NewDirections2023 - Catalog - Page 47
sold within fourteen days of notifying
Australian Prostate Cancer Research of
the forgery allegations. For a lot to be
established as a forgery, the following
conditions must be satisfied: a) the
buyer must supply two independent
expert testimonies attesting to the
forgery. Australian Prostate Cancer
Research is entitled to request further
expert evidence where it deems the
evidence provided to be unsatisfactory;
b) there must be no conflict of opinion
among accepted experts in the field;
and c) the forgery must be able to be
proven through means that at the time
of publication of the catalogue were
commonly employed and that will not
damage or otherwise put the lot in
jeopardy. The limited warranty and the
right to rescind the sale is not assignable
and the buyer must have retained title to
the lot without disposing of any interest
in it up until the buyer notifies Australian
Prostate Cancer Research of the forgery
allegations. The buyer acknowledges
that it has no rights directly against
Australian Prostate Cancer Research if a
lot is established to be a forgery.
14. Termination, Breach and Legalities: a)
Australian Prostate Cancer Research
breach: To the extent permitted by
law, the sole and maximum remedy
to a buyer for breach of warranty is
a refund of original purchase price,
including buyer’s premium. In such
an event the sale contract shall be
rescinded and all costs associated with
returning the property (in the state in
which it was sold) to the premises of
Australian Prostate Cancer Research
are to be borne by the buyer. Australian
Prostate Cancer Research is not liable
for any indirect or consequential loss or
damage for any matter arising directly
or indirectly as a result of the sale. b)
Buyer breach: Australian Prostate Cancer
Research may, in addition to other
remedies available by law, exercise
one or more of the following rights or
remedies for breach: i. Cancel the sale
and retain any payment or property in
Australian Prostate Cancer Research
custody as collateral or liquidated
damages. ii. Charge the buyer interest
at the rate of 2% above the rate
fixed under section 2 of the Penalty
Interest Rates Act 1984 (Vic). iii. Resell
the property without reserve at the
next auction or privately on five days
notice. Any disparity between sale
and resale prices, including associated
costs such as, but not limited to, legal,
storage and sale expenses, will be to
the account of the defaulting buyer. iv.
Apply any part payment received from
the buyer in respect of any lots at its
discretion. v. Retain any of the buyer’s
property held by Australian Prostate
Cancer Research until the buyer has
satisfied its obligations to Australian
Prostate Cancer Research. vi. Take
any other action Australian Prostate
Cancer Research deems necessary or
appropriate. vii. Refuse to permit the
buyer to participate in future auctions.
viii. Provide the vendor with the buyer’s
details to permit the vendor to take
action against the buyer to recover the
money.
15. Governing law and jurisdiction: These
terms and conditions and any matters
concerned with the foregoing fall within
the exclusive jurisdiction of the courts
of the state in which the auction or
private sale is held.
16. Severability: In the event that any
provisions of this agreement should be
found unenforceable in a court of law,
that part shall be discounted and the
remaining conditions shall continue
in full force and effect to the extent
permitted by law.
