Conditions of Sale
Important information about our conditions of sale
Effective as of January 1st 2016
Please take the time to read all of the following terms and conditions carefully.
It is a condition of entry to any and all sales and/or inspections and/or auctions we conduct that the following terms and conditions are strictly adhered to by any party wishing to participate in said sale and/or auction.
Attendance by you or by a party (or parties) representing you at a sale, inspection or auction we conduct signifies your agreement to these terms and conditions.
1. All persons intending to bid must have a buyer’s number. No bid will be accepted without a registered number.
2. Subject to any reserve price the highest bidder shall be the buyer.
3. The vendor shall have the right to bid by the Auctioneer or by the vendor’s agent for any lot offered.
4. The auctioneer may, without giving any reason therefore, refuse to accept the bid of any person and may decline the offer for any lot or withdraw any lot or lots from sale.
5.Should any dispute arise as to any bid, the relevant lots or lots may at the option of the auctioneer to put up again and resold.
6. At the discretion of the auctioneer every bid shall be at least 5 per cent in advance of the previous one and no person may retract his or her bid once made.
7. The auctioneer reserves the right to request a minimum of 5% and up to 20% deposit on the fall of the hammer on any lot offered.
8. The balance of purchase price plus any GST which may be payable shall be paid IN FULL ON THE DAY OF SALE AT THE PLACE OF SALE at a time nominated by the auctioneer. The auctioneer reserves the right to request a certified bank cheque or clearance of private or company cheques before delivery if a buyer is not known to the auctioneer. All goods which have been paid for in full must be removed by the buyer at the buyer’s expense on the day of sale by the time specified by the auctioneer or by arrangement with the auctioneer.
9. The whole of the lots having been available for inspection, no allowance or refunds will be made, nor will any buyer be permitted to reject any lot on the grounds that it is not correctly described, the said lots are to be taken with all faults (if any) and will be at the buyer’s risk on the fall of the hammer and thereafter the vendor will be free of all responsibility for safeguarding the goods and will not be liable for any loss or damage to the goods sold, whether such loss or damage is caused or contributed to by any act, neglect or default of the vendor, its servants, employees or agents.
10. Upon the buyer failing to comply with any of the above conditions all moneys received in 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.
11. All buyers or members of the public enter the auction rooms or vendors premises entirely at their own risk. Buyers and members or the public are warned of the possibility of dangerous machinery, chemicals, etcetera, being present in the auction rooms or vendor’s premises. People may not be familiar with the surroundings – please be careful.
12. Time shall be the essence of the sale of any lot.
13. Whilst every care has been taken in advertising and in the compilation of this catalogue, the auctioneer and/or vendor accept NO RESPONSIBILITY for any misdescription and make no warranty whatsoever. Measurements and quantities shown are approximate and intended only as a guide to prospective buyers.
14. The buyers is wholly responsible for any damage to property or injury to persons incurred during the removal of a lot or lots purchased, including damage or injury caused by their agents or employees.
15. The property entered for sale is subject to commission and fees if sold privately by the vendor with or without reference to the auctioneer.
16. TERMS ARE STRICTLY PAYMENT BEFORE DELIVERY
17. Buyers will not be permitted to re-sell or subdivide lots on the auction site.
18. Delivery will be given only on production of the receipted auction invoice.
19. Storage charges will be levied at $10 per day per lot or part thereof for every day after the specified delivery period until such goods are removed or re-sold.
(A BUSINESS NAME OF STJ INVESTMENTS PTY LTD ABN 52 007 912 441)
(AS AGENTS FOR THE VENDOR)
All accounts exceeding $500 must be paid by cash, certified bank cheque EFTPOS or Internet transfer unless prior credit arrangements have been established with the auctioneer. If the sale is being held on a weekend or public holiday prospective buyers who wish to pay by personal cheque must have with them a letter from their bank stating creditworthiness.
NO WARRANTY IS GIVEN OR IMPLIED THAT THE PLANT, EQUIPMENT, SUBSTANCES, ETC, BEING SOLD ARE FREE OF FAULTS, DEFECTS AND HAZARDS, OR THAT THEY COMPLY WITH ALL APPLICABLE LEGISLATION, OPERATIONAL REQUIREMENTS AND SAFETY INSTRUCTIONS. PURCHASERS ARE ADVISED THAT THEY SHOULD HAVE ALL PURCHASES CHECKED BY A COMPETENT PERSON FOR FAULTS, DEFECTS AND HAZARDS BEFORE BEING USED. THE AUCTIONEERS ACCEPT NO RESPONSIBILITY FOR ANY LOSS, DAMAGE OR INJURY CAUSED BY ANY FAULT, DEFECT OR HAZARD PRESENTLY EXISTING OR ARISING FROM THE USE OR MISUSE OF ANY SUCH PLANT, EQUIPMENT, SUBSTANCE, ETC.
Goods are presented for sale on behalf of the vendor/s based upon Terms & Conditions of sale by Kearns a business name of STJ Investments Pty Ltd ACN 52 007 912 441 attached to the catalogue. These terms state specifically that goods are offered “as is, where is” without warranty nor are they fit for any particular purpose nor is any indication expressed or implied by the Auctioneer as to the serviceability status of any item.
The (South Australian) Occupational Health & Safety & Welfare Act 1986 and the subsequent Occupational Health & Safety and Welfare Regulations 1995 impose obligation in the respect of the safety for workers arising out of the DESIGN MANUFACTURE AND SUPPLY of plant and machinery for use in the workplace. Both KEARNS AUCTIONS AND THE VENDOR/S WARN BUYERS THAT NO LOT OFFERED FOR SALE SHALL BE DEEMED TO BE FIT FOR USE IN ANY WORKPLACE AS A RESULT OF IT’S PRESENTATION AS A LOT IN THIS SALE AND IT IS THE BUYER’S RESPONSIBILITY TO ENSURE THAT THE PLANT AND MACHINERY PURCHASED AT THIS SALE IS BROUGHT TO A STANDARD NECESSARY TO COMPLY WITH THE OCCUPATIONAL HEALTH AND SAFETY WELFARE ACT 1995 AND TO CARRY OUT TESTING AND EXAMINATION TO ENSURE IT IS FIT FOR USE IN THE WORKPLACE.
SPECIAL CONDITIONS RELATING TO OUR AUCTIONS WILL BE SPECIFIED BY THE AUCTIONEER PRIOR TO COMMENCING THE AUCTION AND/OR BE ON DISPLAY AT THE ALLOTTED INSPECTION TIMES.
A BUYERS PREMIUM MAY APPLY AT OUR AUCTIONS.
NO REFUNDS CREDITS OR EXCHANGE ON ANY ITEMS WILL BE GIVEN UNDER ANY CIRCUMSTANCES.
PLEASE TAKE THE TIME TO READ OF THE ABOVE TERMS & CONDITIONS CAREFULLY.
IT IS A CONDITION OF ENTRY TO ANY SALE AND/OR AUCTION AND/OR INSPECTION THAT ALL TERMS & CONDITIONS SET OUT ABOVE ARE STRICTLY ADHERED TO BY ANY PARTY WISHING TO PARTICIPATE IN THE SAID SALE AND/OR AUCTION AND/OR INSPECTION. ATTENDANCE BY YOU OR YOUR REPRESENTATIVE AT SUCH SALE/AUCTION/INSPECTION SIGNIFIES YOUR AGREEMENT TO THESE TERMS & CONDITIONS.