1. Agreement
These Terms and Conditions govern all property consigned to Welwyn Auctions ("Welwyn", "we", "our" or "us") for sale by auction or private treaty.
By delivering property to Welwyn Auctions or instructing Welwyn Auctions to collect property on your behalf, you ("the Consignor") agree to be bound by these Terms and Conditions.
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2. Authority to Sell and Title
The Consignor warrants that:
• They are the legal owner of the property consigned for sale or are duly authorised by the legal owner to consign and sell the property;
• The property is free from any undisclosed lien, charge, security interest, encumbrance or third-party claim;
• Good and marketable title can be transferred to a purchaser; and
• All information supplied regarding ownership, provenance and authenticity is accurate to the best of their knowledge.
The Consignor agrees to indemnify Welwyn Auctions, its directors, employees, agents and purchasers against any loss, damage, claim, cost or expense arising from any breach of these warranties.
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3. Disclosure Obligations
The Consignor must disclose all material information known to them concerning a lot, including but not limited to:
• Repairs, alterations or restorations;
• Gemstone treatments or enhancements;
• Synthetic or laboratory-grown gemstones;
• Replacement stones or components;
• Previous certificates or valuations;
• Provenance documentation;
• Ownership disputes or claims; and
• Any information that may affect the value, authenticity, desirability or marketability of the property.
Failure to disclose material information may result in cancellation of the sale, rescission of the transaction and recovery of all associated costs from the Consignor.
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4. Delivery of Property
Property delivered to Welwyn Auctions shall be deemed accepted for consideration for sale subject to these Terms and Conditions.
Welwyn Auctions reserves the right to refuse any property it considers unsuitable for sale.
At least 24 hours' notice should be provided prior to delivery. Goods may not be delivered during auction viewing periods or auction days without prior arrangement.
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5. Vendor Commission and Fees
Unless otherwise agreed in writing, the following charges apply:
• Vendor Commission: 10% of the hammer price plus GST.
• Administration Fee: $5 per lot plus GST.
• Photography: No charge.
• Unsold Fee: No charge.
• Withdrawal Fee: Refer to Clause 16.
All fees are subject to GST where applicable.
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6. GST and ABN Requirements
Consignors selling goods in the course of a business must provide their ABN and advise whether they are registered for GST.
The Consignor is responsible for complying with all taxation obligations arising from the sale of their property.
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7. Reserves
Lots with an estimated value of $100 or less may be offered without reserve.
Reserve prices must be agreed between Welwyn Auctions and the Consignor prior to auction.
Unless otherwise agreed in writing, reserve prices are subject to a 10% auctioneer's discretion.
The Consignor must not bid on their own property directly or indirectly through another person.
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8. Auction Selection and Lotting
Welwyn Auctions shall determine the most appropriate auction, catalogue placement, lot order, grouping, photography, marketing strategy and presentation of all property.
Welwyn Auctions reserves the right to:
• Amend catalogue descriptions;
• Revise estimates;
• Divide or combine lots;
• Change the order of sale;
• Transfer a lot to another auction; and
• Withdraw a lot where necessary.
Any estimate provided by Welwyn Auctions is an opinion only and does not constitute a guarantee of sale price.
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9. Descriptions and Opinions
Catalogue descriptions, condition reports, estimates, gemstone identifications, metal assessments, photographs and verbal statements are statements of opinion only.
Any representation concerning attribution, authorship, age, provenance, maker, authenticity, condition, gemstone identification, metal fineness, value or quality is based on information available at the time and shall not be construed as a warranty or guarantee.
The Consignor acknowledges that gemstone identifications, metal assessments and similar opinions are generally based upon non-destructive testing methods unless otherwise stated.
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10. Counterfeit, Stolen or Restricted Property
Welwyn Auctions reserves the right to refuse, withdraw, retain or report any property that it reasonably suspects:
• Is counterfeit or materially misdescribed;
• Has been stolen or unlawfully obtained;
• Is subject to a third-party ownership claim;
• Breaches applicable laws or regulations; or
• Is unsuitable for sale.
The Consignor agrees to cooperate fully with any investigation relating to such property.
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11. Insurance and Risk
Property remains at the Consignor's risk unless insurance has been specifically requested and accepted by Welwyn Auctions.
Where insurance is arranged, a premium of 1% of the declared insured value will apply unless otherwise agreed.
Insurance arranged by Welwyn Auctions covers loss arising from fire, theft following forcible entry and water damage while the property is in our possession.
Except where caused by the negligence of Welwyn Auctions, its employees or agents, Welwyn Auctions shall not be liable for accidental loss, damage, deterioration, theft or destruction of any property.
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12. Storage Prior to Auction
Goods stored pending auction are held without charge for a reasonable period.
Welwyn Auctions reserves the right to charge storage fees of $5 per lot per day where goods remain in storage for extended periods prior to auction.
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13. Unsold Lots
Welwyn Auctions may, at its discretion, re-offer unsold lots in a future auction.
Unless alternative written instructions are received within three (3) days of notification, unsold lots may be re-entered into a future auction without reserve.
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14. Private Treaty Sales
If a lot remains unsold at auction, Welwyn Auctions is authorised to negotiate a private sale at or above the reserve price, or within the auctioneer's agreed discretion.
The same commission rates and conditions applicable to auction sales shall apply to private treaty sales.
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15. Buyer Default
If a purchaser fails to complete a transaction, Welwyn Auctions may:
• Cancel the sale;
• Re-offer the lot;
• Negotiate a private treaty sale;
• Retain any purchaser deposit; and
• Take recovery action as it considers appropriate.
Welwyn Auctions shall not be liable to the Consignor for losses arising from purchaser default.
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16. Withdrawal of Lots
The Consignor may withdraw a lot before auction.
Where a lot is withdrawn after cataloguing, photography or marketing has commenced, Welwyn Auctions may charge a withdrawal fee equal to 10% plus GST of the midpoint between the published low and high estimate.
Any expenses already incurred by Welwyn Auctions may also be charged to the Consignor.
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17. Rescission and Settlement of Claims
Where a purchaser raises a claim concerning title, authenticity, provenance, ownership, description or condition, Welwyn Auctions may investigate and, acting reasonably, settle the claim.
Where Welwyn Auctions determines the claim is justified, it may rescind the sale and refund the purchaser.
The Consignor shall reimburse Welwyn Auctions for any proceeds previously remitted together with any associated costs where the claim arises from circumstances attributable to the Consignor or the property.
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18. Collection of Unsold Property
The Consignor must provide at least 24 hours' notice before collecting unsold or withdrawn property.
Property will not be released until all outstanding fees and charges have been paid.
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19. Storage After Auction and Abandoned Property
Unsold or withdrawn property must be collected promptly following notification.
Storage charges of $10 per lot per day may apply from the first Monday following the auction unless alternative arrangements have been agreed.
Property remaining uncollected for more than 30 days after notice may be sold, disposed of or otherwise dealt with by Welwyn Auctions to recover storage fees, transport costs and other monies owing.
Any balance remaining after deduction of charges will be remitted to the Consignor.
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20. Authority to Deduct Charges
The Consignor authorises Welwyn Auctions to deduct from sale proceeds:
• Commission;
• Administration fees;
• Insurance premiums;
• Storage charges;
• Transport costs;
• Marketing expenses (where agreed); and
• GST and other applicable charges.
Welwyn Auctions shall retain any Buyer's Premium separately and in addition to Vendor charges.
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21. Payment of Sale Proceeds
Sale proceeds will be remitted to the Consignor within twenty-one (21) days following the auction, provided cleared funds have been received from the purchaser.
If the purchaser has not paid within this period, settlement will occur within five (5) business days of cleared funds being received.
Welwyn Auctions may pursue recovery action against a defaulting purchaser but is not obliged to commence legal proceedings.
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22. Photography and Marketing
The Consignor authorises Welwyn Auctions to photograph, reproduce, publish and promote consigned property in catalogues, websites, social media, advertising and other promotional materials.
All photographs, catalogue descriptions and marketing materials created by Welwyn Auctions remain the property of Welwyn Auctions and may be used whether or not the property is sold.
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23. Online Auctions and Technology
Welwyn Auctions may conduct auctions through online bidding platforms and other electronic systems.
Welwyn Auctions shall not be liable for losses arising from internet outages, platform failures, software malfunctions, transmission delays or other technical interruptions beyond its reasonable control.
Welwyn Auctions reserves the right to suspend, postpone or recommence an auction where necessary.
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24. Indemnity
The Consignor agrees to indemnify and hold harmless Welwyn Auctions, its partners, employees and agents against any claim, liability, damage, loss, expense or legal cost arising from:
• Ownership disputes;
• Defects in title;
• Breach of these Terms;
• Misrepresentation by the Consignor;
• Failure to disclose material information; or
• Any third-party claim relating to the consigned property.
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25. Limitation of Liability
To the fullest extent permitted by law, Welwyn Auctions shall not be liable for any indirect, consequential or economic loss suffered by the Consignor.
Any liability of Welwyn Auctions in connection with a consignment shall be limited to the net sale proceeds actually received by Welwyn Auctions for the relevant lot.
Nothing in these Terms excludes, restricts or modifies any rights that cannot be excluded under applicable law, including the Australian Consumer Law.
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26. Access to Premises
Any person attending Welwyn Auctions' premises does so at their own risk.
Welwyn Auctions reserves the right to refuse admission or require any person to leave its premises.
Except where caused by negligence, Welwyn Auctions accepts no liability for personal injury, loss or damage suffered while attending its premises.
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27. Identification and Compliance
Welwyn Auctions reserves the right to request identification, proof of ownership, provenance documentation, import/export records or other information reasonably required to comply with applicable laws and internal compliance procedures.
Failure to provide requested information may result in refusal of consignment, withdrawal of property from sale or delayed settlement.
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28. Governing Law
These Terms and Conditions are governed by the laws of Western Australia.
Any dispute arising from these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Western Australia.
