| ||General Terms and Conditions (Registration)
This web-site is intended to be a friendly, enjoyable and useful experience, but as with anything concerning any kind of transactions there are risks involved and we strongly advise you to understand all of these terms before joining. If you spot a listing that you feel is violating the general terms and conditions of this web-site as stated below please let us know by contacting us.
Rights To Suspend or Terminate.
You agree that this web-site, in its own discretion, may terminate any auction or use of the service immediately and without notice if (a) We believe that you are not abiding by the general rules of this web-site (b) You have repeatedly broken a certain term (c) You have listed a suspicious item (d) We believe you to be a non paying bidder. In most cases when we suspect foul play we will suspend your account/listing whilst we investigate further. If our investigation is conclusive then your account with us will be terminated.
You are solely responsible for the contents of your actions through this web-site. You must ensure that your participation in the selling or buying of items does not violate any applicable laws or regulations. By this we mean that you must check that you entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation.
You must not transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation.
Membership to this web-site is only available to those you can form a legally binding contract. This web-site does not permit minors (under 18) to register. If any member fails to signup with their correct age the account will be terminated immediately.
This site acts as the window for sellers to conduct auctions and for bidders to bid on sellers' auctions. We are involved in the actual transaction between buyers and sellers. As a result, we have to control the quality, safety or legality of the items listed the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items.
This Web-site shall not be responsible for any items sold by Auction, for any damage to items during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. This web-site shall not be responsible for the cost of procurement of substitute goods or any losses resulting form any goods purchased or obtained.
This web-site assumes no liability for the content of the listings. However if you fall victim of a fraudulent transaction we will assist you as much as we can.
Terms and Conditions
Between: AuctionCentre.com.au Pty Ltd (PAMD License no. 3024795) Licensee Graham Eccles (PAMD License nos. 1000242, 1018582)
And: AuctionCentre.com.au Pty Ltd (PAMD License no. 3024795) Licensee Graham Eccles (PAMD License nos. 1000242, 1018582)
AuctionCentre believes that the following terms and conditions are vital to the successful operation of the Web Site Application and the high quality maintenance thereof for the benefit of all users.
The Buyer acknowledges that he / she accepts these Terms and Conditions by registering to Bid on the Web Site and furthermore that AuctionCentre.com.au at its sole discretion may terminate the Buyer's account and seek other remedies as provided by law should the Buyer fail to comply with the Terms and Conditions.
Only Buyers over the age of 18 years are permitted to register and bid on the Web Site. By registering the Buyer acknowledges that he / she is over 18 years of age and that he / she will be solely responsible for his / her use of the Web Site and may be treated as an adult by law for any infringement to these terms and conditions.
The Buyer acknowledges and agrees:
The highest approved bidder or Buy Out shall be the purchaser, subject to the Vendor's approval and the reserve price, if any.
The Auctioneer may at his discretion refuse to accept any bid or Buy Out from any person, and no bid or Buy Out , if accepted, shall be retracted without the consent of the Auctioneer. No Bidder shall advance a less sum or percentage at bidding than the Auctioneer is willing to accept.
A Bid or Buy Out shall be deemed to be accepted unless the Auctioneer forthwith after it has been made declares his non-acceptance or dissent and his decision shall be final.
If any dispute or difference shall arise as to the highest Bidder or Buy Out the Auctioneer may re-open the bidding and resubmit the item commencing with the highest amount previously bid for the same, or he may decide on the highest bidder. In such other manner as he in his absolute discretion shall deem fit, and his discretion shall be final.
The Auctioneer reserves the right to bid for and on behalf of the Vendor.
All items purchased on this site become the responsibility of the successful bidder on the fall of the hammer.
The terms for this auction is Electronic Transfer, however we will ask that all major items remain on the premises until such time that funds have become cleared.
All items sold on this on line auction site are sold on an as is where is basis and no warranties are given or implied unless stipulated in the individual item description.
Auction will be conducted on a GST inclusive basis, which means that GST will be included in the bid price, where GST is applicable.
To register with AuctionCentre.com.au using a true name and address and a valid email address.
That AuctionCentre.com.au owns the Intellectual Property Rights in the Application used for the provision of services and owns the Intellectual Property Rights in any databases created from the provision of services.
Not to use the Web Site for any fraudulent or illegal purpose.
Not to spam other users on the Web Site.
When bidding and or purchasing an item from the Web Site, that detail provided on the Web Site is intended as a guide ONLY and further acknowledges that he / she accepts the responsibility of evaluating items prior to bidding.
To conclude the purchase upon receiving notification from AuctionCentre.com.au that he / she is the highest bidder by submitting payment as directed by AuctionCentre.com.au by one of the options nominated.
That whilst AuctionCentre.com.au will use its best endeavours to enforce its terms and conditions over the Seller of goods listed, AuctionCentre.com.au serves only as an auctioneer for the Seller under the Property Agents and Motor Dealers act 2000 and furthermore AuctionCentre.com.au is not under any liability to the Buyer in respect of any loss or damage (including consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly in respect of services supplied via the Web Site.
That delivery of the goods purchased will be undertaken only once full and final payment of all cleared funds for the said goods has been deposited into AuctionCentre.com.au's trust account and furthermore the Buyer acknowledges that once cleared funds have been received by AuctionCentre.com.au the burden of ownership rests solely with the Buyer.
That the Buyer is responsible for any delivery costs associated to the purchase or return of the item.
Failure by AuctionCentre.com.au to enforce the terms of this Agreement at any time does not amount to a waiver of AuctionCentre.com.au's rights under these Terms and Conditions.
That the Terms and Conditions are governed by and construed according to the law of Queensland, Australia.
That if the Buyer is a company or trust the person registering on its behalf warrants that he or she is authorised and indemnifies AuctionCentre.com.au in respect of any breach or default by the Buyer herein.
That when purchasing an item from the categories within the AuctionCentre.com.au Web Site the Buyer will:
Upon receiving notification from AuctionCentre.com.au that he / she is the highest bidder, pay a deposit equal to 10% of the winning bid amount to AuctionCentre.com.au's trust account within 48 hours of the fall of the hammer and the balance be paid on or before the seventh day after the fall of the hammer.
Be granted a maximum period of seven days from close of auction to ascertain and report back to AuctionCentre.com.au if the item is deemed to be different to its description on the Web Site or if its condition is deemed to be unsatisfactory. The Buyer will not have any avenue for recourse after this seven day period.
Finalise payment as directed by AuctionCentre.com.au; OR alternately withdraw his / her bid due to reasons described in and compliant with clause 22(b), by contacting the Auction Administrator in writing at which time any deposit paid will be refunded.
Acknowledge that items purchased with safety components or components modified or missing since manufacturers' release (eg. safety guards, canopies, shields, roll cages, etc) are sold for wrecking purposes ONLY and further acknowledges that he / she will indemnify AuctionCentre.com.au from any claims, legal proceedings or litigation arising from any incident arising in connection with the use of the items purchased.
Organise delivery or freight from a company of their choice within the period of time specified by AuctionCentre.com.au and furthermore accept the responsibility of insuring the goods through loading and transit and at all times indemnify and keep indemnified AuctionCentre.com.au or their agents or employees or any other associated company against any liability in relation to accidental damage or injury incurred in relation to the relocating of any goods purchased on the Web Site.
When purchasing vehicles through AuctionCentre.com.au that require transfer of prescribed forms as required by the Property Agents and Motor Dealers Act, the Buyer acknowledges and accepts that these forms will be supplied via electronic means.
Registered Buyers acknowledge that they have expressly given permission to auctioncentre.com.au employers and staff to make contact either by follow up telephone call, fax, e-mail, or private mail in order to keep them informed on the item they have viewed or similar type equipment that they believe the Buyer would be advantaged in knowing was for sale.
From time to time items on the what offers section of auctioncentre.com.au web site may have been withdrawn with out prior knowledge to the staff of auctioncentre.com.au while every care is taken to provide accurate information on this site, in the event a customer has withdrawn an item from sale every effort will be made to assist the customer to locate a similar item however no promise or guarantee will be made by Employers or Employees of auctioncentre.com.au
Customers Buying or Selling items through auctioncentre acknowledge that all of the terms and conditions on this site are relevant in any instance including purchasing an item by way of Auction or Sale by Negotiation.
To be fair and equitable to all parties, any bidding that falls within the last 5 minutes of closing time, will extend by 5 minutes until the bidding is finished.
From the fall of the hammer, the highest bidder under the reserve will have the first right of refusal to negotiate the item. Should this bidder not wish to negotiate, they can wave this right to allow other bidders to negotiate on the item.
OCCUPATIONAL HEALTH & SAFETY ACT
The Occupational Health & Safety Act 1985 and Regulations, impose obligations inrespect of safety for workers arising out of the DESIGN, MANUFACTURE AND SUPPLY of plant for use in the workplace. The auctioneer warns buyers THAT NO PLANT OR EQUIPMENT OFFERED FOR SALE AT THIS AUCTION IS FIT FOR USE IN THE WORKPLACE AND IT IS THE RESPONSIBILITY OF THE BUYER to ensure that it is brought to a standard necessary to comply with the Occupational Health & Safety Act 1985. Buyers are warned that breaches of the Act, incur very large penalties. In the interest of the health and safety for workers, safety inspections of plant and equipment purchased at auction are recommended to be performed by authorized people or companies.
"Auction" means an online auction or sale organised and promoted by AuctionCentre.com.au through the Web Site;
"Buyer" means the person/s registered in the customer database of AuctionCentre.com.au;
"Intellectual Property Rights" includes trade marks, logos, service marks, trade names, business names, domain names, copyrights, designs, patents, inventions, processes and other technical know-how and other rights in industrial property;
"Items" means information on goods and their prices displayed on the Web Site;
"AuctionCentre.com.au" means AuctionCentre Pty Ltd ABN 63 100 189 731 or any of its associated companies or entities;
"Services" means services provided by AuctionCentre.com.au under the capacity of auctioneer as determined by the Property Agents and Motor Dealers Act 2000;
"Web" means the world wide web being a method of representing and obtaining graphical data and linking data items used by Internet users; and
"Web Site" means the Web site of AuctionCentre.com.au where the Application is provided and maintained by AuctionCentre.com.au. |