These are the Auctioneers and Valuers Association of
Western Australia (AVAWA) standard terms and conditions. These conditions
are subject only to any special terms and conditions that may have been
provided at this auction.
DEFINITIONS
"Auctioneer" means any person who conducts
an auction be calling for bids and declaring Lots sold.
"Bidder" means any person who bids for a Lot.
"Buyer" means any person who successfully bids for a Lot.
"Buyers Premium" means an amount payable by a Buyer in
addition to the sale price calculated at a rate stated
by the Auctioneer, advertisements or as displayed in
auction rooms.
"Computer Hardware" means the mechanical and electronic
components of a computer including monitor, keyboard and desktop or
tower case.
"Legislation" means the Occupational Safety and Health Act (1984)
and the Occupation Safety and Health Regulations (1996).
"Lot" means any item or items marked as a lot or
described as a lot by the Auctioneer.
"Plant and Equipment" includes vehicles, machinery,
mechanical, electrical and electronic equipment, tools, fixtures,
appliances, implements and any component or fitting thereof or
accessory thereto.
"Seller" means any person who sells a Lot.
"Software" means the programmes and other operating
information used by a computer.
PUBLIC LIABILITY
Persons attending the auction site, before, during or after
the auction do so solely at their own risk. The Auctioneer, his
or her agents, employees or principals shall not, in any way be
liable for any injury sustained to any persons or for any damage
to or loss of property howsoever caused.
All persons attending the auction site under the age of 16
years are required to be in the care of and under the supervision
of an adult.
REGISTRATION
Prior to Auction each Bidder shall complete a Bidders
Registration Form.
Upon the request of the Auctioneer or his or her clerk,
a Buyer may be required to provide his or her full name and
residential address immediately.
A Buyer shall be deemed to purchase as a principal unless
at the time of sale or at the time of completing the Bidders
Registration Form the Buyer:
discloses to the Auctioneer that he will be bidding
on behalf of a principal and shall supply the full name
and address of that principal; and
gives to the Auctioneer a copy of a written authority
to bid for and on behalf of that principal.
HIGHEST BIDDER DEEMED TO BE THE BUYER
Subject to any reserve price, the highest Bidder for each
Lot shall be the Buyer.
Subject to condition 5 below, the entry of the Buyer’s name
in the record or book kept by the Auctioneer or his or her
clerk shall be binding upon the Buyer and such record or book,
together with these conditions, shall constitute
the whole of the contract between the Auctioneer and the
Buyer and as between the Buyer and the Seller.
DISPUTE AS TO BID
If a dispute arises as to any bid, the Auctioneer
shall, at his or her absolute discretion, either determine the dispute
immediately or resume the bidding at the last undisputed bid. In either
case the dispute must occur before the next Lot is offered for bids.
AUCTIONEER AND SELLERS RIGHTS
The Auctioneer and the Seller reserve the following
rights, which may be exercised by the auctioneer without giving any
reason there for:
not to offer for sale any Lot or part of any Lot described in
the catalogue;
to offer two or more of the Lots described in the catalogue
as separate Lots for sale together as one Lot;
should such Lots referred to in (b) not be sold to a successful
bidder, to offer such Lots as separate Lots;
to withdraw any Lot or Lots from sale;
to refuse to accept a bid or bids from any person or persons;
to refuse admission to or eject from the auction site any person or persons;
to refuse to accept any bid for a lot being less than a sum
nominated from time to time by the Auctioneer;
to keep secret the existence and amount of any reserve price
of a Lot prior to the close of bidding or withdrawal from sale
of the Lot;
in the event that any Buyer shall successfully bid for more
than one Lot at the auction
to appropriate any moneys received from that Buyer in
satisfaction or partial satisfaction of the purchase price
due in respect of any one or more of such Lots to the total
or partial exclusion of amounts due in respect of any other
such Lot or Lots as the Auctioneer shall see fit; and
to elect at any time to treat each contract for the sale
of each Lot as interdependent with each other and default
under any such contract shall be default under all such
contracts;
to bid on behalf of any prospective Buyer with or without disclosure:
in the event that any Lot is not sold at the auction to offer to
sell the same immediately after the auction by private sale but
otherwise subject to these Conditions; and
to permit the Seller to make one or more bids for any Lot.
DEPOSIT
On the fall of the hammer, the Auctioneer may require and the
Buyer shall pay to the Auctioneer or his or her clerk, by cash
or bank cheque, a deposit of 20% of the purchase price for the
Lot purchased.
If a buyer fails to pay the deposit the Auctioneer may put the
Lot up for bidding and resale and the defaulting Buyers bid shall
not be taken again at the resale.
If the resale price is lower than the price obtained on the
first sale the difference in price shall be an amount recoverable
by the Auctioneer or Seller as a debt due and payable by the Buyer.
FAULTS AND MISDESCRIPTION
A sale shall not be invalidated by reason of any fault or defect
in a Lot and the Buyer remains bound to take delivery without any
allowance or reduction in the purchase price.
A sale shall not be invalidated by reason of an error or
misdescription in the catalogue or elsewhere as to the quantity,
measurements, specifications or quality of a Lot and the Buyer
remains bound to take delivery without any allowance or reduction
in the purchase price
The Auctioneer and the Seller make no warranties either express
or implied, other than those implied by Common Law or Statute the
exclusion of which would render this condition void or voidable or
which would constitute an offence by the Auctioneer or the Seller.
No warranty, either express or implied, is given by any verbal
affirmation made by the Auctioneer.
The Auctioneer or Seller is not liable to pay compensation to
a Buyer for any fault or defect in a Lot or for any error or
misdescription or for any missing part or quantity.
Bidders must satisfy themselves by inspection or otherwise as
to the nature and authenticity of a Lot and accept the same with
all faults, latent or patent.
LOTS AT BUYERS RISK
From the fall of the hammer each Lot is at the Buyers risk.
The Auctioneer and the Seller shall not be accountable for any
deficiency, damage or loss, which may occur thereafter.
REMOVAL OF LOTS
At the Buyers own cost, the Buyer shall remove the Lot within
the time frame specified by the Auctioneer or by no later than 4pm
on the next business day following the sale whichever is the earlier.
The Buyer shall not remove a Lot during an auction.
The Buyer is fully responsible for the expense and risk of the
removal of a Lot and for any damage to property or injury to persons
caused by themselves, their agents or employees which occurs during
the removal of a Lot.
Any part of a Lot which a Buyer does not remove within the time
frame specified in 10.1 may be thereafter removed by some person,
firm or company engaged by the Auctioneer and stored at the auction
site or elsewhere, at the discretion of the Auctioneer. Such removal
and storage shall be deemed to be made at the request of the Buyer
and all costs incurred by the Auctioneer shall be recoverable by the
Auctioneer and the Seller as a debt due and payable by the Buyer.
The disconnection of any gas or electrical services from any
piece of Plant or Equipment carried out during the removal of a Lot
must be performed by a competent and qualified tradesperson.
PAYMENT OF LOTS
Prior to the end of the auction or at any time thereafter
specified by the Auctioneer, the Buyer shall pay to the Auctioneer
the full purchase price for the Lot including any applicable sales
tax, any other government tax or any Buyer’s Premium
The purchase price and any part thereof, shall be paid by
cash or bank cheque.
Any balance of the purchase price shall be paid by the Buyer
to the Auctioneer within the time period required in these
conditions to take delivery of the Lot and the Buyer shall not be
entitled to require the delivery of the Lot until the purchase
price has been paid in full.
The Auctioneer and the Seller reserve the right to restrict
access to the Lot prior to the Lot being paid for in full.
Title to the Lot shall not pass to the buyer until all
cheques are cleared by the Auctioneer’s bank.
BUYERS DEFAULT
If the Buyer fails to comply with any of the above terms the
deposit or any monies paid shall be forfeited, without notice to the
Buyer, to the Auctioneer and the Lot in respect of which the default
has been made may be resold by public or private sale or disposed
of if no longer of commercial value.
The defaulting Buyer shall pay all the expenses arising from
the default including the cost of any removal, warehousing,
advertising, commission and resale of the Lot. This amount may be
recovered by the Auctioneer or Seller as a debt due and payable
by the Buyer.
If the price obtained on the resale is lower than the price
obtained at the original sale, the difference in price may be
recovered by the Auctioneer or Seller as a debt due and payable
by the Buyer.
Without limiting the generality of the foregoing the Auctioneer
is entitled to recover from the Buyer;
a sum for expenses and charges incurred by the Auctioneer
in connection with or incidental to the auction and in respect
of any resale;
the amount of any applicable commission or Buyer’s Premium;
any applicable sales tax or any other government tax or fee
relating to or arising from the sale of the Lot or part thereof.
OCCUPATIONAL SAFETY AND HEALTH OBLIGATIONS
The Legislation imposes obligations, such as providing
and maintaining a safe work environment and preventing exposure
to and protection from hazards on persons who use or operate
plant in a workplace and on employers whose employees use or
operate plant. If the Buyer intends to use plant purchased
at this auction, at a workplace then it is the responsibility
of the Buyer to inform themselves of these obligations.
Unless otherwise stated, the plant sold at this auction has
not been assessed or inspected by a competent person and it may
or may not be affected by faults or defects, which make it unsafe
for use. It is the responsibility of the Buyer to ensure assessment
and inspection by a competent person.
The Buyer is warned that the items not previously assessed or
inspected by a competent person may be suitable for scrap or
spare parts only.
The Legislation requires that owners of plant maintain safety
and health information and records. The Auctioneer will pass on
to the Buyer all information made available to them by the owner,
but the Auctioneer does not warrant that the information and records
are complete. It is the responsibility of the Buyer to familiarise
themselves with all relevant information and records.
COMPUTERS
Unless specifically provided, any sale of computer equipment
at this auction is intended to be the sale of Computer Hardware only.
If the sale of any computer equipment includes Software, the
Software may be the subject of a Software Licence Agreement.
A copy of this agreement may be obtained from the computer
manufacturer or the Seller.
If the Software is not capable of being assigned with the
Computer Hardware, the Buyer acknowledges that any use of the
Software may be a breach of the Software licence agreement.
If the Software is capable of being assigned with the
Computer Hardware, the Buyer acknowledges that they are bound
by terms and conditions of the Software licence agreement and
that such conditions may restrict the use of the Software.
TIME TO BE THE ESSENCE
Time shall be of the essence in the sale of any Lot and in the
performance of the above terms and conditions.
TERMS ARE STRICTLY CASH OR BANK CHEQUE BEFORE DELIVERY
