Terms and Conditions of Sale
These terms are applicable to all floor and mail bidders in this auction. Your submission of bids in this auction constitutes your acceptance of these “Terms of Sale”.
1) This is a public Auction sale, NOT an approval sale. At the fall of the gavel or Auctioneer's call of “Sold”, all sales are final. By bidding in this auction, the bidder personally guarantees payment. The Auctioneer has final discretion in all matters. In case of dispute, the lot/s in question may be resold. Lots will be sold in their numerical sequence unless the auctioneer directs otherwise.
2) Payments must be made in full and lots must be removed by the date of sale. Absolutely no lots will be released until payment in full has been made. Payment may be made in cash, EFTPOS, personal cheques with proper identification at the discretion of Phoenix Auctions WA, or by major credit cards. Successful postal bidders will be notified by email or phone. NO CREDIT WILL BE GIVEN. REFUSAL MAY OFFEND.
3) A 12.5% buyer's premium will be added to the “Knock down” price of lot.
4) Unless otherwise specifically stated by the Auctioneer, each new bid shall be raised above the previous bid by such amount as is determined by the Auctioneer during the course of the auction, and no party shall be allowed to retract his or her bid after acknowledgement by the Auctioneer.
5) The Auctioneer reserves the right to refuse any bid and to withdraw any goods from sale at any time, or to disclose any reserves of vendor information, without having to state any reason.
6) On the fall of the hammer, (if required by the Auctioneer), the purchaser shall give his or her name and address, and immediately pay 25% of the purchase price in part payment. In default, the lot or lots so purchased may, at the Auctioneer's absolute discretion, immediately be re-offered and resold.
7) Except as otherwise provided by state issue of Federal law, no conditions or warranty is given on implied by the Auctioneer in respect of any lot offered. As all lots are given for inspection prior to the commencement of sale, it shall be presumed that the goods have been inspected and that the purchaser accepts the goods brought with all faults, if any, as described. All lots are guaranteed genuine except where so described; however if the lot sold is found to be a deliberate fake of forgery, the purchaser may return it and receive, upon confirmation of the same, a full refund.
8) The Auctioneer shall not be liable for any description or mis-description given to the goods for sale. Any statement as to the quality of goods is approximate only and is as represented to the Auctioneer. The Auctioneer gives no warranty that the quantities as stated are correct.
9) If any purchaser fails to comply with any of these conditions, or if any cheque given on account of the purchase price of any goods is dishonored, any monies which the purchaser has paid to the Auctioneer on account of purchase, shall be forfeited absolutely to the vendor. The vendor or the Auctioneer is at liberty to re-sell the lot in any manner and upon such terms and conditions as they may deem proper and to sue the purchaser for damages. Without limiting the generality of the foregoing, the Auctioneer, in the event of such resale, is entitled to:
a) The amount of any commission lots as a result of the purchaser not proceeding with the purchase.
b) The cost of advertising in respect of any such resale
10) Estimates are given only as a guide, and not given as starting points for bidding. You may bid by mail before the sale. Please use the form provided. Enter the maximum you are prepared to offer for each lot and the auctioneer will represent you. Lots are knocked down at one step above the next highest bid, and not necessarily your highest bid. For example, your bid is $110 and the next highest bid is $80 - the hammer price is $85 . All prices are in Australia Dollars.
11) No lots purchased by the floor bidder may be returned, including those lots where the bidder is acting as agent for another, or to mail bidders who have examined the lot/s. There are no return or refunds except for the reason of lack of authenticity or genuine mistake. Late remittance constitutes just cause for relocation of all return privileges. In no event may any lot/s be returned after 14 days for the date of the Auction. All sales are then final.
12) The Auctioneer reserves the right to bid on behalf of clients, Whilst every care is taken in executing bids and written instructions, the Auctioneer regrets that he cannot accept responsibility of any errors.
13) All lots must be paid for in full within one week of purchase. (No Exceptions) It is the bidders responsibility to find out if they were successful for the purchasing of any lot.
14) Absentee bids of less than 75% of the estimate are not accepted.