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 Leski Auctions will be liable for any special, incidental nor consequential damages including, without limitation, loss of profits and 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 Leski Auctions 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 in all images, illustrations and written material produced by Leski Auctions relating to a lot including the contents of this catalogue, is and shall remain the property at all times of Leski Auctions and shall not be used by the Buyer, nor by anyone else without our prior written consent. Leski Auctions 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 Leski Auctions 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 Leski Auctions prior to auction for updated pre-sale estimates and starting prices. 12. Sale results Leski Auctions will provide auction results, which will be available as soon as possible after the sale. Results will exclude buyer’s premium. These results will be posted at www.leski.com.au. 13. Goods and Service Tax In accordance with A New Tax System (Goods and Services Tax) Act 1999 Leski Auctions 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 Leski Auctions approved freight company including Australia Post 2. The items are exported within 60 days of the date of the sale The invoice supplied by Leski Auctions 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. 15. Jewels & Watches GEMSTONES Gemstones have historically been subjected to a variety of treatments to enhance their appearance. Sapphires and rubies are routinely heat treated to improve their colour and clarity, similarly emeralds are frequently treated with oils or resin for the same purpose. Other treatments such as staining or dyeing, irradiation, filling or coating may have been used on other precious and semi-precious gemstones and organic material. These treatments may be permanent, whilst others may need special care to preserve their appearance. Buyers should assume that each lot has been subject to some form of treatment and that the estimates reflect this. A number of laboratories issue certificates that give detailed descriptions of gemstones, and in the event that Leski Auctions has been supplied with or obtained certificates for any lot, this shall be noted in the catalogue. However, as there may not be consensus between different laboratories on the degree, or types of treatment of the gemstones, Leski Auctions supplies these without warranty. PEARLS Pearls, like gemstones, are also subject to various treatments. Buyers should assume that any pearls sold by Leski Auctions may have been subjected to such treatments, and that the catalogue estimates reflect this. WATCHES Please note: All watches sold by Leski Auctions are sold on an “as is” basis. Leski Auctions makes no representation or warranty that any watch is in working order. Many watches have been repaired over their lifetime and may contain non-original parts. The absence of any reference to the condition of a watch does not imply that the lot is in good condition and without defects, repairs or restorations. Buyers should be aware that a general service, change of battery or further repair work, for which the Buyer is solely responsible for, may be necessary. ESTIMATED WEIGHTS If a stone has a known weight, it has been weighed out of the mount. If a stone has an estimated weight, it is an approximate weight only and has been measured by us in the mount and is a statement of opinion only. The information is given as a guide only and Buyers should satisfy themselves with regard to this information as to its accuracy. 80