b'177the Seller. The auctioneer may continue to bidThe buyer is responsible for any bank fees andby the law of the place where such property on behalf of the seller up to the amount of thecharges applicable for the transfer of funds intois located. The Buyer will be deemed to reserve, either by placing consecutive bids or byLeski Auctions account have been granted such security to us and placing bids in response to other bidders. we may retain such property as collateral C)COLLECTION OF PURCHASES & INSURANCE security for such Buyers obligations to us.I)AUCTIONEERS DISCRETION Leski Auctions is entitled to retain items sold untilx) to take such other action as Leski Auctions The Auctioneer has the right at his/her absoluteall amounts due to us have been received in fulldeem necessary or appropriateand sole discretion to refuse any bid, to advancein good cleared funds. Subject to this, the Buyer the bidding in such a manner as he/she mayshall collect purchased lots within 5 days from theIf we do sell the property under paragraph decide, to withdraw or divide any lot, to combinedate of the sale unless otherwise agreed in writing(iv), then the defaulting Buyer shall be liable any two or more lots and, in the case of errorbetween Leski Auctions and the Buyer. for payment of any deficiency between or dispute and whether during or after the sale,the total amount originally due to us and to determine the successful bidder, to continueAt the fall of the hammer, insurance is thethe price obtained upon reselling as well the bidding, to cancel the sale or to reoffer andresponsibility of the purchaser. as for all costs, expenses, damages, legal resell the item in dispute. If any dispute arisesfees and commissions and premiums of after the sale, then Leski Auctions sale record isD)PACKING, HANDLING AND SHIPPING whatever kinds associated with both sales or conclusive. Leski Auctions will be able to suggest removalsotherwise arising from the default.companies that the buyer can use but takesIf we pay any amount to the Seller under J)SUCCESSFUL BID AND PASSING OF RISK no responsibility whatsoever for the actions ofparagraph (v) the Buyer acknowledges that Subject to the auctioneers discretion, theany recommended third party. Leski AuctionsLeski Auctions shall have all of the rights of highest bidder accepted by the auctioneer willcan pack and handle goods purchased at thethe Seller, however arising, to pursue the be the buyer and the striking of the hammerauction by agreement and a charge will madeBuyer for such amount.marks the acceptance of the highest bid and thefor this service.All packing, shipping, insurance, conclusion of a contract for sale between thepostage & associated charges will be borne byG)FAILURE TO COLLECT PURCHASESSeller and the Buyer. Risk and responsibility forthe purchaser. Where purchases are not collected within 5 days the lot (including frames or glass where relevant)E)CULTURAL HERITAGE EXPORT LICENCES from the sale date, whether or not payment has passes immediately to the Buyer. been made, we shall be permitted to remove the Unless otherwise agreed by us in writing, theproperty to a warehouse at the buyers expense, K)INDICATIVE BIDDING STEPS, ETC. fact that the buyer wishes to apply for an exportand only release the items after payment in full Leski Auctions reserves the right to refuse anylicence does not affect his or her obligation tohas been made of removal, storage handling, bid, withdraw any lot from sale, to place amake full payment immediately, nor our rightinsurance and any other costs incurred, together reserve on any lot and to advance the biddingto charge interest or storage charges on latewith payment of all other amounts due to us.according to the following steps: payment. It is the Buyers responsibility to check Australias Protection of Moveable Cultural Increment Amount Dollar Range Heritage Act 1986 before purchase. If the Buyer requests Leski Auctions to apply for an export6.Extent of Leski Auctions Liability$20 $0$500 licence then we shall be entitled to charge aLeski Auctions agrees to refund the purchase price $50 $500$1,000 fee for this service. We shall not be obliged toin the circumstances of the Limited Warranty set out $100 $1,000$2,000 rescind a sale nor to refund any interest or otherin paragraph 7 below. Apart from that, neither the $200 $2,000$5,000 expenses incurred by the Buyer where paymentSeller nor we, nor any of our employees or agents $500 $5,000$10,000 is made by the Buyer in circumstances where anare responsible for the correctness of any statement $1,000 $10,000$20,000 export licence is not granted. of whatever kind concerning any lot, whether written $2,000 $20,000$50,000 or oral, nor for any other errors or omissions in description or for any faults or defects in any lots. $5,000 $50,000$100,000 F)REMEDIES FOR NON-PAYMENT Except as stated in paragraph 7 below, neither the $10,000 $100,000$200,000 If the Buyer fails to make full paymentSeller ourselves, our officers, agents or employees $20,000 $200,000$500,000 immediately, Leski Auctions is entitled togive any representation warranty or guarantee or $50,000 $500,000$1,000,000 exercise one or more of the following rightsassume any liability of any kind in respect of any lot or remedies (in addition to asserting any otherwith regard to merchantability, fitness for a particular Absentee bids must follow these incrementsrights or remedies available under the law) purpose, description, size, quality, condition, and any bids that dont follow the steps will beattribution, authenticity, rarity, importance, medium, rounded up to the nearest acceptable bid. i)to charge interest at such a rate as we shallprovenance, exhibition history, literature or historical reasonably decide relevance. Except as required by local law any ii) to hold the defaulting Buyer liable for thewarranty of any kind is excluded by this paragraph.5.After the Sale total amount due and to commence legal proceedings for its recovery along with7.Limited WarrantyA)BUYERS PREMIUM interest, legal fees and costs to the fullest In addition to the hammer price, the buyerextent permitted under applicable law Subject to the terms and conditions of this agrees to pay to Leski Auctions the buyersiii) to cancel the sale paragraph, the Seller warrants for the period of thirty premium.The buyers premium is 19.5% of thedays from the date of the sale that any property hammer price plus GST. (Goods and Servicesiv)to resell the property publicly or privately ondescribed in this catalogue (noting such description Tax) where applicable. such terms as we see fit may be amended by any saleroom notice or announcement) which is stated without qualification v)to pay the Seller an amount up to the netto be the work of a named author, that authorship B)PAYMENT AND PASSING OF TITLE proceeds payable in respect of the amountis authentic and not a forgery. The term Author or The buyer must pay the full amount duebid by the defaulting Buyer.In theseauthorship refers to the creator of the property or (comprising the hammer price, buyers premiumcircumstances the defaulting Buyer canto the period, culture, source, or origin as the case and any applicable taxes and GST) not later thanhave no claim upon Leski Auctions in themay be, with which the creation of such property is 5 days after the auction date.event that the item(s) are sold for an amountidentified in the catalogue.The buyer will not acquire title to the lot untilgreater than the original invoiced amount. The warranty is subject to the following:Leski Auctions receives full payment in clearedvi) to set off against any amounts which Leski funds, and no goods under any circumstancesAuctions may owe the Buyer in any otheri)it does not apply where a) the catalogue will be released without confirmation of clearedtransactions, the outstanding amountdescription or saleroom notice corresponded to funds received. This applies even if the buyerremaining unpaid by the Buyer. the generally accepted opinion of scholars and wishes to send items interstate or overseas. experts at the date of the sale or fairly indicated vii)where several amounts are owed bythat there was a conflict of opinions, or b) correct Payment can be made by direct transfer, cashthe Buyer to us, in respect of differentidentification of a lot can be demonstrated only (not exceeding $10,000AUD, if wishing totransactions, to apply any amount paid toby means of a scientific process not generally pay more than $10,000AUD then this must bedischarge any amount owed in respect ofaccepted for use until after publication of the deposited directly into a Bank of Melbourne / Stany particular transaction, whether or notcatalogue or a process which at the date of the George branch and bank receipt supplied) andthe Buyer so directs. publication of the catalogue was unreasonably Eftpos (please check the daily limit).Paymentsviii)to reject at any future auction any bids madeexpensive or impractical or likely to have caused can also be made by credit card in personby or on behalf of the Buyer or to obtain adamage to the property.with a 1% (inc GST) merchant fee for Visa anddeposit from the Buyer prior to accepting Mastercard and 1.75% (inc GST) for Americanii) the benefits of the warranty are not assignable Express. Personal cheques are accepted, butany bids. and shall apply only to the original buyer of the funds must be cleared before goods will beix)to exercise all the rights and remedies of alot as shown on the invoice originally issued by released.Bank cheques are subject to threeperson holding security over any property inLeski Auctions when the lot was sold at Auction.days clearance. our possession owned by the Buyer whetheriii)the Original Buyer must have remained the by way of pledge, security interest or in anyowner of the lot without disposing of any interest other way, to the fullest extent permittedin it to any third party'