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Conditions of Sale - {{ viewVars.auctionTitle }}
{{'General Conditions of Sale' | translate }}

Please read the following information carefully before placing any bids. All bids are final after submission. Please verify your information before bidding.

Please note: You must be at least 18 years of age to participate in our auctions.

The property offered at public auction by Fitzgerald Auctions Ltd at the published dates will be subject to the following terms and conditions:

1. Every attempt has been made to describe all goods as accurately as possible. However, Fitzgerald Auctions does not warrant or represent, and denies responsibility for, the published descriptions, encompassing but not limited to vintage, provenance, authenticity, quality and condition as may be stated in our catalogues or on our website. Any and all statements made relating to the goods are merely statement of opinion and at no time can be constructed as warranties and representations of fact or assumptions of any liability on the part of Fitzgerald Auctions as we often rely solely upon representations made to us by our Vendors. Where any error or omission in the catalogue is known by Fitzgerald Auctions, the Auctioneer will announce the correct information prior to the lot being sold.

2. Buyers accept all purchases on a "as is" basis. Notwithstanding any other terms of these Conditions of Sale, should Fitzgerald Auctions receive any written claims within 7 calendar days of the auction that any goods is with a shortage, or otherwise out of condition, or that any statement is without basis, then Fitzgerald Auctions will fairly assess such claims through inspection of the goods or by any other just means, and may (at it's sole discretion) cancel the sale and refund the purchase price. At all times the decision of Fitzgerald Auctions will be final and binding on all parties.

3. All bids and price estimates are per bottle, not per lot. For example, if you make a bid of $10 per bottle on a lot containing 12 bottles you are making a total bid of $120. All prices are in New Zealand dollars. Successful buyers shall pay to Fitzgerald Auctions a buyer’s premium of 17.5% of the hammer price plus GST on the premium. The term "final bid" as used herein shall refer to the price at which any lot is knocked down (hammer price) to the Buyer. The purchase price, due from the Buyer, shall be the aggregate of the final bid (which includes GST (if applicable)) plus the current Buyers premium (current rate is 17.5% plus GST).

Buyer’s Premium Example
Final Bid (Hammer Price): $100.00
Buyer Premium (17.5% of bid price): $17.50
GST on Buyer Premium: $2.62
Total: $120.12

The complete purchase price, including relevant Packaging, Handling and Freight costs will be due and payable by the Buyer. Title to the goods will not pass to the Buyer until full payment is received by Fitzgerald Auctions. No goods will be released to the Buyer until Fitzgerald Auctions receives payment in full. Any applicable storage or shipping charges must also be received prior to the release of the goods. All goods delivered by Fitzgerald Auctions are insured up to a value of $2,000 per case. Should the value of goods be higher, we recommend that the Buyer takes out added insurance. This is the responsibility of the Buyer but Fitzgerald Auctions is happy to assist in organising this.

4. Fitzgerald Auctions are conducted in NZ Dollars. The winning bidder will be charged in NZ Dollars for the hammer price, Buyer's premium, packaging and shipping cost. For International Buyers the actual amount to be paid in your home currency will be determined by the exchange rate used by your credit card company at the time you are actually charged.

Payment method are Cash, Eftpos, Credit Card (3% charge), or Bank Cheque or Transfer.

5. It may be assumed that a reserve, or confidential minimum selling price, has been established on all lots. Should bidding not meet the reserve price, Fitzgerald Auctions will attempt to negotiate a lower offer with the Vendor on the Buyers behalf. The highest acceptable bid received at the fall of the hammer shall be the Buyer. In the event that two or more identical absentee bids are received, then the earliest highest bid shall be deemed the successful absentee bid. Bidders who are present during a live bidding session and whose bids are equal to an absentee bid, shall take precedence.

6. Contact will be made by Fitzgerald Auctions after sale for pick up or delivery options. Indicative freight costs GST and Fuel Adjustment Factor Inclusive (guideline only):

Auckland local: $6.00 per case

North Island: $10.00 per case

South Island: $13.50 per half dozen case or $20.00 per doz case

Rural charges: $11 .00 additional per case All other locations: POA

7. Bids submitted to Fitzgerald Auctions are processed and executed as a service and convenience to bidders. Neither Fitzgerald Auctions (nor its staff) shall be responsible for any failure to execute such bids or any error relating to the same.

8. Should any Buyer fail to fully comply with these Conditions of Sale, Fitzgerald Auctions may hold the Buyer liable for the purchase price or resell the goods after reasonable notice is given to the Buyer. Any deficiencies attending the resale of goods shall be the liability of the defaulting Buyer, along with any storage or legal fees and any other expenses or damages incurred by Fitzgerald Auctions.

9. The Buyer is solely responsible for collection of the wines purchased at auction. By participating in a Fitzgerald Auction, you authorise us to act on your behalf to engage a common carrier to deliver your wine to the location you specify. Wines may be sold and delivered only to persons who are least 18 years old. By placing bids in these auctions, you acknowledge that you are at least 18 years old, and the person to whom your wine will be delivered is also at least 18 years old. The person receiving delivery may be require to show identification proving that he or she is at least 18
years old.

10. Special Notice: Though every effort is made to describe or measure the levels of older vintages, corks over 20 years begin to lose their elasticity and levels can change between cataloguing and sale. Old corks have also been known to fall during or after shipment. There is always a risk of cork failure with old wines and due allowance must be made for this. Under no circumstances can an adjustment of price or credit be made after delivery.

11. Fitzgerald Auctions Limited is fully licensed in New Zealand to conduct wine auctions.