Wheatfield Gallery @ Millpond Farm Terms
Wheatfield Gallery
Millpond Farm
Antiques, Auctions & Valuations
CONDITIONS OF BUSINESS
The general conditions of business set out below and all other terms and conditions, documentation, notices (either verbal, written, posted in the auction room, or announced by the auctioneer) and Millpond Farm catalogues, together form the 'Conditions of Business' under which Millpond Farm contracts as auctioneer with Buyers and Sellers. The Conditions of Business are in place to provide a fair and just environment in which to buy and sell. They govern the entire relationship between Millpond Farm and all Buyers and sellers, including the sale, insurance, valuation and holding of property. It is therefore very important that you read all parts of the Conditions of Business carefully and if you do not understand any condition, that you ask a Millpond Farm staff member to explain it to you. Your participation in the auction signals your agreement to be bound by Millpond Farm Conditions of Business.
For your convenience the following Conditions have been set out in sections. Section A includes definitions of important terms used as part of the Conditions of Business. Section B includes Conditions relevant to Buyers. Section C includes Conditions relevant to Sellers. Section D includes general Conditions relevant to both Buyers and Sellers.
SECTION A - DEFINITIONS OF IMPORTANT TERMS
"Authorised Agent" means an agent that has been approved by Millpond Farm prior to an auction as an agent acting and bidding on behalf of an identified third party.
"Buyer" means the person with the highest bid in respect of a Lot accepted by the auctioneer, or in the case of post auction sales, the party purchasing a Lot at an agreed price.
"Buyers Premium" means the premium of fifteen percent (15%) of the Hammer Price payable to Millpond Farm by the Buyer. This applies to each Lot purchased at a Millpond Farm auction or post auction sale and is of GST or other taxes should they apply.
"Buyers Property" means any property owned by the Buyer and currently in possession of Millpond Farm.
"Catalogue" includes any advertisement, brochure, Estimate or price list, where published in paper form or communicated by means of internet, email or other electronic form.
"Millpond Farm" means Millpond Farm Auctioneers, ABN 80 414 427 574, its servants and agents.
"Millpond Farm Offices" means the offices located at 660 Major's Creek Road, Braidwood, NSW.
"Estimate" means the price range published against a description of a Lot as a guide for Buyers as to the approximate figure that we expect the Lot to realise at auction. A Reserve price, which is confidential, is always placed no higher than the lower figure of the estimate range at Millpond Farm auctions.
"Expenses" means all fees and charges in respect of a particular Lot owed to Millpond Farm including but not limited to: fees or charges for insurance, customs duties, taxes, levies, packing, postage or shipping costs; fees for Catalogue, advertisements, illustrations; reproduction license fees; fees for searches or enquiries relating to any Lot; legal fees, administrative expenses; legal fees and administrative fees associated with a breach of the Conditions of Business, and any interest owed to Millpond Farm under the Conditions of Business.
"GST" has the meaning given to that term in 'GST LAW'
"GST LAW" means the law relating to the goods and services tax imposed by A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time and any other Act or regulation relating to the imposition or administration of GST.
"Hammer Price" means the price at which the Lot is knocked down to the buyer by the auctioneer, or in the case of post auction sales, the agreed price. The Hammer Price excludes the Buyers Premium, all taxes and Expenses.
"Lot" means any item deposited with Millpond Farm with a view to its sale at auction whether on its premises or elsewhere and, in particular, the item or items described against any Lot number in any Catalogue.
"Proceeds of Sale" means such percentage of the Hammer Price as received by Millpond Farm from the Buyer in cleared funds less the Sellers Commission, any Withdrawal Fee if applicable and all Expenses.
"Published Rates" means Millpond Farm' current rates of commission for the Sellers Commission and the Buyers Premium as amended from time to time. The current Published Rates are available from Millpond Farm Offices.
"Reserve Price" means the price that has been agreed by Millpond Farm and the Seller as the lowest acceptable price at which a Lot may be sold without further negotiation with the Seller.
"Seller" means the person who owns a particular Lot offered for sale, or the person in possession of the property consigned to Millpond Farm, or the owner's agent. Where more than one person or agent owns a particular Lot all liabilities, obligations, warranties and indemnities are assumed jointly and severally.
"Sellers Commission" means the commission payable to Millpond Farm by the Seller, calculated as a percentage of the Hammer Price. The rates applicable will be the Published Rates current as at the date of the sale. Published Rates can be obtained from Millpond Farm Offices or at the registration desk at Millpond Farm auctions.
"Taxes" means any relevant taxes that will apply.
"Total Purchase Price" means the Hammer Price, together with the Buyers Premium, and any other Expenses.
"Warehouseman's Charges" means the charges set out in Section 4 of the Warehousemans's Liens Act, 1935 (Cth). These include (a) all lawful charges for storage and preservation of the goods; and (b) all lawful claims for money advanced, interest, insurance, transportation, labour, weighing, coopering, and other expenses in relation to the goods; and (c) all reasonable charges for any notice required to be given under the provisions of this Act, and for notice and advertisement of sale, and for sale of the goods where default is made in satisfying the warehouseman's lien.
SECTION B - IMPORTANT INFORMATION FOR BUYERS
1. MILLPOND FARM ROLE
Millpond Farm generally acts as agent for the Seller. Any contract of sale formed as a result of the auction is between the Buyer and Seller. Millpond Farm is not responsible for any default by the Seller or the Buyer. No conditions or warranties, expressed or implied, are given, except those expressly contained in these conditions.
2. CONDITION OF LOTS AND BUYERS INSPECTION OF LOTS
2.1 All Lots are offered for sale on an "as is" basis complete with all imperfections, faults and inaccuracies in description. Millpond Farm does not undertake a comprehensive analysis of each Lot offered for sale. All statements and any illustrations in any Catalogue as to authorship, attribution, genuineness, origin, date, age, provenance, condition, Estimate or as to any other matter in relation to a Lot are statements of opinion offered as a guide only and should not be relied upon as definitive fact or as constituting an express or implied warranty or representation made by Millpond Farm or the Seller as to the condition of any Lot.
2.2 Buyers must conduct their own inquiries and inspect each lot for themselves or seek an expert opinion to ascertain the authorship, attribution, genuineness, origin, date, age, provenance, condition, or estimated value of any Lot offered for sale.
2.3 Specifically, collectors' motor vehicles and items of a mechanical or electrical nature are not tested before sale and no warranty is given as to the condition or age of the whole or any component part. By their nature mechanical objects including vehicles will have suffered some wear and prospective purchasers should take advantage of the viewing period to closely inspect each item or to arrange for a mechanic or engineer to do so on their behalf.
2.4 Reports on condition can be obtained by contacting Millpond Farm. This service is provided without charge and is recommended in the case of interstate and international buyers to avoid disappointment, as no cancellation of sales can be made after the fall of the hammer.
2.5 Descriptions in the Catalogue or given by way of a condition report may make reference to damage and/or restoration. Such information is given for guidance only and the absence of such a reference does not imply that a Lot is free from defects nor does any reference to particular defects imply the absence of others.
2.6 Millpond Farm staff will be happy to advise and assist wherever possible and to accommodate whatever viewing requirements are required and feasible, given the individual circumstances of each item.
3. RESCISSION OF SALE IN CASE OF FORGERY
3.1 If within five (5) days from the date of a sale a Buyer satisfies Millpond Farm that a Lot purchased by that Buyer is a forgery or an imitation contrary to the description printed in the Catalogue or as amended by the auctioneer, and which at the date of the sale would have had a value materially less than the price for which it was sold, then the sale shall be rescinded provided the following conditions are met:
i) the Lot is returned in the same condition that it was in at the date of the sale; and
ii) the Lot has not been sold or transferred and no rights have been created in favour of a third party in respect of the Lot.
The buyer shall not be entitled to rescind the sale if in the opinion of Millpond Farm:
i) the description of the Lot in the Catalogue at the date of the sale was in accordance with the then generally accepted opinion of scholars and experts or fairly indicated that there was a conflict of such opinion; or
ii) the only method of establishing at the date of publication of the catalogue that the lot was a forgery or imitation would have been by a scientific process not then in general usage or which would have been too costly, impractical or which would have caused damage to the Lot.
3.2 The rights provided in Clause 3.1 are in favour of the Buyer of the Lot at the auction only and cannot be assigned by the Buyer.
3.3 If the Buyer makes a claim to rescind the sale under clause 3.1, and Millpond Farm is of the opinion that the claim is justified, Millpond Farm is authorised to rescind the sale. Millpond Farm will use all reasonable endeavour to ensure that the Seller returns to Millpond Farm any Sale Proceeds paid to the Seller for such Lot. If the Sale Proceeds, together with the rescinded item are repaid and returned to Millpond Farm, Millpond Farm will refund the Hammer Price to the Buyer and return the Lot to the Seller or consignor. Millpond Farm will not be liable to refund the Hammer Price to the Buyer if the Lot is not returned or if the Sale Proceeds are not received back from the Seller.
3.4 A Buyer's claim on rescission shall be limited to the Hammer Price and shall not include a refund of any Taxes or Expenses or compensation for any direct or consequential loss or damage suffered.
3.5 The provisions of this condition shall not operate as to exclude such conditions or warranties as are implied by state or federal law and which cannot legally be excluded or where such exclusion would render any contract with the Buyer, or any part of such contract, void or voidable.
4. SALE ESTIMATES
The Estimates offered pre-sale are intended as a guide for prospective buyers. Any bid over the listed lower estimate figure would, in our opinion, offer a reasonable chance of success. However, all Lots, depending on the degree of competition, can realise prices either above or below the listed Estimates. It is always advisable to consult Millpond Farm nearer the time of the sale as Estimates can be subject to revision.
5. ABSENTEE BIDS AND TELEPHONE BIDS
5.1 Millpond Farm may accept bids for an intending buyer in their absence. All bids must be confirmed in writing via the Millpond Farm absentee form and must be received by Millpond Farm at least twenty four (24) hours in advance of the sale. All bids are accepted only at the sender's risk. All bids must indicate a top limit. Any "Buy" or unlimited bids will not be accepted. In the event of identical bids, the first bid received will take precedence Lots will be bought as cheaply as is allowed by other bids and the Reserve Price on Millpond Farm books.
5.2 If a Buyer wishes to bid on a lot by telephone during the auction, they must complete the telephone absentee form giving Lot number and description, name, address and telephone number where they can be contacted during the sale. This form must be received at one of Millpond Farm Offices at least twenty four (24) hours in advance of the sale. If available, a Millpond Farm representative will telephone the Buyer prior to the Lot being offered for sale and bid on their behalf in the room.
5.3 Absentee, commission or telephone bids will only be accepted with a signed authorisation received before the start of the auction to charge the bidders credit card immediately on the fall of the hammer with the Total Purchase Price. Successful bidders who wish to pay by cash or bank transfer should advise the sales clerk who can arrange to reverse the credit card payment, taken as security, on receipt of the full invoiced amount.
5.4 These services are free and are subject to the availability of Millpond Farm staff. Millpond Farm accepts no responsibility for any errors or omissions. Technical faults can interfere with telephone bids, however it must be stressed that this is not a secure manner by which to bid. Millpond Farm cannot be held responsible for any telephone failure or missed bids. If you want to be certain of securing your bid, you must attend the auction personally or
have an Authorised Agent attend and bid on your behalf.
6. CURRENCY CONVERTER, LOT NUMBER INDICATOR AND VIDEO SCREEN OR ELECTRONIC IMAGES
6.1 A currency converter may be operated at some auctions based on the rates of exchange quoted to Millpond Farm by the Commonwealth Bank Limited at opening on the date of the auction, or if the auction falls on a weekend, the relevant rates taken as at close of business on the last working day before the auction. Millpond Farm may also provide a Lot number indicator at their discretion.
6.2 The currency converter and Lot number indicator are provided as a guide only. Millpond Farm accepts no responsibility in the event of any error or miscalculation. You should therefore make your own inquiries as to the relevant Lot number and correct calculations when converting any currency.
6.3 Images of Lots may be reproduced on a video screen at some auctions or electronically through Millpond Farm Website. Millpond Farm does not accept any responsibility for any errors, malfunctions or transmission difficulties associated with any image, or for the level of picture quality of any image, whether to the relevance or accuracy of any such image or otherwise.
7. PADDLE BIDDING
7.1 To assist the progress of the sale, all intending buyers must register and collect a bidding paddle before the commencement of the sale. All intending buyers should bring with them some means of identification. A $5 charge is made as a deposit on bidding paddles, refundable on return of the paddle.
7.2 The numbered paddle must be used to indicate your bids to the auctioneer during the sale. Should you be the successful Buyer of any Lot, please ensure that your bidding paddle can be seen by the auctioneer and that it is your number which is called out. If you have any doubts as to the Hammer Price or Buyer, please notify the auctioneer or a Millpond Farm staff member immediately.
7.3 All Lots will be invoiced to the name and address given against the issue of the numbered bidding paddles and cannot be transferred. Please do not mislay your paddle. In the event of loss, please inform staff at the registration counter immediately.
7.4 Please note, when you make a bid at auction you will be held personally and solely liable and will be bound by the Conditions of Business, unless you are acting as an Authorised Agent on behalf of a third party, in which case both you and the identified third party will be held jointly and severally liable for all obligations arising from the bid and under the Conditions of Business.
8. SUCCESSFUL BIDS
8.1 The successful Buyer of a Lot is the person who makes the highest bid accepted by the auctioneer where that bid is above the Reserve Price. The striking of the auctioneer's hammer marks acceptance of the bid, identifies the hammer Price and evidences the formation of a contract of sale between the Buyer and Seller in respect of the Lot sold.
8.2 Successful absentee or telephone bidders will be advised by Millpond Farm following the sale, where possible. All lots will be invoiced to the name and address given on Millpond Farm absentee form and cannot be transferred. The payment and collection of purchases and all other matters will be according to Millpond Farm Conditions of Business. It is the responsibility of bidders to call Millpond Farm to ascertain the result of their absentee or telephone bid.
9. PAYMENT AND TRANSFER OF TITLE AND COLLECTION OF PURCHASES
9.1 A Buyer's Premium of five (5%) of the Hammer Price is payable for each Lot purchased. The Total Purchase Price will include the Buyers Premium, the Hammer Price, any Taxes owing such as GST and any Expenses.
9.2 Payment of the Total Purchase Price must be made to Millpond Farm in Australian dollars as soon as possible after the sale of the relevant Lot and within two (2) days of the sale. Such payments will not be deemed to have been paid, a lot will not be released and the Buyer will not acquire title until Millpond Farm is in receipt of the Total Purchase Price in either cash or cleared funds.
9.3 All Buyer's invoices will be in Australian dollars and will reflect the rates of exchange quoted to Millpond Farm by the Commonwealth Bank Limited at opening on the date of the auction, or if the auction falls on a weekend, the relevant rates taken as at close of business on the last working day before the auction. Millpond Farm is not liable for any loss suffered as a result of movements in the exchange rate.
9.4 All Lots purchased are to be collected from Millpond Farm within two (2) working days of the auction. Lots not collected during this time will be at the Buyer's risk and may at Millpond Farm discretion be placed in storage or insured and the Buyer will be responsible for all Expenses incurred, including all removal, storage, administration and insurance expenses.
10. MILLPOND FARM REMEDIES FOR NON PAYMENT
If the Total Purchase Price is not received by Millpond Farm from the Buyer according to the Conditions of Business within two (2) working days after the date of sale, Millpond Farm acting in it's own interests and as agent for the Seller, will be entitled at it's discretion to exercise any of the following remedies against the Buyer, without prejudice to any other rights or remedies available to Millpond Farm or the Seller:
(a) to commence proceedings against the Buyer for breach of contract and any other actions which may arise;
(b) to remove, store, package and insure the Lot at the Buyer's risk and expense;
(c) to charge the Buyer all Expenses (including but not limited to all legal and administrative expenses) for Millpond Farm and the Seller, associated with the breach;
(d) to exercise a lien over any property owned by the Buyer and currently in the possession of Millpond Farm ("Buyer's Property") until the Total Purchase Price and any Expenses or any other amounts owed to Millpond Farm have been received by Millpond Farm in cleared funds. Where such a lien is to be exercised and sale of the Buyer's Property is to take place, the Buyer shall be notified fourteen (14) days in advance of such sale by registered post. The sale price for the Buyer's Property shall be set at Millpond Farm discretion. All proceeds from the sale shall be used to discharge the debt of the Total Purchase Price and any other Expenses or relevant amounts owed by the Buyer to Millpond Farm. Upon complete discharge of these amounts, any surplus amount shall be paid to the Buyer. If the proceeds from the sale are less than the amounts owed under the sale and these Conditions of Business to Millpond Farm and to the Seller, Millpond Farm is entitled to claim the balance from the Buyer;
(e) to arrange re-sale of the Lot to mitigate the debt owed by the Buyer to Millpond Farm. If sale of the Lot is to take place, the Buyer shall be notified fourteen (14) days in advance of such sale by registered post. The sale price for the Lot shall be set at Millpond Farm discretion. All proceeds from the sale shall be used to discharge the debt of the Total Purchase Price owed by the Buyer to Millpond Farm and any other relevant Expenses or other amounts owing. Once all debts have been satisfied, any surplus amount from the proceeds of the sale shall be paid to the Seller. If the proceeds from the sale are less than the sum of the Total Purchase Price and any Expenses or other amounts owed, Millpond Farm is entitled to claim the balance from the Buyer.
(f) to set off any amounts owed by Millpond Farm to the Buyer in payment of the Total Purchase Price or any Expenses or other amounts owed by the Buyer to Millpond Farm;
(g) to refuse to accept bids placed by the Buyer or the Buyer's agent at any future Millpond Farm auction;
(h) to cancel the sale of the Lot;
(i) to charge interest on the Total Purchase Price at a rate 3% higher than the rate quoted by the Commonwealth Bank of Australia as the base lending rate for personal loans current as at the time of sale. Such interest shall be payable for the period from two (2) working days after the date of sale to the date of payment of the Total Purchase Price.
11. MILLPOND FARM REMEDIES FOR NON COLLECTION
11.1 If a Lot is not collected from Millpond Farm by the Buyer according to the Conditions of Business, within two (2) working days after the date of sale, Millpond Farm acting in it's own interests, will be entitled at it's discretion to exercise any of the remedies set out in Clause 10.1 (a), (b), (c), (f),and (g) of this Agreement, against the Buyer, without prejudice to any other rights or remedies available to Millpond Farm.
11.2 In addition to the remedies listed in Clause 11.1, if a Buyer has: (i) failed to collect a Lot from Millpond Farm within six (6) months after the date of sale, and (ii) there remains an outstanding payment owed by the Buyer to Millpond Farm in respect of Warehouseman's Charges, then Millpond Farm will be entitled to sell the Lot pursuant to the terms and procedures as set out in the Warehousmen's Liens Act 1935 (Cth) and claim all reasonable Warehouseman's charges, as set out in section 4 of that Act.
12. PACKING, HANDLING AND SHIPPING
Packing, handling and shipping of Lots is at the risk and expense of the Buyer and is entirely their responsibility. Millpond Farm is not liable for any acts or omissions of any packers or shippers irrespective of whether Millpond Farm is responsible for arranging the packing, handling or shipping.
13. INSURANCE COVER FOR PROPERTY IN MILLPOND FARM CARE AFTER SALE
13.1 The Buyer of a Lot will be solely responsible for insuring any Lot purchased and will bear all risks from the earlier of:
12 the date payment of the Total Purchase Price is due, that date being two (2) working days after the date of sale of a particular Lot, or
13 the time that the Total Purchase Price is paid, or
14 the time that a Lot is collected.
13.2 It should be noted, regrettably, that frames, glass and glass domes, in particular, are not included in Millpond Farm insurance cover and Millpond Farm is not responsible for any damage or loss which occurs to frames, glass or glass domes at any time, in respect of any Lot.
14. EXPORT OR IMPORT LICENCES AND PERMITS
14.1 Millpond Farm suggests that prior to the auction, prospective Buyers make their own enquiries as to whether an importation or exportation licence of any kind may be required in respect of a particular Lot.
14.2 It shall be the responsibility of the Buyer of a lot to obtain any permit or licence required under the provisions of the Protection of Movable Cultural Heritage Act, 1986, the Wildlife Protection (Regulations of Exports and Imports) Act and any other legislation (as amended), which may restrict or prohibit the export of a lot outside a State or the Commonwealth of Australia or into any other country.
14.3 The failure to obtain any such licence shall have no effect whatsoever on the obligations of the Buyer or Millpond Farm rights under the Conditions of Business, including the Buyer's obligation to make full payment of the Total Purchase Price and Millpond Farm right to charge for Expenses.
15. CATALOGUES AND PRICE LISTS
These can be obtained on annual subscription or from Millpond Farm Offices, from the auction rooms and viewing venues. Price Lists are not published, but the Estimates of individual Lots may be advised verbally at Millpond Farm discretion.
C - IMPORTANT INFORMATION FOR PROSPECTIVE SELLERS
16. MILLPOND FARM DISCRETION
16.1 Millpond Farm shall have absolute discretion as to:
(i) whether a Lot is suitable for sale by Millpond Farm, and if so as to the place and date of the sale, the conditions of sale and the manner in which the sale is conducted;
(ii) the description of any Lot in the Catalogue;
(iii) the illustration of any Lot in the Catalogue. This will be at the Seller's expense up to a maximum of $300 for black and white, and $1000 for colour, illustration.
16.2 Millpond Farm reserves the right to withdraw any Lot at any time for any reason.
17. WARRANTIES AND INDEMNITY
17.1 The Seller warrants to Millpond Farm and the Buyer that it is the true owner of the Lot and will be able to and will according to the Conditions of Business transfer good and
marketable title to the Lot free from all third party rights or claims and that all representations made by the Seller to Millpond Farm and to the Buyer including those concerning the age, date, origin, provenance, ownership and condition of the Lot are accurate and true;
17.2 The Seller warrants to Millpond Farm and the Buyer that all information concerning the age, date, origin, provenance, ownership and condition of the Lot will be provided to Millpond Farm in advance of the sale and that unless Millpond Farm is advised in writing in advance of the sale of any mechanical, electrical or other fault relating to the Lot which could prove dangerous to any person, that no such fault exists. In addition, the Seller will immediately
inform Millpond Farm if any description by Millpond Farm in any Catalogue in relation to the Lot is misleading or in error.
17.3 The Seller warrants to Millpond Farm and the Buyer that Millpond Farm will be informed in writing before the Lot is offered for sale, if there are any restrictions whatsoever relating to the Lot, including but not limited to any restrictions relating to copyright or Millpond Farm right to reproduce images of the Lot.
17.4 The Seller shall indemnify and keep indemnified Millpond Farm, its employees and agents and the Buyer against all claims made or proceedings brought by any entity, including but not limited to any third party entitled or purporting to be entitled to the Lot or any government or government agency.
17.5 The Seller shall indemnify and keep indemnified Millpond Farm its employees and agents against all claims relating to copyright infringement arising from any act or omission by Millpond Farm in the marketing, promotion or sale of a Lot, except where such infringement occurs after the Seller has informed Millpond Farm of a third party's competing interest in such copyright.
17.5 In relation to any Lots imported to Australia for sale at the auction, the Seller warrants to Millpond Farm and to the Buyer that it has complied in all respects with any applicable laws, regulations and requirements relating to the export of such Lots from the country or state of origin to any intermediary country and its import into Australia or the State of sale including (without limitation) payment of any duties or taxes relating to, and obtaining all licences, permits or other authorisations necessary for, such export and import.
17.6 The Seller shall indemnify and keep indemnified Millpond Farm, its employees and agents and the Buyer against all claims or proceedings brought due to any default of the Seller in complying with any applicable export and /or
17.7 The Seller shall reimburse Millpond Farm and the Buyer in full and on demand for all payments, costs, Expenses or any other loss or damage whatsoever made, incurred or suffered as a result of any breach by the Seller of this Condition and any other Condition in the Conditions of Business.
18. LIMITATION ON CLAIMS AND LIABILITY
18.1 Any claim made by the Seller against Millpond Farm will be limited to the amount of the Proceeds of Sale for any particular Lot.
18.2 All statements and any illustrations in any Catalogue as to authorship, attribution, genuineness, origin, date, age, provenance, condition, Estimate or as to any other matter in relation to a Lot are statements of opinion offered as a guide only and should not be relied upon as definitive fact or as constituting an express or implied warranty or representation made by Millpond Farm.
19. PRE-SALE ESTIMATE
19.1 Items may be brought into Millpond Farm Offices for appraisal. Millpond Farm does not charge for it's preliminary verbal opinion and pre-sale Estimate. If the relevant specialist is not available items may be left for appraisal. Alternatively Millpond Farm staff will photograph the item and forward details to the appropriate specialist. A photography fee may be charged at cost for this service.
19.2 If you are unable to visit Millpond Farm Offices, you may send a clear photograph by mail or email with details and dimensions of the item(s) to enable our experts to provide a preliminary opinion and pre-sale Estimate. However, please remember that this advice can only be confirmed upon actual inspection of the item(s) concerned. If photographs are sent to an overseas specialist for an opinion, or if a written preliminary appraisal is required, a fee of twenty dollars (A$20.00) is payable.
19.3 We will inspect items on site in ACT and certain NSW metropolitan areas free of charge and advise owners who wish to sell at auction. Outside these areas and in certain circumstances, it may be necessary to charge out-of-pocket and travelling expenses.
19.4 Any Estimate given is merely an opinion to be used as a guide only and should not be relied upon as a representation as to the likely sale price of a Lot. Millpond Farm reserves the right to revise any Estimate at any time.
20. RESERVE PRICE
20.1 All Lots will be offered subject to a Reserve Price as agreed in writing between Millpond Farm and the Seller and, once a reserve has been agreed, it may be changed only with Millpond Farm consent.
20.2 The Reserve Price includes the Seller's Commission due to be paid on the sale of the item to Millpond Farm at the Published Rates unless otherwise agreed in writing, and Millpond Farm reserves the right to lower its commission and sell the item at a net of the Reserve Price should it choose to do so.
20.3 The Seller shall not bid for its own Lot, nor employ any third party to bid on its behalf. Millpond Farm alone shall have the right to bid on behalf of the Seller up to the amount of the Reserve Price. If this Condition is breached the Seller must pay Millpond Farm the Hammer Price together with the Seller's Commission, the Buyer's Premium and all Expenses associated with the sale of the Lot. If payment is not received within two (2) working days from the date of sale, Millpond Farm will be entitled at it's discretion to the remedies set out in Condition 11 without prejudice to any other rights and remedies available.
21. WITHDRAWAL FEE
21.1 Millpond Farm will be entitled to receive from a Seller a withdrawal fee if the seller withdraws a Lot from sale within eight (8) weeks of the date of the auction or at any time after signing a written agreement with Millpond Farm to sell the Lot.
21.2 The withdrawal fee will be a charge equal to the sum of the Buyer's Premium, the Seller's Commission and all Expenses payable by the Seller to Millpond Farm. If no Reserve Price has been agreed, the Buyer's Premium and Seller's Commission shall be calculated according to the figure at which the Lot is valued (as determined by Millpond Farm).
22. PAYMENT OF PROCEEDS OF SALE
22.1 The Seller shall be entitled to receive from Millpond Farm the Proceeds of Sale. The Seller authorises Millpond Farm to deduct from such percentage of the Hammer Price as is received from the Buyer, the Seller's Commission, any Expenses and any other amounts owed by the Seller to Millpond Farm under the Conditions of Business.
22.2 The Seller acknowledges that notwithstanding that Millpond Farm acts as agent for the Seller, Millpond Farm retains the relevant Buyer's Premium.
22.3 Millpond Farm shall pay the Proceeds of Sale to the Seller seven days after the date of sale if Millpond Farm has by then been paid the Purchase Price in full by the Buyer and Millpond Farm has not received any notice from the Buyer under Condition 3. Until such time as the Proceeds are paid to the Seller they shall be kept in Millpond Farm's audited Trust Account at the Braidwood branch of Bendigo Bank.
22.4 If within seven days after the date of sale Millpond Farm has not received the Purchase Price in full from the Buyer in either cash or cleared funds, then Millpond Farm will pay the Proceeds of Sale within seven working days after the date on which the Total Purchase Price in full is received from the Buyer.
22.5 If before the Total Purchase Price is paid in full by the Buyer, Millpond Farm pays the Seller an amount equal to the Proceeds of Sale, property in the Lot shall pass to Millpond Farm.
23. COLLECTION OF THE TOTAL PURCHASE PRICE
23.1 If the Buyer fails to pay to Millpond Farm the Total Purchase Price and any other amounts owing within one month after the date of sale, Millpond Farm may assist the Seller to recover the Purchase Price from the Buyer at the Seller's expense.
23.2 Millpond Farm will not be obliged to issue proceedings against the Buyer in its own name.
23.3 Millpond Farm reserves the right at its absolute discretion and is hereby authorised at the Sellers expense, to agree special terms for payment of the Total Purchase Price, to remove, store and insure the Lot sold, to settle claims made by or against the Buyer on such terms as Millpond Farm shall think fit, and to do all such things as are necessary to collect monies due from the Buyer including all remedies set out in Condition 11 and, if appropriate, to set aside the sale and refund money to the Buyer.
24. COLLECTION OF UNSOLD LOTS
24.1 Lots which do not reach their Reserve Price or are otherwise unsold at auction must be collected at the Sellers expense, within two (2) days of the date of the auction. If a Seller does not collect the Lot within two (2) working days Millpond Farm will be entitled to claim from the Seller all Expenses associated with the Lot including but not limited to all removal, storage, insurance and Warehouseman's Charges. It will be the responsibility of the Seller to contact Millpond Farm to enquire as to whether a Lot has been sold.
24.2 If a Seller:
(i) fails to collect a Lot from Millpond Farm within six (6) months after the date of delivery of the Lot to Millpond Farm, and
(ii) if there remains an outstanding payment owed by the Seller to Millpond Farm in respect of Warehouseman's Charges, then Millpond Farm will be entitled to sell the Lot pursuant to the terms and procedures as set out in the Warehousmen's Liens Act 1935 (Cth) and claim all reasonable Warehouseman's Charges, as set out in section 4 of that Act.
24.3 All Lots in Millpond Farm possession are stored and insured at the Seller's risk and expense and will not be insured in transit unless Millpond Farm is expressly instructed in writing to do so by the Seller. Millpond Farm will not be liable for any acts or omissions in this regard.
24.4 If any Lot does not reach it's Reserve Price or is otherwise unsold at auction, Millpond Farm is authorised as the exclusive agent for the Seller for a period of sixty (60) days following the auction to sell such Lot privately for a price that will result in a payment to the Seller of the Proceeds of Sale, calculated in the same way as if the Lot had been sold at auction. In such events the Seller's obligations to Millpond Farm hereunder with respect to such a Lot are the same as if it had been sold at auction.
25. MILLPOND FARM INSURANCE COVER
25.1 No Lots will be insured by Millpond Farm at the Seller's expense unless otherwise agreed in writing and according to the Conditions set out below. Where lots are insured by Millpond Farm such cover will commence from the time the Lot is delivered to Millpond Farm until the earlier of: (i) if the Lot is sold at auction, the time when the risk passes to the Buyer, (this will generally be two (2) working days after the date of the sale); or (ii) if the Lot is not sold at
auction, the time when the Lot is collected by the Seller; or if the Lot is not sold at auction and is not collected by the Seller, the time when risk passes to any post-sale Buyer.
25.2 Lots insured by Millpond Farm will be covered at the Seller's expense at the rate of 1.5% per annum of the Hammer Price if the Lot is sold, or the Reserve Price if the Lot is not sold, or where no Reserve Price is agreed, at 1.5% per annum of the figure at which the Lot is valued (as determined by Millpond Farm).
25.3 The Seller agrees that any insurance claim for loss or damage is limited to either the Hammer Price, the Reserve Price, or the figure at which the Lot is valued as applicable less the Seller's Commission and any Expenses.
25.4 Millpond Farm insurance will not cover any loss or damage whatsoever occurring as a result of:
(a) changes in temperature or humidity; or
(b) gradual deterioration of the Lot occurring in the normal course; or
(c) any inherent fault or defect; or
(d) war or any weapons of war; or
(e) errors in processing; or
(f) any third party dealing with the Lot for whatever reason with your consent; or
(g) any damage whatsoever to any frame, glass or glass dome.
25.5 If a Seller does not collect a Lot within sixty (60) working days after the date of the auction the Lot will be held by Millpond Farm entirely at the Seller's risk and expense. Millpond Farm may in it's discretion elect to insure the Lot at the Seller's expense under the same Conditions as those set out above.
26. SELLER'S INSURANCE COVER
26.1 Where Millpond Farm has agreed with the Seller that the Seller will be responsible for maintaining insurance cover, the Seller must:
(i) provide Millpond Farm with a letter of indemnity signed by the Seller which indemnifies Millpond Farm for any claim whatsoever for loss, damage or costs in respect of the Lot, and;
(ii) agree to waive all claims or rights against Millpond Farm and re-imburse Millpond Farm for any and all Expenses (including but not limited to all legal and administrative fees) incurred as result of any claim made against Millpond Farm by any third party.
26.2 If all documents required in this Condition are not received by Millpond Farm within seven (7) days of the date of delivery of the Lot, Millpond Farm may at it's discretion elect to insure the Lot at the risk and expense of the Seller according to the terms set out in Conditions 13 and 26 above.
27. RESCISSION OF SALE IN CASE OF FORGERY
If within one week from the date of sale a Buyer satisfies Millpond Farm that a Lot purchased by that Buyer is a forgery and satisfies any other condition set out in Condition 3 of this document, Millpond Farm shall rescind the sale and shall be entitled to claim from the Seller any Proceeds of Sale paid by Millpond Farm to the Seller and any Expenses incurred in connection with the Lot. Millpond Farm will if possible return the Lot to the Seller, upon receipt in cleared funds of all amounts owed under this Condition.
28. ACTION TAKEN AGAINST BUYER FOR NON PAYMENT
28.1 The contract of sale will be between the Buyer and Seller. In the event that a Buyer does not pay the Total Purchase Price, Millpond Farm is not obliged to enforce payment, to commence proceedings or do any other thing to recover the payment. Millpond Farm may however at it's discretion enforce any of the remedies set out in Condition 10 and 11 above or any other remedy against the Buyer.
28.2 The Seller will be obliged to notify Millpond Farm if any action whatsoever is taken to recover the Total Purchase Price or any other amount owed by the Buyer. Millpond Farm may at it's discretion assist the Seller with any such action.
29. VALUATIONS AND SECURITY
29.1 Millpond Farm copies of your valuation are kept in a security area and are not filed with your name and address attached.
30. REPRODUCTION OF LOT IN CATALOGUE
If a Seller does not advise Millpond Farm in writing to the contrary, Millpond Farm may presume that the Seller is authorised to license Millpond Farm to reproduce the Lot in the Catalogue and that Millpond Farm is so licensed.
D INFORMATION FOR BUYERS AND SELLERS
31. GOVERNING LAW AND JURISDICTION
Any dispute arising out of or in connection with the sale of any Lot shall be determined by the law of the State of NSW in Australia and parties to such dispute consent to the nonexclusive jurisdiction of the courts of that State.
32. MILLPOND FARM RIGHTS
32.1 Millpond Farm has the right at its absolute discretion to refuse to admit any person to its premises or to attend or participate in its auctions.
32.2 Millpond Farm may withdraw or divide any Lot or combine two or more Lots.
32.3 A Seller's Reserve Price may be placed on the Lot offered for sale and such Reserve Price shall only be disclosed at Millpond Farm discretion.
33. COPYRIGHT AND OTHER RIGHTS
Millpond Farm does not make any representations or warranties, implied or expressed as to whether any Lot is subject to copyright or any other rights, nor whether the Buyer acquires any copyrights or other rights, including but not limited to any reproduction rights or broadcasting rights, in respect of any Lot sold.
34. IMPORT OR EXPORT RESTRICTIONS
Neither Millpond Farm nor the Seller make any representations or warranties, implied or expressed as to whether any Lot is subject to any import or export restrictions in respect of any State of Australia or any other country.
35. GST FOR BUYERS AND SELLERS
35.1 Millpond Farm will sell Lots at the Hammer Price, which is exclusive of GST. Any applicable GST in respect of the sale of the Lot must be paid by the Buyer to the Seller. Millpond Farm will provide the Buyer with a valid tax invoice in respect of any applicable GST. A Buyer must pay Millpond Farm the Hammer Price, (or agreed sale price in the case of post auction sales) the Buyer's Premium and any applicable GST. Millpond Farm will collect GST
as agent for the Seller and will hold any GST in trust to be passed on to the Seller. The Seller will then be liable to pay any applicable GST to the Australian Tax Office.
35.2 The Buyer is responsible for assessing whether any input tax credits are available in respect of any GST paid to Millpond Farm or the Seller and should obtain professional advice if necessary.
35.3 If a Lot is to be exported and a Buyer wishes to obtain a GST exemption, the Buyer must provide Millpond Farm with all relevant documentation within two (2) days of the sale.
35.4 Millpond Farm will charge GST on the Buyer's Premium and Seller's Commission in respect of Millpond Farm services associated with the sale. No exemption for GST will apply to the Buyer's Premium or the Seller's Commission.
36. NOTICES
36.1 Notices must be in writing and must be sent to the address of the party to be served or the address (physical or electronic) last known to the party serving the notice. They must be either:
(i) delivered personally; or
(ii) sent by registered post in which case that notice shall be deemed to have arrived within three days of having being sent by registered post if in Australia or twenty-one days if outside Australia; or
(iii) sent by e-mail in which case that notice shall be deemed to have been received on the day after it was sent upon proof that the transmission was satisfactorily completed; or
(iv) sent by facsimile in which case notice is deemed to be received when the completed transmission report is received, unless the person receiving the fax within a reasonable time informs the person transmitting the fax of an incomplete transmission; or the transmission is completed outside business hours in which case the notice is regarded as received at the commencement of business on the following business day in the place the facsimile is received.
37. DISPUTE RESOLUTION
37.1 In the event that there is a dispute between the parties to this Agreement the parties shall negotiate their differences in good faith. If the dispute cannot be resolved within fourteen days of the dispute arising, or such other time as the parties may unanimously agree, either party may forthwith serve notice on the other party requiring that the matter be referred to the Australian Commercial Disputes Centre Limited ("the ACDC") for conciliation to be
conducted in accordance with the Conciliation Rules of ACDC in force at that time.
37.2 In the event that the dispute has not been resolved within twenty-one days (or such other period as may be agreed by the parties) after the appointment of the conciliator, the dispute shall be submitted to arbitration, administered by the ACDC.
37.3 The arbitrator shall be agreed between the parties from a panel suggested by the ACDC or failing agreement an arbitrator appointed by the Secretary General of the ACDC.
37.4 The arbitrator shall not be the same person as the conciliator.
38. ILLUSTRATIONS, PHOTOGRAPHS AND OTHER IMAGES
Images of Lots may be reproduced by Millpond Farm either by photograph, illustration, on video screen, electronically through Millpond Farm Website or otherwise. Millpond Farm may use such images at it's discretion for any purpose. Millpond Farm is not responsible for any errors, malfunctions or transmission difficulties associated with any image, or for the level of picture quality of any image, whether to the relevance or accuracy of any such image or otherwise. Millpond Farm retains the copyright in all images created by Millpond Farm of any Lot.
39. SEVERABILITY
If any parts of the Conditions of Business are for any reason held to be unenforceable, the remainder of them shall continue to operate in full force and effect.
40. MISCELLANEOUS
40.1 The Conditions of Business will be binding on any successor, assigns, trustees, executors, administrators, agents or representatives of any Buyer or Seller.
40.2 Where appropriate in these Conditions of Business and in any Catalogue, the singular shall include the plural and vice versa.
MILLPOND FARM CATALOGUING TERMINOLOGY
Millpond Farm Catalogues are intended to be clear and easy to read and understand. We take great pride in presenting an unbiased description of every item offered and are careful to inspect every item as closely as possible. The catalogue entries however are only provided as a guide and buyers must ensure that they satisfy themselves as to the nature of any item offered for their own benefit before bidding.
The following are examples of the style of terminology used in Millpond Farm catalogues.
1. An item catalogued with the first name(s) and last name of an artist, or craftsman, or the full name of a factory or manufacturer is in our opinion a work by that artist, craftsman, factory or manufacturer. When an artist's, craftsman's, factory's or manufacturer's full name(s) is not known, a series of asterisks replaces the unknown component of the name; e.g. By Gillow of Lancaster
2. An item catalogued as Attributed to...is in our opinion probably a work by the artist, craftsman, factory or manufacturer; e.g. Attributed to Armand Marseille
3. An item catalogued as Studio of... is in our opinion a work from the studio of the artist, craftsman, factory or manufacturer which may or may not have been executed under their/its direction; e.g. Studio of William Dobell
4. An item catalogued as Circle of... is in our opinion a work of the period of the artist, craftsman, factory or manufacturer executed under their/its immediate influence; e.g. Circle of Charles Mackintosh
5. An item catalogued as Follower of... is in our opinion a work by an artist, craftsman, factory or manufacturer working in the style of the original, contemporary or nearly contemporary, but not necessarily under their/ its control or guidance; e.g. Follower of Arthur Boyd.
6. An item catalogued as Manner of... is in our opinion a work in the style related to that of the artist, craftsman, factory or manufacturer but of a later date; e.g. Manner of Andrew Lenehan.
7. An item catalogued as After an artist, craftsman, factory or manufacturer is in our opinion a copy of any date after a work by that artist, craftsman, factory or manufacturer; e.g. After Gebruder Bing
8. The term signed and /or dated and /or inscribed means that in our opinion the signature and /or date and /or inscription are from the hand or workshop of the artist, craftsman, factory or manufacturer.
9. The term bears a signature and /or date and /or inscription means that in our opinion the artist's, craftsman's, factory's or manufacturer's name and /or date and /or inscription have been added by another hand.
10. An item catalogued as School accompanied by the name of the place or country and date means that in our opinion the item was executed at that time and in that location; e.g. Australian School, 19th Century.
11. All references to signature, inscriptions and dates refer to the present state of the work.
12. Dimensions are given in millimetres, height before width before depth.
13. Pictures are executed in oil on canvas unless otherwise stated.
14. Dates given for Motor Vehicles reflect our opinion as to the date of original manufacture of the model but not necessarily of that particular vehicle, as most vehicles include some replacement and other components of later manufacture.
15. Engine, Chassis and Frame numbers of Motor Vehicles are usually provided to Millpond Farm by the owner prior to our inspection and are subject in every instance to confirmation by potential buyers.
16. Any item described as "restored" has in our opinion undergone some refurbishment or attention to some or all components. The term "restored" does not reflect the extent of this work and buyers must satisfy themselves as to precisely what work has been and may be required to be completed on every item offered.
17. Where a Lot includes more than one item, the quantity of items included will normally be shown within brackets at the end of the catalogue entry; e.g. (17). If the number of items in a Lot is not specified, this is indicated by (qnty).
18. Lots listed in the catalogue as "Vacant Lots" represent spaces left for items which have arrived late and which could not be included in the main catalogue. Where these items have subsequently arrived details including a catalogue entry and estimate are published on an Addenda, available at Reception on the sale day.
