Buying, Selling & Auction Conditions
- Buying Art at Auction
- Auction Viewing
- Bid Registration
- Absentee Bids
- Telephone Bids
- Online Bids
- Bidding Increments
- Buyer's Premium
- Invoicing & Collection
- Selling Art at Auction
- Auction Catalogue & Terms
- Terms & Conditions
Currently bidding at live auctions is restricted in audience numbers.
Clients can bid at a live auction by pre-registering in advance, for either Absentee Bidding or Telephone Bidding.
Clients can also participate in our auctions online via a separate live bidding platform, Invaluable.com. First-time users will be required to register with Invaluable.com in order to obtain a pre-approval status. Colville Auctions recommends clients register at least 24 hours prior to the commencement of the auction. Once registered, clients will automatically be pre-approved for online bidding on all future Colville Auctions listed via Invaluable.com.
Please note that online Invaluable.com registration is separate from our direct Colville Auctions registrations.
Clients can view our auctions live online, free of charge, via Invaluable.com without registering with this service.
Please contact us if you have any questions about the buying process or refer to our 'Terms and Conditions' section within this guide for further information.
Auction viewings are presented four days prior to the live auction, providing art collectors with the opportunity to experience and examine works in closer proximity.
Request Private Auction viewing
Alternatively, were collectors are unable to attend, additional images and information may be provided by email.
View Colville Auctions gallery location.
With Current restrictions Colville Auctions will operate ‘live’ auctions, clients can preview works on our viewing days prior to auction, By Private Appointment, however there will not be the live event for audience in the room at this time.
We encourage interested parties to register bids through Telephone Bidding, Absentee Bidding paths or the online auction bidding through Invaluable.
Absentee bids are accepted on all works at auction, allowing clients to bid without attending the auction. An absentee bid is the maximum hammer price that the auctioneer, acting as your representative, can bid up to on your behalf. The auctioneer will purchase the work on your behalf for the lowest bid amount possible. If you would like to place an absentee bid please complete the Absentee Bidding Form.
Absentee bids must be received a minimum of twenty-four hours prior to auction. All absentee bids received will be confirmed by email or phone. In the event that confirmation is not received, please resubmit or contact our office.
If you are a successful bidder an invoice will be sent to you via email within a day of the auction. If your absentee bid is not successful you will be contacted via phone or email within a day of the auction.
Telephone bids are accepted on all works at auction, allowing clients to actively participate in the auction bid without attending the auction. The Phone Bidder representative from Colville Auction will contact you the day of the auction to confirm you preferred contact number. The Phone Bidder representative from Colville Auction will ring approximately 4 lots prior to your nominated lot and will relay the auction’s bidding progress and if instructed will bid on your behalf.
If you would like to place a telephone bid please complete the Telephone Bidding Form.
Phone bids must be received a minimum of twenty-four hours prior to auction. All phone bids received will be confirmed by email or phone. In the event that confirmation is not received, please resubmit or contact our office.
If you are a successful bidder an invoice will be sent to you via email within a day of the auction.
Online Bids are registered through Invaluable Auctions, which connects you directly to the saleroom via your PC using a real time link, allowing you to place your bids online throughout the auction.
Colville Auctions partnership with Invaluable allows Price Parity where you pay no additional fees bidding through Invaluable but the same as bidding on the floor in the saleroom.
Invaluable Auctions Online Bidding
The auctioneer may accept bids from the floor, telephone, absentee and online bids. Bidding will generally open below the listed pre-sale estimate and proceeds in the following increments. The auctioneer may vary the bidding increments at their discretion. Bids placed out of increment will be reverted back to the preceding bidding increment.
$100 – $200 by $50
$200 – $1,000 by $100
$1,000 – $3,000 by $100
$3,000 – $5,000 by $200
$5,000 – $10,000 by $500
$10,000 – $20,000 by $500
$20,000 – $30,000 by $1,000
$30,000 – $50,000 by $2,000
$50,000 – $100,000 by $5,000
$100,000 – $200,000 by $10,000
In exchange for services rendered by Colville Auctions, a ‘buyer's premium’ is calculated at 20% + GST for sales, of the hammer price.
With respect to each lot purchased, the buyer agrees to make the following payments within seven days from the date of sale:
a. The hammer price.
b. In exchange for services rendered by Colville Gallery, a ‘buyer’s premium’ is calculated at 20% + GST for sales, of the hammer price.
c. Post sale packing, handling, shipping and storage where applicable.
d. If payment is made via Visa, MasterCard or American Express, merchant fees payable of 2% to Colville Auctions on the transaction as indicated in the prospective buyers and sellers guide. Payment must be made within seven days of the date of sale in Australian dollars by cash, cheque, direct debit, approved credit cards or electronic funds using account details provided on the invoice.
Collection of work from the gallery can proceed from the day following the auction and presentation of payment advise, or EFPOS at the time. Please book an appointment time to collect your artworks.
Colville Auctions can assist with shipping agents for interstate and overseas clients. Please email with your request.
Where collection has not occurred 3 days after auction , unless otherwise agreed, storage fee applicable at $500 per week
Colville Auctions offers complimentary art appraisals and advice on selling works of art at auction and through private sales. We provide expertise and market knowledge of Australian and International Fine art
Written auction proposal are considered and researched. Recommended auction estimates take into account prices paid for comparable material at auction over past recent years, and potential placement in the current market.
Our marketing strategy is clearly explained together with selling commission rates and associated costs. Assistance with logistical aspects are addressed including transport, insurance and storage needs.
Please submit your art for appraisal using the linked form. Alternatively please email: email@example.com or phone 0419 29 2626 to speak with an art specialist.
Colville Auctions Director, Trudi Curtis, is an Accredited Commonwealth Valuer Australian Art 1770 - Current, and extensive experience in the art market. We can offer both auction appraisal and more formal art valuation services.
We value art on a regular basis for the Cultural Gifts Program, that offers tax incentives for donations to registered public institutions.
Valuation services also cover a wide range of needs for corporate and private clients including insurance, market, family division, probate and superannuation fund valuations.
Valuation fees vary according to the category as well as the time required for completion. Fees may be reimbursed if the works of art valued are subsequently sold with Colville Auctions. There are no fees for auction appraisals and accompanying proposals.
Please contact us to discuss valuation services.
All information published in Colville Auctions catalogues in association with auctions represent statements of opinion and should not be relied upon as fact. All dimensions are listed in centimetres, height before width, before depth and are approximate. All prices are in Australian dollars.
Explanation of Catalogue Practice & Terms
ARTIST’S NAMES - All reference to artists make use of common and not full names in accordance with the standards outlined in the National Gallery of Australia reference publication Australian Art- Artist’s working names authority list. For instance, John Brack rather than Cecil John Brack; Roy de Maistre rather than Leroy Leveson Laurent De Maistre; Rosalie Gascoigne rather than Rosalie Norah Gascoigne.
Terms used in this catalogue have the meanings ascribed to them below:
a. Edith Holmes: in the opinion of Colville Auctions, a work by the artist.
b. Attributed to Edith Holmes: in the opinion of Colville Auctions, probably a work by the artist, in whole or in part.
c. Circle of Edith Holmes: in the opinion of Colville Auctions, a work showing the influence and style of the artist and of the artist’s period.
d. Studio/Workshop of Edith Holmes: in the opinion of Colville Auctions, a work possibly executed under the supervision of the artist.
e. School of Edith Holmes: in the opinion of Colville Auctions, a work by a follower or student of the artist.
f. Manner of Edith Holmes: in the opinion of Colville Auctions, a work created in the style, but not necessarily in the period, of the artist.
g. After Edith Holmes: in the opinion of Colville Auctions, a copy of a work by the artist.
h. “signed” / “dated” in the opinion of Colville Auctions, the work has been signed/dated by the artist.
i. “bears signature” / “bears date” in the opinion of Colville Auctions, the work has possibly been signed/dated by someone other than the artist.
1. Definitions of terms:
a. The ‘buyer’ refers to the party with the highest accepted bid for any lot at auction and/or such party’s principal where bidding as agent.
b. The ‘vendor’ refers to the party consigning property for sale and/or such party’s principal where acting as agent.
c. ‘Colville Auctions’ reference to Colville Auctions Pty Ltd ABN 96 640 592 310
d. The ‘hammer price’ refers to the final bid price (including and GST) accepted by the auctioneer, or in the case of a post-auction sale, the agreed price (including GST).
e. The ‘buyer’s/ vendor’s premium’ is calculated at 20% + GST for sales Payable by the buyer calculated as a percentage of the hammer price.
f. ‘GST’ refers to the goods and services tax imposed by the A New Tax System (Goods and Services) Act 1999 as amended.
g. The ‘lot’ refers to the item(s) described against any lot number in the catalogue.
h. The ‘reserve’ refers to the minimum price (including any GST) the consignor will accept for a lot.
2. CONDITIONS OF AUCTION AND SALEThe terms and conditions of business set forth below are subject to amendment by verbal or written notice prior to and during the auction and sale. They constitute the entire contractual agreement with the buyer in respect to any lot offered at auction. By bidding at auction in any manner compliant with bidding procedures, the buyer and all bidders agree to be bound by these terms and conditions and the terms of the prospective buyers and sellers guide contained in the catalogue, as amended. To the extent that an agent acts on behalf of the buyer, liability for obligation arising from these conditions of business will pass to the buyer. Multiple buyers are jointly and severally liable for obligations arising from this agreement.
3. LAW AND JURISDICTIONThe rights and obligations of the parties with respect to these Conditions of Sale, the conduct of the auction and any of the foregoing shall be governed and interpreted by the laws of the jurisdiction in which the auction is held. By bidding at auction, whether present in person or by agent, by written bid, telephone bid or other means, the buyer shall be deemed to have submitted for the benefit of Colville Auctions, to the exclusive jurisdiction of the courts of that country, state or province and (if applicable) of the federal courts sitting in such state.
PRELIMINARY CONDITIONS AND DISCLAIMERIf you wish to bid in a sale, we encourage you to read the
Conditions of Sale which appear in this catalogue. The Conditions of Sale outline the terms
governing the purchase of property sold at auction. Colville Auctions will sell property to be
auctioned on a GST exclusive basis. The asterisk shaped symbol “*” indicates lots that are
subject to payment of GST by the purchaser in addition to the hammer price and the buyer’s
premium. The buyer’s premium will also be subject to GST.
CONDITIONS OF SALE
4. Colville Auctions as Agency:Colville Auctions acts as agent for the vendor and the contract of sale for the lot will be between the buyer and the vendor. The contract for the sale of the property is therefore made between the seller and the buyer.
5. RESERVESThe reserve is the minimum price the vendor is willing to accept and below which a lot will not be sold. This amount is confidential and will not exceed the low pre-sale estimate. Property offered for sale without a reserve is identified by the plus shaped symbol “+” next to the lot number. GST SYMBOL Please note the following GST symbol “*”. This symbol indicates that the lot has been consigned by a GST registered entity. This symbol “*” displayed next to a lot number indicates GST at 10% is payable on the hammer price and buyer’s premium. In all other circumstances GST will only be payable on the buyer’s premium.
6. BUYERS PREMIMIUMIn exchange for services rendered by Colville Auctions, a ‘buyer’s premium’ is calculated at 20% + GST for sales, of the hammer price.
7. GST“GST’ means the goods and services tax imposed by the A New Tax System (Goods and Services Tax) Act 1999 (Com) (as amended).
Colville Auctions will sell the Property to be auctioned on a GST exclusive basis. The hammer price will therefore be exclusive of any GST payable. Colville Auctions will invoice the Purchaser for the hammer price, buyer’s premium and the applicable GST.
I. The Purchaser must carefully assess whether input tax credits for any GST paid in addition to the hammer price will be available. We recommend you contact your accountant or lawyer on this question.
II. Colville Auctions will mark its sale catalogue with an asterisk “*” against each lot declared to be subject to GST on sale. The Purchaser shall be responsible to pay GST on the hammer price for lots marked with an asterisk as a “taxable supply”
III. Colville Auctions will provide the Purchaser with a valid “tax invoice” if GST is assessable on the sale.
8. ARTISTS RESALE ROYALTY SCHEMEThe Resale Royalty Right for Visual Artists Act 2009 (Cwth) commenced 9th June 2010 and the Copyright Agency has been appointed by the Australian government to collect royalties to pay to the artists. The Resale Royalty applies to the commercial resale of Artwork where artists or their estate may be entitled to a royalty on certain resales.
Where applicable, the rate is 5% of the hammer price (inclusive of any GST), but not including buyer’s premium. The royalty is paid by the seller.
For more detailed information on the Resale Royalty scheme see resaleroyalty.org.au The seller:
I) acknowledges that he or she understands his or her obligations under the Resale Royalty for Visual Artists Act 2009 (the Act);
II) undertakes to comply with all requirements of the Act, including by providing its agent, the company, with accurate information sufficient for compliance with sections 28 and 29 of the Act;
III) undertakes to indemnify the company for any loss incurred by the company as a result of the vendor’s failure to comply with any of the vendor’s legal obligations under the Act; and
IV) acknowledges that if he or she fails to comply with any of his or her legal obligations under the Act, the company may provide the vendor’s name and contact details to Copyright Agency Limited (CAL)
9. PROVENANCEColville Auctions, may list in the catalogue entry matters such as the history of ownership and other relevant information with respect to scholarship or that assists in distinguishing the work of art. Colville Auctions is not able to carry out detailed enquiries with respect to provenance on each lot. Bidders are responsible to make their own enquiries and investigations on provenance before bidding on any lot or otherwise making an offer to purchase. The identity of the Seller or previous owners may not be disclosed for a variety of reasons. For example, such information may be excluded at the Seller’s request or because the identity of prior owners is unknown.
10. Property is sold ‘as is’:a. no guarantees, warranties or representations are made (express or implied) by Colville Auctions or the vendor in relation to the nature and condition of any lot; and
b. Colville Auctions disclaims liability for any misrepresentations, errors or omissions, whether verbal or in writing, in the catalogue or any supplemental material. All factual information provided by the vendor is merely passed on by Colville Auctions from the vendor or other source. Colville Auctions has made no attempt to verify this information. All additional statements of opinion represent the specialist opinion of the director of Colville Auctions and should not be relied upon as statements of fact.
11. EXAMINATION OF PROPERTYProspective Buyers are strongly advised to examine in person any property in which they are interested before the Auction takes place. Neither Colville Auctions nor the seller provides any guarantee in relation to the nature of the property apart from the Limited warranty in the paragraph below. The property is otherwise sold “AS IS” Responsibility to inspect: Responsibility remains with the buyer to satisfy its, his or her self by inspection and evaluation prior to purchase as to the nature and condition of any property.
12 . BUYERS RESPONSIBILITYAll property is sold “as is” without representation or warranty of any kind by Colville Auctions or the Seller. Buyers are responsible for satisfying themselves concerning the condition of the property and the matters referred to in the catalogue by requesting a condition report.
13. EXPORT LICENCEAny application for an export licence by the buyer pursuant to any of the following:
1. The Movable Cultural Heritage Act (1986); and
2. The Wildlife Protection (Regulations of Exports and Imports) Act 1982; and
3. Any other legislation or regulations that may prohibit the movement of or export of a lot from State to State or Territory and/or out of the Commonwealth of Australia; shall not affect the obligations of the buyer to make payment to Colville Gallery within the time stipulated by these conditions. All disbursements and out of pocket expenses that relate to such an application shall be to the buyer’s account.
14. CATALOGUE AND OTHER DESCRIPTIONSAll statements by Colville Auctions in the catalogue entry for the property or in the condition report, or made orally or in writing elsewhere, are statements of opinion and are not to be relied upon as statements of fact. Such statements do not constitute a representation, warranty or assumption of liability by Colville Auctions of any kind. References in the catalogue entry to the condition report to damage or restoration are for guidance only and should be evaluated by personal inspection by the bidder or a knowledgeable representative. The absence of such a reference does not imply that an item is free from defects or restoration, nor does a reference to particular defects imply the absence of any others. Estimates of the selling price should not be relied on as a statement that this is the price at which the item will sell or its value for any other purpose. Neither Colville Auctions nor The Seller is responsible for any errors or omissions in the catalogue or any supplemental material.
CONDITIONS AT AUCTION
15. Registration:Bidders must register to bid and obtain a bidder’s paddle, phone and absentee bids a minimum 24 hours prior to the commencement of the auction. Registration requires that bidders provide proof of identity and Colville Auctions may impose other obligations on the registration of bidders in its discretion.
16. Auctioneer’s discretion:a) Colville Auctions reserves the right to absolute discretion over the conduct of the auction including the regulation of bidding and its increments. This discretion extends to the challenge or rejection of any bid, the right to withdraw any lot and the right to determine the successful bidder or reoffer a lot in the event of a dispute. The prospective buyers and sellers guide details an indicative process for the conduct of auctions. All parties are strongly urged to read the prospective buyers and sellers guide included in this catalogue. b) Withdrawal of Property
Without any prior notice to the Vendor, Colville Gallery reserves the right to withdraw from sale the property or to have the property listed at auction.
AT THE SALE
17. Conduct of AuctionsLots are offered for sale on a consecutive basis. Colville Auctions will determine the conduct of the auction at its sole discretion, including the regulation of bidding. The auctioneer may accept bids from the floor, telephone, absentee and online bids. Bidding will generally open below the listed pre-sale estimate and proceeds in increments. The auctioneer may vary the bidding increments at their discretion. Consecutive or responsive bids may be placed by the auctioneer on behalf of the vendor up to the reserve.
18. Bidding:Colville Auctions may sell each lot to the highest bidder at auction providing the reserve price has been met or where the net amount accounted to the vendor is at least equivalent to the net amount that would have been achieved for a sale at the reserve price. The fall of the auctioneer’s hammer marks the acceptance of the highest bid and the conclusion of a contract for sale between the vendor and the buyer. Unless otherwise agreed in writing with Colville Auctions, the individual physically present at the auction who signals the bid accepts personal liability to pay the purchase price, including the buyer’s premium and all additional fees, taxes and charges.
19. Absentee BidsColville Auctions will use reasonable efforts to carry written bids delivered to us AT LEAST 24 Hours to the sale for the convenience of those clients who are not present at the auction in person, by an agent or by telephone. Bids must be placed in Australian Dollars. Please refer to the catalogue for the Absentee/Telephone Bids form. If we receive written bids on a particular lot for identical amounts, and at the auction these are the highest bids on that lot, then it will be sold to the person whose written bid was received and accepted first. Execution of written bids is a free service undertaken subject to other commitments at the time of the sale and we do not accept liability for failing to execute a written bid or for errors and omissions in connection with it. It is the buyer’s responsibility to check with the auctioneer immediately after the auction if they were successful at the auction with any absentee bids.
20. Telephone BidsArrangements for this service must be confirmed at least 24 hours prior to the auction. Colville Auctions accepts no responsibility whatsoever for any errors or failure to execute bids. In telephone bidding the buyer agrees to be bound by all terms and conditions listed here and accepts that Colville Auctions cannot be held responsible for any miscommunications in the process. The buyer also agrees to check all lots are as catalogued at least and about one about one hour before the start of the auction sale.
21. Invoicing and Payment:Invoices will be sent within one day of the auction date and are forwarded by email. With respect to each lot purchased, the buyer agrees to make the following payments within seven days from the date of sale:
a. The hammer price.
b. In exchange for services rendered by Colville Gallery, a ‘buyer’s premium’ is calculated at 20% + GST for sales, of the hammer price.
c. Post sale packing, handling, shipping and storage where applicable.
d. If payment is made via Visa, MasterCard or American Express, merchant fees payable of
2% on American Express to Colville Auctions on the transaction as indicated in the prospective buyers and sellers guide. Payment must be made within seven days of the date of sale in Australian dollars by cash, cheque, direct debit, approved credit cards or electronic funds using the form and/or trust account details provided at the back of this catalogue. In certain circumstances, extensions of payments may be granted at the discretion of Colville Auctions. Once funds have cleared, the proceeds of the sale less the buyer’s premium, GST and any commission or costs charged as agreed will be remitted to the vendor within thirtyfive days of the date of sale provided payment has been received in full. Funds will be held in an interest bearing account by Colville auctions until remitted to the vendor. Colville Auctions will be entitled to any interest earned during this period. Application for a cultural heritage export licence or any other licence in no way affects the buyer’s obligation to make payment or collection within the period specified in sections 13 .3 and 26. e. The buyer will not acquire title until payment has cleared in full. Interest at a rate of 17.5% p.a. will be charged over outstanding accounts where no extension of terms has been granted. Interest will be payable from the payment due date.
22. Insurance, Risk and Title:Risk in the lot, including risk of loss or damage, will pass to the buyer on the earlier of: a. the date payment is due, whether or not it has been made; and b. collection by the buyer.
The buyer assumes risk for the property in all respects from this date and neither Colville Auctions nor the vendor will be liable for loss or damage occurring after the payment due date. The buyer is encouraged to make arrangements to ensure comprehensive cover is maintained from this date. Title in the lot does not pass to the buyer, even if the lot is released to the buyer, until the buyer has paid all sums owing to Colville Auctions. If a buyer makes a claim against Colville Auctions for damage or loss after sale, the buyer’s premium and the final bid price shall be payable notwithstanding.
23.Post auction private sale:Should the lot fail to sell at auction, Colville Auctions is authorised to sell the lot privately for a period of seven days in which event this agreement shall apply to the relevant buyer to the full extent of its provisions.
AFTER THE SALE
24. COLLECTION OF PURCHASES AND INSURANCEColville Auctions is entitled to retain items sold until all amounts due to us have been received in full and funds cleared where bank transfer used. Subject to this, the buyer shall collect purchased lots within 48 hours from the date of sale unless otherwise agreed in writing between Colville Auctions and the Buyer. At the fall of the hammer, insurance is the responsibility of the purchaser.
25. PACKING, HANDLING AND SHIPPINGColville Auctions will be able to suggest removals companies that the buyer can use but takes no responsibility whatsoever for the actions of any recommended third party. Neither the Director nor the staff of Colville Auctions will pack and handle goods purchased at the auction, unless directed to by the buyer, and it is the responsibility of the buyer/s to organise this.
26. CULTURAL HERITAGE EXPORT LICENCESUnless otherwise agreed by us in writing, the fact that the buyer wishes to apply for an export licence does not affect his or her obligation to make full payment immediately. It is the buyer’s responsibility to check Australia’s protection of Moveable Cultural Heritage Act 1986 before purchase. We shall not be obliged to rescind a sale nor to refund any interest or other expenses incurred by the buyer where payment is made by the buyer in circumstances where an export licence is required.
27. FAILURE TO COLLECT PURCHASESWhere purchases are not collected within 48 hours from the sale, whether or not payment has been made, we shall be permitted to remove the property to a third party warehouse at the buyer’s expense, and only release the items after payment in full has been made for removal, storage handling, insurance and any other costs incurred, together with payment of all other amounts due to us.
28. AFTER AUCTION SALESAny post auction sale of lots offered at auction shall incorporate these Conditions as if sold in the auction.
29. REMEDIES FOR NON-PAYMENTa) If the buyer fails to make full payment immediately, Colville Auctions is entitled to exercise one or more of the following rights or remedies (in addition to asserting any other rights or remedies available to the law)
I) to charge interest at such a rate as we shall reasonably decide
II) to hold the defaulting buyer liable for the total amount due and to commence legal proceedings for its recovery along with interest, legal fees and costs to the fullest extent permitted under applicable law
III) to cancel the sale
IV) to resell the property publicly or privately on such terms as we see fit
V) to pay the seller an amount up to the net proceeds payable in respect of the amount bid by the defaulting buyer
VI) to set off against any amounts which Colville Auctions may owe the buyer in any other transactions, the outstanding amount remaining unpaid by the buyer
VII) where several amounts are owed by the buyer to us, in respect of different transactions, to apply any amount paid to discharge any amount owed in respect of any particular transaction, whether or not the buyers so directs
VIII) to reject at any future auction any bids made by or on behalf of the buyer or to obtain a deposit from the buyer prior to accepting any bids
IX) to exercise all the rights and remedies of a person holding security over any property in our possession owned by the buyer whether by way of pledge, security interest or in any other way, to the fullest extent permitted by the law of the place where such property is located. The buyer will be deemed to have been granted such security to us and we may retain such property as collateral security for such buyer’s obligations to us
X) to take such other action as Colville Auctions deem necessary or appropriate
b) If we do sell the property under paragraph (IV), then the defaulting buyer shall be liable for payment of any deficiency between the total amount originally due to us and the price obtained upon reselling as well as for all costs, expenses, damages, legal fees and commissions and premiums of whatever kinds associated with both sales or otherwise arising from the default. If we pay any amount to the seller under paragraph (V) the buyer acknowledges that Colville Auctions shall have all of the rights of the seller, however arising, to pursue the buyer for such amount.
30.EXTENT OF COLVILLE AUCTIONS LIABILITYColville Auctions agrees to refund the purchase price in the circumstances of the Limited Warranty set out in paragraph 31 below. Apart from that, neither the seller nor we, nor any of our employees or agents are responsible for the correctness of any statement of whatever kind concerning any lot, whether written or oral, not for any other errors or omissions in description or for any faults or defects in any lots. Except as stated in paragraph 31 below, neither the seller ourselves, our officers, agents or employees give any representation warranty or guarantee or assume any liability of any kind in respect of any lot with regard to merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature or historical relevance. Except as required by local law any warranty of any kind is excluded by this paragraph.
31. LIMITIED WARRANTYSubject to the terms and conditions of this paragraph, the owner warrants for the period of thirty days from the date of the sale that any property described in this catalogue (as such description may be amended by any saleroom notice or announcement) which is stated without qualification to be the work of a named author or authorship is authentic and not a forgery. The term “Author” or “authorship” refers to the creator of the property or to the period, culture, source, or origin as the case may be, with which the creation of such property is identified in the catalogue.
This warranty does not apply to supplemental material, which appears below the first line description of each lot, and neither the owner nor Colville Auctions will be held responsible for any errors or omissions in such material. The terms used in the first line descriptions are further explained in Important Notice and Explanation of Cataloguing Practice. The warranty does not apply to any heading, which is stated to represent a qualified opinion.
The warranty is subject to the following:
I) it does not apply where a) the catalogue description or saleroom notice corresponded to the generally accepted opinion of scholars and experts at the date of the sale or fairly indicated that there was a conflict of opinions, or b) correct identification of a lot can be demonstrated only by means of a scientific process not generally accepted for use until after publication of the catalogue or a process which at the date of the publication of the catalogue was unreasonably expensive or impractical or likely to have caused damage to the property.
II) the benefits of the warranty are not assignable and shall apply only to the original buyer of the lot as shown on the invoice originally issued by Colville Auctions when the lot was sold at Auction.
III) the Original Buyer must have remained the owner of the lot without disposing of any interest in it to any third party.
32. PRIVACY OF INFORMATION POLICYColville Auctions, ensures privacy of your personal information through its compliance with the Privacy Act 1988 (Cth) and the ten National Privacy Principles from Schedule 3 of the Act.
Personal information will only be collected from you in order that Colville Auctions can conduct the business of buying and selling with you, marketing purposes, authenticate bidding transactions, communicate and provide information in relation to the business to you, and maintain records necessary to the operation and management of the business and as required by law.
Colville Auctions use and disclosure of your personal information will only be within the business (including its related entities) for the purposes of conducting business transactions with you, forwarding invitations for you to submit pictures to auction and to attend marketing events, to distribute catalogues, publish results of auctions and provide information about services available to you in the best interest of maintaining a high level of client relationship with you.
The use and disclosure of your personal information to a third party will only be where Colville Auctions has contracted that third party to provide a service related to the prime activities of conducting business, providing client services and running marketing campaigns involving parties such as, a mailing house, a distribution centre, a freight forwarding centre or a marketing house, with a commitment Colville Auctions are the contracted third party to maintaining high levels of confidentiality and protection over the security of your personal information. The management and staff of Colville Auctions is at all times aware of their responsibility to maintain quality and security of data, by applying care and diligence with the protection, maintenance of accuracy, currency and security of your valuable personal information in its use for purpose, record keeping, storage and safeguard from unauthorised access.
The quality and security of data can relate to written and electronic records of your communications with Colville Auctions, video or recorded phone records which may be made from time to time for security, legal or validation of bids made at auction and, photographic images of attendees at functions, events and auctions which may be published for future promotional of marketing purposes by Colville Auctions.
In the event that you wish to access and/or correct your personal information held by Colville Auctions and related entities, you may do so in the form of a written request stating whether you want a statement of the personal information held, or a correction made to the information held or, if you have an objection to the use of your personal information for Colville Auctions marketing purposes.
Written requests should be made to: The Director Colville Auctions 91a Salamanca Place Hobart TAS 7000 or email. Colville Auctions would only disclose your personal information in a transborder data flow to a foreign country in completion of a business transaction with you which is in your direct interest and you are the beneficiary thereof. Such disclosure will only be made either where Colville Auctions has good reason to believe that the recipient is subject to privacy laws similar to Australia or, you give your consent for the disclosure where the recipient may not be believed to offer such protection.
33. DISCLAIMERThis information catalogue has been prepared as a general outline only for the guidance of potential purchases. It does not constitute advise, a valuation or an offer of contract by Colville Auctions, or any of the vendors or their related entities or associates.
This information catalogue has been prepared in good faith and with due care. It does not proport, however, to contain all of the information that potential purchases may require. In addition, it contains information provided by the vendors or third parties, which Colville Auctions has not independently verified.
Potential purchases should not rely on any of the information in this information catalogue (including but not limited to figures, calculations, descriptions, photographs, dimensions, references to conditions or permissions) as statements or representation of fact.
Measurements and all other numerical information is approximately only. Any photographs show only certain parts of the goods as it appeared at the time they were taken. Potential purchases must make their own independent inspection and other enquiries to satisfy themselves as to the accuracy, correctness and completeness of the information. Potential purchases should also seek independent financial, taxation, accounting, legal and other advise to assist them in making their own decisions and assessment appropriate to their circumstances.
Any projections, analysis or other forward looking information are estimates only, are not representations of future matters and may be based on assumptions that, while currently considered reasonable, may not be correct. Actual results may vary from projected results (and variations may be material).
No employees, agent or representative of Colville Auctions or any of the vendors is authorised to make or give any representation or warranty whatsoever inn relation to this property or goods.
To the extent permitted by law, Colville Auctions, the vendors and each of their related entities and associates expressly disclaim any liability for any direct, indirect or consequential loss or damage (whether foreseeable or not) which may arise out of or result from any person or entity, or their agents or representatives, acting on or relying upon all or any part of the information contained in this information catalogue notwithstanding any negligence, default or lack of care.
To the extent permitted by law, the property or goods will be transferred or sold ‘as is’ and ‘with all faults’, without any representation or warranty as to its condition, fitness for any particular purpose, or compliance with any relevant law, regulations or codes.
Nothing in this disclaimer should be interpreted as attempting to exclude, restrict or modify the application of any applicable provisions of the Australian Consumer Law or a person’s right to make a claim in respect of any consumer guarantees or other provisions of the Australian Consumer Law.