Terms and Conditions
TERMS & CONDITIONS OF AUCTION SALE
Normans Superior Auctions
Phone: 49694555 Fax: 49694552 or www.normansauction.com
1. Subject to the Vendor having the right to bid, the highest bidder shall be the purchaser, and in the event of any dispute arising, the lot shall be put up again and the Auctioneers decision shall be final.
2. Unless otherwise specifically stated by the Auctioneer, each bid shall be at least twenty five percent in advance of the previous one, no party will be allowed to retract his or her bid after once taken.
3. The Auctioneer reserves the right to accept or refuse any bids without having to state any reasons therefore.
4. On the fall of the hammer, the purchaser shall give his or her name and place of abode and shall (if so required), immediately pay down twenty cents in the dollar in part payment of the purchase money and or complete the Memorandum of purchase from in default the lot or lots so purchased may at the Auctioneers absolute discretion be immediately put up again and resold.
5. The Purchaser shall be deemed to be the Principal unless prior to the sale he has disclosed to the Company that he will be bidding on behalf of a Principal whose name and address shall be disclosed to the Auctioneers.
6. The Purchaser and the Vendor authorise the Auctioneer and or the Auctioneers clerk to sign on their behalf the sale book which with these conditions shall accept as otherwise provided by the State or Federal Law, constitute the whole contract between the Vendor and Purchaser to the exclusion of everything else.
7. On the fall of the hammer each lot shall be at the purchasers risk and expense and except us herein before provided the same shall be paid in cash immediately on completion of the sale, and prior to delivery being made, or possession obtained by the Purchaser or his representative, prior to payment of the purchase money, then, until payment in full of the purchase money or any cheques given on account of same, the property of the lot shall not pass to the purchaser.
8. Except as otherwise provided by State or Federal Law, no condition or warranty is given or implied by the Auctioneer with any lot offered. As all lots are open for inspection prior, the commencement of the sale it is assumed goods have been inspected and are sold with faults, if any. Except as otherwise provided by State or Federal Law, no compensation shall be made in respect of any fault or error of description on any lots sold.
9. Any statement as to the quantity of goods is approximate only and is as represented to the company. The company gives no warranty and that quantities stated are correct. In addition to any other rights the purchaser may have, compensation for shortages in quantity shall be given if demanded in writing before delivery of the goods. In the event of any dispute as to compensation the dispute shall be settled by an arbitrator who shall be a person mutually agreed upon by the parties.
10. To prevent inaccuracy in delivery and inconveniences in the settlement of purchases, no lot can be removed on any account during the time of sale, however all lots must be removed within two (2) days of completion of the sale or as specified at the time of the sale.
11. If any purchaser shall fail to comply with these conditions or any of them, or if any cheque given on account of his purchase is dishonored, any monies which such purchaser shall have paid to the Auctioneer on account of his purchase or purchases shall be absolutely forfeited to the Vendors, and the Vendors or the Auctioneers shall be at liberty to sue such purchaser for damages or at their option resell the lot in any manner and upon such terms and conditions as they may think proper.
12. All losses and expenses incurred by the Vendor or the company resulting from any resale pursuant to Clause 11 hereof and all damages which the Vendor or the Company may sustain hereby shall be recoverable from the Purchaser as liquidated damages and the Vendor or the company shall not be obliged to give any notice of such resale. Without limiting the generality of the foregoing company shall be entitled in the event of such resale to:
(A) The amount of any commission lost on a purchase as the result of the purchaser not proceeding with the purchase.
(B) The costs of advertising in respect of any such purchase.
13. The purchaser acknowledges that all lots purchased are subject to a buyers premium at a rate as stated in the companies advertisement and catalogue. The buyers premium will form part of the purchase price.
14. No servant or agent of the company is authorised to waive, add to vary these conditions without the written authority of the companies Secretary or General Manager.
* All lots shall be at the risk of the purchaser immediately on the fall of the hammer.
* At the time the Auctioneer accepts a final bid, the buyer is TOTALLY committed to pay for that particular lot - quantities cannot be altered and no refunds will be given.
* The highest approved bidder, if in due time, shall be declared the purchaser subject to the reserve price, if any.
* Should any deficiency arise in the quantity of goods sold, the Auctioneer will not be bound to deliver more than what is actually in his or the Vendors possession.
15. Some computer systems may contain software, programmes and data. Ownership of these items remains with the Vendor or the Licensee of the software. Buyers should satisfy themselves as to penalties that may be applicable for unauthorised use.
16. DELIVERY - After settling your account, place your buyers number on our office whiteboard and an Auction Supervisor will assist you.* IMPORTANT NOTICE: Please read the conditions of sale in the front of this catalogue. If you buy goods here, you agree to these conditions. These conditions impose obligations and possible costs and penalties upon you.
AUCTION REGISTRATION AND PAYMENT DETAILS
All Prospective Buyers must complete a Bidder Registration Card.
All Payments are strictly cash, Cheque, Credit Card & Eftpos (All Cards 2.2% will be added), or Bank Transfer.
Bank Cheques to be made payable to NORMANS SUPERIOR AUCTIONS
ONLINE BANKING DETAILS:
Account Name: Normans Superior Auctions Trust Account
BSB: 650-000
Account Number: 961906418
Payment in full must be finalised by 12 Noon on the next business day after completion of the Auction and prior to collection of any lots.
Collection of purchase lots must be finalised within 2 working days following the completion of the Auction unless otherwise advised, or ownership will revert to the vendor.
Delivery will only be given to the purchaser or his representative of the lots at the Auction Sale. Any Transfer of lots between Buyers can only occur after the lots have been removed from the site by the purchaser at the Auction Sale.
Delivery will only be given on production of the Duplicate Copy Invoice, which acts as the delivery docket.
Absentee Bids may be left with the Auctioneers clerk by way of the Absentee's Bidders Form, which can be obtained from the sale's office.
TERMS OF AUCTION
Please read conditions of Auction listed in this catalogue.
Every item sold "As Is-Where Is"
Insurance and removal are Buyers Responsibility.
The Auctioneers make no Guarantees or Warranties, Expressed or Implied on any equipment sold.
Persons attending are notified that an Auction Site is a potentially dangerous place, Flammable, Noxious, Corrosive and pressured substances are present, heavy equipment is being operated and electronic circuits may be live. Every person at the Auction Site before, during and after the Auction sale shall be deemed to be there at his or her own risk with notice of the premises, the activities on the premises and the conduct of third parties, and any registered bidder shall so advise his agents or employees.
PLEASE NOTE
It is the responsibility of Buyers to Inspect all items before Bidding and satisfy themselves as to their condition.
BUYERS PREMIUM
A 19.5% buyers premium (GST Inclusive) + $2 Per Lot will be added
Shipping Terms
1. Bargain Hunt Auctions Pty. Ltd acts as Agents for the Seller and as such is not responsible for any default by Seller or Buyer.
2. Bargain Hunt Auctions has absolute discretion without giving any reason whatever to refuse any bid, divide any lot, to combine any lots or to withdraw any lot and in case of dispute to put up any lot for auction again.
3. All bidders must register with us prior to bidding (with proof of identification) and the highest bidder shall be the buyer at the hammer price and any dispute shall be settled at the auctioneer's absolute discretion.
4. THE BUYER SHALL PAY TO BARGAIN HUNT AUCTIONS A PREMIUM OF 23.9% ON THE HAMMER PRICE FULLY INCLUSIVE OF GST AT THE PREVAILING RATE AND THE BUYER ACKNOWLEDGES THAT BARGAIN HUNT AUCTIONS MAY ALSO RECEIVE THE SELLER'S COMMISSION DUE TO THEM.
5. All lots purchased must be paid for in full within 2 days of the date of the auction. Payment by cash, pre-approved cheque, bank transfer, debit card, credit card (Mastercard and Visa only). NOTE: credit card payments are subject to a 2% surcharge and Paypal (charges also apply for Paypal payments)
(b) Or such other period as is specified at the auction or subsequently agreed to or any cheque given on account of the Purchase Price is dishonoured, Bargain Hunt Auctions shall, without further notice to the Buyer and in its absolute discretion and without prejudice to any other rights or remedies it may have and without being bound to give any notice, be entitled to exercise one or more of the following rights or remedies:
(i) To absolutely forfeit any moneys which the Buyer may have paid;
(ii) To issue proceedings against the Buyer for damages for breach of contract;
(iii) To rescind the sale of that or any other Lot sold to the Buyer at the same or at any other auction.
(c) Any successful on-line bidders shall be liable for any additional fees including a 3% surcharge on the hammer price together with any postage and handling costs incurred.
6. The ownership of any lot purchased shall not pass to the Buyer until payment in full of the total amount due has been made to Bargain Hunt Auctions.
7. (a) The Buyer shall at his own expense take away any lot purchased at the latest within 2 days of the sale subject to payment of the total amount due in accordance with Condition 4 and 5. After which time you shall be responsible for any storage and handling charges.
(b) The Buyer shall be responsible for loss or damage to lots purchased from the time of sale and neither Bargain Hunt Auctions nor its servants or agents will thereafter be responsible for any loss or damage of any kind whether caused by negligence or otherwise while any lot is in their custody or under their control.
8. These conditions shall be governed and construed in accordance with Australian Law and all transactions to which these conditions apply and all matters connected therewith shall also be governed by Australian Law. Bargain Hunt Auctions hereby submits to the exclusive jurisdiction of The Courts and all other parties concerned hereby submit to the non-exclusive jurisdiction of The Australian Courts.
9. In these Conditions:
(a) 'Hammer Price' means the price at which a lot is knocked down by the Auctioneer to the Buyer.
(b) 'Total amount due' means the 'Hammer Price' in respect of any lot sold together with the Buyer's Premium and GST thereon referred to in Condition 4.
(c) 'Catalogue' includes any advertisement, brochure, estimate price list or other literature or publication.
10. The Purchasers will be responsible to the Vendor for any unnecessary or wilful damage that may be done by them or their servants or workmen in the removal of any of the lots sold, whether to the structure of the premises or any part or parts of the property or contents.
11. ALL ELECTRICAL GOODS ARE BOUGHT AND SOLD AS SCRAP unless otherwise stated by the auctioneer. If an electrical item is sold as 'working' and the item does not work, the buyer has to bring the item back to the auction room the Friday after the auction and a full refund will be given. If the item is received after the Friday, no refund will be given
12. The auctioneer shall have the right at its absolute discretion to refuse admission to its premises or attendance at its auctions by any person.
13. All persons attending an auction do so at their own risk and the auctioneer shall not be liable for any damage, loss or injury to person or property suffered for any cause whatsoever at any auction except insofar as the damage, loss or injury is caused by the direct negligence of Bargain Hunt Auctions.
14. Buyer's that purchase with the 'Live' internet bidding are responsible for full payment even if the lot was bid 'in error'. The buyer has to pay for the lot but is welcome to re-book the item if they do not want it and re-sell it under their own name
