L o a d i n g

Terms & Conditions

  • Jan 31, 2022

All Lots

All Lots are sold on an "as is" basis. The contents of the catalog produced by Global Auction are statements of opinion only. Subject to the limited warranty given in the Condition of Sale for buyers, Global Auction and the seller make no representation or warranty regarding the description, value, or quality of the Lot. Buyers are encouraged to inspect the property themselves. Global Auction is not liable for any errors or omissions in the catalog, and all dimensions listed are approximate.


Condition Reports

Condition reports are offered as a service to interested clients. Prospective buyers should note that descriptions are not warranties and that each Lot is sold "as is." While condition references may be included for certain items like prints, books, and wine, most Lots do not come with a condition statement unless requested. For specific condition reports, please contact a Global Auction representative.


Property Incorporating Materials from Endangered Species

An export license may be required from the Primary Production Department and other regulatory authorities in Singapore for the export of any item made of or incorporating (regardless of percentage) endangered animal materials such as ivory, whalebone, tortoiseshell, rhinoceros horn, etc. Obtaining this license may take up to eight weeks. Clients are advised to check with the relevant authorities in the destination country regarding any possible restrictions on the importation of items within this category.


Cataloging Terms for Artworks

Terms used in this catalogue have the meanings ascribed to them below:

  1. Name(s) or Recognized Designation of an Artist without any Qualification: In Global Auction's opinion, a work by the artist.
  2. "Attributed to…": In Global Auction's qualified opinion, probably a work by the artist, in whole or in part.
  3. "Studio of…"/"Workshop of…": In Global Auction's qualified opinion, a work executed in the studio or workshop of the artist, possibly under his supervision.
  4. "Circle of…": In Global Auction's qualified opinion, a work from the period of the artist and showing his influence.
  5. "Follower of…": In Global Auction's qualified opinion, a work executed in the artist’s style but not necessarily by a pupil.
  6. "Manner of…": In Global Auction's qualified opinion, a work executed in the artist’s style but at a later date.
  7. "After…": In Global Auction's qualified opinion, a copy (of any date) of a work by the artist.
  8. "Signed…" / "Dated…" / "Inscribed…": In Global Auction's qualified opinion, the work has been signed/dated/inscribed by the artist.
  9. "With signature…" / "With inscription…": In Global Auction's qualified opinion, the signature/inscription appears to be by a hand other than that of the artist.
  10. "With date…": In Global Auction's qualified opinion, the date on the item was not executed on that date.


Information for Buyers

The Global Auction conditions of sale for buyers govern the terms and conditions of the contract between the buyer and the seller of a lot, as set out later in this catalogue. Persons who have registered as bidders will be deemed to have read, understood, and agreed to the terms stated in the conditions of sale for buyers. No reliance should be placed on oral representations made by any person at the auction.


Estimates

Estimates are based on prices recently paid at auction for comparable property, considering condition, rarity, quality, and provenance. Estimates are subject to revision. Buyers should not rely on estimates as predictions of actual selling prices. Estimates do not include the buyer’s premium. For estimates on request, please contact us for further information.


Reserves

The reserve is the confidential minimum price the consignor will accept. The reserve will not normally exceed the low estimate.


Buyer’s Premium

Global Auction charges a premium to the buyer on the final bid price of each lot sold at the following rate: 22% of the hammer price.


Viewing / Admission

Pre-auction viewings are open to the public and free of charge. Please note the location of the painting. Global Auction reserves the right to refuse admission and participation in its auctions.


Registration

Prospective buyers need to register online at bid.global.auction to create an account and place bids.

If you have not previously registered with Global Auction and do not yet have a Global Auction account, you will need to sign into the online registration with your existing username and password. Please provide any required information and complete any necessary forms.

To be approved for bidding, we require a security deposit of SGD 5,000. The deposit will be held and applied toward this sale’s purchase. Any remaining amount will be refunded within a maximum of 7 working days after the sale's closing date. Please allow sufficient time for us to process and approve your registration. We may, at our discretion, decline to permit you to register as a bidder. You will receive email confirmations indicating that you have successfully registered online.

Online registration should be completed at least 24 hours before the end of the sale. Please enter your maximum bid (the highest amount you are willing to pay for the lot). The bidding platform will automatically follow the incremental price steps. If your maximum bid is outbid, we will notify you by email, allowing you to increase your bid. In cases of identical bids, priority will be given to the bid that was entered first.


Bidding

Bidding is conducted solely online and in Singapore Dollars (S$).


Bidding Increments

The auctioneer will typically start with bids below the low estimate and may, at their discretion, increase bids. The standard increments are as follows:

  1. $0 - $1,000: by $50
  2. $1,000 - $2,000: by $100
  3. $2,000 - $5,000: by $200
  4. $5,000 - $10,000: by $500
  5. $10,000 - $20,000: by $1,000
  6. $20,000 - $50,000: by $2,000
  7. $50,000 - $100,000: by $5,000
  8. $100,000 - $200,000: by $10,000


Successful Bids

The highest bid will determine the successful bidder when the lot closes. Winning bidders will receive an email notification for any successful bid.



Condition of Sale for Buyers

Together with the terms set out in the "Information for Buyers," these conditions contain all the terms on which a buyer contracts with a seller regarding the sale of a lot. These terms may be amended at any time through notices or oral announcements during the sale and auction. The buyer agrees to be bound by these conditions when they bid to purchase a lot.


1. Meanings

In these terms and conditions, the following words and expressions have the following meanings:

  1. “Buyer” means the successful bidding buyer of a lot.
  2. “Catalogue” means the catalogue prepared by Global Auction that describes and illustrates all lots for sale.
  3. “Conditions” means these terms and conditions.
  4. “Hammer Price” means the price at which a lot is sold to the buyer.
  5. “Lot” means each piece of property as described in the catalogue for which bids are invited for purchase.
  6. “Global Auction,” “our,” “we,” “us” means Global Auction House.
  7. “Reserve Price” means, in respect of a lot, the minimum price the seller is prepared to accept from a buyer.
  8. “Seller” means, in respect of a particular lot, the seller of that lot and their personal representatives.
  9. “$” means the lawful currency of Singapore.

Except where the context otherwise requires, words importing the singular shall include the plural and vice versa; words importing any one gender shall include all genders; and words importing persons shall include companies and corporations and vice versa.

Unless otherwise stated, references to clauses are references to clauses in these conditions.

The headings appearing in this agreement are inserted for ease of reference only and shall in no way define, limit, or construe the terms and conditions appearing herein.


2. Parties to the Sale of a Lot

Unless otherwise stated, a buyer contracts with a seller to purchase a lot. Global Auction acts as the seller’s agent in respect of the sale of a lot.


3. Bidding

(a) Registering. Prospective buyers are required to register online at bid.global.auction. You will receive email confirmations indicating that you have successfully registered online.

(b) Reserve. Unless otherwise stated, all lots are offered for sale, subject to a reserve price, which is confidential between the seller and Global Auction. Bids may be placed by representatives of Global Auction on behalf of the seller up to the reserve price. There is no obligation on Global Auction to identify bids placed on behalf of the seller.

(c) Types of Bids. Bids can be done by online or via telephone (for live auction)

(d) Currency. Prices of all lots are in Singapore dollars, and all bids shall be made in Singapore dollars. Prices that may be stated in other currencies on the screen during the auction are for reference purposes only.

(e) Closing of a Lot. A countdown clock is displayed for each lot in the lot description. There will be a bidding extension, ensuring a 3-minute period between the last bid and the closing of that lot. These extensions will continue indefinitely until there is no more bidding activity on the lot for a period of 3 minutes. The highest bid will determine the successful bidder when the lot closes.

(f) Buyer’s Responsibility. When bidding, a prospective buyer accepts personal responsibility to pay the hammer price of the lot for which he bids if he is successful, together with the following additional amounts:


4. Limited Warranty

(a) No Warranty. Neither the Seller nor Global Auction makes any warranty regarding the description of any Lot, its value, or its quality. Except for the limited warranty set out in Clause 4(b) below, the Buyer purchases a Lot “as is” without any representation or warranty of any kind by Global Auction or the Seller. The contents of the Catalogue are statements of opinion only and do not constitute any representation or warranty whatsoever concerning any Lot.

(b) Limited Warranty. The Seller and Global Auction warrant only that the Lot is attributed to the artist named in its description in the Catalogue. In the event of any allegation of lack of authenticity or forgery, the Buyer is required to notify Global Auction in writing within one year (the “Notice”) from the date of the auction.

(c) Contents of Notice. The Notice shall include written evidence from a reputable independent expert who can demonstrate that the Lot is a forgery. Global Auction or the Seller reserves the right to request further evidential proof from other experts if either party is not satisfied with the findings of the Buyer’s expert.

(d) Refund. If Global Auction is satisfied with the evidence provided in the Notice, and subject to (i) receipt of the full refund from the Seller and (ii) the return of the Lot in the same condition as it was sold, a refund of the purchase price for that Lot will be made to the Buyer. The liability of Global Auction and the Seller is limited to the purchase price of the Lot. Neither Global Auction nor the Seller shall be liable for any other damages, costs, or expenses incurred in presenting the Notice.

(e) Conflict of Opinion. In the event of a conflict of opinion between the Buyer’s expert and the expert appointed by Global Auction or the Seller, or if it can be shown that the test of authenticity would involve a scientific process that could damage or otherwise jeopardize the condition of the Lot, and which scientific process did not exist at the time of the Catalogue's publication, no refund will be made for the affected Lot.

(f) No Assignment of Limited Warranty. The limited warranty in this Clause 4 is for the benefit of the Buyer only and cannot be assigned to any third party.


5. Payment, Title, and Collection of Purchases

(a) Deadline for Payment. All payments for sold Lots must be made within seven calendar days from the date of sale, regardless of whether the Buyer wishes to export the Lot and is applying for an export/import license.

(b) Title. Title to the Lot will not pass to the Buyer until all amounts due to Global Auction, as stated in Clause 3(f) above, have been paid, even in circumstances where Global Auction has released the Lot to the Buyer before full payment has been made.

(c) Payment Modes. Payments must be made in Indonesian Rupiah or Singapore Dollars (depending on the currency used in the auction). Each auction or event will have a designated currency, which will be based on the Bank Indonesia average exchange rate against SGD on the day of closing, to be paid to the bank account specified in the invoice.

(d) Collection. The Buyer is required to collect their purchase from the premises of Global Auction and pay for all delivery and shipping costs. Global Auction may assist the Buyer in making packing and shipping arrangements at the Buyer’s own cost and risk.

(e) Export and Import Restrictions. Property comprised in a Lot may be subject to laws governing export from Indonesia and import restrictions in foreign countries. It is the Buyer’s responsibility to comply with all export and import regulations imposed by the relevant authorities.

(f) Storage Charges. All purchases will initially be held for collection at the premises of Global Auction at no charge for a period of fourteen days from the date of sale. Subsequently, Global Auction will charge the Buyer storage fees at the rate of $10 per day per Lot, along with all other transport, handling, removal, insurance, and related expenses if a Lot is transported to another location pending collection.

(g) Limit on Insurance Cover. Global Auction provides general insurance coverage for sold Lots for a period of up to seven days from the date of sale. After this period, the risk for such Lots will transfer to the respective Buyers.


6. Non-Payment

If a Buyer fails to make payment with cleared funds within the stipulated time, Global Auction and/or the Seller shall be entitled, in addition to all other rights and remedies available under the law, to:

(a) Charge default interest at the rate of 1.5% per month on the outstanding sums due from the Buyer;

(b) Commence legal proceedings against the Buyer for recovery of all outstanding sums, including interest, legal fees, costs, and other expenses on a full indemnity basis;

(c) Rescind the sale of the Lot;

(d) Resell the property on such terms as they deem fit and set off the proceeds of the sale against the outstanding sums unpaid by the Buyer;

(e) Hold the Lot as security, pledge, or lien pending payment of all outstanding sums due from the Buyer.


7. Copyright

The copyright in all images, illustrations, and literature, including the Catalogue, is the property of Global Auction and shall not be used by the Buyer without prior written consent from Global Auction. No warranty is made by Global Auction or the Seller that the Buyer of a Lot shall acquire any intellectual property rights in it or the right to reproduce it.


8. Miscellaneous

(a) Notwithstanding anything stated in these conditions, the Buyer shall indemnify Global Auction and the Seller against any loss, damage, cost, or expense that may be incurred by either party due to any breach by the Buyer of these Conditions.

(b) If any part of this agreement is found by any court to be invalid, illegal, or unenforceable, that part may be struck out, and the rest of the agreement shall continue to be valid and enforceable to the fullest extent permitted by law.

(c) Global Auction will hold the Buyer’s personal data and may communicate it to affiliated companies worldwide for the purposes of enabling the Buyer to consign or purchase property or services. Unless the Buyer objects, this data may also be used to advise them of forthcoming sales, events, and services.

(d) These conditions are subject to Singapore law, which shall apply to their construction as well as their effect.

(e) Where a translation of this agreement has been provided, the English language version shall prevail in the case of any conflict.



Conditions of Business for Sellers

Definitions

For the purposes of these General Conditions of Business, the following terms shall have the meanings set out below unless the context requires otherwise:

  1. "Buyer" means the person or entity who purchases the Property through the Company.
  2. "Company" means Global Auction, acting as the auctioneer and intermediary between the Seller and the Buyer.
  3. "Conditions" means these General Conditions of Business for Sellers, together with any applicable Memorandum of Understanding (MoU), Consignment Agreement, or other written agreement between the Seller and the Company.
  4. "Consignment" means the delivery of the Property by the Seller to the Company and the Seller’s authorization for the Company to offer the Property for sale through auction or private sale.
  5. "Property" means any artwork, painting, sculpture, collectible, or other item consigned by the Seller to the Company for sale.
  6. "Reserve Price" means the minimum selling price agreed in writing between the Seller and the Company, below which the Property will not be sold without the Seller’s prior written consent.
  7. "Seller" means the owner of the Property or a person who has lawful authority to consign and sell the Property on behalf of the owner.


1. Appointment of Global Auction

1.1 The Seller appoints Global Auction ("the Company") as its exclusive agent to offer the Property for sale through an online auction, live auction, or private sale as agreed by both parties.

1.2 During the consignment period, the Seller grants the Company exclusive authority to market, exhibit, catalogue, photograph, advertise, and offer the Property for sale.

1.3 The Company acts solely as an intermediary between the Seller and the Buyer and does not guarantee that the Property will be sold.


2. Seller's Warranties

The Seller represents and warrants that:

(a) the Seller is the lawful owner of the Property or has full legal authority from the owner to consign and sell the Property, and shall provide written authorization if acting on behalf of another party;

(b) the Property is free from any lien, encumbrance, security interest, dispute, seizure, or third-party claim, including any claim by a spouse, heir, or other person;

(c) the Property has been lawfully acquired and is not derived from or connected with any criminal activity;

(d) all information, documentation, certificates, provenance records, and statements provided to the Company regarding the Property are true, complete, and accurate;

(e) the Seller has disclosed to the Company any known restoration, alteration, repair, conservation treatment, damage, authenticity concerns, provenance issues, ownership disputes, or condition issues affecting the Property;

(f) the Seller has complied with all applicable export, import, cultural property, customs, and regulatory requirements relating to the Property;

(g) the Property is authentic to the best of the Seller's knowledge and does not infringe any intellectual property or ownership rights of third parties.

If any of the warranties given by the Seller are found to be untrue or are breached, the Seller shall be responsible for any claims, losses, damages, liabilities, or expenses suffered by the Company or the Buyer as a result.


3. Documentation and Delivery

3.1 The Seller shall provide all documents reasonably requested by the Company, including but not limited to proof of ownership, provenance records, certificates, and identification documents.

3.2 The Seller shall deliver the Property to the Company by the agreed deadline and in the same condition as represented during consignment.

3.3 The Company may refuse to offer or may withdraw any Property if documentation is incomplete or if authenticity or ownership cannot be satisfactorily established.


4. Reserve Price

4.1 Any Reserve Price shall be agreed in writing between the Seller and the Company prior to the publication of the auction catalogue.

4.2 The Company shall not sell the Property below the agreed Reserve Price without the Seller's prior written consent.

4.3 Once agreed, the Reserve Price may not be changed except by mutual written agreement between the Seller and the Company before the auction.


5. Commission and Fees

5.1 The Seller agrees to pay the Company's agreed Seller's Commission together with any applicable taxes, insurance charges, marketing costs, restoration costs, framing costs, shipping expenses, or other agreed fees.

5.2 The Company may deduct such amounts from the sale proceeds before remitting payment to the Seller.


6. Payment to Seller

6.1 If the Property is sold and full payment has been received from the Buyer, the Company shall remit the net proceeds to the Seller after deduction of all applicable commissions, taxes, and charges.

6.2 Payment shall only be made after the Buyer has fully settled all obligations and the sale has become final.

6.3 The Company shall not be obliged to advance payment to the Seller before receiving payment from the Buyer.


7. Unsold Property

7.1 If the Property remains unsold, the Seller shall collect the Property within seven (7) calendar days after notification by the Company unless otherwise agreed.

7.2 If the Seller fails to collect the Property within such period, storage, handling, transportation, insurance, and related costs may be charged to the Seller.

7.3 The Company shall not be liable for deterioration, loss, or damage occurring after the collection deadline except where caused by the Company's gross negligence or wilful misconduct.


8. Withdrawal of Property

8.1 Once the Property has been consigned and accepted by the Company, the Seller has signed the applicable Memorandum of Understanding (MoU) or Consignment Agreement, and the auction catalogue or listing has been published, the Seller may not withdraw the Property from the auction.

8.2 Global Auction may, at its option, withdraw any lot from auction at any time prior to or during the sale of the lot. Global Auction has no liability to you for any decision to withdraw.


9. Responsibility for Claims

The Seller shall be responsible for any claims, losses, liabilities, damages, costs, or expenses incurred by the Company, its directors, employees, agents, or the Buyer arising from:

(a) any breach of these Conditions by the Seller;

(b) any false, inaccurate, incomplete, or misleading information provided by the Seller;

(c) any dispute relating to the ownership, authenticity, provenance, title, or legal status of the Property, including compliance with applicable export or import requirements; or

(d) any claim made by a third party in relation to the Property.


10. Reputation and Good Faith

Both parties shall perform this agreement in good faith and shall refrain from any conduct that may damage the reputation or business interests of the other party.


11. Termination

Neither party may unilaterally terminate this agreement after the Property has been accepted for auction except by mutual written agreement or where termination is permitted by law or these Conditions.


12. Force Majeure

12.1 Neither party shall be liable for failure or delay in performing its obligations where such failure results from events beyond its reasonable control, including but not limited to war, civil unrest, riots, strikes, natural disasters, pandemics, governmental actions, or other force majeure events.

12.2 The affected party shall promptly notify the other party of the occurrence of such event and use reasonable efforts to mitigate its effects.