Auction Terms and Conditions of DonationBy bidding at auction you agree to these terms, so you should read them carefully before doing so. Unless Kellett Foundations Limited (“Kellett”) owns the item, Kellett only acts as agent for the donor at the auction.
A. Before the Auction
DESCRIPTION OF THE ITEM(a) The description of any item in the catalog was provided to us by the owner of the item/activity, we do not provide any guarantee in relation to its accuracy.
(b) The description of any item/ activity in the catalog and any other statement made by us (whether orally or in writing) about any item, including about its nature, condition or approximate dimensions are our opinion and not to be relied upon as a statement of fact. We do not carry out verification or research separately.
B. Conducting the Auction
SUCCESSFUL BIDSFor the Live Auction: Unless the auctioneer decides to use his or her discretion, when the auctioneer’s hammer strikes, we have accepted the last bid. This means a contract for donation has been formed between the donor and the successful bidder. We will issue an invoice only to the bidder who made the successful bid.
WithdrawalAfter a bid is placed, no withdrawal is allowed. However, Kellett may, at its option, withdraw any item/activity at any time prior to or during the auction of the item/activity. Kellett has no liability to you for any decision or withdrawal.
LOCAL BIDDING LAWSYou agree that when bidding in any of our item/activity that you will strictly comply with all local laws and regulations in force at the time of the auction.
HOW TO DONATEImmediately following the auction, you must pay the donation amount being the hammer price.
Donation is due no later than by the end of the 3rd calendar day following the date of the auction (the “due date”).
You must make payments of the donation to Kellett Association Limited before the due date by either one of the following ways:
For Online Auction: through the Paypal link
For Silent Auction: through Paypal or by credit card
For Live Auction: through Paypal or by credit card
TRANSFERRING OWNERSHIP TO YOUYou will not own the item/activity and ownership of the item/activity will not pass to you until we have received full and clear donation of the hammer price, even in circumstances where we have released the item/activity to you.
TRANSFERRING RISK TO YOUThe risk in and responsibility for the lot will transfer to you from whichever is the earlier of the following:
(a)When you collect the lot; or
(b)At the end of the 30th day following the date of the auction or, if earlier, the date the lot is taken into care by a third party designated by you unless we have agreed otherwise with you in writing.
WHAT HAPPENS IF YOU DO NOT PAYIf you fail to make a donation to Kellett Foundation in the amount of the hammer price in full by the due date, we will be entitled to do one or more of the following:
(a)we can cancel the auction of the item/activity. If we do this, we may reauction the item/activity, publicly or privately on such terms we shall think necessary or appropriate, in which case you must pay us any shortfall between the hammer price and the proceeds from the reauction. You must also pay all costs, expenses, losses, damages and legal fees we have to pay or may suffer and any shortfall in the reauction;
(b)we can hold you legally responsible for the hammer price and may begin legal proceedings to recover it together with other losses, interest, legal fees and costs as far as we are allowed by law;
(c)we can, at our option, reveal your identity and contact details to the donor;
(d)we can take any other action we see necessary or appropriate.
D. Our Liability to You1.We give no warranty in relation to any statement made, or information given, by us or our representatives or employees. The descriptions made to any item/activity contained in the catalogue are their own and we do not have any liability to you in relation to those statements.
2.We do not give any representation, warranty or guarantee or assume any liability of any kind in respect of any item/activity with regard to merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature, or historical relevance. Except as required by local law, any warranty of any kind is excluded.
3.If, in spite of the terms set out herein, we are found to be liable to you for any reason, we shall not have to refund more than the hammer price paid by you to us. We will not be responsible to you for any reason for loss of profits or business, loss of opportunity or value, expected savings or interest, costs, damages, or expenses.