Each lot in an auction may be located in a different location than the auction location. Potential bidders are advised to note the location of the work as shipping, duties, and taxes will be borne by the successful buyer. To request a shipping quotation, please kindly email your request to email@example.com with the lot number and a brief description of the work together with the shipping address and our team will endeavour to give you a shipping estimate within 1-2 days.
Terms & Conditions
Conditions mainly concerning Buyers
1. The buyer
All lots will be invoiced to the name and address given at the time of registration and the issue of an allocated buyer’s number and cannot be transferred to other names and addresses. The highest bidder will be the buyer at the ‘hammer price’ and any dispute will be settled at the auctioneer’s absolute discretion. Every bidder will be deemed to act as principal unless there is in force a written acknowledgement by 33 Auction that he/she acts as agent on behalf of the named principal.
2. Buyer’s premium
A Buyer's Premium will be added to the hammer price and is payable by the buyer as part of the
total purchase price. Please refer to the Guide for Prospective Buyers or our website for the published buyer’s premium rate. The buyer will be responsible for payment of relevant taxes as required by law.
3. Absentee bids
Upon request, 33 Auction shall execute absentee bids on behalf of intending buyers. This service is free. Lots will be bought as cheaply as is allowed by other bids placed and the seller’s reserves. In the event of identical bids, the earliest will take precedence. When absentee bids are placed by telephone they are accepted at the buyer’s risk, and must be confirmed prior to the sale by letter or facsimile. To ensure a satisfactory service, bidders are urged most strongly to send bids so that they are received at least 24 hours before a sale.
4. Telephone bids
33 Auction will do its best to accommodate telephone bids from buyers who have made proper arrangements at least 24 hours prior to the sale and subject to the availability of sufficient telephone lines. Because this method cannot be entirely free from risk of communication breakdown, 33 Auction cannot be held responsible for losses arising from missed bids.
5. Online Bidding
Buyers may use 33Auction mobile apps and bidding platform to leave bid before the sale or bid live during the sale. The service is free of charge and is undertaken at bidder’s risk and is subject to additional terms and conditions of 33 Auction online bidding platform.
Bidding on partner’s online bidding platform may incur a service fee. Please refer to their conditions of sale.
6. Company property
It is the general policy of 33 Auction to act as agent only for the seller. Circumstances do, however, arise from time to time where 33 Auction or its director/s may have an interest in a lot or lots being offered. In the catalogue, such lots are designated ◊ next to the lot number.
Immediately a lot is sold the buyer will:
a) give to 33 Auction his/her name and address and, if so requested, proof of identity;
b) pay to 33 Auction the ‘total amount due’
c) Any payments by a buyer to 33 Auction may be applied by 33 Auction towards any sums owing by the buyer to 33 Auction on any account whatsoever without regard to any directions of the buyer or his/her agent, whether express or implied.
Certain modes of payment will attract a service fee at a certain rate of total amount payable. Please consult the guide for prospective buyers for the updated charge.
8. Collection of purchases
The ownership of the lots purchased will not pass to the buyer until he/she has made payment in full to 33 Auction of the ‘total amount due’. After an auction, only limited assistance with packing and/or loading of purchases is available from the staff of 33 Auction. Where such assistance is rendered, no liability will devolve on 33 Auction or its staff for any damage that may arise, from whatever cause, during such packing and/or loading. The buyer will at his/her own expense collect the lot purchased immediately after the auction and will be responsible for all packing, removal, storage and insurance charges.
9. Buyer’s responsibility for lots purchased
The buyer will be responsible for the loss of or damage to lots purchased from the time of auction to date of collection. Neither 33 Auction nor its employees or agents will thereafter be responsible for any loss or damage of any kind, whether caused by negligence or otherwise, while any lot is in its custody or under its control.
10. Remedies for non-payment or failure to collect purchases
If any lot is not paid for in full and taken away in accordance with Conditions 8 and 9, or if there is any other breach of either of those conditions, 33 Auction as agent of the seller will, at its absolute discretion and without prejudice to any other rights it may have, be entitled to exercise one or more of the following rights and remedies:
a) to proceed against the buyer for payment and/or damages for breach of contract;
b) to rescind the sale of that or any other lots sold to the defaulting buyer at the same or any other auction;
c) to resell the lot or cause it to be resold by public auction or private sale and the defaulting buyer will be liable to pay to 33 Auction any resulting deficiency in the ‘total amount due’ (after deduction of any part payment and addition of resale costs) and any surplus will belong to the seller;
d) to remove, store and insure the lots at the expense of the defaulting buyer and, in the case of storage, either at 33 Auction’s premises or elsewhere;
e) to charge interest at a rate not exceeding 2% per month on the ‘total amount due’ to the extent it remains unpaid for more than 5 working days after the day of the auction;
f) to retain that or any other lot sold to the same buyer at the same time or at any other auction and release it only after payment of the ‘total amount due’;
g) to reject or ignore any bids made by or on behalf of the defaulting buyer at any future auctions or require and receive a deposit in an amount determined by 33 Auction before accepting any bids in future;
h) to apply any proceeds of sale then due or at any time thereafter becoming due to the defaulting buyer towards settlement of the ‘total amount due’ and to exercise a lien on any property of the defaulting buyer which is in 33 Auction’s possession for any purpose.
11. Legal Costs
The buyer shall be responsible for the payment of 33 Auction’s legal costs calculated on the scale as between attorney and its own client incurred in the enforcement of 33 Auction’s rights irrespective of whether 33 Auction institute legal proceedings or not.
12. Liability of 33 Auction and sellers
a) Goods auctioned are usually of some age. All goods are sold as it is with all faults and imperfections and errors of description. Illustrations in catalogues are for identification only. Buyers should satisfy themselves prior to sale as to the condition of each lot and should exercise and rely on their own judgement as to whether the lot accords with its description or not. Subject to the obligations accepted by 33 Auction under this condition, neither the seller, 33 Auction, its servants or agents is/are responsible for errors of descriptions or for the genuineness or authenticity of any lot. No warranty whatsoever is given by 33 Auction, its servants or agents, or any seller to any buyer in respect of any lot, and any express or implied conditions or warranties are hereby excluded.
b) Any lot which proves to be a ‘deliberate forgery’ may be returned by the buyer to 33 Auction within 21 days of the date of auction in the same condition in which it was at the time of the auction, accompanied by a statement of defects, the number of the lot, and the date of the auction at which it was purchased. If 33 Auction is satisfied that the item is a ‘deliberate forgery’ and that the buyer has and is able to transfer a good and marketable title to the lot, free from any third-party claims, the sale will be set aside and any amount paid in respect of the lot will be refunded, subject to the express condition that the buyer will have no rights or claims against 33 Auction if: i) the description in the catalogue at the date of the sale was in accordance with the then generally accepted opinion of scholars and experts or fairly indicated that there was conflict of such opinion; or ii) the only method of establishing at the date of publication of the catalogue that the lot was a ‘deliberate forgery’ was by means of a scientific process not generally accepted for use until after publication of the catalogue, or by a process which was unreasonably expensive or impractical.
c) A buyer’s claim under this condition will be limited to any amount paid in respect of the lot and will not extend to any loss or damage of whatsoever nature suffered, or expense incurred by him/her.
d) The benefit of this condition will not be assignable and will rest solely and exclusively in the buyer who, for the purpose of this condition, will be and only be the person to whom the original invoice is made out by 33 Auction in respect of the lot sold.
26. General conditions and definitions
33 Auction sells as agent for the seller (except where it is stated wholly or partly to own any lot as principal and such lots are identified by ◊ next to the lot number) and as such is not responsible for any default by seller or buyer.
27. Any representation or statement by 33 Auction, in any catalogue, as to authorship, attribution, genuineness, origin, date, age, provenance, condition or estimated selling price is a statement of opinion only. Every person interested should exercise and rely on his/her own judgement as to such matters and neither 33 Auction nor its servants or agents are responsible for the correctness of such opinions.
28. While the interests of prospective buyers are best served by attendance at the auction, 33 Auction will if so instructed execute bids on their behalf, neither 33 Auction nor its servants or agents being responsible for any neglect or default in doing so or for failing to do so.
29. 33 Auction will have the right, at its discretion, to refuse admission to its premises or attendance at its auctions by any person.
30. 33 Auction has absolute discretion without giving any reason to refuse any bid, to divide any lot, to combine any 2 or more lots, to withdraw any lot from the auction and in case of dispute to put up any lot for auction again.
a) Any indemnity under these conditions will extend to all actions, proceedings, costs, expenses, claims and demands whatsoever incurred or suffered by the person entitled to the benefit of the indemnity.
b) 33 Auction declares itself to be a trustee for its relevant servants and agents of the benefit of every indemnity under these conditions to the extent that such indemnity is expressed to be for the benefit of its servants and agents.
31. The parties choose domicilium citandi et executandi* at the addresses reflected on the face thereof. Any notice given in connection with this agreement may be delivered by hand; or be sent by prepaid registered post; or be sent by telefax or by email if the domicilium includes a telefax number and/or an email address, to the domicilium chosen by the party concerned. Any notice or process delivered on any party in connection with any matter or subject arising out of this agreement or any notice shall be deemed to have been delivered if handed to any responsible person at the domicilium chosen by any party and it shall not be necessary to hand such process or notice to any party personally.
A notice given as set out above shall be presumed to have been duly delivered:-
(i) on the date of delivery if delivered by hand or telefax or email;
(ii) on the fourth day from the date of posting including the date of posting if posted by pre-paid registered post from within the Republic of Singapore.
32. Every auction and all matters concerned therewith including these conditions, will be governed by and construed in accordance with the laws of Singapore and the buyer submits to the non-exclusive jurisdiction of the Singaporean courts.
33. In these conditions:
a) ‘catalogue’ includes any advertisement, brochure, estimate, price-list, website content and other publication;
b) ‘hammer price’ means the price at which a lot is knocked down by the auctioneer to the buyer;
c) ‘total amount due’ means ‘hammer price’ in respect of the lot sold together with any premium chargeable and additional charges and expenses due from the defaulting buyer under Condition 10;
d) a ‘deliberate forgery’ means an imitation made with the intention of deceiving as to authorship, origin, date, age, period, culture or source, which is not shown to be such in the description in the catalogue and which at the date of the sale had a value materially less than it would have had if it had been in accordance with that description;
e) ‘sale proceeds’ means the net amount due to the seller, being the ‘hammer price’ of the lot sold less commission at the ‘stated rates’, ‘expenses’ and any other amounts due to 33 Auction by the seller in whatever capacity and howsoever arising;
f) ‘stated rates’ means 33 Auction’s published rates of commission for the time being;
g) ‘expenses’ in relation to the sale of any lot means 33 Auction’s charges and expenses for illustrations, special advertising, packing and freight of that lot and any GST thereon.
34. Special terms may be used in catalogues in the description of the lot. Where terms are not self-explanatory and have special meanings ascribed to them, a glossary will appear before Lot 1 in the catalogue of the auction.
35. Data Protection
33 Auction intends to use your personal data for direct marketing with your consent. We would like to use your name, phone number, email and address to contact you about transactions, the events, products and services of 33 Auction and our associated companies. We do not sell or trade Data but it may be provided to (a) 33 Auction associated companies for direct marketing; and (b) third party services providers assisting us with mailing, shipping, legal, accounting, travel and hospitality. When doing so, we will require them to ensure that your Personal Data disclosed to them is kept confidential and secure.
Clients will please note that for security purposes, 33 Auction premises are subject to video recording. Telephone calls eg. telephone and internet bidding/voicemail messages may also be recorded. You may access or correct the Data by contacting our Data Quality Representative via email at firstname.lastname@example.org
36. The headings in these conditions do not form part of the Conditions of Business but are for convenience only.