the Seller. The auctioneer may continue to bid 
on behalf of the seller up to the amount of the 
reserve, either by placing consecutive bids or by 
placing bids in response to other bidders.
I)
AUCTIONEER’S DISCRETION
The Auctioneer has the right at his/her absolute 
and sole discretion to refuse any bid, to advance 
the bidding in such a manner as he/she may 
decide, to withdraw or divide any lot, to combine 
any two or more lots and, in the case of error 
or dispute and whether during or after the sale, 
to determine the successful bidder, to continue 
the bidding, to cancel the sale or to reoffer and 
resell the item in dispute. If any dispute arises 
after the sale, then Leski Auctions’ sale record is 
conclusive.
J)
SUCCESSFUL BID AND PASSING OF RISK
Subject to the auctioneer’s discretion, the 
highest bidder accepted by the auctioneer will 
be the buyer and the striking of the hammer 
marks the acceptance of the highest bid and the 
conclusion of a contract for sale between the 
Seller and the Buyer. Risk and responsibility for 
the lot (including frames or glass where relevant) 
passes immediately to the Buyer.
K)
INDICATIVE BIDDING STEPS, ETC.
Leski Auctions 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 steps:
Increment Amount
Dollar Range
$20
$0–$500
$50
$500–$1,000
$100
$1,000–$2,000
$200
$2,000–$5,000
$500
$5,000–$10,000
$1,000
$10,000–$20,000
$2,000
$20,000–$50,000
$5,000
$50,000–$100,000
$10,000
$100,000–$200,000
$20,000
$200,000–$500,000
$50,000
$500,000–$1,000,000
Absentee bids must follow these increments 
and any bids that don’t follow the steps will be 
rounded up to the nearest acceptable bid.
5.
After the Sale
A)
BUYERS PREMIUM
In addition to the hammer price, the buyer 
agrees to pay to Leski Auctions the buyers 
premium.  The buyer’s premium is 19.5% of the 
hammer price plus GST. (Goods and Services 
Tax) where applicable.
B)
PAYMENT AND PASSING OF TITLE
The buyer must pay the full amount due 
(comprising the hammer price, buyers premium 
and any applicable taxes and GST) not later than 
5 days after the auction date. 
The buyer will not acquire title to the lot until 
Leski Auctions receives full payment in cleared 
funds, and no goods under any circumstances 
will be released without confirmation of cleared 
funds received. This applies even if the buyer 
wishes to send items interstate or overseas. 
Payment can be made by direct transfer, cash 
(not exceeding $10,000AUD, if wishing to 
pay more than $10,000AUD then this must be 
deposited directly into a Westpac branch and 
bank receipt supplied) and Eftpos (please check 
the daily limit). Payments can also be made by 
credit card in person with a 1.75% (inc GST) 
merchant fee for Visa, Mastercard and American 
Express. Personal cheques are accepted, but 
funds must be cleared before goods will be 
released.  Bank cheques are subject to three 
days clearance.
The buyer is responsible for any bank fees and 
charges applicable for the transfer of funds into 
Leski Auctions’ account
C)
COLLECTION OF PURCHASES & INSURANCE
Leski Auctions is entitled to retain items sold until 
all amounts due to us have been received in full 
in good cleared funds. Subject to this, the Buyer 
shall collect purchased lots within 5 days from the 
date of the sale unless otherwise agreed in writing 
between Leski Auctions and the Buyer.
At the fall of the hammer, insurance is the 
responsibility of the purchaser.
D)
PACKING, HANDLING AND SHIPPING
Leski Auctions will be able to suggest removals 
companies that the buyer can use but takes 
no responsibility whatsoever for the actions of 
any recommended third party. Leski Auctions 
can pack and handle goods purchased at the 
auction by agreement and a charge will made 
for this service.  All packing, shipping, insurance, 
postage & associated charges will be borne by 
the purchaser. 
E)
CULTURAL HERITAGE EXPORT LICENCES
Unless otherwise agreed by us in writing, the 
fact that the buyer wishes to apply for an export 
licence does not affect his or her obligation to 
make full payment immediately, nor our right 
to charge interest or storage charges on late 
payment. It is the Buyer’s responsibility to check 
Australia’s Protection of Moveable Cultural 
Heritage Act 1986 before purchase. If the Buyer 
requests Leski Auctions to apply for an export 
licence then we shall be entitled to charge a 
fee for this service. We shall not be obliged to 
rescind a sale nor to refund any interest or other 
expenses incurred by the Buyer where payment 
is made by the Buyer in circumstances where an 
export licence is not granted.
F) 
REMEDIES FOR NON-PAYMENT
If the Buyer fails to make full payment 
immediately, Leski Auctions is entitled to 
exercise one or more of the following rights 
or remedies (in addition to asserting any other 
rights or remedies available under the law)
i)
to charge interest at such a rate as we shall 
reasonably decide
ii) 
to hold the defaulting Buyer liable for the 
total amount due and to commence legal 
proceedings for it’s recovery along with 
interest, legal fees and costs to the fullest 
extent permitted under applicable law
iii) to cancel the sale
iv)
to resell the property publicly or privately on 
such terms as we see fit
v)
to pay the Seller an amount up to the net 
proceeds payable in respect of the amount 
bid by the defaulting Buyer.  In these 
circumstances the defaulting Buyer can 
have no claim upon Leski Auctions in the 
event that the item(s) are sold for an amount 
greater than the original invoiced amount.
vi) 
to set off against any amounts which Leski 
Auctions may owe the Buyer in any other 
transactions, the outstanding amount 
remaining unpaid by the Buyer.
vii)
where several amounts are owed by 
the Buyer to us, in respect of different 
transactions, to apply any amount paid to 
discharge any amount owed in respect of 
any particular transaction, whether or not 
the Buyer so directs.
viii) to reject at any future auction any bids made 
by or on behalf of the Buyer or to obtain a 
deposit from the Buyer prior to accepting 
any bids.
ix)
to exercise all the rights and remedies of a 
person holding security over any property in 
our possession owned by the Buyer whether 
by way of pledge, security interest or in any 
other way, to the fullest extent permitted 
by the law of the place where such property 
is located. The Buyer will be deemed to 
have been granted such security to us and 
we may retain such property as collateral 
security for such Buyer’s obligations to us.
x) 
to take such other action as Leski Auctions 
deem necessary or appropriate
If we do sell the property under paragraph 
(iv), then the defaulting Buyer shall be liable 
for payment of any deficiency between 
the total amount originally due to us and 
the price obtained upon reselling as well 
as for all costs, expenses, damages, legal 
fees and commissions and premiums of 
whatever kinds associated with both sales or 
otherwise arising from the default.
If we pay any amount to the Seller under 
paragraph (v) the Buyer acknowledges that 
Leski Auctions shall have all of the rights of 
the Seller, however arising, to pursue the 
Buyer for such amount.
G)
FAILURE TO COLLECT PURCHASES
Where purchases are not collected within 5 days 
from the sale date, whether or not payment has 
been made, we shall be permitted to remove the 
property to a warehouse at the buyer’s expense, 
and only release the items after payment in full 
has been made of removal, storage handling, 
insurance and any other costs incurred, together 
with payment of all other amounts due to us.
6.
Extent of Leski Auctions Liability
Leski Auctions agrees to refund the purchase price 
in the circumstances of the Limited Warranty set out 
in paragraph 7 below. Apart from that, neither the 
Seller nor we, nor any of our employees or agents 
are responsible for the correctness of any statement 
of whatever kind concerning any lot, whether written 
or oral, nor for any other errors or omissions in 
description or for any faults or defects in any lots. 
Except as stated in paragraph 7 below, neither the 
Seller ourselves, our officers, agents or employees 
give any representation warranty or guarantee or 
assume any liability of any kind in respect of any lot 
with regard to merchantability, fitness for a particular 
purpose, description, size, quality, condition, 
attribution, authenticity, rarity, importance, medium, 
provenance, exhibition history, literature or historical 
relevance. Except as required by local law any 
warranty of any kind is excluded by this paragraph.
7.
Limited Warranty
Subject to the terms and conditions of this 
paragraph, the Seller warrants for the period of thirty 
days from the date of the sale that any property 
described in this catalogue (noting such description 
may be amended by any saleroom notice or 
announcement) which is stated without qualification 
to be the work of a named author, that authorship 
is authentic and not a forgery. The term “Author” or 
“authorship” refers to the creator of the property or 
to the period, culture, source, or origin as the case 
may be, with which the creation of such property is 
identified in the catalogue. 
The warranty is subject to the following:
i) 
it does not apply where a) the catalogue 
description or saleroom notice corresponded to 
the generally accepted opinion of scholars and 
experts at the date of the sale or fairly indicated 
that there was a conflict of opinions, or b) correct 
identification of a lot can be demonstrated only 
by means of a scientific process not generally 
accepted for use until after publication of the 
catalogue or a process which at the date of the 
publication of the catalogue was unreasonably 
expensive or impractical or likely to have caused 
damage to the property.
ii) 
the benefits of the warranty are not assignable 
and shall apply only to the original buyer of the 
lot as shown on the invoice originally issued by 
Leski Auctions when the lot was sold at Auction.
iii) the Original Buyer must have remained the 
owner of the lot without disposing of any interest 
in it to any third party
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