CATALOGUE DESCRIPTION IS INACCURATE, TO OUR SATISFACTION. Buyers must return the property immediately in Original Condition and show clearly any differences or inaccuracies with the catalogue and the property must be received in the same condition as when it was sent alongwith any expert opinion in writing from a reputable expert. (3) Absence of condition statements in description are not indications that lots are flawless or without normal signs of wear consistent with age. as a service to prospective bidders, condition reports are available on all items. Please contact orientalia@bigpond.com as per these terms and conditions, condition reports are our educated opinions but should not be held as absolute guarantees. 5- Payment terms: All items are to be paid for by: a. Cash b. Bank wire transfer c. Properly Authorised Credit Cards d. Personal check with approved credit e. Cashier's Check f. Other Mutually agreed mode of Payment 6- ALL PROPERTY IS SOLD "AS IS" AND NEITHER WE NOR THE CONSIGNOR MAKES ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS OR CONDITION OF THE PROPERTY OR AS TO THE CORRECTNESS OF DESCRIPTION, GENUINENESS, ATTRIBUTION, PROVENANCE OR PERIOD OF THE PROPERTY. (See also paragraph 4(2)) 7- ESTIMATED PRICES - As a convenience to our clients, we furnish pre-sale estimates for all materials included in the auctions. These estimates are approximate valuations and are based upon comparable auction values. These estimates are NOT prices. Bidding normally begins at about one-half the low estimate, but the final bid price may well be less than or more than any estimate printed 8- With respect to all property, a premium of 18% of the successful bid price will be added thereto except where specifically advised so and is payable by the Purchaser as part of the total purchase price. 9- For International Bidders: YOU ARE SOLE RESPONSIBLE FOR MEETING ALL CUSTOMS/IMPORT-EXPORT REGULATIONS ALSO DUTY AND OTHER RELATED CHARGES. WE WILL/MAY ASSIST BUT CANNOT BE HELD LIABLE FOR INTERNATIONAL LAWS AFFECTING THE DELIVERY OF YOUR ITEMS. 10- CONDITION OF PROPERTY -As a service to prospective bidders, condition reports are available on lots. Please contact Orientalia@bigpond.com for any condition report requests. Please note as per our terms, these reports are simply our educated professional opinions and should not be considered absolute. 11- With respect to sold property; all lots must be removed from our premises at the Purchaser's expense, no later than ten (10) days following the date of the sale. Purchaser will incur a charge on daily basis per lot until the sold property is removed. In addition, applicable interest on each lot not so removed will accrue. We reserve the right to transfer nonremoved property to a storage facility at the Purchaser's risk and expense. 12- No property will be released until payment in full is made on the items. Packing, shipping and insurance (including reimbursement for damage or loss) of purchased lots is the sole responsibility of the Purchaser. Orientalia's can assist inhouse packing and shipping services at the Buyer's expense. Items will be shipped via Australia Post or Courier Services unless advised otherwise by Purchaser. Please note: items that are large and/or heavy and/or need special packaging or shipping requirements, may have additional shipping costs and delays. If we cannot pack and ship your purchases, we can recommend packing/shipping through a third party carrier. We are not responsible for any delays on the part of this third party, should there be any. We recommend shipping all items insured. Insurance costs through third party carriers will be borne by the Purchaser and in case of damage, insurance claims should be taken up with the third party carrier. Should any damage or loss occur to items transported by a third party, Within approximately 3 Working Days after the auction, Orientalia's will advise Purchasers of recommended shipping methods or possible third party carriers. (The third party carriers may take additional time) 13- Endangered Species: Certain lots, such as items containing materials from plants and animals (like Ivory) irrespective of age or value, may require additional licenses or permits upon importation to another country. It is the Purchaser's responsibility to obtain any licenses and/or other documentation required to transport the lot. Purchaser must pay the purchase price at the time of sale, regardless if Purchaser has acquired such documentation. Orientalia's is not subject to indemnification or liability for any liability or penalty incurred by the Purchaser for failing to comply with these laws. 14. A Buyer's Premium is added to the winning bid price of each individual lot purchased. The winning bid price plus the premium constitute the total purchase price for the lot. Applicable General Sales tax are computed based on this figure. This total becomes the final purchase price. 15. If we are prevented by theft, accident, fire or any other reason whatsoever from delivery of any property to the Purchaser, our liability shall be strictly limited to the sum actually paid by the Purchaser. ' ALL SALES ARE FINAL ' A 18% PREMIUM WILL BE PAID BY THE PURCHASER AS PART OF THE PURCHASE PRICE EXCEPT WHERE AGREED AND ADVERTISED OTHERWISE FOR SPEICAL SALES SPECIFICALLY ' EACH PROPERTY IS SOLD AS IS ' AUCTIONEER RESERVES THE RIGHT TO CHANGE, MODIFY, AND ADD TO THESE TERMS & CONDITIONS Contact Conditions Serverability: If any of the provisions in these Terms and Conditions are held void, invalid, or unenforceable, the other provisions remain in full force and effect. Each provision is severable from all other provisions. These Terms and Conditions of Sale constitute the sole entire agreement among the Buyer and Orientalia's Auction with respect to the subject matter hereof, and no representations, warranties, inducements, promises or agreements, oral or otherwise, not embodied or incorporated herein have been made concerning or in connection with this Agreement. Any prior discussions or negotiations, agreements, commitments and understandings relating hereto are superseded hereby and merged herein