Australian History

Smalls Auctions ## Conditions of Sale These Conditions of Sale apply to all auctions conducted by Smalls Auctions ("Smalls Auctions", "we", "us" or "our"). By registering to bid, placing a bid or purchasing a lot, the bidder ("Buyer", "Purchaser", "you" or "your") acknowledges and agrees to these Conditions of Sale. These Conditions are governed by the laws of New South Wales, Australia. Nothing in these Conditions is intended to exclude, restrict or modify any rights or remedies that cannot lawfully be excluded, restricted or modified under applicable law, including the Australian Consumer Law. ### 1. Bidding and Sale 1.1 Subject to any reserve price, the highest accepted bidder at the close of the auction will be the purchaser of the lot. 1.2 In the event of two identical bids, the first bid received by the auction system will take precedence. 1.3 Bids constitute a binding offer to purchase. A bid may not be withdrawn except with the express consent of Smalls Auctions. 1.4 Smalls Auctions reserves the right to refuse registration, refuse a bid, cancel a bid, withdraw a lot, combine or divide lots, or correct errors in the catalogue where reasonably necessary. 1.5 Smalls Auctions may determine the validity and priority of bids in the event of a technical problem, system error or dispute concerning the bidding process. 1.6 Internet bidders must register through the relevant online bidding platform before bidding. 1.7 Where a live auction room is conducted, bidders may be required to complete a registration form and provide identification before being permitted to bid. 1.8 Smalls Auctions may require additional identification, references or other information from new or existing customers where reasonably necessary to verify identity, prevent fraud or comply with applicable legal or payment requirements. ### 2. Descriptions and Condition 2.1 All lots are described in good faith and, unless expressly stated otherwise, are offered based on the opinion and information available to Smalls Auctions at the time of cataloguing. 2.2 Catalogue descriptions, photographs, estimates and other information are provided to assist Buyers in assessing lots and should not be regarded as guarantees of value. 2.3 Buyers are strongly encouraged to inspect lots personally, request additional information or condition reports where available, and conduct their own research before bidding. 2.4 Unless expressly stated otherwise, lots are sold in their condition at the time of sale and Buyers should satisfy themselves as to condition, completeness, authenticity and suitability before bidding. 2.5 Descriptions of dimensions, weights, dates, materials, grades, attributions and other characteristics are provided in good faith but may be subject to reasonable variation or error. 2.6 Photographs may not accurately represent the actual colour, size or condition of an item. Photography, lighting, magnification and digital reproduction may affect appearance. 2.7 Some images may have been edited or combined to show both a close-up and a boxed view of the same item. This is for illustrative purposes only and does not indicate that multiple items are included. The lot description determines the quantity included in the sale. ### 3. Authenticity and Returns 3.1 Smalls Auctions takes reasonable care in describing the lots offered for sale. 3.2 Subject to applicable law, an Internet Buyer who has not inspected a disputed lot before the auction may request the return of a lot within 14 days of the conclusion of the sale where the Buyer can provide credible written evidence from an appropriately qualified independent expert demonstrating that: (a) a lot described as genuine or authentic is a deliberate forgery or counterfeit; or (b) a material aspect of the description is demonstrably incorrect; or (c) in the case of a mechanical or electronic device, the item does not operate where the catalogue specifically represented that it was in working order. 3.3 Any request under clause 3.2 must be made in writing and include the relevant expert evidence and details of the alleged discrepancy. 3.4 Smalls Auctions reserves the right to obtain its own independent expert assessment before determining whether a return is accepted. 3.5 A return under this clause is not available merely because a Buyer has changed their mind, considers the purchase price excessive, or has subsequently obtained a different opinion as to value, grade, attribution or desirability. 3.6 This clause does not limit any right or remedy that cannot lawfully be excluded under applicable law. 3.7 A Buyer who has inspected a lot before the auction is expected to have satisfied themselves as to its condition and description before bidding. This does not exclude any rights that cannot legally be excluded. ### 4. Buyer's Premium and Charges 4.1 All purchases are subject to a Buyer's Premium of 22% of the hammer price, unless a different rate is expressly stated for a particular auction or lot. 4.2 The Buyer's Premium is added to the hammer price to determine the purchase amount before applicable shipping and other charges. 4.3 Any applicable taxes, duties, customs charges, import charges, clearance charges or other government charges imposed in the country of delivery are the responsibility of the Buyer. 4.4 Buyers are responsible for ensuring that the purchase and import of a lot is lawful in their country of residence or destination. 4.5 Additional charges may apply to oversized, unusually heavy, fragile, restricted or otherwise specialised items where stated in the lot description or advised to the Buyer. ### 5. Payment 5.1 Payment for all purchases is due within 7 days of the conclusion of the auction unless otherwise agreed in writing by Smalls Auctions. 5.2 Payment methods accepted by Smalls Auctions may include bank transfer, PayPal or other payment methods expressly offered to the Buyer. 5.3 Payment instructions will be provided on the Buyer's invoice or by Smalls Auctions. 5.4 Smalls Auctions may require additional identification or verification before accepting payment or releasing goods. 5.5 Payment must be made by the registered Buyer unless Smalls Auctions agrees otherwise in writing. 5.6 Smalls Auctions reserves the right to refuse or delay release of goods until cleared funds have been received. ### 6. Non-Payment 6.1 If payment is not received within the required period, Smalls Auctions may, without further notice: (a) cancel the sale; (b) suspend or restrict the Buyer's bidding privileges; (c) charge reasonable storage, handling or recovery costs; (d) pursue the Buyer for amounts owing; and/or (e) resell the lot by auction or private sale. 6.2 Where a lot is resold following non-payment, Smalls Auctions reserves the right to recover from the defaulting Buyer any reasonable loss resulting from the resale, including the difference between the original purchase price and the amount subsequently realised, together with reasonable costs incurred. ### 7. Title and Risk 7.1 Legal title to a purchased lot will not pass to the Buyer until Smalls Auctions has received payment in full in cleared funds. 7.2 Until payment is received in full, Smalls Auctions may retain possession of the lot. 7.3 The Buyer is responsible for the lot once it has been released to the Buyer, the Buyer's nominated carrier, shipping agent or other person authorised by the Buyer to take possession. 7.4 Smalls Auctions will take reasonable care of purchased lots while they remain in its possession. ### 8. Collection and Shipping 8.1 Australian purchasers will generally be charged a shipping fee of $12.50 per order, unless additional charges apply due to the size, weight, fragility, value or nature of the goods. 8.2 International purchasers will generally be charged a shipping fee of $35.00 per order, unless additional charges apply due to the size, weight, fragility, value, destination or nature of the goods. 8.3 Shipping charges may be increased where a lot requires specialised packaging, insurance, courier services, freight or other handling. 8.4 The shipping method will be selected by Smalls Auctions having regard to the nature and value of the goods, destination and available postal or courier services. 8.5 Certain goods, including valuable, restricted, fragile or unusually large items, may not be suitable for standard postal services. Smalls Auctions may require an alternative shipping method or arrange a separate freight quotation. 8.6 Shipping times are estimates only and Smalls Auctions is not responsible for delays caused by postal services, courier companies, customs authorities, weather, industrial action or other circumstances outside its reasonable control. 8.7 Buyers are responsible for providing a complete and accurate delivery address. 8.8 Any additional insurance requested by the Buyer, or reasonably required for a particular shipment, may be charged to the Buyer. 8.9 International Buyers are responsible for all import duties, customs charges, taxes, brokerage fees and other charges imposed by the destination country. 8.10 Buyers should check the import restrictions of their destination country before bidding. Smalls Auctions does not guarantee that a particular lot can legally be imported into a particular country. ### 9. International Purchases 9.1 International Buyers acknowledge that laws and import restrictions vary between countries. 9.2 The Buyer is responsible for determining whether the purchase may legally be exported from Australia and imported into the destination country. 9.3 Smalls Auctions may decline to ship a lot internationally where it reasonably considers that shipping the item would breach applicable law, postal restrictions, sanctions, export requirements or the policies of the relevant carrier or payment provider. 9.4 Customs declarations will be completed in accordance with applicable laws and regulations. Smalls Auctions will not knowingly make a false customs declaration or undervalue a shipment at a Buyer's request. ### 10. Inspection 10.1 Buyers are encouraged to inspect lots before bidding where inspection is available. 10.2 By bidding, a Buyer acknowledges that they have had the opportunity to inspect the lot personally or obtain further information from Smalls Auctions. 10.3 A Buyer's failure to inspect a lot does not, of itself, constitute a waiver of any rights that cannot legally be excluded. ### 11. Bidding Through Third-Party Platforms 11.1 Buyers who bid through LiveAuctioneers or another third-party platform are also subject to that platform's applicable terms and conditions. 11.2 Where the platform's terms and these Conditions of Sale address the same matter, the applicable platform terms may govern the Buyer's use of that platform, while these Conditions govern the sale between Smalls Auctions and the Buyer. 11.3 Buyers are responsible for familiarising themselves with the payment, bidding and technical requirements of the platform through which they bid. ### 12. Payment and Platform Fees 12.1 Smalls Auctions' Buyer's Premium is separate from any fee that may be imposed by a third-party payment provider or platform, unless expressly stated otherwise. 12.2 Any payment processing, currency conversion, bank or international transaction charges imposed by a Buyer's bank or payment provider are the Buyer's responsibility. ### 13. Errors and Technical Problems 13.1 Smalls Auctions will take reasonable care to ensure that catalogue information and online bidding information is accurate. 13.2 Smalls Auctions will not be responsible for bids that are not received, recorded or processed due to internet failure, technical malfunction, telecommunications failure, software error, platform outage or other circumstances outside its reasonable control. 13.3 If a material technical or administrative error affects the conduct of an auction, Smalls Auctions reserves the right to take reasonable steps to correct the error, including cancelling an affected bid or lot where necessary. ### 14. Reserves and Withdrawal of Lots 14.1 Lots may be subject to a reserve price. 14.2 A lot subject to a reserve will not be sold unless the reserve is met or Smalls Auctions otherwise agrees to sell the lot. 14.3 Smalls Auctions reserves the right to withdraw a lot from sale before the auction closes. ### 15. Prohibited or Unlawful Transactions 15.1 Smalls Auctions may refuse a transaction where it reasonably believes that the transaction may breach applicable law, sanctions, export restrictions, import restrictions, payment-provider requirements or other applicable regulations. 15.2 Smalls Auctions may request identification or other information where reasonably necessary to comply with legal, regulatory, fraud-prevention or payment requirements. ### 16. Limitation of Liability 16.1 To the extent permitted by law, Smalls Auctions will not be liable for indirect or consequential loss arising from a Buyer's purchase of a lot, including loss of opportunity, anticipated profit or investment value. 16.2 Nothing in these Conditions excludes liability that cannot lawfully be excluded under applicable law. ### 17. Governing Law 17.1 These Conditions of Sale are governed by the laws of New South Wales, Australia. 17.2 The parties submit to the jurisdiction of the courts of New South Wales and any courts competent to hear appeals from them. ### 18. Acceptance of Conditions 18.1 By registering to bid, placing a bid, purchasing a lot or otherwise participating in an auction conducted by Smalls Auctions, the Buyer acknowledges that they have read, understood and agreed to these Conditions of Sale. 18.2 These Conditions should be read together with the individual lot description, any specific auction terms and any applicable terms of the third-party bidding platform through which the Buyer participates. **Smalls Auctions reserves the right to update these Conditions of Sale from time to time. The Conditions applicable to a particular auction will be those displayed or made available to bidders for that auction.**