1 Public Liability
1.1 Person attending the sale site, before, during or after the sale do so at their own risk. The employees or principles shall not in any way be liable for any injury sustained to any person or for damage to or loss of property whatsoever caused.
1.2 All persons attending the sale site under the age of 16 years are required to be under the supervision of an adult.
2 Registration
2.1 Prior to the sale each Bidder shall complete a Buyer’s Registration Form.
2.2 Upon the request of the owner or his or her clerk, a buyer may be required to provide his or her full name and residential address.
2.3 A buyer shall be deemed to purchase as a principal.
3 Highest bidder to be the buyer
3.1 Subject to any reserved price, the highest Bidder for each item shall be the Buyer.
3.2 Subject to condition 5 below, the entry of the Buyers name in the record or book kept by the 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 seller and the Buyer.
4 Dispute as to Bid
If a dispute arises as to any bid, the owner shall, at his or her absolute discretion, either terminate the dispute immediately or resume the bidding at the last undisputed bid.
5 Seller rights
5.1 To refuse to accept a bid or bids from any person and persons
5.2 To refuse admission or to eject from the bidding site any person and persons.
5.3 To refuse to accept any bid for an item being less than the sum nominated.
5.4 In the event that any items is not sold at the sale of each the same immediately after the sale by private sale but otherwise subject to these conditions; and
5.5 to permit the seller to make one or more offers for any item.
6 Deposit
Deposit of $150 is required for sale over $ 150 and the full amount for a sale under $150.
7 Removal of Goods
7.1 At the Buyers own cost the Buyer shall remove the item or items within the time frame specified by the seller no later than 4 p.m. on the next business day following the sale, whichever is the earlier.
7.2 The Buyer shall not remove an item during the bidding.
7.3 The Buyer is fully responsible for the expense and risk of removal of the items and for any damage to property or injury to persons caused by themselves, their agents or employee that occurs during removal of the goods.
7.4 Any part of an item which a buyer does not remove within the time frame specified in 8.1 may thereafter removed by some person, firm or company engaged by the seller and stored at the sale site elsewhere, at the direction of the seller. Such removal and storage shall be deemed to be made at the request of the buyer and all costs incurred by the seller shall be recoverable by the seller as a debt due and payable by the buyer.
8 Payment for Items
8.1 Prior to the end of the sell or at any time thereafter specified by the seller, the buyer shall pay to the seller the full purchase price for the item.
8.2 The purchase price and any part thereof shall be paid by Cash, bank cheque , Visa and MasterCard and EPTPOS.
8.3 Any balance of the purchase price shall be paid by the buyer to the seller within the time period required in these conditions to take delivery of the sold item and the buyer shall not be entitled to require the delivery of the sold item until the purchase price has been paid in full.
8.4 The seller reserves the right to restrict access to the sold item prior to being paid in full.
8.5 Title to the sold item shall not pass to the buyer until all cheques are cleared by the seller’s bank.
9 Buyer’s 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 by the Seller and the goods in respect of which the default has been made maybe resold by public or private sale or disposed of, if no longer of commercial value.
10 Time to be Essence
Time shall be of the essence in the sale of any item and in the performance of the above terms and conditions.
11 Selling Items
All Items are to be sold “ ASIS”.
12 Goods and Services Tax “GST”
GST is charged on all items. The sale is GST exclusive.
13 Loss of Deposit
If payment is not completed by 12 noon of the next day, the seller will retain the deposit as compensation for loss of business.
Dictionary
“Seller” means any person who conducts a sell by calling for bids and declaring items sold.
“Bidder” means any person who bids for an item.
“Bidder registration Form” means a name and address form to be obtained from the seller.
“Buyer” means any person who successfully bids for an item.
“Item” means any item or items with bidding number by the seller. |
