AUCTION TERMS & conditions

United Cellars Australia Pty Ltd ACN 95 111 797 623 (United Cellars)


These additional Terms and Conditions apply to auctions conducted via the website and where appropriate via live auction and apply to the extent not already covered in the Standard Terms and Conditions of United Cellars. If there is any inconsistency, these terms prevail.

  1. Highest Bidder
    1. Subject to any reserve price (Reserve), the highest bidder shall be the Buyer and any dispute shall be settled by the Auctioneer who may at any time at his absolute discretion and regardless of the fall of the hammer re-open the bidding or withdraw the Lot from sale.  The decision of the Auctioneer shall be final.
  2. Auctioneer is Agent for Seller
    1. Where United Cellars is acting as agent for the seller and is not selling as principal, it is not responsible for any default by the Seller or the Buyer.
  3. Auction Platform Account Registration
    1. Every bidder shall complete and sign a Registration. Proof of identity and proof of age acceptable to United Cellars may be required prior to bidding. United Cellars may also request bank, trade or other financial references to substantiate this registration.

      Each Auction Participant must:
      1. complete and sign a Registration. Proof of identity and proof of age acceptable to United Cellars may be required prior to bidding. United Cellars may also request bank, trade or other financial references to substantiate this registration.
      2. ensure that the information in its Auction Platform Account and Register Holding Account is up-to-date and always correct (to the extent such information is within the Auction Participant’s control); and
      3. ensure that all other information provided by it and its Representatives to the Auction Operator in relation to an Auction is up to date and correct at the time the information is provided.
      4. Unless an Auction Participant notifies the Auction Operator in advance, the Auction Operator is entitled to rely on any request, instruction, information, or Bid received from or made through the Auction Participant’s Auction Platform Account if the Auction Participant’s Auction Platform Account has been accessed using the correct username and password.
    2. Each Auction Participant must maintain, and must ensure that its Representatives maintain, the security of its Auction Platform Account login details and passwords and must prevent disclosure of login details and passwords to any other person.
    3. If an Auction Participant knows, suspects or ought reasonably to know or suspect that any login details and/or password has been disclosed to any other person, the Auction Participant must immediately notify the Auction Operator by email to the address set out in the “Contact us” section of the Auction Platform.
  4. Regulation of Bidding
    1. If you bid on a Lot you make an irrevocable offer to buy the Lot at the price bid. Bids received by United Cellars will be processed by United Cellars. Except as otherwise provided in this clause, the current highest bid for each Lot will be posted on the Website.
    2. Bids must be received by the closing time on the closing day of the Auction as notified on the Website. All time is as specified, being Australian Eastern Time (AEST).
    3. United Cellars has the right, at its absolute discretion, to refuse any bid and to advance the bidding (including through vendor bids) as it may determine.
    4. United Cellars reserves the right to withdraw any Lot from sale (including after any bid(s) has been made or where a Lot is purchased in the Store prior to any bid) or to combine any two or more Lots at any time.
    5. All prices are in Australian dollars.
    6. A Lot cannot be divided, and the successful bidder must take the Lot as offered.
    7. United Cellars (using its AutoBid technology) processes and monitors all bids placed on the Website. It only posts bids to the Website when that bid is AUD$1 more than the next highest bidder, Bid increments increase at different levels based on value. For more details see increment chart
    8. If a Buyer is outbid before the close of the bidding for a particular Lot then United Cellars, using its AutoBid system, notifies the prospective Buyer(s) by email accordingly and offers the prospective Buyer(s) an opportunity to make another bid(s).
    9. Except where explicitly permitted by United Cellars (in its discretion as auctioneer), a Seller is prohibited from placing bids or arranging to have bids placed on behalf of the Seller in respect of Goods that it offers for sale. A Seller can bid on any other Lots (not owned by it) in the Auction.
    10. An Auction of a Lot may or may not have a reserve price (Reserve). Whether or not a Lot has a Reserve will not be disclosed. If a Lot has a Reserve, it will not be sold at Auction until a Buyer bids at or above the Reserve. If the Lot is passed in as a result of bidding failing to reach the Reserve, the highest bidder may, in United Cellars absolute discretion, be given an exclusive opportunity (available for a period of 24 hours after close of the Auction, after which time it will expire) to purchase the Lot at Reserve.
    11. For a live auction, the Auctioneer has the right in his absolute discretion to refuse any bid and to advance and regulate the bidding as he decides, and any bid acknowledged and relied upon by the Auctioneer may not be withdrawn.
  5. Rights of Auctioneer and Seller
    1. The Auctioneer and the Seller reserve the following rights which may be exercised by the Auctioneer without giving any reason therefor:
      1. not to offer for sale any Lot described on the website;
      2. to offer for sale part only of any Lot described on the website;
      3. to offer (2) or more of the Lots described on the website as separate Lots or together as one;
      4. to keep secret the existence and amount of the Reserve (if any) of the Lot;
      5. in the event that any Buyer shall successfully bid for more than one Lot at the auction –
        1. to appropriate any moneys received from that Buyer in satisfaction or partial satisfaction of the Purchase Price due in respect of any one or more of such Lot to the total or partial exclusion of amounts due in respect of any other such Lot or Lots as the Auctioneer shall see fit; and
        2. to elect at any time to treat each Contract for the sale of each such Lots as interdependent with each other such Contract or Contracts and default under any such Contract shall be treated as default under all such Contracts;
      6. to bid on behalf of the Seller or any prospective Buyer with or without disclosure;
      7. in the event that any Lot is not sold at the auction to offer to sell same thereafter by private treaty but otherwise subject to these Conditions; and
      8. to refuse any person or persons admission to, or eject them from, the site of the auction.
  6. Buyers Premium
    1. The Buyer may be required to pay to United Cellars a Buyers Premium based on a percentage of the Hammer Price.  The terms of that premium will be published prior to the auction, and confirmed when the Buyer places the Bid. The Buyer acknowledges that United Cellars may also receive commission from the Seller.
    2. Buyer premium is 15% inclusive of GST, unless otherwise agreed in writing by United Cellars
  7. Goods and Services Tax
    1. A Goods and Services Tax (GST) at the prescribed rate, where applicable, will not be included in the Hammer Price of a Lot.  Unless stated otherwise, the GST will apply in all cases to United Cellars’ Commission, charges and Buyer’s Premium, and will be added to those fees and charges.  United Cellars will disclose whether or not GST is applicable to the Hammer Price of a Lot prior to offering the Lot for sale.
    2. Where GST is collected on the Hammer Price of a Lot for a registered Seller, the GST will be paid to the Seller with the proceeds of the sale, and the Seller acknowledges it is the Seller’s responsibility to remit the GST to the appropriate authority.
    3. It is the Seller’s responsibility to disclose to United Cellars whether or not the sale of the Lot(s) will be subject to GST.
  8. Statements made by Auctioneer
    1. All conditions, notices, descriptions, statements, and other matters on this site and elsewhere concerning a Lot are subject to any statements modifying or affecting the same made by the Auctioneer prior to any bid being accepted for the Lot.
  9. Lot Descriptions
    1. Any representation or statement by United Cellars on this site, advertisement, or catalogue as to the origin, age, period, attribution, genuineness, provenance, condition, quality, or estimated selling price of any Lot is a statement of opinion only. Any illustrations on this site are solely for the guidance of prospective Buyers and are not to be relied upon in terms of tone or colour or necessarily to reveal imperfections in any Lot.
    2. Many Lots are of an age or nature which precludes their being in pristine condition and some descriptions on this site make reference to damage and/or restoration. Such information is given for guidance only and the absence of such a reference does not imply that a Lot is free from defects nor does any reference to particular defects imply the absence of others;
    3. Unless expressly agreed with a Buyer, United Cellars will have no liability to a Buyer for any misdescription of the Lot. 
  10. Exclusion of Warranties
    1. No error or misdescription or deficiency in quantity shall vitiate the sale and the Buyer shall be bound to take delivery of the Lot without any allowance or abatement in price.
    2. Any warranties which might otherwise be implied by the Sale of Goods Act 1923 are hereby excluded and shall not apply.  All Lots are sold “as is” and United Cellars and the Seller make no representations or warranties as to any Lot other than those implied by the Common Law or by statute, the exclusion of which would render this Condition void or voidable or which would constitute an offence by the Auctioneer or the Seller.
    3. Intending bidders must satisfy themselves by inspection or otherwise as to the nature of the Lot and must accept same with all faults, patent or latent (if any).
    4. No warranty shall be implied from any affirmation made at the auction or otherwise but in all cases where an express warranty is intended, the same shall only be enforceable if reduced to writing and signed by the Seller or by the Auctioneer as agent for the Seller.
  11. Agreement for Sale and Payment of Purchase Price
    1. Upon the sale of Lot, the Buyer shall:
      1. unless he has already done so, give to United Cellars his name and address, and, if so required by United Cellars, proof of his identity and age and details of his bank or other suitable references,
      2. sign the agreement for sale (if any);
      3. pay to United Cellars the Purchase Price at the conclusion of the Auction unless such other terms or period have been specified or agreed to prior to the auction.  Payment shall be made in Australian dollars either in cash,Visa/Master Card/American Express (1% surcharge for purchases made by credit card) bank cheque or by telegraphic transfer direct  to United Cellars Trust Account. Personal cheques may be accepted at the discretion of United Cellars but, unless prior arrangements have been made, must be cleared before delivery of the Lot.
      4. All overseas buyers are required to pay by telegraphic transfer direct  to United Cellars Trust Account
      5. The Auctioneer does require immediate payment or part payment of the Purchase Price in cash or otherwise upon the fall of the hammer.
  12. Responsibility for purchased Lots
    1. A purchased Lot shall be at the Buyer’s risk in all respects from the conclusion for the auction for that lot whether or not payment has been made and neither United Cellars nor the Seller shall thereafter be liable for any loss or damage of any kind, unless due to the wilful act or direct negligence of United Cellars, notwithstanding that any Lot is in or under United Cellars custody or control at the time of the occurrence of the loss or damage.
    2. Goods held by United Cellars will be at the Seller's risk until returned to the Seller or paid for by a Buyer, save that any damage to the Goods caused by United Cellars negligence or wilful misconduct shall be the responsibility of United Cellars.
    3. Each Lot is sold by the Seller with all faults and defects (if any) and, where sold by Auction, shall be at the Buyer's risk and neither United Cellars nor the Seller shall be accountable for any deficiency, damage or loss which may arise after the close of the Auction, except to the extent it arises from United Cellars negligence or wilful misconduct.
    4. To the extent permitted by law, United Cellars liability under clause 12.1, 12.2 or 12.3 shall be limited to the Hammer Price or Store Price (as applicable) or (if not sold) the value of the Goods as reasonably determined by United Cellars. Except as expressly provided in these Terms, United Cellars shall not be responsible to a Seller or Buyer for any other loss, damage, action, cost or expense in respect to the Goods.
    5. Where United Cellars is selling Goods on behalf of a Seller, United Cellars shall not be responsible for any default by a Seller or Buyer.
  13. Collection of Purchases
    1. Title and delivery shall not pass or arise to the Buyer until the Purchase Price has been paid in full.
    2. No Lot may be taken away during the auction nor may any Lot be taken away until the Purchase Price has been paid in full.
    3. The Buyer shall remove at his expense any Lot purchased by him within two (2) working days from the closing of the auction for that Lot or such other time as may be specified or agreed to by United Cellars and in this regard time shall be of the essence.
    4. Any removal shall be at the risk of the Buyer.
    5. Any Lot or part thereof which the Buyer does not remove may thereafter be removed by United Cellars or by some person, firm or company engaged by United Cellars or the Seller and/or stored at the place at which the auction took place or elsewhere.  Such removal and/or storage (whether made for the safety of the goods or for the convenience of the Seller or United Cellars or to enable resale of the Lot pursuant to Condition 14) shall be deemed to have been made by United Cellars at the request of the Buyer and all costs incurred by United Cellars or the Seller in relation thereto shall be immediately payable by the Buyer to United Cellars who may sue for and recover the same as liquidated damages.
    6. Any packing and handling of purchased Lots by United Cellars is undertaken solely as a service to Buyers, and will only be undertaken at United Cellars’ discretion and at the Buyer’s risk.  United Cellars shall not be liable in any event for any damage to glass or frames, irrespective of cause.  United Cellars shall not be liable for any errors or omissions or damage caused by packers and shippers that United Cellars has recommended to Buyers.
    7. No Buyer shall resell or otherwise deal with any Lot or part thereof within the auction premises.
  14. Delivery
    1. Except where Buyers pick up the Goods (if available under clause 12), United Cellars will deliver the Goods to an address in Australia specified by the Buyer provided the recipient at that address is over 18 years of age and is not intoxicated. Delivery fees are specified on the Website. International clients need to contact United Cellars to make shipping and insurance arrangements.
    2. A Buyer of Goods purchased at Auction may request United Cellars to hold the Goods for up to 21 days to consolidate the shipping of those Goods with other purchases made by the Buyer through the Website. Unless such a request, is made, or where United Cellars does not consent to such request, all Goods must leave United Cellars' premises (whether by pick up (where available) or by delivery) within 21 days of the Auction.
    3. Without limiting clause 13.2, where Goods remain at United Cellars' premises more than 21 days after the Auction (except where shipping of the Goods is delayed as a result of United Cellars negligence) the Buyer shall be liable to pay storage fees as specified on the Website.
    4. Buyers can elect at the time of purchase, for an additional fee (specified on the Website), to have delivery covered by United Cellars Delivery Guarantee. If no Delivery Guarantee is purchased, risk in the Goods shall remain with the Buyer from the time they leave United Cellars’ premises.
    5. United Cellars may, in its discretion, hold delivery of goods during periods of hot weather, and will otherwise only do so where the Buyer has expressly requested United Cellars to hold shipping of their Goods. While United Cellars will endeavour to make prompt delivery without compromising the condition of the wine, United Cellars Delivery Guarantee does not cover heat damage. In addition, United Cellars shall not be liable under the Delivery Guarantee for any loss arising from the Buyer failing to provide United Cellars with a correct address and delivery details, or for United Cellars otherwise delivering in accordance with the Buyer's instructions (such as leaving the wine outside unattended premises).
    6. A Buyer must specify a delivery address that is not subject to delivery restrictions for alcoholic or liquor products.
  15. Remedies for non-payment or failure to collect purchases
    1. If a Buyer fails either to pay for or to take away any purchased Lot within two (2) working days of the auction or such other period as is specified at the auction or subsequently agreed to or any cheque given on account of the Purchase Price is dishonoured, United Cellars shall, without further notice to the Buyer and in its absolute discretion and without prejudice to any other rights or remedies it may have, and without being bound to give any notice, be entitled to exercise one or more of the following rights or remedies:
      1. to absolutely forfeit any moneys which the Buyer may have paid;
      2. to issue proceedings against the Buyer for damages for breach of contract;
      3. to rescind the sale of that or any other Lot sold to the Buyer at the same or at any other auction;
      4. to resell the Lot or cause it to be resold by auction or private sale. Any deficiency in the Purchase Price resulting from such resale (after giving credit for any payment made) together with the full costs incurred in connection with the resale (including commission and Expenses) shall be payable to United Cellars by the Buyer and any surplus (if any) over the Proceeds of Sale of the initial sale shall belong to United Cellars;
      5. to store the Lot or cause it to be stored whether in its own premises or elsewhere at the sole expense and risk of the Buyer, and to release the Lot only after payment in full of the Purchase Price together with Expenses accrued and all other costs incurred in connection with the Lot;
      6. to charge interest on the Purchase Price and Expenses at the Published Rates calculated on a daily basis to the extent that they remain unpaid in part or in full for more than two (2) days from the date of the auction;
      7. to retain the Lot 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 accrued Expenses;
        to apply any moneys at any time due and/or any Proceeds of Sale of any Lot then due or at any time thereafter becoming due to the Buyer by United Cellars or the Sellers towards settlement of the Purchase Price and Expenses;
      8. to exercise a lien on any property of the Buyer which is in United Cellars possession for any purpose;
      9. to apply any payments by the Buyer to United Cellars or any credits due by United Cellars to the Buyer towards any sums owing from the Buyer to United Cellars or to any associated company of United Cellars without regard to any directions of the Buyer or his agent, whether express or implied.
    2.  Without limiting the generality of the foregoing, United Cellars shall be entitled to recover from the Buyer:
      1. the amount of any Sellers Commission and Buyers Premium upon the purchase which the Buyer did not complete, as determined in accordance with the Published Rates,
      2. such sum for Expenses incurred by the Auctioneer in connection with or incidental to the auction or the resale, and
      3. where applicable, any sales tax or goods and services tax, or any other tax or charge relating to or arising from the sale of the Lot.
    3. Should the same Buyer purchase more than one Lot at the same sale, then United Cellars may at any time elect to treat each contract as interdependent with the others and default under any one contract shall constitute default under any or all of the others.
  16. Cancellation
    1. United Cellars may, at its discretion, cancel any order (in whole or in part) by Auction or through the Wine Store at any time (including orders that we have previously accepted or issued a tax invoice for) without any liability to you for that cancellation at any time if:
      1. the Goods in that order are not available;
      2. you have specified a delivery address for those Goods that United Cellars or any government authority deems to be subject to delivery restrictions for alcoholic or liquor products, after we have attempted to contact you in to arrange for the Goods to be delivered to another delivery address not subject to any such restrictions.
      3. we are unable to process your payment;
      4. there is an error in the price or the product description posted on the Website in relation to the relevant Goods;
      5. we reasonably suspect fraudulent or unlawful activity; or
      6. your order is in breach of these Terms or any other relevant terms and conditions or is contrary to a person's rights or to any law.
  17. Auctioneer not Liable for Damage Loss or Injury
    1. All persons attending a live auction do so at their own risk and the Auctioneer shall not be liable for any damage, loss or injury to person or property suffered for any cause whatsoever at any auction except insofar as the damage, loss or injury is caused by the direct negligence of United Cellars.
  18. Governing Law
    1. These Terms and Conditions shall be governed by and construed in accordance with the law of New South Wales and all parties concerned hereby submit to the non-exclusive jurisdiction of Courts of or exercising jurisdiction in New South Wales.
  19. DEFINITIONS
    1. In these Terms and Conditions the following words and expressions shall have the following meanings:
      1. Auctioneer: United Cellars its servants and agents except that where the context so permits it shall include the person actually conducting the auction sale on behalf of United Cellars.
      2. Auction Platform means: Any auction platform operated by or on behalf of the Auction Operator, including the platform’s website and infrastructure.
      3. Auction Platform Account: Means an account on the Auction Platform for the purpose of participating in Auctions.
      4. Auction Regulations: Means all regulations under the Act applicable in connection with an Auction Participants’ participation on the Auction Platform.
      5. Auction Participant: Means an Applicant that has received notice from the Auction Operator that the Applicant has been approved and registered as a registered bidder in accordance with the Auction Regulations and these Terms.
      6. Buyers Premium: The premium payable to United Cellars by the Buyer based on a percentage of the Hammer Price as published
      7. Expenses: All expenses reasonably and necessarily expended by United Cellars behalf of the Seller including but not limited to cartage, photographs, repairs, insurance and cheque issuing costs together with a handling fee not exceeding 30% of the item of expense. In addition, storage expenses on uncollected Lots will be charged for at Commercial rates.
      8. Hammer Price: The price successfully bid for a Lot and to be paid by a Buyer for a Lot sold at Auction or the gross sale price, without deduction, if the Lot is sold by private treaty.
      9. United Cellars: United Cellars Australia Pty Ltd ACN 95 111 797 623 (United Cellars) trading as United Cellars and its employees and agents.
      10. Lot: Any item deposited with United Cellars, whether on its premises or elsewhere, with a view to its sale by auction and can, as the context requires mean a bottle or a case of wine or other spirit.  This phrase also includes the word “goods” and makes reference to any item or items described against a Lot number on the Website or any Catalogue.
      11. Proceeds of Sale: The net amount due to the Seller on the sale of Lot being the Hammer Price less Sellers Commission and Expenses, and any other amounts due to United Cellars or to any associated company of United Cellars from the Seller in whatever capacity and howsoever arising.
      12. Reserve: The minimum price set by United Cellars and the Seller in writing or as the minimum price for which a Lot will be sold.
      13. Seller: Means the owner of the Lot and the person or company instructing the Auctioneer to offer that Lot for sale and where more than one jointly and severally.
      14. Sellers Commission:  The commission to be paid to United Cellars from the Seller on the sale or attempted sale of Lot which is calculated as a minimum of $4 per unit or 15% of the Hammer Price, whichever is the higher, or such other percentage as is notified on the Website from time to time.
      15. Website:  the website used by United Cellars for or in connection with the auction. 

 

 

 

 

 

 

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