Terms & Conditions

Definitions & Terms
Cataloguing
Bidding
Payments
Packaging
Collection, Delivery and Insurance
Refunds & Returns Policy
Vendors
GST
Levels & Ullages

DEFINITIONS & TERMS

  1. Oddbins refers to Oddbins Wine Auctions (Australia) Pty Ltd (ABN 47 007 998 807).

  2. Auction: means the sale of goods by Oddbins under the hammer by live or web based auctions.

  3. Vendor: means a party selling goods through Oddbins.

  4. Vendor Commission: means the amount paid by the Vendor to Oddbins on the sale of goods.

  5. Buyer: means a party buying goods from Oddbins.

  6. Buyer's Premium: means an amount paid by the Buyer to Oddbins on the fall of the hammer.

  7. Lot: an item in a catalogue made up of a single or multiple units of wine or spirits or products
    related to wines and spirits.

  8. Price Guide: all prices are on a per bottle basis unless otherwise described in the catalogue.

  9. Hammer Price: means the price successfully bid for and to be paid by the Buyer for a lot sold at auction.

 

CATALOGUING

  1. Whilst every care has been taken in the compilation of this catalogue the auctioneer as agent for the vendor accepts no responsibility for misdescription and makes no warranty whatsoever. All late changes to the printed catalogue will be made to the on-line catalogue..

  2. Oddbins inspects and evaluates all Goods prior to offering them for sale. Oddbins prepares
    a Catalogue for each Auction detailing the Lots offered at the relevant Auction. This Catalogue
    is available in electronic and printed form.

  3. The Catalogue includes a description and details of each Lot. Oddbins uses its own experience
    to evaluate Lots and uses its best endeavours to ensure that Lots are accurately assessed,
    detailed and described.

  4. Goods are described as accurately as can be ascertained by Oddbins at the time, but Buyers
    of older wine must make appropriate allowances for natural variations of ullage and the condition
    of corks and labels.

  5. Unless specifically mentioned labels are deemed to be in reasonable condition which we define as
    having no major physical damage such as tears or stains. However we do expect labels to have
    normal cellar wear and tear, light carton scuffing or other minor blemishes commensurate with
    age and type of wine. Please also take time to look at our ullage guides contained in Levels and Ullages.

    Effective 23rd April 2012: Reportage Of Minor Label & Capsule Damage
    * Wines consigned to Oddbins that are valued at less than $20 but display minor label or capsule damage, scuffing and staining will not be reported in the catalogue
    * Major label and capsule damage, staining, scuffing, neck levels and importantly weepage will be reported.
    •*Wines valued at $20 and above with minor and major issues will still be reported in the catalogue.

  6. Oddbins has made every effort to describe any bottle that is not in excellent condition. Each Lot is
    sold by the Vendor with all faults and defects (if any) and with all errors of description and shall be
    at the Buyer's risk on the fall of the hammer and neither Oddbins nor the Vendor shall be accountable
    for any deficiency, damage or loss which may arise thereafter. Oddbins disclaims any responsibility
    for all typographical errors or descriptions of Goods in Catalogues and any other Oddbins material.

  7. Next to each Lot in the Catalogue will be a price estimate. This is an estimate by Oddbins of the value
    per bottle (unless otherwise described) of the Lot based upon recent sales.

  8. All statements in Catalogues, advertisements or brochures prepared by Oddbins are statements of
    opinion and are not, nor are they to be relied upon, as statements of fact.

  9. Vendors must accept Oddbins assessment of the Goods or withdraw the Goods from sale prior to
    finalisation of the relevant Catalogue.

  10. Buyers must make their own assessment of any Lot before bidding for it.

  11. Oddbins reserves the right to apply a provenance tag which indicates good cellarage on any consignment.

 

BIDDING

  1. Prior to bidding at an auction, the buyer hereby warrants that they are at 18 years of age and
    have legal capacity to purchase alcoholic beverages.

  2. Buyers must complete all necessary information required by Oddbins (as detailed in the profile
    registration from) in order to bid.

  3. We accept absentee bids for those unable to access the web and we will act on your behalf to secure lots
    at the lowest bid over floor price, subject to the following:
    a. No responsibility accepted for missed bids.
    b. Settlement is expected promptly to allow for despatch and bids may be refused on the basis of previous
    late payment.
    c. Absentee bids must be received in our office by 12 noon of the day of auction, in writing
    (email included).
    d. Late bids may not be accepted.
    e. Absentee bids submitted by email, post or by hand for auctions are processed as a service
    and convenience to Bidders. Neither Oddbins nor it's staff is responsible for any failure to
    successfully execute such bids. Oddbins encourages all Bidders wherever possible to place
    bids direct via Oddbins web site.

  4. All bids are on a per bottle basis (unless otherwise described in the catalogue) and the invoice
    value is the total number of bottles multiplied by the bid per bottle, unless otherwise stated. Lots
    cannot be divided and the successful bidder must take each lot as catalogued.

  5. Bidding will be conducted in AUD $.

  6. All successful bids shall be subjected to a 15% Buyer's Premium on the Hammer Price.

  7. For further detailed information on how to bid please refer to our How to Bid guide.

 

PAYMENTS

  1. All payment must be made in AUD $.

  2. Terms are strictly 5 working days. Wine will not be released until payment in full together with
    any other charges has been received by cash, eft, visa or mastercard. Personal
    cheques will only be accepted by prior arrangement.

  3. All buyers must be over 18 years of age.

  4. Title to the goods shall not pass to the buyer until all payments are cleared. 

  5. The buyer need not sign the sales ledger but the auctioneer's clerk shall sign the same and other
    necessary documents as the buyer's agents without further authority or consent from the buyer
    from this condition.

  6. Taxes where applicable shall be paid by the buyer.

  7. Failure to comply with payment conditions may result in the reoffering of any lot at such time and
    place as may be convenient for the auctioneer and any loss on re-sale shall be a debt due by the
    Buyer or defaulter at this sale to the Vendor. If Oddbins has to take action to recover monies
    from the Buyer then the Buyer agrees to pay all Oddbins recovery costs (including legal costs on
    a full indemnity basis) and expenses.

 

PACKAGING

  1. Oddbins will undertake to package the wine according to industry standards to minimize the possibility
    of damage.

  2. Whilst due care will always be taken in packaging all wines, we draw your attention to the transport
    of aged, ullaged and damaged wines. Any additional damage will be at the risk of the buyer. Please
    note, though every effort is made to describe or measure the levels of older vintages, corks over 15 years
    old begin to lose their elasticity and levels can change rapidly. Old corks have also been known to fail 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.

 

COLLECTION, DELIVERY & INSURANCE

  1. All goods are at the risk of the Buyer from the fall of the hammer. 

  2. We ask our local Buyers to collect their purchases as soon as possible from our office warehouse
    at 8 Mattingley Lane, Norwood. Our office/warehouse will be open between 9am – 4.30 pm Monday to Friday.  

  3. For our interstate Buyers, wines will be packed for onforwarding within Australia by our contract carriers
    for $16.00 per carton. For bulk interstate buyers a per pallet rate will apply together with standard freight
    insurance charge. For international freight charges please contact our office.

  4. Storage of consignments may (at the auctioneer"s discretion) incur a storage cost of AUD$12 per carton or partial carton (incl GST) per month and must be paid prior to the release of the goods. 

  5. Interstate wines will despatched as soon as practicable with our preferred carriers once payment has
    been received but please be aware we will not freight any wines if the weather forecast is unduly hot
    unless advised to do so by the Buyer.

  6. We will charge freight insurance at a minimum of $2 per $100 value, unless we are notified otherwise.

  7. Australia Wide Deliveries:  From day of sending all wines sent from Oddbins will take at least 5 full working
    days to be delivered via our preferred carrier Australia Post.

  8. Overnight Deliveries:  or 2 day delivery service can be arranged at an additional cost.  Please call the office
    for a quote and details.

  9. International Deliveries:  Oddbins only uses DHL airfreight to deliver wines internationally.  We estimate that
    this may take up to 10 full working days to be delivered.  However, Oddbins will not be liable for delays or
    fees imposed on the shipment by other countries Customs or Government Departments.  All local excise fees,
    duties and other related import fees are to be met by the buyer.

 

REFUNDS & RETURNS POLICY

Buyers accept that all purchases are made on an "as is" basis. Notwithstanding any other terms of these
Conditions of Sale, should Oddbins receive any written claims within 48 hours after client receipt of the
wines that any short delivery has occurred or otherwise, the wines have different attributes than what
were catalogued, or that any statement by Oddbins is without basis, then Oddbins will fairly assess such
claims through inspection of the property 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 Oddbins will be final and binding on the Buyers.

In respect to any and all other claims against a Lot, except as described above, the Buyer undertakes all
purchases caveat emptor.

 

VENDORS

  1. All consignments will be subject to a commission rate determined by the auctioneers and not
    exceeding 15% (incl. GST).

  2. Oddbins sells goods via auction on behalf of Vendors (the sellers). In this regard, Oddbins acts
    as an agent for the Vendor. Every attempt has been made to describe all property offered for
    auction by Vendors, as accurately as possible. However, Oddbins does not warrant or represent,
    and denies responsibility for, the accuracy of the published descriptions, encompassing but not
    limited to vintage, provenance, authenticity, quality and condition as may be stated in our catalogues
    or on our web site. Any and all statements made relating to the property are merely statement of
    opinion and at no time can be construed as warranties and representations of fact or assumptions
    of any liability on the part of Oddbins as we often rely solely upon representations made to us by
    our Vendors. Where any error or omission in published catalogues becomes known by Oddbins
    they will be corrected immediately. At live auctions, the Auctioneer will announce the correct
    information prior to the lot being sold, or on Online Auctions, the lot will immediately amended.

  3. A Vendor is a party warranting that they have legal title of the goods and who commissions
    Oddbins to sell goods on their behalf and agree to pay the relevant Vendors Commission. Vendors
    who place goods with Oddbins are making an irrevocable offer to sell these goods subject to any
    reserve price that may be established and confirmed in writing.

  4. If the Vendor does not own the Goods and or have clear title to the Goods and/or provides misleading
    and deceptive information about the Goods to Oddbins then –

    1. If the Goods have not been sold, Oddbins may withdraw the Goods from sale and return
      them to the Vendor upon payment by the Vendor to Oddbins of any and all reasonable
      costs associated with obtaining and assessing the Goods for sale and returning them to
      the Vendor.

    2. If the Goods have been sold but not delivered to the Buyer, Oddbins shall terminate the sale
      contract with the Buyer, refund to the Buyer any monies paid by the Buyer and return the
      Goods to the Vendor upon payment by the Vendor of any and all reasonable costs associated
      with obtaining and assessing the Goods for sale and returning them to the Vendor.

    3. If the Goods have been delivered to Buyer, Oddbins shall recover the Goods and refund to the
      Buyer any monies paid by the Buyer. The Buyer shall have no claim upon Oddbins in respect
      to the Goods save for receiving the refund of any monies paid to Oddbins for the Goods.

  5. All wines will be sold without reserve but within our guidelines given on request prior to sale. Published
    guides are guides only, and are not an indication of a reserve price, if any. However, any lots with a
    guide of $20 or less will be sold at best price.

  6. Wines considered unsuitable for inclusion in the auction can be collected from the warehouse up to
    two (2) weeks following notification. Uncollected wines will be considered to be abandoned goods
    and will be disposed of at the auctioneer's discretion. Oddbins retains the right to refuse any lot or
    lots that it considers for any reason inappropriate to auction.

  7. Any wines passed in at the auction, for any reason, shall unless instructions are given to the contrary,
    be offered at the next available sale.

  8. Oddbins will deduct commission at the rate given on the receipt of the consignment and any other costs
    so authorized from the Hammer Price and remit the balance of the proceeds to the Vendor twenty one
    (21) days from the conclusion of the auction, subject to receiving payment in cleared funds from the
    Buyer for the lot.

 

GST

To the extent that the supply of services under this Agreement is a taxable supply the Purchase or Sale Price
shall be increased by an amount equal to any GST (Goods & Services Tax) that Oddbins is liable to pay in
respect of those goods or supply.

The Vendor or Buyer's obligation to pay GST on the goods or services that are taxable supplies is subject to
Oddbins providing a tax invoice for those goods or services.

The application of the GST can be summarised as follows:

Vendor (GST registered)
GST is included in the Hammer price. Commission, Buyer's Premium, freight & insurance will also attract GST.
The Vendor must remit the GST component of the sale of goods to the government and can claim input tax
credits on the GST applicable to our fees.

Vendors need to supply Oddbins with their ABN. We will only collect GST on behalf of the Vendor if we are
advised at receipt of stock, or notified prior to the printing of our catalogue. It is the responsibility of the Vendor
to notify us of their GST status prior to our catalogue deadlines.

On completion of a sale, Oddbins will issue, when relevant, a Tax Invoice to Buyers of GST-affected lots. The
GST collected from these Buyers will be passed on to the Vendor. This should be remitted by the Vendor (with
a GST return) to the Australian Taxation Office.

Buyer (GST registered)
The Hammer price is inclusive of GST. GST registered Buyers can claim the GST input credits for all purchases.
Commission, Buyer"s Premium, freight & insurance also attract GST. Buyers can claim input credits on the GST
applicable to our fees.

Oddbins wine listings cater for GST registered Buyers. GST claimable wines are specifically noted with a GST
icon in our Auction listings. Oddbins web site search engine enables you to search for all GST claimable wines
on sale at Auction.

Private Vendor
GST is not charged on the Purchase or Sale Price. Commission, Buyer's Premium, freight & insurance do attract
GST (inclusive in Oddbins charges).

Private Buyer
GST is not charged on the Purchase or Sale Price. Commission, Buyer's Premium, freight & insurance do attract
GST (inclusive in Oddbins charges).

The expressions "GST", "supply", "taxable supply", and "tax invoice" have the same meaning as in A New Tax
System (Goods and Services Tax) Act, 1999.

 


Levels & Ullages

Bordeaux Style Bottles

These are most common form of bottle used for dry red table wines across the globe and fortunately for wine
auctioneers and valuers, the easiest to classify when is comes to ullage levels.  Below is list, with brief
explanations, as to how this classification works.

  1. Into Neck: Can be level of fill. Perfectly good for wine of any age. Outstanding for a dry red wine
    of 10 years or more in bottle.  Can also be described as Just Into Neck as well.  Generally,
    estimates are not affected.

  2. Very Very High Shoulder (VVHS)Where it falls just below the bottom of the neck. Minor adjustments
    to estimates are made.

  3. Very High Shoulder (VHS): Good level for any wine 10 years or older. Estimates are adjusted
    accordingly.

  4. High Shoulder (HS): Normal level for any dry red 15 years or older. Adjustments are made to
    estimates commensurate with bottle's overall condition.

  5. Mid High Shoulder (MHS): Slight natural reduction through easing of cork and evaporation
    through cork and capsule. Usually no problem. Acceptable for any wine over 20 years old, exceptional
    for pre-1940 wines. Adjustment are made to estimates commensurate with bottle's overall condition

  6. Mid Shoulder (MS): Some weakening of the cork, therefore, some risk. Not abnormal for wines over
    50 years of age. Estimates take this into account.

  7. Low Mid Shoulder (LMS): Some risk, major adjustment to estimates.

 

Burgundy Style Bottles

Those smooth sided bottles so favoured by pinot noir and chardonnay producers are excellent to look at,
yet are quite difficult to describe when the wines are listed.

  1. Because of the slope of the shoulder it is impractical to describe levels as high shoulder, etc.

  2. When appropriate, the level between the bottom of the capsule or cork and wine will be measured
    and catalogued in centimetres.

  3. The condition and drinkability of wine in a Burgundy style bottle appears to be less affected by ullage.
    For example, a 5 to 7cm ullage in a 40 year old Burgundy style bottle can be considered normal, indeed
    good for age, 3 to 4cm excellent for age.

 

Riesling Style Bottles

Once again, these are an almost standardised, smoothe sided bottle that most Australian riesling producers
use and once again are pleasing to the eye but are yet again quite difficult to describe when it comes to ullage
levels..

  1. Because of the slope of the shoulder it is impractical to describe levels as high shoulder, etc.

  2. When appropriate, the level between the bottom of the capsule or cork and wine will be measured
    and catalogued in centimetres.

  3. The condition and drinkability of wine in a riesling style bottle appears to be less affected by ullage.
    For example, 1 to 2cm ullage level for a moderately aged wine would be quite acceptable, levels
    beyond 2cm depending on age and condition of bottle will have their estimates adjusted accordingly.

Label & Capsule Descriptions

Oddbins extensively classifies the condition of a label as part listing process and as an additional means of
assessing the wines quality and the conditions the wine has been stored under.   Estimates will be affected
by the use of these descriptions commensurate with the bottles overall condition.

So the following terms are used throughout the catalogue and can apply to, front, back, neck, other labels
and capsules on the bottle.

  1. Minor nick to label

  2. Minor tear & torn label

  3. Silverfish damaged label

  4. Minor cellar stained or scuffed label

  5. Cellar stained or scuffed label

  6. Badly cellar stained or scuffed label

  7. Missing label

  8. Wrinkled label

  9. Biro/Pen marks on label

 

Other Descriptive Terms

Oddbins employs a number of descriptive terms to describe the condition of a bottle, you may encounter the
following while viewing the catalogue.  Most are generally self-explanatory, if they are not please contact
Oddbins for a full explanation.

  1. Minor weeping cork & weeping cork

  2. Minor torn capsule & torn capsule

  3. Depressed or raised cork

  4. No capsule

  5. Wax capsules

  6. Minor cracked wax capsule or cracked wax capsule

  7. Red Wine Clinic

  8. Screw cap

  9. Original timber case

  10. Timber case, box, gift box, etc

  11. Signed by Max Schubert

  12. Writing on bottle

 

Para Liqueur

All Para Liqueur bottles will be identified if the level is below the top of the neck label.  Any levels below
this will be measured from the bottom of the capsule in centimetres.

 

Ports & Fortified Generally

When appropriate, the level between the bottom of the capsule or cork and wine will be measured and
catalogued in centimetres

 

A Word On Packaging

In line with Oddbins commitment to accurately describe all wines that come to auction, it is the company's
policy to open all sealed packages, containers, boxes, wrappings etc so that all bottles can be thoroughly
inspected.  Oddbins endeavours to keep the damage done to the original or non-original packaging to a
minimum.

This policy is part of Oddbins commitment to descriptive integrity.