General Terms and Conditions of Sale
Please read the following information carefully before placing any bids. All bids are final after submission. Please verify your information before bidding. .
The property offered at public auction by Fitzgerald Auctions Ltd (Hereafter known as FA) at the published dates will be subject to the following terms and conditions:
- Every attempt has been made to describe all property as accurately as possible. However, FA does not warrant or represent, and denies responsibility for, the published descriptions, encompassing but not limited to specification, provenance, authenticity, quality and condition as may be stated in our catalogues or on our Website. Any and all statements made relating to the property are merely statement of opinion and at no time can be constructed as warranties and representations of fact or assumptions of any liability on the part of FA as we often rely solely upon representations made to us by our Vendors. Where any error or omission in the catalogue is known by FA, the Auctioneer will announce the correct information prior to the lot being sold.
- Buyers accept all purchases on a "as is" basis. Notwithstanding any other terms of these Conditions of Sale, should FA receive any written claims within 7 calendar days of the auction that any property is with a shortage, or otherwise out of condition, or that any statement is without basis, then FA will fairly assess such claims through inspection of the property or by any other just means, and may (at it's sole discretion) cancel the sale and refund the purchase price. At all times the decision of FA will be final and binding on all parties.
- The term "final bid" as used herein shall refer to the price at which any lot is knocked down (hammer price) to the buyer. The purchase price, due from the Buyer, shall be the aggregate of the final bid (which includes GST if applicable) plus the current buyers premium (current rate is 13.5% of the final bid inclusive of GST). The complete purchase price, including relevant Packaging and Handling costs, Freight and mandatory Insurance charge of 1.1% (all including GST) will be due and payable by the Buyer. Title to the property will not pass until full payment is received by FA. No property will be released to the Buyer until FA receives payment in full. Any applicable storage or shipping charges must also be received prior to the release of the property.
- All FA auctions are conducted in NZ Dollars. The winning bidder will be charged in NZ Dollars for the hammer price, buyer's premium, insurance, and shipping cost. For International Buyers the actual amount to be paid in your home currency will be determined by the exchange rate used by your credit card company at the time you are actually charged.
- It may be assumed that a reserve, or confidential minimum selling price, has been established on all lots. Should bidding not meet the reserve price, FA will attempt to negotiate a lower offer with the Vendor on the Buyers behalf.
- The highest acceptable bid received at the fall of the hammer shall be the Buyer. In the event that two or more identical absentee bids are received, then the earliest highest bid shall be deemed the successful absentee bid. Bidders who are present during a live bidding session and whose bids are equal to an absentee bid, shall take precedence.
- Bids submitted to FA are processed and executed as a service and convenience to bidders. Neither FA (nor its staff) shall be responsible for any failure to execute such bids or any error relating to the same.
- Should any buyer fail to fully comply with these Conditions of Sale, FA may hold the buyer liable for the purchase price or resell the property after reasonable notice is given to the Buyer. Any deficiencies attending the resale of property shall be the liability of the defaulting Buyer, along with any storage or legal fees and any other expenses or damages incurred by FA.
- All items will be released to the Buyer upon payment of the full purchase price and all other costs. Title shall not pass to the buyer until all funds are cleared. All lots are delivered by the Buyer's preferred method of shipping or by FA preferred selection if no Buyer preference is indicated. Buyers shall assume full responsibility for shipping expenses, which, includes Packaging and Handling costs, Freight costs and a 1.1% insurance charge.
- The buyer is solely responsible for collection of the goods purchased at auction. By participating in a FA auction, you authorise us to act on your behalf to engage a common carrier to deliver your goods to the location you specify.
- FA is fully licensed in New Zealand to conduct auctions.