House of Huia Buyer's Terms and Conditions

These terms apply to every House of Huia auction, whether live, timed or both. By registering or bidding, you agree to them.

Definitions

1. Auctioneer's role

1.1 The auctioneer acts as agent for the vendor in the sale of each lot.

1.2 Before or during an auction, House of Huia may withdraw any lot, divide a lot, or combine lots, without giving a reason.

1.3 No lot may be removed from the saleroom while the auction is in progress.

2. Buyer's registration

2.1 Bidders must register before taking part in an auction.

2.2 Online bidders must hold an account on the House of Huia website.

2.3 Registration may require personal details and proof of identity. By registering, bidders accept these terms.

2.4 House of Huia may decline or cancel any registration without giving a reason.

3. Bidding

3.1 Bids may be placed in person, online, by telephone, or as absentee bids.

3.2 The auctioneer may refuse any bid, and may advance and regulate the bidding.

3.3 A bid cannot be withdrawn once the auctioneer has acknowledged it.

3.4 Each bid must meet or exceed the increment set by the auctioneer.

3.5 Lots may be subject to a reserve set by the vendor.

3.6 The auctioneer may bid on behalf of the vendor, up to the reserve.

3.7 The highest bidder acknowledged by the auctioneer is the buyer.

3.8 If a dispute arises over bidding, the auctioneer may re-offer the lot immediately from the last undisputed bid, or decide who the buyer is.

3.9 The auctioneer's decision on any dispute is final.

3.10 If the highest bid does not reach the reserve, the lot is offered to the vendor for approval at that bid. If the vendor accepts within 48 hours of the auction closing, the highest bidder is bound to complete the purchase. After 48 hours, the lot may be sold by post-auction negotiation, and the highest bidder will be given the first opportunity to negotiate.

4. Absentee, telephone and online bidding

4.1 Absentee bidders may give written instructions for the auctioneer to bid on their behalf up to a stated maximum. This service is free. The auctioneer will buy the lot on their behalf as cheaply as the reserve and other bids allow.

4.2 If two absentee bids for the same amount are received, the first received takes priority.

4.3 Telephone bidding during live auctions is available on request and subject to staff availability.

4.4 In timed auctions, a bid placed in the final minutes of a lot may extend its closing time. The House of Huia website clock is the official time for every auction.

4.5 House of Huia is not responsible for errors, missed bids, or failures in absentee, telephone or online bidding. This includes failures of the website, the internet connection, or third-party bidding platforms.

5. Buyer's premium

5.1 A buyer's premium of 17% of the hammer price is added to every lot. GST at 15% is charged on the premium only, so the premium totals 19.55% of the hammer price. For example, a winning bid of $100 means you pay $119.55 in total.

6. Payment

6.1 Payment in full is due within three days of the auction closing.

6.2 We accept cash, internet banking, EFTPOS and credit card. Credit card payments carry a 2% surcharge and must be made in person; we cannot accept credit card payments over the phone. The buyer pays all bank and card fees.

6.3 We may ask for identification from any buyer paying by card who is not known to us. We may also require payment by bank transfer.

6.4 Lots will not be released until full payment has cleared.

7. Failure to pay or collect

If a buyer does not pay or collect within the times in these terms:

  1. House of Huia may resell the lot by public auction or private sale, without notice to the buyer.
  2. Any money already paid toward the lot may be kept.
  3. The buyer must pay any shortfall between their price and the resale price, plus the costs and fees of both sales.
  4. House of Huia may decline the buyer's future registrations.

8. Collection, storage and shipping

8.1 Paid lots must be collected within ten business days of the auction closing.

8.2 A paid invoice or proof of payment must be shown before any lot is released.

8.3 Lots not collected within ten business days may be moved to storage. At House of Huia's discretion, storage may be charged at $5 per lot per day, and must be paid before release. Lots collected well after the sale may need to be retrieved from storage, so we may require advance notice before collection.

8.4 Uncollected lots are held at the buyer's sole risk. House of Huia is not liable for their loss, theft or damage.

8.5 House of Huia can arrange packing and shipping at the buyer's expense. We will invoice the buyer once the lot is ready to send. Lots travel at the buyer's risk, and any claim for transit damage must be made against the carrier or the buyer's insurer.

9. Risk and ownership

9.1 A contract of sale between the buyer and the vendor is formed when the hammer falls, or when a timed lot closes.

9.2 Risk passes to the buyer at that moment. House of Huia is not liable for loss, theft or damage after it.

9.3 Ownership passes to the buyer only once House of Huia has received full payment.

9.4 Buyers are responsible for complying with all laws that apply to their purchases.

10. Condition and authenticity

10.1 All lots are sold as they are, with all faults, imperfections and errors of description.

10.2 Descriptions, photographs and condition notes are a guide only. Buyers should inspect lots or ask questions before bidding.

10.3 House of Huia takes care to describe lots accurately but does not guarantee condition, size, age, origin, quality, quantity or authenticity. Neither House of Huia nor the vendor gives any warranty for a lot.

11. Electrical goods and firearms

11.1 Electrical items are sold for decorative or collectable value only and should be treated as not working. A qualified electrician must check them before use.

11.2 Firearms and weapons are sold as collector's items only. House of Huia is not responsible for any injury, loss or damage caused by attempts to fire or use them.

12. Export, permits and protected items

12.1 Some lots may need a permit to export, import or own. This includes taonga tūturu and other protected New Zealand objects, taxidermy and other wildlife products, ivory, and items covered by CITES.

12.2 Obtaining any permit is the buyer's responsibility and cost.

12.3 A refused or delayed permit does not cancel the sale or delay payment.

12.4 House of Huia will not ship taxidermy items outside New Zealand.

13. General

13.1 Nothing in these terms limits any rights a buyer has under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 that cannot lawfully be excluded. Buyers who buy for business purposes agree that the Consumer Guarantees Act does not apply.

13.2 Personal information is collected and used in line with our Privacy Policy and the Privacy Act 2020.

13.3 House of Huia may update these terms at any time. The terms published on our website when an auction opens apply to that auction.

13.4 If any part of these terms is found to be unenforceable, the rest still applies.

13.5 These terms are governed by New Zealand law.