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Terms & Conditions

These Terms govern all dealings with Anderson’s Fine Wine Merchants & Auctioneers concerning its fine wine auctions and are binding on Sellers and Buyers. Anderson’s recommends that you consider all the information provided about what Anderson’s is and how it does business then carefully read these Terms before dealing with Anderson’s as a Seller, Buyer or Member to ensure you understand the basis on which you are dealing with Anderson’s. If you have any queries you should contact Anderson’s on 02 8060 4650 to discuss them. These Terms will be updated from time to time by Anderson’s and a copy posted to Anderson’s Fine Wine Merchants & Auctioneers website www.andersonswines.com.au

Definitions

Auction means the sale of Goods by Anderson’s Fine Wine Merchants & Auctioneers under the hammer by ‘Live’ auction or on the World Wide Web using its website.
Buyer means a party buying Goods from Anderson’s Fine Wine Merchants & Auctioneers through www.andersonswines.com.au retail and auction platforms
Buyers Premium means the amount paid by the Buyer to Anderson’s Fine Wine Merchants & Auctioneers on the purchase of a Lot through Anderson’s Fine Wine Merchants & Auctioneers, being a set percentage (GST exclusive) of the Hammer Price of a Lot.
Catalogue means a catalogue prepared by Anderson’s Fine Wine Merchants & Auctioneers detailing Lots to be sold at Auction.
Commission means the amount paid by the Seller to Anderson’s Fine Wine Merchants & Auctioneers on the sale of a Lot through a Anderson’s Wine Auction. No Commission is payable on unsold lots. Please contact Anderson’s Fine Wine Merchants & Auctioneers for rates.
Confidential Information means information that Anderson’s Fine Wine Merchants & Auctioneers obtains about Sellers, Buyers and Members including names, addresses, telephone and fax numbers, email addresses, reserves and dealings with Anderson’s Fine Wine Merchants & Auctioneers.
Goods means goods including wine offered for sale by Sellers through Anderson’s Fine Wine Merchants & Auctioneers for purchase by Buyers.
GST means the Goods and Services Tax
Lot means any Goods deposited with Anderson’s Fine Wine Merchants & Auctioneers with a view to its sale at Auction; in particular, the item or items described against any lot number in any Catalogue.
Member means a party who is a member of Anderson’s Fine Wine Merchants & Auctioneers  by way of completing the member subscription form which in turn Anderson’s has accepted
Hammer Price means the price successfully bid for and to be paid by the Buyer for a Lot sold at Auction.
Purchase Price means the “Hammer Price” plus the “Buyer’s Premium” exclusive of GST
Reserves means the seller (at Anderson’s Fine Wine Merchants & Auctioneers absolute discretion) may place a reserve on goods. Anderson’s Fine Wine Merchants & Auctioneers will assist the seller in setting a reserve. Reserves are confidential and not published.
Seller means a party selling Goods from Anderson’s Fine Wine Merchants & Auctioneers through its wine Auctions.
Services means any services offered by Anderson’s Fine Wine Merchants & Auctioneers to Seller and Buyer including the sale and purchase of Goods at Auction.
Andersons Fine Wine

Merchants & Auctioneers

means Anderson’s Wine Trading Company Pty Ltd . (ABN 31 603 088 277) trading as Anderson’s Fine Wine Merchants & Auctioneers.
Website means the Anderson’s Fine Wine Merchants & Auctioneers website at www.andersonswines.com.au

Anderson’s Fine Wine Merchants & Auctioneers
Anderson’s Fine Wine Merchants & Auctioneers operates a fine wine retail & auction business. Anderson’s Fine Wine Merchants & Auctioneers sells Goods via direct retail & auction on behalf of Sellers. Anderson’s Fine Wine Merchants & Auctioneers acts as agent for Sellers. Anderson’s Fine Wine Merchants & Auctioneers shall not be responsible for any default by the Seller or the Buyer. Anderson’s Fine Wine Merchants & Auctioneers evaluates Goods based on its experience and expertise. Anderson’s Fine Wine Merchants & Auctioneers may, at its absolute discretion, refuse admission to its premises, attendance at its auctions, membership on its website, or participation in any sale by any person.

Member
A Member is a party who has joined Anderson’s Fine Wine Merchants & Auctioneers. A Member is entitled to full access to Anderson’s Fine Wine Merchants & Auctioneers website and the right to bid at all Anderson’s Fine Wine Merchants & Auctioneers auctions or buy direct via the retail platform.

Members must provide accurate up-to-date information to Anderson’s Fine Wine Merchants & Auctioneers. Members have an account set up with Anderson’s Fine Wine Merchants & Auctioneers and provide their own member identification and password. Members must keep this confidential for security purposes and notify Anderson’s Fine Wine Merchants & Auctioneers immediately of any breach of security or unauthorised use of their member identification and password.

Member rights are personal and cannot be transferred to another party.

Seller
A Seller is a party who uses Anderson’s Fine Wine Merchants & Auctioneers Auction Services to sell Goods on their behalf for the payment of the Commission. Anderson’s Fine Wine Merchants & Auctioneers can provide a preliminary estimate of the value of Goods from a list provided by the Seller. Anderson’s Fine Wine Merchants & Auctioneers retains the right to refuse to deal with Goods that it considers inappropriate to Auction.

If Anderson’s Fine Wine Merchants & Auctioneers agrees to accept Goods for Auction they must be delivered by the Seller to Anderson’s Fine Wine Merchants & Auctioneers at least 30 days prior to Auction. Anderson’s Fine Wine Merchants & Auctioneers will issue a receipt for the Goods to the Seller promptly upon their receipt at Anderson’s Fine Wine Merchants & Auctioneers business premises. Anderson’s Fine Wine Merchants & Auctioneers will assess the Goods and provide a report on them to the Seller detailing faults (if any) detected by Anderson’s Fine Wine Merchants & Auctioneers. This information will be included in the Lot description in the Catalogue.

Placing Goods with Anderson’s Fine Wine Merchants & Auctioneers is an irrevocable offer to sell those Goods save that Goods can be withdrawn from sale (at Anderson’s Fine Wine Merchants & Auctioneers sole discretion) at no cost to the Seller at any time prior to the finalisation of the Catalogue. The Seller (at Anderson’s Fine Wine Merchants & Auctioneers absolute discretion) may place a reserve on Goods. Anderson’s Fine Wine Merchants & Auctioneers will assist the Seller in setting a reserve.

All Goods provided to Anderson’s Fine Wine Merchants & Auctioneers are not insured, unless the seller chooses to do so. The Seller may effect their own insurance and provide details to Anderson’s Fine Wine Merchants & Auctioneers or (if arrangements are made with Anderson’s Fine Wine Merchants & Auctioneers) Anderson’s Fine Wine Merchants & Auctioneers will take out additional insurance (at the Seller’s cost) for the Goods.

Risk
Loss or breakage of Sellers Goods, held by Anderson’s Fine Wine Merchants & Auctioneers, caused by Anderson’s Fine Wine Merchants & Auctioneers shall be the responsibility of Anderson’s Fine Wine Merchants & Auctioneers and Anderson’s Fine Wine Merchants & Auctioneers shall pay the Seller the Purchase Price or (if not sold) the value of the Goods as determined by Anderson’s Fine Wine Merchants & Auctioneers in its sole discretion.

Loss or breakage of Buyers Goods, held by Anderson’s Fine Wine Merchants & Auctioneers, caused by Anderson’s Fine Wine Merchants & Auctioneers shall be the responsibility of Anderson’s Fine Wine Merchants & Auctioneers and Anderson’s Fine Wine Merchants & Auctioneers shall pay the Buyer the Purchase Price of the Goods. If paid buyers goods remain with Anderson’s for more than 14 days from payment; pending shipping or collection, Anderson’s will not take responsibility for loss or damage

Buyer
Prior to bidding at an Auction the Buyer must ensure they have provided all necessary information to Anderson’s Fine Wine Merchants & Auctioneers by completing in full the New Bidder section of Anderson’s Fine Wine Merchants & Auctioneers website.

The Buyer hereby warrants to Anderson’s Fine Wine Merchants & Auctioneers that he/she is of age (18 or over) and has the legal capacity and ability to purchase alcoholic beverages. The Buyer further warrants that he/she can make a legally binding contract with Anderson’s Fine Wine Merchants & Auctioneers to purchase Goods and services.

Anderson’s Fine Wine Merchants & Auctioneers will promptly deliver a Tax Invoice for Goods sold at Auction to the Buyer. The Buyer must pay for Goods within 5 days of the receipt of the Tax Invoice.

Invoices are to be paid in full by designated credit cards ONLY, online via the Anderson’s website. Buyers preferred address MUST be verified/updated before it will be dispatched.

Goods purchased at Auction will be dispatched from Anderson’s Fine Wine Merchants & Auctioneers after payment of the Purchase Price and associated costs have been made to Anderson’s Fine Wine Merchants & Auctioneers and funds cleared. All Goods must leave Anderson’s Fine Wine Merchants & Auctioneers premises within 14 days of the Auction.

If the Buyer does not pay for and or take the Goods purchased within 5 days of receipt of the invoice, then Anderson’s Fine Wine Merchants & Auctioneers may cancel the sale and re-sell the Goods. All costs incurred by Anderson’s Fine Wine Merchants & Auctioneers in respect to such a re-sale shall be paid by the Buyer.

The Buyer may affect their own insurance and provide details to Anderson’s Fine Wine Merchants & Auctioneers or (if arrangements are made with Anderson’s Fine Wine Merchants & Auctioneers) Anderson’s Fine Wine Merchants & Auctioneers will take out insurance (at the Buyer’s cost) for the Goods.

Catalogue
Anderson’s Fine Wine Merchants & Auctioneers inspects and evaluates all Goods prior to offering them for sale. Anderson’s Fine Wine Merchants & Auctioneers uses its own experience to evaluate Lots and uses its best endeavours to ensure that Lots are accurately assessed, detailed and described.

All Bordeaux listed in a Catalogue are Chateau bottled unless otherwise stated. Anderson’s Fine Wine Merchants & Auctioneers cannot readily ascertain how well Goods have been cellared. Goods are described as accurately as can be ascertained by Anderson’s Fine Wine Merchants & Auctioneers at the time, but Buyers of older wine must make appropriate allowances for natural variations of ullage and the condition of corks and labels.

Anderson’s Fine Wine Merchants & Auctioneers has made every effort to describe any bottle that is not in excellent condition. Each Lot is sold by the Seller with all faults and defects (if any) and with all errors of description and shall be at the Buyer’s risk on the fall of the hammer and neither Anderson’s Fine Wine Merchants & Auctioneers nor the Seller shall be accountable for any deficiency, damage or loss which may arise thereafter. Anderson’s Fine Wine Merchants & Auctioneers disclaims any responsibility for all typographical errors or descriptions of Goods in Catalogues and any other Anderson’s Fine Wine Merchants & Auctioneers material.

Next to each Lot will be a price estimate (where possible). This is an estimate by Anderson’s Fine Wine Merchants & Auctioneers of the value of the Lot based upon current market values and recent sales data. Should a wine in the sale not have a recent sale’s history the price guide will represent Anderson’s Fine Wine Merchants & Auctioneers best estimate of probable realisable value.

All statements in Catalogues, advertisements or brochures prepared by Anderson’s Fine Wine Merchants & Auctioneers are statements of opinion and are not, nor are they to be relied upon, as statements of fact.

Sellers must accept Anderson’s Fine Wine Merchants & Auctioneers’ assessment of the Goods or withdraw the Goods from sale prior to finalisation of the relevant Catalogue.

Buyers must make their own assessment of any Lot before bidding for it.

Ownership of Goods
The Seller in providing Goods to Anderson’s Fine Wine Merchants & Auctioneers warrants to Anderson’s Fine Wine Merchants & Auctioneers and any Buyer of those Goods that it is the owner of those Goods; it can and will give good title thereto; and that the Goods are sold free of any encumbrance, mortgage security or lien.

Bidding
If you bid on a Lot you make an irrevocable offer to buy the Lot at the price bid. Bids received by Anderson’s Fine Wine Merchants & Auctioneers will be processed by Anderson’s Fine Wine Merchants & Auctioneers. The current highest bid for each Lot will be posted on the website.

Anderson’s Fine Wine Merchants & Auctioneers has the right, at its absolute discretion, to refuse any bid and to advance the bidding as it may determine.

Anderson’s Fine Wine Merchants & Auctioneers reserves the right to withdraw any Lot from sale.

All bids and price estimates are per lot – for example per bottle, barrel, set, magnum, half bottle etc. All Invoices are in Australian dollars.  A Lot cannot be divided and the successful bidder must take the Lot as offered.

Anderson’s Fine Wine Merchants & Auctioneers Web Site processes and monitors all bids placed on its website. The current successful bid, as posted on a catalogued lot on the Anderson’s web site, is always increased by the set incremental bid parameter and accordingly higher than the next highest bidder. If a Buyer is outbid before the close of the bidding for a particular Lot then the Anderson’s Fine Wine Merchants & Auctioneers web site, notifies the “outbid” Buyer(s) by email accordingly and offers the prospective Buyer(s) an opportunity to make another bid(s). Outbid notification email delivery is beyond our control and not instant, therefore they may provide information that is no longer current due to the fast moving nature of bidding and changes to current successful bidder Outbid notifications leading up to the end of an online auction cannot be relied on. To avoid disappointment, buyers should closely monitor bids up to auction close.

Anderson’s Fine Wine Merchants & Auctioneers web site software ensures that, regardless of the maximum bid the Buyer bids on a given Lot, the Buyer pays only the next incremental bid amount more than the next highest bidder. For example if the bid increment is set at $5 intervals and the Buyer bids $AUD100 and the next highest bid is AUD$50 the Buyer pays only AUD$55.

A Seller is prohibited from placing bids or arranging to have bids placed on behalf of the Seller in respect to Goods that it offers for sale. A Seller can bid on any other Lots (not owned by it) in the Auction.

If a seller is the successful bidder on their own stock; The purchase will be invoiced and freighted.Full payment will be deducted from the sellers proceeds account. Under no circumstances will such invoices be cancelled.

The final bid or Hammer Price means the price at which a Lot is knocked down to the Buyer, being the highest bid posted at the close of auction.

The Purchase Price payable by the Buyer shall be the final bid or Hammer Price, together with any impost chargeable on the final bid, being the Buyer’s Premium (excl. GST) and freight costs as applicable.

Payment
Buyer – Payments by Buyers to Anderson’s Fine Wine Merchants & Auctioneers must ideally be made immediately at the close of the auction or made within 7 days of the close of the Auction at which the Lot was auctioned. The invoice value is determined by multiplying the number of bottles in the Lot (if and where applicable) by the price per bottle achieved. Anderson’s Fine Wine Merchants & Auctioneers will send the Buyer a tax invoice for the amount that the Buyer owes.

If Anderson’s Fine Wine Merchants & Auctioneers has to take action to recover monies from a Buyer then the Buyer agrees to pay all Anderson’s Fine Wine Merchants & Auctioneers recovery costs (including legal costs on a full indemnity basis) and expenses.

Seller – Anderson’s Fine Wine Merchants & Auctioneers deducts Commission from the Hammer Price and remits the balance of the Hammer Price of the Lot sold to the Seller within 30 days of the Auction, subject to receiving payment for the Lot in cleared funds from the Buyer.

GST
To the extent that the supply of services under this Agreement is a taxable supply the Purchase Price shall be increased by an amount equal to any GST (Goods & Services Tax) that Anderson’s Fine Wine Merchants & Auctioneers is liable to pay in respect of those goods or supply.

The Seller or Buyer’s obligation to pay GST on the goods or services that are taxable supplies is subject to Anderson’s Fine Wine Merchants & Auctioneers providing a tax invoice for those goods or services.

Anderson’s Fine Wine Merchants & Auctioneers follows the convention, when negotiation or quoting vendor commission, of using the pre-GST figure.

Anderson’s Fine Wine Merchants & Auctioneers freight, insurance and cellarage charges also attract GST and all prices quoted are also GST inclusive.

The application of the GST can be summarised as follows –

Trade Seller (Non-GST registered)
GST is not included in the Hammer Price. Commission, Buyer’s Premium, freight & insurance will also attract GST. The Seller must remit the GST component of the sale of goods to the government and can claim input tax credits on the GST applicable to our fees.

Trade Sellers need to supply Anderson’s Fine Wine Merchants & Auctioneers with their ABN. We will only collect GST on behalf of the Seller if we are advised at receipt of stock, or notified prior to the printing of our catalogue. It is the responsibility of the Seller to notify us of their GST status prior to our listing deadlines.

On completion of a sale, Anderson’s Fine Wine Merchants & Auctioneers will issue, when relevant, a Tax Invoice to Buyers of GST-affected lots. The GST collected from these Buyers will be passed on to the Trade Seller. This should be remitted by the Trade Seller (with a GST return) to the Australian Taxation Office.

Trade Buyer (GST registered)
The Hammer Price is exclusive of GST. GST registered Trade Buyers can claim the GST input credits for all purchases. Commission, Buyer’s Premium, freight & insurance also attract GST. Trade Buyers can claim input credits on the GST applicable to our fees.

Anderson’s Fine Wine Merchants & Auctioneers catalogue caters for GST registered Trade Buyers. GST claimable lots are specifically noted.

Private Seller
GST is not charged on the Hammer Price. Commission, Buyer’s Premium, freight & insurance do attract GST (exclusive of Anderson’s Fine Wine Merchants & Auctioneers charges).

Private Buyer
GST is not charged on the Hammer Price. Commission, Buyer’s Premium, freight & insurance do attract GST (inclusive in Anderson’s Fine Wine Merchants & Auctioneers charges).

The expressions ‘GST’, ‘supply’, ‘taxable supply’, and ‘tax invoice’ have the same meaning as in A New Tax System (Goods and Services Tax) Act, 1999.

Delivery
Anderson’s Fine Wine Merchants & Auctioneers will expertly pack wine purchase for shipment local metro, interstate and international. Goods are shipped anywhere in Australia by Anderson’s Fine Wine Merchants & Auctioneers preferred carriers. The rate is charged is calculated according to parcel weight and destination postcode. Optional Insurance can be provided at a rate of $4 per $100 cover (subject to change – please contact us for updated rates). If insurance is taken each shipment must be insured to its full invoice value.

International shipment of Goods can be arranged on request.

Seller Default
If the Seller does not own the Goods and or have clear title to the Goods and/or provides misleading and deceptive information about the Goods to Anderson’s Fine Wine Merchants & Auctioneers then –

If the Goods have not been sold, Anderson’s Fine Wine Merchants & Auctioneers may withdraw the Goods from Auction and return them to the Seller upon payment by the Seller to Anderson’s Fine Wine Merchants & Auctioneers of any and all reasonable costs of Anderson’s Fine Wine Merchants & Auctioneers associated with obtaining and assessing the Goods for sale and returning them to the Seller.

If the Goods have been sold but not delivered to the Buyer, Anderson’s Fine Wine Merchants & Auctioneers shall terminate the sale contract with the Buyer, refund to the Buyer any monies paid by the Buyer and return the Goods to the Seller upon payment by the Seller to Anderson’s Fine Wine Merchants & Auctioneers of any and all reasonable costs of Anderson’s Fine Wine Merchants & Auctioneers associated with obtaining and assessing the Goods for sale and returning them to the Seller.

If the Goods have been delivered to Buyer, Anderson’s Fine Wine Merchants & Auctioneers shall recover the Goods and refund to the Buyer any monies paid by the Buyer. The Buyer shall have no claim upon Anderson’s Fine Wine Merchants & Auctioneers in respect to the Goods save for receiving the refund of any monies paid to Anderson’s Fine Wine Merchants & Auctioneers for the Goods.

Buyer Default
If a Buyer fails either to pay any Lot within 7 days of the Auction, Anderson’s Fine Wine Merchants & Auctioneers shall, without further notice to the Buyer and at its absolute discretion, and without prejudice to any other rights or remedies it may have, be entitled to exercise one or more of the following rights or remedies –

(1) issue proceedings against the Buyer for the cost of the Goods, interest costs, expenses and damages for breach of contract;
(2) rescind the sale of that or any other Lots sold to the Buyer at the same or any other Auction;
(3) resell the Lot or cause it to be resold by public or private sale. Any deficiency in the Purchase Price resulting from such resale (after giving credit for payment) together with the full costs incurred in connection with the Lot, shall be paid to Anderson’s Fine Wine Merchants & Auctioneers by the Buyer. Any surplus (if any) on the net resale Purchase Price over the net Purchase Price on the original sale Price shall be paid to the Seller;
(4) to store the Lot or cause it to be stored, whether at its own premises or elsewhere, at the sole expense of the Buyer and to release the Lot only after payment in full of the Purchase Price, the accrued cost of removal, storage and insurance and all other costs incurred in connection with the Lot;
(5) to charge interest on the purchase price at the rate of 5% above the Commonwealth Bank of Australia’s base rate to the extent that it remains unpaid for more than thirty days from date of sale;
(6) to retain that or any other Lot sold to the Buyer at the same or any other Auction and release the same only after payment of the Purchase Price; and
(7) to apply any proceeds of sale of any Lot then due or at any time thereafter becoming due to the Buyer towards settlement of the Purchase Price and expenses and Anderson’s Fine Wine Merchants & Auctioneers shall be entitled to a lien on any property of the Buyer which is in Anderson’s Fine Wine Merchants & Auctioneers’ possession until all monies owing to Anderson’s Fine Wine Merchants & Auctioneers by the Buyer have been paid in full.

Member Default
If Anderson’s Fine Wine Merchants & Auctioneers considers that a Member has breached the terms of these Terms, without further notice to the Member and at its absolute discretion, it may immediately suspend his/her membership rights including the right to bid at Auctions.

Warranties
Neither Seller nor Anderson’s Fine Wine Merchants & Auctioneers, its employees or agents shall be responsible for the correctness of any statement as to authorship, origin, date, age, attribution or provenance of any Lot, nor for any other errors of description or for any faults or defects in any lot and no warranty whatsoever is given by the Seller or Anderson’s Fine Wine Merchants & Auctioneers, its employees or agents in respect of any Lot.

The only conditions and warranties which are binding on Anderson’s Fine Wine Merchants & Auctioneers in respect of the state, quality or condition of the goods and services supplied by it to Seller and Buyer and/or in respect of advice, recommendation(s), information or services supplied by Anderson’s Fine Wine Merchants & Auctioneers, its employees, servants or agents to the Seller or the Buyer regarding the Goods and services, are those imposed and required to be binding by statute (including the Trade Practices Act 1974) and to the fullest extent permitted thereby the liability (if any) of Anderson’s Fine Wine Merchants & Auctioneers arising from the breach of such conditions or warranties shall, at Anderson’s Fine Wine Merchants & Auctioneers’ option, be limited to and completely discharged in the case of the Goods by either (at Anderson’s Fine Wine Merchants & Auctioneers’ sole option) the payment by Anderson’s Fine Wine Merchants & Auctioneers of the value of the Goods as determined by Anderson’s Fine Wine Merchants & Auctioneers in its sole discretion or the replacement by Anderson’s Fine Wine Merchants & Auctioneers of the Goods and in the case of advice, recommendation(s), information or services by the supplying by Anderson’s Fine Wine Merchants & Auctioneers of the advice, recommendation(s), information or services again and otherwise all other conditions and warranties whether express or implied by law in respect of the state, quality or condition of the said Goods which may apart from this clause be binding on Anderson’s Fine Wine Merchants & Auctioneers, are hereby expressly excluded and negatived.

Anderson’s Fine Wine Merchants & Auctioneers shall have no liability (including liability in negligence) to any person for any loss or damage consequential or otherwise howsoever suffered or incurred by any such person in relation to the Goods and/or advice, recommendation(s), information or services and without limiting the generality thereof in particular any loss or damage consequential or otherwise howsoever suffered or incurred by any such person caused by or resulting directly or indirectly from any failure, defect or deficiency of whatsoever nature or kind of or in the Goods and/or advice, recommendation(s), information or services and without limiting the generality thereof in particular any loss or damage consequential or otherwise howsoever suffered or incurred by any such person caused by or resulting directly or indirectly from any failure, defect or deficiency of whatsoever nature or kind of or in the Goods and/or advice, recommendation(s), information or services.

Anderson’s Fine Wine Merchants & Auctioneers Undertaking
If within twenty-eight days of the date of the Auction –

(1) Anderson’s Fine Wine Merchants & Auctioneers receives notice in writing from the Buyer of any Lot that in his/her view the Lot was at the time of the sale short or ullaged or out of condition or that any statement of opinion in the Catalogue was not well founded; and
(2) Within fourteen days of such notice, Anderson’s Fine Wine Merchants & Auctioneers has the Lot in its possession in the same condition (as determined by Anderson’s Fine Wine Merchants & Auctioneers) as at the date of the Auction; and
(3) Within a reasonable time thereafter, the Buyer satisfies Anderson’s Fine Wine Merchants & Auctioneers that the Lot was defective as notified in writing by the Buyer and the Buyer is able to transfer a good and marketable title to the Lot free from any liens or encumbrances (and the Seller shall accept any decision by Anderson’s Fine Wine Merchants & Auctioneers as final), Anderson’s Fine Wine Merchants & Auctioneers will set aside the sale and refund to the Buyer any amount paid by the Buyer in respect of the Lot provided that the Buyer shall have no rights under this condition if –
(a) The Catalogue description at the date of the Auction was in accordance with the then generally accepted opinion of scholars or experts or fairly indicated there to be a conflict of such opinion or;
(b) It can be established that the Lot as notified in writing by the Buyer was identifiable only by means of scientific process not generally accepted for use until after publication of the Catalogue or by means of a process which at the date of the Auction was unreasonably expensive or impractical or likely to have caused damage to the Lot; and
(4) The Buyer shall not be entitled to claim under this condition for more than the amount paid by him/her for the Lot and in particular shall have no claim for any loss, consequential loss or damage whether direct or indirect suffered by him/her.
(5) The benefit of the undertaking provided by Anderson’s Fine Wine Merchants & Auctioneers is personal to Buyer (being the party to whom the Tax Invoice for the Lot was issued by Anderson’s Fine Wine Merchants & Auctioneers) and shall not be assignable.

Use of Anderson’s Fine Wine Merchants & Auctioneers Facilities
Anderson’s Fine Wine Merchants & Auctioneers will use its best endeavours to ensure the availability of access to its services including its website but makes no warranty that continuous access can or will be available at all times.

Privacy
When you trade with Anderson’s Fine Wine Merchants & Auctioneers you agree to do so subject to the terms of Anderson’s Fine Wine Merchants & Auctioneers Privacy Policy. Our privacy policy forms part of Anderson’s Fine Wine Merchants & Auctioneers Terms and Conditions of trading. It is available separately and can be read by clicking here.

Law
These Terms and any contract including them shall be governed by the laws of the State of Australia in which the relevant Auction takes place and the parties hereby submit to the non-exclusive jurisdiction of the Courts of that State.

General

(1) All communications shall be by notice in writing and sent to Anderson’s Fine Wine Merchants & Auctioneers and the Seller or Buyer at their addresses, facsimile numbers and email addresses as advised from time to time. A notice shall be deemed received when the sender hand delivers it or (if by fax or email) the receiver receives confirmation of receipt and in any event within 24 hours of sending the notice.
(2) These Terms and the accompanying Privacy Policy constitute the entire agreement between Anderson’s Fine Wine Merchants & Auctioneers and the Seller or the Buyer relating to the Goods and services and there are no agreements understandings warranties or representations between the parties other than those contained herein.
(3) No waiver or failure or delay to act by Anderson’s Fine Wine Merchants & Auctioneers in respect to any default on the part of Buyer or Seller in the performance of these terms and conditions shall prevent actioning that or any other default by the Seller or Buyer.
(4) The singular shall include the plural and vice versa, words importing any gender shall include every other gender, and where there is more than one party comprising Seller or Buyer, they shall be bound jointly and severally.