BUYERS AGREEMENT
This notice is addressed by Cooee Art MarketPlace to any person who may beinterested in a Lot, including registered Bidders and potential Bidders (including anyeventual Buyer of the Lot).
1. OUR ROLEIn its role Cooee Art MarketPlace acts solely for and in the interests of the Seller. Ourjob is to sell the Lot at the highest price obtainable at the Sale to a Bidder.
2. DESCRIPTION OF GOODSThe Seller and Cooee Art MarketPlace warrant that the goods are as described in thecatalogue and that the seller has clear title to the works that they are offering for sale.
3. LOTSLots are sold to the Buyer on an “as is” basis, with all faults and imperfections. It is yourresponsibility to examine any Lot in which you are interested.
4. DESCRIPTIONS OF LOTS AND ESTIMATES ANDCONDITONEstimates are printed beside the Entry in the catalogue. They are an expression of Cooee Art MarketPlace’s opinion of the range where Cooee Art MarketPlace thinksthe Hammer Price for the Lot is likely to be; it is not an Estimate of value.In respect of most Lots, we will produce a Condition Report regarding the Lot’sphysical condition upon request. Cooee Art MarketPlace is not entering into a contract with you in respect of the Condition Report and accordingly does not assumeresponsibility to you in respect of it. Notwithstanding the aforementioned we undertaketo prepare any Condition Report honestly, with integrity, and in good faith.
5. BIDDINGWe do not accept bids from any person who has not completed to our satisfaction theRegistration and Bidding Form. In addition anyone intending to place bids by telephonemust apply for and complete a Telephone Bidding Form before the Sale. If you intendto bid through a third-party site (on-line aggregator) you must register your intention todo so and warrant that the information you provide is true and accurate. In all casesyou must provide proof of identity, and your intended method of payment.
6. REGISTRATIONWe may refuse entry and registration to our Website and our Sale and expresslyreserve the right not to grant a Paddle to any applicant.
7. WINNING BIDSThe Buyer will be the Bidder who makes the highest bid for any Lot providing this bidequals or exceeds the Reserve set prior to the sale by the seller as per their contractwith Cooee Art Marketplace.
8. ADDITIONAL CHARGESA Buyer’s Premium of 20% of the Hammer Price is payable on all lots. Collection anddelivery is the responsibility of the buyer on lots.
9. TAXGoods and Service Tax will be charged only on the Buyer’s Premium, save for caseswhere the artwork is owned by a GST registered entity (e.g. a registered company orsuperannuation fund). Artworks owned by GST registered entities will be displayed in the Sale Catalogue with a Dagger alongside the Lot Number. This symbol indicates thata work of art is subject to GST and therefore GST is applied to both the Hammer Priceand the Buyer’s Premium.
10. PAYMENTAs a buyer you must ensure that you have readily available funds to pay the PurchasePrice and the Buyer’s Premium to us in full before making a bid for the Lot. If you are asuccessful Bidder, payment must be made no later than the end of the second workingday after the Sale so that all sums are cleared by the seventh working day after the Sale.
11. COLLECTION/DELIVERY/STORAGEThe Buyer is responsible to organise the Delivery of the Lot. Cooee Art MarketPlacewill provide the Buyer with a list of courier companies but will not organise or takeresponsibility for the delivery of artworks. Cooee Art MarketPlace will not release theartwork until the invoice has been paid in full. (unless we have made a specialarrangement with the Buyer). Storage Fees may be charged for items that have notbeen collected after 7 days of the sale at a rate of $5 per Lot per day.
Registered Bidder…………………………………………………………
Cooee Art Market Place………………………………………………….
TERMS
“Auction” means any auction Sale taking place in Australia“Bidder” a person who has completed a Bidding Form in person or online.“Bidding Form” our Bidder Application Form, or any Absentee or TelephoneBidding Form filled out electronically or by hand and delivered to us as a notice.
“Buyer” the person to whom a Lot is knocked down to by us. The Buyer is alsoreferred to in the Contract for Sale and the Buyer’s Agreement by the words “you” and“your”.“Buyer’s Premium” the sum calculated on the Hammer Price at the rates statedin the Notice to Bidders.
“Catalogue” the online collection of Lot descriptions on our Website relating to therelevant Sale.
“Condition Report” a report on the physical condition of a Lot provided to aBidder or potential Bidder by Cooee Art MarketPlace on behalf of the Seller.
“Description” any statement or representation in any way descriptive of the Lot,including any statement or representation relating to its authorship, attribution,condition, provenance, authenticity, style, period, age, suitability, quality, origin, value,Estimated selling price (including the Hammer Price).
“Estimate” a statement of our opinion of the range within which the hammer islikely to fall. Such definition extends, where applicable to a Upper and Lower Estimate,where each shall respectively represent the upper and lower bounds of any Estimatewe provide.
“Cooee Art MarketPlace”, a company registered and managed in Australia, orits successors or assigns. Cooee Art MarketPlace is also referred to in the Buyer’sAgreement, the Conditions of Business and the Notice to Bidders by the words “we”,“us” and “our”.
“Hammer Price” the price which the auctioneer accepts as the final bid in $AUD
.“Lot” any item consigned to Cooee Art MarketPlace with a view to its Sale atauction or by Private Treaty (and reference to any Lot will include, unless the contextotherwise requires, reference to individual items comprised in a group of two or moreitems offered for Sale as one Lot or intended to be).
“Seller” the person who offers the Lot for Sale named on the Contract Form.Where the person so named identifies on the form another person as acting as hisagent, or where the person named on the Contract Form acts as an agent for aprincipal (whether such agency is disclosed to Cooee Art MarketPlace or not),