Terms & Conditions for Buyers

The online auction/buy now services offered by NZ Art Broker Limited (NZAB) are made on the following terms and conditions (Terms and Conditions). By using the services you accept these Terms and Conditions.

Registration

All bidders at auction must complete a registration form prior to bidding supplying their correct name, email address, physical address and contact telephone number. It is accepted by you that supply of false information shall be interpreted as deliberate fraud. You may be required to provide proof of identity to NZAB if it, in its sole discretion, requires.

Conduct of Auctions

Subject to the reserve price being reached, the highest bidder shall be the buyer.

NZAB may at its absolute discretion (a) regulate the bidding as it sees fit; (b) withdraw any lot; and (c) refuse any bid.

No bid may be retracted.

All bidders shall be held personally responsible and solely liable for all obligations arising from any bid.

If any dispute arises as between two or more bidders as to which is the buyer, NZAB shall have the right, in its absolute discretion, to determine the dispute or to immediately reoffer the disputed lot for sale at the last undisputed bid.

You acknowledge that any successful purchase at auction is deemed to be unconditional and you will be legally obliged to proceed with the purchase.

Reserves 

All lots are sold subject to the right of the vendor or its agent to impose a reserve. The reserve is the lowest price for which the vendor will sell the lot. The reserve price is confidential.

If the highest bid is below the reserve then NZAB may declare that the lot will be sold subject to the vendor’s consent. The highest bid price and bidder will be recorded and passed on as an offer to the vendor. If the vendor then accepts this offer there is a contractual obligation for the bidder to purchase the lot.

The highest bidder has the first right to negotiate through NZAB with the vendor post-auction.

Packaging and freight to major cities and towns within New Zealand and all administration charges associated with the sale are inclusive in the commission charge by NZAB on sale of work.

Payment

Payment for all lots purchased is due within 48 hours of the completion of the sale. Payment is to be made by bank transfer to NZAB’s trust account.

NZAB will release the funds to its vendor (less its commission) on the buyer confirming receipt of the lot without any defects. The buyer must do this within 14 calendar days following the conclusion of the sale.

Lots will be freighted to the buyer on receipt of cleared funds in NZAB’s trust account.

Failure to Make Payment 

If the buyer fails to make payment within 48 hours without making prior arrangements with NZAB then NZAB may in its absolute discretion re-sell the lot and reserves the right to claim from the buyer any shortfall in price and associated expenses connected with the resale. This is without prejudice to any other rights or remedies NZAB may be entitled to exercise.

Title and Risk

Title and risk shall pass to the buyer on receipt of the art work.

Quality of Goods 

The buyer is deemed to have made its own enquiries in relation to any lot and shall be deemed to be satisfied with the lot in all respects prior to purchasing.

The buyer shall be entitled to a refund of all monies paid to NZAB in the event that (a) a lot is lost, stolen, damaged or destroyed before receipt by the buyer; (b) a lot is proven to be a fake or forgery; or (c) the buyer can prove that the lot received is not the lot purchased; but in no event shall NZAB be liable for any consequent losses howsoever arising and the buyer shall have no further right or remedy against NZAB.

Intellectual Property

NZAB and its vendors, as the case may be, own all proprietary and intellectual property rights in the NZAB website (including text, graphics and logos) and the software and other material underlying and forming part of the services and the website. You must not without NZAB’s prior written permission in any form or by any means (a) adapt, reproduce, copy, store, distribute, print, display, publish or create derivative works from any part of this website; or (b) commercialise, copy or on-sell any information or items obtained from any part of this website.

Breach

Without limiting any other rights or remedies available to it, NZAB may limit your activities on the website, remove your bids, suspend or terminate your membership or refuse to provide its services to you if you breach these terms and conditions.

General

Your use of the services is at your sole risk.

NZAB will use its reasonable endeavours to ensure the availability of the website and services, subject to usual maintenance, system and internet disturbances and force majeure. NZAB takes no responsibility for any system unavailability or for any loss incurred as a result of website or services being unavailable.

NZAB assumes no responsibility for the corruption of any data or information held by NZAB.

While every effort has been made to keep the information contained on this website current, NZAB gives no warranty in this regard. NZAB offers no warranties of any kind to any site users and will not be liable for any damages arising from the use of this website or from use of the lots listed on or purchased from this website.

If NZAB does not exercise or enforce any right available to it under these terms and conditions that does not constitute a waiver of its rights.

If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.

These terms and conditions are governed by the laws of New Zealand and the buyer submits to the exclusive jurisdiction of the Courts of New Zealand.

NZAB reserves the right to change these Terms and Conditions from time to time. Changes will be displayed on www.nzartbroker.com and will have immediate effect.

These terms and conditions constitute the entire agreement between the parties relating to the subject matter of these terms and conditions.