Definitions
The following words and expressions have these meanings:
ABCR Auctions – D.J Bruce & T.M Dunn, ABN 25 262 335 361, trading as ABCR Auctions.
Bidder – a person who places a bid or bids on a Lot or Lots in an ABCR Auction.
Buyer – the Highest Bidder on a Lot that has achieved at least the Reserve (if any) at the end of an auction, or a person who purchases a Lot sold by ABCR Auctions on behalf of a Seller.
Catalogue – includes any advertisement, brochure, price list, website, and other publication produced by ABCR Auctions.
Consignment Form – the form signed, and a copy of which is received, by the Seller containing the terms on which the Seller submits a Lot or Lots for sale by ABCR Auctions.
Dollars or $ – Australian currency.
Estimated Selling Range – the estimated Sale Price range of a Lot.
GST – a tax payable under ‘A New Tax System’ (Goods and Services Tax Act) 1999.
Highest Bidder – the person who has the highest bid on a Lot in an ABCR Auction.
Lot – any item or items consigned by or on behalf of the Seller to ABCR Auctions with a view to its sale at auction or by private treaty.
Lot Number – the number allocated by ABCR Auctions to a Lot prior to auction.
Premium – (unless otherwise stated in a relevant auction Catalogue) is 10% + GST of the Sale Price payable by the Buyer and by the Seller.
Purchase Price – the aggregate of the Sale Price, the Premium, the GST payable on the Premium, and any associated postage & packing costs.
Registered Member – a person who has accepted these Terms & Conditions and is therefore registered as a potential Seller / Bidder / Buyer.
Reserve – the minimum Sale Price at which a Lot may be sold as agreed in writing by the Seller and ABCR Auctions on the Consignment Form.
Sale Price – the final price of a Lot sold in an ABCR Auction or afterwards by private treaty (inclusive of GST, if any).
Sale Proceeds – the net amount payable to the Seller, being the Sale Price less the Seller’s Premium.
Seller – the person named as the seller on the front page of the Consignment Form who offers the Lot for sale.
Descriptions
Every effort will by taken by ABCR Auctions to ensure that Lot descriptions are complete and accurate. A Lot’s description provided by ABCR Auctions should be read before a potential Bidder places a bid. Photograph/s and/or movie/s are for the guidance of prospective Bidders and form part of the description. ABCR Auctions shall not be liable for any error, misstatement or omission in the description of a Lot in any Catalogue, unless its partners or agents have engaged in misleading or deceptive conduct.
Condition Grading System
(a) In grading a bottle, both of us will independently assess each item in the sale and then collate our notes to form a consensus opinion for the description. The numerical grading is an average of the two assessments. Note that in addition to this numerical grade there will be a detailed description of any and all of the lots features and faults. As such Bidders are advised to take into account the entire description of any item they are interested in. Bottles will be examined in natural light as well as indoors. Magnification will be used where necessary and we also use a black light, borescope and magnification to check for repairs when relevant. We will also call on outside experts for their opinions on pieces with which we have limited experience.
(b) Of course there is more to value than just condition and that will largely be taken into account with our estimated price range. As collectors will well know you can find two basically identical bottles from the same company where one has heaps of eye appeal while the other is kind of flat and boring. Both of these items may be the same condition wise and our grading will reflect that BUT the estimated price range of the one with eye appeal would be higher. Minor chips, hairlines and other minimal damage will be dealt with in a broadly similar way i.e. Chips and cracks will definitely affect the expected value we put on an item.
(c) The number assigned to a bottle from the condition scale depends on the quantity and seriousness of any faults seen on the item. This number however forms only a small part of the description and we will reiterate that bidders should check the full description and all pictures for an accurate representation of each lot.
(d) Any items that have been altered in any way (e.g. repairs, polishing etc) will be noted where applicable. As an important note on polished bottles we will endeavour to convey the degree to which a bottle has been polished (for instance whether seam lines are still present) so that you can make an accurate assessment of the item listed. Bottles with what we deem to be major restoration work will be given a flat grade of 0.0 in which case reading the full description will be paramount to ascertain the quality of the bottle.
(e) The grades:
Poor (1-3.9) ABCR Auctions will not be handling items in as low a grade as this, unless the item is exceptionally rare. The item may be heavily stained, flakes and chips evident that possibly affect the front. Pits, bruises, cracks, chips and heavy wear may also be evident.
Fair (4-5.9) May be acceptable for rare or unusual items. These may be stained, have some flakes and probably pitting, maybe even a bruise or two. Could be polished, with some damage evident.
Good (6-6.9) May be stained but with minimal other damage evident. Alternatively, could have had a heavy polish affecting the embossing with pits still evident, but will be shiny.
Very Good (7-7.9) Only light haze to be seen, a possible small ding, chip or fracture to be found. Alternatively, could be polished with some minor marks still evident. Display-quality items fit into this class.
Excellent (8-8.9) Items in the type of condition that is often seen on displays. You might see some small pit marks at this grade and there may be some stain/wear that is visible but not distracting. Most items that were handled regularly, refilled and reused etc, will fit into this category. A professionally polished bottle that has only been lightly cleaned may fall into this category.
Near Mint (9-9.4) The majority of what collectors describe as mint items probably fall in this category. At a very quick glance the item will appear Mint, but a close look may reveal some minor wear and light scratches. Items with small patches of very light stain/dullness could still reach this category but only if there is no deeper pitting or leaching associated with the stain.
Mint (9.5-9.9) Will appear perfect at first but close scrutiny will show just a tiny scuff or scratch. Generally, any marks will appear on regular contact points (shoulder, base, lip or raised embossing), but are not noticeable from even a short distance. The number and size of these marks determine the difference between 9.5 and 9.9.
Mint Plus (10) Condition wise, the item is perfect. Very rarely is anything in this category because it also implies that the item has almost never been handled. Don’t expect to see this grade used too often.
Starting Price
The Starting Price is the minimum the first bid can be on a particular item. Note however that the Starting Price may not be the Reserve Price. Where the Reserve Price is higher than the Starting Price, the item will not be sold unless it reaches at least the Reserve Price.
Estimated Selling Range
An Estimated Selling Range will be displayed for each lot. This range is ABCR Auctions’ estimate of the current market value of the lot in Australian dollars. A Bidder may bid within, above, or below this range. Any Estimated Selling Range given by ABCR Auctions is a statement of opinion and should not be relied upon as a representation as to the Sale Price a Lot may actually achieve.
Reserves
Vendors will have the right to place a reserve price on any or all of their submitted items to ABCR Auctions prior to the auction catalogue being published. Reserve Prices will however be disclosed to Bidders throughout the auction. ABCR Auctions may start an item at or below its Reserve Price as deemed appropriate for the individual Lot. If an item has a Reserve Price, this will be indicated in the auction catalogue and on the website.
Bidding
Bids will typically be made directly on this website. Absentee Bids by mail, by e-mail, or by phone can also be accepted. All bids are in Australian dollars. ABCR Auction’s bidding steps are as follows:
| ITEM PRICE | MINIMUM BID INCREMENT |
|---|---|
| Less than $100 | $5 |
| $100 to $500 | $10 |
| $500 to $1,000 | $20 |
| $1,000 to $2,000 | $50 |
| $2,000 to $5,000 | $100 |
| $5,000 to $10,000 | $200 |
| $10,000 to $20,000 | $500 |
| $20,000 to $50,000 | $1,000 |
| $50,000+ | $2,000 |
During an auction, each Lot will close individually. When there are no bids on a particular Lot for 3 minutes at the scheduled end-time of an auction, the Lot will close. If a Lot receives a bid within 3 minutes of the end of the auction, the Lot end-time will extend by 3 minutes. This prevents people from “sniping” an item and gives everyone an equal chance at buying a Lot. Bids are not retractable.
Absentee Bids
A Registered Member may make an absentee bid in the form of written instructions directing ABCR Auctions to bid on a Lot or Lots up to a maximum amount specified for each Lot. ABCR Auctions will execute the absentee bid at the lowest possible price taking into account the Reserve and other bids. There is no charge for this service. If identical bids are left by two or more parties, the first bid received by ABCR Auctions will take preference.
ABCR Auctions is prepared to execute telephone bids on behalf of prospective Buyers who are not able to bid online at no charge, on the condition that the prospective Buyer acknowledges that taking instructions by telephone in the course of an auction has inherent risks (such as miscommunication, misunderstanding or other problems caused by a telecommunications fault or failure including a mobile telephone connection falling out). ABCR Auctions shall not be responsible for any errors or omissions in connection with the execution of telephone bids.
Buyers Premium
Unless otherwise stated in an ABCR Auction Catalogue, the Buyer’s Premium is 10% + GST of the Sale Price. The Premium component will be calculated as follows:
Premium = Sale Price x 10% Premium + 10% GST (of the Premium)
Example – if the Sale Price of a lot is $100, the Premium component will be $11:
Premium = ($100 x 10%) + (($100 x 10%) x 10%) = $11
ABCR Auctions reserves the right to change the Buyer’s Premium at any time.
Copyright
All text, photographs, logos and audiovisual material is owned or licensed by ABCR Auctions. Other than for the purposes of and subject to the conditions described under the Copyright Act 1968 (Commonwealth), and except as expressly authorised by these Terms & Conditions, you may not in any form or by any means adapt, reproduce, store, distribute, print, display, perform, publish, or create derivative works from any content of this website without ABCR Auctions’ prior written permission.
GST
Each lot’s sale price is inclusive of GST, however GST is payable on the buyer’s & seller’s premium.
Payment Terms
Payment of the full Purchase Price is due within 7 days of the receipt of an invoice. Payments should be made in Australian dollars. A service fee of 3.5% will be charged for PayPal payments. Credit cards not accepted except via Paypal. No additional fees will be charged for any other form of payment in Australian dollars including cash, direct bank deposit, and cheque. If a payment is made in a currency other than Australian dollars, the Buyer shall add the equivalent of $A20 to cover bank fees.
Postage & Packing
As ABCR Auctions provide an online service, Postage & Packing costs will apply to most Lots. The Buyer is responsible for paying the Postage & Packing costs. After an ABCR Auction closes, postage & packing is estimated in order to generate invoices. Postage is charged at cost & by weight. Estimates are available on the Australia Post website. Sending location will be from Whittlesea, Victoria 3757, Australia. A $5 packing cost is added to each box. High quality packing materials will always be used by ABCR Auctions, and the utmost of care will always be taken when packing Lots for postage. All Lots will be sent with “Signature on Delivery”, with optional insurance for items over $100. Australia Post insurance rates are applicable and the current rates can be found on the auspost website. Pickup is available for free from either Whittlesea or West Melbourne, BUT arrangements must be made prior (both locations are private addresses). When possible free delivery is also available to the many bottle and collectables shows around Australia. Again, prior arrangements must be made for this to occur.
Privacy
ABCR Auctions is committed to keeping its Registered Members personal information private & secure. ABCR Auctions will not share this information with anyone.
Return Policy
ABCR Auctions will make every effort to accurately describe each Lot. A Lot may be returned only because of an error in the description. If a Lot or Lots is to be returned, it must be done so within 7 days of receipt of the Lot or Lots. Please notify ABCR Auctions before returning a Lot. A Lot cannot be returned for any reason that is apparent from the Description, including from photograph/s or movie/s in the Catalogue.
Governing law
These Terms & Conditions are governed by the law of the State of Victoria
Non-payment
If you need extra time to make a payment, please let us know in advance. We will work with you as long as we are notified in advance. In the event that a Buyer does not make payment in full for the Lot or Lots within 14 days from the date of the invoice, unless otherwise previously arranged, ABCR Auctions shall have the right to exercise any one or more of the following:
- To impose an accounting fee of $20 per month (or part thereof) plus compound interest at the rate of 3% per month (or part thereof) of the total amount outstanding;
- To terminate the contract with the Buyer, in which case any monies received from the buyer shall be forfeited to ABCR Auctions;
- To terminate the contract and resell the Lot or Lots at any time, in which case any resulting shortfall, plus costs including accounting fees, interest, insurance and resale expenses, shall be met by the original Buyer;
- To cancel the Buyer’s registration and disqualify the Buyer from participating in future ABCR Auctions;
- To take legal action against the Buyer.
Website Security
Unfortunately, no data transmission over the internet can ever be guaranteed as totally secure. Nevertheless, ABCR Auctions will take every reasonable step to ensure the security of this website and all its registered members’ information.
Website Outages
In the event of a server side failure, ABCR Auctions reserves the right to extend the end time of an auction by 24 hours (or more as necessary) in order to achieve a fair and clear end to said auction. Note that this does NOT cover local or user side outages or difficulties. ABCR Auctions recommend bidding early to avoid disappointment caused by local outages, power failures, slow connection speeds or similar difficulties that may occur for individual bidders.
General Provisions
ABCR Auctions has the discretionary right to refuse any bid and to withdraw any Lot from any sale. If a Lot does not reach its Reserve, ABCR Auctions has the right to offer the Lot for sale by private treaty (standard Buyer & Seller Premiums apply). ABCR Auctions may refuse, or terminate registration of, any person at its absolute discretion. Registered Members can voluntarily cancel their membership at any time by contacting ABCR Auctions.
