Terms and conditions
USER AGREEMENT OF Auction Onsite, Online, In-house Bidding and Consignment Remarketing Program
1. Essendon Airport Auctions Pty Ltd A.C.N. 074 034 727 trading as Eaauctions, (which includes its officers, employees, agents and permitted assigns) ("EAA" or "we" or "us") acts as agent for certain persons who offer chattels for sale ("Vendors") to persons to whom a Lot is knocked down by EAA ("Buyers") through :
(a) the conduct of live auctions at physical locations, which may be televised using facilities made available through one or more of our Websites (the "Televised Auction"); or
(b) an Internet based auction using facilities made available through one or more of our Websites ("the Online Auction").
(c) Lots and invoices under AUD $10,000 must be settled in full on the day of the sale.
(d) Lots and invoices over $10,001 or more must be paid for in full within 2 working days with a deposit of $10,000 or 25% of the toal invoice which ever is greater due on Auction day.
2. These terms ("the Terms") govern the relationship between the Vendor, the Buyer and EAA for the conduct of, and participation in, any Televised Auction or any Online Auction.
3. For the purpose of these Terms, "Website" means any website operated by or on behalf of EAA under the domain name, eaauctions.com.au or essendonairportauctions.com.au, and any new or replacement website.
4. The Vendor and the Buyer acknowledge and accept that their participation in a Televised Auction or Online Auction (whether by the person itself or by any appointee of that person) indicates the person's acceptance of these Terms (as amended from time to time).
5. You will be responsible for acquiring, maintaining and supporting all equipment, services and software necessary for you or your appointee to connect to, and participate in, the Televised Auction or Online Auction (as the case may be) at your expense.
6. You agree to comply, and to cause your appointees to comply, with any security or operational procedure that we require users to follow. Any such security or operational procedure will be displayed at the Website.
7. EAA may in its absolute discretion and without any notification to you, indefinitely or for any other period of time, suspend the provision of the Website. Further, and without limitation, EAA expressly makes no representation or warranty that the Website will be available for use by you at all times or at any particular time.
8. These Terms, including any matter relating to a Televised Auction or Online Auction will be construed in accordance with the laws of Victoria, Australia, and you irrevocably agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia and any courts that may hear appeals therefrom and agree that any proceedings commenced by you in any other Court may be permanently stayed upon application by EAA and that you shall indemnify EAA for any costs (including but limited to legal representation and all preparatory work in relation thereto) so incurred by EAA concerning such application to stay proceedings.
ONLINE TELEVISED AUCTION
Additional terms and conditions
9. The conduct of a Televised Auction will also be subject to the terms and conditions of that auction as made available to potential participants in the auction prior to it being conducted. You agree that you will be bound by, and will adhere to, those terms and conditions.
10. In order to participate in a Televised Auction, prospective Buyers must register their name, address, email address and any other details that EAA requires, and prospective Buyers must ensure that the information is accurate and kept up to date, and must promptly notify EAA through the Website's registration facility of any changes to these details.
11. In order to complete registration, prospective Buyers also must pay an establishment fee of $55.00. Provided that the prospective Buyer participates in any auction in accordance with these Terms using those same registered details, the prospective Buyer will not be required to pay that establishment fee again.
12. Except to the extent that we may provide otherwise, if you join an online auction, we will be irrevocably authorised to take an imprint of $100.00, which will be held as a holding deposit, and be refunded if you are not the successful Buyer.
Sale and payment
13. On the fall of the auctioneer's hammer for a Lot ("the Sale"), the Buyer will be required to provide a deposit (as nominated by EAA prior to the auction) in cash, bank cheque, direct debit or a credit card or debit card approved by EAA. In respect of a Buyer who participates in the Televised Auction through a Website, the Buyer's nominated credit card or debit card registered with EAA through the Website will be charged (in addition to the deposit described in clause 12):
(a) if the Sale price of the Lot is up to $2,500.00, the balance of the price to be paid; and
(b) if the Sale price of the Lot is more than $2,500.00, a further 5% of the price.
14. In the event that, subsequent to the events of clause 13, there remains a balance of the price to be paid, that balance must be in cash, bank cheque, direct debit or a credit card or debit card approved by EAA prior to delivery or collection. Title in any goods will not pass until full payment is made for the goods.
15. Prices do not include stamp duty, transfer fees or other statutory charges that may apply.
16. Within two (2) working days after the Sale, the Buyer must, unless arranged prior to bidding:
(a) pay the balance of any amount outstanding for the Lot; and
(b) subject to complying with clause (a), have the chattel collected by, or delivered to, the Buyer.
17.If the Buyer does not pay the balance outstanding for the Lot within two (2) working days after the Sale following the completion of the Sale, EAA may, at EAA's or the Vendor's discretion, do any or all of:
(a) charge the Buyer a storage fee per pallet space of $5.00 calculated daily;
(b) charge the Buyer a late payment administrative fee of 5% of the Sale price for the Lot;
(c) terminate the Sale, in which case any money paid by the Buyer will be forfeited to the Vendor;
(d) re-sell the Lot by public or private sale (with or without a reserve price); and
(e) charge the Buyer any costs connected to the re-sale process, and any deficiency (if any) arising from resale.
Buyer's premium and GST
18. This is a GST inclusive Sale.
19. Subject to all applicable laws, certain items which are exported by EAA from Australia may not attract GST liability, however such must be expressly agreed to in writing by EAA and you.
20. A nominated % stated on the homepage of the Auction will be a GST inclusive Buyers' Premium will be charged on top of the Sale or knockdown price.
21. You acknowledge and warrant to EAA that:
(a) You have the full authority to engage in any transactions you undertake with EAA.
(b) You will be liable for, and indemnify EAA for, all costs, fees, charges and other amounts that may become payable by EAA or any other person as a result of any breach set out in sub-paragraph (a) hereof.
(c) You are properly authorized to provide EAA with any information that you provide and that any representations that you make in relation to the condition of any item are true and correct and will be responsible for any costs or charges incurred by EAA in the sale and preparation of any item to be sold under the Auction, Broker, Remarketing and Consignment Programs.
(d) 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 EAA.
(e) All information you provide to EAA is true and complete in every particular.
(f) You agree you are of sound mind and body to participate in the selling or purchasing of any Lots
(g) No bids shall be accepted without a bidding Card or online registration to participate.
(h) The highest bidder shall be the Buyer. In the event of any dispute, the Buyer shall be determined by the auctioneer, in such a matter as he thinks fit.
(i) The Vendor may bid personally through the auctioneer or an agent, and may withdraw any Lot or Lots personally or through the auctioneer.
(j) The Buyer is liable for any damage to property or injury to persons incurred during the removal of a Lot or Lots purchased, including damage or injury caused by their agents, and will indemnify EAA and the Vendor for any claim arising from that damage or injury.
22. In order to participate in an Online Auction, prospective Buyers must register their name, address, email address, credit card details and any other details that EAA requires, and prospective Buyers must ensure that the information is accurate and kept up to date, and must promptly notify EAA through the Website's registration facility of any changes to these details.
23. In order to complete registration, prospective Buyers also must pay an establishment fee of $55.00. Provided that the prospective Buyer participates in any auction in accordance with these Terms using those same registered details, the prospective Buyer will not be required to pay that establishment fee again.
24. Except to the extent that we may provide otherwise, if you join an auction, we will be irrevocably authorised to take an imprint of $100.00, which will be held as a holding deposit, and be refunded if you are not the successful Buyer of the Lot.
Bidding and transacting online
25. Online Auctions for Lots will occur between a start time and finish time nominated on the Website prior to the auction. If the reserve has been met, the Lot will sell to the highest bidder when the auction finishes.
26. Registered persons may place bids for Lots in Online Auctions by using the facilities made available on the Website.
26.1 In addition to these Terms, bidding on a Lot indicates the Buyer's agreement to the terms of sale of that Lot described in the full listing for the Lot on the Website, except where those terms are illegal or in conflict with these Terms.
26.2 By entering a bid for a Lot, the Buyer is entering into a legally binding contract to purchase the Lot as the highest bidder at the end of an auction (subject to any reserve or minimum bid price selected by the Vendor).
26.3 Payment for Lots must occur through the Online Auction Service by way of credit card registered by the Buyer on the Service.
LIMITATION OF LIABILITY
27. Notwithstanding any representations made by us in respect of an item for sale in either a Televised Auction or an Online Auction ("a Lot"), all Lots are sold "as is" and prospective Buyers must satisfy themselves as to the condition of the Lot prior to bidding for that Lot. You accept that the information provided may not always be reliable, accurate or complete and you are solely responsible for any claims against EAA should the information that has been provided be proven to be incorrect or unreliable.
28. Any representations made by EAA about any item is done so as agent of the Vendor.
29. Except where expressly stated otherwise, EAA and its related bodies corporate make no warranties or guarantees in relation to its services or the conduct of any Televised Auction or Online Auction. All terms implied by law, except those that cannot be lawfully excluded, are excluded.
30. We do not represent or guarantee that the service for participating in a televised Auction or Online Auction ("the Service"), our Websites, information provided by Vendors, or any website accessible using a hyperlink from our Website will be free from errors or viruses. We do not represent or guarantee that access to the Service or our Websites will be uninterrupted. Participants acknowledge that the Service and Websites may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors including, without limitation, technical difficulties with the performance or operation of our or another person's software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.
31. We are not liable to any person for any losses, damages, liabilities, claims or expenses whatsoever arising out of or referable to use of a Service or our Websites, whether in contract, in tort (including negligence), under statute or otherwise. We are not liable to any person for any losses or expenses related to any interruption or unavailability of any Service or our Websites.
32. Where the law implies any term in these Terms that cannot by law be excluded or modified, then that term is included in these Terms, and our liability for any breach of such an implied term will be limited, at our option, to in the case of the provision of services:
(a) supplying those services again; or
(b) the reasonable cost of supplying those services again.
33. Notwithstanding anything otherwise contained in these Terms and to the fullest extent permitted by law, you irrevocably release and indemnify EAA from any claim arising from or connected to indirect or consequential loss, damage or expense of any kind or nature.
HEALTH AND SAFETY OH&S
34. All persons who enter an auction room or Vendor's premises do so at own their risk, and agree and acknowledge that there is the possibility of dangerous machinery, chemicals etc., being present. People may not be familiar with the surroundings, so please be careful.
35. Should machinery or plant and equipment still be connected to any utilities (e.g. gas, electricity, water, steam or air or any similar connections), they must be disconnected by a qualified tradesperson relating to that disconnection under the supervision a representative of EAA.
36. You acknowledge that:
(a) The law imposes obligations in respect of safety for workers arising out of the import, design, manufacture and supply of certain types of Chattel for use in a workplace.
(b) EAA have notified you that no Chattel offered for sale is fit for use in any workplace and it is your responsibility to ensure that the Chattel is brought to a standard necessary to comply with the law before using it and to carry out testing and examination to ensure it is safe and fit for use in the workplace or any other location.
(c) In so far as they are easily accessible to EAA, the relevant health and safety information prepared by the importer, designer or manufacturer of the Chattel and any records kept by previous owners of the Chattel under the law ("the information and/or records") and a copy of the relevant laws were, at your request, made available for inspection.
(d) Where no such information and/or records are easily available to EAA, you forever release and discharge EAA from any loss, injury and/ or damage which in any way results from the non-provision of such information and/ or records by EAA to you.
(e) It is your responsibility to ensure that you seek to ascertain the information and/or records and the accuracy thereof.
(f) Breaches of the law carry very heavy penalties in the interest of health and safety for workers; safety inspections of all Chattel(s) purchased must be performed by you.
(g) Where a Chattel is to be used in areas not covered by the law, you should regard that Chattel as unfit for use.
37. These Terms (together with, if applicable, any purchase order from you to EAA and/ or any invoice rendered by EAA to you and/ or any confirmation of order or other document from EAA to You) represent the entire understanding between you and EAA, and EAA may vary these Terms from time to time by making an updated set of terms and conditions available on the Website. Any new Terms take effect from the date stated or, where no date is stated, from the beginning of the next day after they become available on the Website.
38. A single or partial exercise or waiver of a right relating to these Terms does not prevent any other exercise of that right or the exercise of any other right.
39. EAA shall not be liable for any loss or expenses incurred by you caused or contributed to by the waiver, exercise, attempted exercise, failure to exercise or delay in the exercise of a right by EAA.
40. Nothing in these Terms will be construed or deemed to constitute a partnership, joint venture or employment or representative relationship between EAA and you.
41. Each obligation hereunder is a continuing obligation, separate and independent from the other obligations of the parties and survives completion of any transaction between EAA and you.
42. If any provision (or part thereof) of these Terms is invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remainder of that provision and the remaining provisions of these Terms shall not be affected and such invalid, illegal or unenforceable provision (or part thereof) is to be severed from these Terms.
43. The warranties, undertakings, agreements and continuing obligations in these Terms do not merge on completion.
44. In the interpretation of these Terms, no rule of construction applies to the disadvantage of EAA on the basis that EAA put forward these Terms or any part thereof.