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Subject to condition 4 hereof and subject to any reserve price, the highest
bidder shall be the Purchaser but, in the event of any dispute, the Auctioneer
shall have absolute discretion to resolve the dispute or regardless of the fall
of the hammer to re-submit the lot for sale by auction at the sale in progress
or as soon as practicable thereafter. In this regard, the Auctioneer’s decision
shall be final and conclusive.
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Subject to Condition 1 hereof, the entry of the Purchaser’s name in the record
or book kept by the Auctioneer or by his employee (either of whom shall be
authorised by the Purchaser to so enter his name) shall be binding upon the
Purchaser and such record or book, together with these conditions, shall
constitute the whole of the Contract between the Auctioneer and the Purchaser
and the Vendor and the Purchaser.
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As soon as practicable after the fall of the hammer the Purchaser shall sign
the agreement (if any) for sale.
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The Purchaser shall be deemed to purchase as principal unless prior to the sale
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a) he shall have disclosed to the Auctioneer that he will be bidding on behalf
of a principal and shall supply the full name and address of his principal, and
b) he has given to the Auctioneer a copy of a written authority to bid for or
on behalf of a person.
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The Auctioneer and the Vendor reserve the following rights which may be
exercised by the Auctioneer without giving any reason therefore -
a) not to offer for sale any lot described in the catalogue:
b) not to offer for sale part only of any lot described in the catalogue:
c) to offer two (2) or more lots of the lots described in the catalogue as
separate lots for sale together as one lot:
d) should such lots referred to in (c) of this Condition not be knocked down
under the hammer to a successful bidder, to offer such lots as separate lots:
e) to withdraw any lot or lots from sale:
f) to refuse to accept a bid or bids from any person or persons which in the
opinion of the Auctioneer is not in the best interest of the Vendor:
g) to refuse admission to or eject from the selling place any person or
persons:
h) to refuse to accept any bid for a lot being less than a sum nominated from
time to time by the Auctioneer.
i) to keep secret the existence and amount of the reserve price (if any) of a
lot prior to the close of bidding or withdrawal from sale of the lot:
j) in the event that the Purchaser shall successfully bid for more than one lot
at the auction -
i) to appropriate any moneys received from that Purchaser in
satisfaction or partial satisfaction of the purchase price (and sales tax, if
applicable) due in respect of any one or more of such lots to the total of
partial exclusion of amounts due in respect of any other such lot or lots as
the Auctioneer shall see fit; and
ii) to elect at any time to treat each Contract for the sale
of each such lot as interdependent with each other such Contract or Contracts
and default under any such Contract shall be treated as default under all such
Contracts:
k) to bid on behalf of any prospective Purchaser or Purchasers with or without
disclosure:
l) in the event that any lot is not sold at the auction to offer to sell same
thereafter by private treaty but otherwise subject to these Conditions: and
m) to permit the Vendor or any person on his behalf to make two or more bids
for any lot.
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The Vendor reserves the right to bid at the auction in respect to any lot.
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Any bidder shall give his full name and residential address forthwith upon
being called upon to do so by the Auctioneer
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a) Prior to the end of the auction or at any time thereafter specified by the
Auctioneer the Purchaser shall pay to the Auctioneer the full price for the lot
plus buyer premium, and any other government charge applicable to the goods.
b) The Auctioneer at his discretion may not require immediate payment or part
payment for a lot:
c) The purchase price and, where applicable, any part payment thereof, and
sales tax shall be paid in cash.
d) any balance of the purchase price for a lot shall be paid by the Purchaser
to the Auctioneer no later than the expiration of the period during which the
Purchaser is required by the Conditions to take delivery of the lot and he
shall not be entitled to require delivery until the purchase price and, where
applicable, sales tax, licence fee or government charge shall have been paid in
full: and
e) Time shall be of the essence in relation to the interpretation and
observance of these conditions.
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No error or misdescription or deficiency in quantity shall vitiate the sale and
the Purchaser shall be bound to take delivery of the lot without any allowance
or abatement in price. Any warranties which might otherwise be implied by the
Sale of Goods Act, 1923, are hereby excluded and shall not apply. The
Auctioneer and the Vendor make no warranties other than those implied by the
Common Law or by statute the exclusion of which warranty would render this
condition void or voidable or which would constitute an offence by the
Auctioneer or the Vendor. Intending bidders must satisfy themselves by
inspection or otherwise as to the nature of the lot or lots offered for sale
and must accept same with all fault, patent or latent (if any). Furthermore, no
warranty shall be implied from any affirmation made at the auction or otherwise
but in all cases where an express warranty is intended, the same shall only be
enforceable of reduced to writing and signed by the Vendor or by the Auctioneer
as agent for the Vendor.
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a) Risk in each lot shall pass to the Purchaser from the fall of the hammer and
neither the Auctioneer nor the Vendor shall be accountable for any deficiency,
damage or loss which may arise thereafter.
b) Notwithstanding the passing of possession and risk to the Purchaser,
property in and title to each lot remains with the Vendor until payment of the
full purchase price and, where applicable, sales tax, licence fee or government
charges for the lot is received by the Auctioneer in cash or cleared funds.
c) Until lots delivered to the Purchaser are paid for in accordance with this
clause, the Purchaser shall keep the lots as fiuciary for the Vendor and if
requested by the Auctioneer store the lots in a manner which clearly shows the
ownership of the Vendor.
d) The Purchaser irrevocably authorises the Auctioneer to enter upon any
premises occupied by it to inspect lots which have been paid for and to remove
them if the Vendor so desires.
e) The Purchaser may not sell any lot to a third party until title in the lot
has passed to the Purchaser in accordance with clause 10(b).
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No lot shall be removed during the sale, but subject to condition 10 hereof,
delivery is to be taken and the lot removed by the Purchaser within one (1)
full working day of the day of the auction or such other period of time as may
be specified by the Auctioneer at the time of sale and, in this respect, time
is of the essence. Any removal shall be at the expense and risk of the
Purchaser but, in such removal, the Purchaser shall do no damage, or shall
forthwith make good any damage which may be occasioned. Any lot or part thereof
which the Purchaser does not removal may thereafter be removed by the
Auctioneer or by some person, firm or company engaged by the Auctioneer or the
Vendor and/or stored at the place at which the auction took place or elsewhere
by the Auctioneer or by some person, firm or company engaged by the Auctioneer.
Such removal and/or storage shall be deemed to have been made by the Auctioneer
at the request of the Purchaser and all costs incurred by the Auctioneer or the
Vendor in relation thereto together with an amount of $10.00 exc GST per lot
per day penalty shall be immediately payable by the Purchaser to the Auctioneer
and the Auctioneer may sue for and recover the same as liquidated damages.
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In addition to the purchase price, the Purchaser shall pay to the Auctioneer a
fee calculated at the rate of up to ten per cent (10%) excluding GST of the
full purchase price excluding State or Federal taxes that may be applicable.
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If the Purchaser shall default in the observance of performance of any of his
obligation under these conditions or any one or more of the then any moneys
which the Purchaser shall be absolutely forfeited and, without notice to the
Purchaser, such lot or lots may be re-sold either by public auction or private
contract and upon such terms and conditions as either the Auctioneer or the
Vendor shall deem fit at the risk and expense of the Purchaser who shall be
liable for any deficiency together with all expenses of removal, commission,
warehousing and other charges arising out of such default and the Auctioneer or
the Vendor shall be entitled to recover same as and for liquidated damages.
Without limiting the generality of the foregoing, the Auctioneer shall be
entitled to recover from the Purchaser -
(i) the amount of any commission upon the purchase which the
Purchaser did not complete, the commission being determined in accordance with
the rate prescribed by the Auctioneers and Agents (Remuneration) Regulation
1981 or such future Regulation replacing amending or modifying the same.
(ii) such sum for expenses and charges incurred by the
Auctioneer in connection with or incidental to the auction and in respect of
any such resale, and,
(iii) where applicable, any sales tax, value-added tax or any
other tax relating to or arising from the sale of the property or any part
thereof of the Vendor.
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The Auctioneer may bid for the Vendor or for any prospective Purchaser and any
such bid need not be expressed to be effective and shall be sufficiently
evidenced if entered in any record or book kept by such Auctioneer.
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The purchaser shall be responsible to ensure that the appliance plant or
equipment complies with the requirements of Workplace Health and Safety Acts
before it is used in the workplace or for domestic use.
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The purchaser acknowledges that the Auctioneer does not warrant that any lot
purchased complies with the requirements of Workplace Health and Safety Act
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In these Conditions, the word “Auctioneer” means T.H.A Nationwide except that
where the context so permit it shall include the persons actually conducting
the auction on behalf of Tony Hyman Motor Auctions.
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On the fall of the hammer, the Auctioneer may require and the Purchaser shall
pay a cash deposit of twenty five per cent (25%) in part payment of the
purchase price for the lots purchased by the Purchaser. In default, the lot or
lots so purchased may at the absolute discretion of the Auctioneer by
immediately re-offered for sale and re-sold.
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