b'106iv) The Buyers sole and exclusive remedy againstOverseas buyers and buyers non-resident in AustraliaPEARLSthe Seller in place of any other remedy whichwill not be charged GST on both hammer price andPearls, like gemstones, are also subject to various might be available, is the cancellation of the salepremiums under the following conditions:treatments. Buyers should assume that any pearls and the refund of the original purchase price1.The items are exported through a Leski Auctionssold by Leski Auctions may have been subjected to paid for the lot less the buyers premium whichapproved freight company including Australiasuch treatments, and that the catalogue estimates is non refundable. Neither the Seller nor LeskiPost reflect this.Auctions will be liable for any special, incidental nor consequential damages including, without2.The items are exported within 60 days of the limitation, loss of profits and interest. date of the sale v) The Buyer must give written notice of claim to usWATCHESwithin thirty days of the date of the Auction. ThePlease note: All watches sold by Leski Auctions Seller shall have the right, to require the BuyerThe invoice supplied by Leski Auctions for purchasesare sold on an as is basis. Leski Auctions makes to obtain two written opinions by recognisedwill be regarded as a Tax invoice for GST purposes. no representation or warranty that any watch is in experts in the field, mutually acceptable to theworking order. Many watches have been repaired Buyer and Leski Auctions to decide whether or14.Resale Royalty Scheme over their lifetime and may contain non-original parts. not to cancel the sale under warranty. The absence of any reference to the condition of a Under the legal obligations of the Resale Royaltywatch does not imply that the lot is in good condition vi) the Buyer must return the lot to Seller in theScheme for Visual Artists Act 2009, sellers mustand without defects, repairs or restorations. Buyers same condition that it was purchased. provide the following information to comply with theshould be aware that a general service, change of act: battery or further repair work, for which the Buyer is 8.Severability was the artwork acquired after 8 June 2010? solely responsible for, may be necessary.If any part of these Conditions of Sale is found by anyis the sale/reserve price (including GST) $1,000 court to be invalid, illegal or unenforceable, that partor more?shall be discounted and the rest of the ConditionsESTIMATED WEIGHTSshall continue to be valid to the fullest extentis the artist from Australia or a country listed inIf a stone has a known weight, it has been weighed permitted by law. the Regulations to the Act? out of the mount. If a stone has an estimated weight, is the artist alive, or deceased less than 70 years? it is an approximate weight only and has been measured by us in the mount and is a statement of 9.Copyright The seller:opinion only. The information is given as a guide only i)acknowledges that he or she understands his orand Buyers should satisfy themselves with regard to The copyright in all images, illustrations and writtenher legal obligations under the Resale Royaltythis information as to its accuracy.material produced by Leski Auctions relating to a lotfor Visual Artists Act 2009 (the Act); including the contents of this catalogue, is and shall remain the property at all times of Leski Auctions andii)undertakes to comply with all requirements of shall not be used by the Buyer, nor by anyone elsethe Act, including by providing its agent, the without our prior written consent. Leski Auctions andcompany, with accurate information sufficient for the Seller make no representation or warranty thatcompliance with sections 28 and 29 of the Act; the Buyer of a property will acquire any copyright oriii)undertakes to indemnify the company for any other reproduction rights in it. loss incurred by the company as a result of the vendors failure to comply with any of the 10.Law and Jurisdiction vendors legal obligations under the Act; and These terms and conditions and any mattersiv)acknowledges that if he or she fails to comply concerned with the foregoing fall within the exclusivewith any of his or her legal obligations under jurisdiction of the courts of the state in which thethe Act, the company may provide the vendors auction is held. name and contact details to Copyright Agency Limited (CAL).11. Pre-Sale Estimates Lots subject to payment of the Resale Royalty Scheme will be denoted by the .The Australian Leski Auctions publishes with each catalogue ourResale Royalty is a flat rate of 5% on the hammer opinion as to the estimated price range for each lot.price (including GST).The Australian Resale Royalty These estimates are approximate prices only and areis payable by the buyer in addition to the buyers not intended to be definitive. They are prepared wellpremium plus any applicable GST.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 and15.Jewels & Watchesstarting prices.GEMSTONES12.Sale results Gemstones have historically been subjected to a variety of treatments to enhance their appearance. Leski Auctions will provide auction results, whichSapphires and rubies are routinely heat treated to will be available as soon as possible after the sale.improve their colour and clarity, similarly emeralds Results will exclude buyers premium. These resultsare frequently treated with oils or resin for the will be posted at www.leski.com.au. same purpose. Other treatments such as staining or dyeing, irradiation, filling or coating may have been used on other precious and semi-precious 13.Goods and Service Tax gemstones and organic material. These treatments In accordance with A New Tax System (Goods andmay be permanent, whilst others may need special Services Tax) Act 1999 Leski Auctions Auctions willcare to preserve their appearance. Buyers should collect on behalf of the Australian tax office (ATO) aassume that each lot has been subject to some form Goods and Service Tax (GST) of 10% on all applicableof treatment and that the estimates reflect this.transactions. A number of laboratories issue certificates that GST is applicable on the hammer price in the casegive detailed descriptions of gemstones, and in where the seller is selling property that is owned bythe event that Leski Auctions has been supplied an entity registered for GST.GST is also applicablewith or obtained certificates for any lot, this shall be on the hammer price in the case where the seller isnoted in the catalogue. However, as there may not not an Australian resident.These lots are denoted bybe consensus between different laboratories on the a dagger symbolplaced next to the estimate. degree, or types of treatment of the gemstones, Leski Auctions supplies these without warranty.GST is also applicable on the buyers premium.'