Conditions of Sale
AusLiveAuctions ABN 97 270 943 301 of Yeoval, New South Wales, 2868 conducts this Auction on these Auction Terms & Conditions, which replace any other previously published Auction conditions or conditions of business. Vendors and Purchasers are advised to carefully read these Auction Terms & Conditions.
1. AUCTION SYSTEM
| 1.1 | AusLiveAuctions will conduct this Auction both online and onsite and will receive bids from: |
| a. registered Bidders present in person | |
| b. registered absentee Bidders | |
| c. registered phone Bidders | |
| d. registered internet Bidders | |
| Each of these is known in these Auction Conditions as a Bidder. | |
| 1.2 | The Vendor maintains the right to reduce the reserve price (if any) at any time. |
| 1.3 | The Auctioneer has the right to accept or reject any bid and to make a bid or bids on behalf of the Vendor. |
2. INTENDING PURCHASERS (Bidders)
| 2.1 | No Bidder shall be entitled to bid unless and until the Bidder has lodged a completed Bidder registration form to AusLiveAuctions. The Bidder registration form will require the Bidder’s name, address, email and telephone contact details. The Bidder registration form must be complete and acceptable to AusLiveAuctions and suitable identification provided, whereupon a Bidder Number will be allocated and issued to the Bidder. |
| 2.2 | Bidding Registration Forms are available during public viewing times and on Auction day at the Auction venue located at Yeoval, New South Wales, 2868 or can be obtained from auctions@ausliveauctions.com.au and must be completed with AusLiveAuctions prior to bidding. Telephone and Absentee bidding registrations close 24 hours prior to Auction commencement. |
| 2.3 | Payment is to be made on the day of Auction by way of cash, EFTPOS, Credit Card or PayPal to AusLiveAuctions if present at the Auction venue. Credit card payments will incur a fee of maximum 1.75% & $0.30 Per Charge and PayPal a fee of maximum 3.0% & $0.30 Per Charge. Online, telephone and absentee Bidders shall pay the full purchase price within 24 hours upon receiving an invoice. If after 48 hours after receiving an invoice for the particular lot, the Bidder has failed to pay the full purchase price, the Vendor may then or at any later time, at the Vendor’s option, sell the lot either by private treaty or Auction to another purchaser and the Bidder shall have no right or action against the Vendor or the Auctioneer and shall have no proprietary interest (legal, equitable or otherwise) in the lot. |
| 2.4 | Any Bidder wishing to bid by way of telephone or as an absentee, shall arrange to complete and lodge a bidding Registration Form at least 24 hours prior to the commencement of the Auction, and in the case of an absentee Bidder, shall have present at the Auction venue a duly authorised agent, which can with prior agreement, be an AusLiveAuctions representative. |
| 2.5 | The Auctioneer and the Vendor make no warranties and give no guarantees as to the condition, authenticity, genuineness, suitability or age of any lot. |
| 2.6 | At the fall of the hammer the item becomes the responsibility of the purchaser, therefore we recommend you take out immediate insurance cover on your items. |
3. FEES AND CHARGES
| 3.1 | A buyer’s premium is added to the final hammer price of each lot. This amount includes 20% (Inclusive of GST) payable on the buyer’s premium. Buyers premiums may differ from each Auction but will be publicly disclosed in the online and paper catalogue of each Auction. |
| 3.2 | For any lot that attracts GST, the GST will be included in the final hammer price and will not be added to the final total. |
| 3.3 | The buyer’s premium is payable regardless of whether the item is sold under the hammer or by negotiation following the Auction. A minimum buyer’s premium of 20% (Inclusive of GST) is payable by each successful Bidder & The minimum buyer’s premium for any bidder is $5.50 (including GST) |
| 3.4 | A Seller’s commission is payable on each lot sold under the hammer or by negotiation with a buyer following the Auction. The amount of seller’s commission will be included in the seller’s consignment contract. |
| 3.5 | Storage fees may be payable if a sold lot is not collected within 5 working days following the Auction without prior agreement from AusLiveAuctions. The maximum storage fee per lot will not exceed $11 (plus GST) per week or part thereof. |
4. CONDITION OF THE LOT
| 4.1 | Unless specifically agreed to in writing, all lots are sold in their condition as at the time of Auction or sale with all defects and faults (if any) and not withstanding any description or representation given. |
| 4.2 | Whilst AusLiveAuctions endeavours to provide an accurate description of each lot, no error, omission or misdescription of the lot shall vitiate the sale and the Purchaser shall be bound to take delivery of the lot sold without concession or reduction in price. Advertisements, catalogues, and any pre-purchase descriptions or statements of opinion are not to be relied upon as statements or representations of fact. |
| 4.3 | Bidders should satisfy themselves of the condition and authenticity of the lot prior to bidding. High resolution photos of items and HD video available. |
| 4.4 | No compensation shall be paid in respect of any error or misdescription in relation to the condition, authenticity, genuineness, suitability or age of any lot(s) to Bidders. |
| 4.5 | Absentee and phone Bidders may request the Auctioneer inspect any lot(s) on their behalf to ensure that the lot(s) are as described in the catalogue. Absentee and phone Bidders should also make their own enquiries as to the condition and authenticity of the lot(s) and may request additional photos or information on the lot(s) to ascertain the condition and authenticity of any lot(s). |
| 4.6 | As all lots are available for inspection prior to Auction via high resolution photos of items and HD video, it is deemed that each lot has been adequately inspected by the Bidder or Purchaser prior to the sale. |
| 4.7 | Caveat Emptor (buyer beware) applies to each lot in this Auction. |
5. AUCTIONEER
| 5.1 | “Auctioneer” means AusLiveAuctions and/or any person actually conducting the auction for and on behalf of AusLiveAuctions. |
| 5.2 | The Auctioneer reserves the right to: |
| a. refuse any bid; | |
| b. require a successful Bidder to immediately pay the whole or part of the purchase price; | |
| c. withdraw any lot from sale. | |
| 5.3 | The Auctioneer at all times acts solely as the agent for the Vendor. |
| 5.4 | Subject to the provisions of Condition 1, the highest Bidder shall be the Purchaser and if any dispute arises concerning the bidding, the Auctioneer shall either determine the dispute or put the lot up again at the last undisputed bid. No person shall at any bidding, advance less than the sum named by the Auctioneer and no bid shall be retracted. |
6. BIDDING AGENT
| 6.1 | If the Bidder purchases the lot as an agent for a person and the person then fails to complete the purchase within 24 hours following conclusion of the bidding for the lot, the Bidder nevertheless remains liable to the Vendor as the Purchaser of the lot. |
7. PAYMENT OF BALANCE OF PURCHASE PRICE
| 7.1 | Bidding is in Australian dollars and all payments must be made in Australian dollars. |
| 7.2 | Each lot shall be paid for by the purchaser by cash, EFTPOS, electronic funds transfer, credit Card or PayPal which is acceptable to AusLiveAuctions no later than 24 hours after the conclusion of bidding for the lot once invoice has been received. |
| 7.3 | No personal cheques will be accepted by the Auctioneer. |
| 7.4 | All payments by credit card will incur a maximum 1.5% merchant administration charge when used to pay any portion of the purchase price of a lot. All payments by PayPal will incur a maximum 3.0% merchant administration charge when used to pay any portion of the purchase price of a lot. |
| 7.5 | The lot must be collected from the Auction venue no later than five business days after the Auction unless otherwise agreed to by AusLiveAuctions. |
| 7.6 | In the event that the Bidder fails to settle full payment of the balance of the purchase price in the required time, the Vendor shall have the right to retain any deposit paid by the defaulting Purchaser and the Vendor may then or any time after at the Vendor’s option sell the lot either by private treaty or Auction to any other Purchaser, and the Bidder shall have no right or action against the Vendor or the Auctioneer and shall have no proprietary interest (legal, equitable or otherwise) in the lot. |
8. POSTAGE, FREIGHT AND PACKING
| 8.1 | Buyers may request AusLiveAuctions to organise the packing, post or freight of their items on their behalf once they have been paid for in full. The Buyer remains responsible for the postage, freight or transportation costs. Insurance is highly recommended for any lot being posted, freighted or transported. These costs must be paid for by the Buyer prior to items being released by AusLiveAuctions. |
| 8.2 | Whilst all reasonable steps and endeavour will be made to ensure items are packed appropriately, AusLiveAuctions takes no responsibility whatsoever for the loss or damage to once the item leaves our business premises. The Buyer may if preferred to organise their own packing and/or postage or freight and or insurance of their lots or items if they cannot be collected personally. |
| 8.3 | Post/Freight quotes will only be arranged once the items have been paid for. |
9. ELECTRICAL ITEMS
| 9.1 | All electrical items are sold in used condition and have not been tested or determined to be electrically safe. |
| 9.2 | No warranty is given that their present condition applied with the requirements of the Electrical Safety Act. |
| 9.3 | The buyer agrees and acknowledges that the electrics must be examined and if required, repaired by a licensed electrician before use or resale. |
10. GENERAL
| Neither the vendor or the Auctioneer will be liable for any personal injury, damage or loss whatsoever or any expense suffered, caused or incurred by the use of, or as a result of any goods purchased. | |
| 10.1 | Any person attending the Auction or premises of the vendor or Auctioneer to buy, sell, inspect or take delivery of any property does so entirely at their own risk. |
| 10.2 | No responsibility is accepted by the vendor or Auctioneer for any accident, injury, illness or damage to person or property however caused. |
| 10.3 | Children are to be directly supervised by a parent or guardian at all times. |
| 10.4 | Assistance dogs are most welcome to our premises and Auctions. |