Terms & Conditions of Business - Buyers
David Barsby Auctions is located in Sydney, Australia.
Barsby Auctions as Agent: Except as otherwise stated Barsby Auctions acts as agent for the Seller. The contract for the sale of the property is therefore made between the Seller and the Buyer.
Before the auction: Buyers are responsible for requesting any condition reports prior to the sale (see Condition Reports). These should be considered opinion only and the purchaser should satisfy themselves as to whether or not in their own judgement, the lot accords with the description or indeed their expectations. The property is otherwise sold "AS IS"
All statements by Barsby Auctions in the catalogue entry for the property or in the condition report, or made orally or in writing elsewhere, are statements of opinion and are not to be relied upon as statements of fact. Such statements do not constitute a representation, warranty or assumption of liability by Barsby Auctions of any kind. The absence of such a reference does not imply that an item is free from defects or restoration, nor does a reference to particular defect imply the absence of any others.
Estimates of the selling price should not be relied on as a statement that this is the price at which the item will sell or its value for any other purpose. Neither Barsby Auctions nor the Seller is responsible for any errors or omissions in the catalogue or any supplemental material. Illustrations are provided only as a guide and should not be relied upon as a true representation of colour or condition. Images are not shown at a standard scale.
After the auction: Successful online bids constitute a commitment to buy and collect the auctioned lot as per these terms and conditions. The buyer will not acquire title for the lot until Barsby Auctions receives full payment in cleared funds.
In addition to the hammer price, the buyer agrees to pay to Barsby Auctions the buyer's premium. The buyer's premium is 17% of the hammer price plus GST. Lots purchased through an online bidding platform may be subject to a 3% surcharge (plus GST where applicable). Invoices not paid 4 days after the auction will attract an additional 5% buyer's premium (plus GST).
Live internet bidding: Barsby Auctions may choose to permit live internet bidding at some auctions. This bidding may be through a variety of platforms. Barsby Auctions cannot guarantee this system or the internet. Barsby Auctions do not take any responsibility should we fail to receive any bid sent using this or any other internet bidding system.
Methods of Payment: We accept the following methods of payment: Cash, Bank Cheque, Bank transfer, EFTPOS, MASTERCARD, VISA & AMEX. There is currently no surcharge for payments by AMEX, MC and Visa.
Credit card payments over $1000 can only be made in person with a PIN or signed transaction. If this is not possible then Bank transfer is required. MOTO is available for amounts under $1000 at our discretion. Any costs associated with bank transfer are the responsibility of the buyer.
Collection of Lots: Goods will not be released until the purchaser's account has been paid in full. Successful bids through online platforms will be processed once the auction is complete. At the fall of the hammer, insurance is the responsibility of the purchaser.
Goods must be collected and paid for within 24 hours from the end of the auction, where the auction is performed 'On-Site'. If the auction is in our rooms, the goods must be collected within 48hrs from the end of the sale.
Any goods not collected within the stipulated time after the auction will be charged a storage charge of $10.00 per lot per day unless alternative arrangements have been made. This applies to all buyers, whether they bid in person, by commission or by telephone.
If you cannot pick up the items within the specified times please contact us within 24hours of the auction completion.
Packing and Shipping: Buyers must arrange their own carriers for the removal of large items such as furniture. We are happy to recommend a number of local carriers. The buyer is responsible for any and all costs.
Small items, those suitable for carriage by Australia Post, can be packed and posted at the buyer's risk and expense. All items will be sent registered post and a modest charge will be added for time and postage materials.
All packages must be sent to the same address as your credit card is registered to.
Remedies for Non-Payment: If the Buyer fails to make full payment in the stipulated time, Barsby Auctions is entitled to exercise one or more of the following rights or remedies (in addition to asserting any other rights or remedies available under the law)
1 to charge interest at such a rate as we shall reasonably decide.
2 to hold the defaulting Buyer liable for the total amount due and to commence legal proceedings for its recovery along with interest, legal fees and costs to the fullest extent permitted under applicable law.
3 to cancel the sale.
4 to resell the property publicly or privately on such terms as we see fit.
5 to reject at any future auction any bids made by or on behalf of the Buyer or to obtain a deposit from the Buyer prior to accepting any bids.
6 to take such other action as Barsby Auctions deem necessary or appropriate
Third Party Liability: Any person attending an auction conducted by Barsby Auctions or visiting the premises of the auctioneers affirms that he is there at his own risk and shall have no claim against Barsby Auctions in respect of any accident, injury, loss or damage unless caused by the negligence of Barsby Auctions employees.
Admission: Barsby Auctions reserve the right to refuse any person or persons admission to, or to eject from the auction venue.