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Terms and Conditions

Terms and Conditions for BIDDERS and BUYERS


Xoox Pty Ltd trading as auctionaus 
You must register at each auctionaus auction to obtain a bidders number. You must fill in the registration form with your; name; address; photo ID number; phone number and email details. You must sign to say your details are correct and that you agree and accept these terms and conditions. You can then collect your bidder’s number and participate in the auction. WARNING; by signing the registration form, you agree and accept these terms and conditions.
WARNING – WARNING –WARNING, if you do not agree with these terms and conditions, then DO NOT SIGN. By not signing and not agreeing with these terms and conditions, means you are not able to participate in the auctionaus auction.
1. Item or items for sale at an auctionaus auction. Each item separately auctioned; or multiple items auctioned as one lot; are a separate contract of sale each time.
2. The auctioneer is an agent only and sells on behalf of the vendor. The auctioneer is not responsible for any statement or omission by the vendor. 
3. WARNING, YOU BUY AS IS WHERE IS. There are no guarantees or warranties, as all items are second hand. The auctioneer is not liable for fault, defect, damage, miss-description, authenticity or genuineness. You must inspect all items before bidding, as it is your responsibility to see with your own eyes as to what you are bidding on and to determine the condition of an item you are bidding on.
4. The buyer of an item is the bidder advancing the highest bid at the ‘fall of the hammer’ or announcement ‘sold’by the auctioneer, subject to any reserve price set by the vendor. If there is a dispute in the bidding the auctioneer shall determine a decision.
5. An item may have a price reserve set by the vendor. The reserve is confidential between the vendor and auctioneer. The auctioneer will announce an item has a reserve before auctioning it.
6. The auctioneer reserves the right to bid on a reserved price item on behalf of the vendor. The auctioneer is expressly instructed to cease bidding on the vendor’s behalf once the reserve price has been obtained. If the auctioneer does NOT announce an item with a reserve, then the item is unreserved and sold to the highest bidder. IF the whole auction is advertised as a ‘no reserve auction’, then all items cannot have a reserve price.
7. The auctioneer solely has the right to withdraw an item at any time before that item is put up for auction.
8. The auctioneer expressly has the right to refuse any bid or bidder and to exclude any person from the bidding for any reason. And without giving a reason.
9. The buyer must pay in full, for all items purchased before leaving the auction on auction day. 
10. Auctionaus must give you a tax invoice for payment purposes. The tax invoice will be receipted as paid and becomes your proof of payment.
11. Payment can be either by; cash notes; cash cheque (cheque must be made to CASH); andMaster Card or Visa Card. 
12. No Merchant Fees are charged on Master Card and Visa Card. Any Merchant fees or electronic Transaction fees are paid by auctionaus. The Buyers Premium covers these fees.
13. The title of ownership stays with the vendor until the item is paid for in full, including GST and buyers premium.
14. If a buyer defaults or refuses to pay for an item, they will be considered in serious breach of these Terms and Conditions. WARNING; legal proceedings may be instigated and all cost to recover payment will be assigned to the buyer.
15. WARNING; an item taken from the auction by any person (buyer, bidder or otherwise) without being paid for, means title of ownership has not passed on as per point 13. And will therefore be treated as theft and reported to police.
16. On the fall of the hammer, the buyer is responsible for security of an item and can take possession of an item. However payment and title of ownership is subject to point 13.
17. GST on an item will be announced prior to the item being put up for auction. GST is calculated on the knock down price and added on top of the knock down price. WARNING; GST is NOT included in the knock down price. The GST amount on an item is shown separately on your receipt of payment. The receipt is also a Tax Invoice for GST purposes.
18. Buyers Premium. Each item attracts a premium of 10% of the knock down price and is added on top of the knock down price, GST is inclusive. This GST is shown separately on your receipt of payment. 
19. Pursuant to the Occupational Health and Safety Act 1995 and Regulations, imposes laws on employers that Plant & Equipment is safe for use in the work place. An item at an auctionaus auction must be considered as unsafe and non compliant to the Occupational Health and Safety Act 1995. WARNING; Therefore buyers who intend on using an item in their workplace must have the item tested and repaired and made compliant for use, before it is used in the work place.
20. auctionaus will only take bids from bidders attending in person at the auction and treat expressly with that bidder at the auction.
21. A bidder in attendance at the auction may bid& buy on another person’s behalf, subject to point 4. & 13. & 14. &20. WARNING; therefore, the bidder in attendance at the auction is the buyer and auctionaus expressly treats with that person as the buyer as per point 4 & 13 & 14 & 20. In other words; if you bid on another person’s behalf, it’s your business with the other person. Nothing to do with auctionaus.

Terms and Conditions for VENDORS and SELLERS


Xoox Pty Ltd  T/as  auctionAUS   
VENDOR AGREEMENT & CONTRACT - General Auction Terms & Conditions
By signing this document you agree, you have read and understood the auctionAUS Terms & Conditions.
By signing this document you agree to all the Terms & Conditions for auctioning your items with auctionAUS.
1. The vendor is exclusively contracting auctionAUS to conduct a clearing sale of item or items. The description ‘item’ includes all, plant & equipment, machinery, goods, chattels and services.
2. ITEM OR ITEMS FOR SALE AT AN auctionAUS AUCTION: Each item separately auctioned; or multiple items auctioned as one lot; are a separate contract of sale each time.
3. AGENT:
  3.1 Auctionaus acts solely as agent for the vendor, for the purpose of selling the vendors items. 
  3.2 As agent, auctionaus can only pass on proceeds ($amounts) that are paid by the buyer. NOT unpaid money.
4. OWNERSHIP & CLEAR TITLE:
  4.1 The vendor must sign a Declaration of ownership and that items have clear and unencumbered title to be sold.
  4.2 The vendor must produce a signed copy of Power of Attorney, or proof of Executor to a Deceased Estate, or document with legal authority to sell.
  4.3 The vendor must satisfy all inheritance and gifted claims by any benefactor or person before signing this document. Therefore upon signing, all such claims on an item are expressly negated. Note as to rights of possession at point 9.
  4.4 The vendor must reasonably warn any person that taking an item once it is consigned and contracted to auctions for sale, is an illegal offence. And may be reported to police as theft.
  4.5 The title of ownership stays with the vendor until the item is paid for in full by the buyer.
5. KNOWLEDGE OF ITEM:
  5.1 The vendor must state all knowledge of an item, when asked. auctionAUS are not responsible for any statement or omission by the vendor. 
6. TIME, DATE & VENUE:
   6.1 The vendor agrees, auctionAUS decides the time, date and venue an item is sold.
7. SOLD:
  7.1 An item is ‘sold’ when the auctioneer says ‘sold’ or in a customary way indicates ‘sold’ or at the fall of the hammer. NOT ownership and title as per point 4.5
8. AUCTIONEER REFUSING A BID:
  8.1 The auctioneer expressly has the right to refuse a bid or bidder and to exclude any person from the bidding for any reason. Without giving a reason. 
9. POSSESSION:
  9.1 The vendor consigns all rights of possession of an item to auctionAUS. NOT ownership and title as per point 4.5 
  9.2 The vendor accepts, possession of an item will pass to the buyer when the item is sold. NOT ownership and title as per point 4.5.
  9.3 On the fall of the hammer, the buyer is responsible for security of an item and can take possession of an item. NOT ownership & title as per 4.5.
  9.4 If a vendor reposes an unreserved item before auction; a $50 fee or 5.5% commission is charged, whichever is the greater.
10. WITHDRAWAL: 
  10.1 The auctioneer solely has the right to withdraw an item at any time before that item is put up for auction.
11. HIGHEST BIDDERE IS BUYER:
  11.1 The buyer of an item is the bidder advancing the highest bid for an item, subject to any price reserve.
  11.2 If there is a dispute in the bidding the auctioneer shall determine a decision.
12. RESERVES:
  12.1 An item may have a price reserve set by the vendor. The reserve is confidential between the vendor and auctioneer. The auctioneer will announce an item has a reserve before auctioning it.
  12.2  If a reserved price item is unsold a 5.5% fee of the reserve is charged by auctionAUS.
  12.3 The auctioneer reserves the sole right to bid on a reserved price item on behalf of the vendor. The auctioneer is expressly instructed to cease bidding on the vendor’s behalf once the reserve price has been obtained
  12.4 If the auctioneer does NOT announce an item with a reserve, then the item is unreserved and sold to the highest bidder. IF the whole auction is advertised as a ‘no reserve auction’, then all items cannot have a reserve price.
13. PAYMENT:
  13.1 The vendor is responsible to pursue and collect any unpaid money by a buyer.
  13.2 The buyer must pay in full, for all items purchased before leaving the auction on auction day.
  13.3 Payment can be either by; cash notes; cash cheque (cheque must be made to CASH); and Master Card or Visa Card. 
  13.4  No Merchant Fees are charged on Master Card and Visa Card. Any Merchant fees or electronic Transaction fees are paid by auctionAUS. 
14. GST:
  14.1  GST on an item will be announced prior to the item being put up for auction.
  14.2 GST is calculated on the knock down price and added on top of the knock down price.
15. COMMISSION:
  15.1  Commission is calculated at 15% of the knock down price of an item exclusive of GST.
  15.2  Commission and GST and any other charge as per this agreement, are deducted from the total auction proceeds. With the balance of proceeds paid to the vendor.
  15.3  auctionAUS will account to the vendor with an itemised and balanced account. Showing all item sales separately. Also showing GST amounts where applicable. 
16. VENDOR BIDS PROHIBITED:
  16.1 The vendor is prohibited from bidding on their own items. Nor to direct another bidder to bid on their behalf.
  16.2 The vendor is prohibited from halting an auction of their item.
  16.3 auctionAUS will only take bids from bidders attending in person at the auction and treat expressly with that bidder at the auction. auctionAUS will not take phone bids, nor absentee bids.
17. ADVERTISING:
  17.1  Advertising costs; are shared by every vendor in the auction, on a % basis. The vendor’s percentage of the auction proceeds  is used to calculate the percentage of the advert cost to the vendor. auctionAUS does NOT charge more than the advertising cost.

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