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1.
The highest bidder will be the Purchaser, subject to Vendor acceptance and any reserve set by the vendor. However, if any dispute arises as
to the last or highest bidder, at the discretion of the Auctioneer, that
particular lot in dispute may be put up again and resold. 2.
Bid prices are exclusive of
GST. 10% GST will be added to the invoice at the fall of the hammer. 3.
All lots will incur a
buyer’s premium. Please refer to individual catalogues and lots for the
relevant buyer’s premium. The relevant buyer’s premium will be added to the invoice
at the fall of the hammer. 4.
Vendors not registered for GST will be identified as such in the lot description. In turn, the purchaser
will not be liable to pay GST on that lot. 5.
The auctioneer may refuse to accept any bid or withdraw any lot throughout the entire process of the sale 6.
Full payment is due within
24 hours of receiving the invoice. If any lot is being financed, the lesser of
10% of the lot value or $10,000 must be paid within 24 hours as a holding
deposit to secure the sale. Please Note: If paying Benabilla Auctions for the first time, Please contact Kaz on 0423145698 or Russ on 0422752497 to confirm Bank Details. 7.
Ownership of an asset will
not transfer to the purchaser until full payment has been received into the
BenaBilla Auctions Trust Account. 8.
The Auctioneer shall not be
responsible for any damage to property or injury to persons incurred during the
collection of lots purchased. 9.
Upon any Purchaser failing
to comply with any of the above conditions any money deposited in part payment
shall be absolutely forfeited and all lots uncleared may be resold and the
deficiency (if any) on such resale, together with all costs and charges
consequent upon such resale, shall be made good by the defaulter at this sale. 10. All lots are available for inspection prior to auction. As
such, all lots are offered for sale “as is,
where is” with all faults (if any). To the full extent
permitted by law and notwithstanding the contents of or any description given
in any catalogue, advertisement, engineers’ report or other materials issued by
the Auctioneer in relation to a lot, no express or implied condition, warranty
or guarantee is made or given in relation to that lot as to its condition,
quality, fitness for purpose, merchant ability or compliance with description.
You should independently verify any information which is important to your
purchasing decision. 11. To the full extent permitted by law, the Vendor and the
Auctioneer will not be liable for any loss, damage, cost or expense suffered or
incurred by a Purchaser arising out of the sale and purchase of a lot.
Subject to all applicable laws, any liability of the Auctioneers shall be
limited to a refund or credit of the charge made for services provided by the
Auctioneers 12.
All heavy vehicles will be sold unregistered unless
stated otherwise 13.
It is the purchaser’s responsibility to ensure
that lots comply with the Workplace Health and Safety Act before used in the
workplace. 14.
No allowance or refund will
be made, nor will any Purchaser be permitted to reject any lot on the grounds
that it is not correctly described on the website and in the catalogue. 15.
All purchased lots must be collected within 14 days or by agreement with the vendor. If prior arrangement has not been made after the 14 day period, sold lots will be forfeited to the vendor. 16. Upon any purchaser failing to comply with any of the above
conditions all monies received in any part payment shall be absolutely
forfeited to the vendor, and all lots uncleared may be resold by Public Auction
or Private Contract and the deficiency (if any) on such resale together with
all costs and charges attending, shall be made good by the defaulter at the
sale. 17.
The buyer will indemnify the
auctioneer from and against any damages, interest, costs, demands, charge,
claim, cause of action or expenses in the event that the lot is not to the
satisfaction of the purchaser, upon or after the fall of the hammer.
18.
Upon registering to
participate in an auction, the purchaser acknowledges they have read and
understood the terms and conditions.
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