Tomkins Emerald Auction - Slack Drive EMERALD
Packaging and collection is the responsibilty of the purchaser, any items not collected after the nominated collection times will be deemed abandoned.
Commencing at 09.30am Saturday 16th March 2019
A/c Central Highlands Regional Council, Government Departments, Financiers & Local Business
Tomkins Auction Emerald - On Site TOMKINS Emerald Auction Complex - Slack Drive Emerald QLD
Please refer to Auction Terms & Conditions
All Accounts must be paid in full on the day, or a 10% Deposit will be required, with full cleared funds due by 3pm Monday. We accept EFT, Cash, Bank Cheque & Eftpos.
Payment must be in clear funds and show in Auctioneers Trust Account before assets will be released.
Auction – Terms & Conditions
- 10% GST Inc Buyers Premium applies to the knockdown price of each lot sold.
- Any intending bidders must register at the office where you will be required to fill out and sign a buyers registration which states that you understand the “Terms and Conditions of Sale”. You must, if requested, produce identification e.g. Drivers license, credit card, bank book, registration papers etc. You will then be given a Buyers number which is yours for this sale only.
- The highest bidder shall be the purchaser, subject to the Vendor’s approval and a reserve price if any.
- No person will be allowed to retract his or her bid after being taken by the Auctioneer.
- A right to bid by or on behalf of the Vendor is expressly reserved
- The purchaser shall be deemed to be the Principle unless prior to the sale he or she has disclosed to the company that he or she will be bidding on behalf of a Principle whose name and address shall be disclosed to the Auctioneer.
- The Auctioneer may, without giving reason refuse to accept the bid of any person or persons and may decline the offer for any lot or withdraw any lot or lots from the sale.
- Should any dispute arise to any bid the relevant lot or lots may, at the option of the Auctioneer, be put up and resold.
- Each buyer immediately after any lot is knocked down, shall if requested by the Auctioneer or the Auctioneer’s Clerk, sign a contract of sale and immediately pay in CASH or CERTIFIED BANK CHEQUE a deposit of not less than 10% of the purchaser price or $500.00, whichever is requested.
- The Purchaser agrees that – (i) All warranties & conditions on the part of the Vendor implied by statue or otherwise relating to the goods the subject of each lot are excluded to the maximum extent permitted by law; (ii) The Vendor gives no warranty whatsoever as to the condition or quality of the goods or as to their suitability or fitness for their ordinary or any special use or purpose, and the description of the goods in any publication, advertisement or other document or any other oral representation or description by the Vendor or Auctioneer shall not import any such condition or warranty on the part of the Vendor; (iii) It is the responsibility of the purchaser to satisfy himself as to the condition, quality, suitability, and fitness of the goods for his purpose; (iv) The purchaser accepts the goods as they are with all faults and defects (if any). The Vendor shall not be liable for any miss-description of the goods and the purchaser shall take irrespective of any such miss-description without any claim for compensation; (v) the Purchaser acknowledges that the foregoing is fair and reasonable having regard to the fact that the goods are in a used condition and that he has been provided with a reasonable opportunity to inspect the goods.
- All lots, having been available for inspection prior to auction, are offered for sale “as is where is” with all faults (if any). To the full extent permitted by law, and not with standing the contents of, or any description given in, any catalogue, advertisement, engineer’s report or other materials issued by the Auctioneer in relation to a lot, no express or implied condition warranty or guarantee is made or given in relation to that lot as to its conditions, quality, fitness, purpose, merchantability or compliance with description.
- The goods are at the purchaser’s risk immediately on the fall of the Auctioneer’s Hammer. Without limiting the generality of the forgoing, neither the Vendor nor the Auctioneer shall be liable for any damage to or deterioration of any goods the subject of the relevant lot, whether or not caused by their negligence or the negligence of their servants and agents, for the period between the fall of the hammer and the taking of delivery by the purchaser
- The balance of purchase price shall be paid in CASH, CERTIFIED BANK CHEQUE, or TELGRAPHIC TRANSFER of cleared funds no later than 3pm (AEST) next business day from auction date.
- Any deficiency in the goods sold shall not vitiate the sale, but neither the Vendor nor the Auctioneer shall be bound to deliver more than is in their possession.
- All the lots shall be at the buyers risk on the fall of the hammer and neither the Vendor nor the Auctioneer shall be accountable for any deficiency, damage or loss which may arise there after.
- All goods which have been paid in full must be removed by the purchaser at the purchaser’s expense.
- Upon any purchaser failing to comply with any the above conditions all monies received in part payment shall be absolutely forfeited to the Vendor after the Agent’s commission and costs, and all lots not collected may be resold at Public Auction or Private Contract and the deficiency (if any) of such resale, together with all costs and charges attending, shall be made good by the defaulter at the sale.
- Time shall be the essence of the sale.
- Terms strictly CASH CERTIFIED BANK CHEQUE or TELEGRAPHIC TRANSFER or cleared funds before delivery of any goods is made.
- GST is inclusive of the knockdown price of each lot sold unless otherwise stated.
- All persons entering these premises do so at their own risk. The Vendor and Auctioneer shall not be under any liability whatsoever for any injury, death, or damage howsoever caused (including injury death or damage caused or contributed to by the Vendor or the Auctioneer, or their servants and agents) suffered by any person entering on to these premises. The purchaser shall effect insurance which: (i) At all times covers liability to the public for an unlimited amount in respect of personal injury, death or damage arising out of the taking of delivery, removal, or dismantling off any lots, by or on behalf of the purchaser; (ii) If necessary provides cover for the full amount required by law, against any liability whatsoever whether arising by virtue of any statue relating to workers compensation or employers liability or at a common law to any person employed by the purchaser in connection with taking of delivery, removal, or dismantling of any lot.
- Special conditions re electrical equipment: This equipment is sold in a used condition and no warranty is given that its present conditions comply with the safety requirement of the State Electricity commission. It is pointed out that under the State Legislation the purchaser is required before the resale or use to have the equipment examined and repaired by a registered electrical contractor.
- Prospective purchasers of MAJOR ITEMS OF PLANT are advised that special arrangements may be made with the Auctioneer or the Auctioneer’s Clerk PRIOR TO SALE for an extension of time for the removal purposes.
- Purchasers are not permitted to resell or subdivide lots in the sale premises.
- TVAA Pty Ltd Staff are used in capacity of security only. So please supply your own labour for the removal of purchased items.
- Delivery of all items must be completed within 5 business days of conducted auction, unless otherwise stated or approved by auctioneer.
- The Auctioneers shall not be responsible for any damage to property or injury to persons incurred during the removal of the lots purchased.
- A purchaser shall not be entitled to the possession or title of the goods until the amount of cleared funds is confirmed (by the Bank) in the Auctioneers trust account.
- The Auctioneer advises all buyers that all plant offered for sale at auction may not be fit for use in a workplace. It is the Purchaser’s responsibility to ensure that an operational risk assessment is undertaken prior to use, and the plant/lot be brought to a condition which complies with relevant state Legislation, Regulations and any applicable Codes of Practice. The Auctioneer will provide (where applicable) safety information relation to the condition of the Lot for sale (“Plant Hazard Report”).
- PPSR Certificates - PPSR certificates will be issued on the day of sale. A PPSR certificate of $22.00 will be debited to the successful purchaser
Please note that a Buyers Premium of 10% GST Inc applies to the knockdown price of each Lot sold.
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. No persons shall have any claim against the Auctioneers, their agents, employees or principals for any injuries sustained or for damages to or loss of property which may occur from any cause whatsoever.
The assets are used therefore inspection is highly recommended prior to bidding. Descriptions and photographs should be used as a guide only, ALL ASSETS ARE SOLD AS IS. If you are unsure do not bid as no refunds will be given.
The Purchaser is responsible for the cost of Crane Hire to Load any LOT over 3T Gross weight.