| | Terms and Conditions of Auction Sale
1. Subject to the Vendor having the
right to bid, the highest bidder shall be the purchaser, and in the
event of any dispute arising, the lot shall be put up again and the
Auctioneers decision shall be final.
2. Unless otherwise
specifically stated by the Auctioneer, each bid shall be at least
twenty five percent in advance of the previous one, no party will be
allowed to retract his or her bid after once taken.
3. The
Auctioneer reserves the right to accept or refuse any bids without
having to state any reasons therefore.
4. On the fall of the
hammer, the purchaser shall give his or her name and place of abode and
shall (if so required), immediately pay down twenty cents in the dollar
in part payment of the purchase money and or complete the Memorandum of
purchase from in default the lot or lots so purchased may at the
Auctioneers absolute discretion be immediately put up again and resold.
5. The Purchaser shall be deemed to be the Principal unless prior to
the sale he has disclosed to the Company that he will be bidding on
behalf of a Principal whose name and address shall be disclosed to the
Auctioneers.
6. The Purchaser and the Vendor authorise the
Auctioneer and or the Auctioneers clerk to sign on their behalf the
sale book which with these conditions shall accept as otherwise
provided by the State or Federal Law, constitute the whole contract
between the Vendor and Purchaser to the exclusion of everything else.
7. On the fall of the hammer each lot shall be at the purchasers risk
and expense and except us herein before provided the same shall be paid
in cash immediately on completion of the sale, and prior to delivery
being made, or possession obtained by the Purchaser or his
representative, prior to payment of the purchase money, then, until
payment in full of the purchase money or any cheques given on account
of same, the property of the lot shall not pass to the purchaser.
8. Except as otherwise provided by State or Federal Law, no condition
or warranty is given or implied by the Auctioneer with any lot offered.
As all lots are open for inspection prior, the commencement of the sale
it is assumed goods have been inspected and are sold with faults, if
any. Except as otherwise provided by State or Federal Law, no
compensation shall be made in respect of any fault or error of
description on any lots sold.
9. Any statement as to the
quantity of goods is approximate only and is as represented to the
company. The company gives no warranty and that quantities stated are
correct. In addition to any other rights the purchaser may have,
compensation for shortages in quantity shall be given if demanded in
writing before delivery of the goods. In the event of any dispute as to
compensation the dispute shall be settled by an arbitrator who shall be
a person mutually agreed upon by the parties.
10. To prevent
inaccuracy in delivery and inconveniences in the settlement of
purchases, no lot can be removed on any account during the time of
sale, however all lots must be removed within two (2) days of
completion of the sale or as specified at the time of the sale.
11. If any purchaser shall fail to comply with these conditions or any
of them, or if any cheque given on account of his purchase is
dishonoured, any monies which such purchaser shall have paid to the
Auctioneer on account of his purchase or purchases shall be absolutely
forfeited to the Vendors, and the Vendors or the Auctioneers shall be
at liberty to sue such purchaser for damages or at their option resell
the lot in any manner and upon such terms and conditions as they may
think proper.
12. All losses and expenses incurred by the
Vendor or the company resulting from any resale pursuant to Clause 11
hereof and all damages which the Vendor or the Company may sustain
hereby shall be recoverable from the Purchaser as liquidated damages
and the Vendor or the company shall not be obliged to give any notice
of such resale. Without limiting the generality of the foregoing
company shall be entitled in the event of such resale to:
(A)
The amount of any commission lost on a purchase as the result of the
purchaser not proceeding with the purchase.
(B) The costs of
advertising in respect of any such purchase.
13. The
purchaser acknowledges that all lots purchased are subject to a buyers
premium at a rate as stated in the companies advertisement and
catalogue. The buyers premium will form part of the purchase price.
14. No servant or agent of the company is authorised to waive, add to
vary these conditions without the written authority of the companies
Secretary or General Manager.
* All lots shall be at the risk
of the purchaser immediately on the fall of the hammer.
* At
the time the Auctioneer accepts a final bid, the buyer is TOTALLY
committed to pay for that particular lot - quantities cannot be altered
and no refunds will be given.
* The highest approved bidder,
if in due time, shall be declared the purchaser subject to the reserve
price, if any.
* Should any deficiency arise in the quantity
of goods sold, the Auctioneer will not be bound to deliver more than
what is actually in his or the Vendors possession.
15. Some
computer systems may contain software, programmes and data. Ownership
of these items remains with the Vendor or the Licensee of the software.
Buyers should satisfy themselves as to penalties that may be applicable
for unauthorised use.
16. DELIVERY - After settling your
account, place your buyers number on our office whiteboard and an
Auction Supervisor will assist you.
* IMPORTANT NOTICE:
Please read the conditions of sale in the front of this catalogue. If
you buy goods here, you agree to these conditions. These conditions
impose obligations and possible costs and penalties upon you.
AUCTION REGISTRATION
AND PAYMENT DETAILS
All Prospective Buyers must complete a Bidder Registration Card.
All Payments are strictly cash, prepaid Bank Cheque, on line payment or
Telegraphic Transfer.
Payment in full must be finalised by 12
Noon on the next business day after completion of the Auction and prior
to collection of any lots.
Collection of purchase lots must
be finalised within 2 working days following the completion of the
Auction unless otherwise advised, or ownership will revert to the
vendor.
Delivery will only be given to the purchaser or his
representative of the lots at the Auction Sale. Any Transfer of lots
between Buyers can only occur after the lots have been removed from the
site by the purchaser at the Auction Sale.
Delivery will only
be given on production of the Duplicate Copy Invoice, which acts as the
delivery docket.
Absentee Bids may be left with the
Auctioneers clerk by way of the Absentee’s Bidders Form,
which can be obtained from the sale’s office. TERMS OF AUCTION
Please read conditions of Auction
listed in this catalogue.
Every item sold “As
Is-Where Is”
Insurance and removal are Buyers
Responsibility.
The Auctioneers make no Guarantees or
Warranties, Expressed or Implied on any equipment sold.
Persons attending are notified that an Auction Site is a potentially
dangerous place, Flammable, Noxious, Corrosive and pressured substances
are present, heavy equipment is being operated and electronic circuits
may be live. 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
with notice of the premises, the activities on the premises and the
conduct of third parties, and any registered bidder shall so advise his
agents or employees. PLEASE
NOTE
It is the responsibility of Buyers to
Inspect all items before Bidding and satisfy themselves as to their
condition. BUYERS
PREMIUM A
fee of 12.5% Buyer's Premium plus a $2 lot fee, per lot, will be added
to the knockdown price of each lot sold Back
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