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 Buyer's Premium of up to 20% 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.
Unless otherwise agreed in writing, where the reserve is set by the Seller, the Seller shall pay Mavin a fee of 10% 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 10% 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the lower estimate, on any Item withdrawn.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. Unless otherwise agreed in writing, the Item will be insured under Mavin's Fine Arts Policy for the reserve, or if there is no reserve, what Mavin considers to be an appropriate insured value. The Seller shall pay Mavin a fee to cover insurance at a rate of 1.5% of the reserve or the insured value as the case may be, or if the Item is sold, the hammer price. The Item will be insured until the expiry of seven days after the Auction, and, if the Item is unsold, will thereafter be at the Seller's risk.
8. If the Seller instructs Mavin not to insure any Item, the Item will be at the Seller's risk. 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.
9. Mavin shall have the right to rescind the sale is 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.
10. 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. If an Item is returned by the buyer after 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.
11. Unsold Items may be collected by the Seller 14 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.
12. Mavin is authorized to sell by private treaty at a selling price not below the reserve any unsold Item not yet collected by the Seller. Mavin shall also have the sole right for a period of 14 days after the Auction to sell by private teaty at a selling price not below the reserve any unsold Item. If an Item is sold by private treaty, the Seller's obligations shall be the same as if the Item has been sold at auction at a hammer price equal to the selling price.
13. Mavin shall not be obliged to take any legal proceedings against any party on the
14. 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.
15. By consigning in Mavinís auction, you agree to Mavin collecting and using your personal data for the following purposes:
(a) For the purpose of the auction and ancillary matters, including facilitating contractual rights and obligations arising from the auction by Mavin, Buyers and Sellers.
(b) Complying with the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act, the Terrorism (Suppression of Financing) Act and other relevant laws, and to facilitate the compliance of the above laws by Mavin, Buyers and Sellers.
(c) Sending you catalogs and marketing material relating to Mavinís future auctions, sales and other services. If you do not wish to receive such material, you may write in to Mavin or indicate so in your consignment form. However, we will not be able to send you our future auction catalogs if you choose not to receive such material.
16. 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.
17. 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