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Terms & Conditions

BUYERS PREMIUM MEANS RELEVANT PERCENTAGE ON THE FOLLOWING SCALE:

$0 - $10,000 = 11%

$10,000- $50,000= 7.5%

$50,000- $100,000 =5%

 

ANY PARTICIPATION IN AUCTIONS OR CLEARANCE SALES CONDUCTED BY FIRST RATE ENTERPRISES PTY LTD TRADING AS FIRST CHOICE AUCTIONS, EITHER AS A BUYER OR VENDOR WILL CONSTITUTE ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS: 


FOR THE BUYER (SALE AND  PAYMENT)

 

  1. Upon registration bidders must provide their full name and address,  phone number, and proof of identification (Australian passport or driver's licence). 

  2. First Choice Auctions  will accept Cash, Eftpos or Credit Card payment. Fees will apply to Credit Card and Eftpos payment. All funds must be cleared by the bank before collection of purchased goods. Bank cheques will be accepted only by prior arrangement. 

  3. Unless otherwise stated, the buyers premium is 11% of the sale price, (plus GST) of each lot. This premium is to be paid before or immediately after the close of the auction

  4. Title in any Lot will not pass to the Buyer until the sale price and Buyers commission has been paid in full, and funds have cleared in First Rate Enterprises Pty Ltd’s Trust Account. 

  5. Goods are not to be removed from the premises until the title to the relevant Lot has been transferred to the Buyer. 

  6. No goods are to be removed from the premises by the Buyer without first showing First Choice Auction staff a receipt of payment. 

  7. Unless otherwise stated, all sales are conducted on a GST exclusive basis. 

  8. Upon purchase of the goods the Buyer acknowledges and accepts that she/ he has had the opportunity to inspect the whole of the lots, and thereby agrees to accept the lot/s as is, where is, including any faults and defects. 

  9. The Buyer acknowledges that the consumer guarantees stipulated in sections 54, 55, 56,57 and 59 of the Australian Consumer Law do not apply to the sale of goods by auction. The Buyer accepts and agrees that the Auctioneer and Vendor makes no guarantee as to the quality , suitability or fitness for purpose, merchantability, condition of, or compliance with description of any lot. 

  10. Upon purchase the Buyer agrees that no other statutory warranty or representation, express or implied, applies to any item in the sale.

  11. The Buyer assumes all risk in relation to a Lot from the fall of the hammer, and neither the Auctioneer nor the Vendor will be deemed liable for any deficiency damage or loss with respect of that Lot, which may arise, occur or become apparent thereafter. 

  12. For a sale to be considered valid, a Buyer must have received a bidder number upon registration, and prior to placing their bid. If the buyer has neglected to obtain a fill in a registration form prior to the sale, the auctioneer reserves the right to reject their bid. 

  13. If the bidder wishes to bid as an agent on behalf of a principal, then during registration,  they must provide a copy of written authority from the principal, including the principal’s name and address and any other information that the auctioneer requests. 

  14. The highest bidder who is not in breach of these Terms and Conditions shall be the purchaser, subject to the approval of the Auctioneer, and reserve price, if any.

  15. The Auctioneer may, without giving any reason, withdraw any lot from the sale, or refuse to accept the bid of any person or persons.  

  16. The entry of the Buyers details into the sales book by the Auctioneer or First Choice Auctions administration staff shall be considered evidence that the Buyer has agreed to purchase the Lot. 

  17. No person shall be allowed to retract a bid that has been taken by the Auctioneer. 

  18. Should a dispute arise regarding any Lot or Lots, or if the Auctioneer deems a sale to be invalid, then they, the Auctioneer reserve the right to resell the relevant Lot/s. 

  19. The auction of a Lot may be subject to a reserve price given to the Auctioneer by the Vendor

 

FOR THE VENDOR

  1. By placing the goods up for auction, the Vendor represents and warrants to the Auctioneer and the Buyer that they: 

  a/  have good title to the Lot and

  b/  that there are no undisclosed encumbrances, liens or security interests, as defined in the Personal Property Securities Act 2010 (Cth) over the Lot.

  2.   It is the responsibility of the Vendor to conduct a search of the Register of Encumbered Vehicles or the Personal Property Securities prior to the               commencement of the Auction. 

  3.   First Rate Enterprises Pty Ltd shall be absolved of any liability for goods left on premises either before the auction is held or after the Vendor has           been informed that the goods are unsold. The Vendor will take full responsibility to insure any of the property that they choose to  keep on 

        premises during any auctions or clearance sales held by First Choice Auctions. 

  4.   The Vendor shall duly indemnify First Rate Auctions against any claims on any goods sold by First Rate Auctions on the Vendor’s behalf. 

  5.   Lot fees of $20-$30 will apply depending on the size of goods for sale. 

  6.   Unless otherwise stated, the Vendor will be charged a  commission of 11% (plus GST) on all Lots sold. 

  7.   A Vendor who wishes to sell goods that are an asset of his business will, during registration,  and prior to delivery of goods, need to provide First           Choice Auctions with her/his details of registration for GST (if applicable) and ABN.

  8.   In the event that a Lot remains unsold after the auction the Vendor may choose to pay another Lot fee and keep the goods on site until the next              auction is completed, or they must remove the goods within 48 hours of the auction.

  9.   In the event that the goods or vehicle remains unsold after they have been put up at two auctions, the vendor must remove the goods within 36           hours of the end of the second auction. Failure to do so will mean that the goods/ vehicle will be sold at the following auction without a reserve               price being set. 

  10. The Vendor must not remove a Lot from the premises without first signing a release of goods form.

  11. The Vendor will be liable for any damage to the Auction site or goods kept on site, caused by the removal of any Lot from the Auction site. 

  12. The vendor agrees that while his/ her assets are advertised by First Choice Auctions as being listed for the upcoming auction, 10% commission is           payable to First Choice Auctions. This commission also applies when assets are being sold by First Choice on consignment, whereby in this case             the advertising period would be deemed to be from the date the asset/s are first entered into the auction yard, until the date that the vendor or             buyer signs that he/ she are taking the asset/s from the yard. If asset/s have been deemed to be sold privately by the owner during the advertising         period, or for a period of 30 days following the auction sale or advertising period, the Vendor will be charged an agreed advertising amount or full         commission on the set reserve, or agreed asset value as determined by the Auctioneer or Valuer. 

 

GENERAL

 

  1. Staff of First Choice Auctions are not responsible for transport of goods to and from the auction site. 

  2. First Rate Enterprises Pty Ltd shall not be held responsible for any damage to property or injury to persons incurred during the removal or delivery of Lots by the Buyer or Vendor

  3. If a reserve price for any Lot is required, the reserve must be agreed upon between First Choice Auctions and the Vendor 

  4. First Rate Enterprises Pty Ltd have the sole right to the description of any item offered up for sale and to it’s grouping with any other items. Any representation or statement made by First Rate Enterprises Pty Ltd, trading as First Choice Auctions staff either orally or printed in any advertising material, brochure or online advertising medium, concerning genuineness, condition of, origin, or value of any Lot or item up for auction, is a statement of opinion only and is not to be taken as an implication of warranty or representation of fact by First Rate Enterprises Pty Ltd. It is the responsibility of the buyer to inspect the Lot and satisfy themselves prior to placing their bid, as of the fall of the hammer, a winning bid forms a binding contract of sale. 

  5. All goods requiring forklift assistance are to be loaded or unloaded on site in designated loading areas, as directed by First Choice staff. Under no circumstances are bulky items to be loaded or unloaded on Booral Road.