Note:- 10% of all PwC sales will be donated to the Westpac Rescue Helicopter
A Buyers Premium of $100 will apply on auction lots sold in excess of $1,000

Viewing
Saturday 11-6 May 3
Sunday 2-6 May 4
Monday 11-4 May 5

Please register your interest to bid by completing this online bidding form.
(Please note you will need confirmation from the galleries of safe receipt of your bidding form, if not forthcoming please ring the galleries.)
OR
Fax the galleries with a completed form to (02) 4926 5529
OR
Ring the galleries in gallery hours Fri, Sat, Mon 11-6

Art Finance is available for art purchases, by arrangement with Mark Widdup the gallery director.
FOR Leasing, H.P, Superannuation fund options and credit card.
Please contact the galleries to discuss.

For the PwC artwork sales, special terms for purchase to suitable applicants can be arranged up to 2 months instalments being available- please refer to the gallery for this arrangement.

Following see the appropriate forms for bidders and purchasers to use (click on form to download).

(i) Absentee bidding form
(ii) Telephone bid form
(iii) Bank details for telegraphic transfer or direct deposit.

Art Advice in the form of

- Display, lighting, placement and hanging is available for prospective purchasers

- Assistance in qualifying the appropriate artwork to meet your tastes and preferences.

- Art Finance Options.

- Assisting in identifying the collectable and investment aspect of an artwork versus the decorative alone.

- Presentation Advice - framing, restoration etc.

- Art suitable for Superannuation Funds + setting up a fund easily and economically.

- Managing an Art Investment Portfolio.

Background to the Auction

This is Newcastle's first Corporate Art Auction in a private gallery.

PwC have had several changes to their management and the move to the new office at Honeysuckle has meant much of the art was made redundant being purchased over past decades, so management instructed Cooks Hill Galleries to auction their paintings.

The Newcastle office of PricewaterhouseCoopers has long supported prominent local artists, and over the years has acquired a number of original works.

PwC moved to a new open plan office in Honeysuckle two years ago. The lack of available hanging space has meant that it is time for these art works to be offered to the market, so that they can be properly enjoyed rather than being held in storage.

Buyers have a real opportunities to secure a fine provenanced artwork and some artworks from PwC Collection purchased in the golden years of the 1980's.

Note also that PwC will donate 10% of the auction proceeds from their paintings to the Westpac Helicopter Service

Additionally we have a diverse range of styles, artists, investment quality- art offerings by some major notable artists such as Sidney Nolan, Charles Blackman, Brett Whiteley, Margaret Olley. All from various private and corporate vendors, quality of this standard we rarely see in Newcastle, so it is a unique opportunity to secure a rare artwork that matches your tastes and one considered to be an investment.

Other conditions of the sale

- All conditions of the auction are set out in the auction terms below

- All works are sold unconditionally with full title.

Finance

Finance options either by PricewaterhouseCoopers instalment option or lease agreement, loan or HP must have been organised prior to auction, you cannot presume you would be an acceptable candidate for these finance option on the evening, if you don't have this in place, have a back up for your finance.

- All purchasers need to Finalise or make arrangements re their purchasers on the evening of the auction.

- We have a finance colleague available via the gallery for all ones needs to purchase art.

- Credit card payments for artwork will incur a 3.5% merchant fee. Cheques will be accepted for payment however artworks cannot be removed from the gallery until after 4 working days; to allow for clearance of all funds.

- Another option is the direct deposit form; all details are available for all purchasers at the front desk- please fax 4926 5529 or email your bank deposit details.

Pick Up and Removal

- For pick up of the artworks purchased, access is available form Tuesday May 6, from 11-5 p.m, with the exception of payments by cheque or a finance facility.

The removal of artworks is the responsibility of the purchaser and all lots should be removed from the gallery by no later than Friday May 9, unless other arrangements have been made. Delivery and storage costs apply thereafter.

The terms and conditions of sale listed here contain the policy of Cooks Hill Galleries. They are the terms

on which Cooks Hill Galleries and the seller contract with the buyer. They may be amended by posted or oral announcements made during the sale. By bidding at auction you agree to be bound by these terms.

1. Background to the Terms used in these Conditions

The conditions that are listed below are terms that are used regularly and may need explanation They are as follows:

'the Buyer' means the person with the highest bid accepted by the Auctioneer

"the Lot' means any item depicted within the sale for auction and in particular the item or items described against any lot number in the catalogue.

"the Hammer price' means the amount of the highest bid accepted by the auctioneer in relation to a lot

'the Buyers Premium' means the charge payable by the Buyer to the auction house as a percentage of the hammer price.

"the Reserve' means the amount bellow which Cooks Hill Galleries agrees with the Seller that the lot cannot be sold.

Forgery means a lot constituting an imitation originally conceived and executed as a whole, with a fraudulent intention to deceive as to authorship, origin, age, period, culture or source, where the correct description as to such matters is not reflected by the description in the catalogue. Accordingly no lot shall be capable of being a forgery by reason of any damage or restoration work of any kind (Including re-painting) The insured value means the amount that Cooks Hill Galleries in its absolute discretion from time to time shall consider the value for which a lot should be covered for insurance (whether or not insurance is arranged by Cooks Hill Galleries )

2. COOKS HILL GALLERIES AUCTIONS AS AGENT

Except as otherwise stated Cooks Hill Galleries acts as agent for the Seller.

The contract for the sale of the property is therefore made between the seller and the buyer

3. Before the Sale

A) EXAMINATION OF PROPERTY

Prospective Buyers are strongly advised to examine in person any property in which they are interested before the Auction takes place. Neither Cooks Hill Galleries nor the seller provides any guarantee in relation to the nature of the property apart from the Limited warranty in the paragraph below.

The property is otherwise sold 'AS IS"

B) CATALOGUE AND OTHER DESCRIPTIONS

All statements by Cooks Hill Galleries in the catalogue entry for the property or in the condition report, or made orally or in writing elsewhere, are statements of opinion and are not to be relied upon as statements of fact. Such statements do not constitute a representation, warranty or assumption of liability by Cooks Hill Galleries of any kind. References in the catalogue entry to the condition report to damage or restoration are for guidance only and should be evaluated by personal inspection by the bidder or a knowledgeable representative. The absence of such a reference does not imply that an item is free from defects or restoration, nor does a reference to particular defects imply the absence of any others. Estimates of the selling price should not be relied on as a statement that this is the price at which the item will sell or it's value for any other purpose. Neither Cooks Hill Galleries nor The Seller is responsible for any errors or omissions in the catalogue or any supplemental material.

C) BUYERS RESPONSIBILITY

All property is sold "as is" without representation or warranty of any kind by Cooks Hill Galleries or for the Seller. Buyers are responsible for satisfying themselves concerning the condition of the property and the matters referred to in the catalogue entry.

4. At the Sale

A) REFUSAL OF ADMISSION

Cooks Hill Galleries reserves the right at our complete discretion to refuse admission to the auction premises or participation in any auction and to reject any bid.

B) REGISTRATION BEFORE BIDDING

Any prospective new buyer must complete and sign a registration form and provide photo-identification before bidding. Cooks Hill Galleries may request bank or other financial references to substantiate this registration.

C) BIDDING AS A PRINCIPAL

When making a bid, a bidder is accepting personal liability to pay the purchase price including the buyers premium and all applicable taxes, plus all other applicable charges, unless it has been explicitly agreed in writing with

Cooks Hill Galleries before the commencement of the sale that the bidder is acting as agent on behalf of an identified third party acceptable to Cooks Hill Galleries and that Cooks Hill Galleries only look to the principal for payment.

D) ABSENTEE BIDS

Cooks Hill Galleries will use reasonable efforts to carry written bids delivered to us AT LEAST 24 Hours to the sale for the convenience of those clients who are not present at the auction in person, by an agent or by telephone. Bids must be placed in the Australian Dollars. Please refer to the catalogue for the Absentee/Telephone Bids form. If we receive written bids on a particular lot for identical amounts, and at the auction these are the highest bids on that lot, their it will be sold to the person whose written bid was received and accepted first. Execution of written bids is a free service undertaken subject to other commitments at the time of the sale and we do not accept liability for failing to execute a written bid or for errors and omissions in connection with it. It is the buyer's responsibility to check with the auctioneer immediately after the auction if they were successful at the auction with any absentee bids.

E) TELEPHONE BIDS

For this Sale Cooks Hill Galleries would like to encourage the use of Absentee bids.

No telephone bids for lot's under AUD$2,000 will generally be accepted. Priority will be given to overseas and interstate bidders. Arrangements for this service must be confirmed at least 24 hours prior to the auction. Bidding by telephone is risky for the buyer and is only offered as a service where the buyer cannot attend the auction. Cooks Hill Galleries accepts no responsibility whatsoever for any errors or failure to execute bids. In telephone bidding the buyer agrees to be bound by all terms and conditions listed here and accepts that Cooks Hill Galleries cannot be held responsible for any mis-communications in the process. The buyer also agrees to check all lots are as catalogued at least and about one hour before the start of the auction sale.

F) RESERVES

Unless otherwise indicated, all lots are offered subject to a reserve, which is the confidential minimum price below which the Lot will not be sold. The reserve will not exceed the low estimate printed in the catalogue. The auctioneer may open the bidding on any Lot below the reserve

By placing a bid on behalf of the seller. The auctioneer may continue to bid on behalf of seller up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders.

G) AUCTIONEERS DISCRETION

The Auctioneer has the right at his absolute and sole discretion to refuse any bid, to advance the bidding in such a manner as he may decide, to withdraw or divide any lot, to combine any two or more lots and, in the case or error or dispute and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to reoffer and resell the item in dispute. If any dispute arises after the sale, then Cooks Hill Galleries sale record is conclusive.

H) SUCCESSFUL BID AND PASSING OF RISK

Subject to the auctioneer's discretion, the highest bidder accepted by the auctioneer will be the buyer and the striking of his hammer marks the acceptance of the highest bid and the conclusion of a contract for sale between the seller and the Buyer. Risk and Responsibility for the lot (including frames or glass where relevant) passes immediately to the Buyer

5. After the Sale

A) BUYERS PREMIUM

A Buyers Premium of $100 will be applicable on purchases greater than $1,000 (inclusive of 10% GST). In addition to the hammer price, the buyer agrees to pay to Cooks Hill Galleries the buyers premium together with any applicable taxes in the place of sale.

B) PAYMENT AND PASSING OF TITLE.

Immediately after the sale, the buyer must provide Cooks Hill Galleries with his or her name and permanent address and, if so requested, details of the bank from which payment will be made. The buyer must pay the full amount due (comprising the hammer price, buyers premium and any applicable taxes and GST) not later than 24 hours after the day of sale. This applies even if the buyer wishes to send the items interstate or overseas. The buyer will not acquire title for the lot until Cooks Hill Galleries receives full payment in good cleared funds even in circumstances where we have released the lot to the buyer.

C) COLLECTION OF PURCHASES & INSURANCE

Cooks Hill Galleries is entitled to retain items sold until all amounts due to us have been received in full in good cleared funds. Subject to this, the buyer shall collect purchased lots within 48 hours from the date of the sale unless otherwise agreed in writing between Cooks Hill Galleries and the Buyer. At the fall of the hammer, insurance is the responsibility of the purchaser

D) PACKING, HANDLING AND SHIPPING.

Cooks Hill Galleries will be able to suggest removals companies that the buyer can use but takes no responsibility whatsoever for the actions of any recommended third party. Neither Cooks Hill Galleries nor its staff will pack and handle goods purchased at the auction and it is the responsibility of the buyer/s to organise this.

E) CULTURAL HERITAGE EXPORT LICENCES

Unless otherwise agreed by us in writing, the fact that the buyer wishes to apply for an export licence does not affect his or her obligation to make full payment immediately, not our right to charge interest or storage charges on late payment. It is the buyer's responsibility to check Australia's protection of Moveable Cultural Heritage Act 1986 before purchase. If the buyer requests Cooks Hill Galleries to apply for an export licence then we shall be entitled to charge a fee for this service. We shall not be obliged to rescind a sale nor to refund any interest or other expenses incurred by the buyer where payment is made by the buyer in circumstances where an export licence is required.

F) REMEDIES FOR NON-PAYMENT

If the buyer fails to make full payment immediately, Cooks Hill Galleries his entitled to exercise one or more of the following rights or remedies (in addition to asserting any other rights or remedies available to the law)

G) TO CHARGE INTEREST AT SUCH A RATE AS WE SHALL REASONABLY DECIDE

i) to hold the defaulting buyer liable for the total amount due and to commence legal proceedings for it's recovery along with interest, legal fees and costs to the fullest extent permitted under applicable law

ii) to cancel the sale

iii) If we do sell the property publicly or privately on such terms as we see fit

iv) to pay the seller an amount up to the net proceeds payable in respect of the amount bid by the defaulting buyer

v) to set off against any amounts which Cooks Hill Galleries may owe the buyer in any other transactions, the outstanding amount remaining unpaid by the buyer.

vi) where several amounts are owed by the buyer to us, in respect of different transactions, to apply any amount paid to discharge any amount owed in respect of any particular transaction, whether or not the buyers so directs.

vii) to reject at any future auction any bids made by or on behalf of the buyer or to obtain a deposit from the buyer prior to accepting any bids.

viii) to exercise all the rights and remedies of a person holding security over any property in our possession owned by the buyer whether by way of pledge, security interest or in any other way, to the fullest extent permitted by the law of the place where such property is located. The buyer will be deemed to have been granted such security to us and we may retain such property as collateral security for such buyer's obligations to us.

ix) to take such other action as Cooks Hill Galleries deem necessary or appropriate

If we do sell the property under paragraph (rv), then the defaulting buyer shall be liable for payment of any deficiency between the total amount originally due to us and the price obtained upon reselling as well as for all costs, expenses, damages, legal fees and commissions and premiums of whatever kinds associated with both sales or otherwise arising from the default.

If we pay any amount to the seller under paragraph (v) the buyer acknowledges that Cooks Hill Galleries shall have all of the rights of the seller, however arising, to pursue the buyer for such amount.

H) FAILURE TO COLLECT PURCHASES

Where purchases are not collected within 48 hours from the sale date, whether or not payment has been made, we shall be permitted to remove the property to a third party warehouse at the buyer's expense, and only release the items after payment in full has been made of removal, storage handling, insurance and any other costs Incurred, together with payment of all other amounts due to us.

6. Extent of Cooks Hill Galleries Liability

Cooks Hill Galleries agrees to refund the purchase price in the circumstances of the Limited Warranty set out in paragraph 7 below. Apart from that, neither the seller nor we, nor any of our employees or agents are responsible for the correctness of any statement of whatever kind concerning any lot, whether written or oral, not for any omissions errors or omissions in description or for any faults or defects in any lots Except as stated in paragraph 7 below, neither the seller ourselves, our officers, agents or employees give any representation warranty or guarantee or assume any liability of any kind in respect of any lot with regard to merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature or historical relevance. Except as required by local law any warranty of any kind is excluded by this paragraph.

7. Limited Warranty

Subject to the terms and conditions of this paragraph, the owner warrants for the period of three months from the date of the sale that any property described in this catalogue (as such description may be amended by any saleroom notice or announcement) which is stated without qualification to be the work of a named author or authorship is authentic and not a forgery. The term "Author" or "authorship" refers to the creator of the property or to the period, culture, source, or origin as the case may be, with which the creation of such property is identified in the catalogue.

This warranty does not apply to supplemental material, which appears below the first line description of each lot, and neither the owner nor Cooks Hill Galleries auctions will be held responsible for any errors or omissions in such material. The terms used in the first line descriptions are further explained in Important Notices and Explanation of Cataloguing Practice. The warranty does not apply to any heading, which is stated to represent a qualified opinion. The warranty is subject to the following:

i) it does not apply where a) the catalogue description or saleroom notice corresponded to the generally accepted opinion of scholars and experts at the date of the sale or fairly indicated that there was a conflict of opinions, or b) correct identification of a lot can be demonstrated only by means of a scientific process not generally accepted for use until after publication of the catalogue or a process which at the date of the publication of the catalogue was unreasonably expensive or impractical or likely to have caused damage to the property.

ii) the benefits of the warranty are not assignable and shall apply only to the original buyer of the lot as shown on the invoice originally issued by Cooks Hill Galleries when the lot was sold at Auction.

iii) the Original Buyer must have remained the owner of the lot without disposing of any interest in it to any third party

iv) The Buyer's sole and exclusive remedy against the seller in place of any other remedy which might be available, is the cancellation of the sale and the refund of the original purchase price paid for the lot less the buyers premium which is non refundable. Neither the seller nor Cooks Hill Galleries will be liable for any special, incidental nor consequential damages including, without limitation, loss of profits not for interest.

v) The buyer must give written notice of claim to us within three months of the date of the Auction The seller shall have the right, to require the buyer to obtain two written opinions by recognised experts in the field, mutually acceptable to the Buyer and Cooks Hill Galleries to decide whether or not to cancel the sale under warranty.

vi) the Buyer must return the lot to seller in the same condition that it was purchased in.

8. Severability

If any part of these Conditions of Sale is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the conditions shall continue to be valid to the fullest extent permitted by law.

9. Copyright

The copyright of all images, illustrations and written material -reduced by Cooks Hill Galleries relating to a lot including the contents of this catalogue, is and shall remain the property at all times of Cooks Hill Galleries and shall not be used by the buyer, nor by anyone else without our prior written consent. Cooks Hill Galleries and the seller make no representation or warranty that the buyer of a property will acquire any copyright or other reproduction rights in it.

10. Law and Jurisdiction

The rights and obligations of the parties with respect to these Conditions of Sale, the conduct of the auction and any of the foregoing shall be governed and interpreted by the laws of the jurisdiction in which the auction is held. By bidding at auction, whether present in person or by agent, by written bid, telephone bid or other means, the buyer shall be deemed to have submitted for the benefit of Cooks Hill Galleries to the exclusive jurisdiction of the courts of that country, state or province and (if applicable) of the federal courts sitting in such state.

11. Payment.

Payment is due within 24 hours of the sale and can be made by direct transfer, cash or bank cheque payable to Cooks Hill Galleries. See the included payment form.

Personal cheques will be accepted but goods may not be collected before there are good cleared funds in Cooks Hill Galleries account. This means that there will be charges for collection and storage from the auction premises, which will be due to the appointed removals company used by Cooks Hill Galleries Auctions. This removals company will have the right to demand payment of these extra charges before releasing goods to you even though your account with will have been settled.

12. Estimates.

Cooks Hill Galleries will provide oral estimates on all lots in this sale and buyers should check with the auctioneer as to a received estimate closer to the sale, which could vary according to buyer's interest.

13. Goods and Service Tax

Under Australian legislation Cooks Hill Galleries Auctions will collect on behalf of the Government Australian Tax Office (ATO) a Goods and Service tax of 10% on all applicable transactions where the seller's property is owned by an entity registered for GST. Auctions will be held under a GST inclusive basis. Purchases greater than $1,000 will incur a $100 buyer’s premium which is inclusive of 10% GST.

Overseas buyers and buyers non resident in Australian will not be charged GST under the following terms.

1. The non-resident is not in Australia when the auction occurs

2. The non-resident buyer must not use an agent or representative in Australia

3. The purchaser must sign a declaration of non¬resident status.

Please note GST on the buyers premium is non refundable as this tax is deemed to be on services provided within Australia

GST for overseas purchases will be waived when the goods are exported only by Cooks Hill Galleries recommended freight company if exported within 60 days of the earlier of the issue of an invoice or receipt of any consideration from the vendor which ever is the earlier. The invoice supplied by Cooks Hill Galleries for purchases will be regarded as a Tax invoice for GST purposes.