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.
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