These terms and conditions relate to the sale of goods on consignment through Independent Auction Group. The Consignor (“you”) agrees to provide the Goods to Independent Auction Group (“we”, “us” or “our”) for sale or return on the terms and conditions set out here.

  1. Acceptance of terms and conditionsBy clicking ‘agree’, you are deemed to have entered into a legally binding agreement upon these terms and conditions with us.
  2. Consignment processThe process to be followed in order for Goods to be accepted for sale by us, subject to the rest of these terms and conditions, are as follows:
    1. (a)  You must provide us with a request for consignment (“Consignment Request”) specifying all relevant details of the Goods to be consigned, the recommended retail price of the Goods, and the quantity to be supplied. You may choose to specify a minimum sales price in respect of the Goods, which is the minimum price at which each unit of the Goods can be offered for sale (“Minimum Price”).
    2. (b)  The Consignment Request will be reviewed by us and we may decide at our sole and absolute discretion which Goods we will accept for consignment. Confirmation of this decision will be communicated in a confirmation of acceptance (“Confirmation”) which will state which Goods and in what quantities we are willing to accept for consignment, as well as confirmation of the minimum sales price, if applicable, and our commission rate in respect of the Goods.
    3. (c)  You will then deliver to us only the particular Goods and quantities as are specified in the Confirmation. Any costs associated with delivery will be at your expense. Goods are to be delivered at our address Shop GB 303 Pitt St, Sydney, New South Wales, 2000. You may also wish to provide associated marketing materials, which we may choose to accept at our discretion.
    4. (d)  We shall then use reasonable efforts to sell the Goods accepted for consignment.
  3. Sale of Goods
    1. (a)  The Goods will be advertised for sale on our website in such a manner and for such a time as we, in our discretion, deem to be appropriate. The sale price must not be less than the Minimum Price but is otherwise at our discretion.
    2. (b)  You may request a change to the Minimum Price for any Goods which have not yet been sold by way of written notice. We reserve the right to decide whether to accept any such

request. If your request is accepted, you agree that implementation of the change may be delayed by as much time as is reasonably necessary to update our website and systems with the new Minimum Price.

(c) With the exception of Minimum Price, make no guarantees as to the sale of any Goods listed on our website, including as to whether they will be sold, when or at what price they may be sold.

  1. Proceeds of sale
    1. (a)  Upon receipt of the proceeds of a sale, the proceeds will be applied as follows:
      1. (i)  Firstly, to the payment of any sales taxes incurred by us;
      2. (ii)  Secondly to the payment of our commission rate as specified in the Confirmation;and
      3. (iii)  Finally, the remaining proceeds will be paid to you.
    2. (b)  We will pay to you your share of the proceeds within 7-14 days of whichever is the later of either the date of sale of any Goods, or the date upon which the customer can no longer make any claim with respect to the Goods.
    3. (c)  Payment shall be made by credit card or bank transfer. days
  2. Withdrawal of Goods
    1. (a)  Upon the election of either you or us, any or all of the Goods may be withdrawn from consignment at any time, provided that they have not yet been sold and that notice has been given of the decision. These goods are deemed “Withdrawn Goods”.
    2. (b)  Where we decide that Goods are to be withdrawn, we reserve the right to make that decision in our sole and absolute discretion.
    3. (c)  Withdrawn Goods shall be returned by us to you at your expense. Pick-up or payment of shipping costs must be completed within 14 days of notice of the withdrawal. If you do not do so, those Withdrawn Goods may be deemed “Abandoned Goods”.
  3. Ownership of Goods
    1. (a)  Title to the Goods remains with you until the point in time when we sell the Goods to a third-party buyer.
    2. (b)  Notwithstanding anything else in these terms and conditions, any Abandoned Goods shall be our property and we will have no liability to you in respect of Abandoned Goods.

8. Representations

You represent and warrant that any and all information which you provide about the Goods is accurate, that you are the valid and lawful owner of the Goods, and that you have the right to sell the Goods.

9. Risk

  1. (a)  You bear all risk in the Goods until ownership passes to the customer, subject to the following.
  2. (b)  We shall have no liability to you or any third parties for loss or damage of the Goods in transit to us or to customers.
  3. (c)  We will take all reasonable steps to prevent any loss or damage of the Goods when they are in our possession. If any loss or damage to the Goods occurs after delivery of the Goods to us and prior to return of the Goods to you, this will be considered to be a sale of the Goods to us at their undamaged price, entitling you to payment of the associated proceeds. However, if the Goods are damaged or lost by any event beyond our reasonable control, we bear no responsibility to make any payment in respect of such damage or loss.

10. Customer returns and allowance

We reserve the right to accept returns of Goods or make allowances in respect of Goods where, in our good faith judgement, this is appropriate having regard to our Returns Policy. Such allowances or returns will be treated as an adjustment to the proceeds to be paid to you under the heading ‘Proceeds of sale’.

11. Miscellaneous

  1. (a)  This agreement together with the Returns Policy supersedes all previous agreements, understandings, negotiations, representations and warranties about its subject matter and embodies the sole and entire agreement between us and you about its subject matter.
  2. (b)  This agreement is governed by the laws of New South Wales, Australia.