Conditions of sale

We understand that this part can be dull and time consuming, however, it is important that you read our Terms & Conditions prior to doing business with Kerleys. They are simple, straight forward and here to protect our customers and vendors. When buying or selling at Kerleys, you are bound by our simple Terms & Conditions of sale and must accept these terms.

KERLEYS AUCTIONS PTY. LTD. trading as KERLEYS AUCTIONS.
A.C.N: 639 735 247

COMMISSION & PREMIUM:
A buyers premium of 20% including GST is applicable to all lots purchased via Absentee or Phone Bid. If bidding online via Invaluable, you will incur an additional 5% premium on-top of our rate, bringing the premium to 25%. A sellers commission of 20% including GST is applicable to all sellers at the final hammer price.
Buyers, for example: A lot that you win at auction for $75 will attract 20% on top of the price - this takes the final total to $89.17.

BUYERS:
All buyers MUST register for a bidder number prior to auction.
The highest bidder will be the purchaser and in any case of a dispute, the auctioneer may re-offer that lot. The Auctioneer's decision will be final.

The Auctioneer holds the right to refuse any bid or bidder and may place a reserve, on any lot, at any time, prior to or during the auction. If necessary, the Auctioneer may withdraw any lot at his/her discretion.

IMPORTANT - all items must be finalised and paid for prior to closing time (5.00pm) on the Wednesday following the auction. Any items not paid for by this time will be re-offered to the second highest bidder, where blacklisting and charges will take into effect. Any buyers that have purposely bid and not attempted to make payment will be recorded and banned from entering any future auctions at Kerleys. Falsifying personal information and “dummy bidding” is an offence and will attract serious penalties, including Fees charged to your account by Invaluable.com.

Absentee bids will be accepted up to 1 hour prior to auction commencement. We will endeavour to ensure all absentee bids are lodged with the Auctioneer & our bidding software, however, we do not accept liability for any errors or missed bids.

Registration: When you register to bid at Kerleys Auctions, whether online or in person, you are bound by standard legal legislation. Providing false or misleading information upon registration is an offence and attracts serious penalties.

CONDITION:
It is the full responsibility of the buyer to inspect each item/lot they intend on purchasing prior to auction. In all cases, buyers are responsible for determining the condition of the item/s that they are intending to purchase and under no circumstance shall Kerleys Auctions be held accountable for their opinions or advice given to buyers. Kerleys Auctions are not liable for any defects, damage, faults, imperfections or restorations of any kind, on any lot offered for auction. We are proud to offer honest, experienced descriptions and appraisals, although in no case shall Kerleys or the vendor be liable for any incorrect item descriptions or error in authenticity. The absence of a written Condition Report does not qualify the item being flawed or undamaged. Both Buyer and Seller acknowledges that Kerleys Auctions is entitled to rely on the accuracy of a lot description provided by, or on behalf of the Seller. Furthermore, Kerleys Auctions Pty. Ltd is not liable for any damage caused during transit or at the hands of staff whilst handling the sellers or buyers goods.

As an Auction Company acting solely as an agent to the vendor, all goods delivered to our premises will be deemed to be delivered for sale by auction. Kerleys are not liable for any stolen or misplaced item/s sold through us. In these circumstances, it is not our obligation to provide a refund to the seller, buyer or original owner of the goods in question. Kerleys shall at any time cooperate with any legal proceedings and/or police matters.

STORAGE FEES
Storage fees are applicable to both buyers & sellers. A flat-fee of $25 per week is applicable when; 1. A Buyer has not collected their purchase within specified collection deadlines. 2. A Seller wishes to store the item at the Kerleys premises. 3. Items are prematurely delivered, or, discarded at the Kerleys Premises.

APPRAISALS & ESTIMATES
Any estimated selling price range provided by Kerleys Auctions is a statement of opinion and should not be relied upon as a representation of the sale price a lot may achieve at an auction.

PAYMENTS:
Buyers, all payments are to be completed within 3 business days following the auction by any of the following payment methods: Eftpos, cash, bank transfer or PayPal. Credit cards attract a surcharge of 1.5% - this is a processing fee charged by our bank and is not a sum withheld by Kerleys Auctions.

Lots purchased may not be removed from our premises until full payment has been processed. All deposits and part payments are NOT refundable, any accounts not finalised within 7 days will deem your goods abandoned. Items may be collected after full payment has been cleared and received.

FAILURE TO COLLECT PURCHASES
Where purchases are not collected within 3 business days from the sale date, we shall be permitted to charge a Storage fee of $25 per week. Storage, insurance and any other costs incurred by Kerleys will be added to the buyers invoice and MUST be paid by the buyer before goods are released. We ask that all buyers ensure they are able to collect their purchase/s within the stated time frame or contact Kerleys staff to make alternative arrangements prior to auction commencement.

RETURN POLICY.
We at Kerleys Auctions understand that shopping at auctions or online can have its ups and downs. We do our best to describe and photograph each lot accurately for our customers. Kerleys does NOT accept returns - we ask that you inspect each lot and request further information prior to bidding to ensure full satisfaction. Our staff are available at all times to provide condition reports.

POSTAGE / SHIPPING / DELIVERY.
Buyers are responsible for paying the postage/shipping/delivery cost for your purchased items. Kerleys charges the buyer the exact amount that the courier or postal service charges to send the parcel, we do NOT charge or withhold any excess funds.

All items purchased from Kerleys Auctions are made pursuant to a shipment contract with the courier in question. This means that the risk of loss for such items passes to you upon our delivery to the carrier. Kerleys Auctions are not responsible for parcels lost or damaged in transit. We will always provide a tracking number via email, txt message or phone once each parcel is dispatched. If a parcel has not arrived or you suspect it has been lost in transit, please contact the courier with your tracking number. 

​We try to be as helpful as possible, so we have provided a link to the "Missing Mail Items" page on the Australia Post website for parcels sent through this courier. Please click on the link below if you suspect your parcel has been lost in transit:

https://auspost.com.au/parcels-mail/missing-mail-items

​In the case of a change of mind, misconception or breakage, returns and refunds will not be accepted.

Goods & Services Tax (GST)
In accordance with the Australian Goods and Services Tax Act 1999, Kerleys will collect on behalf of the Australian tax office (ATO) a Goods and Service Tax (GST) of 10% on all applicable transactions. GST is included in all totals charged by Kerleys to buyers and sellers, and does not come at an additional charge.

RISK OF PERSONAL INJURY OR LOSS.
Kerleys Auctions Pty. Ltd. does not accept liability for any injury, damage or loss sustained by any person/s whilst on our premises, except where the company’s employee/s has/have acted with gross negligence.

GEMSTONES
For centuries, gemstones have been subjected to a variety of treatments to enhance their appearance and durability. Treatments in the form of heat, staining, dyeing, irradiation, filling or coating is common and may have been utilised in the precious and semi-precious gemstones Kerleys offers for sale. Buyers should assume that each lot has been subject to some form of treatment and that the estimates reflect this.

Many laboratories and Gemologists issue certificates that provide detailed descriptions of Gemstones and Jewellery. In the event that Kerleys has been supplied with a certificate for any lot, this shall be noted in the catalogue. However, as there may be differing opinions between different laboratories on the degree, or types of gemstone treatment, Kerleys supply these without warranty.

FEES & CHARGES
Any applicable Fees & Charges written in the “CONDITIONS OF SALE” & “TERMS & CONDITIONS” agreements are subject to periodic change. These price values are evaluated on a monthly basis, and any changes affecting our customers & clients are always written within these agreements on our website (www.kerleysauctions.com.au).

LAWS & JURISDICTION
All Terms and Conditions detailed above, along with our privacy policy, fall within the jurisdiction of Victorian Courts. Any serious breach of our terms and policies may be subject to legal prosecution.