Kyneton Auctions acts as an agent for the seller in relation to the sale of a lot and is not responsible for any default by either the seller or the buyer.
Any estimated selling range provided by Kyneton Auctions is a statement of opinion only and should not be relied upon as a representation of the actual sale price.
WARRANTIES OF SELLER
The seller warrants to Kyneton Auctions and the buyer that:
- The seller owns the lot, or is duly authorised by the owner to sell the lot.
- The lot is free from all charges, encumbrances, registered security interests, and third-party claims, including claims by a spouse or partner.
- The seller has complied with all legal requirements relating to the import or export of the lot and has disclosed in writing any previous noncompliance by third parties.
- The provenance and authenticity of the lot are true and accurate.
- The lot is fit for purpose, safe for its intended use, and free from any defect not visible upon reasonable inspection.
- The seller has disclosed in writing any restorations, alterations, authenticity concerns, or relevant provenance details.
- All lot descriptions comply with warranties implied by Australian consumer law.
PAYMENT TO SELLER
Kyneton Auctions is only liable to pay sale proceeds to the seller once cleared funds have been received from the buyer.
Payment to the seller will be made within fourteen (14) days, excluding public holidays, from the date of receipt of cleared funds.
COLLECTION OF LOTS
- A seller may withdraw a lot from a subsequent auction only by physically collecting the lot within seven (7) days following the previous auction.
- If a lot remains unsold after two auctions, it must be collected immediately after the second auction.
- Any lot not collected within three (3) days after notification or the second auction will be considered abandoned.
After fourteen (14) days, Kyneton Auctions, at its sole discretion, may:
- (a) Remove, store, and insure the lot at the seller’s expense;
- (b) Resell the lot by auction or private sale; or
- (c) Dispose of or donate the lot to charity if resale is not practical.
- Kyneton Auctions takes no responsibility for loss, theft, damage, or disposal of any uncollected lots after this period.
FEES & CHARGES
- Selling commission: 20% (inclusive of GST, photography, indemnity, and insurance fees).
- Lot fee: $6 per item.
- Buyer’s premium: 23% (inclusive of GST), added to the hammer price.
All sellers and buyers should factor these fees into their auction planning.
WITHDRAWAL OF A LOT
A seller may only withdraw a lot from its initial auction by written notice signed by the seller.
If a lot is withdrawn after cataloguing or promotion, a withdrawal fee will apply, based on the timing of withdrawal and work already completed by Kyneton Auctions.
SELLER INDEMNITY FOR COSTS
If Kyneton Auctions incurs any legal or other costs in defending ownership disputes, authenticity claims, or misrepresentation issues, the seller agrees to indemnify Kyneton Auctions for all such costs.
APPLICATION OF SALE PROCEEDS
Kyneton Auctions is authorised to deduct any owed fees, expenses, or withdrawal charges from the sale proceeds before remitting payment to the seller.
MARKET VALUES AND PRICE GUARANTEES
Kyneton Auctions does not guarantee prices or sale outcomes.
All final prices are determined solely by market demand and bidder interest at the time of auction.
Estimated price ranges and opinions are provided in good faith but are not representations, warranties, or promises of final sale value.
GENERAL
- These terms are governed by the laws of Victoria, Australia.
- Attendance at or participation in an auction constitutes acceptance of these Terms and Conditions.
- A hard copy of these General Conditions of Business is available upon request from any Kyneton Auctions staff member.