Seller Terms & Conditions
The following are the Terms & Conditions as outlined for sellers who are consigning goods to JB Military Antiques for sale via the JB Military Antiques auctions. Sellers are to read, understand and agree to the following terms before consigning items to JB Military antiques for inclusion/sale. Sellers are advised to contact JB Military Antiques if they need clarification on any of the points before proceeding with their consignment.
1. Lot’s received & returned
- Goods are to be sent to JB Military Antiques at the seller’s expense. JB Military Antiques can also organise for couriers to collect and or pack items, this again will be at the expense of the seller.
- Once goods are received, they will be added to a Vendor Agreement, outlining the items received and the sellers premium/fee as a percentage (eg. 15%). Once this vendor agreement is received by the sellers, they must sign and return to JB Military Antiques. This can be done electronically, by mail, in person or included with the items consigned.
- The seller assumes all responsibility for the items being sent and received in regards to condition, packing and any loss or damage is to be deemed the sole responsibility of the seller.
- Unsold lots will be re-advertised in future auctions at a discounted estimate/reserve and sold. Unsold items can be returned to the seller at their own expense, either by local collection or by JB Military Antiques packing and sending to the seller, with expenses deducted from their seller account or direct payment to JB Military Antiques.
- Sellers agree to send their items/Lot’s to JB Military Antiques by the specified timeframe as outlined by JB Military Antiques. The usual cut off date is 6 to 8 weeks before the actual sale, however depending on the volume of items already consigned, this cut off date is liable to change at the discretion of JB Military Antiques.
2. JB Military Antiques is the agent of the Seller in relation to the sale of a Lot (except where it is expressly stated in writing to be selling as principal) and is not responsible for any default by the Seller or the Buyer.
- The Seller instructs and authorises JB Military Antiques to sell the Lot as the Seller’s agent in accordance with these Conditions:
- receive and hold all Sale Proceeds on the Seller’s behalf;
- sign on the Seller’s behalf any documentation necessary to transfer ownership of the Lot to the Buyer;
- allow the Lot to be inspected by prospective Buyers prior to the Sale, at any time and in any manner or place agreeable to the Company; and
- remove any Lot from the frame, holder, case or covering to examine it.
3. JB Military Antiques has the right at his or her sole discretion to refuse any bid, to divide any Lot, to combine two or more Lots, to withdraw any Lot from Sale and, if there is a dispute JB Military Antiques is of the opinion that there has been a misunderstanding or mistake regarding a Sale or a Lot the subject of a Sale, to rescind the Sale and put any Lot up for a Second Auction. If a Sale is rescinded, the JB Military Antiques may:
- put the Lot up for a Second Auction at a subsequent Sale; or
- offer the Lot for sale by private treaty; or
- withdraw the Lot from sale.
4. JB Military Antiques estimate selling range & descriptions
- Any Estimated Selling Range given by JB Military Antiques is a statement of opinion and should not be relied upon as a representation as to the Sale Price a Lot may achieve at a Sale.
- JB Military Antiques will in most cases, set the reserves of all lots consigned for sale by the seller & by agreement with JB Military Antiques, set reserves on items where common knowledge about value on an item is easily established. JB Military Antiques also has the right to revise the Estimated Selling Range at any time on any lot if deemed necessary to achieve a successful sale of the lot.
- The Seller acknowledges that JB Military Antiques is entitled to rely on the accuracy of a description of a Lot provided by or on behalf of the Seller.
- JB Military Antiques shall not be liable for any error, misstatement or omission in the description of a Lot in any Catalogue, unless the Company (and its employees or agents) has engaged in misleading or deceptive conduct.
5. Warranties of Seller.
The Seller warrants to the Company and the Buyer that:
- the Seller owns the Lot or the Seller is authorised to sell the Lot by the owner (in which case, an original signed authorisation by the owner must be provided to JB Military Antiques);
- the Lot is free from all liens, charges encumbrances (including registration on the Personal Property Security Register) and third-party claims including a claim by a spouse;
- the Seller has complied with all requirements, legal or otherwise, in relation to any export or import of the Lot and has notified JB Military Antiques in writing of any failure by third parties to comply with such requirements in the past;
- the Lot and any written provenance given by the Seller to JB Military Antiques are authentic;
- the Seller has notified JB Military Antiques in writing of any material alterations to the Lot of which the Seller is aware; any concerns expressed by third parties in relation to the authenticity, provenance, origin, age, condition or quality of the Lot; all information in the Seller’s possession as to the provenance and identification of the Lot and that information is correct; and that the Lot is fit for its purpose and safe if used for the purpose for which it was designed and free from any defect not obvious on external inspection.
- The Seller acknowledges that JB Military Antiques relies on any information provided by the Seller and the Seller agrees to indemnify and keep indemnified the Company against all Claims arising out of or in connection with this information.
- The Seller agrees to indemnify and keep indemnified JB Military Antiques and or the Buyer against all Claims arising from the Seller’s actual or alleged breach of any warranty in these Conditions.
6. Seller commissions & expenses
- The Seller shall pay the Seller’s Commission and any other Expenses set out in the Consignment Agreement Form.
- JB Military Antiques may deduct and retain the Seller’s Commission from the amount paid by the Buyer for the Lot as soon as the Purchase Price, or part of it, is received and before the Sale Proceeds are paid to the Seller.
- The Seller shall pay to JB Military Antiques any storage & insurance fees based on the items presents, based on numbers of items/value of items consigned.
- The Company indemnifies the Seller against some risks arising from fire and other insurable perils, theft following forcible entry, hold up and water damage to the extent of JB Military Antiques insurer’s liability to it in that regard. In the event of a loss, except where the loss is as a result of JB Military Antiques (and its employees or agents) not acting with due care and skill, the Seller may only claim an amount up to, in the case of unsold Lots:
- the Agreed base Reserve/Selling Estimate price.
- in the absence of a value shown in (6.2), an amount included in a loss assessment provided by JB Military Antiques or, if disputed by the Seller, by an independent loss assessor appointed by JB Military Antiques; or
- in the event that the loss occurs after the fall of the Auctioneer’s hammer and the Lot is sold but JB Military Antiques has not yet received payment from the Buyer as cleared funds, an amount equal to the net proceeds which would have been due to the Seller.
- JB Military Antiques will charge the Seller the Indemnity Fee for providing the indemnity at 15% of the stated value (3f2).
- JB Military Antiques own insurance will subsist until payment is made by the Buyer or, in the case of unsold Lots, until the expiry of 7 days after notice from JB Military Antiques requiring the Seller to collect the unsold Lot.
- A purchased Lot shall be at the Buyer’s risk in all respects from the fall of the Auctioneer’s hammer whether or not payment has been made and neither JB Military Antiques nor the Seller shall thereafter be liable for, and the Buyer indemnifies JB Military Antiques against, any loss or damage of any kind, except where JB Military Antiques (and its employees or agents) has not acted with due care and skill.
- JB Military Antiques advises all Buyers to arrange for their own insurance cover for purchased Lots effective from the fall of the Auctioneer’s hammer to protect their interests as the Company cannot warrant that the Seller has insured its interests in the Lots or that the Company’s insurance cover will extend to all risks.
- Where the Company has exercised due care and skill, JB Military Antiques does not accept responsibility for Lots damaged by insect infestation or by changes in atmospheric conditions; and shall not be liable for such damage nor for any other damage to glass or to picture frames.
8. Payment to Sellers
- JB Military Antiques is only liable to the Seller for payment of the Sale Proceeds if the Purchase Price has been received in cleared funds by JB Military Antiques.
- If the full Purchase Price has been received in cleared funds by JB Military Antiques within 21 days of the date of the Sale, JB Military Antiques shall pay the Sale Proceeds to the Seller not later than 40 days after the date of the Sale. Unless an alternative method of payment shall have been agreed in writing with the Seller, payment shall be made by sending to the Seller a cheque by post at the Seller’s risk or by bank transfer to the Seller’s nominated bank account.
- If the Purchase Price has not been received in full by JB Military Antiques within 21 days of the date of the Sale, JB Military Antiques shall pay the Sale Proceeds within 6 business days after the date on which the full Purchase Price is received in cleared funds from the Buyer.
- If the Buyer fails to pay the Purchase Price within 21 days after the date of the Sale then JB Military Antiques will give notice of this to the Seller. If the Seller does not give written instructions to JB Military Antiques in response to this notice within 7 days then JB Military Antiques may do any of the following for and on behalf of the Seller (who will give the JB Military Antiques any assistance it may require):
- agree terms for the payment of the Purchase Price with the Buyer;
- remove, store and further insure the Lot sold;
- settle any Claim by or against the Buyer;
- take such steps as JB Military Antiques shall at its absolute discretion consider necessary to collect the monies due from the Buyer;
- rescind the Sale and refund any monies to the Buyer;
- offer the Lot for resale by private treaty or auction.
- appoint a solicitor or other agent to do any of the above.
- Any monies recovered by and paid to JB Military Antiques by the Buyer shall be applied in the following order (in each case together with interest) to the payment of:
- any legal or other costs incurred by JB Military Antiques;
- the Expenses;
- the Premium;
- the Seller’s Commission; and any balance remaining shall be paid by JB Military Antiques to the Seller (or, if appropriate, the Buyer).
- In the event that there is a shortfall, any such shortfall shall be made good by the Seller to JB Military Antiques on demand.
- If the Company rescinds a Sale because the Lot is proved to its reasonable satisfaction to be a Forgery and the JB Military Antiques has accounted to the Seller for the Sale Proceeds, the Seller must immediately refund the Sale Proceeds to the Company, which will then refund the Purchase Price to the Buyer and make the Lot available to the Seller for collection.
9. Withdrawal of lots by the seller
- A Seller may only withdraw a Lot from sale by written notice signed by the Seller within 7 days of intended date to withdraw the lot.
- If a Seller withdraws a Lot from sale either at any time after 30 days have elapsed after signing the Consignment Agreement Form or after JB Military Antiques has photographed the Lot and/or allocated a Lot Number to the Lot (whichever is the earlier) but before the Lot has been advertised and/or catalogued for auction, the Seller shall pay JB Military Antiques their expenses for all work undertaken, plus a withdrawal fee equal to 18% plus GST of the higher of the Estimated Selling Range and or Reserve Price.
- If a Seller withdraws a Lot from sale after JB Military Antiques has advertised and/or catalogued the Lot for auction but before the Lot has been put on view, the Seller shall pay to the JB Military Antiques their work Expenses plus a withdrawal fee equal to 28% plus GST of the higher of the Estimated Selling Range and or Reserve Price.
- If a Seller withdraws a Lot from sale after the Lot has been put on view at the Sale venue or at JB Military Antiques premises up to and including 28 days after the Sale, the Seller shall pay to the Company the Expenses plus a withdrawal fee equal to 36% plus GST of the higher of the Estimated Selling Range and or Reserve Price.
- If a Seller purports to change the Agreed Reserve at any time without the consent of JB Military Antiques, the Seller shall be deemed to have withdrawn the Lot from sale.
- If JB Military Antiques or the Seller is restrained by order of any Court or other competent authority from selling a Lot or if JB Military Antiques has reasonable cause for believing that either:
- JB Military Antiques or the Seller is so restrained or otherwise not legally entitled to sell the Lot;
- the Seller is in breach of any one or more of the warranties of the Seller, or
- the description of the Lot given to JB Military Antiques by the Seller is inaccurate or misleading in any material respect, then JB Military Antiques may by notice in writing to the Seller decline to sell the Lot in question and the Seller shall be deemed to have withdrawn the Lot from sale.
- If a Lot is withdrawn from sale or deemed to have been withdrawn then the Seller shall arrange for collection and removal of the Lot at Seller’s expense within 2 business days after the date of withdrawal provided that the Seller has paid the Expenses and the applicable withdrawal fee.
- If JB Military Antiques incurs any legal and other costs investigating or defending any Claims concerning the ownership of a Lot, the accuracy of the description of the Lot contained in the Catalogue or the warranties of the Seller, the Seller shall indemnify JB Military Antiques for all such costs.
- JB Military Antiques is authorised by the Seller to apply any money held by JB Military Antiques on behalf of the Seller to the payment or reimbursement of any amount payable by the Seller to the Company including the Expenses and the withdrawal fees.
- JB Military Antiques may claim a lien on any goods held by JB Military Antiques for the Seller until all money payable to JB Military Antiques by the Seller has been paid and, if it is not paid within 28 days, may exercise a power of sale over those goods.
10. Published photography, illustration & descriptions
- JB Military Antiques shall have the right to photograph and make illustrations of any Lot and to use at its discretion in the normal course of business such photographs and illustrations, and any photograph or illustration of a Lot owned and supplied by the Seller, whether or not in conjunction with the Sale.
- Where the Seller agrees to the cost of such photographs and illustrations being incurred (and the amount to be incurred), the Seller is liable for the payment of that cost.
- The copyright of all photographs taken and illustrations made of any Lot by and on behalf of JB Military Antiques shall be the absolute property of JB Military Antiques.