Terms and Conditions
These terms and conditions constitute the entire agreement and understanding between Epilepsy Action Australia ABN 61 000 533 791 (“EAA “) and the bidder on everything connected with the auction and subsequent sale of the prize. By submitting a bid, each bidder is deemed to have accepted these terms and conditions.
- Auction – The prize will be sold by silent online auction, open to individuals aged 18 years or over, at https://www.artforepilepsy.com.au/. Ineligible bids will be discounted.
- Bidding – Bidding will open between 12 Midday (AEST) 1 May 2019 and close at 9:30pm (AEST) 31 May 2019. All bids must be in Australian dollars. All bids will be taken to be inclusive of GST. Once submitted, a bid is personal and binding and cannot be withdrawn.
- Conduct of the auction – EAA retains the absolute discretion to control the auction process at all times. Without limitation EAA may: (a) accept or reject any bid; (b) change the open and close dates for the auction; (c) advance the bidding at its absolute discretion; (d) establish a reserve price for the prize; (e) bid on behalf of any prospective purchaser with or without disclosure; (f) withdraw the prize from sale; (g) offer the prize for re-sale in the event of any dispute; (h) require the successful bidder to pay forthwith the whole or part of any purchase price. In the event of any dispute in connection with the auction, EAA has absolute discretion to settle the dispute as sole arbitrator and its decision shall be final and binding.
- Purchaser – The highest bidder on the close of the auction will be taken to be the successful bidder (the “Purchaser “) and will be taken to have entered into a binding contract for the purchase of the prize from EAA on these terms and conditions. The Purchaser will be contacted by email within 12 hours after the close of the auction to make payment (in accordance with clause 8). An email sent to the email address provided by a bidder is deemed received by that bidder on the date it is sent.
- Purchase Price – The purchase price for the prize will be the amount of the final bid submitted by the Purchaser. This price does not include delivery or postage of the artwork.
- Payment – Payment is due no later than 5 June 2019 (Payment Period ). Payment may be made by Paypal, credit card online, direct deposit or by another method as discussed with EAA staff.
- Remedies for failure to make payment or collect – If the Purchaser (the “Original Purchaser “) fails to make payment or contact when due (in accordance with clause 6), EAA may in its absolute discretion: (a) offer the prize for sale to the next highest bidder (“Subsequent Purchaser “) until the prize is sold, in which case EAA may recover from the Original Purchaser the difference between the original purchase price that would have been payable for the prize by the Original Purchaser and the subsequent purchase price paid for the prize by the Subsequent Purchaser. These amounts will be recoverable by EAA as a liquidated sum. The remedies contained in this clause 8 are in addition to any other remedies EAA may have either at common law or equity.
- Delivery of artwork – The final Purchase Price does not include delivery or postage of the artwork. The cost for delivery is to be covered by the Purchaser in discussion with the artist. At the conclusion of the auction EAA will put the Purchaser in touch with the artist to arrange the delivery the artwork. Once payment for postage or delivery has been paid to the artist they will send your work to the Purchaser.
- Implied terms – All conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied are excluded to the extent permitted by law.
- Exclusion of liability – Except for any liability that cannot be excluded by law, EAA (including its officers, employees and agents) excludes all liability (including negligence) for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of or in connection with the auction. This includes, but is not limited to, the following: (a) any technical difficulties or equipment malfunction (whether or not under EAA’s control); (b) any theft, unauthorised access or third party interference; (c) any bid that is late, lost, altered, damaged or misdirected (whether or not after it has been submitted to EAA) due to any reason beyond the reasonable control of EAA; (d) any change in the description of the Artwork contained in these terms and conditions; (e) any tax liability incurred by the Purchaser; (f) the participation by any bidder in the auction; (g) and or the collection and transportation and delivery of the Artwork to the Purchaser.
- Consequential loss – EAA excludes all liability for any indirect or consequential loss or damage (including, without limitation, loss of profits), to the extent permitted by law.
- Governing Law – These terms and conditions are governed by the law of the State of New South Wales. The parties submit to the non-exclusive jurisdiction of the courts of the State of New South Wales, Australia.