Lot 96: Harold, the magpie on short rope (bronze magpie black sculpture) by Gillie and Marc

On top of the buyer's premium of 20%, a further 5% on hammer price is payable to Invaluable.

These Terms and Conditions govern all auction sales conducted by Gillie and Marc Limited ABN 44 119 588 886 ("GM" or "auctioneer").

1. Registration - Any prospective purchaser bidder at an auction conducted by GM must register with the auctioneer if they plan to bid at any auction. They must duly complete and sign a "Bidder Registration Form" and receive a Bidding Card in order to participate in any auction.

2. Agency - The party named on the Bidding Card shall be taken to be the purchaser in its own right and shall not be taken to be acting on behalf of any other person or entity unless, prior to the commencement of the auction, the auctioneer is provided with written evidence that the party is acting for and on behalf of a principal and shall supply the full name and address of the principal. Such evidence shall include a written authority from the principal on terms acceptable to the auctioneer authorising the said person to bid on its behalf.

3. Inspection of Lots - All Lots are open for inspection prior to sale at the times and places as advertised by the auctioneer. Prospective purchasers are encouraged to examine Lots thoroughly and it is the sole responsibility to inspect such Lots prior to the commencement of the auction. On the fall of the hammer the purchaser shall be taken to have carried out all reasonable investigations and enquiries in relation to the Lot purchased. Without limitation this shall include a thorough review of any Lot description in any auction catalogue printed by the auctioneer for the purposes of the subject auction as well as a physical inspection of the state of repair and condition of the Lot purchased. Each Lot shall be purchased on an "as is" basis, in its state of repair and condition as at the time of the fall of the hammer. Neither the auctioneer nor the owner of the Lot makes any express or implied warranty as to the condition of any Lot offered for sale, and no statement made by or on behalf of the auctioneer at any time either before or during the auction (whether oral or written) shall be taken to constitute such a warranty or representation. To the maximum extent permitted by law, neither the auctioneer nor the owner of the Lot shall be responsible for any defects or faults in respect of any Lot.

4. Conduct of the auction - The auctioneer retains the absolute discretion to control the auction process at all times. Without limitation the auctioneer may:

(a) refuse any bids;

(b) change the order of sale of the Lots;

(c) advance the bidding at his absolute discretion;

(d) place a reserve at any Lot;

(e) bid on behalf of any prospective purchaser with or without disclosure;

(f) place a bid or bids on behalf on the owner;

(g) withdraw any Lot from the sale;

(h) offer a Lot for re-sale in the event of any dispute;

(h) require a successful purchaser to pay forthwith the whole or part of any purchase price;

(i) refuse any person or persons admission to or eject them from the auction site;

(j) forbid any party from photographing any of the Lots or recording an auction; and/or

(k) take bids from absentee bidders participating by telephone bid or by written bid left with the auctioneer.

In the event of any dispute as to the bidding in respect of any Lot, the auctioneer shall have absolute discretion to settle the dispute as sole arbitrator and his decision shall be final and binding.

5. The purchaser shall be the highest bidder - The highest bidder shall on the fall of the hammer for a particular Lot be taken to be the successful purchaser and will be taken to have entered into a binding contract (subject to the conditions set out below) with the auctioneer as owner of the Lot in its own right or with the auctioneer as the duly appointed agent of the owner (as the case may be).

6. Buyer's Premium and GST - All bids are taken to be inclusive of GST payable. Gillie and Marc will provide the purchaser with a valid Tax invoice with GST assessable on the sale. Any overseas buyer eligible for exemption from GST must provide satisfactory proof to Gillie and Marc that the property has or will leave the country as an export within 60 days of purchase. The successful purchaser in addition to payment of the amount of the successful bid will also be responsible for payment of a buyer's premium equivalent to 20% (inclusive of GST) of the amount of the successful bid for the Lot. Any purchase on a sale item through Invaluable internet bidding is subject to a 25% buyers premium on the successful bid of any lot. Such a buyer's premium shall be payable at the same time and in the same manner as the hammer price is paid for the Lot.

7. Passing of risk and retention of title - As from the fall of the hammer all risks in relation to the Lot passes to the successful purchaser notwithstanding that the title to the Lot sold remains with the owner until such time as payment for the Lot has been made in full. The auctioneer does not provide insurance cover for purchasers. Purchasers should arrange their own "all risks" insurance cover with effect immediately after the auction.

8. Method of Payment - Payment is to be made within 48 hours after the auction . Payment is to be made by cash, Visa, MasterCard or bank transfer. A 1.5% surcharge is applicable for payments by Visa or MasterCard. Other forms of identification may be required at the discretion of the auctioneer. If payment is made by electronic funds transfer the auctioneer has the discretion to hold the merchandise until the cheque is cleared or the receipt of funds has been verified.

9. Refunds and exchanges - To the maximum extent permitted by law, all sales are final and no refunds or exchanges will be given under any circumstances. Notwithstanding if after the fall of the hammer, and within the period of 5 years after the date of the auction, the auctioneer shall receive from the successful purchaser notice in writing accompanied by the written opinion of a competent expert or authority that the Lot purchased is not as described in the auctioneer's catalogue or as represented by the auctioneer will within 14 days of receipt of such notification refund to the successful purchaser the full purchase price paid subject to the return of the Lot purchased in the same condition and state of repair at the time of the fall of the hammer and subject further to the auctioneer being satisfied as to the validity of the claim.


10. Carriers - The auctioneer may identify third party carriers to assist purchasers with packaging and transportation of Lots purchased but accepts no liability or responsibility for the acts or omissions of such carriers.

11. Governing Law - These terms and conditions shall be governed by the law of the Australian State or Territory in which the subject auction is taking place and by participating in the relevant auction the purchaser shall be taken to have consented to the exclusive jurisdiction of such courts.

12. Definitions - In this agreement:

(a) "Fall of the hammer" means such time as a purchaser has bid for a particular Lot and the auctioneer has acknowledged that purchaser as being the successful purchaser at which time a binding contract subject to these terms and conditions have been entered into.

(b) "Auctioneers" means GM or its duly appointed employees, servants and agents.

(c) "Lot" means any Lot or Lots for sale either individually or as a group at the auctioneer's sole discretion.

VISA & Mastercard only accepted with a 1.5% surcharge

Banking Details -

BSB: 082 028
Acc No: 79 320 2517

Please send bank confirmation to: studio@gillieandmarc.com

All payments must be finalised within 48 hours of the auction.

Shipping cost payable by purchaser. Cost will vary based on number of purchases, weight of purchases, location of delivery. Pick up available. For a quote on shipping please contact Gillie and Marc on 02 9700 7103 or via email to: gallery@gillieandmarc.com

Pick-up available from auction venue. All items must be collected or shipping arranged within 48 hours of the auction.

On top of the buyer's premium of 20%, a further 5% on hammer price is payable to Invaluable.

All international bidders are liable for any international customs and taxes if applicable.