1. Terms are strictly cash, bank cheque, EFT, Eftpos, Mastercard or Visa (1% Fee Applies) before delivery/collection.
2. Bidders must register online and provide their full name, company name, address, email address, phone number, credit card details and confirm the Conditions of Sale will be strictly adhered to.
3. The highest bidder shall be the purchaser. In the event of any dispute the Purchaser shall be determined by the Auctioneer in such manner as he thinks fit. Time shall be the essence of the sale of each lot.
4. The vendor may bid either personally, by the Auctioneer or by an Agent.
5. Without any reason the Auctioneer and the Vendor reserve the right to - cancel, extend or re-open the online auction for a period of time; nominate a minimum reserve price; amend a "start price"; withdraw any lots from the sale; refuse any bid(s); offer part thereof of any lots; offer two or more lots for sale together as one lot; refuse admission to or eject from the selling place any person(s); bid on behalf of the Vendor or other Purchaser; and in the event that any lot is not sold at auction offer to sell same thereafter by private treaty but otherwise subject to these conditions.
6. Unless otherwise determined by the Auctioneer every bid shall be at least 5% in advance of the preceding one. No person may retract any bid.
7. Every successful purchaser of single or multiple lots with a total value of up to $A5,000 will have their payment deducted from their credit card which is to be registered prior to the purchaser bidding. Purchasers whose total purchase amount is over $A5,000 will have a 20% deposit deducted from their credit card with the balance being paid either by the credit card details provided or to the Lockwood & Co Trust Account. All payments must be finalised within 12 hours of the conclusion of the Auction Sale.
8. No goods shall be removed from the premises until payment is finalised in full and all lots must be completely removed from the premises within the time specified by the Auctioneer.
9. Any electrical, gas or water disconnections must be carried out by qualified tradespersons and must be left in a safe and appropriate state.
10. Buyers are warned to inspect all lots before bidding and completely satisfy themselves as to condition, maintenance, safety and regulatory requirements. No warranty whatsoever is given with any lot and the Vendor and Auctioneer shall not be responsible for any incorrect catalogue description or for the correctness of any statement concerning any lot. Each of the said lots will be taken with all faults and will be at the buyers risk at the fall of the hammer. CAVEAT EMPTOR/Buyer Beware applies to all Auctions.
11. Purchasers should satisfy themselves regarding all lots and confirm all measurements, kilometres travelled, hours of use, maintenance history, condition and all specific requirements either indicated in any lot description or verbally provided by the Auctioneers or their representatives.
12. No item sold is insured. At the conclusion of the Auction, the purchaser becomes responsible for insuring any item where necessary and it is recommended the purchaser takes out any such insurance for relevant items.
13. Where applicable, the Purchaser acknowledges the receipt of a statement in accordance with the Victorian Occupational Health and Safety (Plant) Regulations 1995 (Vic). These regulations set down the responsibilities of sellers of plant and equipment regarding the design, manufacture and supply of plant and equipment within the workplace. It is a condition of the sale that purchasers/users of machinery should ensure the item complies with all the relevant regulations in their own jurisdictions and bring such items up to standard where necessary prior to using the machinery. Where there is no statement provided in accordance with the said regulations the purchasers cannot use this as a means to cancel any purchase.
14. All buyers or members of the public enter the Lockwood & Co Auction Warehouse or the Vendors premises entirely at their own risk. Buyers, their Representatives and Members of the public are warned of the possibility of dangerous machinery, chemicals, forklifts etc being present in the Auction Warehouse or Vendors premises. People may not be familiar with the surroundings - be careful.
15. If any buyer fails to comply with these conditions, any monies deposited in part payment may be forfeited and all lots uncleared may be stored at the defaulter's risk and expense and resold by public auction or private contract and the deficiency on such resale and all costs and charges attending the same and for storage shall be made good by the defaulter, without prejudice to the right of the vendor or the Auctioneer to sue and recover the price at which the goods were sold.
16. The Auctioneer will announce prior to the commencement of the sale whether the knockdown price of the assets being sold are/are not inclusive of Goods & Services Tax (GST). 10% GST is applicable and will be paid on all items being sold plus the Buyers Premium.
17. If a deficiency arises between the quantity of goods described in the catalogue at the time of the sale and that available at the time of delivery the purchaser shall take and the Vendor shall be required to effect delivery of only the quantity so available and no compensation will be payable in respect of any such deficiency.
18. The purchaser shall be deemed to have abandoned any claim under these Conditions unless such a claim is made at or before the time the goods leave the premises.
19. The Auctioneer will not hold himself responsible for any action that may arise in as much as he is acting solely as agent for the Vendor.
20. If you are purchasing a Motor Vehicle or Mobile Plant (Vehicle) you acknowledge and agree that:
a. You are purchasing the vehicle based upon the general description provided. The vehicle is not tested and is sold in its current condition.
b. The vehicle may have damage or mechanical issues which have not been listed in any catalogue description.
c. Any information provided in the catalogue description has been obtained from our own observations and/or the vendor of the vehicle.
d. The vehicle has not been tested to ascertain if it functions according to manufacturer specifications and the accessories on the vehicle may vary from those originally supplied by the manufacturer. The vehicle is not sold with a Roadworthy Certificate.
e. You can inspect the vehicle during inspection times. You must not drive the vehicle during an inspection but you may start the vehicle.
f. Purchasers must satisfy themselves prior to bidding as to the nature and condition of the vehicle.
g. No warranties are provided by the auctioneer as to the condition of the vehicle when purchased and you agree to purchase any vehicle on an "as is, where is" basis.
h. Any purchase of a vehicle at Auction is made without the usual statutory warranties and no cooling off period applies.
i. You will be responsible for any fees which are payable to effect the transfer of ownership of the vehicle.
j. Should you fail to collect the vehicle within the agreed time period, then you must pay a storage fee of $50 per day to Lockwood & Co.
k. Any storage fees due must be paid in full to Lockwood & Co before the vehicle is released for collection.
l. If you refuse to pay or collect the vehicle purchased within seven days after the Auction, it will be deemed that you have abandoned the vehicle and you will forfeit any monies paid.
21. BUYERS PREMIUM - The Buyers agree to pay a Buyers Premium applicable to the Auction Sale on top of the knockdown price at a rate announced and advertised prior to the commencement of the Auction with 10% GST added to the relevant Buyers Premium indicated on the Tax Invoice supplied to the purchaser.
CONDITIONS OF SALE BY ONLINE AUCTION
1. No discussions will be entered into in regard to accidental bids or bidding on the wrong lot. If you are uncertain about any lot we recommend you do not bid. All bids are final.
2. In the event that online bidders leave a computer, smartphone or tablet logged into the online bidding platform, Lockwood & Co accepts no responsibility for any bids placed by unauthorised personnel or if your computer is hacked.
3. Should an absentee or online bidder be locked on the same bid the lot will go to the absentee or online bidder who registered first with the auctioneer. We recommend bidders should get absentee bids in early and on the prescribed form.
4. Invoices forwarded to successful online/absentee bidders are to be settled within 24 hours from invoice date unless prior arrangements have been agreed upon.
5. Unless otherwise advised, all purchasers must collect all their purchases within 24 hours of the closure of the Auction or by arrangement.
6. Please refer to the above 'General Conditions' for further information.
PAYMENTS
1. Lockwood & Co invoice is final with no disputes being entered into.
2. Invoices forwarded to successful bidders are to be settled within 24 hours from invoice date unless by prior arrangement.
3. All payments are in Australian Dollars and are made by Credit Card (Visa or Mastercard) or EFT. A 1% surcharge on all Credit Card transactions will be charged. No cheques will be accepted.
COLLECTION & PICKUP
1. Delivery will not occur until payment has been received in full.
2. A paid invoice must be presented by all purchasers and/or any person/s collecting goods from all Auctions and will be signed off by Lockwood & Co staff upon collection.
3. Removal Times - Collection/Pickup must occur between 9am and 4pm weekdays and on the day/s nominated for collection.
SPECIAL NOTE:
Prospective Purchasers should note there may be additional and more applicable Conditions of Sale that may be more pertinent to any specific Auction Sale. These may include Site Safety and Occupational Health Requirements, Removal and Collection Restrictions etc. Purchasers should make themselves aware of any such additional Conditions.
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