Auction Terms & Conditions
The following terms and conditions govern the Service that we offer to you ("the Bidders Agreement").
Please read these terms and conditions carefully. Upon completion and submission of your registration details (and for all bidding conducted by you under those details), you are deemed to have accepted, and will be bound by these Terms and Conditions, as amended and varied from time to time.
1.1 Terms And Conditions
(a) The meaning of defined terms used throughout this Bidders Agreement are contained in Clause 13 of this Bidders Agreement.
(b) The terms and conditions contained in this Bidders Agreement set out what you must do and what you must not do when using the Service. It also sets out our obligations to you. These are important conditions for the use of the service. If you breach any of these conditions, we at our reasonable discretion, may decide not to allow you to participate in the Service or if necessary claim damages against you. Please take time to read these terms and conditions and make sure you understand them. If you have any questions, please contact our Customer Service Department on 1300 311 331
(c) We may amend this Bidders Agreement from time to time by posting new terms and conditions on this Site. These amendments will take effect 7 days after the changes have been posted on the Site. You should review this Bidders Agreement from time to time for any amendments. These terms and conditions are effective as of 1 July 2015. Please ensure you are familiar with them as changes may have been made to previous versions. Continued use by you of the Service following any amendments to this Bidders Agreement will constitute your acceptance of the new terms & conditions applying to the Service.
(d) Please note that additional conditions governing the Service and your relationship with WA Auctioneers also on other website pages and unless those conditions conflict with these terms and conditions, they will be incorporated into and will form part of the terms and conditions contained in this Bidders Agreement. In particular, please carefully read all information relating to the Sale Overview which contains important information relevant to each particular sale on the Site.
1.2 Use Of The Service For Online Auctions
(a) The Service is provided to you personally. When using the Service, you must not re-sell access to the Service to another person or make commercial use of the Service, without our prior written consent.
(b) If a government department, government agency or law enforcement agency informs us that there is any information on the Site which is in contravention of, or may contravene, any law, industry code of practice, policy guideline or regulation, we can remove that information from the Site.
(c) Without limiting any other remedies available to us, we may suspend or terminate your account if we reasonably suspect you to have engaged in fraudulent activity in connection with the Site.
2.1 Registering For Use
(a) You must register your details with us to use the Service (your “Account”). Registration is free and does not oblige you to purchase anything.
(b) You agree that you will not, in registering for and using the Service, use a false or misleading name or give false or misleading information, and notwithstanding which, your obligation to purchase as a Winning Bidder shall not be abrogated by reason of the provision by you of any false or misleading information. If your details have changed since you last used the Service, you must provide us with the updated details. We are not responsible for any loss or damage (including misdirected Winning Bidder’s emails and misplaced deliveries) as may occur because you have not provided us with complete and accurate information.
(c) When you register for the Service, you must choose your user name and password. You must have a valid user name (or “login”) and password before you can bid on items on the Site. You are responsible for the security of your user name and password. You authorise us to assume that anyone using your user name and password is you or someone authorised by you. Unauthorised access and use of your details will, under no circumstances, negate your liability for any bids made on the Site or any obligation to purchase an item which may result from such use. You must notify us immediately if you become aware of any unauthorised use of your user name or password or of any other security breach.
(d) We will use our best endeavors to send notifications to you by e-mail of:
(i) the status of an online auction in which you are participating, such as ‘you have been outbid’ e-mails, or “you are the Winning Bidder” emails;
(ii) newsletters and other promotional events and offers, unless you tell us you do not wish to receive these communications when you complete your registration form,
however, we accept no liability for any loss or damage incurred if, for whatever reason, you do not receive such notifications.
(e) We will use your personal data strictly in accordance with our Privacy Statement. We will not sell your personal information to other mailing lists.
(f) You may request that your Account be closed by contacting our WA Auctioneers Help Centre with a closure request. You may not close your Account while you are the highest bidder on an online auction. When you are no longer the highest bidder, or when the auction closes, you may request that your Account by closed.
2.2 Eligibility to Participate
You must be able to form legally binding contracts to use the Service. This means that if you are under 18 years of age or otherwise legally prohibited from entering into binding contracts, you must not use the Service.
2.3 Registration Process
In order to be eligible, you must provide details of an acceptable credit card sufficient to make online payments. As part of the registration process, we may charge a nominal amount (AUD$1) to your credit card and then re-credit that amount to the same credit card (which usually takes no more than one week). These transactions may appear in your credit card statement. By registering, you irrevocably authorise us to process these transactions.
2.4 Your Information
(a) Your information includes any information you provide to us during the registration, online auction bidding process, your bidding activity at an online auction and product preferences in any public message area or through any e-mail feature (Your Information).
(b) You are solely responsible for Your Information. However, we may deal with Your Information if we deem it necessary or appropriate. For example, if we believe Your Information may create any liability for us. However, in dealing with Your Information we will always act reasonably.
(c) You must ensure that Your Information
(i) is true, accurate and complete;
(ii) is not fraudulent or misleading;
(iii) does not infringe any third party’s copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
(iv) does not violate any law, statute, ordinance or regulation;
(v) is not defamatory, libellous, unlawfully threatening or unlawfully harassing;
(vi) is not obscene or contains pornography;
(vii) does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming instructions that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
(d) Furthermore, you may not do anything involving the Service which:
(i) may violate or cause us to violate any applicable law, statute, ordinance or regulation, or
(ii) is expressly prohibited by these Terms and Conditions.
3. YOUR RIGHTS AND OBLIGATIONS
3.1 Your Obligations As Bidder
(a) When you use the Service and bid on an online auction conducted on our Site, you are making an offer to buy the item at your bid price. If your bid price is the Winner’s Bid Amount, you will be the Winning Bidder and are obliged to purchase the item you have bid for and pay the Winner’s Bid Amount, plus any additional charges that you may be obliged to pay. Please refer to clause 3.2 below for details in relation to “Your Obligation to Pay”.
(b) Please take care when making a bid as once your bid is placed, it cannot be withdrawn.
(c) Please take care when setting an Proxy Bid, as once your Proxy Bid is placed, it cannot be altered or withdrawn.
(d) It is your responsibility to read the Product Information and Sale Overview about any item we post for auction on the Site. Please do not rely solely on the title summary or any photographs of the item posted on the Site for a complete description of an item. You must not assume that the description or photograph of the item in any way offers an opinion or an assessment of the suitability of an item for you. If a photograph is provided, please use it as a guide only.
(e) Please make sure you understand the delivery and payment terms, including any addendum to those terms and conditions as outlined in the item’s description or in the Sale Overview. Note that a Buyer’s Premium, and other charges including a delivery and handling fee, will apply to most online auctions (please refer to clause 3.2 below for details of these additional charges).
(f) You must not engage in bid manipulation. Bid manipulation is any practice which unfairly induces other users to make bids or controls the bid price. This includes (but is not limited to) bidding in a way that pulls other bidders to their maximum bid, and then re-bid at a small increment above the legitimate high bidder or employ Shill Bidding, (being the use of secondary registrations, associates or aliases to artificially raise the bidding on an item). Buyers are also prohibited from communicating with each other for the common purpose of manipulating the final purchase price of an item.
(g) Please use common sense and caution when using the Service. There are risks involved when conducting business over the Internet. We cannot confirm the identity or location of each of the people who use the Service or whether such users are under age or acting under false pretence. We do not tolerate fraudulent practice by people using the Service or abuses of the system. However, we cannot guarantee that such conduct will not occur.
3.2 Your Obligation To Pay
(a) If you are the Winning Bidder on an online auction, you must pay:
(i) the Winners Bid Amount; and
(ii) the Buyers Premium; and
(iii) any other fees and charges specified in the Sale Overview, and including but not limited to tax, delivery, packaging, handling and insurance charges, (the “Invoice Amount”)
due to us either by:
(iv) authorised credit card deduction (charge), immediately; or where the amount payable exceeds AUD$5,000.00,
(v) by way of direct deposit (telegraphic transfer), deposit of a bank cheque or such other method whereby immediately cleared funds are deposited into the bank account nominated by us within 2 working days of closure of online auction.
(b) If you are the Winning Bidder and the Invoice Amount exceeds $5,000.00, and you fail to make payment of the Invoice Amount into a bank account nominated by us, we shall have the right (and you hereby authorise us) to charge your credit card, (either for the full or for part of the amount constituting the Invoice Amount that is owing to us) and hold such funds as a deposit pending final payment by you. In such circumstances we will also charge an additional 3% administration fee to your credit card, which amount will be calculated on the total of the Invoice Amount.
(c) If we find that the amount of credit available on your credit card is insufficient to cover the Invoice Amount due to us, we can deduct any portion of the Invoice Amount that is due and payable to us from your credit card and hold such funds as a deposit pending payment of the balance of the Invoice Amount due.
(d) If we are unable to deduct from your credit card the full sum of the Invoice Amount owing to us in one transaction, we shall be at liberty to process any such number of transactions on your credit card as is sufficient to satisfy the full Invoice Amount you owe to us.
(e) If you:
(i) refuse to pay or otherwise fail to complete the purchase of an item on an online auction when you are the Winning Bidder (for example, if your credit card balance is insufficient to meet all money due); or
(ii) do not comply with the terms and conditions contained in this Bidders Agreement then we will, at our absolute discretion, be at liberty to:
(A) sue you for the Winner’s Bid Amount and all other money owing to us, including the Buyers Premium and lost income;
(B) resell the item in any manner and upon such conditions as we see fit without notice of resale to you and claim the net shortfall (between the Winner’s Bid Amount and the resale price received after deducting all expenses (as specified in (C) below) if any from you; or
(C) charge you a cancellation fee of $250.00 or 20% of the Invoice Amount (whichever is the greater) to cover cost of resale of the item, lost commission and Buyers Premium, administration costs, restocking costs, additional costs including advertising, insurance, transportation, storage and any other reasonable expenses incurred in reinstating us to the same position as if the item was sold to you;
and in taking the steps in (A), (B) or (C), you hereby authorise us to charge your credit card with any money owing to us.
(f) Notwithstanding that a Winning Bidder may have been notified of their placement of the Winner’s Bid Amount, we may at our sole discretion choose to withdraw and not proceed with completion of the sale of the item in the following circumstances where:
(i) the credit card payment is not processed in the first run due to card entry errors (including an incorrect or expired card expiry date) made by the Winning Bidder;
(ii) there are insufficient funds/ the credit limit is insufficient to cover the sum of the Invoice Amount;
(iii) if the Winning Bidder fails to make payment of the Invoice Amount into a bank account nominated by us within 2 working days of the Winning Bidder placing the Winner’s Bid Amount; or
(iv) we are unable to contact the Winning Bidder for any reason.
(g) If you fail to comply with any of these terms and conditions, any moneys which you paid to us upon deposit on account of any purchases of an item may be forfeited absolutely and we shall be at liberty to sue you for recovery of the balance of the Invoice Amount and any other amounts as may be owing to us pursuant to these terms and conditions. In excercising this power of forfeiture, we will not act unreasonably.
3.3 Obligation To Maintain System Integrity
(a) You may not take any action that might interfere with the operation of the Service.
(b) You must not use any device, software or instruction to interfere or attempt to interfere with the proper working of our Site or any online auction being conducted on our Site. You may not take any action which imposes an unreasonable or disproportionately large burden on our infrastructure. You may not disclose or share your password to or with any third parties or use your password for any unauthorised purpose.
(c) You are solely responsible for your transmissions through the Service. You agree that you will
(i) not forge communications or take any other action which would disguise the origin of the communications transmitted by you through the Service;
(ii) not allow another person to transmit communications that falsely identifies your account as the origin of such a communication;
(iii) not interfere with or disrupt networks connected to the Service;
(iv) not use the Service for illegal purposes;
(v) comply with all regulations, policies and procedures of networks connected to the Service which either apply by operation of law or are referred to in the Site.
(d) We reserve the right to determine whether or not your conduct is consistent with the spirit and the letter of these terms and conditions and may, at our sole discretion, immediately terminate your Account and use of the Service if your conduct is deemed by us to be inconsistent with these terms and conditions. However, in excercising our rights we will not act unreasonably.
4. THE ONLINE AUCTION PROCESS
(a) You may bid:
(i) by placing a normal bid ; or
(ii) through Proxy Bid.
(b) If you bid at an online auction using Proxy Bid, you are responsible for monitoring the online auction in which you are participating and acting in the auction by instructing Proxy Bid with your bids.
(c) If you leave the Proxy Bid text field blank, the bid amount that will appear when you submit a normal bid will apply.
(d) You cannot increase your Proxy Bid bid when you are the current highest bidder. You must wait until someone else outbids you before you can place another normal bid or Proxy Bid.
(e) An online auction will start at the specified time and at the nominated minimum starting price.
(f) All bids placed at an online auction
(i) must be made on a per-item basis, and
(ii) may only be increased by multiples of the posted bid increment.
(g) We set a minimum price for each item we auction at which the bidding must start.
(h) We have discretion to close an online auction before the scheduled time. For example, we may close an online auction if:
(i) there is or we suspect fraudulent or malicious biding;
(ii) there are processing errors;
(iii) there are technological errors or Site failure; or
(iv) there is or we suspect problems with vendor title.
(i) If an online auction closes without any bid activity, we may extend that online auction for a time period being the length of the original auction in which there was no bid activity. The extended auction will retain all bid history from the original auction.
(j) Normal bids and Proxy Bids placed on online auctions will be ranked in the following order of precedence, namely, bid price over bid quantity over initial bid time. For example, if two or more bids are for the same bid price, the higher quantity will take precedence. If two or more bids are for the same bid price and bid quantity, the time the bidder placed their first bid on the item (or lot) takes precedence.
(k) All bids placed on online auctions are made on a per-item basis and bid amounts may only be increased in multiples of the specified bid increment. While you are the current highest bidder on an online auction, you will not be permitted to lower your current bid with a new lower bid, nor will you be permitted to lower your bid quantity with a new bid. If you want to decrease your quantity, you must wait until your current highest bid is exceeded by another bidder.
(l) Winning bids placed at online auctions will be processed by us even if the bidder’s bid is successful only in respect of a percentage of the lot or unit volume bid upon by that bidder. For example, if a bidder bids on 10 units and is successful in relation to 2 of those units, but is outbid on the other 8 units, we will recognise the Winning Bid Amount placed by you with respect to the 2 units only.
4.2 Conclusion Of Online Auction
(a) The auction closes at the end of the time period specified for that online auction where there are no new successful bids during the 1 minute immediately preceding the end of the time period specified. If there are any successful bids on a particular lot/item within 1 minute of the close of the online auction (the going, going, gone period), the auction will continue to be extended until there are no more within the Refresh Period. Due to circumstances beyond our control, the Refresh Period may vary from time to time by a number of seconds. WA Auctioneers accepts no responsibility for any circumstances or incidents arising as a result of any slight variations that may occur in the Refresh Period.
(b) When an online auction in which you have been participating closes and you are the Winning Bidder, we will notify you by e-mail. This notice will include
(i) notification that you are the Winning Bidder and of the amount of your winning bid;
(ii) the item number and description;
(c) We provide this notice out of courtesy and as a reminder to you. Due to problems beyond our control you may not receive this email, however, you are solely responsible for monitoring the status of any online auction in which you participate and non-receipt of a
Winning Bidder (or any other) email from us shall not abrogate or release you from your obligation to complete the sale and purchase the auction sale item. Additionally, you are responsible for completing your obligations with respect to the purchase after the online auction has closed.
(d) When you place the winning bid at an online auction, you authorise us to charge the cost of your purchase and the cost of the applicable delivery, packaging, handling and insurance fees, together with any other purchases you have made in accordance with clause 3.2.
(e) If you are the Winning Bidder for an item at an online auction, you are contractually obliged to complete the transaction and purchase that item.
(f) You acknowledge that:
(i) unless otherwise stated all prices are quoted in Australian dollars;
(ii) you must pay for goods and services, including delivery, packaging, handling and insurance costs and other fees as outlined in clause 3.2 above, in Australian dollars, unless otherwise specified.
4.3 Processing and Technological Errors
In the event of errors in processing and/or site downtime or any other errors or delays caused to the site and/ or Service as a result of unforeseen technological difficulties associated with our servers, data hosting centre, internet service provider or any other reason, we hereby reserve the right to:
(a) decide (prior to or after the original time set for conclusion of the online auction) to extend an online auction for a period of time (determined at our discretion); and/or,
(b) decide (prior to or after the original time set for conclusion of the online auction) to re-open an online auction for a period of time - to be determined at our discretion; and/or,
(c) retract any Winning Bidder’s emails which may have been sent out to bidders prior to or following (as the case may be) the conclusion of an online auction; and/or,
(d) amend at any time prior to or during an online auction, the “start price” allocated to an item for sale online, but only so as to correct any errors due to processing or technological fault; and/or,
(e) void that entire online auction transaction and open the auction again at the original start prices.
5. PRODUCTS FOR SALE ON ONLINE AUCTION
5.1 Description of Goods
(a) In relation to the items sold in an online auction, we will endeavour to:
(i) provide accurate descriptions to fairly reflect each item;
(ii) pass clear title to the items to you; and
(iii) ensure that each item for auction on the Site is available at the time of the auction.
(b) Subject to any rights you may have under the Trade Practices Act and similar laws we do not make any promises that:
(i) the items are fit for a particular purpose;
(ii) they are able to be repaired, replaced or serviced over and above the rights which you have under vendor’s warranties;
(iii) that we will be able to replace or exchange any of the items which are found to be defective on delivery.
5.2 Return of Goods
(a) Any item sold by auction is sold “as-is where-is” basis. Regardless if offered as a new, unused product.
(b) Australian Consumer Law makes no provision for any claim made upon goods purchased by auction, though a licenced auction company.
(c) Subject to any rights as may be afforded to you under any State or Commonwealth law, if an item is sold by us on an online auction, and that item is sold with an accompanying manufacturer’s warranty, we will take no responsibility whatsoever for the content, fulfilment or enforcement of that manufacturer’s warranty, and it shall be your responsibility at all times to contact any such manufacturer in relation to all queries and claims relating to the manufacturer’s warranty.
5.3 Retail Prices
In certain circumstances, an item for sale on the Site may display the manufacturer’s original retail price (ORP). Please be aware that this is not a reference to the current recommended retail price of the goods but rather a reference to the price supplied by the manufacturer, distributor or retailer of the item at the time of the item’s original sale, and therefore such prices may not be current as at the time of the online auction of the item. WA Auctioneers takes no responsibility for the display of ORP’s on any item it offers for sale at an online auction on its Site, and hereby advises all bidders to satisfy themselves as to the value of the item being auctioned.
In certain circumstances, an item for sale on the Site may include reference to the manufacturer’s Recommended Retail Price (RRP). Please be aware that if a RRP is included with a sale item, the RRP has been supplied by the vendor of the item and the vendor has warranted to us that the RRP is current at the time the item is placed on the Site for sale by online auction. WA Auctioneers accepts no responsibility for the accuracy or otherwise of any RRP’s included on any item it offers for sale at an online auction on its Site, and WA Auctioneers hereby advises all bidders to independently satisfy themselves as to the value of the item being auctioned.
The Comparable Retail Price (CRP) means the price at which in the judgment of our manufacturers or suppliers, is the comparable selling price in retail shops for the same or similar item. In some cases the CRP may be supplied by an importer of products who has not sold in the domestic market, and in these cases the CRP may be calculated using a foreign retail price (adjusted) as a guide. You may choose to use the CRP as a reference guide. WA Auctioneers takes no responsibility for the display of CRP’s on any item it offers for sale at an online auction on its Site, and hereby advises all bidders to satisfy themselves as to the value of the item being auctioned.
6. OUR RIGHTS
6.1 Suspension From Use Of Service
(a) We may refuse you the right to use the Service if you
(i) are successful at an online auction and do not pay for the bid item and/or refuse delivery of the item;
(ii) give information which is untrue, inaccurate or incomplete; or
(iii) if we become aware that you have engaged in any form of bid manipulation you will be permanently suspended from the Service, including all associated secondary and re-registered membership accounts.
(b) We may suspend, cancel or terminate your access to the Service if you breach or fail to observe these Terms and Conditions or for any other reason at our discretion. However, we will not excercise our discretion unreasonably.
(c) If we suspend your access to the Service, you may not register again.
6.2 Our Discretion
(a) It is illegal to make bids in a false name or with an invalid or stolen credit card, even if our software initially accepts such a bid. Fraudulent bidders will be prosecuted to the fullest extent of the law. You will also be reported to your Internet Service Provider.
(b) You may be sued by us for losses suffered by our vendors because of your bid manipulation or illegal action. Those proceedings can result in bankruptcy if you cannot pay the amount claimed. We may at our sole discretion suspend, cancel or terminate the provision of the Service to you if you engage in bid manipulation or illegal activities. If you engage in illegal activities in connection with the use of the Service, we may report you to the relevant authority or take civil or criminal action against you.
(c) If your credit card balance is insufficient to meet all money due to us, then in addition to all other remedies available to us pursuant to these terms and conditions and at law, we may immediately institute proceedings for full financial restitution.
6.3 Our Rights Upon Breach By You
We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your registration Account on any of your current online auctions, and any other information you place on the WA Auctioneers site if you breach this Bidders Agreement or if we are unable to verify or authenticate any information you provide to us.
6.4 Rights As agent and/or Seller
(a) We may withdraw and / or re-offer an item from an online auction where the item:
(i) becomes unavailable due to damage,
(ii) or the title to or provenance of the item is disputed;
(iii) is withdrawn by the manufacturer, distributor or vendor;
(iv) fails to draw a bid above the posted minimum,
(v) fails to draw any bid;
(vi) has been erroneously listed twice; or
(vii) is incorrectly described.
(b) We also reserve the right to change the:
(i) quantities of products posted;
(i) maximum number of items which you may bid for; or
(i) bid increment during the auction. For example, we will make these changes where processing errors, technological errors or other errors result in loading of incorrect information.
7. LIABILITY AND INDEMNITIES
7.1 Our Liability To You
(a) We are not responsible for bids not received, processed or accepted due to technical difficulties, including those online bids placed by Proxy Bid. In particular, we are not responsible for any loss, liability or damage incurred by you as a result of a bid not received, processed or accepted due to technical difficulties.
(b) We provide the Site and the Service without any warranty or condition with regard to the Site’s capacity express or implied except those warranties which are implied by law. In relation to the items which we auction at the Site, we provide those warranties implied by law.
(c) Neither we nor our suppliers will be liable for any lost profits or any special, incidental or consequential damages (however arising, including negligence) arising out of or in connection with the delivery of the Service.
(d) We do not guarantee continuous, uninterrupted or secure access to the Service, and operation of the Site may be interfered with by numerous factors outside of our control.
(e) You acknowledge that the Internet can be an unstable and, sometimes, insecure marketplace. At times the Service may not be available or bids placed at online auctions may not be processed or may not be accepted for reasons beyond our control. In these circumstances we accept no responsibility. We will not post a bid on your behalf.
(f) We cannot guarantee that we will notice or be able to prevent any illegal or inappropriate use of the Site.
(g) We cannot guarantee the preservation of any record, particularly after the provision of the Service to you has been suspended, cancelled or terminated and may delete information at our sole discretion and without notice.
7.2 Limitation Of Our Liability To You
(a) To the extent that we are able under the Trade Practices Act or State and territory law to limit the remedies available under this agreement, we expressly limit our liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is at our sole discretion):
(i) in the case of goods, any one or more of the following, at our absolute discretion:
(A) the replacement of the goods or supply of equivalent goods; or
(B) a full refund.
(ii) in the case of services:
(A) supply of the services again; or
(B) a full refund.
(b) Nothing in these terms and conditions is intended to limit or exclude any liability on our part where and to the extent that applicable law (eg the Trade Practices Act) prohibits such exclusion or limitation.
(a) You waive, release, discharge and relinquish any and all claims that you now have or may have against us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to the use of the Service.
(b) You agree to indemnify and defend us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives (the WA Auctioneers indemnified parties) harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by the WA Auctioneers indemnified parties arising out of or in connection with the performance of its duties as described in these Terms and Conditions (except as caused by the gross negligence or wilful misconduct of the WA Auctioneers indemnified parties) including the legal costs, fees and expenses of defending ourselves against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of your negligent act or omission.
(c) You further agree to indemnify and hold us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives (the WA Auctioneers indemnified parties) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of the violation of these terms and conditions by you, or
(d) the infringement by you, or other user of the Service using your user name and password, of any intellectual property or other right of any person or entity.
These indemnities are subject to “Our liability to you” and “Limitation of our liability to you”.
8. COLLECTION DELIVERY, INSURANCE AND RISK
8.1 Collection and Delivery
(a) Details concerning collection and/ or delivery of items by a Winning Bidder following the conclusion of an online auction are stated in the Sale Overview, provided that we shall be entitled to withhold delivery of any items until you have paid all sums due to us as the Winning Bidder under the online auction.
(b) Unless otherwise expressly agreed in writing with you, any collection times specified by us in the Sale Overview or otherwise are business estimates only and we will not be liable to you for any loss or damage sustained by you as a result of our failure to comply with such details.
8.2 Risk and Title
(a) If the item is to be delivered by us to a place nominated by you, then the risk therein shall pass to you when the Invoice Amount is paid for in cleared funds and the items are delivered to your nominated destination.
(b) All items to be delivered must be delivered to a specified premises and receipt of such items must be acknowledged by signature. Following the provision by you of delivery location details, you may not contact our courier company directly and authorise them to deliver the items to another address. If you authorise for the items to be delivered to your or another address without signature (Left as Instructed by selecting optional delivery instructions), or arrange for collection of the courier company directly. If you contravene this clause you will waive any right you may have had to personal delivery, and you shall accept all responsibility for any loss of or damage caused to the items and you hereby release WA Auctioneers from any liability for any loss or damage caused as a result.
(c) If the item is to be collected by you from our or any other premises all risk and title in that item shall pass to you upon receipt by us of the full Invoice Amount.
(d) In the event that the item is withheld by us in accordance with these terms and conditions, risk in the item shall pass to you at such time as you would have been able to collect the item had we not been withholding them.
(e) You cannot change or request to change your delivery address details after an online auction has closed. WA Auctioneers accepts no responsibility for misdeliveries made if the purchaser changes their delivery address details after an online auction has closed.
(f) Where WA Auctioneers offers delivery as a part of an online auction, the freight calculator will calculate the relevant freight, handling, packaging and insurance cost from the originating distribution centre. In this case the insurance relates only to the Invoice Amount.
(a) Our online auction Privacy Statement (as it appears from time to time) is available on the Site. We will take all reasonable steps to abide by this policy and all users of the Site hereby agree to its Terms and Conditions and agree to act in accordance with the policy when using this Site.
(b) If you do not agree to the collection of this information and the other information specified in the online auction Privacy Statement, then do not accept the Terms and Conditions of this agreement.
(c) By accepting the Terms and Conditions of this agreement, you also consent to the following:
(i) Collection of a variety of personal information which is specified in greater detail in the Online Auction Privacy Statement. This information includes your address, gender, date of birth and contact details; in some cases, credit card details; bidding and buying activity at online auctions; and your use of our Site generally.
(ii) Use of the above personal information is for certain purposes specified in greater detail in the Privacy Statement. These purposes include internal use for improving the Service; meeting our obligations under State or Federal law; statistical analysis of usage of our Site to improve the Service; to utilise our content and product offerings and deliver promotional material to you (if you have opted for this service); and administrative purposes connected with the Site including for bidding at online auctions.
(iii) We may disclose your information in certain circumstances. These circumstances are specified in the Online Auction Privacy Statement. You may also have rights as a consumer under the Trade Practices Act and other laws.
10. GOVERNING LAW
This agreement is governed by and must be construed according to the law of Western Australia. WA Auctioneers and you are subject to the jurisdiction of the courts of Western Australia.
(a) The Sale Overview will state whether the sale price of a lot is inclusive of goods and services tax (GST Inclusive) or exclusive of GST (GST exclusive).
(b) You acknowledge and agree that:
(i) if the sale price is GST inclusive, the Buyer’s Premium will include GST and will be calculated as a percentage of the sale price (inclusive of GST) and payable by you at the same time as the sale price;
(ii) if the sale price is GST Exclusive, GST will be calculated on and added to the sale price, and the Buyer’s Premium (exclusive of GST) will be calculated on the sale price and payable by you at the same time as the sale price.
12. FURTHER INFORMATION
12.1 Online Auctions
(a) All visitors to the Site should familiarise themselves with the Online Auction Rules before participating in the WA Auctioneers online auction. Please note the Online Auction Rules are a summary only of this Bidders Agreement.
(b) WA Auctioneers items are offered for sale subject to the specific warranty details described with each item and our overall returns policy. WA Auctioneers excludes, to the extent permitted by the Trade Practices Act and state and territory laws, all other warranties or conditions, whether express or implied, including, without limitation, implied warranties or conditions of merchantability or fitness for a particular purpose.
(c) Auction firms and consigning sellers are strictly prohibited by law from placing bids on their own behalf in order to alter or artificially increase the product price in an auction.
(d) WA Auctioneers online auctions are managed by WA Auctioneers ABN 71 720 846 112.
12.2 Time - Online Auctions
(a) When bidding on WA Auctioneers auctions the Time is reflected on the Sale Overview, Catalogue Page, Lot Page and other pages on the site.
13. DEFINITION AND INTERPRETATION
(a) Proxy Bid means the process whereby you elect and submit a maximum bid amount and our online auction system will automatically incrementally increase your existing bid in the event that your existing bid is exceeded by another bidder up to your maximum bid amount.
(b) Buyers Premium means that percentage of the Winner’s Bid Amount as identified on the Sale Overview and payable by the winning bidder of an auction. The Buyer’s Premium is payable in addition to and at the same time as the Winner’s Bid Amount, and will form part of the total Invoice Amount to be paid by the winning bidder for the purchase of the sale lot. The Buyers Premium may be GST inclusive or exclusive, and will be clearly marked which one in the Sale Overview.
(c) Invoice Amount has the meaning given to it in clause 3.2 of this Bidders Agreement.
(d) Lot Description means the description of a product contained with the sale catalogue and identified with its individual lot number.
(e) Online Auction Rules means those rules contained in the Auction Rules section.
(f) Privacy Statement means that statement contained in the Privacy & Security Section.
(g) Product Information means any information posted by us on the Site in relation to any item posted by us for sale on the Site.
(i) Returns Policy means that policy contained in the Returns Policy section.
(j) Sale Overview means the special terms and conditions and specifications attaching to a particular good which are accessed by the potential bidder upon entry to the online sale portal for that particular good, and prior to accessing the catalogue and lot view details.
(k) Service means the WA Auctioneers online auction service governed by these Terms and Conditions and any other conditions contained on the Site.
(l) Site means the WA Auctioneers website.
(m) us/we means WA Auctioneers ABN 71 720 846 112 of 12 Bombardier Rd, Wangara WA 6065
(n) Winners Bid Amount means:
(i) The amount of the highest bid; or
(ii) where two or more bids are for the same price, the bid amount that is for the greater quantity of goods; or
(iii) where two or more bids are for the same price and quantity, the bid that was placed first.
(o) Winning Bidder means that bidder who has the highest bid at the conclusion of the online auction, allowing for any Bid Precedence rules.
© 2015 WA Auctioneers - All Rights Reserved
Sebae Data Solutions, Inc.
SERVICE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections.
HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".
Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.
When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).
The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions.
Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer
Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC.
LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.