When you apply to become a Registered Bidder, you are making representations to each member of the The car auction and also agreeing to the following important conditions. You should ensure you have read this Agreement prior to registering and making any bid at a The Car Auction Sale. If you bid at any The car auction Sale you will be subject to this Agreement.

1        USE OF WEBSITE

1.1       Access to Online Sales

1.1.1       Your viewing and use of the Website and the Online Sales System is governed by and subject to You agreeing to this Agreement.

1.1.2       By applying to become a Registered Bidder, logging onto and using the Website and the Online Sales System, making or purporting to make a Bid at any Auction Sale orsubmitting or purporting to submit a Tender at any Tender Sale, You irrevocably submit that You:

(a) have read, understood and will comply with this Agreement; agree to be bound to this Agreement;

(b) have examined to the best of Your ability and knowledge all information relevant to the risks, contingencies and other circumstances affecting the Website and Online Sales System; and

(c) have had an opportunity to clarify any questions or issues in relation to the Website or the Online Sales System. You may enquire by telephoning the The car auction Service Desk on 1800 001 278 Option 3.

(d) Acknowledge The car auction as the auctioneer, is acting as an agent for the Seller. If any dispute arises in relation to the supply of an Item(s) (whether before or after The car auction has paid the Seller the proceeds of any sale) the dispute will be between the prospective buyer and the Seller and I acknowledge and agree The car auction will be excluded from any subsequent action or court proceedings. If The car auction is subsequently included in any such action or proceedings, I agree to indemnify The car auction for any liability or costs incurred by The car auction in relation to such action or proceedings, except to the extent caused or contributed to by the negligence of The car auction.

2        REGISTRATION OF BIDDERS

2.1       Bidders must be registered to participate in Sales.

2.1.1       A person may not participate in a Sale as a Bidder at an Auction or by submitting a Tender unless the person is a Registered Bidder under clause

2.2       Applications for Registration

2.2.1       You may apply to The Car Auction to become a Registered Bidder to participate in Sales by completing the online application form (Application).

2.2.2       By submitting an Application to The Car Auction, You represent and warrant to The car auction that all information provided by You to The car auction is complete and accurate.

2.2.3       The car auction may accept or reject an Application in its absolute discretion by notice to You. If The car auction accepts the application, You become a Registered Bidder for the purposes of this Agreement.

2.2.4       The car auction will require You as a Registered Bidder to provide your credit card details before providing You access to the Online Sales System. You are required to maintain current credit card details while You are a Registered Bidder.

2.2.5       You acknowledge that The car auction may in its sole and unfettered discretion carry out a Document Verification Service check on personal identifiers supplied by You at any time during or after the registration process through any of The car auction’s third party service providers (DVS Check).

2.2.6       In accepting these terms and conditions, You give consent and authority for The car auction to carry out a DVS Check on Your personal identifiers for the purposes of verifying Your identity or information supplied by You in the Application.

2.2.7       You acknowledge that The car auction is reliant at all times on information provided by You and nothing by way of The car auction conducting a DVS Check limits in any way Your obligation to provide correct and accurate information pursuant to these Terms and Conditions.

2.2.8       In the event a DVS Check results in a failure of matching results between the information supplied by You and the results of the DVS Check, The car auction may in its sole and unfettered discretion exercise its immediate termination rights as set out in clause 7.

2.2.9       If the Registered Bidder fails to comply with any of the terms and conditions, The car auction reserves the right to be reimbursed for all costs, fees and charges pertaining to an Online Sale reasonably 10/20 incurred by The car auction. The car auction may, apply these costs, fees and charges against the credit card details provided in clause 2.2.4. In the event a credit card is not available, The car auction is entitled to be paid any costs, fees and charges pertaining to the Online Sale reasonably incurred by The car auction on demand.

2.2.10   Registered Bidders have access to the Website and the Online Sales System for the purpose of participating in a Sale only and provided they comply with this Agreement at all times.

 

2.3       Use of login and password

If The car auction provides You (or an individual who You nominate) with a login and password to use the Online Sales System You:

2.3.1       Acknowledge that the login and password are for the personal use of the named entity;

2.3.2       agree to maintain the confidentiality of the login and password both separately and as a pair;

2.3.3       agree not to disclose the login or password to any other person;

2.3.4       agree, where a login and password are provided to an individual at Your request, to ensure that the individual complies with clauses 2.3.1 to 2.3.4;

2.3.5       accept full responsibility and indemnify The car auction for any expenses, loss, damage, costs, demands or liabilities incurred by The car auction directly or indirectly, out of or in connection with, the use, including (without limitation) any improper or unauthorized use of the login and password except to the extent caused by the negligence of The car auction;

2.3.6       agree to only access the Website and Online Sales System for legitimate and lawful purposes and in accordance with any instructions or directions given to You on the Website or Online Sales System from time to time; and

2.3.7       agree and acknowledge that The car auction may, in its absolute discretion, withdraw or restrict your access to the Website or Online Sales System at any time and without reason, explanation or prior notice.

3        TERMS AND CONDITIONS OF SALE

3.1       Definition of Auction or Tender Sales

Prior to the commencement of the Sale Process for an Item, The car auction may nominate that the Item is for sale by Auction Sale or Tender Sale.

3.2       Auction Sales

All Auction Sales conducted by or in conjunction with the Online Sales System are subject to the Online Auction Sales Terms and Conditions.

3.3       Tender Sales

All Tender Sales conducted by or in conjunction with the Online Sales System are subject to the Online Tender Sales Terms and Conditions.

3.4       Registration

All vehicles are sold as unregistered unless expressly stated to the contrary.

3.5       You must disclose to The car auction at the time of becoming a Registered Bidder and prior to any bidding, that there is an intention to purchase an Item for export purposes. Your ability to purchase an Item in this manner is at the discretion of The Car Auction and subject to the Seller’s consent. In the event this type of purchase is permitted you are required to comply with all legislated disclosure requirements and The Car Auction’s reasonable directions.

4        PROHIBITED CONDUCT

4.1       You agree not to do, or attempt to do, any of the following:

4.1.1       reverse engineer any aspect of the Website or Online Sales System or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area or code of the Website or Online Sales System (except as otherwise expressly permitted by law);

4.1.2       use any robot, spider, scraper or other automated means or interface not provided by The car auction to access the Website or Online Sales System;

4.1.3       extract data or gather or use information available through the Website or Online Sales System though any means not intentionally made available or provided for through the Website or Online Sales System;

4.1.4       frame any part of the Website or Online Sales System, or link to the Website or Online Sales System, or otherwise make it look like You have a relationship to The car auction or that The car auction have endorsed You or Your content for any purpose except as expressly permitted in writing by The car auction;

4.1.5       send to or otherwise impact The car auction, the Website or the Online Sales System with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware,” or other code that could adversely impact the Website or Online Sales System or any The car auction recipient; or

4.1.6       interfere with or disrupt the Website, Online Sales System or server or network connected to the Website or Online Sales System, take any action that might impose a significant burden (as determined by The car auction) on the Website or Online Sales System infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Website or Online Sales System.

5        SUSPENSION OF SERVICE

5.1       No Warranty or Representation of Availability

The car auction expressly disclaims any representation or warranty that the Online Sales System will be available for use by You at all times or at any particular time, during and for the duration of any particular Sale Process or at all.

5.2       Interruption to Service during Sale Process

If the Online Sales System is interrupted (either generally or to a particular Bidder(s) or person(s)) for any reason during a Sale Process (whether by way of suspension by The car auction under clause 5.3 or otherwise) The car auction may, but is not obliged to, declare the Sale Process void and recommence the Sale from the beginning.

5.3       Suspension of Service

5.3.1       The car auction may from time to time suspend the provision of the Online Sales System.

5.3.2       Where possible, The car auction will notify You in advance of the time and duration of any suspension of the Online Sales System, but does not represent or warrant that it will do so on every occasion, on any particular occasion or any occasion at all.

6        LIABILITY AND INDEMNITY

6.1       Necessary Authority

If You make use of the Online Sales System, whether for You or another person, You acknowledge and warrant to The Car Auction that:

6.1.1       You have the full authority to engage in the transactions You undertake;

6.1.2       You will be liable for all costs, fees, charges and other amounts which may become payable to The Car Auction or any other person as a result of the use of the Online Sales System;

6.1.3       You are properly authorized to provide The Car Auction with any information which You provide;

6.1.4       You are not breaching any obligation of confidence or any requirement of any applicable law relating to the privacy of Personal Information by providing the information to The Car Auction; and

6.1.5       all information You provide to The Car Auction is true and complete to the best of Your knowledge.

6.2       The car auction shall not be responsible for any damage to property or injury to persons incurred during the removal of Items except to the extent caused by the negligence of The Car Auction.

6.3       Subject to clause 6.5, the Registered Bidder is not entitled to cancel any transaction on the basis that the Items were not accurately described.

6.4       Subject to clause 6.5, all Items are offered for sale ‘as is, where is’ with all faults (if any).

6.5       No Exclusion of Legislation To the full extent permitted by law, and not with-standing the contents of or any description given in any catalogue, advertisement, Road Test Report, engineers’ report or other materials issued by any member of the The car auction Group, all conditions, warranties, guarantees (including without limitation as to the condition, quality, fitness for purpose, merchantability or compliance with description of an Item), rights, remedies, liabilities and other terms implied or imposed on any member of the The car auction Group by statute, custom or the common law are excluded from this Agreement. If a supply under this Agreement is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law, nothing contained in this Agreement excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits any member of the The car auction Group to limit its liability, then its liability shall be limited to:

6.5.1       in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and

6.5.2       in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.

6.6       You acknowledge that You are responsible for conducting a search of the Personal Property Securities Register (PPSR)

6.6.1       maintained pursuant to the Personal Property Securities Act 2009 (Cth) (PPSA) to ascertain whether any security interests and write off notifications are recorded in relation to the Item.

6.7       You acknowledge that any information provided by The car auction in relation to any Items reflects the information provided to The car auction by the Seller, and, The car auction has not independently verified its completeness or accuracy. The car auction does not give any warranty as to the completeness or accuracy of any information provided to You about any sale of Items, including without limitation any information in relation to the distance travelled by a vehicle or its machine or engine hours and The car auction will not be liable for any loss, damage, cost or expense suffered or incurred by a buyer arising out of incorrect or incomplete information. You agree to independently verify any information which is important to Your purchasing decision.

6.8       You acknowledge and agree that catalogues may be subject to change and update from time to time. The car auction reserves the right to withdraw Items from sale and to clarify any product descriptions prior to the commencement of bidding at auction.

6.9       Limitation of Liability

6.9.1       To the full extent permitted by law and subject to clause 6.5, neither the Seller nor The car auction will be liable for any loss, damage, cost or expense suffered or incurred by a buyer arising out of the sale and purchase of an Item except to the extent caused by the negligence of The car auction, or a breach of this Agreement by The car auction.

6.9.2       Subject to clause 6.5, You agree and acknowledge that no member of the The car auction Group accepts any liability or responsibility to You or any third party arising from any indirect or consequential loss, damage or expense of any kind or nature and You release and forever discharge each member of the The car auction Group from any such liabilities and any claims, demands or causes of action in respect thereof.

6.9.3       Subject to clause 6.5, no member of the The car auction Group accepts any responsibility for any interpretation which may be placed upon the information provided to You.

6.9.4       Subject to clause 6.5, any deficiency in the Items sold shall not vitiate the sale, but neither the Seller nor The car auction shall be bound to deliver more than is in their possession.

6.10    Indemnity

Subject to clause 6.5, You agree to indemnify each member of the The car auction Group for the full amount of any claim, suit or demand and all costs of such a claim, suit or demand (including, without limitation, legal costs on a full indemnity basis) made by You or any other person in relation to a Sale or Your use of the Online Sales System or the Website. This clause 6.10 survives termination of this Agreement for any reason and does not merge upon completion.

6.11    Circumstances beyond The car auction Group’s reasonable control

No member of the The car auction Group is responsible for or otherwise liable for any delay in, or failure of, performance to the extent that any delay or failure is due to circumstances beyond its reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

7        PRIVACY

7.1       The car auction protects the privacy of individuals in accordance with the Privacy Act 1988 (Cth) (PrivacyAct).

7.2       You agree that You will only collect, hold, use, disclose or otherwise deal with any personal information (as defined in the Privacy Act) (Personal Information) disclosed to You by The car auction or the Seller for the purpose in which it was disclosed.

7.3       The Personal Information collected from you at the time of registration and otherwise in connection with this Agreement is collected by The car auction for the purpose of complying with this Agreement and may be disclosed to the Seller, The car auction’s related bodies corporate and other third parties (such as delivery contractors and roads and licensing authorities for this purpose). The car auction is required and/or authorised to identify the buyers and sellers of vehicles under applicable Commonwealth, State and Territory legislation including the Motor Car Traders Act, Australian Consumer Law and Fair Trading Act and Unclaimed Money Act. Details are available in The car auction’s Privacy Policy which may be accessed at www.thecarauction.com.au.

7.4       It is not likely that the Personal Information collected at the time of registration and/or updated by You hereafter and otherwise collected in connection with this Agreement will be disclosed to any third parties located overseas.

7.5       If the Personal Information requested at the time of registration is not provided, You may not be able to bid or purchase Items from The car auction.

7.6       The car auction’s Privacy Policy contains information about how individuals may:

7.6.1       Access and correct the Personal Information held about them by The car auction;

7.6.2       complain to The car auction about a breach of privacy and how The car auction will deal with such a complaint.

7.7       Any queries about privacy can be directed to The car auction’s Privacy Officer, PO Box 34 Altona North, Victoria 3025, by email at privacy@the car auction.com.au or by telephone on (03) 9922 6555.

8        TERMINATION

8.1       Termination by The car auction

8.1.1       The car auction may terminate this Agreement and cease to provide access to the Online Sales System to You for convenience by giving reasonable notice to You.

8.1.2       Without limiting any other right of The car auction, The car auction may terminate this Agreement:

(a) immediately if The car auction reasonably suspects You have engaged in fraudulent or illegal conduct in relation to the auction;

(b) Subject to clause 8.1.2(a), if You breach this Agreement and:

i. fail to rectify the breach as directed by The car auctionwithin a reasonable time period specified by The car auction (which need not be more than 2 Business Days); or

ii. the breach is incapable of remedy

8.2       Termination by You

You may cease to remain a Registered Bidder by notice in writing by email via the website account or by mail to The car auction, provided that You do not have any active or outstanding Bid or Tender in the Online Sales System. Any purported termination of this Agreement by You does not release You from, or affect, any accrued obligation under this Agreement.

8.3       Consequences of Termination

Upon termination of this Agreement:

8.3.1       You must immediately cease to use the Online Sales System;

8.3.2       If the termination is for default by You, any amounts You owe to The car auction, whether under this Agreement or otherwise become immediately due and payable; and

8.3.3       You must destroy or delete any copy of the Online Sales System or any information collected from the Online Sales System You have in Your possession or under Your control.

9        GENERAL

Notices

9.1.1       The car auction may give You notice of any matter or thing required or permitted to be notified to You under this Agreement by either:

(a) sending You an email to an electronic mail address nominated by You; or

(b) posting the notice to the Website.

9.1.2       Such notice takes effect and is deemed served from the time the electronic mail message leaves the The car auction system or is visible on the Website, as the case may be.

9.2       Governing Law

Except to the extent any specific State, Territory or Commonwealth laws applying to the sale of particular Item, this Agreement shall be governed by and construed in accordance with the law for the time being in force in Victoria and the parties submit to the non-exclusive jurisdiction of the courts of  Victoria.

9.3       Personal Knowledge

A reference to a matter being to the knowledge of a person means the matter is to the best of the knowledge and belief of the person after making proper enquiry including enquiry which a reasonable person would be prompted to make by reason of knowledge of a fact.

9.4       Severance

If any provisions of this Agreement are found to be invalid or unenforceable, then that provision will be read down or severed and that invalidity or unenforceability does not affect the validity or enforceability of the other terms and conditions.

9.5       Whole Understanding

This Agreement represents the entire understanding between You and The car auction.

9.6       Variation of this Agreement

9.6.1       The car auction may amend this Agreement (including any fees charged by The car auction to You) at any time by giving You at least 30 days’ notice, either by sending a notice of variation to your email or postal address (as set out at the time of your registration) or by posting the notice of the variation to the Website (Notice of Variation).

9.6.2       If You do not agree to be bound by the varied Agreement, You may, subject to clause 7, terminate this Agreement by notifying The car auction in writing within 30 days of the Notice of Variation.

9.6.3       If You do not notify The car auction within 30 days of a Notice of Variation that You wish to terminate this Agreement, You agree to be bound by the Agreement as varied.

9.7       Waiver and Exercise of Rights

9.7.1       A single or partial exercise or waiver of a right relating to this Agreement does not prevent any other exercise of that right or the exercise of any other right.

9.7.2       Subject to clause 6.5, no party will be liable for any loss or expenses incurred by another party caused or contributed to by the waiver, exercise, attempted exercise, failure to exercise or delay in the exercise of a right

9.8       No Relationship

No party to this document has the power to obligate or bind any other party. Nothing in this document will be construed or deemed to constitute a partnership, joint venture or employee, employer or representative relationship between any of the parties.

9.9       Survival of Indemnities

Each indemnity in this document is a continuing obligation, separate and independent from the other obligations of the parties and survives termination of this document.

9.10    Enforcement of Indemnities

It is not necessary for a party to incur expense or make payment before enforcing a right of indemnity conferred by this document.

9.11    No Merger

The warranties, undertakings, agreements and continuing obligations in this document do not merge on completion.

9.12    Rule of Construction

In the interpretation of this document, no rule of construction applies to the disadvantage of the party preparing the document on the basis that it put forward this document or any part of it.

9.13    Interpretation

In this Agreement, a reference to a statute includes regulations

under it and consolidations, amendments, re-enactments or

replacements of any of them.

10   DEFINITIONS

In these terms and conditions, unless expressed or implied to the contrary:

Agreement means this document and includes all Schedules and Annexures to it.

Online Auction Sales Terms and Conditions means the terms and conditions under which Auction Sales under this Agreement will be conducted as set out in Annexure A.

Auction Sale means a sale or prospective sale by auction of an Item conducted by way of the Online Sales System in accordance with this Agreement including the Online Sales Terms and Conditions.

Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Bid means an offer to purchase an Item at a specified price in an Auction Sale.

Bidder means a person who has made or purported to make a Bid.

Business Day means a day that is not a Saturday, Sunday, public holiday or bank holiday in Victoria, Australia.

Buyer Administration Fee also referred to as Buyer Auction Fees means fees payable by Buyer on successful bid,

Item means any good made available for purchase by Auction Sale or Tender Sale under the terms of this Agreement.

The car auction means The car auction Pty Ltd

The car auction Group means The car auction and each related body corporate (as that term is defined in section 50 of the Corporations Act 2001 (Cth) of The car auction and any agent, officer or employee of any of them. Offer means a response to a Tender.

Online Sales Terms and Conditions means the terms and conditions under which Auction Sales under this Agreement will be conducted as set out in Annexure A.

Online Sales System means the online system used by The car auction to perform Sales online.

Online Tender Sales Terms and Conditions means the terms and conditions under which Tender Sales under this Agreement will be conducted as set out in Annexure A.

Registered Bidder means a person who has agreed to be bound by the terms of this Agreement and been accepted by The car auction to participate in Sales under clause 2.

Sale means a sale, agreement to sell or prospective sale of an Item by Auction Sale or Tender Sale under this Agreement.

Sale Process means the process by which an Auction Sale or Tender Sale is conducted until the successful buyer’s Bid or Tender (if any) is accepted by or on behalf of the Seller of the Item or the Item is withdrawn by The car auction.

Security Interest means ‘security interest’ as defined in the Personal Property Securities Act 2009 (Cth) and any regulations under that Act.

Seller means the person selling an Item.

Tender means an offer to purchase an Item at a specified price in a Tender Sale.

Tender Sale means a sale or prospective sale of an Item by tender conducted by way of the Online Sales System in accordance with this Agreement including the Online Sales Terms and Conditions.

You and Your means the user of the website or the person using the Online Sales System including, without limitation, a Registered Bidder.

Website means this Website, located at the uniform resource locator http://www.thecarauction.com.au, and includes any part of this website.

 

ANNEXURE A – ONLINE AUCTION SALES TERMS AND CONDITIONS

Unless otherwise defined, a defined term in these Online Auction Sales Terms and Conditions has the same meaning given to it in the Terms and Conditions for Online Bidding & Sales

CONDUCT OF SALE

  1. Registered Bidders may submit Bids for Items offered for Auction Sale by proxy set prior to, or during the auction period Sales Process by using the Online Sales System. This is performed onthis Website by submitting a “Submit Bid” request.
  2. By submitting a bid at an auction, the Bidder accepts and agrees to be bound by this Agreement and any special conditions announced by the Auctioneer prior to the auction.
  3. A Bid will only be accepted by the auctioneer if it is higher than the preceding Bid.
  4. The Online Sales System may incorporate a proxy bidding facility. The proxy bidding facility allows Registered Bidders to enter a maximum Bid amount for a particular Item, and an incremental Bid amount which the proxy bidding facility will automatically submit, to the Online Sales System on the Registered Bidder’s behalf in response to a higher Bid submitted by another Bidder for that Item, until the maximum Bid amount specified by the Registered Bidder is reached.
  5. Each Bid constitutes an irrevocable offer by the Bidderto purchase the Item at the specified price which may be accepted or rejected by the Seller or The car auction. Once an official Bid has been made, it cannot be revoked and remains open for acceptance by the Seller or The car auction until the Sale Process is completed, despite any subsequent higher Bid being made.
  6. All Bids submitted must be bona fide and must not be fixed or adjusted in collusion (or otherwise in accordance with any arrangement or agreement) with any third party (including but not limited to providing information relating to intended Bids or attempting to manipulate the Sale Process in any way, or otherwise contravene or attempt to contravene Part IV of the Competition and Consumer Act 2010 (Cth)).
  7. A Bid is taken to be a representation and warranty by the Bidder that the Bid is a genuine offer to purchase the Item at the price specified. If any member of the The car auction Group becomes aware of any form of collusive activity by a Registered Bidder, The car auction may terminate the Registered Bidder’s right to participate in the Sale Process, or if the Registered Bidder’s Bid has been accepted by The car auction, The car auction may terminate any contracts that were entered into by the Registered Bidder relating to theBid.
  8. The auction period for an Item is completed upon the acceptance and declaration by The car auction of the highest Bid, whether by fall of the hammer or otherwise at the time and date nominated for that Item in the Online Sales System (Auction Close).
  9. The Bidder submitting the Bid which at the end of the auction period is accepted and declared the highest bid, will be the buyer at the price specified in the Bid, subject to Seller acceptance. If any dispute arises as to the last or highest Bidder, The car auction at its sole discretion, may auction or re sell the item again or negotiate with the next highest Bidder.
  10. The car auction may hold a Bid and refersuch a bid to the Seller before acceptance. The car auction reserves the right to further negotiate with the highest Bidder.
  11. All Bid prices are GST inclusive unless the owner of the Items is not registered or required to be registered for GST (in which case no GST is payable on the sale of the Item). Items to be sold on behalf of owners not registered or required to be registered for GST will be separately identified in the Online Sales System.
  12. The car auction may refuse to accept any Bid or withdraw any Item from the Auction Sale.
  13. If You engage in any disruptive, abusive or intimidating behavior towards The car auction or its personnel, without limiting any of its other rights, The car auction may refuse to permit You to participate in any auction and terminate this Agreement with immediate effect. Termination by The car auction does not release You from, or affect, any accrued obligation that You may have under this Agreement.

PAYMENT AND DELIVERY

  1. If applicable, Bidders agree that The car auction is authorised to debit the Bidders debit card, credit card or PayPal account (whichever has been supplied and nominated) for a deposit in the event that the Bidder is the successful Bidder for an Item. Item Value: up to $500 – no deposit taken; Item Value $501 to $10,000 – deposit of $500 or 10% (whichever is higher); Item Value over $10,000 – deposit of $1,000, together with any applicable online payment fee. If there are insufficient funds in the Bidders account The car auction reserves the right to resell the Item and charge the Bidder an administration fee. If the Bidder fails to make full payment by 4.00pm one Business Day after the sale, The car auction may charge and the Bidder must pay to The car auction a reasonable late payment fee, that reflects the costs incurred by The car auction as a result of the late payment. Note, payments made by credit card and PayPal attract a surcharge fee.
  2. In the case of non-payment of such deposit by a Bidder (Defaulter), the Item or Items may, at the option of The car auction, be auctioned or resold and The car auction may in its discretion, refuse to accept any Bid made by the Defaulter.
  3. A buyer’s administration fee (also referred to as buyer auction fee) and other fees may be payable by the buyer on Items sold by The car auction. The buyer’s administration fee and other fees applicable to an Item are described in the Online Sales System. Where a fixed dollar amount is specified, the buyer’s administration fee and other fees are inclusive of GST. Where a percentage is noted, the buyer’s administration fee is inclusive of GST and will be calculated on the purchase price of the Item.
  4. Stamp duty is to be paid by the buyers where and when applicable under the relevant law.
  5. Title in the Item or any part thereof shall not be eligible to pass to the buyer until The car auction receives clear funds on the full payment for the Item from the buyer. Full payment is due and payable by 4:00pm one Business Day after auction. A failure to make full payment by 4:00pm one Business Day after auction may incur a late payment fee.
  6. Risk of damage to, and loss or destruction of, the Item shall pass to the buyer immediately on the acceptance and declaration by The car auction of the highest Bid, whether by fall of the hammer or otherwise at the time and date nominated for that Item by The car auction. Subject to clause 6.5, neither the Seller nor The car auction shall be accountable for any deficiency, damage or loss, which may arise thereafter.
  7. The buyer will not be allowed to collect an Item or any part of an Item until The car auction has clear funds in accordance with paragraph 18 of this Annexure A. All Items must be removed from the nominated storage premises by the buyer no later than 4.00pm one Business Day after Completion. Storage charges (that reflects the costs incurred by The car auction as a result of the late collection) may apply on Items which remain uncollected after 4.00pm one Business Day after Completion.
  8. The Registered Bidder is responsible for the payment of all delivery charges, if applicable.
  9. The Buyer acknowledges and agrees that state legislation may require vehicles to be quarantined where they have been transported from interstate. Unless expressly agreed with the Seller or The car auction, the buyer bears sole responsibility for compliance and all costs (including regulatory fees charged by quarantine authorities) associated with satisfying State or Federal legislation concerning the quarantine of Items
  10. If a Registered Bidder fails to comply with any of the terms and conditions in this Annexure A, to the maximum extent permitted by law, any contractual right to be repaid for any money deposited by the Registered Bidder in part payment pursuant to paragraph 14 of this Annexure A shall be forfeited and all Items may be resold. The defaulting Registered Bidder will reimburse The car auction for all costs and charges consequent upon such resale.
  11. At any time The car auction may, without any demand or notice, set off and apply any money deposited by the Registered Bidder pursuant to paragraph 14 of this Annexure A or any other indebtedness it owes to a Registered Bidder against any money owing to it by a Registered Bidder under this Agreement, whether or not the amount owed by The car auction or a Registered Bidder is immediately payable. The Registered Bidder irrevocably authorizes The car auction to do anything necessary for that purpose.
  12. If the Registered Bidder is in possession of the Item and The car auction is required to refund the price of the Item (or the price less any deposit) to the Registered Bidder for any reason (including without limitation, at the request of a credit service provider used by the Registered Bidder to purchase the Item), title in the Item passes back to The car auction and the Registered Bidder will at its cost return the Item to The car auction within seven (7) days of receiving written notice from The car auction to do so, failing which (and to the maximum extent permitted by law):
  13. The Registered Bidder irrevocably consents to The car auction seizing possession of the Item, and in doing so irrevocably authorizes The car auction to enter into any land or premises of the Buyer or to which the Buyer has a right of entry, for the sole purpose of taking or collecting the Item; and
  14. The Registered Bidder agrees that:

(i) the costs incurred by The car auction in both refunding the price to the Registered Bidder;

(ii) the costs incurred in repossessing or attempting to repossess the Item; and

(iii) the price of the Item if The car auction is not able to or otherwise does not repossess the Item, become a debt immediately due and payable to The car auction, with daily interest accruing on the debt at a rate of either 12% per annum or otherwise the maximum rate permitted by law (whichever is higher).

ROAD TEST REPORTS

  1. Road test reports (excluding Truck & Machinery Auctions and Salvage Vehicle Auctions), may be prepared by or on behalf of The car auction as a result of a brief road test undertaken prior to auction, and are intended as a guide only (Road Test Report). Road tests are not performed on Items unless expressly stated in writing prior to the auction and if conducted, are done at the absolute discretion of The car auction. No warranty or guarantee concerning known or unknown faults is given or implied in relation to the Item the subject of the Road Test Report. The report covers no items capable of visual inspection. Vehicles sold with a Road Test Report are still sold subject to clause 6.4

CANCELLATION DUE TO ERROR

  1. The car auction has the right to cancel any purchase transaction due to error even if the purchase price of the Item has been paid. The car auction may exercise this right up until the time the buyer collects the Item(s). If The car auction exercises this right, The car auction will refund to the buyer any purchase price that the buyer has paid.

ADDITIONAL TERM AND CONDITION FOR TRUCK AND MACHINERY AUCTIONS, OR WHERE VEHICLES ARE PURCHASED FOR BUSINESS USE

  1. The car auction does not warrant that any electrical or mechanical appliance, plant and/or equipment (collectively, Plant and Equipment) complies with the requirements of any Commonwealth, State or Territory occupational health and safety laws (OHS Laws). Where practical to do so and where the Plant and Equipment is likely to be used in a workplace, The car auction has requested that the Seller display a statement on the Plant and Equipment to indicate the safety condition of the Plant and to supply certificates, operational manuals, etc, which may exist for the particular Plant and Equipment. If the Plant and Equipment purchased does not include this information, upon the request of a buyer, The car auction will use its reasonable efforts to obtain this information from the Seller. By law, a buyer of any Plant and Equipment for use in a workplace must ensure it complies with OHS Laws before it is used. Heavy penalties apply for non compliance. A summary of the occupational health and safety requirements in the Registered Bidder’s state or territory is available from The car auction.

ADDITIONALTERM & CONDITION FOR SALVAGE VEHICLE AUCTION OR NON-MOBILE VEHICLES:

  1. Subject to clause 6.5 and in addition to clause 6.4, The car auction does not accept any responsibility for damage sustained to auction vehicles or equipment through the normal use of forklifts or other equipment to load, unload and shift damaged and non-mobile vehicle.