Sterling Wine Auctions Australia

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Terms

These Terms govern all dealings with Sterling Wine Auctions (Sterling) concerning its fine wine auctions and are binding on Sellers and Buyers. Sterling recommends that you consider all the information provided about what Sterling is and how it does business then carefully read these Terms before dealing with Sterling as a Seller, Buyer or Member to ensure you understand the basis on which you are dealing with Sterling. If you have any queries you should contact Sterling on 08 9388 9955 to discuss them. These Terms will be updated from time to time by Sterling and a copy posted to Sterling Wine Auctions website www.sterlingauctions.com.au.

Definitions

"Auction"	means the sale of Goods by Sterling Wine Auctions under the hammer by 'Live' auction or on the World Wide Web using its website.
"Buyer"	means a party buying Goods from Sterling Wine Auctions through Sterling Wine Auctions wine auctions.
"Buyers Premium"	means the amount paid by the Buyer to Sterling Wine Auctions on the purchase of a Lot through Sterling Wine Auctions, being a set percentage of 15% (GST inclusive) of the Hammer Price of a Lot.
"Catalogue"	means a catalogue prepared by Sterling Wine Auctions detailing Lots to be sold at Auction.
"Commission"	means the amount paid by the Seller to Sterling Wine Auctions on the sale of a Lot through a Sterling Wine Auction.. No Commission is payable on unsold lots. Please contact Sterling Wine Auctions for rates
"Confidential Information"	means information that Sterling Wine Auctions obtains about Sellers, Buyers and Members including names, addresses, telephone and fax numbers, email addresses, reserves and dealings with Sterling Wine Auctions.
"Goods"	means goods including wine offered for sale by Sellers through Sterling Wine Auctions for purchase by Buyers.
"GST"	means the Goods and Services Tax
"Lot"	means any Goods deposited with Sterling Wine Auctions with a view to its sale at Auction; in particular, the item or items described against any lot number in any Catalogue.
"Member"	means a party who is a member of Sterling Wine Auctions  by way of completing the member subscription form which in turn Sterling has accepted
"Hammer Price"	means the price successfully bid for and to be paid by the Buyer for a Lot sold at Auction.
"Purchase Price"	means the "Hammer Price" plus the "Buyer's Premium".
"Reserves"	means the seller (at Sterling Wine Auctions absolute discretion) may place a reserve on goods. Sterling Wine Auctions will assist the seller in setting a reserve. Reserves are confidential and not published.
"Seller"	means a party selling Goods from Sterling Wine Auctions through its wine Auctions.
"Services"	means any services offered by Sterling Wine Auctions to Seller and Buyer including the sale and purchase of Goods at Auction.
"SterlingWine Auctions"	means Sterling Group Australia Pty Ltd . (ABN 49 057 435 471) trading as Sterling Wine Auctions.
"Website"	means the Sterling Wine Auctions website at www.sterlingauctions.com.au

Sterling Wine Auctions
Sterling Wine Auctions operates a fine wine auction business. Sterling Wine Auctions sells Goods at Auction on behalf of Sellers. Sterling Wine Auctions acts as agent for Sellers. Sterling Wine Auctions shall not be responsible for any default by the Seller or the Buyer. Sterling Wine Auctions evaluates Goods based on its experience and expertise. Sterling Wine Auctions may, at its absolute discretion, refuse admission to its premises, attendance at its auctions, membership on its website, or participation in any sale by any person.

Member
A Member is a party who has joined Sterling Wine Auctions Auction Services A Member is entitled to full access to Sterling Wine Auctions website and the right to bid at all Sterling Wine Auctions auctions

Members must provide accurate up-to-date information to Sterling Wine Auctions. Members have an account set up with Sterling Wine Auctions and provide their own member identification and password. Members must keep this confidential for security purposes and notify Sterling Wine Auctions immediately of any breach of security or unauthorised use of their member identification and password.

Member rights are personal and cannot be transferred to another party.

Seller
A Seller is a party who uses Sterling Wine Auctions Auction Services to sell Goods on their behalf for the payment of the Commission. Sterling Wine Auctions can provide a preliminary estimate of the value of Goods from a list provided by the Seller. Sterling Wine Auctions retains the right to refuse to deal with Goods that it considers inappropriate to Auction.

If Sterling Wine Auctions agrees to accept Goods for Auction they must be delivered by the Seller to Sterling Wine Auctions at least 30 days prior to Auction. Sterling Wine Auctions will issue a receipt for the Goods to the Seller promptly upon their receipt at Sterling Wine Auctions business premises. Sterling Wine Auctions will assess the Goods and provide a report on them to the Seller detailing faults (if any) detected by Sterling Wine Auctions. This information will be included in the Lot description in the Catalogue.

Placing Goods with Sterling Wine Auctions is an irrevocable offer to sell those Goods save that Goods can be withdrawn from sale (at Sterling Wine Auctions sole discretion) at no cost to the Seller at any time prior to the finalisation of the Catalogue. The Seller (at Sterling Wine Auctions absolute discretion) may place a reserve on Goods. Sterling Wine Auctions will assist the Seller in setting a reserve.

All Goods provided to Sterling Wine Auctions are insured, unless the seller choses not to do so. In need the Seller may effect their own insurance and provide details to Sterling Wine Auctions or (if arrangements are made with Sterling Wine Auctions) Sterling Wine Auctions will take out additional insurance (at the Seller's cost) for the Goods.

Risk
Any damage to Sellers Goods, held by Sterling Wine Auctions, caused by Sterling Wine Auctions shall be the responsibility of Sterling Wine Auctions and Sterling Wine Auctions shall pay the Seller the Purchase Price or (if not sold) the value of the Goods as determined by Sterling Wine Auctions in its sole discretion.

Buyer
Prior to bidding at an Auction the Buyer must ensure they have provided all necessary information to Sterling Wine Auctions by completing in full the New Bidder section of Sterling Wine Auctions website.

The Buyer hereby warrants to Sterling Wine Auctions that he/she is of age (18 or over) and has the legal capacity and ability to purchase alcoholic beverages. The Buyer further warrants that he/she can make a legally binding contract with Sterling Wine Auctions to purchase Goods and services.

Sterling Wine Auctions will promptly deliver a Tax Invoice for Goods sold at Auction to the Buyer. The Buyer must pay for Goods within 7 days of the receipt of the Tax Invoice.

Invoices are to be paid in full by cash or by bank cheque, direct debit or designated credit cards. Private cheques are acceptable but purchases may not be released until cheques have been cleared.

Goods purchased at Auction can be collected from Sterling Wine Auctions by the Buyer after payment of the Purchase Price and associated costs have been made to Sterling Wine Auctions and funds cleared. All Goods must be taken from Sterling Wine Auctions premises by the Buyer within 21 days of the Auction.

If the Buyer does not pay for and or take the Goods purchased within 30 days of the Auction then Sterling Wine Auctions may cancel the sale and re-sell the Goods. All costs incurred by Sterling Wine Auctions in respect to such a re-sale shall be paid by the Buyer.

The Buyer may effect their own insurance and provide details to Sterling Wine Auctions or (if arrangements are made with Sterling Wine Auctions) Sterling Wine Auctions will take out insurance (at the Buyer's cost) for the Goods.

Catalogue
Sterling Wine Auctions inspects and evaluates all Goods prior to offering them for sale. Sterling Wine Auctions prepares a Catalogue for each Auction detailing the Lots offered at the relevant Auction. This Catalogue is available in electronic and printed form.

The Catalogue includes a description and details of each Lot. Sterling Wine Auctions uses its own experience to evaluate Lots and uses its best endeavours to ensure that Lots are accurately assessed, detailed and described.

All Bordeaux listed in a Catalogue are Chateau bottled unless otherwise stated. Sterling Wine Auctions cannot readily ascertain how well Goods have been cellared. Goods are described as accurately as can be ascertained by Sterling Wine Auctions at the time, but Buyers of older wine must make appropriate allowances for natural variations of ullage and the condition of corks and labels.

Sterling Wine Auctions has made every effort to describe any bottle that is not in excellent condition. Each Lot is sold by the Seller with all faults and defects (if any) and with all errors of description and shall be at the Buyer's risk on the fall of the hammer and neither Sterling Wine Auctions nor the Seller shall be accountable for any deficiency, damage or loss which may arise thereafter. Sterling Wine Auctions disclaims any responsibility for all typographical errors or descriptions of Goods in Catalogues and any other Sterling Wine Auctions material.

Next to each Lot in the Catalogue will be a price estimate. This is an estimate by Sterling Wine Auctions of the value of the Lot based upon recent sales. Should a wine in the sale not have a recent sale's history the price guide will represent Sterling Wine Auctions best estimate of probable realisable value.

All statements in Catalogues, advertisements or brochures prepared by Sterling Wine Auctions are statements of opinion and are not, nor are they to be relied upon, as statements of fact.

Sellers must accept Sterling Wine Auctions' assessment of the Goods or withdraw the Goods from sale prior to finalisation of the relevant Catalogue.

Buyers must make their own assessment of any Lot before bidding for it.

Ownership of Goods
The Seller in providing Goods to Sterling Wine Auctions warrants to Sterling Wine Auctions and any Buyer of those Goods that it is the owner of those Goods; it can and will give good title thereto; and that the Goods are sold free of any encumbrance, mortgage security or lien.

Bidding
If you bid on a Lot you make an irrevocable offer to buy the Lot at the price bid. Bids received by Sterling Wine Auctions will be processed by Sterling Wine Auctions. Other than for a 'Live' Auction the current highest bid for each Lot will be posted on the website.

Bids must be received by the closing time on the closing day of the Auction as notified in the Catalogue. Bids for a 'Live' Auction must be received two hours before the commencement of the Live Sale on the day of sale. All time is Australian Western Standard Time (WST), Western Australia time.

Sterling Wine Auctions has the right, at its absolute discretion, to refuse any bid and to advance the bidding as it may determine.

Sterling Wine Auctions reserves the right to withdraw any Lot from sale or to combine any two or more lots at any time.

All bids and price estimates are per unit - for example per bottle, barrel, set, magnum, half bottle etc. All Invoices are in Australian dollars.  The foreign currency conversion option on the web site is a facility that provides a bidding guide to those not familiar with $AUD.

A Lot cannot be divided and the successful bidder must take the Lot as offered.

Sterling Wine Auctioneer’s Web Site programme, processes and monitors all bids placed on its website. It only posts bids to the website when that bid is AUD$1 more than the next highest bidder. If a Buyer is outbid before the close of the bidding for a particular Lot then the Sterling Wine Auctions web site , notifies the prospective Buyer(s) by email accordingly and offers the prospective Buyer(s) an opportunity to make another bid(s).

Sterling Wine Auctions web site software  ensures that, regardless of the maximum bid the Buyer bids on a given Lot, the Buyer pays only AUD$1 more than the next highest bidder. For example if the Buyer bids $AUD100 and the next highest bid is AUD$50 the Buyer pays only AUD$51.

For a 'Live' Auction bidding increments are set by the auctioneer. At a 'Live' Auction the highest bidder acceptable to the auctioneer at the Live Auction, and subject to any reserve, shall be the Buyer. If any dispute arises as to the last or best bidder, the Lot in dispute shall be put up again and resold.

A Seller is prohibited from placing bids or arranging to have bids placed on behalf of the Seller in respect to Goods that it offers for sale. A Seller can bid on any other Lots (not owned by it) in the Auction.

The final bid or Hammer Price means the price at which a Lot is knocked down to the Buyer, being the highest bid posted at the close of auction.

The Purchase Price payable by the Buyer shall be the final bid or Hammer Price, together with any impost chargeable on the final bid, being the Buyer's Premium (incl. GST).

Absent Bidding
For 'Live' Auctions prospective Buyers are advised to attend the Auction. However, if so instructed, Sterling Wine Auctions will execute bids ("Absent Bids") on behalf of Buyers, but neither Sterling Wine Auctions nor its employees nor agents shall be liable for any neglect or default in so doing or for failure to do so.

If Sterling Wine Auctions has received Absent Bids on a Lot for identical amounts and at Auction those Absent Bids are the highest bids for that Lot, the Lot shall be knocked down to the party whose Absent Bid (for the relevant amount) was received first by Sterling Wine Auctions. Sterling Wine Auctions does not make a specific charge for handling Absent Bids.

Payment
Buyer - Payments by Buyers to Sterling Wine Auctions must be made within 10 days of the close of the Auction at which the Lot was auctioned. The invoice value is determined by multiplying the number of bottles in the Lot by the price per bottle achieved. Sterling Wine Auctions will send the Buyer a tax invoice for the amount that the Buyer owes.

If Sterling Wine Auctions has to take action to recover monies from a Buyer then the Buyer agrees to pay all Sterling Wine Auctions recovery costs (including legal costs on a full indemnity basis) and expenses.

Seller - Sterling Wine Auctions deducts Commission from the Hammer Price and remits the balance of the Hammer Price of the Lot sold to the Seller within 30 days of the Auction, subject to receiving payment for the Lot in cleared funds from the Buyer.

GST
To the extent that the supply of services under this Agreement is a taxable supply the Purchase Price shall be increased by an amount equal to any GST (Goods & Services Tax) that Sterling Wine Auctions is liable to pay in respect of those goods or supply.

The Seller or Buyer's obligation to pay GST on the goods or services that are taxable supplies is subject to Sterling Wine Auctions providing a tax invoice for those goods or services.

Sterling Wine Auctions follows the convention, when negotiation or quoting vendor commission, of using the pre-GST figure.

The application of the GST can be summarised as follows -

Trade Seller (GST registered)
GST is included in the Hammer Price. Commission, Buyer's Premium, freight & insurance will also attract GST. The Seller must remit the GST component of the sale of goods to the government and can claim input tax credits on the GST applicable to our fees.

Trade Sellers need to supply Sterling Wine Auctions with their ABN. We will only collect GST on behalf of the Seller if we are advised at receipt of stock, or notified prior to the printing of our catalogue. It is the responsibility of the Seller to notify us of their GST status prior to our catalogue deadlines.

On completion of a sale, Sterling Wine Auctions will issue, when relevant, a Tax Invoice to Buyers of GST-affected lots. The GST collected from these Buyers will be passed on to the Trade Seller. This should be remitted by the Trade Seller (with a GST return) to the Australian Taxation Office.

Trade Buyer (GST registered)
The Hammer Price is inclusive of GST. GST registered Trade Buyers can claim the GST input credits for all purchases. Commission, Buyer's Premium, freight & insurance also attract GST. Trade Buyers can claim input credits on the GST applicable to our fees.

Sterling Wine Auctions catalogue caters for GST registered Trade Buyers. GST claimable lots are specifically noted.

Private Seller
GST is not charged on the Hammer Price. Commission, Buyer's Premium, freight & insurance do attract GST (exclusive of Sterling Wine Auctions charges).

Private Buyer
GST is not charged on the Hammer Price. Commission, Buyer's Premium, freight & insurance do attract GST (inclusive in Sterling Wine Auctions charges).

The expressions 'GST', 'supply', 'taxable supply', and 'tax invoice' have the same meaning as in A New Tax System (Goods and Services Tax) Act, 1999.

Pick Up and Delivery
Subject to payment, Goods purchased must be picked up by the Buyer from Sterling Wine Auctions as soon as possible after the Auction. Sterling Wine Auctions must be given 24 hours notice of intent to pick up the Goods. Buyers must advise Sterling Wine Auctions of any delay in collecting the Goods to avoid any extra levy's being charged.

For country and interstate buyers Sterling Wine Auctions will pack wine for shipment. Goods are shipped anywhere in Australia by Sterling Wine Auctions preferred carriers. The rate is AUD $20.00 per carton (GST inclusive). Insurance can also be arranged at AUD $2.20 per AUD $100 value (GST inclusive). Rate changes will be detailed on Sterling Wine Auctions website. If insurance is taken each shipment must be insured to its full invoice value.

International shipment of Goods can be arranged on request.

Seller Default
If the Seller does not own the Goods and or have clear title to the Goods and/or provides misleading and deceptive information about the Goods to Sterling Wine Auctions then -

If the Goods have not been sold, Sterling Wine Auctions may withdraw the Goods from Auction and return them to the Seller upon payment by the Seller to Sterling Wine Auctions of any and all reasonable costs of Sterling Wine Auctions associated with obtaining and assessing the Goods for sale and returning them to the Seller.

If the Goods have been sold but not delivered to the Buyer, Sterling Wine Auctions shall terminate the sale contract with the Buyer, refund to the Buyer any monies paid by the Buyer and return the Goods to the Seller upon payment by the Seller to Sterling Wine Auctions of any and all reasonable costs of Sterling Wine Auctions associated with obtaining and assessing the Goods for sale and returning them to the Seller.

If the Goods have been delivered to Buyer, Sterling Wine Auctions shall recover the Goods and refund to the Buyer any monies paid by the Buyer. The Buyer shall have no claim upon Sterling Wine Auctions in respect to the Goods save for receiving the refund of any monies paid to Sterling Wine Auctions for the Goods.

Buyer Default
If a Buyer fails either to pay for or to take away any Lot within 30 days of the Auction, Sterling Wine Auctions shall, without further notice to the Buyer and at its absolute discretion, and without prejudice to any other rights or remedies it may have, be entitled to exercise one or more of the following rights or remedies -

(1)	issue proceedings against the Buyer for the cost of the Goods, interest costs, expenses and damages for breach of contract;
(2)	rescind the sale of that or any other Lots sold to the Buyer at the same or any other Auction;
(3)	resell the Lot or cause it to be resold by public or private sale. Any deficiency in the Purchase Price resulting from such resale (after giving credit for payment) together with the full costs incurred in connection with the Lot, shall be paid to Sterling Wine Auctions by the Buyer. Any surplus (if any) on the net resale Purchase Price over the net Purchase Price on the original sale Price shall be paid to the Seller;
(4)	to store the Lot or cause it to be stored, whether at its own premises or elsewhere, at the sole expense of the Buyer and to release the Lot only after payment in full of the Purchase Price, the accrued cost of removal, storage and insurance and all other costs incurred in connection with the Lot;
(5)	to charge interest on the purchase price at the rate of 2% above the National Australia Bank base rate to the extent that it remains unpaid for more than thirty days from date of sale;
(6)	to retain that or any other Lot sold to the Buyer at the same or any other Auction and release the same only after payment of the Purchase Price;and
(7)	to apply any proceeds of sale of any Lot then due or at any time thereafter becoming due to the Buyer towards settlement of the Purchase Price and expenses and Sterling Wine Auctions shall be entitled to a lien on any property of the Buyer which is in Sterling Wine Auctions' possession until all monies owing to Sterling Wine Auctions by the Buyer have been paid in full.

Member Default
If Sterling Wine Auctions considers that a Member has breached the terms of these Terms, without further notice to the Member and at its absolute discretion, it may immediately suspend his/her membership rights including the right to bid at Auctions.

Warranties
Subject to the provisions of clause 19, neither Seller nor Sterling Wine Auctions, its employees or agents shall be responsible for the correctness of any statement as to authorship, origin, date, age, attribution or provenance of any Lot, nor for any other errors of description or for any faults or defects in any lot and no warranty whatsoever is given by the Seller or Sterling Wine Auctions, its employees or agents in respect of any Lot.

The only conditions and warranties which are binding on Sterling Wine Auctions in respect of the state, quality or condition of the goods and services supplied by it to Seller and Buyer and/or in respect of advice, recommendation(s), information or services supplied by Sterling Wine Auctions, its employees, servants or agents to the Seller or the Buyer regarding the Goods and services, are those imposed and required to be binding by statute (including the Trade Practices Act 1974) and to the fullest extent permitted thereby the liability (if any) of Sterling Wine Auctions arising from the breach of such conditions or warranties shall, at Sterling Wine Auctions' option, be limited to and completely discharged in the case of the Goods by either (at Sterling Wine Auctions' sole option) the payment by Sterling Wine Auctions of the value of the Goods as determined by Sterling Wine Auctions in its sole discretion or the replacement by Sterling Wine Auctions of the Goods and in the case of advice, recommendation(s), information or services by the supplying by Sterling Wine Auctions of the advice, recommendation(s), information or services again and otherwise all other conditions and warranties whether express or implied by law in respect of the state, quality or condition of the said Goods which may apart from this clause be binding on Sterling Wine Auctions, are hereby expressly excluded and negatived.

Except to the extent provided in this Clause 18, Sterling Wine Auctions shall have no liability (including liability in negligence) to any person for any loss or damage consequential or otherwise howsoever suffered or incurred by any such person in relation to the Goods and/or advice, recommendation(s), information or services and without limiting the generality thereof in particular any loss or damage consequential or otherwise howsoever suffered or incurred by any such person caused by or resulting directly or indirectly from any failure, defect or deficiency of whatsoever nature or kind of or in the Goods and/or advice, recommendation(s), information or services and without limiting the generality thereof in particular any loss or damage consequential or otherwise howsoever suffered or incurred by any such person caused by or resulting directly or indirectly from any failure, defect or deficiency of whatsoever nature or kind of or in the Goods and/or advice, recommendation(s), information or services.

Sterling Wine Auctions Undertaking
If within twenty-eight days of the date of the Auction -

(1)	Sterling Wine Auctions receives notice in writing from the Buyer of any Lot that in his/her view the Lot was at the time of the sale short or ullaged or out of condition or that any statement of opinion in the Catalogue was not well founded; and
(2)	Within fourteen days of such notice, Sterling Wine Auctions has the Lot in its possession in the same condition (as determined by Sterling Wine Auctions) as at the date of the Auction; and
(3)	Within a reasonable time thereafter, the Buyer satisfies Sterling Wine Auctions that the Lot was defective as notified in writing by the Buyer and the Buyer is able to transfer a good and marketable title to the Lot free from any liens or encumbrances (and the Seller shall accept any decision by Sterling Wine Auctions as final), Sterling Wine Auctions will set aside the sale and refund to the Buyer any amount paid by the Buyer in respect of the Lot provided that the Buyer shall have no rights under this condition if -
(a)	The Catalogue description at the date of the Auction was in accordance with the then generally accepted opinion of scholars or experts or fairly indicated there to be a conflict of such opinion or;
(b)	It can be established that the Lot as notified in writing by the Buyer was identifiable only by means of scientific process not generally accepted for use until after publication of the Catalogue or by means of a process which at the date of the Auction was unreasonably expensive or impractical or likely to have caused damage to the Lot; and
(4)	The Buyer shall not be entitled to claim under this condition for more than the amount paid by him/her for the Lot and in particular shall have no claim for any loss, consequential loss or damage whether direct or indirect suffered by him/her.
(5)	The benefit of the undertaking provided by Sterling Wine Auctions in this Clause 19 is personal to Buyer (being the party to whom the Tax Invoice for the Lot was issued by Sterling Wine Auctions) and shall not be assignable.

Use of Sterling Wine Auctions Facilities
Sterling Wine Auctions will use its best endeavours to ensure the availability of access to its services including its website but makes no warranty that continuous access can or will be available at all times.

Privacy
When you trade with Sterling Wine Auctions you agree to do so subject to the terms of Sterling Wine Auctions privacy policy. Our privacy policy forms part of Sterling Wine Auctions Terms and Conditions of trading. It is available separately and can be read by clicking Privacy located on the bottom margin of our website (adjacent to Terms & Conditions).

Law
These Terms and any contract including them shall be governed by the laws of the State of Australia in which the relevant Auction takes place and the parties hereby submit to the non-exclusive jurisdiction of the Courts of that State.

General

(1)	All communications shall be by notice in writing and sent to Sterling Wine Auctions and the Seller or Buyer at their addresses, facsimile numbers and email addresses as advised from time to time. A notice shall be deemed received when the sender hand delivers it or (if by fax or email) the receiver receives confirmation of receipt and in any event within 24 hours of sending the notice.
(2)	These Terms and the accompanying Privacy Policy constitute the entire agreement between Sterling Wine Auctions and the Seller or the Buyer relating to the Goods and services and there are no agreements understandings warranties or representations between the parties other than those contained herein.
(3)	No waiver or failure or delay to act by Sterling Wine Auctions in respect to any default on the part of Buyer or Seller in the performance of these terms and conditions shall prevent actioning that or any other default by the Seller or Buyer.
(4)	The singular shall include the plural and vice versa, words importing any gender shall include every other gender, and where there is more than one party comprising Seller or Buyer, they shall be bound jointly and severally.