Auction Terms & Conditions
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.
Sebae Data Solutions, Inc.
SERVICE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections.
HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".
Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.
When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).
The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions.
Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer
Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC.
LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.