Terms & Conditions
General Conditions of Business
These Conditions apply to all sales conducted and services provided by AHJO Pty Ltd trading as Abbeys Group, Abbeys Auctions, Abbeys Property Services and Classic Moves (the Company) and any goods which are held by the Company for transport, valuation, storage or any other purposes.
Estimated Selling Range and descriptions
The company shall not be liable for any error, misstatement or omission in the description of a Lot in any Catalogue, unless the company (and its employees and agents) has engaged in misleading or deceptive conduct.
Warranties of Seller
The Seller warrants to the company and Buyer that:
- the lot is free from all liens, charges, encumbrances and third party claims including a claim by a spouse.
- the lot and any written provenance given by the Seller to the Company is authentic.
The Seller has notified the company in writing of:
- any material alterations to the Lot of which the Seller is aware
- any concerns expressed by third parties in relation to authenticity, provenance, origin, age, condition or quality of the Lot
- all information in the Seller’s possession as to the provenance and identification of the Lot and that the information is correct
- the Seller acknowledges that the company relies on any information provided by the Seller and the Seller agrees to indemnify and keep indemnified the company against all Claims arising out of or in connection with this information.
Estimated Starting Price and descriptions, including unsold lots
Auction estimates are provided as a guide only. In some cases, it will not be possible to advise vendors of an estimate prior to auction (eg high volume small items, mixed boxes, paintings requiring research, etc). In these instances, goods will receipted with an estimate of Fair Market Value (FMV) and will be further assessed at the time of preparing lots for auction. The company shall not be liable for any error, misstatement or omission in the description of a Lot in any Catalogue, unless the company (and its employees and agents) has engaged in misleading or deceptive conduct. All items will be sold at best price on the day of auction.
If an item fails to sell at auction, it’s starting price will be reduced in subsequent auctions based on market demand, until an unsold lot is sold. If fees are greater than value, goods will be determined to be of No Commercial Value (NCV) and will be donated or disposed of at Abbeys cost. There will be no notice given to vendors regarding this action.
Reserves
Our aim is to achieve the best price possible for your items and we believe that a public auction is a good way to be sure of the true market value
We accept reserves for items over $500. Reserves for items over $500 must be agreed in writing by the auctioneer.
- it may only be changed with the written consent of the company although the company may at its own discretion consent to an oral request for a reduction (but not an increase)
- only the Auctioneer may place a bid on behalf of the Seller,
- neither the Seller nor any person on the Seller’s behalf may bid on the lot,
- if the Auctioneer is of the opinion that the Seller or a person on the Seller’s behalf may have bid on the Lot, the Auctioneer may knock down the Lot to the Seller without observing the Agreed Reserve and the Seller shall pay the company the Premium in addition to the Seller’s Commission and Expenses.
If a Seller purports to place a reserve on a Lot but that reserve is not an Agreed Reserve, the company will sell the Lot without reserve unless the Seller withdraws the Lot from the Sale.
If there is no Agreed Reserve, the company shall not be liable if the Sale Price of the Lot is less than the Estimated Selling Range
Risk
The company’s own insurance will subsist until payment is made by the Buyer or, in the case of unsold Lots, until the expiry of 7 days after notice from the company requiring the Seller to collect the unsold Lot.
The company advises all Buyers to arrange for their own insurance cover for purchased Lots effective from the fall of the Auctioneer’s hammer to protect their interests as the company cannot warrant that the Seller has insured it’s interests in the Lots or that the company’s insurance cover will extend to all risks.
Payment to Seller
Payment will be available no earlier than ten working days after the sale of goods. Payments option must be selected on the goods receipt. Abbeys takes no responsibility for missing payments if incorrect EFT or address details are provided by the vendor. Contact us for seller fees and payment advice.
The company is only liable to the Seller for payment of the Sale Proceeds if the Purchase Price has been received in cleared funds by the company.
If the full Purchase Price has been received in cleared funds by the company within 2 days of the date of the Sale, the company shall pay the Sale Proceeds, less any applicable fees and charges, to the Seller after 10 days.
If the company rescinds a Sale because the Lot is proved to it’s reasonable satisfaction to be a Forgery and the company has accounted to the Seller for the Sale Proceeds, the Seller must immediately refund the Sale Proceeds to the Company, which will then refund the Purchase Price to the Buyer and make the Lot available to the Seller for collection.
Fees and Charges
A Vendor’s Commission and other applicable fees and charges will be deducted from the sale proceeds. Sorting fees may apply for large quantities of boxed goods.
Postage for goods will incur a handling fee – contact us for details. Payment for postage of goods must be received prior to despatch.
Some works of art may fall under the Government’s artists’ resale royalty scheme and as such attract a fee. These fees will be paid directly to the royalty collection authority on the vendor’s behalf and deducted from auction proceeds.
Withdrawal Fees
A seller may only withdraw a Lot from sale by written notice signed by the Seller.
If a Seller withdraws a Lot from Sale after the date upon which the Lot has been catalogued for auction, the Seller shall pay the company any Expenses plus a withdrawal fee.
Contact us for further details on seller fees and payments.
If the Seller purports to change the Agreed Reserve at any time without the consent of the company, the Seller shall be deemed to have withdrawn the Lot from sale.
The auction (live or timed) lot will be sold at the discretion of Abbeys Auctions, subject to any Agreed Reserve. Any dispute may be determined by the Auctioneer at his or her absolute discretion and the decision of the Auctioneer shall be final. Every bidder shall be deemed to act as principal unless prior to the commencement of the Sale there is a written acceptance by the company that the bidder is acting on behalf of a third party and that the bidder is not personally liable.
New bidders are automatically allocated a bidding limit of $2000; if you require a higher limit, please contact the company.
All bids placed at timed or live auctions, including the pre-bidding period, are final and subject to buyer’s terms and conditions.
In addition to the hammer price, the buyer agrees to pay Abbeys Auctions the buyer’s premium together with any additional taxes in the place of sale.
Refer to Appendix 1 for Table of Fees
Lots are sold on an “as is” basis and it is the responsibility of prospective Buyers to examine a Lot prior to the Sale and to satisfy themselves as to the condition of the Lot and that the Lot matches any written or oral description provided by the Seller or the company.
If a Lot is proved to the reasonable satisfaction of the company to be a Forgery then the company may rescind the Sale as agent of the Seller in which case the Seller shall refund the Sale Proceeds to the company, which will refund the Purchase Price to the Buyer and make the Lot available to the Seller for collection provided that:
- the Buyer provides written notice to the company within 14 days of the auction date of the Forgery allegations
- the Buyer produces evidence from two independent experts who both agree that the Lot is a Forgery, however, the company reserves the right to request further expert evidence if, in it’s sole discretion, it is not satisfied with the findings by the expert
- the Buyer returns the Lot to the company in the same condition as it was at the date of the Sale.
The company is prepared to execute telephone bids in live auctions only on behalf of prospective Buyers at no charge on the condition that the prospective Buyer acknowledges that taking instructions by telephone in the course of an auction has inherent risks (such as miscommunication, misunderstanding or other problems caused by a telecommunications fault or failure including a mobile telephone connection falling out).
The company shall not be responsible for any errors or omissions in connection with the execution of absentee or telephone bids. All telephone bids will start at the lowest estimate given in the catalogue.
Subject to the company’s discretion, on the acceptance of a bid by the fall of the hammer a contract of sale is made between the Seller and Buyer. The company is not a party to the contract of sale and shall not be liable for any breach of that contract by either the Seller or the Buyer.
At the time that a prospective Buyer registers to bid he or she must give the company his or her name and address and, if requested by the company, banking or other suitable references or identification and an acknowledgement that they have read and agreed to be bound by these conditions.
The Purchase Price must be paid to the company not later than 2 business days after the Sale unless otherwise stated in the Catalogue.
Full payment for all Lots must be made to the company by cash, electronic funds transfer or approved credit card. Processing payments currency is in Australian dollars (AUD). Where the Buyer wishes to pay by bank transfer, and the company has agreed that the Buyer may do so, a Lot will not be released until the cheque or transfer has cleared. Please note that cheques and phone payments are no longer accepted.
All Lots must be paid for and collected within 2 business days after the Sale unless otherwise stated in the Catalogue. The Buyer shall be responsible for any removal, storage, or other charges for any Lots after this day.
If there’s ever an issue with your purchase, we encourage you to contact us directly so we can review the matter promptly and work towards a fair resolution.
If the Purchase Price in respect of a Lot is not paid for in full the company may, after a period of 2 business days after the Auction (during which time the company will attempt to contact the Buyer), and in it’s absolute discretion and without prejudice to any other rights or remedies it may have, exercise one or more of the following remedies:
- The Seller may re-sell the Lot on the Buyer’s behalf without reserve, by auction, private sale or other means, after notifying the Buyer. The Buyer agrees not to dispute the resale price achieved. Auction fees and charges will apply to the resale and will be payable by the Buyer.
- Remove, store and further insure the Lot at the expense of the Buyer,
- Charge interest on the Purchase Price (refer to Appendix 1) per month or part thereof from the date upon which the Purchase Price becomes payable until the full Purchase Price has been received by the company from a resale,
- Retain any Lot sold to the Buyer at the same or any other auction until payment of the Purchase Price by the Buyer,
- Apply the proceeds of the Sale of any Lot then due or at any time thereafter becoming due to the Buyer in payment or part payment of the Purchase Price,
- Exercise a lien on or exercise a power of sale over any other property of the Buyer in the power, possession or control of the company,
- Rescind the Sale of that Lot or any other Lot sold by the Seller to the Buyer at the same time or any other auction sale,
- Repossess any goods comprising any Lot in respect of which payment is overdue and thereafter resell the same, and for this purpose the Buyer hereby grants an irrevocable license to the company to enter upon all or any of the Buyer’s premises (with or without vehicles) during normal business hours, without prejudice to any other rights of the company, issue legal proceedings against the Buyer
- Reject a bid from the Buyer at any future auction sale or require the Buyer to pay a deposit before any bid is accepted by the company at any future Sale.
If the Lot is not collected, the company may, after a period of 2 business days (during which time the company will attempt to contact the Buyer), and in it’s absolute discretion and without prejudice to any other rights or remedies it may have, exercise one or more of the following remedies:
- Remove, store and further insure the Lot at the expense of the Buyer,
- Rescind the Sale of that Lot or any other Lot sold by the Seller to the Buyer at the same or any other auction sale,
- The Seller may re-sell the Lot on the Buyer’s behalf without reserve, by auction, private sale or other means, after notifying the Buyer. The Buyer agrees not to dispute the resale price achieved. Auction fees and charges will apply to the resale and will be payable by the Buyer.
The Buyer shall pay all reasonable legal and other costs reasonably incurred by the company or the Seller (whether or not Court proceedings shall have been issued) as a result of the Buyer’s non-payment for and/ or failure to collect a Lot, on a full indemnity basis, together with interest thereon at the rate specified above (3% per month) from the date upon which the Buyer shall have become liable to pay costs.
Electrical Safety Act – 1998 Secondhand Danger
ELECTRICAL EQUIPMENT MAY BE FAULTY AND SHOULD BE INSPECTED AND TESTED BY A COMPETENT PERSON IN ACCORDANCE WITH AS/NZ 3760
Buyers: No testing is undertaken of electrical items. Buyer must have an electrician test before use.
Sellers: All electrical items must be in good working order, if faulty a surcharge will be levied for handling and disposal of faulty goods. (see Appendix 1)
Abbeys Auctions is licenced to auction Liquor products, licence no. 36155285
WARNING : Under the Liquor Reform Act 1998 it is an offence:
- To supply alcohol to a person under the age of 18 Years (Penalty Exceeds $17,000)
- For a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $700).
WARNING : Under the Control of Weapons Act 1990 it is an offence:
- to sell a knife to a person under the age of 18. Proof of age may be required.
- The purchaser of swords, bayonets etc may be required to have a Edged Weapons License: please see the individual lot description for further information.
NOT COVERED BY STATUTORY WARRANTY
Please inspect carefully and make your own enquiries as to the condition of motor vehicles. Vehicles to be sold at auction are without registration, roadworthy certificate or warranty.
- Vehicles sold at this auction are NOT covered by Statutory Warranty under section 54 of the Motor Car Traders Act 1986. The trader has no duty under the Motor Car Traders 1986 to repair or make good any defects after delivery. The trader may have obligations under other legislation.
- Vehicles NOT covered by the Statutory Warranty under section 54 of the Motor Car Traders Act 1986 are:
- Used cars which are more than 10 years old or, which have been driven 160,000 or more
- Motorcycles
- Commercial vehicles
- Cars bought at public auction
- Licensed Traders may offer a warranty on vehicles which are not covered by Statutory Warranty under section 54 of the Motor Car Traders Act.
For most used cars, there is a 3 day cooling off period commencing on the day after signing the sale agreement. This reference to 3 days means 3 clear days not including Saturdays, Sundays or days that are wholly observed as Victorian public holidays. If a purchaser decides to cancel the sale agreement, the purchaser must notify the licenced trader in writing before the close of business on the third day. The licenced trader can withhold 1% of the purchase price or $100 whichever is the greater. The cooling off period applies to all used cars except commercial vehicles, used cars bought at public auction and vehicles sold to a body corporate.
Jurisdiction
This site is governed by the laws of the State of Victoria, Australia.
Acceptance
By accepting these terms and conditions and bidding online you warrant that you are at least 18 years of age and able to enter a legally binding contract, that you will be financially responsible for your use of the auction system and that you will be responsible for any usage by minors or any other party of these auction services under your name or account.
By accepting these terms and conditions you give permission to Abbeys Auctions to use the supplied address and other details for verification purposes and to contact you regarding upcoming auction activity.
FEES
APPENDIX 1: FEES
Fees and Charges correct as at 7 December 2025
Buyer Fees
- Buyer’s Premium: 24% of hammer price incl. GST
- Pack & Despatch Service: contact us for postage / delivery quote
Seller Fees
A vendor’s commission, lot fees and any other applicable charges will be deducted from auction proceeds.
- Vendor’s Commission: By negotiation for large volume or high value consignments. Contact us for a confidential discussion
- Lotting / Listing Fee: $11.00
- Withdrawal fee: 24% prior to publication; 48% after publication
Payment to Seller
- EFT or cheque handling fee: $5.00
- Lost or replacement cheques: $20.00