Year of the Pig Terms & Conditions
THE YEAR OF THE PIG – Auction Terms & Conditions
The conditions that are listed below contain terms that are used regularly and may need explanation. They are as follows:
“The Artist”
The individuals who have been enrolled by the seller to decorate a supplied Pig mold for the purposes of a Charity Auction in aid of Starship – Air Ambulance Service. According to the terms of the agreement, all Artists are entitled to one third of the selling price.
“The Seller”
Parnell Business Association.
“The Buyer”
Means the person with the highest bid accepted.
“The Lot”
Means any item depicted within the sale for auction on promotional materials and in particular the item or items described against any lot number in the catalogue – otherwise described as the ‘product’, ‘artpiece’ or ‘item’.
“The Reserve”
Means the lowest amount at which has been agreed with the Seller that the lot can be sold.
Online, Catalogue and Other Descriptions
All statements by the Parnell Business Association in the catalogue entry for the product or art piece, 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 the Parnell Business Association of any kind. The Parnell Business Association is not responsible for any errors or omissions in the catalogue or any supplemental material.
All illustrations are provided only as a guide and should not be relied upon as a true representation of colour or condition. Images are not shown at a standard scale.
Buyers Responsibility
All product/art piece/item for sale is sold “as is” without representation or warranty of any kind by Parnell Business Association or the Artist. Buyers are responsible for satisfying themselves concerning the condition of the item.
Online and Live Auction
The art piece created for the Year of the Pig Exhibition will be on offer for online bids/pre auction offers, prior to the Live Auction on the 28th Feb. The online bidding opportunity is open until 4pm Sunday 24th February 2019.
The Final, and Live Auction opportunity will take place on Thursday 28th Feb 2019 at Jonathan Grant Galleries, 280 Parnell Road, 5.30pm start for 6pm live auction.
Online Bids/Pre Auction Offers
All pre auction offers will need to be lodged on www.Parnell.net.nz before 4pm Sunday 24th February.
If we receive identical bids on a particular lot, and at the live auction these are the highest bids on that lot, then the lot will be sold to the person whose bid/online bid was received and accepted first. We do not accept liability for failing to execute a written bid or for errors or omissions which may arise. It is the bidder’s responsibility to check with Parnell Business Association both during the pre live auction period as well as after the auction to see if they were successful.
Process between pre-auction offers and live auction
At 4pm Sunday 24th February 2019, the pre auction online opportunity will close.
On Monday 25th February, the Parnell Business Association will contact the highest bidder of each lot to notify them they have offered the highest bid and verify credit card details/payment information. Should the individual who offered the highest online bid not respond within 5 hours, automatic communication will commence with the second highest bidder and so on, until a verified bidder can be established to set the reserve for the live auction.
By registering to bid you agree to communication from Parnell Business Association on general news and items we think you may be interested in.
Reserves
Unless otherwise indicated, all lots offered are subject to a reserve, the reserve price being on, or close to, the highest online bid as of 4pm Sunday 24th February 2019. This is the minimum price below which the Lot will not be sold. The auctioneer may open the bidding on any Lot below the reserve by placing a bid on behalf of the Seller. The auctioneer may continue to bid on behalf of seller up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders.
Successful Bid and Passing of Risk
Subject to the auctioneer’s discretion, the highest bidder accepted by both the auctioneer and the Parnell Business Association will be the buyer, and the striking of the hammer marks the acceptance of the highest bid from the live auction or the online auction and the conclusion of a contract for sale between Parnell Business Association and the Buyer. Risk and responsibility for the lot passes immediately to the Buyer.
Payment and Pick up
The buyer must pay the full amount due (the net hammer price) no later than Friday March 1st, 2019. No GST will be added.
Please note, our preference for both payment and collection is on the night of the live auction.
The buyer will not acquire the lot until full payment is verified, and no goods under any circumstances will be released without confirmation of funds received.
Payment can be made at the live auction with all main credit cards or facilitated via WeChat Pay. It can also be made online via PayPal or direct transfer.
The buyer is responsible for any relevant bank fees and charges applicable.
Collection of Purchases
All successful buyers, those with the highest bid on each Lot from either the online auction, or the live auction, must collect their purchase(s) by Friday March 1st 2019.
If shipping is required (at buyers expense), buyer must arrange. Recommended carriers are Pack & Send www.packandsend.co.nz
Remedies for Non-Payment
If the Buyer fails to make full payment immediately, Parnell Business Association is entitled to exercise one or more of the following rights or remedies (in addition to asserting any other rights or remedies available under the law)
to charge interest at such a rate as we shall reasonably decide.
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.
to cancel the sale.
to resell the lot publicly or privately on such terms as we see fit.
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 Buyer so directs.
to reject at any future auction bids made by or on behalf of the Buyer or to obtain a deposit from the Buyer prior to accepting any bids.
to exercise all the rights and remedies of a person holding security over any lot 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.
to take such other action as Parnell Business Association deem necessary or appropriate.
Failure to Collect Purchases
Where purchases are not collected within 5 days from the sale date, whether or not payment has been made, we shall be permitted to remove the lot to a warehouse at the buyer’s expense, and only release the items after payment in full has been made of removal, storage handling, and any other costs incurred, together with payment of all other amounts due to us.
