GENERAL TERMS AND CONDITIONS OF THIS AUCTION.
1: BIDDING OR BUYING AT THIS AUCTION IS CONDITIONAL ON READING, UNDERSTANDING AND AGREEING TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THE CATALOGUE OF THIS AUCTION. BY BIDDING AT THIS AUCTION THE BIDDER AGREES TO BE BOUND BY THE GENERAL TERMS AND CONDITIONS HEREIN.
2: NO HAZZARD ASSESSMENT INSPECTIONS HAVE BEEN UNDERTAKEN ON ANY ASSETS SOLD AT THIS AUCTION, AND ALL PLANT IS SOLD UNDER CATEGORY 3 OF THE VICTORIAN WORKSAFE LEGISLATION, AS SCRAP ONLY AND UNFIT FOR THE WORKPLACE. IT IS A CONDITION OF PURCHASE THAT BIDDERS AGREE TO RENDER ALL PLANT SAFE FOR THE WORKPLACE AND COMPLIANT WITH REGULATORY REQUIREMENTS PRIOR TO USE. EVERY ITEM IS SOLD “AS IS WHERE IS” AND NO GUARANTEES ARE OFFERED OR IMPLIED. NO VEHICLES ARE OFFERED AS ROADWORTHY UNLESS STATED IN THE CATALOGUE. KILOMETERS AND HOURS QUOTED IN THIS DOCUMENT ARE DERIVED FROM THE SPEEDOMETER OR HOURMETER OF THE ASSET IN QUESTION AND NO GUARANTEES OF ACCURACY ARE GIVEN.
3: EACH LOT SHALL BE AT THE PURCHASER’S RISK FROM THE FALL OF THE HAMMER. THE PURCHASER AGREES THAT NEITHER FLEET AUCTIONS PTY LTD, NOR IT’S OFFICERS, WILL BE LIABLE FOR ANY LOSS OR DAMAGES TO ASSETS PURCHASED WHICH MAY BE INCURED AFTER THE FALL OF THE HAMMER. THE PURCHASER AGREES THAT FOLLOWING THE AUCTION, INSURANCE FOR ALL ASSETS STORED AT THE AUCTION SITE AWAITING PAYMENT AND OR COLLECTION IS THE PURCHASER’S RESPONSIBILITY, WHETHER PAID FOR, PARTIALLY PAID FOR, OR NOT PAID FOR. THE PURCHASER AGREES TO BEING LIABLE FOR PAYMENT IN FULL TO THE AUCTIONEER FOR ANY ASSET PURCHASED, IN THE EVENT OF DAMAGE OR LOSS TO THAT PURCHASE AFTER THE FALL OF THE HAMMER.
4: PURCHASERS AGREE AND ACCEPT THAT ANY ASSETS THEY PURCHASE POST AUCTION, ARE SOLD UNDER THESE SAME GENERAL TERMS AND CONDITIONS OF THE AUCTION SALE.
5.BID PRICE INCLUDES GST UNLESS “NO TAX INVOICE” IS STATED IN THE CATALOGUE
6: ALL VEHICLES AND TRAILERS ARE SOLD UNREGISTERED UNLESS STATED IN CATALOGUE. FOLLOWING PURCHASE ALL NUMBER PLATES WILL BE REMOVED UNLESS PURCHASER HOLDS A LMCT LICENCE.
7: ON COLLECTION OF VEHICLES AND TRAILERS, PURCHASER MUST EITHER ARRANGE FOR THE UNIT TO BE TOWED, ARRANGE FOR A VIC ROADS PERMIT OR FIT A REGISTERED TRADE PLATE.
8: THE AUCTIONEER MAY REFUSE TO ACCEPT THE BID OF ANY PERSON.
9: ALL LOTS ARE PRESUMED TO BE RESERVED UNLESS OTHERWISE STATED BY THE AUCTIONEER. THE HIGHEST BIDDER WILL NOT BE THE PURCHASER UNLESS THE RESERVE PRICE HAS BEEN ACHIEVED.
10: THE AUCTIONEER RESERVES THE RIGHT TO REFER THE HIGHEST BID TO THE VENDOR FOR CONSIDERATION IF THE RESERVE PRICE IS NOT ACHIEVED DURING THE AUCTION. ACCEPTANCE OF THE BID BY THE VENDOR WILL NOT BE BINDING ON THE BIDDER.
11: THE REFERED BIDDER HAS FIRST OPTION PROVIDED THE OPTION IS IMMEDIATELY EXCERCISED. OTHERWISE THE LOT MAY BE SOLD AT THE AUCTIONEERS DISCRETION.
12: THE OWNER MAY BID EITHER PERSONALLY, THROUGH THE AUCTIONEER OR THROUGH ANY AUTHORIZED PERSON. THE OWNER MAY WITHDRAW ANY LOT AT HIS DISCRETION.
13: THE VENDOR WARRANTS TO THE PURCHASER THAT THE VENDOR HAS GOOD TITLE TO THE GOODS OR THAT HE/SHE HAS PROPER AUTHORITY TO SELL THE GOODS. THE VENDOR ACKNOWLEDGES THAT THE AUCTIONEER RELIES ON THIS WARRANTY IN OFFERING THE GOODS FOR SALE ON BEHALF OF THE VENDOR, AND THE PURCHASER ACKNOWLEDGES THAT SUCH WARRANTY IS GIVEN BY THE VENDOR AND NOT BY THE AUCTIONEER.
14: THE PURCHASER OF EACH LOT SHALL, IF REQUIRED BY THE AUCTIONEER TO DO SO, PAY TO THE AUCTIONEERS CLERK A SUM OF 10% OF THE PURCHASE PRICE OR $500-00, (WHICHEVER IS THE GREATER), BY WAY OF CASH OR BANK CHECK AS DEPOSIT THEREOF. IF THE PURCHASER FAILS TO GIVE HIS NAME AND ADDRESS OR FAILS TO PAY THE DEPOSIT, THE AUCTIONEER AT HIS DISCRETION MAY PUT THE LOT UP FOR SALE AGAIN. IF UPON SUCH RESALE A LOWER PRICE IS OBTAINED THAN THE FIRST TIME UP, THE DEFAULTING PURCHASER SHALL BE LIABLE FOR ANY SHORTFALL INCURED.
15: IF A SUCCESFUL BIDDER PAYS IN CASH EXCEEDING $10,000-00 THE BIDDER MUST FURNISH NOLAN FLEET AUCTIONS ALL PERSONAL DETAILS TO ALLOW COMPLIANCE WITH THE “FINANCIAL TRANSACTION REPORTS ACT 1988”
16: NO SALE SHALL BE INVALIDATED, NOR REFUNDS OR ALLOWANCES GIVEN BY REASON OF INCORRECT DESCRIPTION IN THE CATALOGUE. THE PURCHASER SHALL SATISFY HIMSELF AS TO THE CONDITION, YEAR, MAKE, MODEL, EQUIPMENT FITTED, MILEAGE / KILOMETERS / HOURS DESCRIBED AND SHALL BE BOUND TO TAKE THE GOODS. THE AUCTIONEER HAS NO KNOWLEDGE AS TO THE ACCURACY OF ANY DISTANCE TRAVELLED OR HOURS INDICATED, AND ACCORDINGLY HAS NO BELIEF ANY DISTANCES RECORDED OR HOURS INDICATED ARE TRUE. THERE IS NO COOLING OFF PERIOD.
17: STAMP DUTY AND TRANSFER FEES ARE TO BE PAID BY THE PURCHASER WHERE AND WHEN APPLICABLE.
18: EACH LOT SHALL BE AT THE PURCHASERS RISK FROM THE FALL OF THE HAMMER AND MUST BE PAID FOR IN FULL WITHIN 2 BUSINESS DAYS OF THE AUCTION, AND REMOVED FROM THE SITE NO LATER THAN FIVE BUSINESS DAYS IMMEDIATELY FOLLOWING THE AUCTION. INSURANCE REMAINS THE BUYER’S RESPONSIBILITY AT THE FALL OF THE HAMMER. THE PURCHASER AGREES THAT NEITHER NOLAN FLEET AUCTIONS NOR IT’S OFFICERS WILL BE LIABLE FOR ANY LOSS OR DAMAGES INCURED AFTER THE AUCTION.
19: STORAGE COSTS WILL APPLY TO ANY LOTS REMAINING UNCOLLECTED FROM SEVEN DAYS IMMEDIATELY FOLLOWING THE AUCTION AT A RATE OF $20-00 PER DAY PER LOT.
20: PROPERTY IN THE LOT SHALL NOT PASS TO THE PURCHASER UNTIL SUCH TIME AS THE LOT, AND ALL OTHER LOTS PURCHASED BY THE PURCHASER, HAVE BEEN PAID FOR IN FULL. NOTWITHSTANDING, THE PURCHASER ACCEPTS RISK LIABILITY.
21: NO LOT SHALL BE REMOVED FROM THE AUCTION SITE PRIOR TO PAYMENT IN FULL OF CLEAR FUNDS INCLUDING BUYERS PREMIUM TO THE AUCTIONEER, AND ISSUING TO THE BUYER BY THE AUCTIONEER OF A RECEIPT AND GATE PASS. ANY LOTS SO REMOVED WILL BE DEEMED TO HAVE BEEN STOLEN AND THE AUCTIONEER RESERVES THE RIGHT TO HAVE HIS AGENTS BREAK OPEN AND ENTER INTO ANY PREMISES OF ANY PURCHASER OR PURCHASERS AGENT WHERE SUCH LOT SHALL BE THOUGHT TO BE.
22: IN THE EVENT OF ANY NON COMPLIANCE WITH THE ABOVE CONDITIONS, THE MONEY, IF ANY, DEPOSITED SHALL BE FORFEITED AND THE LOT RESOLD EITHER BY PUBLIC AUCTION OR PRIVATE TREATY, AND THE DEFICIENCY, IF ANY, ARISING UPON SUCH RESALE TOGETHER WITH THE EXPENSES THEREOF SHALL BE MADE GOOD BY THE DEFAULTER, WHO SHALL NOT BE ENTITLED TO ANY PROFIT THAT MAY BE MADE UPON SUCH RESALE AND THE BIDDING OF SUCH DEFAULTER WILL NOT BE TAKEN UNTIL THE SAID DEFICIENCY AND EXPENSES HAVE BEEN MADE GOOD TO THE AUCTIONEER.
23: BUYERS PREMIUM WILL BE CHARGED ON EACH ITEM AT A RATE OF $0 - $4,999 IS 16.9%, $5,000 - $9,999 IS 11%, $10,000 AND OVER IS 8.8%.