Auction Terms & Conditions

Terms of Sale

     1. Purchaser

The highest bidder shall be the purchaser. The auctioneer shall be the sole judge of who the highest bidder is.

  1. Disputes

In the event of any dispute, the auctioneer shall have absolute discretion to settle the dispute and may resubmit the lot for sale by auction at the sale in progress or as soon as practicable.

  1. Auction Contract

The purchaser and vendor authorise the auctioneer to sign the sale books on their behalf. These conditions, together with them, shall, except as otherwise provided by State or Federal Law, constitute the whole contract between the purchaser and the vendor to the exclusion of everything else.

  1. Withdrawal of Bids

Any bid acknowledged and relied upon by the auctioneer shall not be withdrawn.

    1. Purchaser

    (a) Registration Before Bidding

    Every Purchaser must, before making a bid at auction:

    1. i) Complete and sign a registration form
    2. ii) Provide identification

    iii) Read and agree to the Terms and Conditions of Sale.

    The purchaser must be over 18 years old and be legally able to enter into a contract.

    (b) Purchaser to Purchase as Principal

    The purchaser shall be deemed to purchase as principal unless twenty-four (24) hours before the sale, he shall have disclosed to the auctioneer that he will be bidding on behalf of a principal and shall supply:

    (i) A duly completed registration form indicating the full name and address of his principal and

    (ii) Written and duly signed authority authorising him to bid on behalf of the disclosed principal.

    The purchaser acknowledges that notwithstanding the authority to act as an agent, the purchaser will be personally responsible for all bids and payments.

  1. Auctioneer's Rights

The auctioneer reserves the following rights:

(a) To accept or refuse any bid without having to state any reason

(b) To withdraw from sale any lot described in the catalogue

(c) To refuse any person admission to or eject him from the auction site

(d) To keep secret the existence of a reserve price (if any) for a lot

(e) To bid on behalf of any prospective purchaser or vendor with or without disclosure

(f) If any lot is not sold at the auction, to offer & sell same immediately after that by private treaty.

  1. Reserve Price

This auction sale is subject to the reserve price (if any) for each lot specified by the vendor to the auctioneer.

  1. Details of Bidders

When called upon by the auctioneer, the purchaser shall give their full name and residential address.

  1. Payment

(a) All payments must be made in Australian dollars.

(b) Purchasers may only collect goods once full payment has been received.

(c) Payment for goods must be completed by 4:00 pm three days after the auction, and items must be collected within seven days unless otherwise agreed upon with Because Auctions before bidding. This excludes courier items.

(d) All shipping costs are the buyer's responsibility. Storage fees after one week will apply.

(e) For domestic shipments within Australia: Items will be dispatched via Australia Post with a signature on delivery or by a freight carrier for bulky or heavy lots.

(f) A $10 handling fee per lot will be applied. However, items requiring more intricate packing may incur an additional packing fee, which will be invoiced based on the time and materials used by Because Auctions for packing.

(g) We can help arrange the transportation of bulky or heavy items at no extra charge.

(h) Insurance costs are at the buyer's expense. For Australia Post items, insurance will be automatically calculated and added to the shipping invoice at $2.95 per $100.00 for the posted goods.

(I) For overseas shipments: Because Auctions is pleased to offer international shipping. Each item that meets our criteria for ease of packing will be invoiced for the time and materials used in the packing process. However, delicate, odd-sized, or bulky items will be dispatched via Pack n Send Campbelltown at the buyer's expense. Feel free to contact Because Auctions before the auction for a shipping estimate.

(j) A merchant Amex fee of 1.5% will apply only to payments made via the terminal at Because Auctions.

  1. Exclusion of Warranties

The auctioneer and the vendor make no warranties and give no guarantees other than any warranties implied by common law or by any State or Federal law, the exclusion of which warranties would render this condition void or voidable or which would constitute an offence by the auctioneer or the vendor.

All lots are available for inspection before the sale at the viewing time indicated in the catalogue and online. It is assumed that the goods have been inspected at all times. All lots are sold with all faults. No error or misdescription shall invalidate the sale, and the purchaser shall be bound to take delivery of the goods sold without allowance or abatement in price. Any deficiency in the quantity described shall not invalidate the sale. The auctioneer and the vendor shall be bound to deliver only what is in their possession.

All statements in the auction catalogue, advertisements or brochures for forthcoming sales are statements of opinion and are not to be relied on as statements or representations of fact. All intending bidders must satisfy themselves by inspection or otherwise as to the nature of the goods offered for sale.

No warranty shall be implied from any affirmation made at the time of sale or otherwise. Where an express guarantee or warranty (other than as aforesaid) is intended, the same shall attach and be enforceable only if reduced to writing and signed by the vendor or by the auctioneer as agent for the vendor.

  1. Knocked Down Goods at Purchaser's Risk

(a) Each lot shall be at the purchaser's risk from the fall of the hammer.

(b) Neither the auctioneer nor the vendor shall be accountable for any deficiency, damage or loss which may arise after the auction.

  1. Delivery & Removal

No lot shall be removed during the sale unless the auctioneer or catalogue specifies otherwise. Every lot shall be terminated with clearance from the auctioneer or staff.

Subject to Conditions 9 and 9A, all lots are to be delivered and the goods removed by the purchaser within the time specified in the catalogue.

All removals shall be at the expense and risk of the purchaser. In such removal, the purchaser shall do no damage and make good any damage which may be occasioned.

All lots must be paid for and removed by 4 pm Tuesday after the auction, except for those goods awaiting release removed by courier. The auctioneer may, after that, store any lot or part that the purchaser so moves. Goods not collected within the specified time range shall be subject to a $5.00 per day storage fee payable by the buyer to Because Auctions. All costs incurred by the auctioneer concerning storage shall be immediately payable by the purchaser to the auctioneer, and the auctioneer may sue for and recover the same as liquidated damages.

  1. Ownership of Goods

Notwithstanding Condition 12, ownership of lots sold shall not pass until payment in full of the purchase price.  

  1. Resale on Default

Suppose the purchaser shade faults any of their obligations under the conditions. In that case, the auctioneer shall be at liberty to sue the purchaser for damages and resell the lot in any manner and upon such terms as they deem proper.   

  1. Damages on Default

All losses, expenses and damages incurred by the vendor or auctioneer resulting from any resale under Condition 15 shall be recoverable from the purchaser as liquidated damages.

  1. Interpretation

(a) The headings of the clauses hereof are for convenience only and do not perform part of the context; the context is to be limited in any way by reference to such headings.

(b) 'Auctioneer' means "Because Auctions" and includes the auction person. 

(c) 'vendor' includes the offers of a subject lot and the person or company instructing the auctioneer to offer that lot for sale, where more than one is offered jointly and severally.

(d) 'lot' includes any goods and items deposited with the auctioneer, whether on its premises or elsewhere, with a view to its sale by auction.

  1. Buyer's Premium 
  • 22% inclusive of GST - In-Room Bidding
  • 24% inclusive of GST - Private Label via antiquesandinteriors.com.au 
  • 27% inclusive of GST - Invaluable.com.
  1. Copyright

No part of this catalogue may be reproduced, stored in a retrieval system or transmitted by any form or means without the auctioneer's written consent.

  1. Bidding.

(a) Bids may be made via online antiquesandinteriors.com.au, invaluable.com, telephone bids, absentee bidding, and from the floor.

(b) Bids are recorded in the order they are received. Where two bids are received for the same amount, preference is given to the first bid, which is an accepted offer from the floor.

(c) Telephone bids must be confirmed in writing at least two (2) hours before the auction, as the auctioneer will not accept responsibility for mistakes.

(d) The auctioneers reserve their rights to:

(e) Accept bids only from established purchasers

(f) All bids are handled in the strictest confidence.

(g) It is acknowledged that absentee bids are the maximum figure the bidder is prepared to pay for any lot, excluding the buyer's premium and GST. Bids of under 50% of the lower estimate will not be accepted

  1. Online Bidders

(a) Bidders intending to bid online must register via  https://connect.invaluable.com/because/ or https://www.invaluable.com/auction-house/because-auctions-4p9nlzkdkf/

(b) By registering to bid with Because Auctions, the bidder agrees to be bound by the Terms and Conditions of Sale as printed here.

(c) Registrations are processed for approval Monday through Friday, 9 AM-5 PM (AEST/AEDT) only. New registrations will be approved during the auction.

  1. Disclaimer of Liability

The purchaser acknowledges:

(a) That the auctioneer accepts no responsibility for any errors or omissions

(b) The Auctioneer is solely responsible for checking the bids

(c) That bids lodged cannot be returned

(d) The auctioneer is not liable for any defaults of the purchaser or the vendor.