These conditions of sale constitute the entire agreement between the vendor, bidders and agents
.a) A vendor is bound by these terms and conditions by offering Goods for sale by auction.
b) An agent (includes an auctioneer) is bound by these terms and conditions by conducting an auction sale.
c) A buyer is bound by these terms and conditions by bidding at auction.
d) All intending bidders must register to the satisfaction of the Auctioneers prior to bidding at auction sale. Each sale lot is subject to a reserve price and the right to bid is also expressly reserved by or on behalf of the vendor.
A bid cannot be made or accepted after the fall of the hammer.
The highest bidder shall be the purchaser at the price called by the Auctioneer at the fall of the hammer. ln the event of a disputed bid the Auctioneer is the sole arbitrator of the successful bidder or the Auctioneer may decide, at his/her absolute discretion, to put the lot up again. The Auctioneer may refuse to accept any bid which in the Auctioneers opinion is not in the best interests of the vendor and need not give reasons for doing so. A bidder shall be deemed to be a principal unless, prior to bidding, the bidder has given to the Auctioneer a copy of written authority to bid for or on behalf of another person.The auction shall be conducted on the basis that the bid price shall be exclusive of Goods andServices Tax (GST). GST shall be added after the fall of the hammer for those sale lots subject to GST.The Auctioneer may determine rules for registration, bidding and identification and may refuse to accept any bid from any person who does not comply with such rules. All lots are sold without any warranty or representation as to title, ownership, fitness for use, safety, quality or otherwise. All lots are open for inspection prior to the commencement of the sale and are sold with all faults, if any. All conditions and warranties expressed or implied by law are excluded to the extent that the law allows. No compensation shall be given for any faults, imperfections, errors in description, number in or of any lots sold.
All lots shall be at the purchaser's risk immediately after the fall of the hammer. Such risk includes but is not limited to loss of the property the subject of the sale and any damage caused directly or indirectly by the property.
Terms are strictly cash or bank cheque inclusive of GST if applicable and payable on the day of sale. The Auctioneer may make specific alternate arrangements with individual purchasers but any such arrangements do not imply or create application generally. The purchaser is not entitled to possession of the Goods which constitute the lot until payment has been made in full and the Auctioneer has authorised release of the lot. lf delivery is made to, or possession obtained by, the buyer or its representative before full payment of the Price, then until full payment is received, the buyer:
a) does not acquire title to the Goods;
b) holds the Goods as bailee only for the vendor;
c) must act in a fiduciary capacity in its relationship with the vendor;
d) must store the Goods so that they are readily distinguishable from other Goods owned by the buyer;