TERMS & CONDITIONS OF SALE
DAVIDSON AUCTIONS PTY LTD - Live! Internet Bidding
Live Auction Timing
Items offered are part of a live auction held in our rooms. Items are offered in numerical order and are auctioned at a pace of approximately 80 an hour.
Absentee Bids
Absentee bids left on Invaluable Live Auctions are not the same as bids left directly with Davidson Auctions. Invaluable Live Auction absentee bids are executed by Invaluable Live as and when the lot is being auctioned; and Davidson Auctions is not privy to the extent of your bid. Consequently, occasionally the situation may arise that the auctioneer acknowledges a floor bidder's bid before your Invaluable bid of the same amount can be applied. In such cases the bid acknowledged by the auctioneer first will take precedence. The auctioneer's decision shall always be final.
Buyer Terms
All intending buyers must produce proofs of identity and address when demanded by the auctioneer. The auctioneer shall be judge of the sufficiency of such proofs. The buyer shall be deemed the principal unless Davidson Auctions has explicitly & formally agreed prior to the auction that he/she is acting as an agent at the auction. By participating in our auctions, the buyer agrees to abide by Davidson Auction's terms and conditions of sale.
A 22% buyers premium (GST inclusive where applicable) shall be payable on top of the hammer price of any and all winning bids. The buyers premium for Invaluable customers is 27% (GST inclusive where applicable).
All lots are sold on a GST inclusive basis where applicable.
Subject to any reserve price, the highest bidder shall be the buyer. The auctioneer reserves the right to not disclose the existence and/or amount of any such reserve. Further, the vendor shall have the right to bid by the auctioneer or by the vendor's agent.
The auctioneer reserves the right to accept or refuse any bid or bids without having to state any reasons therefore. Any bids accepted and relied upon by the auctioneer cannot be subsequently withdrawn by the bidder.
The auctioneer reserves the right to withdraw or re-offer any lot without giving any reason therefore. The auctioneer's decision shall be final.
The buyer shall be deemed to be the principal unless: (i), that person has disclosed upon registering that he or she is bidding on somebody else's behalf; and (ii), the auctioneer has agreed to and accepted proofs of such an arrangement.
Members of the public attend at their own risk. The auctioneer accepts no responsibility for any accident, loss or injury incurred before, during or after the sale.
Your bid is a contract.
Condition Reports
All lots are open for inspection prior to sale and are sold with all faults if any. Any condition statement is given as a courtesy to a client, is only an opinion and should not be treated as a statement of fact. Davidson Auctions shall have no responsibility for any error or omission.
Important note: the absence of a condition statement in the catalogue does not imply that the lot is in good condition.
No error or misdescription in the catalogue, any other document, or by Davidson Auctions' representatives shall invalidate the sale, and the buyer is bound to take delivery of the goods without allowance or reduction in price.
All goods are at the buyer's risk at the fall of the hammer. All due care shall be taken by the auctioneer and his employees but the auctioneer is not accountable for any damage or loss which may arise after the fall of the hammer.
Payment
All goods must be paid for within 3 working days of receiving an invoice.
All lots purchased by the buyer must be paid for before delivery is made of any one or more lots.
We accept cash, credit cards (entirely at our discretion, & generally only with sufficient proofs of identity & other bona fidaes supplied, Amex, Visa & Mastercard incur a 1% surcharge), EFTPOS, & direct bank deposit (wire transfer). Acceptance of personal and company cheques shall be entirely at the auctioneer's discretion, and by prior arrangement only. We reserve the right to withhold delivery of any lot or lots subject to clearance of moneys paid by the buyer.
Shipping
Davidson Auctions recommends & can liaise with Pack and Send, Balmain, re packing & shipping service for most items offered for sale. Whilst all reasonable care is taken by Davidson Auctions, all such packing, handling and shipping is at the sole risk of the purchaser. Davidson Auctions or Pack and Send may be able to arrange insurance on the cartage of some items.
The buyer shall pay in advance all packaging expenses including packing materials, labour, postage, and insurance fees if any. We reserve the right to refuse shipping of certain items.
All third party shipping arrangements and payment for shipping should be made directly with the buyer's shipper of choice. When using a third party to ship, the buyer must organise their own cartage and packing of the goods. No carrier may collect any goods prior to payment of the invoice in its entirety. The buyer is wholly responsible for any damage to property, or injury to persons incurred during the removal or handling of any lot or lots purchased, including any damage or injury caused by the buyer's agents or employees.
General
In the event of a forgery or fake being sold through our auction, that same item having been clearly represented by Davidson Auctions as the genuine article, & contingent upon sufficient proofs to the effect that the item is unarguably a fake or forgery being provided to Davidson Auctions and those proofs being acceptable to Davidson Auctions, the purchase price including buyers premium shall be refunded in full to the buyer. However, if the vendor has in due course been paid by Davidson Auctions (generally, we pay 14 days after the completion of an auction), the buyer agrees that Davidson Auctions shall not be liable to make good any loss, monetary or otherwise, that he/she has incurred and shall look to the vendor to make good any losses or expenses that they may have incurred.
It as agreed that the buyer indemnifies the auctioneer against any claim or legal action arising out of any acts of negligence, omissions or misdescription by the auctioneer or his agents.
No error or misdescription shall invalidate the sale, and the buyer is bound to take delivery of the goods without allowance or reduction in price.
Important note for buyers re items containing ivory: international trade in ivory, or items containing ivory components, is restricted by the CITES convention, and requires permissions from the relevant authorities in both Australia (in this instance) and in the country of destination. Sole responsibility for acquiring CITES paperwork & permissions resides with the buyer. Davidson Auctions offers no guarantee that such export permissions will be granted by the relevant authorities, nor will it seek such permissions on behalf of the buyer.
In the event of non-compliance with any of the above terms and conditions any moneys paid by the buyer shall be forfeit; and the goods may be resold through auction or by any other means without notification to, and at the expense of, the former buyer. The former buyer shall be liable to make good any loss or deficiency that may arise on such resale, including advertising and storage costs if applicable. Our storage fees are $10 AUD per item per day, regardless of size and nature of the item in question.
In these conditions, the word auctioneer means Davidson Auctions Pty Ltd; and where the context so permits, includes the person conducting the auction on behalf of Davidson Auctions Pty Ltd.
CONDITION REPORTS
All lots are open for inspection prior to sale and are sold with all faults if any. Any condition statement is given as a courtesy to a client, is only an opinion and should not be treated as a statement of fact. Davidson Auctions shall have no responsibility for any error or omission. The absence of a condition statement in our catalogues or any other document, statement or representation does not imply that the lot is in good condition. No error or misdescription shall invalidate the sale, and the buyer is bound to take delivery of the goods without allowance or reduction in price.
All goods are at the buyer's risk at the fall of the hammer. All due care shall be taken by the auctioneer and his employees but the auctioneer is not accountable for any damage or loss which may arise after the fall of the hammer.
Important note: the absence of a condition statement in the catalogue does not imply that the lot is in good condition.
PAYMENT
All goods must be paid for within 3 working days of receiving an invoice.
All lots purchased by the buyer must be paid for before delivery is made of any one or more lots.
We accept cash, selected major credit cards (entirely at our discretion & with proofs of identity and other bona fidaes having been presented by the purchaser) (NB. AMEX, Visa & Mastercard 1% surcharge), EFTPOS, & direct bank deposit (wire transfer). We reserve the right to withhold delivery of any lot or lots subject to clearance of moneys paid by the buyer.
Important note: if paying by credit card remotely, we will require proof of possession of the card being used, not simply the numbers
SHIPPING
Davidson Auctions recommends Pack and Send, Balmain, as its preferred shipper. Whilst all reasonable care will be taken, such packing, handling and shipping is at the sole risk of the purchaser. Davidson Auctions shall not have liability for any loss or damage to such items. The buyer shall pay in advance all packaging expenses including packing materials, labour, postage, and insurance costs if available. We reserve the right to refuse shipping of certain items.
All third party shipping arrangements and payment for shipping should be made directly with the buyer's shipper of choice. When using a third party to ship, the buyer must organise their own cartage and packing of the goods. No carrier may collect any goods prior to payment of the invoice in its entirety. The buyer is wholly responsible for any damage to property, or injury to persons incurred during the removal or handling of any lot or lots purchased, including any damage or injury caused by the buyer's agents or employees.
Important note for buyers: international trade in ivory, or items containing ivory components, is restricted by the CITES convention, and requires permissions from the relevant authorities in both Australia (in this instance) and in the country of destination. Sole responsibility for acquiring CITES paperwork & permissions resides with the buyer. Davidson Auctions offers no guarantee that such export permissions will be granted by the relevant authorities, nor will it seek such permissions on behalf of the buyer.
