Great MATE Auction - Terms and Conditions:
Auction at the Adelaide Tradie MATE 2018
“Auctioneer” means any licensed person who conducts an auction by calling for bids and declaring Lots sold.
“Bidder” means any registered person who bids for a Lot.
“Bidder Registration Form” means form with bidder details.
“Buyer” means any person who successfully bids for a Lot.
“Buyers Premium” means an amount payable by a Buyer in addition to the sale price..
“Legislation” means the Occupational Safety and Health Act (1984) and the Occupation Safety and Health Regulations (1996).
“Lot” means any item or items marked as a lot or described as a lot by the Auctioneer.
“Plant & 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 who sells a Lot.
- PUBLIC LIABILITY
2.1 Persons attending the Auction site, before, during or after the auction do so at their own risk. The Auctioneer, his agents, employees or principals shall not in any way be liable for any injury sustained to any person or for damage to or loss of property whatsoever 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 adult.
3.1 Prior to Auction each Bidder shall complete a Bidders Registration Form.
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 address immediately.
3.3 A buyer shall be deemed to purchase as a principal unless at the time of completing the Bidders Registration Form the Buyer:
(a) discloses to the Auctioneer that he/she will be bidding on
behalf of a principal and shall supply the full name and
address of that principal; and for and on behalf of that principal; and
(b) gives the Auctioneer a copy of a written authority to bid for and on behalf of that principal
- HIGHEST BIDDER TO BE THE BUYER
4.1 Subject to any reserved price, the highest Bidder for each Lot shall be the Buyer.
4.2 Subject to condition 5 below, the entry of the Buyers name in the record or book kept by the Auctioneer or his 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 the Seller.
- DISPUTE 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.
The Auctioneer and the Seller reserve the following rights, which may be exercised by the Auctioneer without giving any reason there for:
(a) not to offer for sale any Lot or part of any Lot described in the catalogue;
(b) to offer two or more of the Lots or part of any Lot 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 or to eject from the auction site any person or persons;
(g) to refuse to accept any bid for a Lot being less than the 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 the Lot;
(i) in the event that any buyer shall successfully bid for more than one Lot at the auction
(i.i) to appropriate any monies 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
(i.ii) to elect at any time to treat such contract for the sale of each Lot as independent with each other and default under any such contract shall be default under all 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.
7.1A On the fall of the hammer, the Auctioneer may require and the Buyer shall pay to the Seller or his Clerk, by cash , credit card or bank cheque, a deposit of 20% of the purchase price for the Lot purchased and the balance payable in 24 hours. Deposits will not apply for items under $1000 and are strictly at the sellers discretion.
7.2A 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.
7.3A 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 or Seller as a debt due and payable by the original Buyer.
- FAULTS AND MISDESCRIPTION
8.1A A sale shall not be invalidated by reason of any fault or defect in a Lot.
8.2A A sale shall not be invalidated by reason of a Lot being incorrectly described in a catalogue or elsewhere.
8.3A The Seller will uphold any warranties on new or demonstrator items. Sellers of second hand goods are not liable to pay compensation to a buyer for any fault or defect in a Lot or for any error or description error or for any missing part or quality.
8.4A No warranty, either expressed or implied, is given by any verbal affirmation made by the Auctioneer.
8.5A The Auctioneer or Organiser is not liable to pay compensation to a buyer for any fault or defect in a lot or for any error or description error or for any missing part or quantity. The seller will take all responsibility as per a normal retail sale transaction.
- LOTS AT BUYERS RISK
Whilst normal retail trade practices will be adhered to. From the fall of the hammer each Lot is at the Buyers risk. The Auctioneer and the Seller shall not be accountable for any damage or loss which may occur thereafter. It is recommended that insurance be taken out on items at the fall of the hammer.
- REMOVAL OF LOTS
10.1A At the Buyers own cost the Buyer shall remove the Lot within the time frame specified by the Auctioneer or by no later than 4 p.m. on Monday 7th May, whichever is the earlier.
10.2A The Buyer shall not remove a Lot during an auction unless authorised by the auctioneers agents.
10.3A 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 that occurs during the removal of a Lot.
10.4A Any part of a lot which a buyer does not remove within the frame time specified in 10.1 may thereafter removed by some person, firm or company engaged by the auctioneer and stored at the auction site 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.
10.5A The disconnection of any gas or electrical services from any piece of Plant & Equipment carried out during the removal of a lot must be performed by a competent and qualified trade’s person.
- PAYMENT FOR LOTS
11.1 A Prior to the end of the auction or at any time thereafter specified by the Auctioneer, the buyer shall pay to the Auctioneer or reseller as directed the full purchase price for the lot including an applicable sales tax, any other government tax or any buyers premium.
11.2 A The purchase price and any part thereof, shall be paid by cash or by bank cheque. Credit Cards will attract fees as displayed at the sellers desk.
11.3A 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.
11.4A The Auctioneer and the seller reserve the right to restrict access to the lot prior to the lot being paid in full
11.5A Title to the lot shall not pass to the buyer until all cheques are cleared by the Auctioneer’s bank.
- BUYER’S DEFAULT
12.1A 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 by 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.
12.2A The defaulting Buyer shall pay all the expenses arising from the default including the cost of any removal, warehousing, advertising, commission and resale.
12.3A 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.
12.4A Without limiting the generality of the foregoing the Auctioneer/Seller is entitled to recover from the buyer:
(a) A a sum for expenses and charges incurred by the Auctioneer in connection with or incidental to the auction in respect of the resale,
(b) A the amount of any applicable commission or buyers premium added by the Auctioneer;
(c) A any applicable sales tax or any other government tax or fee relating to or arising from the sale of the lot or part thereof.
- OCCUPATIONAL SAFETY & HEALTH OBLIGATIONS
13.1A 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 A Unless otherwise is stated, the plant sold is in New or demonstrator condition. Items auctioned have not been inspected by the Auctioneer or organisers of the Auction they have not been assessed or inspected by a competent person on behalf of the above .Items 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 and have satisfied their consumer rights with the seller.
13.3A The Legislation requires that owners of plant maintain safety and health information and records. The seller will pass on to the Buyer all information made available to them , but the Auctioneer does not warrant that the information and records are complete and accurate. It is the responsibility of the Buyer to familiarise themselves with all relevant information and records.
- 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.
- BUYERS PREMIUM
This is a Charity Auction with part proceeds being donated to our chosen charity. The purchaser acknowledges that Lots purchased are NOT subject to a “Buyer’s Premium’. We do ask that potential bidders pay a gold coin donation to enter the Auction Items compound.
- GOODS AND SERVICES TAX ‘GST’
Unless otherwise stated, GST will be added to the knockdown price including buyers premium. Total owing will be bid amount plus buyers premium plus GST.