JADE

BROWNES AUCTIONS TERMS AND CONDITIONS 1. The Lots listed in this catalogue however displayed are offered by Brownes Auctions as owner, or as agent for the consignors and are subject to these Terms and Conditions. These Terms and Conditions also apply to any sale of a Lot by private sale, tender or other sales process. 2. Brownes Auctions means Brownes Auctions and any of its associated or subsidiary entities and the principals, agents, representatives, managers, staff, servants, employees, consultants, advisers, associates and affiliates of Brownes Auctions or any of its associated or subsidiary entities. The words we, our and us refer to Brownes Auctions as so defined. 3. Any participation in this auction whether by registering to bid or by placing a bid or by buying a Lot or otherwise will constitute the Bidder's or Buyer's full acceptance of these Terms and Conditions and signifies the Bidder's or Buyer's agreement to be bound by these Terms and Conditions. Bid placement in any format and by any means including by means of third party bidding platforms and websites, constitutes an agreement that the Bidder fully accepts and agrees to be bound by these Terms and Conditions. It is further agreed that by applying to register, by seeking the approval of Brownes Auctions to bid or by registering for this auction, the person making the application, seeking approval or registering has read, understood, accepted and agreed to be bound by these Terms and Conditions. 4. All lots in Brownes Auctions jewelry auctions have been assessed by qualified gemologists and specialist jewelry appraisers. 5. All Lots are sold "as is", "where is" and without recourse. 6. All sales are final. Bidders are advised to bid accordingly. No returns. No refunds. 7. term 7 deleted. 8. The Bidder who is the winning Bidder enters into a binding contract to pay the total amount due for that Lot which will include the amount of the winning bid, any Buyer's premium, shipping charges and other fees and charges in accordance with these Terms and Conditions. 9. Bidder means any person placing a bid in any format and by any means including by means of third party bidding platforms and websites on any Lot in a Brownes Auctions auction or other sales event. 10. Buyer means a Bidder who is the winning or successful Bidder for any Lot in a Brownes Auctions auction or other Brownes Auctions sales event or a person who buys a Lot by private treaty, private sale, tender or any other sales process. 11. Auction means an auction or other sales event whether conducted at premises, elsewhere or online. 12. Lot is an item or group of items offered for sale by Brownes Auctions and its consignors. 13. Sale means a sale of a Lot by either an Auction or by private treaty, private sale, tender or any other sales process. 14. Hammer Price means the amount of the highest or winning bid at the fall of the hammer (or in the case of a timed online auction the expiration of bidding time for that Lot). 15. Total Amount Due means the amount the Buyer must pay for the Lot and includes the hammer price (or in the case of a sale by private treaty, private sale, tender or any other sales process, the agreed price), and any Buyer's premium, shipping charges, insurance charges, taxes, and any other fees, expenses or charges as determined by Brownes Auctions. 16. Written includes hand written, printed, typed, electronically or otherwise displayed or viewed text, illustrations or images. 17. Claims means all sums of money, debts, dues, suits, actions, causes of action, proceedings, arbitrations, claims, accounts, liabilities, losses, demands, costs, expenses, notices or any other type of claim howsoever arising out of these Terms and Conditions or anything relating to the subject matter of these Terms and Conditions. 18. In these Terms and Conditions the following rules of interpretation apply unless the contrary intention appears: (a) any headings are for convenience only and do not expressly or by implication or intention, limit, define, extend or affect the meaning or interpretation of these Terms and Conditions or the specific Terms or text of the section so designated. Likewise, any variations in font such as bold font or the use of upper case is for convenience only. (b) the singular includes the plural and vice versa (c) words that are gender neutral or gender specific include each gender (d) where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings (e) the words ?such as?, ?including?, ?particularly? and similar expressions are not used as, nor are intended to be interpreted as, words of limitation (f) a reference to: (i) a person includes a natural person, partnership, joint venture, government agency, association, corporation, trust or other body corporate (ii) a party includes its agents, successors and permitted assigns (iii) a clause, term or party is a reference to a clause or term of, or party to these Terms and Conditions (v) a law includes a constitutional provision, treaty, decree, convention, statute, regulation, ordinance, by-law, judgement, rule of common law or equity (vi) a statute includes any regulation, ordinance, by-law or other subordinate legislation made under it (h) no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of these Terms and Conditions 19. It is the responsibility of the Bidder to have made determinations about any and all aspects of a Lot prior to placing a bid on that lot. It is the responsibility of the prospective Buyer to have made determinations about any and all aspects of a Lot prior to buying that Lot. 20. It is the responsibility of the Bidder to make all and any enquiries they wish as to any and all aspects of a Lot prior to placing a bid on that lot. It is the responsibility of the Buyer to make all and any enquiries they wish as to any and all aspects of a Lot prior to buying that Lot. The principle of caveat emptor applies except to the extent that it may be excluded by governing law. 21. By placing a bid, the Bidder confirms that they have made determinations about any or all aspects of that Lot. By buying a Lot, the Buyer confirms that they have made determinations about any or all aspects of that Lot. 22. Placing a bid shall signify that the Bidder has assessed that Lot as fully as they desire, or that they have chosen not to assess that Lot. Buying a Lot shall signify that the Buyer has assessed that Lot as fully as they desire, or that they have chosen not to assess that Lot. 23. Brownes Auctions and its consignors accept no responsibility for any interpretation placed upon the information provided to the Bidder or Buyer. 24. The Bidder or Buyer agrees that they have not been induced to make any bid by any statement in any form, made or provided by Brownes Auctions or its consignors in respect of the Lot. 25. Brownes Auctions and its consignors do not make any guarantees, warranties or representations, express or implied, of any kind or nature with respect to any Lot. 26. All statements whether written or oral, and whether made in this catalogue, or in supplements or amendments to this catalogue, an advertisement or preview, a bill of sale, an invoice, a shipping document, a sales room or online posting or announcement, the remarks of an auctioneer, in a communication, a shipping document or label or otherwise with respect to merchantability, fitness for purpose,nature, physical condition, size, weight, count, completeness, reliability, safety, quality, rarity, importance, medium, materials, genuineness, authenticity, geographical origin, attribution, provenance, period, age, cultural origin, source, authorship, maker, exhibition history, literature, associated documents, expert or other opinions, evaluations, appraisals, style, value, estimated price or historical significance are statements of opinion and as such should not be relied upon as statements of fact and are not representations or warranties. No such statement shall be deemed to create any guarantee, warranty, representation, an assumption of liability or an assumption of risk by Brownes Auctions or its consignors. No such statements will be deemed an admission of liability by Brownes Auctions or its consignors. Brownes Auctions and its consignors assume no liability for such statements and any or all warranties, express, implied or statutory are hereby excluded. 27. Brownes Auctions and its consignors do not make any guarantee, warranty or representation or undertake any duty of care in relation to the oral or written descriptions, illustrations or photographs of any Lot. 28. Brownes Auctions and its consignors do not make any express or implied guarantee warranty or representation of any kind or nature with respect to merchantability, fitness for purpose,nature, physical condition, size, weight, count, completeness, reliability, safety, quality, rarity, importance, medium, materials, genuineness, authenticity, geographical origin, attribution, provenance, period, age, cultural origin, source, authorship, maker, exhibition history, literature, associated documents, expert or other opinions, evaluations, appraisals, style, value, estimated price, historical significance, illustrations or photographs of any Lot. 29. All measurements and weights are approximate. 30. Brownes Auctions and its consignors disclaim any and all warranties, express or implied, including but not limited to any implied warranty of merchantability or fitness for any particular purpose of any Lot. 31. If any implied warranties of merchantability or fitness for a particular purpose can be construed from statements whether written or oral, and whether made in this catalogue, or in supplements or amendments to this catalogue, an advertisement or preview, a bill of sale, an invoice, a shipping document, a sales room or online statement or announcement, the remarks of an auctioneer, in a communication, a shipping document or label or otherwise such warranties are disclaimed by Brownes Auctions and its consignors. 32. To the full extent permitted by law, and notwithstanding the contents of any materials issued by or statements made by Brownes Auctions and its consignors, all warranties, guarantees, rights, remedies or liabilities implied or imposed on Brownes Auctions or its consignors by law, statute, custom or the common law are excluded. 33. Any appraisals, valuations, estimates or evaluations provided or displayed are solely for the convenience of the Bidder or Buyer and Brownes Auctions and its consignors make no representations or warranties of any kind relating to them. Estimates, appraisals and valuations may include valuations which reflect the full, highest retail price of the item in a specific geographic region and market. The Terms Estimate or Estimated Value (collectively "Estimate") as used herein may be an arbitrary value and may fail to represent an actual resale value, insurance replacement value, or cost of a similar good. No appraisal value or valuation should be considered to represent the actual resale value, insurance replacement value, or cost of a similar item. 34. Estimates should not be relied upon as factual or indicative of the selling price of any Lot and Lots may sell outside their range. It is the Bidder's responsibility to make their own assessment and determination as to the value of any Lot and conduct their bidding accordingly. 35. Any condition statement is given as a courtesy, it is only an opinion and should not be treated as a statement of fact. 36. Brownes Auctions and its consignors undertake no obligation to examine, investigate or carry out any tests either in sufficient depth or at all to establish the correctness or otherwise of any descriptions or opinions whether in this catalogue or elsewhere. 37. Brownes Auctions and its consignors make no warranties or representations that any Lot complies with any international, national, domestic or other laws, treaties, statutes, conventions, statutory requirements, rules, regulations or ordinances of any kind or nature whatsoever. 38. By placing a bid the Bidder accepts the responsibility, obligation, onus and liability for complying with any and all applicable international, national, domestic or other laws, treaties, statutes, conventions, statutory requirements, rules, regulations or ordinances of any kind or nature whatsoever with respect to any aspect of any Lot they bid on or purchase. By buying a Lot the Buyer accepts the responsibility, obligation, onus and liability for complying with any and all applicable international, national, domestic or other laws, treaties, statutes, conventions, statutory requirements, rules, regulations or ordinances of any kind or nature whatsoever with respect to any aspect of any Lot they bid on or buy. 39. Brownes Auctions and its consignors make no warranty or representation, express or implied, that the Buyer will acquire any copyright or reproduction rights to any Lot sold. 40. Browns Auctions and its consignors shall have no responsibility and accept no liability for any error or omission. Brownes Auctions and its consignors shall have no responsibility and accept no liability for typographical errors. Brownes Auctions or its consignors shall have no responsibility and accept no liability for any errors or variations in the appearance of photographs, illustrations or images. 41. In no event shall Brownes Auctions or its consignors have any liability under any circumstances for special, indirect, incidental, consequential, punitive, exemplary or other damages, (including, but not limited to, damages for for loss of profits or revenue, loss of goodwill, loss of reputation, loss of business, lost opportunity, costs of obtaining alternative property, malfunction, computer failure, claims of customers of the Buyer or any other commercial losses) arising out of, resulting from or in any way relating to a Lot or its purchase, sale, delivery or non-delivery, or the acts or omissions of Brownes Auctions or its consignors. 42. Brownes Auctions and its consignors exclude any and all liability Brownes Auctions or its consignors may have at law, including in contract, tort (including negligence), under statute, strict liability, delict or otherwise, to the buyer or anyone acting on the buyer's behalf or to any other party for any claims, costs, losses, liabilities, expenses or damage ("Losses"), whether direct, indirect or consequential, incidental, punitive, special or otherwise (including, but not limited to, damages for for loss of profits or revenue, loss of goodwill, loss of reputation, loss of business, lost opportunity, costs of obtaining alternative property, malfunction, computer failure, claims of customers of the Buyer or any other commercial losses) arising out of, resulting from or in any way relating to a Lot or its purchase, sale, delivery or non-delivery, or the acts or omissions of Brownes Auctions or its consignors. 43. The Buyer agrees and acknowledges Brownes Auctions and its consignors accept no liability or responsibility to the Buyer or any other party for any indirect or consequential loss, damage, or expense of any kind or nature arising out of, resulting from or in any way relating to a Lot or its purchase, sale, delivery or non-delivery, or the acts or omissions of Brownes Auctions or its consignors and the Buyer releases and forever discharges Brownes Auctions and its consignors from any such liabilities and claims, demands or causes of action in respect thereof. 44. The Buyer agrees to indemnify, defend, and hold Brownes Auctions and its consignors harmless for any liability incurred by, or claims asserted against, Brownes Auctions and or its consignors arising out of, resulting from or in any way relating to a Lot or its purchase, sale, delivery or non-delivery, or the acts or omissions of Brownes Auctions or its consignors. The Buyer agrees to indemnify Brownes Auctions and its consignors the full amount of any claim, suit or demand (including without limitation, Brownes Auctions and its consignors legal costs on a full indemnity basis) made by the Buyer or or any other person arising out of, resulting from or in any way relating to a Lot or its purchase, sale, delivery or non-delivery, or the acts or omissions of Brownes Auctions or its consignors. This provision survives termination of this agreement for any reason and does not merge upon completion. 45. Brownes Auctions and its consignors shall not incur any liability of whatever nature arising in contract, tort, strict liability or delict from any injury, loss or damage to any person or property arising from the use of any product. 46. In no event shall Brownes Auctions or its consignors liability for any breach, or act or omission exceed the price paid by the Buyer for the Lot. 47. Any participation in this auction whether by registering to bid or by placing a bid or by buying a Lot or otherwise will constitute the Bidder's or Buyer's full acceptance of these Terms and Conditions and signifies their agreement to be bound by these Terms and Conditions. 48. Bid placement in any format and by any means including by means of third party bidding platforms and websites, constitutes an agreement that the Bidder fully accepts and agrees to be bound by these Terms and Conditions. It is further agreed that by applying to register, by seeking the approval of Brownes Auctions to bid or by registering for this auction, the person making the application, seeking approval or registering has read, understood,accepted and agreed to be bound by these Terms and Conditions. 49. In the placing of any bid the Bidder understands and agrees that the bid, if acknowledged and accepted by Brownes Auctions will at the fall of the hammer (or in the case of a timed online auction the expiration of bidding time for that Lot) be the winning bid if there is no higher bid and if any reserve or reduced reserve on the Lot is met or exceeded by the bid and providing the bid is made in accordance with these Terms and Conditions. 50. The Bidder who is the winning Bidder enters into a binding contract to pay the total amount due for that Lot which will include the amount of the winning bid, any Buyer's premium, shipping charges and other fees and charges in accordance with these Terms and Conditions. 51. Brownes Auctions may on occasion and at their sole discretion decide that a Bidder, who has placed a bid on a Lot but did not place the highest bid on that Lot, is the the winning Bidder. Bidders are advised not to place a bid on a Lot unless they accept and agree to buying the Lot should Brownes Auctions decide that they are the winning Bidder. 52. Prospective Bidders are required to apply to register and be approved to bid in any Brownes Auction auction or other sales event, approval to bid is solely at the discretion of Brownes Auctions and its consignors who may approve, decline or ignore any application or registration in their sole discretion and without recourse. Brownes Auctions may in their sole discretion cancel a Bidder's approval or registration at any time and without recourse. 53. Prospective Bidders must supply truthful, accurate and correct details in their application to register and registered Bidders are responsible for keeping their registration details truthful, accurate, correct and up to date. Brownes Auctions and its consignors accept no liability for losses of any kind however occurring relating to errors or inaccuracies in a Bidders registration details. 54. Each Bidder is responsible for his or her own account and bids. Bidders are fully responsible for accidental bidding regardless of the format of the bid. A bid entered by mistake on the part of a Bidder is not grounds for cancellation of the bid or rescission of any sale of the relevant Lot. 55. Any bid made on a Bidders account will bind the registered owner of that account to the bid in accordance with these Terms and Conditions even if that bid has not been placed by the registered Bidder. It is the registered Bidders sole responsibility to safeguard any passwords, user names, identifications, registration or account details and electronic devices that enable or facilitate the making of a bid. 56. Bidders making bids in any format through any means shall be deemed to be acting as principal in their bidding and shall be directly and fully liable for all bid amounts, charges or costs. By placing a bid on any Lot, the Bidder accepts personal liability to pay the purchase price, including the Buyer's premium, all applicable taxes and all other applicable charges should they be determined the winning Bidder for the Lot. 57. If an entity places a bid on a Lot, then the natural person executing such bid on behalf of the entity hereby agrees to personally guarantee payment of the total amount due for any successful bid in accordance with these Terms and Conditions. 58. Brownes Auctions reserves the right to cancel or reschedule an auction or sales event of any kind at any time for any reason without notice. 59. Brownes Auctions and its consignors reserve the right to withdraw, combine, or divide any Lot at its sole discretion at any time before actual sale. 60. Brownes Auctions and its consignors reserve the right to reject or cancel a bid from any Bidder. 61. Brownes Auctions and its consignors reserve the right to offer a Lot for sale by private treaty, private sale, tender or any other sales process. 62. All bids are binding, irrevocable and non-cancellable by the Bidder. 63. Notwithstanding the previous clause, LiveAuctioneers may allow a Bidder to retract a bid that has been placed on a LiveAuctioneers online bidding platform or site or live auction in certain circumstances. It is the responsibility of the Bidder to initiate the LiveAuctioneers bid retraction procedure if they wish to retract a bid made on a LiveAuctioneers online bidding platform site or live auction. LiveAuctioneers refers to Live Auctioneers LLC and affiliates and LiveAuctioneers online bidding platform site refers any bidding platform website or app associated with Live Auctioneers LLC and affiliates including but not limited to https://www.liveauctioneers.com/ and any associated content that in any way relates to a Lot or its purchase, sale or delivery, that displays or references an auction Lot or auction catalogue, that facilitates, enables or otherwise assists a Bidder to participate in an auction, make bids on a Lot or to communicate with Brownes Auctions or to make payment for a Lot. 64. Brownes Auctions and its consignors make no warranties, expressed or implied, that any online bidding platforms or websites that may be used to view any Lot in a Brownes Auctions or to participate in way in a Brownes Auction will be error free, useful, available or accessible. Browns Auctions and its consignors exclude any and all liability Brownes Auctions or its consignors may have at law, including in contract, tort (including negligence), under statute or otherwise, to you or anyone acting on your behalf or to any third party for any claims, costs, losses, liabilities, expenses or damage ("Losses"), whether direct, indirect or consequential, incidental, punitive, special or otherwise (including, but not limited to, damages for for loss of profits or revenue, loss of goodwill, loss of reputation, loss of business, lost opportunity, costs of obtaining alternative property, malfunction, computer failure, claims of customers of the Buyer or any other commercial losses) arising out of, resulting from or in any way relating to the use or misuse of any such online bidding platforms or websites in any way relating to a Lot or its purchase, sale, delivery or non-delivery, or the acts or omissions of Brownes Auctions or its consignors. 65. If there is a reserve (minimum amount requested by consignor or owner) on any Lot and a bid does not meet the minimum reserve amount, Brownes Auctions has the right at its sole discretion to void any and all sales or bids on that Lot. 66. In the case of disputes the winning Bidder will be determined by Brownes Auctions at its sole discretion. In the event of a dispute between Bidders, Brownes Auctions has final discretion to determine the successful Bidder or to re-offer the Lot in dispute. 67. Brownes Auctions decision to refuse any bid, withdraw any Lot, determine a winning Bidder, cancel a sale and re-offer and resell an item in dispute, is conclusive, absolute and final. 68. The decisions of Brownes Auctions are conclusive, absolute and final. Brownes Auctions has final discretion on sale of a Lot. 69. The winning Bidder assumes responsibility and risk for the Lot at the fall of the hammer (or in the case of a timed online auction the expiration of bidding time for that Lot). 70. Within 48 hours of the conclusion of an online auction hosted on any online bidding platform or website Brownes Auctions will email the online Buyer an invoice for the total amount due for any Lot purchased. The Buyer must make payment by the method specified in the invoice of the total amount due as specified in the invoice within 4 business days of the invoice being emailed by Brownes Auctions. 71. Ownership of the Lot will not pass to the Buyer until the total amount due for the Lot has been received by Brownes Auctions in cleared funds, the payment method must be as specified by Brownes Auctions in the relevant invoice. Lots will not be released or shipped until the total amount due has been received by Brownes Auctions in cleared funds, the payment method must be as specified by Brownes Auctions in the relevant invoice. 72. Payment methods may include Paypal or Bank Wire Transfer or other method approved by Brownes Auctions and must be as specified in the invoice sent to the Buyer of any Lot. 73. For your information: subject to Paypal's conditions an individual does not need to have or to register for a Paypal account in order to make a payment using Paypal and a individual may use a credit card to make a payment via Paypal without having or registering for a Paypal account, a process Paypal variously refers to as guest payment or guest checkout or paypal express. Paypal does not charge Buyers any fees for using their payment processing services. 74. Payments must come from the invoiced party only. Brownes Auctions and its consignors reserve the right to decline payments from anyone other than the invoiced party. 75. Brownes Auctions and its consignors reserve the absolute right to accept or refuse any payment made in any form. 76. Any method of payment may incur currency exchange conversions or fees for which the Buyer is liable. Currency exchange rates are determined by the financial institution(s) involved in processing the payment which may include banks, credit card providers, Paypal or other financial institutions. Likewise, any currency exchange or other processing fees are charged by the financial institution(s) involved in processing the payment. Brownes Auctions and its consignors have no control over such currency exchange rates, conversions or fees that may apply to the Buyer's payment. Brownes Auctions and its consignors accept no responsibility or liability for any costs or losses or fees that the Buyer may incur in making payment, the Buyer is responsible and liable for any costs or losses or fees they may incur in making payment. 77. If the Buyer fails to pay the total amount due for the Lot(s) in accordance with the invoice sent to the Buyer and by the due date, or if there is any other failure to comply with or breach of these Terms and Conditions, Brownes Auctions, whether acting as agent for the consignor(s) or otherwise, shall at its absolute discretion and without prejudice to any other rights it or its consignors may have, be entitled to exercise all or any of the following rights and remedies: (a) to rescind the sale of that Lot and/or any other Lots sold by Brownes Auctions to the defaulting Buyer. (b) to proceed against the Buyer for an action for debt or damages for breach of contract. (c) to terminate the agreement immediately for breach of contract. (d) to retain possession of the Lot. (e) to re-sell the Lot by auction, private treaty or otherwise. If a lower price is achieved on the re-sale than that achieved on the original sale the defaulting Buyer shall be liable for the difference (after crediting any part payment and adding any re-sale costs). (f) to apply any monies received from the Buyer in payment or part payment of any sums due from the Buyer to Brownes Auctions under these Terms and Conditions. (g) to refuse to allow the Buyer to register for any future auction or to reject a bid from the Buyer at any future auction. (h) to retain that or any other Lot sold to the defaulting Buyer until that Buyer pays the total amount due. (i) to reject or ignore bids from the defaulting Buyer at future Auctions or to impose Conditions before any such bids shall be accepted. (j) to remove, store and insure the Lot at the expense of the defaulting Buyer. (k) to charge interest at a rate not exceeding 1.5% per month on the total amount due to the extent it remains unpaid after the due date. (l) to retain or acquire ownership of the Lot. (j) to repossess any goods comprising any Lot in respect of which payment is overdue and thereafter resell the same, and for this purpose the Buyer hereby grants an irrevocable licence to Brownes Auctions to enter upon all or any of the Buyer?s premises during normal business hours, without prejudice to any other rights of Brownes Auctions to repossess any goods comprising any Lot. 78. The Buyer agrees to indemnify Brownes Auctions and its consignors on a full indemnity basis against all legal and other costs, all losses and expenses incurred as a result Brownes Auctions and its consignors taking steps under the previous clause. 79. In the event that the Buyer of a Lot claims a dispute, cancels a payment or initiates a charge back with any third party payment intermediary such as Paypal, a bank, a credit card provider or other financial institution, the buyer will be assessed a charge of 20% of the hammer price as liquidated damages. By bidding on any such Lot the Buyer agrees to the payment of such liquidated damages as a result of the irreparable harm suffered by Brownes Auctions and its consignors. 80. The Buyer is solely responsible for paying any customs or import duties, charges or fees, taxes or broker or other fees that may be levied relating to the export or import or consumption of any purchased Lot. Brownes Auctions and its consignors are not responsible for or liable to pay any customs or import duties, charges or fees, taxes or broker or other fees relating to the export or import or consumption of any Lot purchased by the Buyer. 81. Brownes Auctions and its consignors make no warranties or representations that any Lot complies with any or all applicable international, national or other laws, treaties, statutory requirements, rules, regulations or ordinances of any kind or nature whatsoever. 82. By placing a bid the Bidder accepts the responsibility, obligation, onus and liability for complying with any and all applicable international, national, domestic or other laws, treaties, statutes, conventions, statutory requirements, rules, regulations or ordinances of any kind or nature whatsoever with respect to any aspect of any Lot they bid on or purchase. By buying a Lot the Buyer accepts the responsibility, obligation, onus and liability for complying with any and all applicable international, national, domestic or other laws, treaties, statutes, conventions, statutory requirements, rules, regulations or ordinances of any kind or nature whatsoever with respect to any aspect of any Lot they bid on or buy. 83. Prospective Buyers are on notice that: some countries completely prohibit the import, export or possession or trade in certain goods. Some countries may allow the import, export or possession or trade in certain goods in certain instances or if conditions are met. Some countries may require certain permits, licences, authorisations, registrations, certificates, documentation and so on be obtained to enable the import, export or possession or trade in certain goods. Such goods may include but are not limited to items containing materials obtained from a protected or endangered species, items deemed to be of cultural significance, certain antiquities, items sourced from or containing materials sourced from countries that are subject to trade embargoes or sanctions. 84. It shall be the prospective Buyer's sole responsibility to research and satisfy the requirements of any and all applicable international, national or other laws, treaties, statutes, rules, regulations or ordinances of any kind or nature whatsoever with respect to any aspect of any Lot they bid on or buy. 85. It shall be the Buyer's sole responsibility to obtain any and all necessary export or import permits, licences, authorisations, registrations, certificates and documentation. Please note that the ability to obtain any necessary export permit, license,certificate or other authorisation or document does not ensure the ability to obtain any necessary import permit, license,certificate or other authorisation or document in another country, and vice versa. Brownes Auctions and its consignors are not able to assist the bidder or buyer in attempting to obtain any necessary export or import permits, licences, authorisations, registrations, certificates or documentation, and there is no assurance that any necessary export or import permits, licences, authorisations, registrations, certificates or documentation can be obtained. The inability or delay in obtaining any necessary export or import permits, licences, authorisations, registrations, certificates or documentation will not constitute a basis for rescission or cancellation of the sale of the relevant Lot(s) or for any delay in payment of invoices in accordance with these Terms and Conditions. 86. Brownes Auctions ship worldwide to most countries and reserve the right to manage, direct and handle all shipping, packing, transport, pick-up, delivery and insurance related matters. Brownes Auctions also reserve the right to relinquish such responsibilities to the Bidder or their duly appointed agent as we see fit. 87. The invoice will specify the shipping charges for the bought Lot(s). 88. Lots will not be released or shipped until the total amount due has been received by Brownes Auctions in cleared funds, the payment method must be as specified by Brownes Auctions in the relevant invoice. 89. Bought Lots cannot be collected from our premises, due to security requirements we do not keep any inventory at our premises. All order fulfilment takes place at a secure vault facility and as a result it is not possible for Buyers or their representatives or agents to pick up purchased lots. 90. Please allow 5 business days for processing. 91. If a Buyer requires that shipping be delayed for some reason they must contact us. At the Buyer's request we can delay shipping on all fully paid lots for up to 30 days with no storage charges. 92. Shipped packages will require a signature upon delivery. 93. In the event that the Buyer or their agent or representative refuses delivery of a Lot and the Lot is subsequently returned to Brownes Auctions or its consignors, the Buyer shall be liable for a restocking fee equal to 25% of the total amount paid for the Lot. 94. All items are shipped at the Buyer's risk and Brownes Auctions and its consignors do not accept responsibility for items lost or damaged in transit. Brownes Auctions and its consignors are not responsible for the acts or omissions of carriers or packers of purchased lots. The Buyer agrees that packing and handling of purchased Lots by Brownes Auctions are undertaken for the convenience of the Buyer, and Brownes Auctions and its consignors are not responsible for any damage that may occur during packing and handling and shipping. The Buyer releases Brownes Auctions and its consignors from any and all claims for loss or damage to any item during transit and agrees to pay all costs of defence, including legal fees, for any claims brought against Brownes Auctions or its consignees for loss or damage occurring during transit. 95. If for any cause a bought Lot cannot be shipped Brownes Auction may cancel the sale and may refund the sum paid by the Buyer and received in cleared funds by Brownes Auctions for that Lot. The Buyer agrees that if for any cause a bought Lot cannot be shipped, Brownes Auctions and its consignors shall in no event be liable for any amount in excess of that received by Brownes Auctions from the Buyer for that Lot. 96. Any and all of these Terms and Conditions may be waived in the sole discretion of Brownes Auctions. 97. Brownes Auctions or its consignors failure to exercise or enforce any right or provision of these Terms and Conditions or any other legal rights, shall not constitute a waiver of such right or provision. 98. No act, failure to act or partial act by Brownes Auctions or its consignors shall be deemed a waiver of Browns Auctions or its consignors rights hereunder. 99. No waiver of any breach, privilege or provision of these Terms and Conditions will be construed as a waiver of any rights or remedies arising from any other or future breach, privilege or provision. 100. It is understood that any accrued but unpaid financial obligations, and any other Terms and Conditions related to such financial obligations, shall survive the expiration or termination of this agreement. 101. These Terms and Conditions shall be binding on any of a buyers or bidders successors, assigns, trustees, administrators, executors and representatives. 102. These Terms and Conditions will enure to the benefit of, and are intended to be, enforceable by Brownes Auctions and its consignors, parents, subsidiaries, affiliates, successors, assigns, members, directors, officers, and licensees. 103. All provisions of these Terms and Conditions that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. 104. If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted and severed from the remaining provisions. Any such modification to or deletion of or severance of a provision or part-provision under this clause shall not affect the validity and enforceability of the remaining provisions of the Terms and Conditions. If any provision or part-provision of these Terms and Conditions is found invalid or unenforceable by a court of competent jurisdiction, then such provision or part-provision shall be deemed stricken herefrom and the remainder of these Terms and Conditions shall remain at all times in full force and effect. Such invalid or enforceable provision or part-provision shall, to the extent legally permitted, be replaced by a valid and enforceable provision or part-provision that comes closest to the parties' intent underlying the invalid or unenforceable provision or part-provision. 105. The Bidder or Buyer expressly understands and agrees to submit to the personal and exclusive jurisdiction of the courts of the country, state, province or territory determined solely by Brownes Auctions and its consignors to resolve any legal matter arising under theseTerms and Conditions or arising out of, resulting from or in any way relating to a Lot or its purchase, sale, delivery or non-delivery, or the acts or omissions of Brownes Auctions or its consignors. Brownes Auctions and its consignors retain the right to bring proceedings in any court of competent jurisdiction. 106. These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims, claims for set-off, counterclaims) shall be governed by, and construed in accordance with law of the country, state, province or territory determined solely by Brownes Auctions and its consignors. 107. Brownes Auctions reserves the right to change these Terms and Conditions from time to time as we fit and without notice. The buyers continued participation in any Brownes Auction or sales event shall signify the Buyer's acceptance of any adjustment to these Terms and Conditions.