New Directions Art Auction 2025 Catalogue - Catalog - Page 45
NEW DIRECTIONS ART AUCTION 2025 45
where it deems the evidence provided
to be unsatisfactory; b) there must be no
conflict of opinion among accepted experts
in the field; and c) the forgery must be
able to be proven through means that at
the time of publication of the catalogue
were commonly employed and that will
not damage or otherwise put the lot in
jeopardy. The limited warranty and the right
to rescind the sale is not assignable and
the buyer must have retained title to the
lot without disposing of any interest in it up
until the buyer notifies Australian Prostate
Centre of the forgery allegations. The buyer
acknowledges that it has no rights directly
against Australian Prostate Centre if a lot is
established to be a forgery.
14. Termination, Breach and Legalities: a)
Australian Prostate Centre breach: To the
extent permitted by law, the sole and
maximum remedy to a buyer for breach of
warranty is a refund of original purchase
price, including buyer’s premium. In such an
event the sale contract shall be rescinded
and all costs associated with returning the
property (in the state in which it was sold) to
the premises of Australian Prostate Centre
are to be borne by the buyer. Australian
Prostate Centre is not liable for any indirect
or consequential loss or damage for any
matter arising directly or indirectly as a result
of the sale. b) Buyer breach: Australian
Prostate Centre may, in addition to other
remedies available by law, exercise one or
more of the following rights or remedies
for breach: i. Cancel the sale and retain any
payment or property in Australian Prostate
Centre custody as collateral or liquidated
damages. ii. Charge the buyer interest at
the rate of 2% above the rate fixed under
section 2 of the Penalty Interest Rates Act
1984 (Vic). iii. Resell the property without
reserve at the next auction or privately on
five days notice. Any disparity between sale
and resale prices, including associated costs
such as, but not limited to, legal, storage
and sale expenses, will be to the account
of the defaulting buyer. iv. Apply any part
payment received from the buyer in respect
of any lots at its discretion. v. Retain any
of the buyer’s property held by Australian
Prostate Centre until the buyer has satisfied
its obligations to Australian Prostate Centre.
vi. Take any other action Australian Prostate
Centre deems necessary or appropriate. vii.
Refuse to permit the buyer to participate in
future auctions. viii. Provide the vendor with
the buyer’s details to permit the vendor to
take action against the buyer to recover the
money.
15. Governing law and jurisdiction: These terms
and conditions and any matters concerned
with the foregoing fall within the exclusive
jurisdiction of the courts of the state in
which the auction or private sale is held.
16. Severability: In the event that any provisions
of this agreement should be found
unenforceable in a court of law, that part
shall be discounted and the remaining
conditions shall continue in full force and
effect to the extent permitted by law.
