AUCTION TERMS AND CONDITIONS (see full T&C below)

  • Buyers premium of 17% plus GST applies to each lot.
  • All online bids are final and unable to be deleted.
  • Payment is required by 7pm Tuesday for Weekly Estate Auctions and can be made by EFTPOS, Visa and Mastercard (in house) or direct debit only, as noted on invoices. No cash and no cheques.
  • Payment and Collection opening hours: Monday 9am-7pm and Tuesday 8.30am-7pm
  • N.B. Only when there is a public holiday and the Weekly Estate Auction falls on a Tuesday, pick up and payment is Tuesday 9am-7pm and Wednesday 8.30am-4.00pm.
  • Failure to collect your items within the designated timeframe will result in them being rebooked into auction under your name, with a 50% vendor commission charged for the resale to cover storage fees. All relevant information is included in the original invoice. 
  • Interstate and country buyers (that live 200km+ from Adelaide) – contact our packing department to arrange storage: info@scammellauctions.com.au

TO AVOID ANY FEES, PAYMENT AND COLLECTION BY CLOSE OF BUSINESS ON THE TUESDAY FOLLOWING THE AUCTION ARE IMPERATIVE FOR THE SMOOTH OPERATION OF OUR AUCTION ROOMS. We appreciate your understanding.

 

 We have carriers available to deliver larger purchases to your organisation 

  • Small (non-breakable) items can be packed and posted for a small fee (see bottom of page for details).
  • Country (+200km) and interstate buyers to arrange collection, please contact our Transport department.
  • All items we sell are to be expected to have some wear, use or aging due to the nature of auction house goods. If a lot is marked a/f it informs the buyer it is sold with “all faults” and that our staff have noted the damage that exceeds general wear and tear of vintage & antique goods (eg, damage to individual lots, broken chair legs, torn upholstery etc)
  • Electricals are not tested, nor are they sold as working.  The onus falls on the buyer to assure themselves of the quality and condition of each lot.
  • All measurements provided with items are approximate only.
  • Our buyers are encouraged to view our items in person during inspection hours so they feel confident with the quality and condition of the pieces they wish to buy. If you are unable to make it in, send friends or family on your behalf, or email/call the office to receive a condition report.
  • All descriptions in the catalogue are a guide only. Intending buyers are encouraged to inspect lots during viewing or contact us for a condition report and satisfy themselves as to the condition of any lot.

Please remember this is an auction house, and your items are not purchased with any sort of guarantee as to condition.

 

REFUND POLICY

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

 

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 to 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.  Registration is free.

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:

$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 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 increase 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.

 

PACKING & POSTAGE

Our packing department can arrange packing & postage of smaller, non-breakable, purchased items to be sent Australia-wide, using Australia Post delivery.  We can also pack your items for your preferred courier.

For international buyers & breakable items, we advise you to use Pack and Send

For all packing and postage needs, please contact our office for a quote before paying your invoice as fees will be applied.

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 charge $23+gst per half hour for packing, plus Australia Post charges.

 

FULL TERMS AND CONDITIONS OF AUCTION

Auctioneer refers to Scammell Auctions, Scammells and its Auctioneers

Purchaser refers to the bidder/buyer

 

  1. The highest bidder shall be the Purchaser except where the Auctioneer advises (at any time) that there is a reserve price. 

 

  1. Any person bidding at the auction, whether in person, online or by absentee bid shall be personally bound by the bids made during the auction unless disclosing to the Auctioneer prior to the auction that any bids made are for and on behalf of any other party and identifying the party. The Purchaser shall be deemed to be the principal unless prior to the sale a letter of authority from the principal shall be delivered to the Auctioneer. In all cases the Purchaser warrants that the authority has not been withdrawn and further the Purchaser accepts joint and several liability with the principal. 

 

  1. Any person bidding shall be bound by these terms and conditions and the Purchaser by bidding at the auction consents to the within terms and acknowledges that after bidding and being advised by the Auctioneer of acceptance of the bid then a contract shall exist. 

 

  1. The Auctioneer may refuse any bid and if any dispute arises as to any bidding the Auctioneer may determine the dispute and the Auctioneer’s decision shall be final and binding. The Auctioneer may in his or her discretion immediately put the lot up again for open bidding. 

 

  1. The amount of the advance for bidding increments shall be determined by the Auctioneer at any time prior to or during the course of the auction. The Auctioneer may refuse bids that do not correspond to the advised bidding increments and no person shall be entitled to withdraw a bid or bid a lesser sum than that advised as accepted by the Auctioneer. 

 

  1. The invoice shall be paid by credit card, eftpos card or eft no later than 7.00 pm on the day following the auction or at any other time nominated by the Auctioneer.

 

  1. No allowances or refunds will be made, nor will any buyer be permitted to reject any lot on the grounds that it is not correctly described in any catalogue that may be prepared. Lots are sold and are to be accepted with all faults (if any) and for all purposes will be at the Purchaser’s risk from the fall of the hammer. Neither the Vendor nor the Auctioneer will be liable for any misdescription. 

 

  1. Delivery of Lots purchased will be given only on production of the receipted auction invoice and delivery does not give or pass title. Title shall not pass until payment has been made in full. 

 

  1. If a Purchaser fails to pay and settle in full for any purchase then any moneys received from the Purchaser (whether in part payment or otherwise on account) may be appropriated to the Vendor’s agent or the Auctioneer, and any lot uncleared may be re-sold by public auction or by private contract. Any deficiency after such re-sale, together with all costs damages and charges shall be set off against any moneys held for the Purchaser. In the event of any deficiency then the amount shall be a debt due from the Purchaser. 

 

  1. All lots must be paid for in full and removed by the Purchaser at the Purchaser’s expense on or before the time stated by the Auctioneer at the commencement of the auction. In the event the Purchaser fails to pay for and or remove any such lots within the time stated then the Purchaser shall be liable to pay to the Vendor on demand, such storage charges as shall be specified by the Vendor for every day or period of days thereafter until such lots have been either removed by the purchaser or re-sold as provided for herein. All lots which are not removed at the stated time, without prejudice to any other rights of the Vendor, may be re-sold by the Vendor by public auction or private treaty in the Auctioneer’s discretion, and the costs and charges of and incidental to such re-sale, together with storage charges payable by the Purchaser in respect of the goods may be deducted from the proceeds of the re-sale and retained. 

 

  1. Storage charges will be levied at $20.00 per day per lot or any other amount deemed appropriate by the Auctioneer depending upon the nature of the Lot and size and volume of each Lot for every day after the above specified delivery period until such goods are removed or re-sold in addition the Vendor or Auctioneer shall be entitled to charge any and all ancillary costs (including insurance) reasonably incurred as a consequence of the breach by the Purchaser. 

 

  1. The Auctioneer has a charge over the Lots sold for any unpaid storage fees or costs. 

 

  1. Any moneys outstanding at the termination of the sale or payable as a result of any re-sale shall be payable to the Auctioneer. 

 

  1. Time shall be of the essence for the sale of any lot and subject to any other expressly agreed arrangements, failure to pay in full by the time stipulated herein shall be a breach by the Purchaser forthwith determining the contract. 

 

  1. For all purposes whatsoever the Auctioneer and its servant’s agents or employees, act only as agents for the Vendor. 

 

  1. Where a statutory notice appears on the window of any motor vehicle being offered for auction pursuant to the Second Hand Motor Vehicles Act and a warranty is given, the Purchaser acknowledges and agrees that all lots are sold “as is” and at the Purchaser’s risk. Should the Vendor advise any defects or the Auctioneer on the Vendor’s behalf then the Auctioneer shall endeavour to announce same when the motor vehicle concerned is offered for sale or may detail the defect on a form on the windscreen of the motor vehicle. In furnishing any particulars regarding any motor vehicle offered at the sale no warranty or guarantee is thereby expressly given or implied that such motor vehicle or vehicles offered for sale do not have other defects whether known or unknown to the vendor and for all purposes whatsoever no warranty or guarantee is given. 

 

  1. To the extent allowable at law all implied warranties are excluded. 

 

  1. Any person attending the auction or premises of the Vendor or Auctioneer to inspect or take delivery of any property does so entirely at their own risk. No responsibility is accepted by the Vendor or the Auctioneer for any accident or damage to person or property however caused.