TERMS AND CONDITIONS OF SALE BY PUBLIC AUCTION
1.1 “Auctioneer” means Valley Motor Auctions Pty Limited, together with its servants, agents, contractors and sub-contractors. “Bid” means an offer to purchase Goods. “Bidder” means a person who makes a Bid. “Goods” means any goods held for auction by the Auctioneer. “Lot” means Goods auctioned as a complete and distinct item. “Person” includes firm, body corporate, unincorporated association or authority. “Purchaser” means a person who purchases Goods auctioned by the Auctioneer, its servants, agents, contractors and sub-contractors. “Vendor” means the person for whom the Auctioneer auctions Goods, its servants, agents, contractors and sub-contractors.
1.2 This auction shall be completely and exclusively governed by these terms and conditions of sale (“Terms”) which shall supersede all prior arrangements, whether written or oral, and whether express or implied.
2 Persons entering on the Auctioneer’s or Vendor’s premises shall do so at their own risk and expressly agree to be bound by the warning notice displayed at the entrance to the auction premises. The Auctioneer’s or Vendor’s premises or both may contain dangerous or hazardous goods or substances.
3 Prior to bidding for any Lot, each Bidder must fully complete a registration form supplied by the Auctioneer thereby expressly accepting these Terms without qualification or reservation. Any Bid given by a Bidder not registered in accordance with this clause, may, at the option of the Auctioneer, be disregarded.
4 Each Lot shall be the subject of separate contract of sale completely and exclusively governed by these Terms.
5 The Auctioneer may, without reason and at its sole discretion refuse to accept any Bid, withdraw any Lot at any time, vary the order in which Lots catalogued are to be auctioned or make any alteration to these Terms before the completion of the sale.
6 Without in any way limiting clause 5, increments in Bidding will be determined by the Auctioneer. No Bidder may retract any Bid. This auction is subject to a right to bid on behalf of the Vendor, which right is expressly reserved by or on behalf of the Vendor, The Vendor or Auctioneer may make any number of Bids for any Lot, with or without disclosure and needs not to be expressed to be effective.
7 Subject to any reserve, the highest Bidder shall be the Purchaser upon the fall of the hammer. In the event of any dispute the purchaser shall be determined by the Auctioneer in such manner as the Auctioneer in its sole discretion thinks fit and in the event that any lot is not sold the Auctioneer may sell the lot at the Auction or as soon as practicable thereafter by private treaty under the Terms and Conditions here expressed.
8.1 Unless agreed with the Auctioneer prior to bidding for any Lot:–
(a) The Purchaser shall before leaving the auction site pay a minimum deposit of 20% of the purchase of each Lot purchased or in the case of a motor vehicle $1000.00 immediately on the fall of the hammer and
(b) The balance of purchase price shall be paid by way of cash or bank cheque at the Auctioneer’s offices or at any other place nominated by the Auctioneer, before the removal of any Lot, and in any event within 24 hours of the purchase of the Lot at a Valley Pacific auction or within 7 days at a Valley Motor Auctions sale.
8.2 Time is of the essence in respect of clauses 7 and 8.1
9.1 To the fullest extent permitted by law or all lots are available for inspection before the sale and it is deemed that the goods have been inspected by the Purchaser. All lots are sold in their current state of repair and condition at the time of the auction or sale with all defects and faults latent, patent or otherwise (if any). No error or misdescription shall invalidate the sale and the Purchaser shall be bound to take delivery of the goods sold without allowance or lessening in price. Any deficiency in the quantity described shall not invalidate the sale, and neither the Auctioneer nor the Vendor shall be bound to deliver more than is in his possession. All lots are to be bid for, purchased and taken as they now stand and in their present position and condition.
9.2 To the fullest extent permitted by law or Advertisements or catalogues or electronic media promotion for the auction or forthcoming sales are statements of opinion and are not to be relied upon as statements, or representations of fact and intending bidders must satisfy themselves by inspection or otherwise as to the nature and condition of the goods offered for sale. If there is any reference to the state of repair, condition, fitness for purpose or quality of any goods by the Auctioneer the Purchaser acknowledges that such reference is information provided by the Vendor and if any dispute arises in any such respects then the Purchaser will exclude the Auctioneer from any such dispute or any subsequent claim, action or Court proceedings and the Purchaser agrees to indemnify the Auctioneer from and against all liability (including costs on a full indemnity basis) which may be incurred by the Auctioneer in relation to any such dispute, subsequent claim, action or Court proceedings.
9.3 To the fullest extent permitted by law, The Auctioneer and the Vendor make no warranties and give no guarantees as to the condition, suitability, fitness for purpose or merchantable quality of any goods, except for that which is allowable under Competition and Consumer Act 2010 and applicable NSW legislation.
10.1 Without any way limiting 9.1, 9.2 and 9.3, and subject to;
(a) conditions and warranties prescribed by statute which cannot be excluded (“prescribed terms”) the liability of the Auctioneer and Vendor for a breach of prescribed terms is limited at the option of the Auctioneer or Vendor to the replacement, equivalent supply or repair of the Lot supplied or the cost of any of these items.
(b) Subject to prescribed terms and clause 10.1(a), the Auctioneer and Vendor shall not be liable for any loss, damage or injury of any kind whatsoever, whether arising from the performance, description, misdescription or identification of Goods, the entry of persons onto auction premises or otherwise, (including, without limitation, loss, damage, or injury caused by the default or negligence of or misrepresentation by the Auctioneer or the Vendor and any incidental and consequential loss damage or injury), to any person or property.
11 If a Purchaser fails to comply with these Terms any money paid, partly paid or deposited shall be forfeited. Any Lot not fully paid for within the time prescribed in clause 8.1 may at the Auctioneer’s or Vendor’s option be both stored at the defaulting Purchaser’s risk and expense or resold in which case any deficiency, or damage or loss whatsoever, including but not limited to the difference between the original price and any lesser subsequent sale price, all legal costs, lost commission on original sale, commission on resale, advertising of resale and anyother reasonable costshall become due and payable by the purchaser, without prejudice to any rights or remedies of the Vendor or the Auctioneer.
12 If a Purchaser fails to remove purchased Lots from the Auctioneer’s or Vendor’s premises within the time prescribed in clause 8.1, the purchased Lots may at the Auctioneer’s or Vendor’s option be stored at the defaulting Purchaser’s risk and a storage fee of $100.00 including GST per week per Lot will be payable by the Purchaser prior to the removal of the Lots.
13 Title to a Lot auctioned shall remain with the Vendor until the full purchase price and all other sums payable in respect of the Lot are paid in full, all cheques cleared, and the Lot removed.
14 A Lot shall be held at all times after purchase (whether or not the Lot is to be delivered to the Purchaser by the Auctioneer or Vendor) at the Purchaser’s risk and expense in respect of loss or damage from any cause whatsoever, including the Auctioneer’s or the Vendor’s or any other person’s negligence, and taxes and charges of any kind.
15 Subject to clause 8.1, the Purchaser shall remove purchased Lots from the Auctioneer or the Vendor’s premises with reasonable skill, care and attention and shall bear the cost of making good any damages or injury causes to the Auctioneer’s or Vendor’s premises as a result of removing purchased Lots.
16 Unless agreed in writing with the Auctioneer, the Purchaser is to arrange removal and delivery of a purchased Lot. Where it is agreed in writing that a purchased Lot is to be removed or delivered to the purchaser by the Auctioneer or Vendor, the lot shall be delivered at the Purchaser’s expense. When delivering Lots the Auctioneer or Vendor shall be under no liability for any loss, damage or injury of any kind whatsoever including, without limitation, loss, damage or injury caused by the default or negligence of or misrepresentation by the Auctioneer or the Vendor and any incidental and consequential loss, damage or injury to any person or property.
17 A provision of or a right created under these terms and conditions may not be waived except in writing signed by the party granting the waiver.
18 This agreement shall be governed by the law of New South Wales.
19 The purchaser acknowledges that some items may contain software, programmes and data or require hardware or software or licensing in order to operate. The purchaser must make his own enquiries and arrangements in regard to these matters.
20 It is an essential term and condition of the sale and transfer of any plant comprising a lot that the plant is sold only on the basis that it is not to be used for any work or in any workplace nor in such a place or manner so as to affect public safety. Items of plant sold without a Hazard Report are sold as ‘Parts Only.’ The purchaser acknowledges that if the plant is to be used at any time in the future that the purchaser must comply with the provisions of the Occupational Health and Safety Act 2001 and the Regulations made under it prior to such use.