AUCTION TERMS & CONDITIONS
1. A 10.00% (GST Inclusive) Buyers Premium applies to the knockdown price of each lot sold.
2. The Purchaser acknowledges that they have satisfied themselves as to the condition of the asset. No warranty, guarantee or representation is offered by the Vendor or its Agent as to the condition of the assets or to any matter that may affect future usage. The assets are offered on an ‘as is, where is’ basis. While every effort has been made to ensure that the accuracy of the description, the Vendor and its Agent cannot warrant they are correct.
3. The Purchaser will be advised within one working day of the Vendors acceptance of their offer.
4. The successful Purchaser will be required to make settlement of payment in full by Eftpos, Bank Cheque or Bank Transfer within 48 hours of acceptance, at which time all risk in the asset shall pass to the purchaser. Until the full payment has been received and cleared, all title and property in the asset will not pass to the purchaser. A Credit Card surcharge is applicable of 1.5%.
5. The Vendor reserves the right to withdraw any item without notice prior to the close of the auction or expression of interest (EOI).
6. The highest or any offer will not necessarily be accepted and is subject to the Vendor’s approval and a reserve price if any.
7. It remains at all times the responsibility of the purchaser to remove the asset purchased under the terms and conditions of the auction.
8. 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 where possible.
9. Provided the full purchase price has been paid, all lots must be removed by the purchaser at the purchaser’s expense within the time and days specified. Delivery of lots is not to be taken without a representative of the Vendor or their agent being present at the time and the purchaser will minimise any damage caused with such removal as far as practicable. The purchaser shall ensure that delivery is taken of all lots available at the time of delivery. Should any deficiency arise between the quantities of goods described at the time of sale and that available at the time of delivery, the purchaser shall take, and the Auctioneers shall be required to affect, delivery of only the quantity actually so available. No compensation whatsoever shall be paid in respect of any such deficiency, but the purchaser may claim a pro data adjustment of purchase price. No adjustment will be made unless the purchaser makes his claim at or before the time of delivery.
10. Time for payment and taking delivery by the purchaser shall be of the essence of the sale of any lot.
11. The Vendor and Agent 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 Agent, 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.
12. PPSR Certificates – in accordance with Queensland Government legislation compulsory PPSR Certificates will be issued on the day of sale or collection. A PPSR certificate fee of $22.00 will be debited to the successful purchaser.
13. Terms strictly CASH, EFTPOS, CERTIFIED BANK CHEQUE or ELECTRONIC TRANSFER of cleared funds is confirmed (by the Bank) before collection of any goods is made.
14. GST is inclusive of the offer price of each lot sold unless otherwise stated.
15. 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.
16. The Vendor or Agent shall not be responsible for any damage to property or injury to persons incurred during the removal of the lots purchased.
17. The Vendor and Agent advises all buyers that all plant offered for sale 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.
18. To collect your purchases please attend the collection address during the times advised with photo ID and a copy or your winning collection docket.
19. If there is a successful bid within 5 minutes of the close of the online auction, it will be extended until there are no successful bids within the "Refresh Period". Please refresh your page during the close time.
20. 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.
21. TVAA Pty Ltd Staff are used in capacity of security only. So please supply your own labour for the removal of purchased items.
22. Delivery of all items must be completed within 5 business days of conducted auction. Any lot not collected within the 5 day period will incur a $66 per day storage fee up to a maximum of 30 days. Any lot not collected after 30 days will be considered abandoned.
23. The Auctioneers shall not be responsible for any damage to property or injury to persons incurred during the removal of the lots purchased.
24. 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.
25. 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 withstanding 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.
26. 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.
27. No person will be allowed to retract his or her bid after being taken by the Auctioneer (online system).
28. 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.