1. Subject to the Vendor having the right to bid the highest bidder shall be the Purchaser, and in the event of any dispute arising the lot in dispute shall be put up again and the Auctioneer’s decision shall be final.
2. Unless otherwise specifically stated by the Auctioneer each bid shall be at least twenty-five per cent in advance of the previous one and no party will be allowed to retract his or her bid after once taken.
3. The Auctioneer reserves the right to accept or refuse any bid or bids without having to state any reason or reasons therefore.
4. On the fall of the hammer the Purchaser shall give his or her name and place of abode and shall (if so required) immediately pay down twenty cents in the dollar in part payment of the purchase money and/or complete the Memorandum of Purchase Form; in default the lot or lots so purchased may at the Auctioneer’s absolute discretion be immediately put up again and resold.
5. The Purchaser shall be deemed to be the Principal unless prior to the sale he has disclosed to the Company that he will be bidding on behalf of a Principal whose name and address shall be disclosed to the Auctioneer.
6. The Purchaser and Vendor authorise the Auctioneer and/or the Auctioneer’s clerk to sign on their behalf the sale book which with these conditions shall, except as otherwise provided by State or Federal law, constitute the whole contract between the Vendor and the Purchaser to the exclusion of everything else.
7. On the fall of the hammer each lot shall be the Purchaser’s risk and expense and except as hereinbefore provided the same shall be paid for in cash immediately on conclusion of the sale, and prior to delivery, but in the event of delivery being made, or possession obtained by the Purchaser or his representative, prior to payment of the purchase money, then, until payment in full of the purchase money or any cheques given on account of same, the property in the lot shall not pass to the Purchaser.
8. Except as otherwise provided by State or Federal law, no condition or warranty is given or implied by the Auctioneer with any lot offered. As all lots are open for inspection prior to the commencement of the sale, it is assumed that the goods have been inspected and are sold with all faults, if any. Except as otherwise provided by State or Federal law, no compensation shall be made in respect of any fault or error of description of any lots sold.
9. Any statement as to the quantity of goods is approximate only and is as represented to this Company. The Company gives no warranty that quantities as stated are correct. In addition to any other rights the purchaser may have, compensation for shortages in quantity shall be given if demanded in writing before delivery of the goods. In the event of any dispute as to compensation, the dispute shall be settled by an arbitrator who shall be a person mutually agreed upon by the parties.
10. To prevent inaccuracy in delivery and inconvenience in the settlement of the purchases, no lot can be removed on any account during the time of the sale, however all lots sold must be removed within two (2) days of the completion of the sale or as specified at the time of sale.
11. If any Purchaser shall fail to comply with these conditions or any of them or if any cheque given on account of his purchase is dishonoured, any monies with such Purchaser shall have paid to the Auctioneers, (AGA Auctions Pty Ltd) on account of his purchases shall be absolutely forfeited to the Vendors and the Vendors of the auctioneers shall be at liberty to sue such Purchaser for damages, or at their option to resell the lot in any manner and upon such terms and conditions as they may think proper.
12. All losses and expenses incurred by the Vendor or AGA Auctions Pty Ltd resulting from any resale pursuant to Clause 11 hereof all damages which the Vendor or AGA Auctions Pty Ltd may sustain hereby shall be recoverable from the Purchaser as liquidated damages and the Vendor or AGA Auctions Pty Ltd shall be obliged to give any notice of such re-sale. Without limiting the generality of the foregoing AGA Auctions Pty Ltd shall be entitled in the event of such resale to:

    (a) The amount of any commission lost on a purchase as the result of the Purchaser not proceeding with the purchase

    (b) The costs of advertising in respect of any such purchase.

Insurance. Each person is onsite entirely at their own risk. Each buyer is liable for his own actions and those of his servants, contractors, employees, and for the protection of others. It is a condition of sale that each buyer has the appropriate insurance cover to cover this liability.
13. All buyers must register prior to purchasing.

AUCTIONEERS AND AGENTS ACT 1941 – WARNING

SECTION 45

It is an offence against the Auctioneers and Agents Act, 1941, for any person to engage in, or to induce or attempt to induce another person to engage in, any collusive practice which may hinder free and open competition at an auction sale, whether by –

(a) restricting the bidder

(b) abstaining from bidding; or

(c) any other activity which may hinder free and open competition.

SECTION 85C

The actual successful bidder at an auction sale must give to the auctioneer or an employee of the auctioneer on the day of the auction his name or, where he acts as an agent, the name of his principal. It is an offence not to do so.

Your use of our website and services is subject to the following terms and conditions.  By accepting these terms and conditions you enter into an agreement with AGA Auctions to be legally bound by these terms and conditions.

Definitions:

“user” means any person who registers to use the Website

“Website” means AGA Auctions website at: http://www.agaauctions.com.au

1 Introduction

You must register as a user of the Website as a condition of using the website. Click here to register

These terms and conditions constitute a User Agreement that regulates your use of the Website and your use of the services offered by AGA Auctions.

You must accept all of the terms and conditions of this User Agreement as a condition of using the Website or any services offered by AGA Auctions.

2 Amendments

AGA Auctions may amend the terms and conditions of this User Agreement at any time by publishing notice of the amended terms and conditions on the Website.  Each amendment will automatically become effective 42 days after notice of the amendment is published on the Website.  If you do not accept an amendment you are not permitted to use the Website on and from the date it becomes effective.  If you continue to use the site after the effective date you are deemed to have accepted the amendment and shall be bound by the amendment.

3 Effective Date

This User Agreement binds you upon you becoming a registered user of the Website.

4 Legal Capacity

The services offered by the Website may only be used by persons (individuals and corporations) who have the legal right and legal capacity to enter into lawfully binding contracts under relevant law.

5 Transfer of User Rights

User rights are not transferable.

6 Fees and Services

There is no fee to register as a user or to make offers to purchase on the Website.

8 No Legally Binding Sales Concluded

The acceptance of an offer on the Website does not create a legal agreement between the selling user and the buying user.  The Website does no more than assist buyers and sellers communicate offers to each other.

At the conclusion of the bidding process the seller must contact the highest bidder(s) to arrange the execution and exchange of a formal contract of sale for the property, which complies with all laws that regulate the sale.

Until the parties enter into such a contract there is no legally binding agreement between them.

9 No Warranties

AGA Auctions has no control over the following:

(a)  Whether a user offering property for sale has complied with all statutory or other legal requirements regulating the offer or the sale of the property in question

(b)  The capacity of a user to enter into a binding contract for the purchase or sale of property, for example a user may be a minor or otherwise suffering a legal incapacity which prevents them entering into a lawful transaction

(c)  The quality or other features or characteristics of property offered for sale on the Website by users

(d)  The content of statements or representations made by users whether concerning property offered for sale on the Website or otherwise

(e)  A seller’s ownership of, or right to sell, property offered for sale on the Website

(f)    A purchaser’s ability to pay for property offered for sale on the Website

(g)  The identity of users

(h)  A seller’s ability or willingness to complete a sale transaction

(i)     A purchaser’s ability or willingness to complete a sale transaction, or

(j)    The continuous, uninterrupted operation of the Website or a users access to it and AGA Auctions does not:

(a)  Warrant or guarantee any of these matters, or

(b)  Endorse any property offered for sale or statements made on the Website by Users

To the extent permitted by law AGA Auctions excludes all conditions and warranties including but not limited to warranties concerning title, merchantability and fitness for a particular purpose.

To the extent that a condition or warranty can not by law be excluded, AGA Auctions limits its liability for breach of such condition or warranty to the following remedies:

(a)               In the case of goods, any one or more of the following:

i.                    The replacement of the goods or the supply of equivalent goods;

ii.                   The repair of the goods;

iii.                 The payment of the cost of replacing the goods or of acquiring equivalent goods; or

iv.                The payment of the cost of having the goods repaired; and

(b)               In the case of services:

i.                    The supply of the services again; or

ii.                   The payment of the cost of having the services supplied again, and AGA Auctions reserves the right to elect which remedy will be provided.

Other than as provided for in the preceding paragraphs, AGA Auctions shall not be liable for any loss or damage, whether direct or consequential, arising out of or in connection with the Website, services offered by AGA Auctions or this agreement (however arising, including negligence).

10 Release

It is a condition of use of the Website that users release and hold AGA Auctions forever indemnified from all claims suits and actions of every kind and nature (including, but no limited to claims for direct and consequential loss or damage) arising out of or in any way connected with their dealings with other users of the Website, any transaction arising from use of the Website or use of services offered by AGA Auctions.

Each user agrees to indemnify and hold AGA Auctions harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of the user’s breach of this Agreement or the terms and policies it incorporates by reference, or the user’s violation of any law or the rights of a third party.

11 Compliance with Laws

It is the sole responsibility of each user to comply with all relevant laws, which regulate any sale transaction between users.

For example; at the date of publication of this page, the law in New South Wales requires that a written contract for sale of residential property must be made available at the point of sale throughout the period when the property is offered for sale.  It is an offence not to do so.  Therefore users wishing to list their residential property in New South Wales for sale on the Website must have available an appropriate contract for sale before listing their property on the Website.

There are also statutory requirements regulating the matters that must be included in any such contract for sale.  Similar statutory requirements may exist in other jurisdictions.

12 Right to Sell

A person wishing to offer any property for sale on the Website must be legally entitled to sell the property.

13 Use restrictions

AGA Auctions may, in its sole discretion, suspend or terminate a users right to use the Website without having provide any reason for doing so.

14 Right to use information

To enable AGA Auctions to use information provided to it for the purpose of operating the Website and providing services, each user grants to AGA Auctions a non-exclusive, worldwide, irrevocable, royalty-free, right and license to exercise any copyright and other rights the user has in the information provided to AGA Auctions.  AGA Auctions will only use a users information in accordance with AGA Auctions Privacy Policy.

15 Interference

Users must not interfere or attempt to interfere with the proper working of the Website or any transaction being conducted through the Website, including but not limited to; not load onto the Website, or link to it, a computer virus of any type whatsoever.

16 Privacy

AGA Auctions has a Privacy Policy which applies to all users.  The Privacy Policy is incorporated into and forms part of the User Agreement and can be located at http://www.agaauctions.com.au/aga/privacy.htm

17 No Agency

Users and AGA Auctions are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

18 Arbitration

Any dispute or claim arising out of or in connection with this User Agreement may, at AGA Auctions discretion, be settled by binding arbitration by reference to a commercial disputes centre. Users will be bound by the ruling of the arbitrator.  Liability for costs will be determined by the arbitrator.

19 General

(a)  This User Agreement shall be governed in all respects by the laws of the State of New South Wales, Australia and all users of the Website must submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

(b)  The provisions of this User Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions shall be enforced.

(c)  This User Agreement and all incorporated agreements may, in agaauctions sole discretion, be assigned by AGA Auctions to a third party at any time.

(d)  Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of the User Agreement.

(e)  AGA Auctions failure to act with respect to a breach by a user or others does not waive its right to act with respect to subsequent or similar breaches.

(f)    Users agree that this User Agreement may not be construed adversely against AGA Auctions solely because it prepared the User Agreement.