ONLINE BIDDING TERMS AND CONDITIONS

1. DEFINITIONS

   ‘Agent’ means Affiliated Machinery Agents (Aust) Pty Ltd, together with its servants, agents, contractors and sub-contractors.
   ‘Auctioneer’ means Agent
   ‘Authority’ means any government, statutory or other authority or body, which has jurisdiction over the conduct of an auction or over any matter or thing which relates to auction sales.
   ‘Bid’ means an offer to purchase an item at a specified price in an Auction Sale.
   ‘Bidder’ means a person who makes a bid.
   ‘Bidder Number’ means the number given to an Intending Buyer following completion of an online registration.
   ‘Buyers Premium’ means the premium payable to the Agent by the Buyer and being specified as a percentage of the knockdown price.
   ‘Lot’ means goods auctioned as a complete and distinct item, or group of items, as identified by a Lot number in the sale/auction catalogue.
   ‘Purchaser’ means a person who purchases Goods auctioned by the Auctioneer, its servants, agents, contractors and sub-contractors.
   ‘Purchase Price’ means the price as submitted by the Purchaser and accepted by the Vendor. Such price does not include any applicable fees, commissions or taxes which may be added in addition to the Purchase Price.
   ‘Seller’ means the person or entity for whom the Auctioneer auctions Goods on behalf of, its servants, agents, contractors and sub-contractors.
   ‘Vendor’ means Seller

2. WARRANTY
   1. When you apply to become a Registered Online Bidder and/or login to bid at Auction, you agree to the following Terms and Conditions (Terms) without qualification and reservation.
   2. The Auction shall be completely and exclusively governed by these Terms which shall supersede all prior arrangements, whether written or oral, expressed or implied. By accepting these terms and conditions you warrant that you are at least 18 years of age and are able to enter into a legally binding contract
3. BIDDER REGISTRATION
   1. Bidders must be registered to participate in Online Auctions
   2. By submitting a Bidder Registration Application to the Auctioneer (or their agent BidsOnline), You represent and warrant that all information provided by You is complete and accurate, will not mislead and will not infringe any laws.
   3. The Bidder warrants the confidentiality of their login and password, and will accept full responsibility for any expenses, losses, costs or demands incurred by the Auctioneer as a result of improper or unauthorised use of login and password.
   4. The Auctioneer may accept or reject an Application in its absolute discretion by notice to You.
4. AUCTION BIDDING
   1. Each Bid submitted constitutes an irrevocable offer by the Bidder to purchase the item at the specified price which may be accepted or rejected by the Auctioneer. Once an official Bid has been made, it cannot be revoked and remains open for acceptance by the Auctioneer.
   2. All bids must be bona fide and must not be fixed or adjusted in collusion with any third party and if the Auctioneer becomes aware of any such activity, they may terminate the Bidder’s right to participate in the Auction.
   3. Subject to any reserve, the highest Bidder shall be the Purchaser upon the fall of the hammer. In the event of a dispute, the Purchaser shall be determined by the Auctioneer in such a manner as the Auctioneer in its sole discretion thinks fit and in the event that any lot is not sold, the Auctioneer may sell the lot at the Auction or as soon as practicable thereafter by private treaty under the Terms here expressed.
   4. The Auctioneer may hold a bid and refer such a bid to the Vendor before acceptance. The Auctioneer reserves the right to further negotiate with the highest bidder.
   5. All Bid prices are GST exclusive unless otherwise stated. If the item is deemed a Taxable Supply, then the GST will be added onto the Purchase Price.
   6. The Auctioneer may refuse to accept any Bid or withdraw any item from the Auction.
   7. A Buyers Premium, Administration Fee, GST and other fees may be payable in addition to the Purchase Price, by the Purchaser on goods sold by the Auctioneer, whether sold at Auction or by way of Private Treaty.
5. GENERAL
   1. All lots are sold in their current state of repair and condition at the time of the Auction/Sale with all defects and faults latent, patent or otherwise (if any). No error or misdescription shall invalidate the sale and the Purchaser shall be bound to take delivery of the goods sold without allowance or lessening in price. All lots are to be Bid for, Purchased and taken as they stand at the time of the Auction and in their present condition.
   2. To the fullest extent permitted by law or catalogues or Advertisements or electronic media promotion for the Auction are statements of opinion and are not to be relied upon as statements, or representations of fact and intending bidders must satisfy themselves by inspection or otherwise as to the nature and condition of the goods offered for sale.
6. PAYMENT & COLLECTION
   1. Payment must be paid in full and cleared funds received by the Agents into their nominated Trust Account by 2 business days following the sale date.
   2. No items are to be removed until the agent has received cleared funds.
   3. Title in the goods or any part thereof shall not be eligible to pass to the Purchaser until the Auctioneer receives clear funds on the full payment for the goods
   4. The Purchaser shall remove purchased Lots from the premises, where the goods are located, with reasonable skill, care and attention and shall bear the cost of making good any damages or injury caused to these premises as a result of removing purchased lots.
   5. The Seller has an obligation to store & maintain all sold lots until collected by the Purchaser.
   6. Any items that are not collected within 14 days after the sale date may be classed as ‘Abandoned Goods’ and the Agent reserves the right to remove or resell such items.
   7. The Purchaser shall be liable for any loss, damage or expense suffered by the Auctioneer in recovering or retaking possession of the goods or any part of them and the cost of repair or preparing the goods or any part of them for re-sale.
   8. Any loss suffered by the Auctioneer or Vendor on the re-sale of the goods or any part of them will be for the account of the Purchaser.
7. PRIVACY POLICY

   The Agent is involved in the marketing and sale of vehicles, equipment and general items. Personal Information is collected for the following purposes:

   1. as required by law to allow the company to obtain feedback on it’s internal processes;
   2. to ensure our customers are aware of all of the other services available;
   3. to ensure that where possible, the company is able to satisfy the purchasing requirements of our customers.
   4. Personal Information is only retained for the purposes set out above.
   5. All personal information is secured against access by anyone not required to use the information.
   6. All personal information collected is only for the use of the Company and it is understood that it may be disclosed to another company within the group, but at no time will personal information be disclosed to an external party without the customer’s written consent.
   7. At all times, the company will endeavour to maintain the accuracy of the information collected and up date it where possible.
   8. To assist us in this process all customers are encouraged to verify the accuracy of the information held and where necessary correct any inaccuracies.
   9. Information that may be required by law from time to time will be secured by encryption and will not be available to those using the information within the company.
8. OCCUPATIONAL HEALTH & SAFETY:
   1. The Occupational Health & Safety Act 2001 and the regulations made under the Act impose obligations in respect of safety for persons in a workplace concerning the design, manufacture, and supply of plant for use in that workplace. It is the buyers or users responsibility to make sure that the plant and equipment to be sold today is brought up to standard necessary to comply with the Act and that it is safe and fit for use in a workplace.
   2. If it is intended that the plant and equipment to be used in a workplace as defined by the Act, buyers are warned to conduct their own safety inspections of the plant and equipment hereby offered. Buyers are further warned that breaches of the Act and regulations carry very large penalties.
   3. The purchaser acknowledges that the OH&S Act, and associated Acts and Regulations impose obligations in respect of the sale or transfer of used plant and equipment for use in the workplace. The purchaser acknowledges that the Auctioneer has warned the prospective purchaser that no plant offered for sale is fit for use in any workplace (other than for scrap or spare parts) and it is the purchaser’s responsibility to ensure plant is not to be used until any faults are rectified and brought to a standard necessary to comply with the Acts and Regulations. As far as such information is available, the purchaser acknowledges that all available records in the Vendor’s possession in respect of the manufacturers design and safety recommendations have been made available, at the request of the purchaser, for inspection. Where such information and/or records are not available, the Auctioneer is not liable for the absence of such records. The purchaser warrants that they have undertaken a proper inspection of the goods and any records referred to in this clause and made all necessary inquiries in respect to records and goods.