鑒複拾寶

The terms and conditions of sale listed here contain the
policies of Artvisory Pty Ltd. They are the terms on which
Artvisory Pty Ltd and the Seller contract with the Buyer.
They may be amended by printed Saleroom Notices or
oral announcements made before and during the sale. By
bidding at auction you agree to be bound by these terms.
1. Background to the Terms used in
these Conditions
The conditions that are listed below contain terms that
are used regularly and may need explanation. They are
as follows:
“the Buyer” means the person with the highest bid
accepted by the Auctioneer
“the Lot” means any item depicted within the sale for
auction and in particular the item or items described
against any lot number in the catalogue.
“the Hammer price” means the amount of the highest bid
accepted by the auctioneer in relation to a lot
“the Buyers Premium” means the charge payable by
the Buyer to the auction house as a percentage of the
hammer price.
“the Reserve” means the lowest amount at which
Artvisory has agreed with the Seller that the lot can be
sold.
“Forgery” means an item constituting an imitation
originally conceived and executed as a whole, with
a fraudulent intention to deceive as to authorship,
origin, age, period, culture or source, where the correct
description as to such matters is not reflected by the
description in the catalogue. Accordingly no lot shall be
capable of being a forgery by reason of any damage or
restoration work of any kind (Including re-painting).
“the insured value” means the amount that Artvisory in
its absolute discretion from time to time shall consider
the value for which a lot should be covered for insurance
(whether or not insurance is arranged by Artvisory.)
All values expressed in Artvisory Pty Ltd catalogues
(in any format) are in Australian Dollars (AU$). All bids,
“hammer price”, “reserves”, “Buyers Premium” and other
expressions of value are understood by all parties to be in
Australian Dollars (AU$) unless otherwise specified.
2. Artvisory Auctions as Agent
Except as otherwise stated Artvisory Pty Ltd acts as agent
for the Seller.
The contract for the sale of the property is therefore
made between the Seller and the Buyer.
3. Before the Sale
a) Examination of Property
Prospective Buyers are strongly advised to examine
in person any property in which they are interested
before the Auction takes place. Neither Artvisory
nor the Seller provides any guarantee in relation to
the nature of the property apart from the Limited
warranty in the paragraph below.
The property is otherwise sold “AS IS”
b) Catalogue and other Descriptions
All statements by Artvisory 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 Artvisory of
any kind. References in the catalogue entry to the
condition report to damage or restoration are for
guidance only and should be evaluated by personal
inspection by the bidder or a knowledgeable
representative. The absence of such a reference
does not imply that an item is free from defects or
restoration, nor does a reference to particular defects
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 it’s
value for any other purpose. Neither Artvisory nor
The Seller is responsible for any errors or omissions
in the catalogue or any supplemental material.
Images are measured height by width (sight size).
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. Mention is rarely made of frames
(which may be provided as supplementary images
on the website) which do not form part of the lot as
described in the printed catalogue.
Foreign buyers should note that all transactions are in
Australian dollars so there may be a small exchange
rate risk. The costs associated with acquiring a good
certificate will be carried by the purchaser. If the
item turns out to be forged or otherwise incorrectly
described, all reasonable costs will be borne by the
vendor.
c) Buyers Responsibility
All property is sold “as is” without representation
or warranty of any kind by Artvisory or the Seller.
Buyers are responsible for satisfying themselves
concerning the condition of the property and the
matters referred to in the catalogue by requesting a
condition report
No lot to be rejected if, subsequent to the sale,
it has been immersed in liquid or treated by any
other process unless the Auctioneer’s permission to
subject the lot to such immersion or treatment has
first been obtained in writing.
4. At the Sale
a) Refusal of Admission
Artvisory reserves the right at our complete
discretion to refuse admission to the auction
premises or participation in any auction and to reject
any bid.
b) Registration before Bidding
Any prospective new buyer must complete and sign
a registration form and provide photo-identification
before bidding. Artvisory may request bank, trade
or other financial references to substantiate this
registration.
c) Bidding as a Principal
When making a bid, a bidder is accepting personal
liability to pay the purchase price including the
buyers premium and all applicable taxes, plus
all other applicable charges, unless it has been
explicitly agreed in writing with Artvisory before
the commencement of the sale that the bidder is
acting as agent on behalf of an identified third party
acceptable to Artvisory and that Artvisory will only
look to the principal for payment.
d) International Registrations
All International clients not known to Artvisory will be
required to scan through an accredited form of photo
identification and pay a deposit at our discretion in
cleared funds into Artvisory’s account at least 24
hours before the commencement of the auction. Bids
will not be accepted without this deposit. Artvisory
also reserves the right to request any additional forms
of identification prior to registering an overseas bid.
This deposit can be made using a credit card,
however the balance of any purchase price in excess
of $5,000 can not be charged to this card without
prior arrangement.
This deposit is redeemable against any auction
purchase.
e) Absentee bids
Artvisory will use reasonable efforts to execute
written bids delivered to us AT LEAST 24 Hours
before the sale for the convenience of those clients
who are unable to attend the auction in person. If we
receive identical written bids on a particular lot, and
at the auction these are the highest bids on that lot,
then the lot will be sold to the person whose written
bid was received and accepted first. Execution of
written bids is a free service undertaken subject to
other commitments at the time of the sale and we do
not accept liability for failing to execute a written bid
or for errors or omissions which may arise. It is the
bidder’s responsibility to check with Artvisory after
the auction if they were successful. Unlimited or
“Buy” bids will not be accepted.
f) Telephone bids
Priority will be given to overseas and interstate
bidders. Please refer to the catalogue for the
Telephone Bids form. Arrangements for this service
must be confirmed AT LEAST 24 HOURS PRIOR
to the auction commencing. Artvisory accepts no
responsibility whatsoever for any errors or failure
to execute bids. In telephone bidding the buyer
agrees to be bound by all terms and conditions
listed here and accepts that Artvisory cannot be
held responsible for any miscommunications in the
process. The success of telephone bidding cannot be
guaranteed due to circumstances that are unforeseen.
Buyers should be aware of the risk and accept the
consequences should contact be unsuccessful at the
time of Auction. You must advise Artvisory of the lots
in question and you will be assumed to be a buyer at
the minimum price of 75% of estimate (ie. reserve) for
all such lots. Artvisory will advise Telephone Bidders
who have registered at least 24 hours before the
auction of any relevant changes to descriptions,
withdrawals or any other sale room notices.
G) Online Bidding
Artvisory offers an online bidding service via
Invaluable.com. When bidding online the buyer
agrees to be bound by all terms and conditions listed
here by Artvisory and agrees to pay any fees charged
in regard to any purchases made via Invaluable.com.
Artvisory accepts no responsibility for any
errors, failure to execute bids or any other
miscommunications regarding this process. It is the
online bidder’s responsibility to ensure the accuracy
of the relevant information regarding bids, lot
numbers and contact details.
H) Reserves
Unless otherwise indicated, all lots are offered
subject to a reserve, which is the confidential
minimum price below which the Lot will not be
sold. The reserve will not exceed the low estimate
printed in the catalogue. The auctioneer may open
the bidding on any Lot below the reserve by placing
a bid on behalf of the Seller. The auctioneer may
continue to bid on behalf of seller up to the amount
of the reserve, either by placing consecutive bids or
by placing bids in response to other bidders.
I) Auctioneers Discretion
The Auctioneer has the right at his absolute and sole
discretion to refuse any bid, to advance the bidding
in such a manner as he may decide, to withdraw or
divide any lot, to combine any two or more lots and,
in the case or error or dispute and whether during
or after the sale, to determine the successful bidder,
to continue the bidding, to cancel the sale or to
re-offer and resell the item in dispute. If any dispute
arises after the sale, then Artvisory’s sale record is
conclusive.
J) Successful bid and passing of risk
Subject to the auctioneer’s discretion, the highest
bidder accepted by the auctioneer will be the buyer
and the striking of his hammer marks the acceptance
of the highest bid and the conclusion of a contract
for sale between the Seller and the Buyer. Risk and
responsibility for the lot (including frames or glass
where relevant) passes immediately to the Buyer.
K) Indicative Bidding steps, etc.
Artvisory reserves the right to refuse any bid,
withdraw any lot from sale, to place a reserve on
any lot and to advance the bidding according to the
following, at the auctioneers discretion:
Increment Amount Dollar Range
$20 $0–$500
$50 $500–$1,000
$100 $1,000–$2,000
$200 $2,000–$5,000
$500 $5,000–$10,000
$1,000 $10,000–$20,000
$2,000 $20,000–$50,000
$5,000 $50,000–$100,000
$10,000 $100,000–$200,000
$20,000 $200,000–$500,000
$50,000 $500,000–$1,000,000
Absentee bids must follow these increments and any
bids that don’t follow the steps will be rounded up to
the nearest acceptable bid.
5. After the Sale
a) Buyers Premium
In addition to the hammer price, the buyer agrees to
pay to Artvisory the buyer's premium. The buyer’s
premium is 24% of the hammer price plus GST.
(Goods and Services Tax) where applicable.
b) Payment and passing of title
The buyer must pay to the company trust account
managed by KK Partners Pty Ltd Chartered
Accountants the full amount due (comprising the
hammer price, buyer's premium and any applicable
taxes and GST) not later than 3 days after the auction
date.
The buyer will not acquire title for the lot until
Artvisory receives full payment in cleared funds, and
no goods under any circumstances will be released
without confirmation of cleared funds received.
This applies even if the buyer wishes to send items
interstate or overseas.
Payment can be made by direct transfer, cash (not
exceeding $5,000AUD, if wishing to pay more than
$5,000AUD then this must be deposited directly
into the company trust account and bank receipt
supplied) and Eftpos (please check your daily limit).
Payments can also be made by credit card in person
with a 1.3% (inc GST) merchant fee for Visa and
Mastercard and 2% (inc GST) for American Express.
Credit card payments where the card-holder is not
present, can not be accepted unless a scanned
image of the card and signature is supplied (that
corresponds with the supplied signature on the
bidding or registration forms). Personal cheques are
only accepted with prior arrangement and funds
must be cleared before goods will be released. Bank
cheques are subject to three days clearance.
The buyer is responsible for any bank fees and
charges applicable for the transfer of funds into
Artvisory’s company trust account.
c) Collection of Purchases & Insurance
Artvisory is entitled to retain items sold until all
amounts due to us have been received in full in good
cleared funds. Subject to this, the Buyer shall collect
purchased lots within 3 days from the date of the
sale unless otherwise agreed in writing between
Artvisory and the Buyer.
At the fall of the hammer, insurance is the
responsibility of the purchaser.
d) Packing, Handling and shipping
Artvisory will be able to suggest local, national and
international carriers and takes no responsibility
whatsoever for the actions of any recommended
third party carrier. Artvisory can pack and handle
goods purchased at the auction by agreement,
however will take no responsibility for damage, a
charge may be made for this service. All packing,
shipping, insurance, postage & associated charges
will be borne by the purchaser.
e) Cultural heritage Export Licences
Unless otherwise agreed by us in writing, the fact
that the buyer wishes to apply for an export licence
does not affect his or her obligation to make full
payment immediately, nor our right to charge
interest or storage charges on late payment. It is the
Buyer’s responsibility to check Australia’s Protection
of Moveable Cultural Heritage Act 1986 before
purchase. If the Buyer requests Artvisory to apply
for an export licence then we shall be entitled to
charge a fee for this service. We shall not be obliged
to rescind a sale nor to refund any interest or other
expenses incurred by the Buyer where payment is
made by the Buyer in circumstances where an export
licence is not granted.
f) Remedies for non-payment
If the Buyer fails to make full payment immediately,
Artvisory 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)
i) to charge interest at such a rate as we shall
reasonably decide
ii) to hold the defaulting Buyer liable for the
total amount due and to commence legal
proceedings for it’s recovery along with interest,
legal fees and costs to the fullest extent
permitted under applicable law
iii) to cancel the sale
iv) to resell the property publicly or privately on
such terms as we see fit
v) to pay the Seller an amount up to the net
proceeds payable in respect of the amount bid
by the defaulting Buyer. In these circumstances
the defaulting Buyer can have no claim upon
Artvisory in the event that the item(s) are sold
for an amount greater than the original invoiced
amount.
vi) to set off against any amounts which Artvisory
may owe the Buyer in any other transactions, the
outstanding amount remaining unpaid by the
Buyer.
vii) where several amounts are owed by the Buyer to
us, in respect of different transactions, to apply
any amount paid to discharge any amount owed
in respect of any particular transaction, whether
or not the Buyer so directs.
viii) 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.
ix) to exercise all the rights and remedies of a
person holding security over any property in our
possession owned by the Buyer whether by way
of pledge, security interest or in any other way,
to the fullest extent permitted by the law of the
place where such property is located. The Buyer
will be deemed to have been granted such
security to us and we may retain such property
as collateral security for such Buyer’s obligations
to us.
x) to take such other action as Artvisory deem
necessary or appropriate
If we do sell the property under paragraph
(iv), then the defaulting Buyer shall be liable
for payment of any deficiency between the
total amount originally due to us and the price
obtained upon reselling as well as for all costs,
expenses, damages, legal fees and commissions
and premiums of whatever kinds associated with
both sales or otherwise arising from the default.
If we pay any amount to the Seller under
paragraph (v) the Buyer acknowledges that
Artvisory shall have all of the rights of the Seller,
however arising, to pursue the Buyer for such
amount.
g) Failure to collect purchases
Where purchases are not collected within 3 days
from the sale date, whether or not payment has
been made, we shall be permitted to remove the
property to a warehouse at the buyer’s expense, and
only release the items after payment in full has been
made of removal, storage handling, insurance and
any other costs incurred, together with payment of
all other amounts due to us.
6. Extent of Artvisory Liability
Artvisory agrees to refund the purchase price in the
circumstances of the Limited Warranty set out in
paragraph 7 below. Apart from that, neither the Seller nor
we, nor any of our employees or agents are responsible
for the correctness of any statement of whatever kind
concerning any lot, whether written or oral, nor for any
other errors or omissions in description or for any faults
or defects in any lots. Except as stated in paragraph 7
below, neither the Seller ourselves, our officers, agents or
employees give any representation warranty or guarantee
or assume any liability of any kind in respect of any lot
with regard to merchantability, fitness for a particular
purpose, description, size, quality, condition, attribution,
authenticity, rarity, importance, medium, provenance,
exhibition history, literature or historical relevance. Except
as required by local law any warranty of any kind is
excluded by this paragraph.
7. Limited Warranty
Subject to the terms and conditions of this paragraph,
the Seller warrants for the period of thirty days from
the date of the sale that any property described in this
catalogue (noting such description may be amended
by any saleroom notice or announcement) which is
stated without qualification to be the work of a named
author or authorship is authentic and not a forgery. The
term “Author” or “authorship” refers to the creator of the
property or to the period, culture, source, or origin as the
case may be, with which the creation of such property is
identified in the catalogue.
The warranty is subject to the following:
i) it does not apply where a) the catalogue description
or saleroom notice corresponded to the generally
accepted opinion of scholars and experts at the date
of the sale or fairly indicated that there was a conflict
of opinions, or b) correct identification of a lot can be
demonstrated only by means of a scientific process
not generally accepted for use until after publication
of the catalogue or a process which at the date of
the publication of the catalogue was unreasonably
expensive or impractical or likely to have caused
damage to the property.
ii) the benefits of the warranty are not assignable and
shall apply only to the original buyer of the lot as
shown on the invoice originally issued by Artvisory
when the lot was sold at Auction.
iii) the Original Buyer must have remained the owner of
the lot without disposing of any interest in it to any
third party
iv) The Buyer’s sole and exclusive remedy against the
Seller in place of any other remedy which might
be available, is the cancellation of the sale and the
refund of the original purchase price paid for the lot
less the buyers premium which is non refundable.
Neither the Seller nor Artvisory will be liable for
any special, incidental nor consequential damages
including, without limitation, loss of profits not for
interest.
v) The Buyer must give written notice of claim to us
within thirty days of the date of the Auction. The
Seller shall have the right, to require the Buyer to
obtain two written opinions by recognised experts
in the field, mutually acceptable to the Buyer and
Artvisory to decide whether or not to cancel the sale
under warranty.
vi) the Buyer must return the lot to Seller in the same
condition that it was purchased.
8. Severability
If any part of these Conditions of Sale is found by any
court to be invalid, illegal or unenforceable, that part
shall be discounted and the rest of the Conditions shall
continue to be valid to the fullest extent permitted by law.
9. Copyright
The copyright of all images, illustrations and written
material produced by Artvisory relating to a lot including
the contents of this catalogue, is and shall remain the
property at all times of Artvisory and shall not be used by
the Buyer, nor by anyone else without our prior written
consent. Artvisory and the Seller make no representation
or warranty that the Buyer of a property will acquire any
copyright or other reproduction rights in it.
10. Law and Jurisdiction
These terms and conditions and any matters concerned
with the foregoing fall within the exclusive jurisdiction of
the courts of the state in which the auction is held.
11. Pre-Sale Estimates
Artvisory publishes with each catalogue our opinion as to
the estimated price range for each lot. These estimates
are approximate prices only and are not intended to be
definitive. They are prepared well in advance of the sale
and may be subject to revision. Interested parties should
contact Artvisory prior to auction for updated pre-sale
estimates and starting prices.
12. Sale results
Artvisory will provide auction results, which will be
available as soon as possible after the sale. Results will
include buyer’s premium. These results will be posted at
www.artvisory.com.au.
13. Goods and Service Tax
In accordance with A New Tax System (Goods and
Services Tax) Act 1999 Artvisory Auctions will collect on
behalf of the Australian tax office (ATO) a Goods and
Service Tax (GST) of 10% on all applicable transactions.
GST is applicable on the hammer price in the case where
the seller is selling property that is owned by an entity
registered for GST. GST is also applicable on the hammer
price in the case where the seller is not an Australian
resident. These lots are denoted by a dagger symbol ?
placed next to the estimate.
GST is also applicable on the buyer’s premium.
Overseas buyers and buyers non-resident in Australia
will not be charged GST on both hammer price and
premiums under the following conditions:
1. The items are exported through a Artvisory approved
freight company including Australia Post
2. The items are exported within 60 days of the date of
the sale
The invoice supplied by Artvisory for purchases will be
regarded as a Tax invoice for GST purposes.
14. Resale Royalty Scheme
Under the legal obligations of the Resale Royalty Scheme
for Visual Artists Act 2009, sellers must provide the
following information to comply with the act:
? was the artwork acquired after 8 June 2010?
? is the sale/reserve price (including GST) $1,000 or
more?
? is the artist from Australia or a country listed in the
Regulations to the Act?
? is the artist alive, or deceased less than 70 years?
The seller:
i) acknowledges that he or she understands his or her
legal obligations under the Resale Royalty for Visual
Artists Act 2009 (the Act);
ii) undertakes to comply with all requirements of the
Act, including by providing its agent, the company,
with accurate information sufficient for compliance
with sections 28 and 29 of the Act;
iii) undertakes to indemnify the company for any loss
incurred by the company as a result of the vendor’s
failure to comply with any of the vendor’s legal
obligations under the Act; and
iv) acknowledges that if he or she fails to comply with
any of his or her legal obligations under the Act,
the company may provide the vendor’s name and
contact details to Copyright Agency Limited (CAL).
Lots subject to payment of the Resale Royalty Scheme
will be denoted by the §. The Australian Resale Royalty
is a flat rate of 5% on the hammer price (including GST).
The Australian Resale Royalty is payable by the buyer in
addition to the buyers premium plus any applicable GST.