b'140TERMS AND CONDITIONS OF SALE the 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 terms and conditions of sale listed here containare for guidance only and should be evaluatedan accredited form of photo identification andThe Auctioneer has the right at his/her absoluteall amounts due to us have been received in fulldeem necessary or appropriatethe policies of Leski Auctions Pty Ltd. They are theby personal inspection by the bidder or apay a deposit at our discretion in cleared fundsand 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 terms on which Leski Auctions Pty Ltd and the Sellerknowledgeable representative. The absence ofinto Leski Auctionss account at least 24 hoursdecide, to withdraw or divide any lot, to combinedate of the sale unless otherwise agreed in writing(iv), then the defaulting Buyer shall be liable contract with the Buyer. They may be amended bysuch a reference does not imply that an itembefore the commencement of the auction.any two or more lots and, in the case of errorbetween Leski Auctions and the Buyer. for payment of any deficiency between printed Saleroom Notices or oral announcementsis free from defects or restoration, nor does aBids will not be accepted without this deposit.or dispute and whether during or after the sale,the total amount originally due to us and made before and during the sale. By bidding atreference to particular defects imply the absenceLeski Auctions also reserves the right to requestto determine the successful bidder, to continueAt the fall of the hammer, insurance is thethe price obtained upon reselling as well auction you agree to be bound by these terms. of any others. Estimates of the selling priceany additional forms of identification prior tothe bidding, to cancel the sale or to reoffer andresponsibility of the purchaser. as for all costs, expenses, damages, legal should not be relied on as a statement that thisregistering an overseas bid. resell the item in dispute. If any dispute arisesfees and commissions and premiums of is the price at which the item will sell or its valueD)PACKING, HANDLING AND SHIPPING whatever kinds associated with both sales or 1.Background to the Terms used in thesefor any other purpose. Neither Leski AuctionsThis deposit can be made using a credit card,after the sale, then Leski Auctions sale record is Conditions nor the Seller is responsible for any errors orhowever the balance of any purchase price inconclusive. Leski Auctions will be able to suggest removalsotherwise arising from the default.omissions in the catalogue or any supplementalexcess of $5,000 can not be charged to this cardcompanies that the buyer can use but takesIf we pay any amount to the Seller under The conditions that are listed below contain termsmaterial. without prior arrangement. J)SUCCESSFUL BID AND PASSING OF RISK no responsibility whatsoever for the actions ofparagraph (v) the Buyer acknowledges that that are used regularly and may need explanation.Subject to the auctioneers discretion, theany recommended third party. Leski AuctionsLeski Auctions shall have all of the rights of They are as follows: Images are measured height by width (sightThis deposit is redeemable against any auctioncan pack and handle goods purchased at the size). Illustrations are provided only as apurchase. highest bidder accepted by the auctioneer willauction by agreement and a charge will madethe Seller, however arising, to pursue the the Buyer means the person with the highest bidguide and should not be relied upon as a truebe the buyer and the striking of the hammerfor this service.All packing, shipping, insurance,Buyer for such amount.accepted by the Auctioneer E)ABSENTEE BIDS marks the acceptance of the highest bid and thepostage & associated charges will be borne by representation of colour or condition. Imagesconclusion of a contract for sale between theG)FAILURE TO COLLECT PURCHASESthe Lot means any item depicted within the sale forare not shown at a standard scale. Mention isLeski Auctions will use reasonable efforts toSeller and the Buyer. Risk and responsibility forthe purchaser. auction and in particular the item or items describedrarely made of frames (which may be providedexecute written bids delivered to us AT LEASTthe lot (including frames or glass where relevant)Where purchases are not collected within 5 days against any lot number in the catalogue. as supplementary images on the website) which24 Hours before the sale for the conveniencepasses immediately to the Buyer. E)CULTURAL HERITAGE EXPORT LICENCES from the sale date, whether or not payment has do not form part of the lot as described in theof those clients who are unable to attend theUnless otherwise agreed by us in writing, thebeen made, we shall be permitted to remove the the Hammer price means the amount of theprinted catalogue. auction in person. If we receive identical writtenfact that the buyer wishes to apply for an exportproperty to a warehouse at the buyers expense, highest bid accepted by the auctioneer in relationK)INDICATIVE BIDDING STEPS, ETC. and only release the items after payment in full to a lot An item bought on Extension must be paid forbids on a particular lot, and at the auction theseLeski Auctions reserves the right to refuse anylicence does not affect his or her obligation tohas been made of removal, storage handling, in full before it will be released to the purchaserare the highest bids on that lot, then the lot willbid, withdraw any lot from sale, to place amake full payment immediately, nor our rightinsurance and any other costs incurred, together the Buyers Premium means the charge payable byor his/her agreed expertising committee orbe sold to the person whose written bid wasreserve on any lot and to advance the biddingto charge interest or storage charges on latewith payment of all other amounts due to us.the Buyer to the auction house as a percentage ofspecialist. Payments received for such items willreceived and accepted first. Execution of writtenaccording to the following steps: payment. It is the Buyers responsibility to check the hammer price. be held in trust for up to 90 days or earlier, ifbids is a free service undertaken subject to otherAustralias Protection of Moveable Cultural commitments at the time of the sale and we doIncrement Amount Dollar Range Heritage Act 1986 before purchase. If the Buyer the Reserve means the lowest amount at whichthe issue of authenticity has been resolved morenot accept liability for failing to execute a writtenrequests Leski Auctions to apply for an export6.Extent of Leski Auctions LiabilityLeski Auctions has agreed with the Seller that the lotquickly. Extensions must be requested beforebid or for errors or omissions which may arise. It$20 $0$500 licence then we shall be entitled to charge aLeski Auctions agrees to refund the purchase price can be sold. the auction. is the bidders responsibility to check with Leski$50 $500$1,000 fee for this service. We shall not be obliged toin the circumstances of the Limited Warranty set out Forgery means an item constituting an imitationForeign buyers should note that all transactionsAuctions after the auction if they were successful. $100 $1,000$2,000 rescind a sale nor to refund any interest or otherin paragraph 7 below. Apart from that, neither the originally conceived and executed as a whole, withare in Australian dollars so there may be a smallUnlimited or Buy bids will not be accepted. $200 $2,000$5,000 expenses incurred by the Buyer where paymentSeller nor we, nor any of our employees or agents a fraudulent intention to deceive as to authorship,exchange rate risk. The costs associated with$500 $5,000$10,000 is made by the Buyer in circumstances where anare responsible for the correctness of any statement origin, age, period, culture or source, where theacquiring a good certificate will be carried by theF)TELEPHONE BIDS export licence is not granted. of whatever kind concerning any lot, whether written correct description as to such matters is not reflectedpurchaser. If the item turns out to be forged orPriority will be given to overseas and interstate$1,000 $10,000$20,000 or oral, nor for any other errors or omissions in by the description in the catalogue. Accordingly nootherwise incorrectly described, all reasonablebidders. Please refer to the catalogue for the$2,000 $20,000$50,000 description or for any faults or defects in any lots. lot shall be capable of being a forgery by reasoncosts will be borne by the vendor. Telephone Bids form.Arrangements for this$5,000 $50,000$100,000 F)REMEDIES FOR NON-PAYMENT Except as stated in paragraph 7 below, neither the of any damage or restoration work of any kindservice must be confirmed AT LEAST 24 HOURS$10,000 $100,000$200,000 Seller ourselves, our officers, agents or employees If the Buyer fails to make full payment (Including re-painting).C)BUYERS RESPONSIBILITY PRIOR to the auction commencing. Leski$20,000 $200,000$500,000 immediately, Leski Auctions is entitled togive any representation warranty or guarantee or the insured value means the amount that LeskiAll property is sold as is without representationAuctions accepts no responsibility whatsoever$50,000 $500,000$1,000,000 exercise one or more of the following rightsassume any liability of any kind in respect of any lot Auctions in its absolute discretion from time to timeor warranty of any kind by Leski Auctions orfor any errors or failure to execute bids. Inor remedies (in addition to asserting any otherwith regard to merchantability, fitness for a particular shall consider the value for which a lot should bethe Seller. Buyers are responsible for satisfyingtelephone bidding the buyer agrees to beAbsentee bids must follow these incrementsrights or remedies available under the law) purpose, description, size, quality, condition, covered for insurance (whether or not insurance isthemselves concerning the condition of thebound by all terms and conditions listed hereand any bids that dont follow the steps will beattribution, authenticity, rarity, importance, medium, arranged by Leski Auctions.)property and the matters referred to in theand accepts that Leski Auctions cannot be heldrounded up to the nearest acceptable bid. i)to charge interest at such a rate as we shallprovenance, exhibition history, literature or historical catalogue by requesting a condition reportresponsible for any mis-communications in thereasonably decide relevance. Except as required by local law any All values expressed in Leski Auctions Pty Ltdprocess. The success of telephone biddingwarranty of any kind is excluded by this paragraph.catalogues (in any format) are in Australian DollarsNo lot to be rejected if, subsequent to the sale,cannot be guaranteed due to circumstancesii) to hold the defaulting Buyer liable for the (AU$).All bids, hammer price, reserves, Buyersit has been immersed in liquid or treated by anythat are unforeseen. Buyers should be aware of5.After the Sale total amount due and to commence legal Premium and other expressions of value areother process unless the Auctioneers permissionthe risk and accept the consequences shouldproceedings for its recovery along with7.Limited Warrantyunderstood by all parties to be in Australian Dollarsto subject the lot to such immersion or treatmentcontact be unsuccessful at the time of Auction.A)BUYERS PREMIUM interest, legal fees and costs to the fullest (AU$) unless otherwise specified. has first been obtained in writing. You must advise Leski Auctionsof the lotsIn addition to the hammer price, the buyerextent permitted under applicable law Subject to the terms and conditions of this in question and you will be assumed to be aagrees to pay to Leski Auctions the buyersiii) to cancel the sale paragraph, the Seller warrants for the period of thirty days from the date of the sale that any property 4.At the Sale buyer at the minimum price of 75% of estimatepremium.The buyers premium is 19.5% of theiv)to resell the property publicly or privately ondescribed in this catalogue (noting such description 2.Leski Auctions as Agent (ie. reserve) for all such lots. Leski Auctions willhammer price plus GST. (Goods and Services advise Telephone Bidders who have registeredTax) where applicable. such terms as we see fit may be amended by any saleroom notice or Except as otherwise stated Leski Auctions Pty LtdA)REFUSAL OF ADMISSION at least 24 hours before the auction of anyannouncement) which is stated without qualification acts as agent for the Seller.v)to pay the Seller an amount up to the netto be the work of a named author, that authorship Leski Auctions reserves the right at our completerelevant changes to descriptions, withdrawals orB)PAYMENT AND PASSING OF TITLE proceeds payable in respect of the amountis authentic and not a forgery. The term Author or The contract for the sale of the property is thereforediscretion to refuse admission to the auctionany other sale room notices. The buyer must pay the full amount duebid by the defaulting Buyer.In theseauthorship refers to the creator of the property or made between the Seller and the Buyer. premises or participation in any auction and to(comprising the hammer price, buyers premiumcircumstances the defaulting Buyer canto the period, culture, source, or origin as the case reject any bid. G)ONLINE BIDDING 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 Leski Auctions offers a FREE online biddingevent that the item(s) are sold for an amount 3.Before the Sale B)REGISTRATION BEFORE BIDDING service.When bidding online the buyer agrees5 days after the auction date.greater than the original invoiced amount. identified in the catalogue. Any prospective new buyer must complete andto be bound by all terms and conditions listed The buyer will not acquire title to the lot untilThe warranty is subject to the following:A)EXAMINATION OF PROPERTY sign a registration form and provide photo- here by Leski Auctions. Leski Auctions receives full payment in clearedvi) to set off against any amounts which Leski Prospective Buyers are strongly advised toidentification before bidding. Leski Auctions mayfunds, and no goods under any circumstancesAuctions may owe the Buyer in any otheri)it does not apply where a) the catalogue examine in person any item in which they arerequest bank, trade or other financial referencesLeski Auctions accepts no responsibility forwill be released without confirmation of clearedtransactions, the outstanding amountdescription or saleroom notice corresponded to interested before the Auction takes place.to substantiate this registration. any errors, failure to execute bids or any otherfunds received. This applies even if the buyerremaining unpaid by the Buyer. the generally accepted opinion of scholars and Neither Leski Auctions nor the Seller providesmiscommunications regarding this process.It iswishes to send items interstate or overseas. vii)where several amounts are owed byexperts at the date of the sale or fairly indicated the online bidders responsibility to ensure thethat there was a conflict of opinions, or b) correct any guarantee in relation to the nature of theC)BIDDING AS A PRINCIPAL Payment can be made by direct transfer, cashthe Buyer to us, in respect of differentidentification of a lot can be demonstrated only property apart from the Limited warranty in theWhen making a bid, a bidder is acceptingaccuracy of the relevant information regarding(not exceeding $10,000AUD, if wishing totransactions, to apply any amount paid toby means of a scientific process not generally paragraph below.personal liability to pay the purchase pricebids, lot numbers and contact details. pay more than $10,000AUD then this must bedischarge any amount owed in respect ofaccepted for use until after publication of the The property is otherwise sold AS IS including the buyers premium and all applicableLeski Auctions accepts no responsibility for linedeposited directly into a Bank of Melbourne / Stany particular transaction, whether or notcatalogue or a process which at the date of the taxes, plus all other applicable charges, unless itdrop outs, slow screen updstes or any otherGeorge branch and bank receipt supplied) andthe Buyer so directs. publication of the catalogue was unreasonably B)CATALOGUE AND OTHER DESCRIPTIONS has been explicitly agreed in writing with Leskitechnical faults beyonds its control. Eftpos (please check the daily limit).Paymentsviii)to reject at any future auction any bids madeexpensive or impractical or likely to have caused All statements by Leski Auctions in the catalogueAuctions before the commencement of the salecan also be made by credit card in personby or on behalf of the Buyer or to obtain adamage to the property.entry for the property or in the condition report,that the bidder is acting as agent on behalf ofH)RESERVES with a 1% (inc GST) merchant fee for Visa anddeposit from the Buyer prior to acceptingii) the benefits of the warranty are not assignable or made orally or in writing elsewhere, arean identified third party acceptable to LeskiUnless otherwise indicated, all lots are offeredMastercard and 1.75% (inc GST) for Americanany bids. and shall apply only to the original buyer of the statements of opinion and are not to be reliedAuctions and that Leski Auctions will only look tosubject to a reserve, which is the confidentialExpress. Personal cheques are accepted, butlot as shown on the invoice originally issued by upon as statements of fact. Such statementsthe principal for payment. minimum price below which the Lot will notfunds must be cleared before goods will beix)to exercise all the rights and remedies of aLeski Auctions when the lot was sold at Auction.do not constitute a representation, warrantybe sold. The reserve will not exceed thereleased.Bank cheques are subject to threeperson holding security over any property in or assumption of liability by Leski Auctions ofD)INTERNATIONAL REGISTRATIONS low estimate printed in the catalogue. Thedays clearance. our possession owned by the Buyer whetheriii)the Original Buyer must have remained the any kind. References in the catalogue entry toAll International clients not known to Leskiauctioneer may open the bidding on any Lotby way of pledge, security interest or in anyowner of the lot without disposing of any interest the condition report to damage or restorationAuctions will be required to scan or fax throughbelow the reserve by placing a bid on behalf ofother way, to the fullest extent permittedin it to any third party'