Terms and Conditions

Buyer’s Terms and Conditions of Business:

All items or lots (“Lot”) listed for sale in any catalogue published by Military Lane ABN 86 796 165 304 (“ML”) and the sale thereof are subject to these Terms and Conditions of Business (“Terms”). By placing Lots with ML for sale, the Buyer is deemed to have accepted these Terms. In these Terms, the singular includes the plural and vice versa, and a reference to a “Condition” is to a term or condition contained in these Terms. Please note Conditions 3 and 4 in particular which relate to the requirement to investigate Lots prior to bidding, and limitations and exclusions of legal liability of ML and the vendor of a Lot.

1. CONTRACTUAL RELATIONSHIPS

(a) These Terms constitute the entire contractual relationship between ML, the Bidder and the Buyer.

(b) At all material times, ML is solely engaged by, and shall act as sole agent and trustee for, the Seller. A sale contract is made directly between the Seller and the Buyer. However, ML may own a Lot (and in such circumstances acts in a principal capacity as Seller) and/or may have a legal, beneficial or financial interest in a Lot as a secured creditor or otherwise.

(c) Any person who bids on any Lot included in this catalogue or otherwise included in the sale, whether successful or unsuccessful in the bid, is deemed to have accepted these Buyer’s Terms and agrees to unreservedly be bound by them.

2. DEFINED TERMS In these Terms: ‘

ML’ means Matthew Thomas trading as “Military Lane” (ABN 86796165304) the postal address of which is PO Box 7150, Brighton, Victoria, Australia 3186.

‘ABN’ means Australian Business Number as defined in a New Tax System (Australian Business Number) Act 1999 as amended; ‘Australian Resident’ means an Australian resident as defined in the GST Act;

‘Bidder’ is any person considering, making or attempting to make a bid, by whatever means, and includes a Buyer;

‘Buyer’ is the person who makes the highest bid or offer accepted by the auctioneer, and includes such person’s principal (whether disclosed or not) when bidding as agent;

‘Buyer’s Expenses’ are any costs or expenses due to ML from the Buyer, including GST; ‘Buyer’s Premium’ is the commission payable by the Buyer on the Hammer Price in accordance with Condition 13 plus any applicable GST (see Condition 12 regarding GST);

‘Due Date’ has the meaning as referred to in Condition 7(a);

‘Forgery’ an imitation made with the intention to deceive as to authorship, attribution, origin, composition, age or source, which is not so described in the catalogue and which has a value materially less than if it had been in accordance with the description in the catalogue.

‘GST’ means a tax payable under the GST Act;

‘GST Act’ means a New Tax System (Goods and Services Tax) Act 1999 as amended; ‘Hammer Price’ means, in respect of any Lot, the highest bid accepted by the auctioneer by the fall of the hammer, or in the case of a post-auction sale, the agreed sale price;

‘Insurance’ means transit insurance of Buyers goods and shall be charged unless notified otherwise.

‘Purchase Price’ is the Hammer Price and applicable Buyer’s Premium and any GST; ‘Hard Reserve’ is the confidential minimum Hammer Price at which the Seller has agreed to sell a Lot;

‘Seller’ is the person offering a Lot for sale (including any agent executors or personal representatives of that person);

‘Storage Charge’ is the Buyer’s Expense referred to in Condition 15.

‘Transfer fee’ is the amount, per licensed firearm which comprises a Lot, plus GST due and payable on transfer of all licensed firearms and shall be the Buyer’s Expense.

‘Tax Invoice’ means a tax invoice as defined in the GST Act.

3. DUTIES OF BIDDERS AND OF ML IN RESPECT OF ITEMS FOR SALE

(a) ML’s knowledge in relation to each Lot is partially dependent on information provided to it by the Seller, and ML is not able to and does not carry out exhaustive due diligence on each Lot. Bidders acknowledge this fact and accept responsibility for carrying out inspections and investigations to satisfy themselves as to the Lots in which they may be interested. In the case of a firearm comprising a Lot, the required firearm licence noted in any catalogue description published by ML refers solely and specifically to the firearm licence required under the laws of the State of Victoria. A Bidder or Buyer which does not hold a firearms licence issued under Victorian law must seek local state licencing advice in the jurisdiction in which they are located to determine any applicable specific firearm licensing requirements.

(b) Each Lot offered for sale by ML is available for inspection by the Bidder or Bidder’s nominated firearms dealer prior to the sale. Inspections may occur by appointment only and only after the Bidder or Bidder’s dealer has sent to ML a confirmation image of their appropriate firearms licence. ML accepts bids on Lots solely on the basis that Bidders (and independent experts on their behalf, to the extent appropriate given the nature and value of the Lot and the Bidder’s own expertise) have engaged a licensed firearms dealer to inspect the Lot prior to bidding and have satisfied themselves as to both the condition of the Lot and the accuracy of its description.

(c) Bidders acknowledge that many Lots are of an age and type which means that they are not in perfect condition or not in good working order. All Lots are offered for sale in the condition they are in at the time of the auction (whether or not Bidders are in attendance at the auction). Condition reports may be available to assist when inspecting Lots. Catalogue descriptions and condition reports may on occasions make reference to particular imperfections of a Lot, but Bidders should note that Lots may have other faults not expressly referred to in the catalogue or condition report. Illustrations are for identification purposes only and will not convey full information as to the actual condition of Lots.

(d) Information provided to Bidders in respect of any Lot, including any estimate, whether written or oral and including information in any catalogue, condition or other report, commentary or valuation, is not a representation of fact but rather is a statement of opinion genuinely held by ML. Any estimate may not be relied on as a prediction of the selling price or value of the Lot and may be revised from time to time in ML’s absolute discretion. Such revision may be given by a saleroom notice in writing or orally by the auctioneer prior to the offering of the Lot for sale.

(e) Subject to the matters referred to at Conditions 3(a) to 3(d) and to the specific exclusions contained at Condition 4, ML shall use its best endeavours to exercise such reasonable care when making express statements in catalogue descriptions or condition reports as is consistent with its role as auctioneer of Lots in the sale to which these Terms relate, and in the case of (i) the information provided to ML by the Seller; (ii) scholarship and technical knowledge; and (iii) the generally accepted opinions of relevant experts, in each case at the time any such express statement is made.

4. EXCLUSIONS AND LIMITATIONS OF LlABILITY TO BUYERS

(a) Notwithstanding Condition 3 and subject to Condition 4(d), subject to law, neither ML nor the Seller:

(i) is liable for any acts, errors or omissions in information provided to Bidders by ML, whether orally or in writing, whether negligent or otherwise, except as set out in Condition 3(e);

(ii) gives any representation, assurance, guarantee or warranty to Bidders and any and all implied warranties and conditions are hereby excluded (save insofar as any such obligations cannot be excluded by law);

(iii) accepts responsibility to any Bidders in respect of acts or omissions (whether negligent or otherwise) by ML in connection with the conduct of auctions or for any matter relating to the sale of any Lot.

(b) Unless ML owns a Lot offered for sale, ML is not responsible for any breach of these conditions by the Seller.

(c) Without prejudice to Condition 4(a), the quantum of any loss or damage the subject of any claim made by a Bidder against ML or the Seller is limited to the Purchase Price (if any) paid by the Bidder with regard to that Lot. Neither ML nor the Seller shall under any circumstances be liable for any indirect or consequential losses, costs or expenses, or any other amount on account of any loss and damages.

(d) Nothing in this Condition 4 shall exclude or limit ML’s liability in respect of any fraudulent misrepresentation made by ML or the Seller.

5. BIDDING AT AUCTION

(a) ML has absolute discretion to refuse admission to the auction. Bidders must complete a Bidder’s registration form and supply photo ID and such other information and references as may be required by ML. Bidders act as principal unless they have ML’s prior written consent to bid as agent for another party. Bidders are personally liable for their bid and are jointly and severally liable with their principal if bidding as an agent. Bidders must supply, at the time of initial registration and each and every subsequent auction registration, any and all alternate delivery instructions along with their full details therein, and ML shall not be responsible or liable for instructions received thereafter.

(b) ML advises Bidders to attend the online auction but will seek to carry out absentee written bids which are in Australian dollars and, in ML’s opinion, are unambiguous and received sufficiently in advance of the sale of the Lot, and will endeavour to ensure that the first received of identical written bids has priority.

(c) Where available, written and telephone bids are offered as an additional service for no extra charge, at the Bidder’s risk and are undertaken subject to ML’s other commitments at the time of the auction; ML therefore cannot accept liability for failure to place such bids and all buyers are encouraged to attend the auction in person or by engaging the services of an agent to inspect the goods and bid on their behalf. Telephone bids and the auctions may be recorded. Telephone bids will only be accepted where satisfactory arrangements have been made at least 48 hours prior the auction day, and cannot be accepted on Lots with an estimate of A$1500 and under. Telephone bids shall be registered at the least of the lower estimate published by ML. Absentee Bidders are accorded the same bidding rights and priority as Bidders present in person in the room at the time of sale. Absentee bids will not be accepted outside ML’s accepted amount increments (which increments shall be determined by ML in its absolute discretion) and an absentee bid will automatically be rounded up or down by ML to the nearest bid increment.

(d) Telephone, mail, fax or email absentee bids received after the Thursday preceding an auction may be accepted in ML’s sole discretion.

(e) Additional images may be made available upon request and ML reserves the option to limit images to 3 images per auction Lot and supplied only on Lots to the value of A$1,000 and greater. These images may not be available after Wednesday 4.00 pm preceding an auction.

6. CONDUCT OF THE AUCTION

(a) Unless otherwise specified, all Lots are offered subject to a Hard Reserve, which shall be no higher than the low presale estimate at the time of the auction as disclosed in the catalogue or announced by the auctioneer prior to the sale of any Lot. (b) The auctioneer has discretion at any time to refuse any bid, withdraw any Lot, re-offer a Lot for sale (including after the fall of the hammer) if he/she believes there may be error or dispute, and take such other action as he/she reasonably thinks fit.

(c) The auctioneer reserves the right to commence and advance the bidding at the levels of $0 to $500 at $25 increments; $500 to $1,000 at $50 increments; $1,000 to $2,000 at $100 increments; $2,000 to $5,000 at $200 increments; $5,000 to $10,000 at $500 increments; $10,000 to $20,000 increments $1,000; $20,000 and above at $2,000 increments, auctioneer’s discretion after that; notwithstanding he/she may at his/her discretion accept a bid not to this scale as he/she considers appropriate and is entitled to place a bid or series of bids on behalf of the Seller up to the Hard Reserve on the Lot, without indicating he/she is doing so and whether or not other bids are placed.

(d) Subject to the auctioneer’s discretion referred to in Condition 6(b), the contract between the Buyer and the Seller is concluded on the striking of the auctioneer’s hammer (or other signal indicating the conclusion of bidding), whereupon the Buyer becomes liable to pay the Purchase Price.

(e) Any post-auction sale of Lots offered at auction shall incorporate these Conditions as if sold during the course of the auction.

7. PAYMENT AND COLLECTION

(a) Unless otherwise agreed, payment of the Purchase Price for a Lot and any Buyer’s Expenses are due and payable in Australian dollars immediately either at the conclusion of the relevant auction or within seven (7) days from the date on which ML provides its tax invoice to the Buyer in respect of the Lot purchased by the Buyer (whichever date is later) (the “Due Date”) notwithstanding any requirements for export, import or other permits for such Lot. The Buyer must pay the Purchase Price for a Lot and any Buyer’s Expenses on the Due Date, in one of the ways described in Condition 7(h).

(b) Title in a purchased Lot will not pass until ML has received payment in full of the Purchase Price and Buyer’s Expenses for that Lot in cleared funds. ML is not obliged to release a Lot to the Buyer until title in the Lot has passed and appropriate identification has been provided by the Buyer, and any earlier release does not operate to pass title in the goods which comprise the Lot or release the Buyer from its unconditional obligation to pay in full the Purchase Price and Buyer’s Expenses.

(c) The Buyer must, by prior appointment with ML, arrange collection of purchased Lots by themselves with an approved Permit to Acquire or a registered firearms dealer within 28 days from the Due Date (or such longer period as ML may in writing agree). Purchased Lots are at the Buyer’s risk (and therefore their sole responsibility for insurance) from the earliest of (i) collection or (ii) the first working day following the relevant auction. Until risk passes, ML will compensate the Buyer for any loss or damage to the Lot up to a maximum of the Purchase Price paid.

(d) The supply to ML of an authority to release any Lot to a third party by the Buyer shall constitute collection by the Buyer.

(e) All packing and handling is at the Buyer’s risk. ML will not be liable for any acts or omissions by either itself, its agents or third party packers or shippers.

(f) Valid and current credit card details must be supplied by the Buyer prior to the auction for any shipping of any Lot.

(g) Due to the volume of the auction Lots, Buyers must expect a period of up to 4 weeks before their Lot is ready for shipping.

(h) PAYMENT MAY BE MADE IN ONE OF THE FOLLOWING WAYS:

(i) Cash (in Australian dollars only) upon collection by Buyer or, in the case of a firearm comprising a Lot, by the Buyer’s nominated firearms dealer;

(ii) Electronic Funds Transfer into ML’s bank account (details of which are set out in Condition 7(h)(iii) below), or personal or business cheque or bank cheque or electronic funds transfers (subject to provision of appropriate details including but not limited to driver’s licence number) in the case of residents of Australia;

(iii) Direct Deposits, Electronic Funds Transfer, International Bank cheque/draft and Telegraphic Transfers in Australian dollars made payable to Military Lane C/o ANZ Bank, BSB: 013-355, Account No: 309660824. Credit Card facilities are available by prior arrangement for Visa and Mastercard. Credit card payments carry a 1.65% surcharge GST inclusive. American Express and Diners credit cards are not available as a method of payment;

(i) ML reserves the right to withhold any Lot from collection until funds paid for all Lots purchased by the Buyer have cleared into ML’s bank account.

(j) Legal title shall not pass to the Buyer until the Purchase Price, together with the Buyer’s Premium, Buyer’s Expenses and all other relevant fees and charges, have been paid in full by the Buyer;

(k) No overseas personal or business cheques will be accepted as payment for all or any Lot purchased by the Buyer.

8. REMEDIES FOR NON-PAYMENT.

Without prejudice to any rights the Seller may have, if the Buyer, without prior written agreement, fails to make payment for the Lot by the Due Date, ML may in its sole discretion (having informed the Seller) exercise one or more of the following remedies against the Buyer:

(a) store the Lot at its premises or elsewhere at the Buyer’s sole risk and expense (in which case, the Buyer shall be liable to pay all reasonable storage costs and expenses of ML);

(b) cancel the sale of the Lot;

(d) reject future bids from the Buyer or render such bids subject to payment of a deposit;

(e) charge interest at 3% per annum above the base lending rate quoted by the Commonwealth Bank of Australia from the Due Date to the date the Purchase Price and relevant Buyer’s Expenses are received in cleared funds and this interest will be invoiced monthly;

(f) exercise a lien over any of the Buyer’s property which is in the possession of ML. ML shall inform the Buyer of the exercise of any such lien and within 14 days of such notice may arrange the sale of such property and apply the proceeds to the amount owed to ML;

(g) resell the Lot by auction or private sale, with any estimate or hard reserve at ML’s discretion. In the event such resale is for less than the Purchase Price and Buyer’s Expenses for that Lot, the Buyer will remain liable for the shortfall together with all costs and expenses incurred in such resale;

(h) commence legal proceedings to recover the Purchase Price and Buyer’s Expenses for that Lot, together with interest and the costs of such proceedings on a full indemnity basis; and/or

(i) release the name and address of the Buyer to the Seller to enable the Seller to commence legal proceedings to recover the amounts due and legal costs. ML will take reasonable steps to notify the Buyer prior to releasing such details to the Seller.

9. FAILURE TO COLLECT PURCHASES

(a) If the Buyer pays the Purchase Price and Buyer’s Expenses but fails to organise collection of or to provide shipping details for the purchased Lot within the period of 28 days from the Due Date, the Lot will be stored at the Buyer’s expense (and risk) at ML’s premises or with a third party and will not be released until the payment of any Storage Charge imposed by ML.

(b) If a purchased Lot is paid for but not collected within 28 days from the Due Date, the Buyer authorises ML, having given notice to the Buyer, to arrange a resale of the Lot by auction or private sale, with estimates and hard reserves at ML’s discretion. The proceeds of such sale, less all costs incurred by ML, will after ML had given notice to the Buyer, be forfeited to ML on account of its costs and expenses of re-sale unless those proceeds are claimed by the Buyer within 28 days from the date of any such resale.

10. GENERAL

(a) All images, photographs, and other materials produced for the auction are the sole and exclusive property and copyright of ML, for use at ML’s discretion.

(b) No cameras or phone cameras are permitted within the auction venue and no photographs are permitted without ML’s prior written consent.

(c) Notices to ML should be in writing addressed to the address for ML provided in the front cover of the sale catalogue, quoting the sale date and if applicable the sale reference number specified in the sale catalogue. Notices by ML’s to any Buyer or Bidder shall be addressed to the last address notified by them to ML.

(d) Should any provision or provisions of these Terms be held unenforceable for any reason, that provision or those provisions shall be deemed to be severed from the contract, the remaining provisions remaining in full force and effect.

(e) These Terms are not assignable by any Buyer without ML’s prior written consent, but are binding on Buyers’ successors, assigns and representatives. No act, omission or delay by ML shall be deemed a waiver or release of any of its rights or the rights of the Seller.

(f) These Terms set out the entire agreement and understanding between the parties with respect to the subject matter hereof. It is agreed that, save in respect of liability for fraudulent misrepresentation, no party has entered into any contract pursuant to these terms in reliance on any representation, warranty or undertaking which is not expressly referred to in such materials.

11. LAW.

Governing Law: These Terms and all aspects of all matters, transactions or disputes to which they relate or apply shall be governed, interpreted and adjudicated in accordance with the laws of and the courts of the state of Victoria, Australia. Service of Process: All Bidders hereby irrevocably consent to the service of process or any other documents in connection with any proceedings issued by ML or the Seller in any court by facsimile transmission, email or by prepaid post to the last address of the Buyer and/or the Bidder known to ML.

12. GST

(a) All monies payable to ML under these Terms are GST exclusive and if ML becomes liable for GST in respect of any supply made by ML under these Terms then the amount the Buyer must pay under these Terms is to be increased so that ML will receive an amount (the GST inclusive amount) which after subtracting the relevant amount of GST payable by ML will leave as the resulting amount an amount which is the same as the GST exclusive amount. That increase is to take place on the earlier of: (i)The date ML becomes liable for GST;

(ii)The date the relevant supply is made.

(b) If paragraph (a) above applies ML will give the Buyer a Tax Invoice.

(c) In addition to the Hammer Price GST will also be payable in respect of insurance, storage, transfer fees and other services supplied by ML or its nominated suppliers. Additionally, GST may also be payable in respect of some goods auctioned by ML. Whether or not those goods attract GST will be indicated in the sale catalogue and the amount the Buyer must pay for such goods will be increased so that ML will receive an amount (the GST inclusive amount) which after subtracting the relevant amount of GST payable by the Seller will leave as the resulting amount an amount which is the same as the Hammer Price (the GST exclusive amount).

(d) The Buyer’s Premium plus GST on the Buyer’s Premium will be added to and constitute part of the Hammer Price.

13. BUYER’S PREMIUM. A Buyer’s Premium on each Lot at the rate of sixteen point five percent (16.5%) plus GST of the Hammer Price is payable on the Due Date by the Buyer to ML in addition to the Hammer Price.

14. FIREARM TRANSFER FEES. A fee of $30 per registered firearm plus GST is due and payable on the Due Date by the Buyer to ML in respect of a transfer from ML to a dealer or other firearm licence holder nominated by the Buyer.

15. STORAGE CHARGE. In addition to the Purchase Price, ML may in its absolute discretion impose on any Lot not collected within 28 days of the Due Date a Storage Charge of not less than $25.00 per Lot per month plus GST, and if such Storage Charge is imposed, it shall be deemed to be a Buyer’s Expense.

16. INSURANCE. ML shall charge the Buyer, and the Buyer shall pay, a transit insurance fee at the rate of 1.5% plus GST of the Hammer Price of the Lot.

17. DATA PROTECTION: ML may use both the Seller’s and the Buyer’s personal data to notify those parties about changes to ML’s services, or to provide information about upcoming auctions or events which ML considers may be of interest to those parties. ML will not disclose your data to any third party. Each of the Seller and the Buyer has the right to request ML not to use their personal information for these purposes by contacting ML directly.

18. FORGERIES AND DISPUTES:

(a) The Buyer must examine the Lot purchased immediately upon receipt. In the event the Buyer disputes the authenticity of a Lot (namely, that it is a Forgery or has a material defect not disclosed in the published description prior to the relevant auction) following the sale of a Lot ML, only upon receipt of a written notice of the facts within 28 days from the Due Date, will investigate the claim and may in its sole discretion either rescind the sale or refund the Purchase Price provided that:

(b) the Lot is returned at the Buyer’s cost within 28 days from the Due Date in the same condition as at the time of the sale; and

(c) a written statement as proof of the basis of the dispute is provided to ML from an expert authority recognized by ML and the Buyer demonstrates to the reasonable satisfaction of ML that:

(i) The general opinion of scholars and experts, at the time of the sale, would have indicated that the Lot was a deliberate Forgery or exhibits some other material defect not disclosed prior to the relevant auction; or

(ii) Scientific processes in existence at the time of the sale would have established that the Lot was a deliberate Forgery or would have exhibited some other material defect.

(d) The benefit of these Terms is not assignable.

19. LIMIT OF RESTITUTION:

(a) Under no circumstances will ML be responsible to a Buyer for any lost profits, lost opportunity or any other financial or pecuniary loss or damages.

(b) ML will not be responsible for shipping costs, after auction appraisal fees, testing or any other post-auction costs fees or expenses. If it is agreed that a Lot may be returned, it is the Buyer’s responsibility to return it in the same condition as received, at the Buyer’s sole cost and expense. ML’s return address is: P.O. Box 7150, Brighton VIC 3186, Australia.

20. FIREARM CONDITION: The Bidder acknowledges and agrees that in the case of a firearm comprising a Lot, where an action and barrel condition is listed as a particular (e.g. good etc.) working order or condition, this applies to the mechanical working system only. The Bidder acknowledges that ML does not carry out any testing or test fire rounds to verify the condition of a firearm.

2025 Military Lane