TERMS AND CONDITIONS
· “Auctioneer” mean F3 Asset Advisory. “Bid” means an offer to purchase goods. “Bidder” means a person who makes a bid. “Goods” means any goods held for auction by the Auctioneer. “Lot” means goods auctioned as a complete and distinct item. “Person” includes a firm, body corporate, unincorporated association or authority. “Purchaser” means a person who purchases good auctioned by the Auctioneer. “Vendor “means the person for whom the Auctioneer auctions goods.
· This Auction must be completely governed by these terms and conditions of sale (“Terms”) which shall supersede all prior arrangements, written or oral.
· Persons entering the Auctioneers or Vendors premises shall do so at their own risk and expressly agree to be bound by the warning notices displayed at the entrance to the Auction premises / surrounds. The Auctioneers or Vendors premises both may contain hazardous or dangerous goods or substances.
· Prior to being able to bid for any Lot, each bidder must complete a registration form which is supplied by the Auctioneer thereby expressly accepting these Terms without qualification or reservation. Any bid given by a person not registered in accordance with this clause may, at the option of the Auctioneer be disregarded.
· You must be able to form a legally binding contract (i.e. over 18 years of age or over, not an undischarged bankrupt, etc)
· Registration with us is required to use our services. To do so you must provide your full name, address, email, password and contact number and driver’s licence number.
· You must not provide any false or misleading personal information.
· You will endeavor to maintain your personal information as accurate.
· To avoid any un-authorised use of your services, you take full responsibility to keep your login details and password safe.
· Any of your personal information provided during the registration process will only be used in the manner stipulated in our Privacy Statement.
· If we disable your account, you may not register again
·Advances in the bidding shall be regulated by the Auctioneer unless otherwise advised. No bidder may retract any bid.
· Subject to any reserve price and the Vendors right to bid, the highest bidder shall be the Purchaser and in the event of any dispute arising the lot may be reoffered and the Auctioneer’s decision shall be final.
· All lots shall be sold GST exclusive on the purchase price unless otherwise stated. All Buyers Premiums attract GST.
· No Lot shall be removed without the consent of the Auctioneer and payment of the balance due. Payment terms are strictly cash or bank cheque unless prior arrangements are made with the Auctioneer.
· It is the Bidder’s responsibility to inspect Lots and satisfy itself as to the condition, description and quantities of each Lot before placing a bid. Cataloguing is strictly a guide of entries only. The Purchaser expressly agrees that it has prior to bidding, inspected the purchased Lot and in purchasing the Lot, relied entirely on its own judgement and not on any representation or statement made by either the Auctioneer or Vendor. No Condition, warranty or guarantee is given or implied by the Auctioneer. The Auctioneer has no knowledge of the history of any Asset offered for sale and makes no representation nor gives any warranty that the odometer / hours reading displayed on any Asset sold is accurate. The purchaser acknowledges that some items may contain software, programs and data or may require hardware or software or licensing in order to operate. The purchaser must make their own arrangement in relations to same.
· It is an essential Term and Condition of the sale and transfer of any plant comprising a lot that the plant is sold only on the basis that it is not to be used for any work or in any workplace nor in such a manner o as to affect public safety. The purchaser acknowledges that if the plant is to be so used at any time in the future that the purchaser must comply with the provisions of the Work Health and Safety Act 2011 and the regulations made under it prior to such use.
· If a Purchaser fails to comply with these Terms any monies shall be forfeited. Any lot not fully paid for, removed both within the specified time may at the Auctioneers or Vendors option e both stored at the Defaulting Purchasers risk and expense be resold. In this case any deficiencies whatsoever shall be made good by defaulting Purchaser without prejudice to any rights or remedies of the Vendor of the Auctioneer.
· The Auctioneer is acting solely as an agent for the Vendor. Claims or actions in any way relating to the Lots auctioned should be made against the Vendor.
· Subject to Clause 7, the Purchaser shall remove purchased Lot from the Auctioneer or the Vendors premises with reasonable care and shall bear the cost of making good any damages or injury caused to the Auctioneers or Vendors premises as a result of removing purchased Lots.
· No employee or agent of the Auctioneer I authorized to waive, add to or vary these Terms and Conditions without the written authority of the Director.
· If you engage in any fraudulent activity or activity that we consider may be fraudulent, likely to deceive or offend we may dis-enable your account and take further action where remedy may damage caused.
· A Bid placed at auction, either online, by absentee or in person, is an Offer to Purchase. Once a bid has been accepted by the auctioneer there is a binding contract between yourself the Auctioneer to purchase the item at the final bid amount plus any additional fees and charges associated with that item.
· If you are a successful bidder, you are obligated to pay the final bid price plus the fees and charges associated with that purchase in the time limited specified from auction to auction and lot to lot. Failure to do so will entitle us to take what measures necessary to attempt o recover the monies owing, including, but not limited to, selling the item(s) to the under-bidder at their final bid amount. Any short fall or loss is still your responsibility.
· Every auction had a specified auction starting time and Date.
· Auction types are various, and it is important to be aware of them as they will impact the way bids can be lodged and accepted.
· No online Bidding- these are traditional live auctions, which are typically being held in remote locations or have special conditions which prevent us from being able to offer online bidding. This information provided is there to help you in assessing the lots prior to the live auction.
· Internet & Absentee Bidding Only- these are online auctions where there will be no traditional live auction. The only way to bid will be online or by submitting pre-auction absentee bids in person with the respective auction house (which will be entered online). You will be able to follow the online auction as each lot is sold, one by one. You do not have to wait for your lot to be offered as you can leave a proxy (or maximum) bid on any lot at any time.
· We may, at our absolute discretion have to cancel an auction, close it early, postpone an auction or reschedule an auction, for any reason. Such a decision would not be taken lightly and maybe as a result of vendor instructions, legal requirements or technical failings.
· An individual lot may be withdrawn from an auction or moved from one auction to another at our absolute discretion.
· Bids will be ordered according to the following determinates:
1. The $ bid amount
2. Bid quantity bid amount (Multiple Lot only)
3. The time the bid was lodged.
· The auction closes at the end of the time specified for that lot and where there are no new successful bids in the closing time of the auction. This is typically the last 15 seconds of the sale but may vary from auction to auction and will be specified on the Lot details page if there is any variation. If there are any successful bids on lot within the hot time, the countdown timer will be reset. When an auction is live the Auction Detail page will refresh the current bid amount and estimated closing time every few seconds. Some variation in the “closing” time will be experienced. This may due to your connection to our server and consequences resulting from this variation. We highly recommend not attempting to place a bid at the last second.