TERMS & CONDITIONS OF SALE BY ONLINE AUCTION
1. The terms and conditions set out in this document set out your obligations when participating in and bidding at Auction. It also sets out our obligations to you. By participating in the Auction and placing a bid you are taken to have agreed to these terms and conditions.
2. Bidders must register by providing name, address, email, phone number and valid credit card. A registration fee may be required. By registering online, the Bidder acknowledges and agrees to these Terms & Conditions of Sale. If your account is disabled by us then you may not re-register.
3. We use the Auction Flex/HiBid online auction software system (HiBid). If you choose to bid online you also agree to be bound by the HiBid terms and conditions (a copy of which can be found in the "Terms of Use" and "Bidder User Terms" on our website). To the extent there is any inconsistency between the terms and conditions the laws of Australia will prevail.
4. The highest Bidder will be the Purchaser unless otherwise determined by the Auctioneer. Bidders are unable to retract bids. This includes Autobids which cannot be altered or withdrawn once placed. Where a bid or Autobid is placed for an amount equal to an existing bid then the existing bid will take precedence.
5. When you make a bid you are offering to buy the item you bid on at the price you bid and pay any applicable additional charges, fees and taxes.
6. If at any time the cumulative value of your bids reaches an initial threshold of $40,000, then a deposit of 25% becomes immediately payable and will be charged to your credit card. If the cumulative value of your bids reaches a further threshold of $80,000, then a further deposit of an additional 15% becomes immediately payable and will be charged to your credit card. If the credit card charges are declined and you have not already made arrangements for payment with the Auctioneer, then all of your bids will be cancelled without notice. If you are not the winning bidder then your deposits will be refunded in full.
7. If you bid at an online auction using Autobid, you are responsible for monitoring the online auction in which you are participating and instructing Autobid with your bids.
8. Bids placed on the website can either be at one bid increment above the current bid amount or at a greater amount.
9. Each auction will have a set commencement and conclusion time, as well as a minimum starting price.
10. The auction closes at the end of the time specified for that lot and where there are no new successful bids in the closing time of the auction. This is typically the last 60 seconds of the sale but may vary from auction to auction and will be specified on the Lot Details page if there is any variation. If there are any successful bids on a particular lot within the hot time, the countdown timer will be reset. When an auction is live the Auction Detail page will refresh the current bid amount and estimated closing time every few seconds. Some variation in the "Closing time" will be experienced. This may due to your connection to our server and consequently we accept no responsibility for consequences resulting from this variation. We highly recommend not attempting to place a bid at the last second.
11. When an online auction in which you have participated closes and you are the Winning Bidder, we will attempt to notify you by email. However, you remain solely responsible for monitoring the status of any online auction in which you participate and non-receipt of a Winning Bidder (or any other) email from us will not reduce or release you from your obligation to complete the purchase of the auction sale item.
12. The Purchaser will be deemed to purchase as Principal unless providing written authority prior to the sale that he/she is bidding on behalf of a Principal.
13. Unless otherwise stated, the Purchaser acknowledges that GST of 10% will be added to the bid price on all sales.
14. The Purchaser also acknowledges that a buyer's premium will be charged on the bid price and GST will be added to the buyer's premium.
15. The Purchaser authorises their credit card to be charged (bid price plus applicable additional charges, taxes and fees) upon becoming the winning bidder. No goods may be removed until full payment is received.
16. If you refuse to pay or otherwise fail to complete the purchase of an item you will forfeit your deposit and we may bring a court action against you for the outstanding balance you owe us, including all charges, fees, taxes and reasonable costs of issuing proceedings and/or resell the item in any manner and you will be liable for any loss that arises by reason of the item being sold for less than the amount you bid.
17. All lots purchased must be paid for and removed by the date / time specified in the conditions of sale. No purchases may be removed until goods have been paid for, a "paid" invoice receipt obtained and a staff member marks off the goods as they are collected.
18. Removal of goods is at the expense and risk of the Purchaser. The Purchaser must make good any damage caused by such removal. Any electrical, gas or water disconnections must be carried out by qualified tradesmen. No claim will be considered once goods have left the premises.
19. Bidders and others entering auction premises do so at their own risk and acknowledge that the premises may contain dangerous machinery, chemicals or other items.
20. Purchasers must satisfy themselves by inspection or otherwise as to the nature and condition of lots offered for sale. No warranty is provided by the Auctioneer or Vendor nor is any responsibility accepted for the condition of the lots. Purchasers must satisfy themselves prior to bidding that the estimated quantities stated in the catalogue are accurate.
21. Purchasers acknowledge that before using equipment they will ensure such equipment complies with OH&S regulations and any other applicable State or Federal regulations.
22. The Auctioneer and the Vendor reserve the right to do the following without providing reason - cancel, extend or re-open the online auction for a period of time; nominate a minimum reserve price; amend a "start price" in order to correct a processing or technological error; withdraw any lots from the sale; offer part thereof of any lots; offer two or more lots for sale together as one lot; refuse any bid(s); refuse admission to or eject from the selling place any person(s); bid on behalf of the Vendor or other Purchaser; and in the event that any lot is not sold at auction offer to sell same thereafter by private treaty but otherwise subject to these conditions.
23. The Auctioneer is acting solely as Agent for the Vendor.
24. There are a number of consumer rights in the Australian Consumer Law which DO NOT apply to the sale of goods by auction that is conducted by an Agent of a Vendor. The following sections WILL NOT apply;
24.1 section 54, regarding acceptable quality;
24.2 section 55, regarding fitness for a disclosed purpose;
24.3 section 56, regarding the supply of goods by description;
24.4 section 57, regarding the supply of goods by way of sample;
24.5 section 58, regarding repairs and spare parts; and
24.6 section 59, regarding express warranties.
25. If you are purchasing a Motor Vehicle then you acknowledge and agree that:
25.1 you are purchasing the motor vehicle based upon the general description provided in the lot description. We do not test the motor vehicle to check its condition;
25.2 the motor vehicle may have damage or mechanical issues which have not been listed in any lot description;
25.3 any information we have provided in the lot description will have been obtained from the Vendor of the motor vehicle;
25.4 the motor vehicle has not been tested to ascertain if it functions according to manufacturer specifications and the accessories on the motor vehicle may vary from those originally supplied by the manufacturer;
25.5 you can inspect the motor vehicle during inspection times. You must not drive the motor vehicle during an inspection but you may start the motor vehicle;
25.6 purchasers must satisfy themselves prior to bidding as to the nature and condition of the motor vehicle;
25.7 no warranties are provided by the auctioneer as to the condition of the motor vehicle when purchased at auction and you agree to purchase any motor vehicle at auction on an "as is, where is" basis;
25.8 any purchase of a motor vehicle at auction is made without the usual statutory warranties, no cooling off period applies and no certificate of road worthiness will be provided;
25.9 you will be responsible for any fees which are payable to affect the transfer of ownership of the motor vehicle to you;
25.10 should you fail to collect the motor vehicle within the agreed time period, then you must pay us storage fees of $50 per day;
25.11 any storage fees due must be paid in full to us before the motor vehicle will be released for collection;
25.12 if you refuse to pay or collect your motor vehicle purchase within seven days after the auction, then it will be deemed that you have abandoned the motor vehicle and clause 16 as stated above will apply.