CONDITIONS OF SALE BY AUCTION

DEFINITIONS

“Auctioneer” means Regent Realty Ltd, trading as Harcourts Hawke’s Bay, and any authorised Auctioneer conducting the auction.

“HBWA” means the Hawke’s Bay Wine Auction Charitable Trust, acting solely as organiser of the event and facilitator of the auction.

“Supplier” means the donating winery, producer, artist, business, or other party supplying the lot purchased by the Buyer.

“Buyer” means the successful bidder for a lot upon the fall of the hammer.

“Future Lot” means any lot not yet blended, bottled, produced, completed, released, or available for immediate delivery at the time of sale.

BIDDING & REGISTRATION

1. Any person wanting to bid must have registered, via the Hawke’s Bay Wine Auction or The Wine Auction Room websites, and have received a bidder number.
2. All registered bidders must agree to the Hawke’s Bay Wine Auction Conditions of Sale by Auction.
3. Bidder registrations are accepted:

• Prior to 4pm Friday 11^th September 2026, if registering online via the Hawke’s Bay Wine Auction website for in-room bidding or phone bidding
• Between 12.30-2.00pm on Saturday 12^th September 2026, if registering in person at the Hawke’s Bay Wine Auction for in-room bidding

4. Phone bidding is by prior arrangement only. Please call Samantha Kershaw, 021 031 8957 to make the arrangements. NOTE: There are limited numbers of phone bidders that can be accommodated.

ONLINE & ABSENTEE BIDDING

5. Online and absentee bidding is available via The Wine Auction Room.
6. Registrations open 30^th August 2026 at 9:00am through www.wineauctionroom.com
7. All online and absentee bidders must agree to The Wine Auction Room Terms & Conditions.
8. Absentee bids must be submitted at least 24 hours prior to the Auction.
9. If The Wine Auction Room receives identical absentee bids on a lot, and at the auction these are the highest bids on that lot, then the lot will be sold to the person whose absentee bid was received and accepted first.
10. Execution of absentee bids is a free service undertaken subject to other commitments at the time of the sale and The Hawke’s Bay Wine Auction and The Wine Auction Room do not accept liability for failing to execute an absentee bid or for errors or omissions which may arise.
11. Unlimited bids from absentee bidders will not be accepted.
12. The Hawke’s Bay Wine Auction and The Wine Auction Room accept no responsibility for any errors, failure to execute bids or any other miscommunications regarding the online bidding process.

ROLE OF PARTIES

13. HBWA acts solely as organiser of the Hawke’s Bay Wine Auction and facilitator of the auction process.
14. Harcourts acts solely as Auctioneer.
15. The Supplier of each lot is the party identified in the relevant lot description or otherwise disclosed at the auction.
16. The contract for supply of each lot is between the Buyer and the Supplier.
17. Neither HBWA nor the Auctioneer is the supplier of any lot and neither accepts responsibility for production, manufacture, blending, bottling, storage, delivery, quality, loss, damage, delay, or non-delivery of any lot.

BIDDING PROCEDURE

18. The Auctioneer has the right to refuse any bid. Should any dispute arise then, at the Auctioneer’s discretion, the lot may be put up for sale again at the preceding bid or the Auctioneer may declare the purchaser.
19. Priority will be given to in-room bids.
20. All bids shall be at a per lot price.
21. Before commencement of the bidding for any lot, the Auctioneer will announce if the seller has set a reserve price. The reserve price, if any, shall not be disclosed to bidders.
22. No person shall advance less at a bid than the sum nominated by the Auctioneer and no bid shall be retracted after the fall of the hammer.

SALE FINALISATION

23. The highest bidder, subject to any reserve price, will be the purchaser on the ‘hammer price’.
24. On the fall of the hammer the highest bidder has entered into an unconditional contract to purchase the relevant lot from the Supplier and shall immediately, upon the conclusion of the Auction, pay the full hammer price.
25. On the fall of the hammer, full payment is due immediately unless otherwise arranged. Payments can be made by EFTPOS, Visa, or Mastercard. Invoices may be issued or direct bank transfer authorised at the discretion of the HBWA General Manager. Invoices will be issued for successful online or absentee bidders within 48 hours of the auction.

RISK AND OWNERSHIP

26. Risk and responsibility for all lots remains with the Supplier until delivery to, or collection by, the Buyer (or the Buyer’s agent).
27. Title and ownership in any lot passes from the Supplier to the Buyer upon physical delivery to, or collection by, the Buyer (or the Buyer’s agent), unless otherwise agreed directly between the Supplier and Buyer.
28. For Future Lots, including wine not yet blended, bottled, produced, or released at the time of sale, all production, storage, insurance, and delivery risk remains solely with the Supplier until the wine is physically delivered to, or collected by, the Buyer.
29. Neither HBWA nor the Auctioneer accepts any liability whatsoever in relation to: the production, manufacture, blending, bottling, condition, quality, storage, transport, delivery, non-delivery, loss, or damage of any lot supplied at the auction.

FUTURE LOTS

30. Buyers acknowledge that certain lots may not yet be blended, bottled, produced, released, or available for immediate delivery at the time of auction.
31. Delivery timeframes provided in relation to Future Lots are estimates only and may be subject to change due to vintage conditions, production requirements, supply chain constraints, natural events, or other circumstances beyond the Supplier’s control.

LOT INFORMATION

32. Unless specifically noted in the lot description, barrel lots do not include the barrel.
33. All barrel formats (octo, quarter, half, full), when bottled, will be labelled with a Hawke’s Bay Wine Auction label, fulfilling legal requirements for labelling. In some instances, it may be the producer’s label.
34. Barrel formats may be bottled in magnums only by prior permission of the winemaker. In some instances, there may be additional costs for bottling to magnums.
35. Any delivery costs are at the buyer’s expense. Additional storage and delivery charges may be issued for wine not uplifted within the timeframe requested by the Supplier and for which no sufficient delivery instructions have been given.

OTHER PROVISIONS

36. All individual and syndicate bidders must be 18 years or older as of 12 September 2026. A valid ID may be required upon collection.
37. The purchaser shall not be entitled to reproduce any work.
38. No intellectual property in any goods sold shall pass to the Purchaser.
39. No goods are to be removed while the auction/selling is in progress.
40. HBWA is not responsible at any time for the production, condition, storage, insurance, transport, or delivery of any lot.
41. Except as required by New Zealand law, neither HBWA nor the Auctioneer provides any representation or warranty regarding any lot offered for sale.
42. All winning bids at the Hawke’s Bay Wine Auction are considered purchases, not donations, under New Zealand tax law. While successful bidders will receive an invoice/receipt for their purchase, a donation receipt cannot be issued. HBWA acts solely as agent for the Supplier in facilitating the transaction and collecting payment.
43. Neither HBWA nor the Auctioneer shall be liable for any delay, loss, damage, or failure relating to a lot caused by natural disaster, fire, flood, earthquake, pandemic, governmental action, supply chain disruption, or any other event beyond reasonable control.
44. No representation is made regarding future market value, collectability, investment potential, or resale value of any lot.
45. Lot descriptions are provided in good faith based on information supplied by the Supplier. HBWA and the Auctioneer accept no responsibility for inaccuracies or omissions.
46. Nothing in these Conditions prevents HBWA, at its sole discretion and without obligation, from assisting Buyers and Suppliers in resolving disputes or facilitating alternative arrangements.