Terms & Conditions of Business
Vendors Title: The Vendor warrants to David Barsby Auctions that he is the true owner of the property or is properly authorised to sell the property by the true owner and is able to transfer a good and marketable title to the property free from any third party claim. The Vendor undertakes to indemnify David Barsby Auctions, its Servants and Agents and the Buyer against any loss or damage suffered by either in consequence of any breach of the above on the part of the Vendor. The Vendor affirms that the particulars entered on the front of this form are true and complete.
Indemnity: The Vendor shall duly indemnify David Barsby Auctions against any claims with any goods sold by David Barsby Auctions on the Vendor's behalf.
Instructions: Any item delivered to the premises of David Barsby Auctions shall be deemed consigned for sale. In delivering to or requesting David Barsby Auctions arrange for the collection of any item for delivery to David Barsby Auctions premises the Vendor agrees to be bound by these Conditions.
Delivery of Goods: David Barsby Auctions require at least 24 hours notice of a delivery to the Saleroom, and reserve the right to refuse any goods they deem to be unsuitable. Goods may not be delivered during auction viewing times and sale days.
Admission: David Barsby Auctions reserve the right to refuse any person or persons admission to, or to eject from the auction site.
Entry Form: No lot will be accepted unless entered on an appropriate Entry Form. Completion of Entry Forms does not necessarily reserve space in any sale, dates being subject to the Auctioneer's discretion, and dependent upon availability of space
Vendors Commission Payable on Sale: Commission of 15% + GST is payable by the Vendor of all lots sold, unless otherwise agreed in advance.
Other Charges: Lotting fee - No Charge, Photography - No charge, Unsold fee - No charge, Withdrawal fee - See below
GST: A Vendor who sends for sale by auction any chattel(s) which is an asset of his business must disclose to the David Barsby Auctions whether or not he is a registered person for GST purposes and, if so, his registered number and whether or not he intends to operate the special scheme covering the works of art, etc. This information must be supplied to David Barsby Auctions on or prior to delivery of the goods.
Warehousing before Auction: Goods delivered to David Barsby Auctions are stored without charge. However David Barsby Auctions exempts itself from any liability for loss or damage to goods delivered to its salerooms without sufficient sale instructions and reserves the right to make a minimum storage charge of $5 per lot per day for such goods (unless the loss or damage is caused by negligence of its employees.
Warehousing after Auction: David Barsby Auctions exempt themselves from any liability for goods left on our premises after the Vendor has been informed that they are unsold. We also reserve the right to make a charge for warehousing of $5.00 per lot per day from the first Monday following the sale (unless we have agreed to re-enter the items in another auction). If then the goods are not removed within 14 days of the sale, we reserve the right to sell them WITHOUT RESERVE and pay ourselves the outstanding charges before submitting the net proceeds to the seller. If, however, the goods are considered unsaleable David Barsby Auctions will, in addition to charging for storage, include tipping charges which may be incurred in disposing of the item(s).
Reserves: The Auctioneers will not agree to reserve prices on goods to the value of $100.00 or less and other reserves must be agreed mutually between David Barsby Auctions and the Vendor. THIS CONDITION WILL BE STRICTLY ENFORCED. All goods are offered for sale WITHOUT RESERVE unless specific written instructions are received at the office of David Barsby Auctions 48 hours prior to the day of the sale or reserves are agreed between David Barsby Auctions and the Vendor at the time of consignment of the goods. All reserves are subject to 10% discretion unless confirmed in writing as 'FIRM'. The Vendor will not in person or through the agency of any other except the auctioneer bid for his own property.
Sale by Private Treaty: In the event of a lot remaining unsold at auction David Barsby Auctions are hereby empowered by the Vendor to sell after the auction, by private treaty, at not less than the reserve price or with 10% discretion, as long as the goods remain on the premises. In the event of such a sale by private treaty the Conditions of Sale applicable to a Vendor governing the auction will apply.
Unsold lots: Unsold lots may at the entire discretion of David Barsby Auctions be re-offered in another sale at NO RESERVE unless the Vendor contacts David Barsby Auctions within three days of receiving notification of unsold lots and agrees a new reserve figure.
Collection of Unsold Lots: The Vendor must give David Barsby Auctions at least 24 hours notice of intention to collect unsold or withdrawn items.
Description: David Barsby Auctions have the sole right as to the description of any article offered for sale and to its grouping with any other belonging to the Vendor. Any representation or statement made by David Barsby Auctions either orally by any of their employees or printed in any catalogue valuation advertisement brochure or list concerning authorship attribution genuineness origin date provenance condition or value is a statement of opinion only and is not to be taken as being or implying any warranty or representation of fact by David Barsby Auctions.
Rescission: If within fourteen days after the sale the Buyer makes a claim to rescind the sale on any grounds set out in the immediate foregoing term of these Conditions and David Barsby Auctions consider that the claim be justified David Barsby Auctions is authorised to rescind the sale and refund to the buyer any amount paid to David Barsby Auctions in respect of the lot in question, reclaiming the net proceeds of the sale from the Vendor, if already paid.
Choice of Auction: David Barsby Auctions will select the appropriate sale for each item which in our opinion will be the most beneficial to the Vendor and reserve the right to proceed on this basis without any further reference to the Vendor. Withdrawal of Lots: The Vendor is entitled to withdraw any lot up to the point of sale. However, in the event of a Vendor seeking to withdraw a lot or alter the agreed reserves, commission rates and other terms of sale after the catalogue has been produced or the sale advertised, David Barsby Auctions will charge a withdrawal fee of 15% of the lower estimate on any lot (s) in addition to any other charges that may be applicable.
Insurance: The vendor may instruct David Barsby Auctions to insure property consigned to it for sale or put under its control for any other purpose. Such insurance will be at the expense of the Vendor or consignor and will be assessed at a premium of 1% of the hammer price (or lower estimated selling range). If so instructed, Items are insured whilst in the possession of David Barsby Auctions against the risks of fire, theft following forcible entry and water damage but not against accidental breakage or damage, to the extent of the Company's insurer's liability to it in that regard. David Barsby Auctions shall not be responsible for the damage, loss, theft or destruction of any item not so insured upon the Vendors instructions, David Barsby Auctions shall not be responsible for accidental breakage loss or damage however caused unless by the negligence of their employees. In respect of any item delivered to David Barsby Auctions premises if the Vendor has in force a policy or policies of insurance in which the article is specifically mentioned whether or not for an agreed value the Vendor will immediately notify his insurers of and shall himself note the interest of David Barsby Auctions as bailees in respect of such policy or policies.
Authority to Deduct Commission and Expenses: The Vendor authorises David Barsby Auctions to deduct commission and proper expenses and any GST thereon from the hammer price and acknowledges the right of David Barsby Auctions to retain the premium payable by the buyer.
Payment of Sale Proceeds: David Barsby Auctions will remit the sale proceeds to the Vendor after deducting commission, insurance charges and other proper expenses and GST within twenty-one days after the sale provided David Barsby Auctions has been paid in full by the Buyer. In the event that the Buyer has not paid in full David Barsby Auctions will remit the net proceeds to the Vendor five working days after such payment has been cleared by our bank. If payment has not been received by the Buyer thirty days following the sale David Barsby Auctions will endeavor to take the Vendors instructions notwithstanding the Vendor authorises David Barsby Auctions to take such steps as David Barsby Auctions think necessary to attempt to recover monies due from the seller on the buyers behalf. The Vendor hereby affirms that it shall not be incumbent upon David Barsby Auctions to pursue the buyers in the matter of amounts due provided always that David Barsby Auctions has retained possession of the lot or lots.
Photography and Illustrations: The Vendor authorises David Barsby Auctions to photograph and illustrate in its catalogue or promotional literature or advertisements any lot consigned for sale and acknowledges David Barsby Auctions copy-right to such illustration, which may be used at any time whether or not in connection with the particular auction.
Third Party Liability: Any person attending an auction conducted by David Barsby Auctions or visiting the premises of the auctioneers affirms that he is there at his own risk and shall have no claim against David Barsby Auctions in respect of any accident injury loss or damage unless caused by the negligence of David Barsby Auctions employees.
Buyer's Premium, All lots are subject to a Buyer's Premium of 15% + GST (16.50% inclusive). All lots purchased through ARTFACT/INVALUABLE LIVE platform are subject to a 3% surcharge Methods of Payment. We accept the following methods of payment: Cash, Bank Cheque, Bank transfer, EFTPOS, MASTERCARD, VISA & AMEX. There is currently a surcharge of 3% for all payments by AMEX.
Collection of Lots. Goods will not be released until the purchaser's account has been paid in full. Payment can be made during the sale and, where possible, items may be removed - a staff member will always be on hand to assist. Good must be collected 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 $5.00 per lot per day unless alternative arrangements have been made. This applies to all buyers, whether they bid in person, by commission, by the internet or by telephone.