5.1 All lots shall be at the buyer’s risk on the falloff the hammer and neither the Vendor nor the Auctioneer shall be accountable for any deficiency, damage or loss which may arise thereafter.
5.2 All Lots which have been paid for in full must be removed by the Purchaser at the Purchaser’s expense by 4.00pm on the second business day following the auction.
5.3 All collections will be in accordance with the Vendor’s or Site’s Workplace Health and Safety Policy.
5.4 Collection of Lots will be made against presentation of the payment of the full Purchase Price only.
5.5 If Lots are not collected by the Purchaser by the allocated pick up time, then either of the following may apply:
(a) At the sole discretion of the Auctioneer, a storage fee of $50.00 per day and/or any removal fee may apply and be payable by the Purchaser; or
(b) At the sole discretion of the Vendor, ownership may revert back to the Vendor and the deposit paid by the Purchaser will be forfeited.
5.6 Prospective Purchasers of Major Items of Plant are advised that special arrangements may be made with the Auctioneer or Auctioneer’s clerk prior to sale for an extension of time for removal/collection purposes. Where special arrangements have not been made, this clause allowing an extension of time will not apply.
5.7 Hassall Auctions staff are used in capacity of security only. The loading and removal of a Lot/Lots is solely the responsibility of the Purchaser.
5.8 Neither the Auctioneer or the Vendor shall be responsible for any damage to property or injury to persons incurred during the removal of the lots purchased.
5.9 If a deficiency arises between the quality of Goods described at the time of the auction or purchase and that available at the time of delivery the Purchaser shall take that quantity and the Vendor or Auctioneer or both shall be required to effect delivery of only the quantity so available and no compensation will be payable in respect of such deficiency.
6. Default and Consequences of default
6.1 In the event that payment of the deposit is not made on the day of the auction, the Lot(s) will not pass to the Purchaser, and ownership in the Lot(s) will revert back to the Vendor.
6.2 In the event that payment of the total invoice is not paid by 3.00pm on the first business day after the auction (or the financial institution has not made full payment two weeks after the auction), the following may apply at the discretion of the Auctioneer and/or the Vendor:
(a) Interest on overdue invoices shall accrue daily from the date when payment was due, until the date of payment, at a rate of two and a half per cent (2.5%) per calendar month;
(b) At the sole discretion of the Vendor, ownership may revert back to the Vendor and the deposit paid by the Purchaser will be forfeited; and
(c) In the event that the Auctioneer and/or Vendor require it, the Purchaser shall indemnify the Auctioneer and/or the Vendor from and against all costs and disbursements incurred by the Auctioneer and/or the Vendor in pursuing the overdue invoice including legal costs on a solicitor and collection agency costs.
6.3 Where Lot(s) are not collected by the allocated pick up time, refer to clause 5.5 of these Terms and Conditions.
6.4 The Auctioneer and/or The Vendor will not be liable for any loss or damage the purchaser suffers because the Auctioneer and/or the Vendor have exercised their rights under these Terms and Conditions.
6.5 Upon the Purchaser failing to comply with any of these Terms and Conditions, any monies received in part payment of the Lot(s) purchased may be forfeited to the Vendor after the Auctioneer’s commission and costs are paid at the sole discretion of the Vendor.
6.6 Any deficit in re-0sale of Lot(s) that is required as a result of the Purchaser’s failure to comply with any of these Terms and Conditions, together with costs and charges of that re-sale, will be payable by the defaulting Purchaser.
7.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
7.2 Purchasers are not permitted to resell or subdivide lots in the sale premises.
7.3 Time shall be of the essence of the sale.
7.4 No party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of any party.
7.5 The failure by the Auctioneer or Vendor to enforce any provisions in these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect the Auctioneer and/or Vendor’s right to subsequently enforce that provision.
8. Work Health and Safety
8.1 The Auctioneer advises all buyers that all plant offered for sale at auction may not be fit for use in a workplace. It is the Purchaser’s responsibility to ensure that an operational risk assessment is undertaken prior to use, and the plant/lot be brought to a condition which complies with relevant state Legislation, Regulations and any applicable Codes of Practice. The Auctioneer will provide (where applicable) safety information relation to the condition of the Lot for sale (“Plant Hazard Report”)