TERMS AND CONDITIONS OF SALE
Auctioneer means any person who conducts an auction by calling for
bids and declaring Lots sold.
Bidder means any person who bids for a Lot.
Bidders Registration Form means a name and address form to be obtained
from the Auctioneer and completed before auction commences.
Buyer means any person or party who successfully bids for a Lot.
Buyers Premium means an amount payable by a Buyer in addition to
the sale price calculated at a rate set by the Auctioneer, advertisements
or as displayed in the auction rooms.
Legislation means the Occupational Safety and Health Act (1984)
and the Occupational Safety and Health Regulations (1996).
Lot means any item or items marked as a lot or described as a lot
by the Auctioneer.
Plant and Equipment includes vehicles, machinery, mechanical, electrical
and electronic equipment, tools, fixtures, appliances, implements
and any component or fitting thereof or accessory thereto.
Seller means any person or party who sells a Lot.
Computer Hardware means the mechanical and electronic components
of a computer including monitor, keyboard and desktop or tower case.
Software" means the programs and other operating information
used by a computer.
2 PUBLIC LIABILITY
2.1 Persons attending the auction site, before, during or after
the auction do so solely at their own risk. The Auctioneer, his
or her agents, employees or principals shall not, in any way be
liable for any injury sustained to any persons or for any damage
to or loss of property howsoever caused.
2.2 All persons attending the auction site under the age of 16 years
are required to be in the care of and under the supervision of an
3.1 Prior to the auction each Bidder shall complete a Bidders Registration
3.2 Upon the request of the Auctioneer or his or her clerk, a Buyer
may be required to provide his or her full name and residential
3.3 A Buyer shall be deemed to purchase as a principal unless at
the time of sale or at the time of completing the Bidders Registration
Form the Buyer:
a) discloses to the Auctioneer that he will be bidding on behalf
of a principal and shall supply the full name and address of that
b) gives to the Auctioneer a copy of a written authority to bid
for and on behalf of that principal.
4 HIGHEST BIDDER DEEMED TO BE THE BUYER
4.1 Subject to any reserve price, the highest Bidder for each Lot
shall be the Buyer.
4.2 Subject to condition 5 below, the entry of the Buyer's name
in the record or book kept by the Auctioneer or his or her clerk
shall be binding upon the Buyer and such record or book, together
with these conditions, shall constitute the whole of the contract
between the Auctioneer and the Buyer and as between the Buyer and
5 DISPUTES AS TO BID
If a dispute arises as to any bid, the Auctioneer shall, at his
or her absolute discretion, either determine the dispute immediately
or resume the bidding at the last undisputed bid. In either case
the dispute must occur before the next Lot is offered for bids.
6 AUCTIONEER AND SELLERS RIGHTS
The Auctioneer and the Seller reserve the following rights which
may be exercised by the Auctioneer without giving any reason therefore:
a) Not to offer for sale any Lot or part of any Lot described in
b) To offer two or more of the Lots described in the catalogue as
separate Lots for sale together as one Lot;
c) Should such Lots referred to in b) not be sold to a successful
bidder, to offer such Lots as separate Lots;
d) To withdraw any Lot or Lots from sale;
e) To refuse to accept a bid or bids from any person or persons;
f) To refuse admission to or eject from the auction site any person
g) To refuse to accept any bid for a lot being less than a sum nominated
from time to time by the Auctioneer;
h) To keep secret the existence and amount of any reserve price
of a Lot prior to the close of bidding or withdrawal from sale of
i) In the event that any Buyer shall successfully bid for more than
one Lot at the auction
i) To appropriate any moneys received from that Buyer in satisfaction
or partial satisfaction of the purchase price due in respect of
any one or more of such Lots to the total or partial exclusion of
amounts due in respect of any other such Lot or Lots as the Auctioneer
shall see fit; and
ii) To elect at any time to treat each contract for the sale of
each Lot as independent of each other and default under any such
contract shall be default under any such contracts;
j) To bid on behalf of any prospective Buyer with or without disclosure;
k) In the event that any Lot is not sold at the auction to offer
to sell the same immediately after the auction by private sale but
otherwise subject to these conditions; and
l) To permit the Seller to make one or more bids for any Lot
7.1 On the fall of the hammer, the Auctioneer may require and the
Buyer shall pay to the Auctioneer or his or her clerk, by cash or
bank cheque, a deposit of 20% of the purchase price for the Lot
7.2 If a Buyer fails to pay the deposit the Auctioneer may put the
Lot up for bidding and resale and the defaulting Buyers bid shall
not be taken again at the resale.
7.3 If the resale price is lower than the price obtained on the
first sale the difference in price shall be an amount recoverable
by the Auctioneer and Seller as a debt due and payable by the Buyer.
8 FAULTS AND MISDESCRIPTION
8.1 A sale shall not be invalidated by reason of any fault or defect
in a Lot and the Buyer remains bound to take delivery without any
allowance or reduction in the purchase price.
8.2 A sale shall not be invalidated by reason of an error or misdescription
in the catalogue or elsewhere as the quantity, measurements, specifications
or quality of a Lot and the Buyer remains bound to take delivery
without any allowance or reduction in the purchase price.
8.3 The Auctioneer and the Seller make no warranties either express
or implied, other than those implied by Common Law or Statute the
exclusion of which would render this condition void or voidable
or which would constitute an offence by the Auctioneer or the Seller.
8.4 No warranty, either express or implied, is given by any verbal
affirmation made by the Auctioneer.
8.5 The Auctioneer or Seller is not liable to pay compensation to
a Buyer for any fault or defect in a Lot or for any error or misdescription
or for any missing part or quantity.
8.6 Bidders must satisfy themselves by inspection or otherwise as
to the nature and authenticity of a Lot and accept the same with
all faults, latent or patent.
9 LOTS AT BUYERS RISK
9.1 From the fall of the hammer each Lot is at the Buyers risk.
The Auctioneer and the Seller shall not be accountable for any deficiency,
damage or loss, which may occur thereafter.
10 REMOVAL OF LOTS
10.1 At the Buyer's own cost, the Buyer shall remove the Lot within
the time frame specified by the Auctioneer or by no later than 4pm
on the next business day following the sale whichever is the earlier.
10.2 The Buyer shall not remove a Lot during an auction.
10.3 The Buyer is fully responsible for the expense and risk of
the removal of a Lot and for any damage to property or injury to
persons caused by themselves, their agents or employees which occurs
during the removal of a Lot.
10.4 Any part of a Lot which a Buyer does not remove within the
time frame specified in 10.1 may be thereafter removed by some person,
firm or company engaged by the Auctioneer and stored at the auction
site or elsewhere, at the discretion of the Auctioneer. Such removal
and storage shall be deemed to be made at the request of the Buyer
and all costs incurred by the Auctioneer shall be recoverable by
the Auctioneer and the Seller as a debt due and payable by the Buyer.
10.5 The disconnection of any gas or electrical services from any
piece of Plant or Equipment carried out during the removal of a
Lot must be performed by a competent and qualified tradesperson.
11 PAYMENT FOR LOTS
11.1 Prior to the end of the auction or any time thereafter specified
by the Auctioneer, the buyer shall pay to the Auctioneer the full
purchase price for the Lot including any applicable sales tax, any
other government tax or any Buyer's Premium.
11.2 The purchase price and any part thereof, shall be paid by cash
or bank cheque.
11.3 Any balance of the purchase price shall be paid by the Buyer
to the Auctioneer within the time period required in these conditions
to take delivery of the Lot and the Buyer shall not be entitled
to require the delivery of the Lot until the purchase price has
been paid in full.
11.4 The Auctioneer and the Seller reserve the right to restrict
access to the Lot prior to the Lot being paid for in full.
11.5 Title to the Lot shall not pass to the Buyer until all cheques
are cleared by the Auctioneer's Bank.
12 BUYERS DEFAULT
12.1 If the Buyer fails to comply with any of the above terms the
deposit or any monies paid shall be forfeited without notice to
the Buyer, to the Auctioneer and the Lot in respect of which the
default has been made may be resold by public or private sale or
disposed of if no longer of commercial value.
12.2 The defaulting Buyer shall pay all the expenses arising from
the default including the cost of any removal, warehousing, advertising,
commission and resale of the Lot. This amount may be recovered by
the Auctioneer or Seller as a debt due and payable by the Buyer.
12.3 If the price obtained on the resale is lower than the price
obtained at the original sale, the difference in price may be recovered
by the Auctioneer or Seller as a debt due and payable by the Buyer.
12.4 Without limiting the generality of the foregoing the Auctioneer
is entitled to recover from the Buyer;
a) a sum for expenses and charges incurred by the Auctioneer in
connection with or incidental to the auction and in respect of any
b) the amount of any applicable commission or Buyer's Premium;
c) any applicable sales tax or any other government tax or fee relating
to or arising from the sale of the Lot or part thereof.
13 OCCUPATIONAL SAFETY AND HEALTH OBLIGATIONS
13.1 The Legislation imposes obligations, such as providing and
maintaining a safe work environment and preventing exposure to and
protection from hazards, on persons who use or operate plant in
a workplace and on employers whose employees use or operate plant.
If the Buyer intends to use plant purchased at this auction at a
workplace then it is the responsibility of the Buyer to inform themselves
of these obligations.
13.2 Unless otherwise stated, the plant sold at this auction has
not be assessed or inspected by a competent person and it may or
may not be affected by faults or defects, which make it unsafe for
use. It is the responsibility of the Buyer to ensure assessment
and inspection by a competent person.
13.3 The Buyer is warned that items not previously assessed or inspected
by a competent person may be suitable for scrap or spare parts only.
13.4 The Legislation requires that owners of plant maintain safety
and health information and records. The Auctioneer will pass on
to the Buyer all information made available to them by the owner
but the Auctioneer does not warrant that the information and records
are complete. It is the responsibility of the Buyer to familiarise
themselves with all relevant information and records.
14.1Unless specifically provided, any sale of computer equipment
at this auction is intended to be the sale of Computer Hardware
14.2 If the sale of any computer equipment includes Software, the
Software may be the subject of a Software License Agreement. A copy
of this agreement may be obtained from the Software manufacturer
or the Seller.
14.3 If the Software is not capable of being assigned with the Computer
Hardware, the Buyer acknowledges that any use of the Software may
be a breach of the Software license agreement.
14.4 If the Software is capable of being assigned with the Computer
Hardware, the Buyer acknowledges that they are bound by the terms
and conditions of the Software license agreement and that such conditions
may restrict the use of the Software.
15 TIME TO BE THE ESSENCE
Time shall be of the essence in the sale of any Lot and in the performance
of the above terms and conditions.
TERMS ARE STRICTLY CASH OR BANK CHEQUE BEFORE DELIVERY.
ALL ACCOUNTS PAYABLE IMMEDIATELY AFTER SALE.