GENERAL TERMS & CONDITIONS OF SALE, PUBLIC CHATTELS AUCTIONS
Please note that additional Terms & Conditions may apply to individual auctions. Terms & Conditions are subject to change without notice.
1. The Vendor warrants to Hinter Auctions that he/she is the true owner of the property or is properly authorised to sell the property by the true owner and is able to transfer a good and marketable title to the property free from any third party claim. The Vendor undertakes to indemnify Hinter Auctions, its Servants and Agents and the Buyer against any loss or damage suffered by either in consequence of any breach of the above on the part of the Vendor.
2. The Vendor shall duly indemnify Hinter Auctions against any claims with any goods sold by Hinter Auctions on the Vendor’s behalf.
3. Commission of 16.5% (GST inc.) is payable by the Vendor of all lots sold unless otherwise agreed in advance. There is a nil lotting fee. Hinter Auctions do not charge for photographs, banners or other advertising unless otherwise negotiated with the Vendor.
3b. Unsold Lots – There is a 5.5% (GST inc.) charge on items that remain unsold if they don’t reach the reserve price set by the vendor. This charge is capped at $11.00 (GST inc.). The charge is calculated on the vendor’s reserve price
4. A Vendor who sends for sale by auction any chattel(s) which is an asset of their business must disclose to Hinter Auctions whether or not they are a registered person for GST purposes and, if so, ABN. This information must be supplied to Hinter Auctions on or prior to delivery of the goods.
5. Hinter Auctions shall not be liable for any default of the purchaser or vendor. Hinter Auctions shall not be liable for any loss or damage to the goods left in his care by vendors or purchasers. The Auctioneer gives no warranties in respect of these matters and no lots are to be returned to the Auctioneer.
6. The Auctioneer will not agree to reserve prices on goods less than $50.00 and other reserves must be agreed mutually between Hinter Auctions and the Vendor. This condition will be strictly enforced. All goods are offered for sale WITHOUT RESERVE unless specific written instructions to the contrary are received. The Vendor will not in person or through the agency of any other except the auctioneer bid for his own property.
7. In the event of a lot remaining unsold at auction, Hinter Auction are hereby empowered by the Vendor for a period of 2 days to sell after the auction, by private treaty, at not less than the reserve price. In the event of such a sale by private treaty, the Conditions of Sale applicable to a Vendor governing the auction will apply.
8. If the auction is being held anywhere other than at the Vendor’s premises, any items that do not sell will be removed to Hinter Auction’s storage facility in Cooroy and must be collected from there within 48 hours of the end of the sale unless otherwise agreed. Items not collected within this time will be subject to a storage charge of $10 per item, per day.
9. Hinter Auctions have the sole right as to the description of any article offered for sale and to its grouping with any other belonging to the Vendor. Any representation, statement or opinion made by Hinter Auctions either orally by any of their employees or printed in any catalogue, valuation, advertisement, brochure or list concerning authorship, attribution, genuineness, origin, date, provenance, condition or value is a statement of opinion only and is not to be taken as being or implying any warranty or representation of fact by Hinter Auctions.
10. The Vendor is entitled to withdraw any lot up to the point of sale. However, in the event of a Vendor seeking to withdraw a lot or alter the agreed reserves, commission rates and other terms of sale after the catalogue has been produced or the sale advertised, Hinter Auctions will charge a withdrawal fee of 16.5% (gst inc.) the low estimate on any lot (s) in addition to any other charges that may be applicable.
11.Hinter Auctions shall not be responsible for accidental breakage loss or damage however caused unless by the negligence of their employees. In respect of any item delivered to Hinter Auctions premises if the Vendor has in force a policy or policies of insurance in which the article is specifically mentioned whether or not for an agreed value the Vendor will immediately notify his insurers of and shall himself note the interest of Hinter Auctions as bailees in respect of such policy or policies.
12. The Vendor authorises Hinter Auctions to deduct commission and proper expenses plus any GST due thereon from the hammer price and acknowledges the right of Hinter Auctions to retain the premium payable by the buyer.
13. Hinter Auctions will remit the sale proceeds to the Vendor after deducting commission, removal charges (if applicable) and other proper expenses and GST within 14 days after the sale provided Hinter Auctions has been paid in full by the Buyer. In the event that the Buyer has not paid in full Hinter Auctions will remit the net proceeds to the Vendor five working days after such payment has been cleared by our bank. If payment has not been received by the Buyer twenty one days following the sale Hinter Auctions will endeavour to take the Vendors instructions notwithstanding the Vendor authorises Hinter Auctions to take such steps as Hinter Auctions think necessary to attempt to recover monies due from the buyer on the Vendors behalf. The Vendor hereby affirms that it shall not be incumbent upon Hinter Auctions to pursue the buyers in the matter of amounts due provided always that Hinter Auctions has retained possession of the lot or lots.
14. The Vendor authorises Hinter Auctions to photograph and illustrate in its catalogue or promotional literature or advertisements any lot consigned for sale and acknowledges Hinter Auctions copy-right to such illustration, which may be used at any time whether or not in connection with the particular auction.
TERMS & CONDITION OF SALE
The terms and conditions of sale listed here contain the policies of Hinter Auctions Pty Ltd (referred to as Hinter Auctions). They are the terms on which Hinter Auctions and the Seller contract with the Buyer. They may be amended by printed notices or oral announcements made before and during the sale. By bidding at auction you agree to be bound by these terms.
Explanation of terms used in the “Terms and Conditions”
The conditions that are listed below contain terms that are used regularly and may need explanation. They are as follows:
“the Buyer” means the person with the highest bid accepted by the Auctioneer
“the Lot” means any item depicted within the sale for auction and in particular the item or items described against any lot number in the catalogue.
“the Hammer price” means the amount of the highest bid accepted by the auctioneer in relation to a lot
“the Buyers Premium” means the charge payable by the Buyer to the auction house as a percentage of the hammer price.
“the Reserve” means the lowest amount at which Hinter Auctions has agreed with the Seller that the lot can be sold.
“the Vender” means the the person or entity that has consigned the item for sale
- All values expressed in Hinter Auctions catalogues (in any format) are in Australian Dollars (AUD).
- All bids, “hammer price”, “reserves”, “Buyers Premium” and other expressions of value are understood by all parties to be in Australian Dollars (AUD) unless otherwise specified.
HINTER AUCTIONS AS AGENT
- Except as otherwise stated Hinter Auctions acts as an agent for the vendor.
- The contract for the sale of the property is therefore made between the vendor and the Buyer.
- All intending buyers must complete and sign a buyer’s registration form providing Hinter Auctions with name, address, telephone numbers and if required proof of identity i.e. Drivers Licence.
- Online registrations require the bidder to provide valid credit card details in order to bid.
- A unique bidders number will be given to registered bidders on check-in to each auction. Buyers must report a lost bidding number to the Auctioneer immediately.
- A 16.5% (GST inc.) Buyer’s Premium applies to the hammer price of all lots unless otherwise stated.
- To cover online bidding fees an additional 1.65% (GST inc) buyers premium applies to online bidders
- The buyers premium is subject to GST
- When items are offered on behalf of a vendor that is registered for GST then the GST will be added to the hammer price.
- If GST is to be applied this will be indicated in the catalogue and/or by the auctioneer prior to the commencement of the auction (or individual lots if required)
- The invoice supplied by Hinter Auctions will be regarded as a tax invoice for GST purposes
- Whilst every care is taken, Hinter Auctions does not accept responsibility for items described incorrectly either in the catalogue, online or at the auction.
- Intending purchasers are encouraged to take advantage of the time given to view goods prior to the auction commencing.
- Buyers must satisfy themselves as to the authenticity and condition of the item prior to bidding. A strict “no return policy” applies to all won lots.
- The highest registered bidder for each lot shall be the Buyer subject to the reserve price if any.
- A winning bid forms a binding contract with the vendor.
- The winning bidder shall immediately, after the fall of the hammer for a lot, provide the auctioneer with their registered bidding number.
- If there is more than one buyer their obligations are joint and several.
- Appropriate legal action will be taken for failure to comply with Hinter Auction’s Terms & Conditions.
- If a dispute arises as to the highest bidder, the auctioneer may re-open the bidding and re-submit the lot for sale commencing with the highest amount known to have been previously bid for the lot, or the Auctioneer may decide on the highest bidder in such other manner as the Auctioneer in its absolute discretion shall deem fit.
- The decision of the Auctioneer shall be final and no bidder shall have any right or recourse against the Auctioneer or the Vendor.
- Where any person is bidding on behalf of another person, the bidder must provide the Auctioneer with a copy of his/her written authority to bid and purchase a lot, prior to the commencement of the auction, otherwise the bidder is deemed to be acting on his/her own behalf.
REFUSAL OF ENTRY OR BID
- The Auctioneer may, at their discretion, refuse to allow entry to the premises or accept any bid from any person.
WITHDRAWAL OF LOTS
- The Auctioneer may withdraw any lot or lots (for any reason) from sale prior to the fall of the hammer for those goods.
INTERNET and TELEPHONE BIDDING
- The Auctioneer shall not be liable for loss of transmission, or technology malfunctions that may occur during any Live Internet or Telephone Bidding practices. This includes data entry by a client that may be in error (for example, incorrect Lot Number or Bid Amount Entered) during Live Internet Bidding.
- Live Internet Bidding will be treated the same as ‘absentee bids’ and ‘floor bids’, in terms of “the final bid is the winning bid”.
- Phone bids where there are more bidders than telephonists, precedence will be given to the bidders that submitted their bids first.
- Absentee bidding is a complimentary service provided by Hinter Auctions. The auctioneer or auction house member will place bids (up to the maximum absentee bid) at the current bidding increment on the bidder’s behalf
- In the event of a tie between a floor bidder and absentee bid, precedence will be given to the floor bidder.
- There is no obligation by the auctioneer to place absentee bids.
- All purchases are to be paid for by cash, credit/debit card or bank deposit into our nominated Trust Account within 24 hours of the last lot sold.
- We are unable to extend credit, and fees may apply for late payment.
- Cheques may be accepted if previous arrangements have been made. All funds must be cleared prior to the collection of items.
- Payment by credit card or EFTPOS (online or offline) will attract a 1.95% processing fee.
- Payments methods can be split between card and cash on the total of the invoice. The card processing fee only applies to the total card payment amount.
- The Auctioneer gives no warranty as to title of the goods.
- The Auctioneer acts in the sale of goods as agents only for the Vendor and is not responsible for any default by the Vendor.
- The Buyer acknowledges that he/she has had the opportunity to inspect the whole of the lots and satisfy him/herself as to the condition of any lot and accepts any lots with all faults and defects (if any).
- The Buyer accepts and agrees that the Auctioneer and Vendor make no representation or warranty as to the suitability or fitness for purpose, quality, condition or operation of any lot and any implied or other condition of the Sales and Goods Act (QLD) do not apply and no other statutory warranty or representation, express or implied, applies to any item in the sale or to the accuracy of the information provided.
- No allowance or refunds will be made nor will any buyer be permitted to reject any lot on the grounds that it is not correctly described in the catalogue (if any).
- On the fall of the hammer, the lot purchased will be at risk and responsibility of the Buyer and the Vendor will be free of all responsibility for safeguarding the lot and will not be liable for any loss or damage to the lot sold whether such loss or damage is caused or contributed to by any act, neglect or default of the Vendor, its servants, employees or agents or the Auctioneer
- Should the description or quantity of goods differ from the lot purchased by the Buyer on the fall of the hammer, the Buyer will make no objection and will accept the lot purchased as-is. No compensation will be paid in respect of any misdescription or error.
- Should the Buyer fail to comply with any of the terms and conditions of the sale (the defaulting Buyer) all monies received in part payment of the purchase price shall be absolutely forfeited to the Vendor and all lots not removed in accordance with these terms and conditions may be resold by public auction or private contract and the deficiency in price (if any) of such resale shall be immediately payable by the defaulting Buyer and if not paid on request the Vendor has the right to recover such amount from the defaulting Buyer as debt.
- Legal and equitable title to the goods shall remain with the Vendor until all monies owing by the Buyer have been paid in full.
- Possession of goods will only be granted to the Buyer when satisfactory payment arrangements have been made with the Auctioneer.
COLLECTION OF ITEMS
- All lots won must be paid for in full prior to collection.
- All lots won must be collected within 24 hours of the final lot sold (unless prior arrangements have been made by the Buyer with the Vendor or the Auctioneer).
- Buyers that do not remove their items by the allotted time and without making an arrangement with the auctioneer will be subject to removal and storage fees, per item, per day until their items are collected.
- All loads must be appropriately secured before leaving the site.
PACKING, HANDLING AND SHIPPING
- Hinter Auctions will be able to suggest delivery companies that the buyer can use but takes no responsibility whatsoever for the actions of any recommended third party.
- Hinter Auctions can pack and handle goods purchased at the auction by agreement and a charge will be made for this service.
- All packing, shipping, insurance, postage & associated charges will be borne by the purchaser.
- Neither the Vendor nor the Auctioneer will be liable for any personal injury, damage, loss or expense suffered, caused or incurred in the use of, or as a result of any goods purchased, or the installation.
- All children must be directly supervised at all times.
- “No go areas” must not be entered at any time.
- Entry to any auction site is at one’s own risk and no liability for injury or damage is accepted by the Auctioneer. The Buyer acknowledges that they inspect and remove goods at their own risk.
- All directions given by the Auctioneer must be followed.
- Social distancing, health and hygiene recommendations that are in force at the time of the auction must be adhered to.
- All electrical appliances are sold in a used condition and have not been tested or found to be electrically safe.
- No warranty is given that their present condition complies with the requirements of the Electrical Safety Act (QLD).
- The Buyer acknowledges that it is required to have the appliance examined and repaired by a registered electrical contractor before re-sale or use of the appliance.