Terms and Conditions
IMPORTANT INFORMATION FOR BUYERS AND SELLERS If you are new to Shapiro Auctioneers please read the following pages and our standard Conditions of Business. It must be read together with the Conditions of Business, which takes precedence in the event of an inconsistency. We will be happy to give assistance on any aspects about which you may be unclear.
Tel: (612) 9326 1588.
Specialists in charge of a sale can be consulted at any time, either in person or by telephone, to give advice on specific lots. See the title page for details of whom to contact.
PROVENANCE
In certain circumstances, Shapiro Auctioneers may print in the catalogue the history of ownership of a work of art if such information contributes to scholarship or is otherwise well known and assists in distinguishing the work of art. However, the identity of the seller or previous owners may not be disclosed for a variety of reasons. For example, such information may be excluded to accommodate a Seller's request for confidentiality or because the identity of prior owners is unknown given the age of the work of art.
PRE-SALE ESTIMATES
The estimated selling price of each lot is printed beside the lot description and does not include the Buyer's Premium (or GST, when this is payable on the hammer price, as indicated by the symbol <, see GST). The estimates are prepared well in advance of the sale, are not definitive, and are subject to revision.
The pre-sale estimates are intended as a guide for prospective buyers.
Any bid between the listed figures would, in our opinion, offer a reasonable chance of success. However, all lots, depending on the degree of competition, can realise prices either above or below the listed estimates.
It is always advisable to consult Shapiro Auctioneers nearer the time of sale as estimates can be subject to revision.
BUYER'S PREMIUM
A Buyer's Premium on each lot at a rate of Twenty Two percent (22%) payable on the hammer price of each lot.
Online Bidders
A Buyer's Premium on each lot at a rate of Twenty Five percent (25%) payable on the hammer price of each lot.
CONDITION OF LOTS
The Buyer's attention is specifically drawn to Clauses 4 and 5 of the Conditions of Business and should particularly note that all lots are sold 'as is'. Shapiro Auctioneers makes no representation as to the condition of any lot sold and intending buyers should always satisfy themselves as to the condition of any lot prior to purchase.
DAMAGE AND RESTORATION
For your guidance, in this catalogue our senior specialists have indicated all defects, imperfections and restoration which they felt to be significant. This description is not intended to be definitive, and in no way guarantees that there are no other defects, imperfections or restoration present which have not been mentioned.
CONDITION REPORTS
Prospective buyers are encouraged to inspect property at presale viewings. If unable to personally inspect property, solely as a convenience, Shapiro Auctioneers may provide condition reports which are merely statements of opinion and not of fact.
Shapiro Auctioneers staff are available during pre-auction viewing times and by appointment to advise prospective buyers on particular items or on any aspect of the auction procedure, but the 'as is'
provision prevails.
To assist intending purchasers who are unable to view the sale, Shapiro Auctioneers is happy to fax a detailed condition report listing any significant faults, such as severe wear or discolouration.
Condition reports are prepared by our senior specialists and at busy periods there may be a delay of a few days in complying with such requests. These reports are for guidance only and are given without prejudice to our Standard Conditions of Business . Please note verbal requests will not be granted within 24 hours of the sale, or later than the end of the working day prior to a sale, as written confirmation of such reports must be received by clients prior to the sale.
No condition reports will be provided on lots estimated less than $500 or on group lots.
GST - INFORMATION FOR BUYERS AND SELLERS.
This information is not intended to be definitive or complete and if you have any queries with regard to the applicability or effect of GST you should obtain your own independent legal and/or accounting advice.
GST is a tax on Goods and Services. In all cases the GST legislation takes precedence and the GST rate which applies is that in effect on the day liability for GST arises in connection with the relevant transaction.
Shapiro Auctioneers has to account for GST on the cost of goods and services provided by it. Accordingly GST is added by Shapiro Auctioneers to its Buyer's Premium and Seller's Commission.
In addition GST will also be payable in respect of insurance, storage and other services supplied by Shapiro Auctioneers or its nominated suppliers.
Additionally GST may also be payable in respect of some goods auctioned by Shapiro Auctioneers.
Whether or not those goods attract GST will be indicated in the sale catalogue by a < symbol.
If an item has the < symbol alongside it in the catalogue then GST is to be added to the Hammer Price because the Hammer Price does not include GST. The buyer will have to pay the Hammer Price as well as a further amount so that we will receive an amount (the GST inclusive
amount) which after subtracting the relevant amount of GST payable will leave as the resulting amount an amount which is the same as the Hammer Price.
Where there is no GST symbol GST will not be added to the Hammer Price for the item sold (note the Buyer's Premium plus the GST on the Buyer's Premium is to be added to the Hammer Price).
Exported goods will be GST free when the goods are exported before or within 60 days of the date any payment is made for the goods or if earlier the date on which an invoice for the goods is provided.
Overseas Buyers: Full amount including GST should be paid. However, if proof of export within 60 days is provided to Shapiro Auctioneers by way of an export certificate, Shapiro Auctioneers will then arrange for a GST refund.
If the export is not made before the end of the 60 days period the GST free status of those goods will be lost unless the commissioner of taxation allows further time.
The exported goods will not be GST free if they are reimported into Australia.
CAPITAL GAINS TAX
In accordance with Australian capital gains tax legislation, valuation and date of purchase of property has now become extremely important.
All assets which have been purchased prior to 20th September 1985, are generally not subject to capital gains tax if sold by the individual who originally purchased it. However, in the event of death the property may be passed on to the beneficiary. The beneficiary is deemed to acquire the asset at its market value at the date of the death and will be subject to capital gains tax on subsequent disposal.
Hence valuation of property is extremely important to ensure capital gains tax liability is minimised.
In some circumstances corporations owning property upon reorganisation will also trigger capital gains tax liabilities.
ELECTRICAL GOODS
It is essential that lots which were originally operated by mains electricity be checked by the buyer prior to use. They may not comply with the current statutory requirements and as such are offered for sale solely for display or historical purposes and may or may not be suitable for connection to the mains electricity supply.
TRADE EMBARGOES
Trade embargoes are currently imposed by the United Nations against Iraq, Serbia and Montenegro. For assistance and further details please contact Client Services prior to bidding.
EXPORT
The export of any lot from Australia or import into any other country may be subject to one or more export or import licences, as the case may be. It is the Buyer's responsibility to obtain any relevant export or import licences.
If requested, Shapiro Auctioneers will assist in obtaining required permits with any and all associated costs payable by the Buyer. Lots purchased shall be paid for in accordance with the Conditions of Business and the denial of any export or import licences or any delay in the obtaining of such licences shall not justify the rescission or cancellation of any sale or any delay in making payment of the total amount due under the Conditions of Business for the lot.
ENDANGERED SPECIES
Items made of or incorporating animal material such as ivory, whale bone, tortoiseshell, skins etc., irrespective of age or value, may require a specific licence prior to transportation interstate or overseas. Shapiro Auctioneers suggests that prior to the auction, prospective buyers check with their local government department regarding the importation and exportation of such items.
CULTURAL HERITAGE ITEMS
It shall be the responsibility of the buyer of a lot to obtain any permit required under the Protection of the Movable Cultural Heritage Act 1986, the Wildlife Protection (Regulations of Exports and Imports) Act 1982 and any other legislation (all as amended) which may restrict or prohibit the export of a lot outside a State or the Commonwealth of Australia.
BIDDING
ABSENTEE BIDS
If instructed, Shapiro Auctioneers will execute bids for an intending buyer. This service is free.
Absentee bids, when placed by telephone, are accepted only at the sender's risk and should be confirmed before the sale by letter or facsimile. We urge you most strongly to send bids so that they are received at least twenty-four (24) hours before commencement of the auction.
Lots will always be bought as cheaply as is allowed by other bids and the reserves on Shapiro Auctioneers' books. In the event of identical bids, the first bid received will take precedence. Always indicate a top limit - the amount to which you would bid if you were attending the auction yourself. 'Buy' or unlimited bids will not be accepted. We will not advise any such bidder of the existence of a higher bid.
TELEPHONE BIDS
If you wish to bid on a lot by telephone during the auction, complete the absentee bid form giving lot number and description, your name, address and telephone number where you can be contacted during the sale. Send it to one of Shapiro Auctioneers' offices. Just prior to the lot, a Shapiro Auctioneers representative will telephone you and bid on your behalf in the room, if they are able to connect with you on the phone.
Technical faults can interfere with telephone bidding. Shapiro Auctioneers is happy to execute bids by telephone, but stress that it is not a secure manner by which to bid and therefore, Shapiro Auctioneers cannot be held responsible for any telephone failure or missed bids.
ABSENTEE BID FORMS
For absentee bids please use the absentee bid form provided at the back of catalogues as available from Shapiro Auctioneers' offices.
Always quote the auction title, code and date and check lot numbers and descriptions. Each absentee bid form should contain bids for one auction only. Alternative bids can be placed by using the word 'OR'
between lot numbers.
A bid by these methods is accepted at the sender's risk. Telephone bids must be confirmed in writing.
For Sydney:
Tel: (612) 9326 1588. Fax: (612) 9326 1305.
By Post: 162 Queen Street, Woollahra NSW 2025 Australia
PADDLE BIDDING
To assist the progress of the sale, all intending buyers must register and collect a bidding paddle/card before the commencement of the sale.
All intending buyers should bring with them some means of identification.
The numbered paddle/card must be used to indicate your bids to the auctioneer during the sale. Should you be the successful buyer of any lot, please ensure that your bidding paddle/card can be seen by the auctioneer and that it is your number which is called out. Should there be any doubts as to price or buyer, please draw the auctioneer's attention to it immediately.
All lots sold will be invoiced to the name and address given against the issue of the numbered bidding paddles/cards and cannot be transferred to other names and addresses. Please do not mislay your paddle/card; in the event of loss, inform staff at the registration desk. This system does not apply to absentee bidders - i.e. bidders who have left bids with the auctioneer prior to the sale.
CONSECUTIVE AND SUCCESSIVE BIDDING
The auctioneer may open the bidding on any lot by placing a bid on behalf of the seller. The auctioneer may further bid on behalf of the seller, up to the amount of the reserve, by placing responsive or consecutive bids for a lot.
SUCCESSFUL BIDS
Successful bidders receive an invoice detailing purchases, which may be collected from the sale venue or Shapiro Auctioneers' office following the auction (please contact Shapiro Auctioneers' offices to confirm collection point). Successful commission bidders are advised as soon as possible after the sale and given instructions regarding payment and collection of purchases.
BIDDING INCREMENTS GUIDELINES
The following bidding intervals are generally used subject to the auctioneer's full discretion. Postal and commission bids that do not conform with these intervals may be lowered to the next bidding
interval:
$A 500-1 000 by $A 50
$A1 000-2 000 by $A 100
$A 2 000-5 000 by $A 200
$A 5 000-10 000 by $A 500
$A 10 000-20 000 by $A 1 000
$A 20 000-50 000 by $A 2 000
$A 50 000 onwards at auctioneer's discretion.
CHALLENGES TO BIDDING INCREMENTS
Challenges are occasionally made to the bidding increment suggested by the auctioneer. For example, if the auctioneer calls for a bid of $A 3 200, the maximum that a bidder may wish to bids $A 3 100. The auctioneer may accept or decline any challenge to the bidding increment as he/she, in their sole discretion, shall determine.
However, the general rule is that, to maintain the pace of the sale, the auctioneer will accept a single challenge from one bidder.
Thereafter, for that lot, the bidder who challenged the increment will not have his bid recognized. Any bidder, at any time, may call out a bid exceeding the sum asked for by the auctioneer, and continue to bid thereafter.
GST is also payable on the hammer price of any lot indicated in the catalogue or saleroom notices with a †, or any lot as announced by the auctioneer on sale nights.
PAYMENT OPTIONS
Cash, or Bank Draft in Australian currency payable to Shapiro Auctioneers.
Direct Deposit or International Bank Transfer (EFT, TT):
ACCOUNT NAME: SHAPIRO AUCTIONEERS
WESTPAC BANK: 345 Oxford Street, Paddington, NSW, 2021
BRANCH: 032 040
ACCOUNT:208996
SWIFT CODE: WPACAU2S (international use only)
Note: Please fax through deposit slip or transfer documentation after completion as the bank will not notify us of the payment.
Credit Card (Amex, Visa and Mastercard), Please note, this service is subject to a 2% surcharge on the invoice total (plus GST).
or Eftpos.
COLLECTIONS
Items will NOT be available for collection during the auction.
Deliveries will be available afterwards, time permitting.
If you have not collected, or notified us of your collection arrangements by this time, access thereafter will be limited, and will be arranged by appointment only.
Collections and deliveries are to be arranged by the purchaser.
Recommended carriers are
noted below but purchasers are free to make arrangements with their preferred carriers.
Please confirm all 3rd party collection arrangements to departmental staff on 9326 1588.
RECOMMENDED CARRIERS
INTERNATIONAL SHIPPING
International Art Services www.iasdas.com.au tel +612 9667 1077 Matzen Cargo www.matzencargo.com tel +612 9316 4482 Pack & Send email bondijunction@packsend.com.au
FURNITURE - LOCAL
Local A&A Smart Move Removals, 0402 404 616, 9665 3582 Local Michael Montgomery, MTM Movers 0412 258 458 Local Hardwick Removals, 0414 362 163 Syd-Blue Mtns Milestone Movers, Stephen Weiley, 1300 788 810
SMALLER CARRIERS
Local A&A Smart Move Removals, 0402 404 616, 9665 3582 Local Peter Firmager, Get Moving, 0411 046 796 Local Chris Gane, Chequers, 0411 110 351 Local Grant, East Sydney Taxi Trucks, 0417 242 908 Local Roger Saliba, Double Removals, 0419 418 777
FURNITURE - INTERSTATE
Melb Geoff Yates, High Country Removals, 0418 347 628 Brisb/Melb Milestone Movers, Stephen Weiley, 1300 788 810 WA Eric Bilston Removals, 08 9353 6100 QLD Caloundra Removals, 07 5493 8811 SA Aarons Removals, 08 8268 9945
PAINTINGS
Local and all States Artwook Transport 9695 1471 Local and all states International Art Services, 9667 1077 Local, Melb, SA Woollahra Art Removals, 9669 2688 Local TED Fine Art, 9666 5225 Local Burchall Art Transport, 9417 5119
SMALLER CARRIERS
Local SmArtshift, 0412 734 349
Local A&A Smart Move Removals, 0402 404 616, 9665 3582
BUYER'S PREMIUM
Please note you are required to pay for and collect lots by the end of the week following the sale. Failure to pay swiftly will mean we may re-offer the unpaid for lot in the next weeks sale and prevent you from bidding at Chiswick Auctions again.
Important Information
Important Notice to All Buyers
Some lots will require export or cities licences in order to leave the UK or the European Union. It is the buyer's responsibility to ensure that lots have the relevant licences before shipping them. Please contact the department for assistance.
Please also note that some countries such as the United States and Canada restrict or prohibit the purchase and import of objects of Iranian or Persian origin. It is the bidder's responsibility to satisfy themselves that the lot being purchased may be imported in the country of destination.
Lots purchased online with Invaluable & AuctionZip will attract an additional charge for this service in the sum of 3% of the hammer price plus VAT at the rate imposed
Buyers Premium: We charge 20% buyers premium + VAT. There is a minimum premium of £2.00.
Shipping: For your convenience we offer a Package and Postage service - Contact harry@chiswickauctions.co.uk for your P&P quotes
Terms and Conditions
1. Agent for the Seller: Unless otherwise agreed, Chiswick Auctions Ltd acts as agent for the seller. The contract for sale of the property is therefore made between the seller and the buyer.
2. Inspection: Prior to auction, prospective purchasers are very strongly advised to examine personally any property in which they are interested to satisfy themselves in relation to matters which may concern them.
3. Descriptions: Any representation in any catalogue or otherwise as to the origin, date, age, attribution, genuineness or estimated selling price of any lot is a statement of opinion only. Such statements do not constitute a representation, warranty or assumption of liability by Chiswick auctions in relation to the lot. Any prospective buyer should satisfy themselves prior to the sale as to the reliability of the catalogue description.
4. Condition: Buyers are responsible for satisfying themselves concerning the condition of the property. All Lots are sold as seen.
5. Contract of sale: The buyer shall be the bidder at the highest price at the fall of the hammer.
6. Dispute resolution: Any dispute shall be settled at the auctioneer's absolute discretion. Under no circumstances will a sale be cancelled after the fall of the hammer, except at the auctioneer's entire discretion.
7. Bidder as principal: A bidder is accepting personal liability to pay the purchase price including the buyer's premium and all applicable taxes and charges unless: Chiswick Auctions Ltd has explicitly agreed in writing with the bidder before the commencement of the sale that (A) the bidder is acting as agent on behalf of a third party acceptable to Chiswick Auctions Ltd and (B) Chiswick Auctions Ltd has further agreed that they will look only to that third party for payment.
8. Premium: The buyer shall pay Chiswick Auctions Ltd a premium on the hammer price of 20% plus VAT on that commission.
9. Reserve: Many Lots are offered subject to a reserve, which is the confidential minimum sale price. The reserve will never exceed the low estimate printed in the catalogue. Chiswick Auctions Ltd may open the bidding on any lot below the reserve by placing a bid on behalf of the seller, and may in their discretion continue to bid on behalf of the seller up to the reserve price, by bidding in response to other bidders or alternatively by placing consecutive bids.
10. Responsibility: Purchased lots shall be at the buyer's risk in all respects from the fall of the hammer, and neither Chiswick Auctions Ltd nor their agents shall be responsible for any loss or damage of any kind, whether caused by negligence or otherwise.
11. Payment: All purchased lots must be paid for on the day of the auction. Written bids ('Commission bids') must be paid for the day after the auction. Payment must be in cash, debit, credit card or bank transfer. We do not accept cheques. Credit cards are subject to a 3% surcharge. Title will not pass to the buyer until Chiswick Auctions Ltd has received all amounts due to them in cleared funds even if the Lot has been released to the buyer.
12. Attendance at auction: Chiswick Auctions Ltd has the right in their absolute discretion to refuse participation in any auction, to reject any bid, and to refuse admission to the premises.
13. Collection: Purchased Lots can be collected from the auction room after the sale has ended or between 10am and 6pm on the day after the sale. Purchased lots not collected before 6pm on the day after the sale shall incur storage charges of £5.00 per lot, per day or part thereof. Chiswick Auctions Ltd shall be entitled to retain purchased Lots sold until all sums due have been paid to Chiswick Auctions Ltd. If any purchased lot remains uncollected 21 days after the sale storage charges shall thereafter be £10 per day and Chiswick Auctions Ltd shall have the right to sell the purchased Lot to recover payment of storage charges outstanding. Any balance proceeds of sale received after payment of all sums outstanding and due to Chiswick Auctions Ltd shall be held for the account of the purchaser.
14. Packing: Chiswick Auctions Ltd will use reasonable efforts to take care when handling packing and shipping lots purchased, but are not responsible for the errors or omissions of third parties who may be retained for these purposes.
15. Electrical Items: All electrical items are sold as seen and Chiswick Auctions Ltd offers no guarantee as to the working condition of such items or their safety.
16. Absentee Bids
• Commission Bids: Chiswick Auctions Ltd will use reasonable efforts to carry out Commission bids received by them prior to the sale for the convenience of clients who are not present at the auction in person .Execution of Commission bids is a free service provided to help clients and Chiswick Auctions Ltd does not accept liability for any failure to execute a Commission bid or for errors and omissions in connection with it. Commission bids shall be executed at the lowest possible price, subject to competing bids and reserves. Although Chiswick Auctions Ltd will endeavour to inform buyers it is the buyer who is responsible for checking to see if he has been successful in purchasing something.
• Telephone Bids: Chiswick Auctions Ltd will use reasonable efforts to contact prospective buyers who make arrangements prior to commencement of the sale to bid by telephone, but Chiswick Auctions Ltd does not accept liability for any failure or error or omission arising in connection with telephone bidding.
17. Proof of Identity: Bidders not previously known to Chiswick Auctions Ltd, will be required to provide:
• Proof of identity in the form of a passport or photocard driving licence (no other forms of ID are acceptable) and proof of address will be required. For proof of address, only official documents showing name and address will be accepted.
• Both landline and mobile telephone numbers must be provided.
18. Remedies for non-payment: If the buyer fails to make payment in full in cleared funds within the time required by clause 11 above, Chiswick Auctions Ltd shall be entitled to exercise any one or more of the following rights or remedies additional to such other rights or remedies available:
• to charge interest at 4% per annum above the base rate of Lloyds bank plc;
• to commence legal proceedings for the recovery of the total amount due together with interest, legal fees and costs;
• to cancel the sale;
• to resell the property on such terms by auction or otherwise entirely as Chiswick Auctions Ltd may shall think fit, the buyer to be liable for all costs including legal fees incurred in the sale and to remain liable for any shortfall arising upon sale;
• to set off against any sums which Chiswick Auctions Ltd may owe the buyer the outstanding sums unpaid by the buyer;
• where the buyer owes sums to Chiswick Auctions Ltd in respect of different transactions, to apply any sum paid by the buyer entirely at the discretion of Chiswick auctions Ltd to discharge any sums owed;
• to refuse entry to the buyer at any future auction and/or reject any future bids by the buyer and/or seek a deposit from the buyer entirely in the discretion of Chiswick Auctions Ltd;
• to retain all property owned by the buyer in the possession of Chiswick Auctions Ltd as collateral for outstanding sums owed and to exercise all the rights and remedies of a person holding security over any such property , whether by way of pledge, security interest or in any other way, to the extent permitted by law;
• to take such other action as is permissible by law and in the discretion of Chiswick Auctions Ltd.
19. Copyright: Chiswick Auctions Ltd shall own the copyright in all images, illustrations and written material produced by or for Chiswick Auctions Ltd relating to a lot including catalogue contents and such copyright shall remain at all times the property of Chiswick Auctions Ltd .Neither the buyer not anyone else shall use the same without the prior written consent of Chiswick Auctions Ltd.
20. Resale Right Regulations: If the Artist's Resale Right Regulations 2006 apply to the Lot, the buyer agrees to pay Chiswick Auctions Ltd an amount equal to the resale royalty provided for in those regulations and Chiswick Auctions Ltd undertakes to the buyer to pay such amount to the artist's collection agent.
21. Severability: Whenever and to the extent that any provisions of these terms would or might contravene the provisions of any relevant legislation such provision is to take effect only in so far as it may do so without contravening such legislation and the legality, validity and enforceability of any of the remaining provisions are not in any way to be affected or impaired as a result.
22. Law and Jurisdiction
• The rights and obligations of the parties with respect to these Conditions of Sale and the conduct of the auction and any matters related to any of the foregoing shall be governed by and interpreted in accordance with English law. For the benefit of Chiswick Auctions Ltd, all bidders and sellers agree that the Courts of England are to have exclusive jurisdiction to settle all disputes arising in connection with all aspects of all matters or transactions to which these Conditions of Sale and Authorship Warranty relate or apply. All parties agree that Chiswick Auctions Ltd shall retain the right to bring proceedings in any court other than the Courts of England.
*All purchased Lots must be paid for on the day of the sale (except for commission bids which must be paid for on the day after sale) and all purchased Lots must be collected no later than 6pm on the day following sale
**Storage charges become applicable from the 2nd day following the sale
RECOMMENDED CARRIERS
INTERNATIONAL SHIPPING
International Art Services www.iasdas.com.au tel +612 9667 1077 Matzen Cargo www.matzencargo.com tel +612 9316 4482 Pack & Send email bondijunction@packsend.com.au
FURNITURE - LOCAL
Local A&A Smart Move Removals, 0402 404 616, 9665 3582 Local Michael Montgomery, MTM Movers 0412 258 458 Local Hardwick Removals, 0414 362 163 Syd-Blue Mtns Milestone Movers, Stephen Weiley, 1300 788 810
SMALLER CARRIERS
Local A&A Smart Move Removals, 0402 404 616, 9665 3582 Local Peter Firmager, Get Moving, 0411 046 796 Local Chris Gane, Chequers, 0411 110 351 Local Grant, East Sydney Taxi Trucks, 0417 242 908 Local Roger Saliba, Double Removals, 0419 418 777
FURNITURE - INTERSTATE
Melb Geoff Yates, High Country Removals, 0418 347 628 Brisb/Melb Milestone Movers, Stephen Weiley, 1300 788 810 WA Eric Bilston Removals, 08 9353 6100 QLD Caloundra Removals, 07 5493 8811 SA Aarons Removals, 08 8268 9945
PAINTINGS
Local and all States Artwork Transport 9695 1471
Local and all states International Art Services, 9667 1077
Local, Melb, SA Woollahra Art Removals, 9669 2688
SMALLER CARRIERS
Local SmArtshift, 0412 734 349
Local A&A Smart Move Removals, 0412 493 447
