Auction Terms and Conditions

When are the auctions held?

 

Weekly Estate Auctions

Every Monday – We host two LIVE ONLINE ONLY auctions. Furniture commences Lot 1 at 9am, Gallery commences Lot 1001 also at 9am.  Once our auction catalogues are made live online, you can start leaving bids immediately.

Online Auctions

We hold exclusive online auctions throughout the month. These are generally small collections of items that will be available for inspection to the public and then all bidding is done online. These auctions range from Jewellery, Fine Art, Bronzes, Collectables, Single Vendor Collections and more.

Speciality Auctions

Scammell Auctions host many Speciality Auctions throughout the year, including our Showcase Auctions, Fine Art Auctions and Great Collectors Auctions.

 

Upcoming Auctions

AUCTION TERMS AND CONDITIONS

Buyer's Premium

A buyer's premium of 17% plus GST applies to each lot.

Registration

All buyers must be registered. Permanent buyers can use their bidding number at any auction. Permanent numbers are issued during online bidding registration and remain valid for both online and in-person auctions.

Bidding

  • Online Bids: All online bids are final and cannot be deleted.
  • Live Auctions: Once the auction commences, the auctioneer will announce the lot number and description before calling for bids.

Payment

Payment is required by 7pm Tuesday for Weekly Estate Auctions unless otherwise specified. Payment can be made by:

  • EFTPOS, Visa, or Mastercard (in-house)
  • Direct debit as noted on invoices
    Please note: Cash and cheques are not accepted.

Payment & Collection Times

Standard Collection Hours: 
Successful buyers can pay and collect immediately after the fall of the hammer during these hours.

  • Monday: 9am–7pm
  • Tuesday: 8:30am–7pm

 

Public Holidays:
When a public holiday causes the auction to be held on a Tuesday, payment and collection times are as follows:

  • Tuesday: 9am–7pm
  • Wednesday: 8:30am–4:00pm

Note: The Company is not open for collections outside these designated hours, including the rest of the week and Saturdays.

 

Failure to Collect

  • If no prior written communication is received, items not collected within the designated timeframe will be re-entered into auction under the buyer's name, using the original guide price.
  • A 50% vendor commission will be charged for the resale, covering all associated storage fees.
  • Furniture purchases must be collected within one week.
  • Gallery purchases must be collected within two weeks.

For interstate and country buyers or special arrangements (200km+ from Adelaide), contact our packing department for storage arrangements at info@scammellauctions.com.au

 

TO AVOID STORAGE FEES, PAYMENT AND COLLECTION BY CLOSE OF BUSINESS ON TUESDAY FOLLOWING THE AUCTION IS IMPERATIVE FOR THE SMOOTH OPERATION OF OUR AUCTION ROOMS.


DELIVERY & PACKAGING

Carriers for Larger Purchases

We offer carriers for the delivery of larger purchases 

Transport

Smaller Items

  • Non-breakable items can be packed and posted for a fee.
  • For quotes or queries, contact our Packing & Transport Departmentinfo@scammellauctions.com.au

Packing Fees

  • $23 + GST per half-hour packing fee, plus Australia Post charges.
  • International buyers or those purchasing breakables should use Pack and Send for shipping arrangements.

Exclusions

Please note – without prior communication before purchase, Scammells will not offer the packaging of artwork including paintings, prints, pictures & textiles. Please contact our recommended carriers for a packaging quote.

 

Transport

 

We offer two levels of service –
 
a. Packing – small items are bubble wrapped, boxed and sealed for transport – charge is $23 + GST per half hour block.
Note: This does not include mirrors and artwork.
 
b. Boxed – items are placed in a box without packaging – no charge
 
Insurance and Liability – Insurance is no longer available to cover breakages during transport. While we take great care in wrapping items, we cannot control how parcels are handled once they leave our premises. Therefore, breakages or damages will not be covered.
 
Postage Charges – are based on Australia Post or Courier service charges
 
Postage Materials – At Scammells we strive to reuse all our packing materials. We utilise new boxes to ensure they are structurally sound for our paying pack & post customers and use excess bubble wrap and paper from deliveries of stock to wrap & pack your goods, keeping our post service as sustainable as possible.

ITEM CONDITION & INSPECTIONS

Condition

All items sold are expected to show wear, use, or ageing typical for auction house goods.

  • Items marked A/F ("all faults") indicate notable damage exceeding general wear and tear (e.g., broken chair legs or torn upholstery).
  • Electricals: Not tested or guaranteed as working. Buyers assume responsibility for assessing the condition before purchase.
  • Measurements provided are approximate only.

Viewing & Condition Reports

Buyers are encouraged to inspect items in person during inspection hours or send representatives on their behalf. If this is not possible, request a condition report via the lot link, email or phone.

Please note: Descriptions in the catalogue are a guide only. Buyers must satisfy themselves with the condition of any lot.


REFUND POLICY

Auction Rooms of the past (and still with many of our peers today) offer no refunds to Buyers, quoting “caveat emptor” or let the buyer beware.

This offers Buyers at auction very little confidence, especially if you are not in the same state!

According to the ACCC on Consumer Guarantees – Rights to a repair, replacement, refund, cancellation or compensation do not apply to items: bought at auction where the auctioneer acted as an agent for the owner (but you do have rights to full title, undisturbed possession and no unknown debts or extra charges) https://www.accc.gov.au/consumers/consumer-rights-guarantees/consumer-guarantees.

It’s different at Scammells.

One of our Core Values is Courage | Honesty | Integrity, and in line with this we offer our Buyers a refund based on criteria being met.  We do this to offer you some confidence in buying from Scammells.

A refund is offered unless – 

  • The item/items are part of a group# lot
  • The item has been marked A/F (all faults – see our All Faults Policy)
  • The item has wear and tear consistent with condition, age and/or usage
  • The item is electrical or mechanical
  • The item has been removed from the building (for local buyers only)
  • The lot/item is part of a Wine/Spirits Auction

# (Group can be referred to as “Assorted”, “Group”, “Mixed”, Sundry” and/or “Quantity” in the catalogue description)

(Item refers to a lot or part of a lot)

Time is of the essence, and a refund is only offered within 48 hours of the time of the auction commencement for local buyers (within 200km of Adelaide), and 7 days for buyers intra/interstate or receiving items by pack n post service. Refunds are in full only (no partial refunds offered).

 

ALL FAULTS or A/F

Some items in our catalogue are marked A/F, which means “sold with all faults”.

Technically ALL items at Auction are A/F, as they are all secondhand or antique.  

To help buyers our Team make assessments as to what is “normal for age, condition and usage”, and what is damaged or in poor condition, and hence A/F.

Where an item is marked A/F, the onus is on the Buyer to request a condition report for more information on the damage.

We do not check electrical or mechanical items. 

Group lots are not assessed as A/F as it is accepted that anything undamaged and of value would be extracted for individual lotting.

No refunds are offered on items marked as A/F, and final determination is made by our expert Team.

According to the ACCC on Consumer Guarantees – Rights to a repair, replacement, refund, cancellation or compensation do not apply to items: bought at auction where the auctioneer acted as an agent for the owner (but you do have rights to full title, undisturbed possession and no unknown debts or extra charges) https://www.accc.gov.au/consumers/consumer-rights-guarantees/consumer-guarantees

 

Examples of A/F (and not)
An outdoor chair is expected to have been aged by the weather, rusted if metal and the finish in average condition – this is not A/F, just normal for its condition and usage.

A cedar dining chair that has had the backrest broken and glued, is A/F.

A teapot of 100 years old with tea stains and crazing is not A/F, as this is considered normal for its age and usage.

A teapot of 100 years old with a broken and repaired spout is A/F.


DIFFERENT AUCTION STYLES

Live (Traditional)

The Live Auctions are our traditional offering, with a difference. When the catalogue is launched the Auction is live, buyers can place bids online and the auction program starts the pre-bidding auction.

For example if you leave a bid of $100, the starting price might be $40 – the system shows your winning bid at $40. Another buyer places a bid for $50, the system bids on your behalf up to $60 (the next bid above $50 – and you are still the winning bidder). If another buyer places a bid at $150, the system bids up to $110, and you are now the losing bidder.

The pre-bidding is open until the moment before the lot is offered for sale by our Auctioneer. This is the traditional or Live part of the auction, where the Auctioneer opens bidding at the “pre-bidding” amount ($110 in the above example) and calls for further bids from the live and online buyers.

Live Online Only (LOLO)

Our Live Online Auctions are the same as our Live or Traditional Auctions, except all buyers are Online Only (there are no live buyers in front of the Auctioneer), its just you, your computer (iPad, tablet or smartphone) and the Auctioneer on their laptop.

Timed

Our timed online auctions run differently from normal auctions. Whilst the fundamentals of bidding online, paying, and buyer's premium are the same, the way the auction is conducted is different.

The “timed auction” is run by the computer and online only. The lots are open for pre-bidding at the start of the auction (typically 7 – 14 days before the final knockdown).

Once the timer on the lot reaches zero seconds, the lot is closed and sold to the final bidder at the displayed price (plus buyer premium).

BIDS – please note you can increase your “pre-bidding” bid at any time, but cannot reduce or cancel the bid.

 

YOUR BIDDERS NUMBER

Your bidders number is the number we use to record your successful bid(s) and price against a lot.  An online (permanent) number is issued through our website when you register for ONLINE BIDDING, and this number is yours for life.

 

BIDDING ONLINE

Bidding online is simple and makes the auction room accessible for everyone.

Online registration gives you access to the online bidding room, allows you leave absentee bids, create watch lists and
assigns you a permanent number, yours for life. There is no need to register again, even if you attend one of our auctions in person.  The same registration gives you access to our free smart phone and tablet app (search Google Play Store and Apple App Store for Scammells).

Registration is free, to register for online bidding, click here and follow the login prompt to create an account.

Check our website regularly for catalogues as we are now running online auctions regularly throughout the month on top of our weekly estate auctions and speciality auctions.

All bids left online are LIVE and FINAL.

 

BIDDING INCREMENTS

Once the auction commences, the auctioneer will announce the lot number and description of each lot.  The auction takes bids in order of a bidding progression.  Typically this is fixed and based on the value of the item for auction.

For example:

$5 rises to $50
(ie 25, 30, 35, 40 45.)

$10 rises between $50 and $200
(ie 60, 70, 80, 90, 100)

$20 rises from $200 to $500
(ie 300, 320, 340, 360, 380, 400)

$50 rises from $500 to $1000
(ie 650, 700, 750, 800, 850… )

 

If an item is “knocked down” or sold to you, the auctioneer will announce your number and the sale price.

 

ABSENTEE BIDS

Absentee bids can be placed using our online bidding system.  You will need to create an account first (see link above).  The system is simple to use, and updates you live if you have been outbid.  After the sale you can log back in and see if you have been successful.

Your absentee bid cannot be seen by other buyers, just the amount the lot is currently at.  The bidding will start at the minimum bid amount for each lot and only increases when other bids are lodged for the same lot.

Please note the absentee bidding system is LIVE, which means all bids are locked in once placed and cannot be deleted or reduced.

 
 
 

The fine print

The “Company” referred is Scammells, Scammell Auctions or our legal entity Adelaide Independent Auctioneers Pty Ltd

Auctioneer refers to Scammells

The Buyer

A prospective Buyer must:

(a) be over eighteen (18) years of age at the date of the Auction;

(b) provide to the Company their full name, home address, email and mobile number;

(c) register in advance of the Auction by completing the Bidder Registration Form;

(d) provide an acknowledgement that they have read and agreed to be bound by these Conditions; and

(e) provide any other information requested by the Company including but not limited to banking details, credit card details, suitable references or identification.

No person shall be entitled to bid at an Auction without first having completed the online bidder registration form acceptable to the Company.

Every bidder shall be deemed to act as principal unless prior to the commencement of the Auction there is a written acceptance by the Company that the bidder is acting on behalf of a third party and that the bidder is not personally liable.

The Company is the agent of the Seller, not the Buyer, and it is not intended that there be any legal relationship between the Company and the Buyer.

Contract of sale

The Auctioneer may knock down a Lot to the person who, the Auctioneer, in their absolute discretion believes, is the highest bidder acceptable to the Company, subject to any Reserve. Any dispute may be determined by the Auctioneer in their absolute discretion and the decision of the Auctioneer shall be final.

Subject to the Company’s discretion, on the acceptance of a bid by the fall of the Auctioneer’s hammer a contract of sale is made between the Seller and the Buyer. The Company is not a party to the contract of sale and shall not be liable for any breach of that contract by either the Seller or the Buyer.

Risk of the Lot will pass to the Buyer on the fall of the Auctioneer’s hammer.

Title to the Lot will pass to the Buyer when the full Purchase Price has been received by the Company by way of cleared funds.

Responsibility for Lots Purchased

The Buyer shall be responsible for any loss or damage to, or caused by, a Lot purchased by the Buyer from the fall of the Auctioneer’s hammer and neither the Company nor its employees or agents shall be responsible for any Claim while the Lot is in its power, possession or custody, except where the Company has been grossly negligent.

The Buyer is responsible for ensuring the quality and description of each lot prior to purchase, the Company makes no guarantee as to the description in the catalogues (printed or online), and are to be used as a guide only.

The Buyer shall be solely responsible for obtaining any export licence that may be required in connection with a purchased Lot.

Non-Payment or Failure to Collect

If the Purchase Price for a Lot is not paid in full within the required timeframe, the Company may, after a period of five (5) days, exercise, at its absolute discretion and without prejudice to any other rights or remedies, one or more of the following actions:

(a) re-sell the Lot via Auction, private sale, or other means under the Buyer’s name;

(b) retain any Lot sold to the Buyer at the same or any other Auction until payment of the Purchase Price is received;

(c) apply the proceeds from the sale of any other Lot due or becoming due to the Buyer in payment or part payment of the outstanding Purchase Price;

(d) exercise a lien or power of sale over any other property of the Buyer held by the Company;

(e) initiate legal proceedings against the Buyer;

(f) reject bids from the Buyer at any future Auction or require a deposit before accepting bids at future Sales.

If a Lot is not collected within the designated timeframe (Furniture: 7 days, Gallery: 14 days unless otherwise arranged), the Company may, at its absolute discretion, rebook the Lot into Auction under the Buyer’s name. A 50% vendor commission will be charged on the resale price to cover administrative costs and handling.

In the event of resale, the Buyer will not be entitled to a refund of the original Purchase Price but may receive proceeds exceeding the vendor commission and other costs.

The Buyer shall also be responsible for all reasonable legal and other costs incurred by the Company or the Seller (whether or not Court proceedings are initiated) as a result of the Buyer’s non-payment or failure to collect a Lot.

Privacy Statement

In our dealings with the Buyers it is necessary to collect personal information such as:

(a) name;

(b) company name, ABN and/or ACN;

(c) residential address;

(d) business address;

(e) email address;

(f) facsimile number;

(g) telephone numbers;

(h) drivers licence details;

(i) credit card details; and

(j) bank account details.

(“Information”)

When a Buyer provides the Company with the Information, the Company relies on the accuracy of the Information. If the Information is inaccurate or incorrectly recorded it is the obligation of the Buyer to advise the Company to ensure it is updated.

The provider of the Information consents to the Company:

(a) retaining the Information for future use and reference;

(b) being used for marketing purposes by the Company; and

(c) being disclosed as required by law.

The Company will upon request provide access to the Information to the Seller, Buyer or bidder for the purpose of correcting or updating their Information and will delete the Information if requested in writing by the provider of it.

The Company will store the Information in a manner that ensures security against unauthorised access, alteration or deletion at a level commensurate with its sensitivity.