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Auction Terms and Conditions

People wishing to bid for items at an Auction must take note of the following Terms and Conditions:

  1. The highest bidder will be the purchaser, subject to Vendor acceptance, but if any dispute arises as to the last or highest bidder, at the discretion of the Auctioneer, the lot in dispute may be offered again and resold.
  2. All auction bid prices are GST inclusive unless otherwise stated or the owner of the goods is not registered for GST (in which case no GST is payable on the lot bid for). Lots to be sold on behalf of owners not registered for GST will be separately identified.
  3. The Auctioneer may refuse to accept any bid or withdraw any lot or lots from the sale.
  4. The Auctioneer may hold a bid and refer such a bid to the Vendor before acceptance. In some circumstances further negotiations may only be held with the highest bidder.
  5. The Vendor reserves the right to bid either by the Auctioneer or the Vendors agent for any lot offered. The Auctioneer has been nominated for this duty. No person will be allowed to retract his or her bid after being taken.
  6. All purchasers shall, on the fall of the hammer, if required to do so, pay to the Auctioneers a deposit of approximately 10% of the purchase price in cash or bank cheque and pay the balance in cash or bank cheque by 2.30pm the working day after the sale.
  7. In case of non-payment of such deposit, the lot or lots may at the option of the Auctioneer be put up again and resold and the defaulter’s bid at the option of the Auctioneer shall not be taken again during the sale.
  8. All lots shall be at the buyer’s risk on the fall of the hammer and neither the Vendors nor the Auctioneer shall be accountable for any deficiency, damage or loss that may arise thereafter.
  9. Stamp duty and delivery charges to be paid by the purchasers where and when applicable.
  10. The purchaser must take all goods away no later than 3.00pm on the working day after the sale. Storage charges may apply on lots which have been paid for and which remain uncollected by the working day after the sale. No parties will be allowed to remove their lots or any portion thereof, until the purchase shall have been completed and the full purchase price paid to the Vendors or Auctioneers.
  11. Ownership of a lot shall not pass to the buyer until the Auctioneer has clear title to the payment from the buyer.
  12. The Auctioneer shall not be responsible for any damage to property or injury to persons incurred during the removal of lots purchased.
  13. Upon any purchaser failing to comply with any of the above conditions any money deposited in part payment shall be absolutely forfeited and all lots not cleared may be resold and the deficiency (if any) on such resale, together with all cost and charges consequent upon such resale, shall be made good by the defaulter at this sale.
  14. All lots, having been made available for inspection prior to the auction, are offered for sale “as is, where is” with all faults (if any). To the full extent permitted by law and notwithstanding the contents of or any description given in any catalogue, advertisement, brochure 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 condition, quality, fitness for purpose, merchantability or compliance with description.
  15. To the full extent permitted by law, the Vendor and the Auctioneer will not be liable for any loss damage cost or expense suffered or incurred by a purchaser arising out of the sale and purchase of a lot. Subject to all applicable laws, any liability of the Auctioneers shall be limited to a refund or credit of the charge made for services provided by the Auctioneers.
  16. Any deficiency in the goods sold shall not vitiate the sale, but neither the Vendors nor the Auctioneers shall be bound to deliver more than is in their possession.
  17. Terms are strictly CASH and or BANK CHEQUE before delivery unless prior banking arrangements have been made.
  18. A buyer’s administration fee may be payable by the buyer on lots sold at PVAS auctions. The fee applicable to a sale is noted in the catalogue. Where a percentage is noted, the buyer’s administration fee is inclusive of GST and will be calculated on the bid price of the lot.

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Additional Term & Condition for Truck and Machinery Auctions:

In addition to the provision of Clause 14 of these conditions, the Auctioneer does not warrant that any electrical or mechanical appliance, plant and/or equipment comply with the requirements of any Federal or State Workplace Health and Safety Acts and Regulations.

Where practical to do so and where the appliance, plant or equipment may be used in a workplace as defined under any Workplace Health and Safety Act, the Auctioneer has requested the Vendor to display a statement with the various appliances, plant and equipment to indicate their present condition.

The Vendor has also been requested to supply certificates, operation manual, etc. which may exist for the particular appliance, plant or piece of equipment. The purchasers shall be responsible to ensure that the appliance plant or equipment complies with the requirements of Workplace Health and Safety Acts before it is used in the workplace or for domestic use.

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