Auction Terms & Conditions

Terms of Sale

1. Purchaser
   The highest bidder shall be the purchaser. The auctioneer shall be the sole judge of who was the highest bidder.
   Disputes
   In the event of any dispute, the auctioneer shall have absolute discretion to settle the dispute and may resubmit the lot for sale by auction at the sale in progress or as soon as practicable.
   3. Auction Contract
   The purchaser and vendor authorise the auctioneer to sign on their behalf the sale books, which with these conditions shall, except as otherwise provided by State or Federal Law, constitute the whole contract between the purchaser and the vendor to the exclusion of everything else.
   4. Withdrawal of Bids
   Any bid acknowledged and relied upon by the auctioneer shall not be withdrawn.
   5. Purchaser
   A. Registration Before Bidding
   Every Purchaser must, before making a bid at auction:
   i) Complete and sign a registration form
   ii) Provide identification
   iii) Read and agree to the Terms and Conditions of Sale.
   The purchaser must be over 18 years old and be legally able to enter into a contract.
   B. Purchaser to Purchase as Principal
   The purchaser shall be deemed to purchase as principal unless twenty-four (24) hours before the sale, he shall have disclosed to the auctioneer that he will be bidding on behalf of a principal and shall supply:
   (i) A duly completed registration form indicating the full name and address of his principal and
   (ii) Written and duly signed authority authorising him to bid on behalf of the disclosed principal.
   The purchaser acknowledges that notwithstanding the authority to act as an agent, the purchaser will be personally responsible for all bids and payments.
   6. Auctioneer's Rights
   The auctioneer reserves the following rights:
   (a) To accept or refuse any bid without having to state any reason
   (b) To withdraw from sale any lot described in the catalogue
   (c) To refuse any person admission to or eject him from the auction site
   (d) To keep secret the existence of a reserve price (if any) for a lot
   (e) To bid on behalf of any prospective purchaser or vendor with or without disclosure
   (f) If any lot is not sold at the auction, to offer & sell same immediately after that by private treaty.
   7. Reserve Price
   This auction sale is subject to the reserve price (if any) for each lot specified to the auctioneer by the vendor.
   8. Details of Bidders
   When called upon by the auctioneer, the purchaser shall give their full name and residential address.
   9. Payment
   (a) Payment will be paid in full through cash or credit card only and include the buyer’s premium of 22% inclusive of GST. There will be no charge for using a Master Card or Visa, but 1.5% will be applied to Amex.   
   (b) All payments will be in Australian dollars.
   (c) The purchaser shall only collect goods once payment is made in full.
   (d) Goods must be collected and paid for by 4:00 p.m. Tuesday following the auction.
   (e) Shipping at buyers’ expense.
   (f) Within Australia: Purchases will be mailed by Australia Post with a signature on delivery or by a freight carrier for bulky or heavy lots.
   (g) A $10 handling fee per lot will apply for the above service. 
   (h) Assistance is available at no charge for organising the movement of bulky or heavy lots.   
   (i) Any insurance costs will be at the buyer’s expense; the buyer will organise their insurance.
   10. Exclusion of Warranties
   The auctioneer and the vendor make no warranties and give no guarantees other than any warranties implied by common law or by any State or Federal law, the exclusion of which warranties would render this condition void or voidable or which would constitute an offence by the auctioneer or the vendor.
   All lots are available for inspection before the sale at the viewing time indicated in the catalogue and online. It at all times is assumed that the goods have been inspected. All lots are sold with all faults. No error or misdescription shall invalidate the sale, and the purchaser shall be bound to take delivery of the goods sold without allowance or abatement in price. Any deficiency in the quantity described shall not invalidate the sale. The auctioneer and the vendor shall be bound to deliver only what is in their possession.
   All statements in the auction catalogue, advertisements or brochures for forthcoming sales are statements of opinion and are not to be relied on as statements or representations of fact. All intending bidders must satisfy themselves by inspection or otherwise as to the nature of the goods offered for sale.
   No warranty shall be implied from any affirmation made at the time of sale or otherwise. Where an express guarantee or warranty (other than as aforesaid) is intended, the same shall attach and be enforceable only if reduced to writing and signed by the vendor or by the auctioneer as agent for the vendor.
   11. Knocked Down Goods at Purchaser's Risk
   (a) Each lot shall be at the purchaser's risk from the fall of the hammer.
   (b) Neither the auctioneer nor the vendor shall be accountable for any deficiency, damage or loss which may arise after the auction.
   12. Delivery & Removal
   No lot shall be removed during the sale unless the auctioneer or catalogue specifies otherwise. Every lot shall be terminated with clearance from the auctioneer or staff.
   Subject to Conditions 9 and 9A, all lots are to be delivered and the goods removed by the purchaser within the time specified in the catalogue.
   All removals shall be at the expense and risk of the purchaser. In such removal, the purchaser shall do no damage, and shall forthwith make good any damage which may be occasioned.
   All lots must be paid for and removed by 4pm Tuesday after the auction, except for those goods awaiting release removed by courier. The auctioneer may, after that, store any lot or part that so moved by the purchaser. Goods not collected within the specified time range shall be subject to a $5.00 per day storage fee payable by the buyer to Because Auctions. All costs incurred by the auctioneer concerning storage shall be immediately payable by the purchaser to the auctioneer, and the auctioneer may sue for and recover the same as liquidated damages.
   13. Ownership of Goods
   Notwithstanding Condition 12, ownership of lots sold shall not pass until payment in full of the purchase price.   
   14. Resale on Default
   Suppose the purchaser shade faults any of their obligations under the conditions. In that case, the auctioneer shall be at liberty to sue the purchaser for damages and resell the lot in any manner and upon such terms as they deem proper.        
   15. Damages on Default
   All losses, expenses and damages incurred by the vendor or auctioneer resulting from any resale under Condition 15 shall be recoverable from the purchaser as liquidated damages.
   16. Interpretation
   (a) The headings of the clauses hereof are for convenience only and do not perform part of the context; the context is to be limited in any way by reference to such headings.
   (b) 'Auctioneer' means "Because Auctions" and includes the auction person.  
   (c) 'vendor' includes the offers of a subject lot and the person or company instructing the auctioneer to offer that lot for sale, and where more than one, jointly and severally.
   (d) 'lot' includes any goods and items deposited with the auctioneer, whether on its premises or elsewhere, with a view to its sale by auction.
   17. Buyer's Premium
   A buyer's premium of 22% inclusive of GST will be added to the successful bid price and is payable by the purchaser as part of the total purchase price.
   19. Copyright
   No part of this catalogue may be reproduced, stored in a retrieval system or transmitted by any form or means without the auctioneer's written consent.
   20. Bidding. 
   (a) Bids may be made online via invaluable.com, telephone bids, absentee bidding, and from the floor.
   (b) Bids are recorded in the order they are received. Where two bids are received for the same amount, preference is given to the first bid, accepted offers from the floor.
   (c) Bids made by telephone must be confirmed in writing at least two (2) hours before the auction, as the auctioneer will not accept responsibility for mistakes.
   (d) The auctioneers reserve their rights to:
   (e) Accept bids only from established purchasers
   (f) All bids are handled in the strictest confidence.
   (g) It is acknowledged that absentee bids are the maximum figure the bidder is prepared to pay for any lot, excluding the buyer’s premium and GST. Bids of under 50% of the lower estimate will not be accepted
   22. Online Bidders
   (a) Bidders intending to bid online must register at www.invaluable.com
   (b) By registering to bid with Because Auctions, the bidder agrees to be bound by the Terms and Conditions of Sale as printed here.
   (c) Registrations are processed for approval Monday through Friday, 9AM-5PM (AEST/AEDT) only. New registrations will be approved during the auction.
   22. Online Live Bidders
   Online live bidding is available via invaluable.com. Please note that lots purchased via invaluable.com are subject to a 5% commission charge in addition to Because Auction’s 22% Buyer’s premium. Because Auction will not be responsible for any interruption, error, delay or technical difficulty affecting the online live bidding service.
   23. Disclaimer of Liability
   The purchaser acknowledges:
   (a) That the auctioneer accepts no responsibility for any errors or omissions
   (b) The Auctioneer is solely responsible for checking the bids
   (c) That bids lodged cannot be returned
   (d) That the auctioneer is not liable for any defaults of the purchaser or the vendor.