Auction Terms and Conditions

These conditions are to be read and agreed in conjunction with the BIDSONLINE ONLINE Terms and Conditions.

Auctioneer's Authority:

The auctioneer is authorised to act as an agent for the vendor and has the right to conduct the auction, accept bids, and make decisions regarding the conduct of the auction.

Registration:

All participants must register prior to bidding. Registration requires the provision of accurate personal information and agreement to these Terms and Conditions. You will be required to provide credit card details and must maintain current and valid credit card details while registered as a bidder.

Buyer's Premium:

A buyer's premium is added to the hammer price. This is a percentage of the final bid amount and is payable by the buyer in line with standard auction industry practice.

Goods and Services Tax (GST):

Auctions are conducted on a GST Inclusive basis unless otherwise stated.

Payment:

The successful bidder must make full payment, including the hammer price, buyer’s premium, and any applicable GST, by 4:00pm on the first Business Day following the Auction.

Payment must be made via EFT (Electronic Funds Transfer) or by debit or credit card. Trust account bank details will be provided on the tax invoice.

By registering, you authorise LAWD Auctions to debit your nominated debit or credit card if you are the successful bidder. For items with a value of up to $1,000, the full purchase price will be charged. For items valued over $1,000, a deposit of $1,000 will be charged.

If you are financing assets sold at auction, all finance must be pre-approved prior to bidding. Should payment not be received by the specified time, and LAWD Auctions has not been notified, LAWD Auctions reserves the right to deduct part or full payment from the credit card provided by the purchaser.

Collection:

Buyers are responsible for collecting their purchased Assets. Collection of all Assets can be made upon full receipt of cleared funds, Gate Pass released, or nil balance Tax Invoice issued. Collection Dates and Times vary for each auction. Please refer specific Sale Notes for these details.

Title and Risk:

The title and risk of the asset are passed to the buyer upon payment. It is the buyer's responsibility to insure and protect the asset from this point forward. Some lots will be sold with OH&S Risk Assessment Reports.

LAWD Auctions does not warrant that any electrical or mechanical appliance, plant and/or equipment (collectively, Plant and Equipment) complies with the requirements of any Commonwealth, State or Territory Occupational Health and Safety Laws (OH&S Laws). Where practical to do so and where the Plant and Equipment is likely to be used in a workplace, LAWD Auctions has requested that the Vendor display a statement on the Plant and Equipment to indicate the safety condition of the Plant and supply certificates, operational manuals, etc, which may exist for the particular Plant and Equipment. If the Plant and Equipment purchased does not include this information, upon the request of the buyer, LAWD Auctions will use its reasonable efforts to obtain this information from the Vendor. By law, a buyer of any Plant and Equipment for use in a workplace must ensure it complies with OH&S Laws before it is used. Heavy penalties apply for non-compliance. Please refer to your State or Territory jurisdiction for Occupational Health and Safety requirements.

Withdrawal of Assets:

The auctioneer reserves the right to withdraw any asset from the auction before or during the auction without prior notice.

Disputes:

The parties will use reasonable efforts to resolve any disputes arising under these Terms through prompt, good faith discussions.

Neither party will initiate proceedings against the other until the process contemplated by this clause has been exhausted, however nothing in this clause prejudices the right of a party to seek injunctive or urgent interlocutory relief.

Catalogue Descriptions:

Assets are sold "as is" basis. It is the buyer’s responsibility to ensure they are satisfied with the asset before bidding. Catalogue and Images are to be used as a guide only.

All Assets are sold “Unregistered and Without Plates”. Registration plates will be removed from Assets prior to collection, unless otherwise stated on individual Assets.

You acknowledge that any information provided by LAWD Auctions in relation to any Assets reflects the information provided to LAWD Auctions by the Vendor, and LAWD Auctions has not independently verified its completeness or accuracy. LAWD Auctions does not carry out mechanical inspections on any Asset prior to Sale nor do LAWD Auctions inspect for rust or carry out any inspections under the body or any Asset.

LAWD Auctions does not give warranty as to the completeness or accuracy of any information provided to You about any Asset, including without limitation any information in relation to prior servicing, the distance travelled by a vehicle or its machine or engine hours and LAWD Auctions will not be liable for any loss, damage, cost or expense suffered or incurred by the buyer arising out of incorrect or incomplete information. You agree that it is your responsibility to independently verify any information which is important to your purchasing decision prior to placing any bid or making any purchase, and you accept the risk of not doing so.

You acknowledge and agree that catalogues may be subject to change and update from time to time. LAWD Auctions reserves the right to withdraw Assets from sale and to clarify any product description prior to the commencement of bidding at Auction.

Default by Buyer:

If the buyer fails to complete the purchase, LAWD Auctions has the right to resell the asset, charge the defaulting buyer for any losses incurred, and/or take legal action.

Privacy:

LAWD Auctions protects the privacy of individuals in accordance with the Privacy Act 1988 (Cth) (Privacy Act).

You agree that you will not, under any circumstances, contact the Vendor of an Asset. You further agree that if any personal information pertaining to a Vendor is discovered with an Asset, you will immediately delete or destroy such personal information.

Personal information collected from you during registration in connection with these Terms is collected by LAWD Auctions for the purpose of these Terms and any Sale, and may be disclosed to the Vendor, and other third parties (such as roads and licensing authorities) for this purpose.

LAWD Auctions is required and/or authorized to identify the buyers and vendors of vehicles under applicable Commonwealth, State and Territory legislation including the Motor Car Traders Act, Australian Consumer Law, fair trading legislation and unclaimed money legislation.

LAWD Auctions may also use the Personal Information provided by you in the registration to contact you for marketing purposes.

Governing Law:

Except to the extent otherwise stated in any specific State, Territory or Commonwealth laws applying to the sale of a particular Asset and as otherwise stated on your Registration, these Terms shall be governed by and construed in accordance with the law for the time being in force in New South Wales, and parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

BIDSONLINE ONLINE Terms and Conditions

1. When a bidder is out bid they receive an outbid email. The auctioneer is not liable to the bidder if they do not receive an outbid email and subsequently fail in winning the lot.
2. The auctioneer may at its discretion withdraw a bid if it considers that: a) the bidder has manipulated the auction system to their advantage. b) the bidder has manipulated the system to register
3. When you click 'bid' you are bound by these terms and conditions. If you are the highest bidder and the lot is 'on the market', that is your bid is greater than or equal to the reserve you are termed the 'winning bidder'. As a winning bidder you will receive a tax invoice for the item.
4. If somebody else has used your bidder number and logged with your password you may be liable for costs associated with the re-auctioning if you are the winning bidder.
5. If there are two bids for the same amount, the earlier time of the two bids will take precedence. In the event of any dispute as to the bidding in respect of any Lot, the Auctioneer will make a decision.
6. If there are any technological or processing problems or delays during an Auction, the Auctioneer may decide to close the Auction and re-open the Auction at a later time or extend the conclusion time for the Auction.
7. Should the auction system fail to remain open due to technical or any other issues, the auctioneer reserves the right cancel any invoices that are created due to the technical or other issues, and re-open all lots for bidding.
8. The auctioneer is not liable to the bidder if: a) bids not received, processed or accepted due to online technical difficulties or delays of the Website or its Online Bidding System; b) the non-availability of its Website or its Online Bidding System; c) the capacity of the Website or its Online Bidding System; d) failure to provide continuous uninterrupted Online Bidding; e) any errors or problems or any issues on the Website or the Online Bidding System; f) failure to provide reasonable security of the Website or the Online Bidding System; g) any illegal or inappropriate use of the Website or the Online Bidding System.