Terms and Conditions of Auction Sale
1. Subject to the Vendor having the right to bid, the highest bidder shall be the purchaser, and in the event of any dispute arising, the lot shall be put up again and the Auctioneers decision shall be final.
2. Unless otherwise specifically stated by the Auctioneer, each bid shall be at least twenty five percent in advance of the previous one, no party will be allowed to retract his or her bid after once taken.
3. The Auctioneer reserves the right to accept or refuse any bids without having to state any reasons therefore.
4. On the fall of the hammer, the purchaser shall give his or her name and place of abode and shall (if so required), immediately pay down twenty cents in the dollar in part payment of the purchase money and or complete the Memorandum of purchase from in default the lot or lots so purchased may at the Auctioneers absolute discretion be immediately put up again and resold.
5. The Purchaser shall be deemed to be the Principal unless prior to the sale he has disclosed to the Company that he will be bidding on behalf of a Principal whose name and address shall be disclosed to the Auctioneers.
6. The Purchaser and the Vendor authorise the Auctioneer and or the Auctioneers clerk to sign on their behalf the sale book which with these conditions shall accept as otherwise provided by the State or Federal Law, constitute the whole contract between the Vendor and Purchaser to the exclusion of everything else.
7. On the fall of the hammer each lot shall be at the purchasers risk and expense and except us herein before provided the same shall be paid in cash immediately on completion of the sale, and prior to delivery being made, or possession obtained by the Purchaser or his representative, prior to payment of the purchase money, then, until payment in full of the purchase money or any cheques given on account of same, the property of the lot shall not pass to the purchaser.
8. Except as otherwise provided by State or Federal Law, no condition or warranty is given or implied by the Auctioneer with any lot offered. As all lots are open for inspection prior, the commencement of the sale it is assumed goods have been inspected and are sold with faults, if any. Except as otherwise provided by State or Federal Law, no compensation shall be made in respect of any fault or error of description on any lots sold.
9. Any statement as to the quantity of goods is approximate only and is as represented to the company. The company gives no warranty and that quantities stated are correct. In addition to any other rights the purchaser may have, compensation for shortages in quantity shall be given if demanded in writing before delivery of the goods. In the event of any dispute as to compensation the dispute shall be settled by an arbitrator who shall be a person mutually agreed upon by the parties.
10. To prevent inaccuracy in delivery and inconveniences in the settlement of purchases, no lot can be removed on any account during the time of sale, however all lots must be removed within two (2) days of completion of the sale or as specified at the time of the sale.
11. If any purchaser shall fail to comply with these conditions or any of them, or if any cheque given on account of his purchase is dishonoured, any monies which such purchaser shall have paid to the Auctioneer on account of his purchase or purchases shall be absolutely forfeited to the Vendors, and the Vendors or the Auctioneers shall be at liberty to sue such purchaser for damages or at their option resell the lot in any manner and upon such terms and conditions as they may think proper.
12. All losses and expenses incurred by the Vendor or the company resulting from any resale pursuant to Clause 11 hereof and all damages which the Vendor or the Company may sustain hereby shall be recoverable from the Purchaser as liquidated damages and the Vendor or the company shall not be obliged to give any notice of such resale. Without limiting the generality of the foregoing company shall be entitled in the event of such resale to:
(A) The amount of any commission lost on a purchase as the result of the purchaser not proceeding with the purchase.
(B) The costs of advertising in respect of any such purchase.
13. The purchaser acknowledges that all lots purchased are subject to a buyers premium at a rate as stated in the companies advertisement and catalogue. The buyers premium will form part of the purchase price.
14. No servant or agent of the company is authorised to waive, add to vary these conditions without the written authority of the companies Secretary or General Manager.
* All lots shall be at the risk of the purchaser immediately on the fall of the hammer.
* At the time the Auctioneer accepts a final bid, the buyer is TOTALLY committed to pay for that particular lot – quantities cannot be altered and no refunds will be given.
* The highest approved bidder, if in due time, shall be declared the purchaser subject to the reserve price, if any.
* Should any deficiency arise in the quantity of goods sold, the Auctioneer will not be bound to deliver more than what is actually in his or the Vendors possession.
15. Some computer systems may contain software, programmes and data. Ownership of these items remains with the Vendor or the Licensee of the software. Buyers should satisfy themselves as to penalties that may be applicable for unauthorised use.
16. DELIVERY – After settling your account, place your buyers number on our office whiteboard and an Auction Supervisor will assist you.
* IMPORTANT NOTICE: Please read the conditions of sale in the front of this catalogue. If you buy goods here, you agree to these conditions. These conditions impose obligations and possible costs and penalties upon you.
AUCTION REGISTRATION AND PAYMENT DETAILS
All Prospective Buyers must complete a Bidder Registration Card.
All Payments are strictly cash, prepaid Bank Cheque, on line payment or Telegraphic Transfer.
Payment in full must be finalised by 12 Noon on the next business day after completion of the Auction and prior to collection of any lots.
Collection of purchase lots must be finalised within 2 working days following the completion of the Auction unless otherwise advised, or ownership will revert to the vendor.
Delivery will only be given to the purchaser or his representative of the lots at the Auction Sale. Any Transfer of lots between Buyers can only occur after the lots have been removed from the site by the purchaser at the Auction Sale.
Delivery will only be given on production of the Duplicate Copy Invoice, which acts as the delivery docket.
Absentee Bids may be left with the Auctioneers clerk by way of the Absentee s Bidders Form, which can be obtained from the sale s office.
TERMS OF AUCTION
Please read conditions of Auction listed in this catalogue.
Every item sold As Is-Where Is
Insurance and removal are Buyers Responsibility.
The Auctioneers make no Guarantees or Warranties, Expressed or Implied on any equipment sold.
Persons attending are notified that an Auction Site is a potentially dangerous place, Flammable, Noxious, Corrosive and pressured substances are present, heavy equipment is being operated and electronic circuits may be live. Every person at the Auction Site before, during and after the Auction sale shall be deemed to be there at his or her own risk with notice of the premises, the activities on the premises and the conduct of third parties, and any registered bidder shall so advise his agents or employees.
PLEASE NOTE
It is the responsibility of Buyers to Inspect all items before Bidding and satisfy themselves as to their condition.
BUYERS PREMIUM
A Buyer’s Premium plus a $3 lot fee, per lot, will be added to the knockdown price of each lot sold (refer to Auction catalogue for full details)