Antiques, Collectables & 20th Century Design

Vickers & Hoad Pty Ltd ABN 53 693 423 260 TERMS & CONDITIONS TERMS AND CONDITIONS OF AUCTION SALE 1 Subject to any reserve price and the Vendor's right to bid, the highest bidder shall be the Purchaser and in the event of any dispute arising, the lot may be reoffered, the Auctioneer shall be the sole arbitrator and his decision shall be final. 2 Advances in bidding shall be regulated by the Auctioneer and unless otherwise advised, will be at least ten percent in advance of the previous bid. No bidder may retract their bid once it has been taken. 3 The Auctioneer may refuse to accept any bid which, in his opinion, is not in the best interests of the Vendor, and may exclude any person or persons whatsoever from the Auction at any time for any reason whatsoever, and particularly if he suspects they are engaging in collusive bidding practices. 4 The Vendor reserves the right to withdraw a lot from sale at any time before the Auctioneer accepts a bid for the lot at the Auction. 5 On the fall of the hammer, the Purchaser shall give their name and address and (if required) immediately pay twenty-five cents in the dollar in part payment of the purchase price, such payment to be applied to the lot so purchased or to the entire invoice of purchases by the Purchaser. The Purchaser shall complete the Vickers & Hoad Pty Ltd "Buyer's Bid Card". In default of these conditions, the lot or lots so purchased may, at the Auctioneer's absolute discretion, be immediately put up again and resold. 6 The Purchaser shall be deemed to be the principal unless, prior to the sale, they had given the Auctioneer a copy of a written authority to bid for or on behalf of another person. 7 As soon as possible after the fall of the hammer, the Purchaser and the Vendor authorize the Auctioneer and/or Auctioneer's clerk to sign on their behalf the sale sheet which with these conditions shall constitute the whole contract between the Vendor and the Purchaser to the exclusion of everything else. 9 No condition or warranty either express or implied is given by the company Vickers & Hoad Pty Ltd with any lot offered, as all lots are open for inspection prior to the commencement of the sale and are sold with all faults, if any. No sale shall be invalidated and no compensation shall be paid in respect of any fault or error of description of any lots sold. No lot shall be sold or deemed to be sold by order of sale description or by any other description. Notwithstanding any other terms and conditions, if within fourteen (14) days after the sale , Vickers & Hoad Pl, shall receive from the buyer notice in writing accompanied by the written opinion of two(2) competent experts or authorities that the property is a forgery and not later than seven (7) days after such notification the buyer returns the property to Vickers & Hoad Pl in the same condition as at the time of sale and satisfies Vickers & Hoad that the property is a forgery, the purchase price shall be refunded. 10 Any statement as to the quantity of goods is approximate only and is as represented to the company Vickers & Hoad. The company gives no warranty that quantities as stated are correct. In addition to any other rights the Purchaser may have, compensation for shortages in quantity shall be given if demanded in writing before delivery of the goods. In the event of any dispute as to compensation, the dispute shall be settled by an arbitrator who shall be a person mutually agreed upon by the parties. 11 No purchases may be removed until after the conclusion of the Auction. All purchases must be paid for and removed within two (2) days of the date of the sale or as specified at the time of sale. 12 If the Purchaser fails to comply with these conditions or any of them or if any cheque given on account of any purchase is dishonoured, any monies which the Purchaser shall have paid to the company Vickers & Hoad Pty Ltd on account of any purchases shall be absolutely forfeited to the Vendor and the Vendor or the company Vickers & Hoad Pty ltd shall be at liberty to sue the Purchaser for recovery of the balance of the purchase monies and the Buyer'd Premium forthwith or, without prejudice to the Vendor or the partnership's right to recover the balance of purchase monies and the Buyer's Premium if it is not possible to resell the lot, to resell or attempt to resell the lot in any manner and upon such terms and conditions as they may think fit, and without being obliged to give any notice of resale to the Purchaser. 13 All losses and expenses incurred by the Vendor or the partnership resulting from any resale pursuant to Clause 12 hereof or any attempted resale and all damages which the Vendor or the Company may sustain thereby shall be recoverable from the Purchaser as liquidated damages whether the goods are resold or not. Without limiting the generality of the foregoing, the partnership shall be entitled to recover from the Purchaser:- (a) The amount of any commission which the partnership lost on a purchase as the result of the Purchaser not proceeding; (b) The Buyer's Premium payable in accordance with Clause 16; (c) All costs associated with any resale or attempted resale, including advertising, insurance, transport and storage; and (d) Interest on the purchase monies outstanding from time to time on and from the third day after the date of the sale at the corporate overdraft reference rate for the time being charged by the National Bank. 14 SALE BY TENDER - The highest or any tender may not necessarily be accepted. Any of these other Conditions of Sale that are relevant also apply to Sale by Tender. Particular note should be taken in reference to Conditions 6, 8, 9, 10, 11, 12, 13, 15, 16 and 17. 15 No servant or agent of the partnership is authorised to waive, add to or vary these Conditions without the written authority of the principal of Vickers & Hoad Pty Ltd 16 The purchaser agrees that the Vickers & Hoad Pty Ltd will charge a premium as otherwise notified being a percentage of the gross sale price to the Purchaser (exclusive of GST) for services and facilities provided to the purchaser by Vickers & Hoad (Buyer's Premium). The Buyer's Premium is payable in addition to and at the same time as the sale price and will form part of the total price paid by the Purchaser for the purchase of the lot. 16.1 Prior to the Auction, the company Vickers & Hoad P/L will advise the Purchaser, either orally or in writing, whether the sale price of a lot is exclusive of Goods & Services Tax (GST) (GST Exclusive) or inclusive of GST (GST Inclusive). 16.2 The Purchaser acknowledges and agrees that:- (a) If the sale price is GST Exclusive, GST will be calculated on and added to the sale price and the Buyers Premium. (b) If the sale price is GST Inclusive, the Buyer's Premium will be as a percentage of the Sale Price (Exclusive of GST) and payable by the Purchaser to the partnership at the same time as the sale price. 17 The Purchaser acknowledges that the Vickers & Hoad Pty Ltd is acting as the authorised agent of the Vendor and any rights of action he may have in respect of the lots purchased by him lie against the Vendor, not the company. In the event that he wishes to take proceedings in respect of the said lots and the Vendor has not been named by the partnership in its dealings with him to date, he agrees to request the name of the Vendor from Vickers & Hoad and, provided the partnership provides the relevant details, to proceed against the Vendor, not Vickers & Hoad Pty Ltd Vickers & Hoad Pty Ltd Auctioneers ABN 53693423260 Vickers & Hoad Auctioneers Extra Conditions for Live online bidders ONLINE BIDDERS BUYERS PREMIUM IS SET AT 20% + GST if applicable Information for Buyers Buyers Premium & Payment 20% gst Exclusive, Lots purchased online with eBay Live Auctioneers media will attract an additional charge for this service in the sum of 5% of the hammer price plus gst at the rate imposed 20% Condition Reports It is recommended that prospective purchasers view the sale, however where this is not possible, we can provide a condition report without charge or obligation. If reference is not given to the condition of any lot within the catalogue, this does not imply that the lot is without faults or imperfections. All statements regarding condition reports (whether printed, made orally or given in e-mail) are statements of opinion only and are not to be taken as being or implying any warranties or representations of fact by Vickers & Hoad Pty ltd. Unless they have been instructed in writing by the seller to so certify. Estimates Estimates are prepared in advance of the sale and do not include the buyers Premium (or GST when this is paid on the hammer price). These are purely intended as a guide to prospective purchaser. Items with no estimate are believed to have a nominal value (ie less than $200). Registration It is essential that all attending buyers obtain a purchaser number by registering at the clerk's desk. Where possible, please register to bid prior to the sale commencing. Bidding Please make your bids clear to the auctioneer and if successful ensure that your purchaser number can be seen and that it is called out by the auctioneer. If there is any doubt about either the price or the buyer, this should be brought to the auctioneer's attention immediately. The speed of each sale varies but for guidance these run at approximately 100-120 lots per hour Bidding By Proxy Should you be unable to attend the sale, we will be pleased to make commission bids on your behalf or take bids over the telephone Lots purchased online with Ebay Live will attract an additional charge for this service in the sum of 5% of the hammer price at the rate imposed Payment Payment for lots purchased must be received in full within 48 hours of the sale. Items cannot be removed from the premises until payment has been cleared Clearance Vickers & Hoad Pty Ltd reserve the right to levy a handling charge of $10 if items are not removed from the premises by 5pm on the Friday following the sale and thereafter will be charged $10 per lot, per day. Should the items still remain after 14 days; the items will be re offered in the next available auction in order to recover costs. Postage & Delivery Vickers & Hoad are not packers & Shippers, but we will transfer your details to Vickers Shipping Service, and you may obtain a quote Please note this is a separate entity to Vickers & Hoad Auctioneers shipping@vickhoad.com Collection by a third party If a third party is to collect goods on behalf of a buyer, formal written authority and identification will be required before the goods can be released. Your bid is a contract. Place a bid only if you're serious about buying the item. If you are the successful and winning bidder, you have entered into a legally binding contract to purchase the property bid on from the seller. You should contact the seller to resolve any questions before bidding. CONDITION REPORTS Whilst we seek to describe lots accurately, it may be impractical for us to carry out exhaustive due diligence on each lot. Prospective buyers are given ample opportunities to view and inspect before any sale and they (and any independent experts on their behalf) must satisfy themselves as to the accuracy of any description applied to a lot. Prospective buyers also bid on the understanding that, inevitably, representations or statements by us as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price involve matters of opinion. We undertake that any such opinion shall be honestly and reasonably held and accept liability for opinions given negligently or fraudulently. Subject to the foregoing neither we the auctioneer nor our employees or agents nor the seller accept liability for the correctness of such opinions and all conditions and warranties, whether relating to description, condition or quality of lots, express, implied or statutory, are hereby excluded. SHIPPING In all cases the packing and shipping will be handled by an outside agent and arranged for by the purchaser. Vickers & Hoad will be happy to recommend shippers and assist you in making arrangements, but all shipping arrangements are the responsibility of the purchaser. Vickers & Hoad must be informed as to any other shipping arrangements. Vickers & Hoad will not be responsible for damage or loss once the item has been received by the shipper. In the case of fragile articles, shipping will be undertaken at the sole discretion of the shipper. Buyer pays actual shipping. Contacts for receiving shipping estimates pre-auction may be found in the Terms and Conditions.

You MUST complete registration a minimum of 24 hours PRIOR to the START of an auction session. We cannot guarantee that you will be approved if you try to register in the middle of an auction. Be sure to include basic information in your registration including your name, address, email address, and daytime phone number or you approval will be blocked. We require a minimum of 90% positive feedback or higher in order to be approved, as well as other factors for approval at the discretion of the auctioneer. Unlike other eBay auctions in the regular format with a specific start day and time and a specific stop day and time, the LIVE AUCTION process is a bit different. Be aware that when our auction session begins on the day indicated, the lots are sold in numeric order at a rate of approximately 100 lots per hour. As such, if a session only has 500 lots, it will likely be over in approximately 5 hours(no matter what the end time eBay might list). For example, if lot 1 begins at 10 am EST, then lot 100 will fall around 10:45 to 11:15 am EST and so on. Remember, these times are approximate, so if you intend on bidding LIVE, leave yourself some flexibility in either direction to be by your computer at the right time. If you have any further questions about the times lots will come up LIVE, please contact our offices. eBay accepts absentee bids up to ONE HOUR BEFORE a session begins once you have registered. If you miss the absentee bid deadline, you may log on and bid live at any time during the course of an auction as long as you have COMPLETED REGISTRATION in and been cleared to bid by the auction house in advance.

In all cases the packing and shipping will be handled by an outside agent and arranged for by the purchaser. Vickers Hoad will be happy to recommend shippers and assist you in making arrangements, but all shipping arrangements are the responsibility of the purchaser. Vickers Hoad must be informed as to any other shipping arrangements. Vickers Hoad will not be responsible for damage or loss once the item has been received by the shipper. In the case of fragile articles, shipping will be undertaken at the sole discretion of the shipper.

Whilst we seek to describe lots accurately, it may be impractical for us to carry out exhaustive due diligence on each lot. Prospective buyers are given ample opportunities to view and inspect before any sale and they (and any independent experts on their behalf) must satisfy themselves as to the accuracy of any description applied to a lot. Prospective buyers also bid on the understanding that, inevitably, representations or statements by us as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price involve matters of opinion. We undertake that any such opinion shall be honestly and reasonably held and accept liability for opinions given negligently or fraudulently. Subject to the foregoing neither we the auctioneer nor our employees or agents nor the seller accept liability for the correctness of such opinions and all conditions and warranties, whether relating to description, condition or quality of lots, express, implied or statutory, are hereby excluded

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