Terms and Conditions
Please select the conditions of sale based on the type of auction:
Please select the conditions of sale based on the type of auction:
|0.||GST Policy||1.||The Buyer|
|2.||The Seller||3.||Bidding steps, etc.|
|4.||Room Bidders||5.||New Clients|
|6.||Credit Card Payments||7.||Pre-Sale Estimates|
|8.||Delivery of Purchases||9.||Transportation / Delivery (Artworks, etc.)|
|10.||Absentee Bidding||11.||Telephone Bidding|
|12.||Other Information||13.||Storage Charges (non-philatelic items)|
Australian Clients Please Note:
GST will be added to the hammer price and commission where the auction lot is marked as 'ex gst' in the online catalogues or where the lot number is underlined in the printed catalogues.
Foreign Clients Please Note:
No GST applies to the buyers premium or to the hammer price on any lot sold to foreign buyers where the lot is delivered to a foreign address.
1: The Buyer
The Buyer shall pay to Charles Leski Auctions Pty Ltd ('CLA') a premium of 20% (ex GST) plus the hammer price of each lot. The highest bidder shall be the buyer, however, in the event of any dispute as to the final bid on an item, that lot may be re-offered at the absolute discretion of the auctioneer.
2: The Seller
CLA acts only as the agent of the seller and neither CLA nor the seller shall be responsible for any defects or faults in any lot or for any errors of description or for the genuineness of any lot and no compensation shall be paid in respect of such matters. CLA provides no guarantee to the buyer other than in relation to forgeries. [A 'Forgery' means an item constituting an imitation conceived and executed as a whole with a fraudulent intention to deceive as to authorship, origin or age where the correct description as to such matters is not reflected by the description in the catalogue and which, at the date of the auction, had a value materially less than it would have had if it had been accurately described. No item shall be capable of description as a forgery by reason of any damage and/or restoration work.] Prospective buyers are strongly advised to examine personally any items in which they are interested, before the auction takes place. Condition reports are usually available on request. From the time a lot is knocked down ('sold'), such lot will be the responsibility of the buyer. See also 'Description'.
3: Bidding steps, etc.
CLA 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:
Whilst every care is taken in executing absentee bids and written instructions, CLA accepts no responsibility for errors.
4: Room Bidders
Every room bidder shall complete and sign a registration form (acknowledging these Conditions of Sale) and provide identification (if required) before making any bid in this auction. Absentee bidders, by placing a bid by mail, fax, e-mail, telephone or by any other method are also accepting all terms and conditions as printed in this catalogue.
5: New Clients
New clients must provide credit card details, bank or trade references. Absentee bidders unable to provide such details must provide a deposit amounting to not less than 25% of their total bids. Agents bidding on behalf of undisclosed clients do so at their own risk, both for payment and safe delivery of lots.
6: Credit Card Payments
Payment by credit card is available. We accept Visa, American Express & Mastercard. Visa & Mastercard will attract a 1.65% fee. American Express cards: 3.3%. The intention to pay by credit card must be made known to CLA at the time of bidding (ie. with absentee bid form or at the auction). The complete purchase price plus premium must be chargeable immediately. If this is not the case, payments by credit card will attract an additional 2% service charge on the outstanding amount.
7: Pre-Sale Estimates
CLA 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 CLA prior to auction for updated pre-sale estimates and starting prices.
8: Delivery of Purchases
Purchases will be delivered upon full payment and receipt of any export licence or related documents (if necessary).
9: Transportation / Delivery (Artworks, etc.)
CLA can arrange shipping as per your written instructions. CLA reserves the absolute discretion to engage any commercial fine art shipping company or alternatively to instruct the shipping company of your choice. All costs and risks associated with the shipping and insurance of lots will be borne by the purchaser. Cost estimates for the most effective method of transport can be arranged with our office or we can provide you with contact details of specialist companies.
10: Absentee Bidding
CLA can bid on your behalf if you are unable to attend an Auction in person, following your written instructions. This service is free of charge. Successful Absentee Buyers shall pay to Charles Leski Auctions Pty Ltd ('CLA') a premium of 20% (ex GST) plus the hammer price of each lot and they will be notified if their bid is successful. Lots will be bought as cheaply as possible, subject to other absentee bids, bids on the Auction floor and reserves. Unlimited bids will not be accepted. In the event of identical bids the first bid received will take precedence.
11: Telephone Bidding
Bidding at Auction can be done by telephone if arranged with CLA at least 48 hours prior to auction. 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 CLA 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.
12: Other Information
Catalogue Details: 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.
13: Storage Charges (non-philatelic items)
For a period of two weeks after an auction, uncollected purchases are held at the salerooms. Thereafter they will be removed for storage and charges may be incurred. ($5 per lot per week or part thereof.)
Buyers present at the auction must pay for and take delivery of their lots immediately. The buyer of each lot is responsible for it from the time it is 'knocked down'. Payment should be made upon receipt of invoice. Payments must include settlement for postage, packing, insurance etc. (where CLA is providing these services.) A 20% buyers' premium (ex GST) will be added to the hammer price of each lot at the time of invoicing. Accounts still outstanding 30 days from the date of auction will attract a 3% levy plus $10 service fee and a new account will be issued reflecting the new amount due. An additional charge of $10 service fee plus 3% per month or part thereof will continue to accrue until the account is settled. Absentee bidders will be sent an invoice together with a prices realised listing. Lots will be forwarded on receipt of payments.
a. Each lot is sold as genuine and correctly described, unless indicated to the contrary. Defects are sometimes noted, however the absence of a statement of condition in the description should not be construed as an indication of no defects. Prospective buyers are advised to personally examine any goods in which they are interested before the auction takes place. Condition reports are usually available upon request. It should also be noted that many of the items we sell are of an age or nature which precludes their being in perfect condition. Therfore, when we make a statement about the condition of an item, we do so by comparison with what is typical for the age and type of item under consideration.
b.i) An item bought "on Extension" must be paid for in full before it will be released to the purchaser or his/her agreed expertising committee or specialist. Payments received for such items will be held "in trust" for up to 90 days or earlier, if the issue of authenticity has been resolved more quickly. Extensions must be requested before the auction.
b.ii) The purchaser to be at liberty to reject the lot by giving written notice within seven days (or in the case of overseas buyers, within a reasonable time of the date of the sale) if he proves that the lot is not genuine or is incorrectly described and returns the lot within fourteen days of the sale (or within such longer periods as the Auctioneer may in his discretion allow). The onus of proving a lot to be wrongly described lies with the purchaser. Proof of the inability of a recognised Expert Committee to express a definite opinion will not discharge this onus. A request for extension (for consideration by an independent expert or committee) must be received 24 hours prior to the commencement of the auction. No Extensions will be considered if lodged later than this.
b.iii) 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. 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.
d. Lots stated to contain collections and/or undescribed items must be taken with all faults and errors (if any) and by reason of the foregoing the Purchaser of any such lot shall have no right to reject the same.
e. No lot to be rejected if the Purchaser or his Agent has inspected the lot prior to the sale, irrespective of whether or not any item or items within the lot has or have been through inadvertence, incorrectly described.
f. Items described as having defects are not returnable on account of their condition. Stamps cannot be returned on account of the centring, or the amount of margin, or any perforation defect when such stamps have been illustrated. Please note that all illustrations are provided as a reference only, and cannot be relied upon for detail, accuracy, or colour.
g. Reference is sometimes made in descriptions to damage, repair or defect. The absence of such a reference does not imply that a lot is free from defects, nor does any reference to a particular defect imply the absence of others. Such information is given for guidance only and the condition of any lot should be confirmed by examination prior to sale.
Failure on the part of the bidder or the purchaser to comply with the conditions printed above, entitles the Auctioneer to cause the bidder or purchaser to forfeit any deposit held. Any uncleared lots after thirty days may be re-sold by public or private sale and any resulting deficiency shall be made good by the defaulter.