These Terms govern all dealings with Langton's concerning its Auctions and Exchange and are binding on Sellers and Buyers. Langton's recommends that you consider all the information provided about what Langton's is and how it does business then carefully read these Terms before dealing with Langton's as a Seller, Buyer or Member to ensure you understand the basis on which you are dealing with Langton's. If you have any queries you should contact Langton's to discuss them. These Terms will be updated from time to time by Langton's and a copy posted to Langton's website. Copies can be obtained from the website or from Langton's upon request.

"Auction"

means the sale of Goods by Langton's under the hammer by Live Auction or on the World Wide Web using its website.

"Exchange"

means the sale of Goods by Langton's at a fixed price using it website.

"Buyer"

means a party buying Goods from Langton's through Langton's wine Auctions and Exchange.

"Buyer's Premium"

means the amount paid by the Buyer to Langton's on the purchase of wine through Langton's, being a set percentage of 15% (GST inclusive).

"Catalogue"

means a catalogue prepared by Langton's detailing wine to be sold at Auction and on the Exchange.

"Commission"

means the amount paid by the Seller to Langton's on the sale of wine through Langton's. The Commission includes the cost of insuring the Goods whilst they are in Langton's' possession. No Commission is payable on unsold wine. Please contact Langton's for rates.

"Confidential Information"

means information that Langton's obtains about Sellers, Buyers and Members including names, addresses, telephone and fax numbers, email addresses, reserves and dealings with Langton's.

"Goods"

means goods including wine offered for sale by Sellers through Langton's for purchase by Buyers.

"GST"

means the Goods and Services Tax as defined in clause 13.

"Langton's"

means Langtons Pty Ltd (ACN 133 179 656, ABN 13 133 179 656) trading as Langtons Wine Auctions & Exchange.

"Lot"

means any Goods deposited with Langton's with a view to its sale at Auction; in particular, the item or items described against any lot number in any Catalogue.

"Member"

means a party who is a member of Langton's in accordance with clause 4.

"Hammer Price"

means the price successfully bid for and to be paid by the Buyer for a Lot sold at Auction.

"Exchange Price"

means the price per case at which wine is for sale on Langton's Exchange.

"Purchase or Sale Price"

means the "Hammer Price" or "Exchange Price" plus the "Buyer's Premium".

"Reserves"

means the Seller (at Langton's absolute descretion) may place a reserve on goods. Langton's will assist the seller in setting a reserve. Reserves are confidential and not published.

"Seller"

means a party selling Goods through Langton's wine Auctions and Exchange.

"Services"

means any services offered by Langton's to Seller and Buyer including the sale and purchase of Goods at Auction and on the Exchange.

"Terms"

means these terms and conditions as amended from time to time.

"Website"

means the Langton's website at www.langtons.com.au as amended from time to time.

Langton's operates a fine wine Auction and Exchange business as detailed on its website. Langton's sells Goods at Auction and on its Exchange on behalf of Sellers. Langton's acts as an agent for Sellers. Langton's shall not be responsible for any default by the Seller or the Buyer. Langton's evaluates Goods based on its experience and expertise. Langton's may, at its absolute discretion, refuse admission to its premises, attendance at its Live Auctions, membership on its website, listing on its Auctions or Exchange, or participation in any sale by any person.

A Member is a party who has joined Langton's Services and paid the appropriate membership fee set by Langton's. The membership fee is advertised on Langton's website and varies according to the type of membership the Member chooses.

A Member is entitled to full access to Langton's website; the right to bid and buy at all Langton's Auctions and Exchange; access to and use of a personalised online account at My Account; and to receive printed copies by post of Langton's catalogues if this is the chosen membership.

Members must provide accurate up-to-date information to Langton's. Members have an account set up with Langton's and are provided with member identification and password. Members must keep this confidential for security purposes and notify Langton's immediately of any breach of security or unauthorised use of their member identification and password.

Member rights are personal and cannot be transferred to another party.

A Seller is a party who uses Langton's Services to sell Goods on their behalf for the payment of the Commission. Langton's can provide a preliminary estimate of the value of Goods from a list provided by the Seller. Langton's retains the right to refuse to deal with Goods that it considers inappropriate to sell.

If Langton's agrees to accept Goods for sale they must be delivered by the Seller to Langton's at least 30 days prior to Auction or sale on the Exchange. Langton's will issue a receipt for the Goods to the Seller promptly upon their receipt at Langton's business premises. Langton's will assess the Goods and provide a report on them to the Seller detailing any faults (if any) detected by Langton's. This information will be included in the wine's description in the Catalogue.

Placing Goods with Langton's is an irrevocable offer to sell those Goods save that Goods can be withdrawn from sale (at Langton's sole discretion) at no cost to the Seller at any time prior to the finalisation of the Catalogue. The Seller (at Langton's absolute discretion) may place a reserve on Goods. Langton's will assist the Seller in setting a reserve.

All Goods provided to Langton's are insured as part of the Commission. The Seller may effect their own insurance and provide details to Langton's or (if arrangements are made with Langton's) Langton's will take out insurance (at the Seller's cost) for the Goods.

Goods held by Langton's will be held at the Seller's risk until returned to the Seller or paid for by the Buyer save that any damage to the Goods caused by Langton's shall be the responsibility of Langton's and Langton's shall pay the Seller the Hammer or Exchange Price or (if not sold) the value of the Goods as determined by Langton's in its sole discretion.

Goods held by Langton's will be held at the Buyer's risk upon payment for the Goods by the Buyer until forwarded to the Buyer save that any damage to the Goods caused by Langton's shall be the responsibility of Langton's and Langton's shall pay the Buyer the Hammer or Exchange Price of the Goods.

Save as set out in this clause and clauses 18 and 19 Langton's shall not be responsible to Seller or Buyer for any other loss, damage, action, cost or expense in respect to the Goods.

Prior to bidding at an Auction or buying on the Exchange the Buyer must ensure they have provided all necessary information to Langton's by completing in full the Join Today section of Langton's website including payment of the membership fee.

The Buyer hereby warrants to Langton's that he/she is of age (18 or over) and has the legal capacity and ability to purchase alcoholic beverages. The Buyer further warrants that he/she can make a legally binding contract with Langton's to purchase Goods and services.

Langton's will promptly deliver a Tax Invoice for Goods sold at Auction or on the Exchange to the Buyer. At Auction the Buyer must pay for Goods within 14 days of the receipt of the Tax Invoice. All Goods purchased by the Buyer on the Exchange are paid for by designated credit card at the point of sale.

Invoices for the sale of Goods at Auction are to be paid in full by cash or by bank cheque, direct debit, BPay or designated credit cards. Private cheques are acceptable but purchases will not be released until cheques have been cleared.

Goods purchased at Auction can be collected from Langton's by the Buyer after payment of the Purchase or Sale Price and associated costs have been made to Langton's and funds cleared. All Goods must be taken from Langton's premises by the Buyer within 21 days of the Auction.

If the Buyer does not pay for and or take the Goods purchased within 30 days of the Auction then Langton's may cancel the sale and re-sell the Goods. All costs incurred by Langton's in respect to such a re-sale shall be paid by the Buyer.

The Buyer may effect their own insurance and provide details to Langton's or (if arrangements are made with Langton's) Langton's will take out insurance (at the Buyer's cost) for the Goods.

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

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

All Bordeaux listed in a Catalogue are Chateau bottled unless otherwise stated. Langton's cannot readily ascertain how well Goods have been cellared. Goods are described as accurately as can be ascertained by Langton's at the time, but Buyers of older wine must make appropriate allowances for natural variations of ullage and the condition of corks and labels.

Langton's has made every effort to describe any bottle that is not in excellent condition. Each Lot is sold by the Seller 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 Langton's nor the Seller shall be accountable for any deficiency, damage or loss which may arise thereafter. Langton's disclaims any responsibility for all typographical errors or descriptions of Goods in Catalogues and any other Langton's material.

Next to each Lot in the Catalogue will be a price estimate. This is an estimate by Langton's of the value of the Lot based upon recent sales. Should a wine in the sale not have a recent sale's history the price guide will represent Langton's best estimate of probable realisable value.

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

Sellers must accept Langton's' assessment of the Goods or withdraw the Goods from sale prior to finalisation of the relevant Catalogue.

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

The Seller in providing Goods to Langton's warrants to Langton's and any Buyer of those Goods that it is the owner of those Goods; it can and will give good title thereto; and that the Goods are sold free of any encumbrance, mortgage security or lien.

If you bid on a Lot you make an irrevocable offer to buy the Lot at the price bid. Bids received by Langton's will be processed by Langton's. Other than for a Live Auction the current highest bid for each Lot will be posted on Langton's website.

Bids must be received by the closing time on the closing day of the Auction as notified in the Catalogue. Bids for a Live Auction must be received two hours before the commencement of the Live Sale on the day of sale. All time is as specified, being Australian Eastern Standard Time (AEST) or Australian Eastern Daylight Time (AEDT), Sydney and Melbourne time.

Langton's has the right, at its absolute discretion, to refuse any bid and to advance the bidding as it may determine.

Langton's reserves the right to withdraw any Lot from sale or to combine any two or more lots at any time.

All bids and price estimates are per unit – for example per bottle, barrel, set, magnum, half bottle etc. All prices are in Australian dollars.

A Lot cannot be divided and the successful bidder must take the Lot as offered.

Langton's (using its AutoBid technology) processes and monitors all bids placed on its website. It only posts bids to the website when that bid is AUD$1 more than the next highest bidder. If a Buyer is outbid before the close of the bidding for a particular Lot then Langton's, using its AutoBid system, notifies the prospective Buyer(s) by email accordingly and offers the prospective Buyer(s) an opportunity to make another bid(s).

Langton's AutoBid technology ensures that, regardless of the maximum bid the Buyer bids on a given Lot, the Buyer pays only AUD$1 more than the next highest bidder. For example if the Buyer bids $AUD60 and the next highest bid is AUD$40 the Buyer pays only AUD$41.

For a Live Auction bidding increments are set by the auctioneer. At a Live Auction the highest bidder acceptable to the auctioneer at the Live Auction, and subject to any reserve, shall be the Buyer. If any dispute arises as to the last or best bidder, the Lot in dispute shall be put up again and resold.

A Seller is prohibited from placing bids or arranging to have bids placed on behalf of the Seller in respect to Goods that it offers for sale. A Seller can bid on any other Lots (not owned by it) in the Auction.

The final bid or Hammer Price means the price at which a Lot is knocked down to the Buyer, being the highest bid posted at the close of auction.

The Purchase or Sale Price payable by the Buyer shall be the final bid or Hammer Price, together with any impost chargeable on the final bid, being the Buyer's Premium (incl. GST).

For Live Auctions prospective Buyers are advised to attend the Auction. However, if so instructed, Langton's will execute bids ("Commission Bids") on behalf of Buyers, but neither Langton's nor its employees nor agents shall be liable for any neglect or default in so doing or for failure to do so.

If Langton's has received Commission Bids on a Lot for identical amounts and at Auction those Commission Bids are the highest bids for that Lot, the Lot shall be knocked down to the party whose Commission Bid (for the relevant amount) was received first by Langton's. Langton's does not make a specific charge for handling Commission Bids.

At Auction

Buyer: Payments by Buyers to Langton's must be made within 14 days of the close of the Auction at which the Lot was auctioned. The invoice value is determined by multiplying the number of bottles in the Lot by the price per bottle achieved. Langton's will send the Buyer a tax invoice for the amount – the Purchase or Sale Price (specifically Hammer Price plus Buyer's Premium) – that the Buyer owes.

If Langton's has to take action to recover monies from a Buyer then the Buyer agrees to pay all Langton's recovery costs (including legal costs on a full indemnity basis) and expenses.

Seller: Langton's deducts Commission from the Hammer Price of the Lot sold and remits the balance of the Hammer Price of the Lot sold to the Seller within 30 days of the Auction, subject to receiving payment for the Lot in cleared funds from the Buyer.

On the Exchange

Buyer: Payments to Langton's by Buyers, including Buyer's Premium, are made at the point of sale by designated credit card.

Seller: Langton's deducts Commission from the Exchange Price and remits the balance to the Seller on the first Tuesday of every month.

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 Langton's is liable to pay in respect of those goods or supply.

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

From the introduction of the GST in Australia on July 1, 2000 Langton's have adjusted the Seller's Commission and Buyer's Premium to include the new GST of 10%. Langton's freight, insurance and cellarage charges also attract GST and all prices quoted are also GST inclusive.

The application of the GST can be summarised as follows:

Trade Seller (GST registered)

GST is included in the Hammer and/or Exchange Price. Commission, Buyer's Premium, freight & insurance will also attract GST. The Seller 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.

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

On completion of a sale, Langton's 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 Trade Seller. This should be remitted by the Trade Seller (with a GST return) to the Australian Taxation Office.

Trade Buyer (GST registered)

The Hammer and/or Exchange Price is inclusive of GST. GST registered Trade Buyers can claim the GST input credits for all purchases. Commission, Buyer's Premium, freight & insurance also attract GST. Trade Buyers can claim input credits on the GST applicable to our fees.

Langton's wine listings cater for GST registered Trade Buyers. GST claimable wines are specifically noted with a GST icon in our Auction and Exchange listings. Langton's online search engine (available at Search/Advanced Search on our website) provides a list of all GST claimable wines on sale at Auction.

Private Seller

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

Private Buyer

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

Subject to payment, Goods purchased must be picked up by the Buyer from Langton's as soon as possible after sale. Purchases can be picked up from the city of sale only during office hours 9am to 5pm Monday to Friday. Langton's must be given 24 hours notice of intent to pick up the Goods. Buyers must advise Langton's of any delay in collecting the Goods.

Langton's can ship your wine anywhere in Australia for AUD$16.50 (incl. GST) per carton. We pack in custom-made three-ply cardboard cartons that hold nine litres per carton. This is the equivalent of 12 bottles, 6 magnums, 6 Para Port or 24 half bottles per carton. Large format bottles are packed one to a carton. Our shipping charge includes all packaging materials. Allow up to 21 days from the payment of your invoice for your wine to be delivered.

Wherever possible during periods of excessive heat we will hold your shipments. However, during periods of hot weather, on your authorisation, we can arrange dispatch. While every effort will be made to ensure prompt delivery without compromising the condition of the wine, please be advised that Langton’s insurance does not cover heat damage.

International clients need to contact Langton's to make shipping and insurance arrangements. We can obtain a quote on your behalf from preferred shipping brokers for wine purchases to be delivered to an overseas address. Alternatively, we can store your wine for a limited period.

Langton's recommends that you always insure your wine purchases. The benefit of insuring with Langton's is that we refund any loss or breakage automatically, upon proof of loss or damage. Please note that heat damage is not covered by our insurance during shipment.

Insurance can be arranged for wine shipped within Australia at AUD$1.50 per AUD$100 value. Each shipment must be insured to its full value as stated on the invoice. The minimum charge is AUD$11 (incl. GST).

If the Seller does not own the Goods and or have clear title to the Goods and/or provides misleading and deceptive information about the Goods to Langton's then –

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

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

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

If a Buyer fails either to pay for or to take away any Goods within 30 days of the close of Auction, Langton's shall, without further notice to the Buyer and at its absolute discretion, and without prejudice to any other rights or remedies it may have, be entitled to exercise one or more of the following rights or remedies –

1. issue proceedings against the Buyer for the cost of the Goods, interest costs, expenses and damages for breach of contract;
2. rescind the sale of that or any other Lots sold to the Buyer at the same or any other Auction;
3. resell the Lot or cause it to be resold by public or private sale. Any deficiency in the Purchase Price resulting from such resale (after giving credit for payment) together with the full costs incurred in connection with the Lot, shall be paid to Langton's by the Buyer. Any surplus (if any) on the net resale Purchase or Sale Price over the net Purchase or Sale Price on the original Purchase or Sale Price shall be paid to the Seller;
4. to store the Lot or cause it to be stored, whether at its own premises or elsewhere, at the sole expense of the Buyer and to release the Lot only after payment in full of the Purchase or Sale Price, the accrued cost of removal, storage and insurance and all other costs incurred in connection with the Lot;
5. to charge interest on the purchase price at the rate of 2% above the Macquarie Bank base rate to the extent that it remains unpaid for more than thirty days from date of sale;
6. to retain that or any other Lot sold to the Buyer at the same or any other Auction and release the same only after payment of the Purchase or Sale Price; and
7. to apply any proceeds of sale of any Lot then due or at any time thereafter becoming due to the Buyer towards settlement of the Purchase or Sale Price and expenses and Langton's shall be entitled to a lien on any property of the Buyer which is in Langton's' possession until all monies owing to Langton's by the Buyer have been paid in full.

If Langton's considers that a Member has breached the terms of these Terms, without further notice to the Member and at its absolute discretion, it may immediately suspend his/her membership rights including the right to bid at Auctions or buy from the Exchange.

Subject to the provisions of clause 19, neither Seller nor Langton's, its employees or agents shall be responsible for the correctness of any statement as to authorship, origin, date, age, attribution or provenance of any Goods, nor for any other errors of description or for any faults or defects in any Goods and no warranty whatsoever is given by the Seller or Langton's, its employees or agents in respect of any Goods.

The only conditions and warranties which are binding on Langton's in respect of the state, quality or condition of the Goods and Services supplied by it to Seller and Buyer and/or in respect of advice, recommendation(s), information or services supplied by Langton's, its employees, servants or agents to the Seller or the Buyer regarding the Goods and Services, are those imposed and required to be binding by statute (including the Trade Practices Act 1974) and to the fullest extent permitted thereby the liability (if any) of Langton's arising from the breach of such conditions or warranties shall, at Langton's' option, be limited to and completely discharged in the case of the Goods by either (at Langton's' sole option) the payment by Langton's of the value of the Goods as determined by Langton's in its sole discretion or the replacement by Langton's of the Goods and in the case of advice, recommendation(s), information or services by the supplying by Langton's of the advice, recommendation(s), information or services again and otherwise all other conditions and warranties whether express or implied by law in respect of the state, quality or condition of the said Goods which may apart from this clause be binding on Langton's, are hereby expressly excluded and negatived.

Except to the extent provided in this Clause 18, Langton's shall have no liability (including liability in negligence) to any person for any loss or damage consequential or otherwise howsoever suffered or incurred by any such person in relation to the Goods and/or advice, recommendation(s), information or services and without limiting the generality thereof in particular any loss or damage consequential or otherwise howsoever suffered or incurred by any such person caused by or resulting directly or indirectly from any failure, defect or deficiency of whatsoever nature or kind of or in the Goods and/or advice, recommendation(s), information or services and without limiting the generality thereof in particular any loss or damage consequential or otherwise howsoever suffered or incurred by any such person caused by or resulting directly or indirectly from any failure, defect or deficiency of whatsoever nature or kind of or in the Goods and/or advice, recommendation(s), information or services.

If within twenty-eight days of the date of the Auction and at Langton's sole discretion –

1. Langton's receives notice in writing from the Buyer of any Lot that in his/her view the Lot was at the time of the sale short or ullaged and that the Lot was not so described in the Catalogue of sale; and
2. Within fourteen days of such notice, Langton's has the Lot in its possession in the same condition (as determined by Langton's) as at the date of the Auction; and
3. Within a reasonable time thereafter, and only on the grounds described in this Clause 19 at (1) above, the Buyer satisfies Langton's that the Lot was defective as notified in writing by the Buyer and the Buyer is able to transfer a good and marketable title to the Lot free from any liens or encumbrances (and the Seller shall accept any decision by Langton's as final), Langton's, at its sole discretion, will set aside the sale and refund to the Buyer the amount paid by the Buyer in respect of the Lot.
4. The Buyer shall not be entitled to claim under this condition for more than the amount paid by him/her for the Lot and in particular shall have no claim for any loss, consequential loss or damage whether direct or indirect suffered by him/her.
5. The benefit of the undertaking provided by Langton's in this Clause 19 is personal to the Buyer (being the party to whom the Tax Invoice for the Lot was issued by Langton's) and shall not be assignable.
6. In respect of any and all other claims against a Lot, except as described in this Clause 19 at (1) above, the Buyer undertakes all purchases caveat emptor.

All Langton's clients use its services at their own risk. Langton's uses its best endeavours to ensure the supply of its services are of the highest standard. However the supply of these services, including any fault of these services, whether the services are deemed to be in the control of Langton's or a third party acting for Langton's, are not guaranteed by Langton's.

Langton's, like all online businesses, is dependant on third parties for the guarantee of its infrastructure and services. Notwithstanding, Langton's will use its best endeavours to ensure the availability and accuracy of its services including its website but makes no warranty that continuous access or accuracy can or will be available at all times.

Likewise Langton's members and the users of its services more generally are dependant on their chosen third party IT service suppliers (ISP, operating system, computer hardware etc.) for the quality, effectiveness and fault of their use of Langton's services.

Consequently, should Langton's services become unavailable or faulty, for whatever reason, while every effort will be made to rectify the services under Langton's control and the services controlled by Langton's third party suppliers in a timely manner, and all due care taken, Langton's takes no responsibility for any losses or inaccuracy incurred by its members including as a result of being unable to bid at auction or access our website.

Should a situation arise which prevents any of Langton's members bidding in an auction, at its sole discretion, Langton's will continue the auction beyond its advertised closing and close it at a time and date between at least 24 hours and no more than 7 days after the original closing time and date. Should Langton's, at its sole discretion, decide to postpone the closing time and date of an auction it will notify its customers by email of such arrangements.

When you trade with Langton's you agree to do so subject to the terms of Langton's Privacy Policy. Our Privacy Policy forms part of Langton's Terms and Conditions of trading. It is available separately and can be read by clicking Privacy located on the bottom margin of our website (adjacent to Terms & Conditions).

These Terms and any contract including them shall be governed by the laws of the State of Victoria.

1. All communications shall be by notice in writing and sent to Langton's and the Seller or Buyer at their addresses, facsimile numbers and email addresses as advised from time to time. A notice shall be deemed received when the sender hand delivers it or (if by fax or email) the receiver receives confirmation of receipt and in any event within 24 hours of sending the notice.
2. These Terms and the accompanying Privacy Policy constitute the entire agreement between Langton's and the Seller or the Buyer relating to the Goods and Services and there are no agreements, understandings, warranties or representations between the parties other than those contained herein.
3. No waiver or failure or delay to act by Langton's in respect to any default on the part of Buyer or Seller in the performance of these terms and conditions shall prevent actioning that or any other default by the Seller or Buyer.
4. The singular shall include the plural and vice versa, words importing any gender shall include every other gender, and where there is more than one party comprising Seller or Buyer, they shall be bound jointly and severally.