Auction Terms & Conditions TERMS AND CONDITIONS: 1. Terms are all accounts paid within two days of the sale including Buyer premium. Bidders agree invoice payment being processed at closing time of auction with credit card registered at time of registration, unless it in writing prior to bidding. 2. The highest bidder shall be the Purchaser subject to a reserve price, if any. In the event of any dispute arising, unless one of the claimants will advance, the lot shall be put again and resold. The Auctioneer's decision will be final. 3. The entry of either the Purchaser's name or the Purchaser's bidding number in the case where the Purchaser's name has been entered in the bidder's register shall bind and institute the Purchaser to the lot sold and that entry may be made by the Auctioneer to the Auctioneer's Clerk. 4. Buyers shall pay to Winter Auctions the amount of premium applicable to each lot being sold at the auction as specified in the catalogue. 5. If demanded by the Auctioneer, a cash deposit of 25% shall be paid by the Purchaser, such deposit shall apply to any lots purchased. 6. All goods shall be at the Purchaser's risk from the fall of the hammer and neither the Auctioneer nor the Vendor shall be accountable for any deficiency damage or loss, which may arise thereafter. 7. The whole of the lots having been available for inspection, no allowance or refund will be made nor will any Purchaser be permitted to reject any lot on the grounds that is not correctly described in the catalogue or in any other publication, advertisement or oral announcement made prior to the sale. 8. The Purchaser agrees that All warranties and conditions on the part of the Vendor implied by statute or otherwise relating to the goods the subject of each lot are excluded to the maximum extent permitted by law; The Vendor or Auctioneer gives no condition or warranty whatsoever as to the condition or quality of the goods or as to their suitability or fitness for their ordinary or any special use or purpose, and the description of the goods in any publication, advertisement or other document or any other oral representation or description by the Vendor or Auctioneer shall not import any such condition or warranty on the part of the Vendor; It is the responsibility of the Purchaser to satisfy himself/herself as to the condition, quality, suitability and fitness of the goods for his/her purposes; The Purchaser accepts the goods with all faults and defects (if any). 9. Upon the Purchaser failing to comply with any of the conditions herein all moneys received in part payment shall be absolutely forfeited to the Vendor and all lots uncleared by the specific date may be resold by public auction or private contract and the deficiency (if any) on such resale together with all costs and charges attending shall be a liquidated debt due and owing and payable by the defaulting Purchaser immediately. 10. All electrical appliances and/or equipment are in a used condition. No warranty is given that their present condition complies with the safety requirements of any Government or semi-government authority. Purchasers shall be responsible for having such appliances and/or equipment examined and repaired by a registered electrical contractor as may be required by law, prior to their use. 11. Delivery of lots is not to be taken without a representative of the Auctioneer being present at the time. The Purchaser shall ensure that delivery is taken of all goods at the time of delivery. 12. Time shall be the essence of the sale of any lot. 13. The Auctioneer reserves the right to bid on behalf of the Vendor at any time at his discretion. The Staff of the Winter Auctions will endeavour to assist Purchasers with their acquisitions however they will not be held responsible for any accident or damage to Purchasers or acquisitions as a result of their assistance. Brisbane Auction Galleries shall have the right to refuse admittance to its premises or attendance at its auctions by any person. 14. A right to bid on behalf of the Vendor is expressly reserved. 15. In these circumstances the word "Auctioneer" means "Winter Auctions" except that where the context so permits it shall include the person conducting the auction. SPECIAL NOTE TO PURCHASERS 1. Attention is drawn to Clause 8 and 9 of the Condition of Sale 2. All persons entering on to the sale site do so at their own risk. The Vendor and the Auctioneer accept no responsibility for any claim, demand, action or proceeding whatsoever and whether arising out of personal injury or property damage. 3. Art work is sold as described, with the best of intentions. Purchasers should satisfy themselves as to the authenticity of each work purchased and notify Winter Auctions within ten (10) working days of the date of the sale should the authenticity of the picture be in doubt. No discussion or liability will be accepted after that time. 4. Measurements given in descriptions are given as guide only. No responsibility is given to mismeasurements. SERVICE TERMS AND CONDITIONS ACCEPTANCE OF TERMS Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap USE AND REGISTRATION Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC. REGISTRATION OBLIGATIONS In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). DESCRIPTIONS OF SERVICE Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections. HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions. The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding. INTERNET ABSENTEE BIDDING Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction. INTERNET-ONLY AUCTIONS Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction. WEBCAST AUCTIONS Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live". Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid. When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels). The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions. Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration. Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms. BIDDING The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal. Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement. The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers. Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers. THE WINNING BID The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid. NOTICE OF END OF SALE, PAYMENT & SHIPPING After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions. BUYER'S PREMIUM, TAXES AND DUTIES If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on