The following terms and conditions shall apply to the Auction:
1. Unless otherwise agreed in writing, the Commission payable by the
Seller shall be 10% of the hammer price. Mavin shall be entitled to charge and
receive from the buyer a Premium of 15% of the hammer price. GST shall be payable
on all Commission, Premium and fees.
Seller undertakes and warrants that the Seller has an unrestricted right to
transfer good title to the buyer free from all third party rights or claims
(including copyright claims). The Seller will indemnify Mavin and/or the buyer
in full on demand against all claims, costs or expenses incurred by Mavin or
the buyer in the event of any breach of the above undertaking and warranty.
3. The item(s) ("Item") is to be sold with any reserve as indicated.
Where any Item is sold below the reserve, Mavin will account to the Seller on the
basis that the Item was sold at the reserve. Unless otherwise agreed in writing,
where the reserve is set by the Seller, the Seller shall pay Mavin a fee of 5% of
the reserve if the Item is not sold.
4. Mavin shall have complete discretion as to the way the Item is
described, arranged, grouped, graded, catalogued or otherwise presented for sale.
Mavin reserves the right to decline to sell any Item to any person without giving
the Seller any reason for such refusal. Mavin reserves the right to withdraw any
Item from sale at any time without giving any reason for such withdrawal.
5. The Seller may not withdraw any Item from sale without Mavin's consent.
The Seller shall pay Mavin a fee of 5% of the reserve, or if there is no reserve
the lower estimate, on any Item withdrawn.
6. Lots bid on and bought by the Seller shall be considered as sold
and be liable for the full Commission and Premium.
7. Mavin does not accept any liability for any Item unless due to
gross negligence. At no time shall Mavin's liability to the Seller exceed the reserve
or if the Item has been sold the hammer price, less Mavin's Commission. Any unsold Item
not collected by the Seller will be wholly at the Seller's risk after the expiry of seven
days from the Auction.
8. Mavin shall have the right to rescind the sale if the buyer satisfies
Mavin at any time, whether before or after completion of the sale, that the Item is a
forgery. If Mavin has paid the Seller the whole or part of the amount due to the Seller,
the Seller shall refund to Mavin the total amount paid on demand.
9. Mavin will pay the Seller, after deducting all Commission, fees and charges
due to Mavin, 30 days after receipt of payment from the buyer, unless Mavin has
received notice that the Item is a forgery or the item is returned by the buyer
for any reason whatsoever.
10. Unsold Items may be collected by the Seller three days after the Auction. The
cost of shipping any Item back to the Seller shall be paid by the Seller before the Item
is shipped. Provided always that if any amount is due to Mavin, Mavin shall be entitled
to exercise a lien over any property belonging to the Seller in Mavin's possession as
security for the amount due. Following 14 days notice, Mavin shall be entitled to sell any
such property to recover the amount due even if the selling price is below any reserve set
by the Seller. Mavin shall be entitled to charge Commission and Premium on the
selling price on any such sale.
11. Mavin is authorized to sell by private treaty any unsold Item not yet collected
by the Seller. In such event, the Seller's obligations shall be the same as if the Item
had been sold at auction at a hammer price equal to the selling price.
12. Mavin shall not be obliged to take any legal proceedings against any party on the
13. The copyright in all images, illustrations and written material relating to the
Item is and remains at all times the property of Mavin and shall not be used by
the Seller nor anyone else without Mavin's prior written consent.
14. If any part of this Agreement is found by any court to be invalid, illegal or
unenforceable, that part may be discounted and the rest of the Agreement shall
continue to be valid and enforceable to the fullest extent permitted by law.
15. This Agreement shall be governed by and construed in accordance with Singapore
law and the Seller irrevocably agrees to submit, at the option of Mavin, to the jurisdiction
of the Singapore Courts. This shall not limit Mavin's right to take proceedings in any other