T.H.A. Nationwide
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T.H.A. Nationwide recommends that buyers familiarise themselves with the
T.H.A. Nationwide Privacy Policy and Terms and Conditions prior to purchasing at auction.


Terms and Conditons of Auction Sales

  1. 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.
  2. 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.
  3. As soon as practicable after the fall of the hammer the Purchaser shall sign the agreement (if any) for sale.
  4. The Purchaser shall be deemed to purchase as principal unless prior to the sale -
    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.
  5. 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.
  6. The Vendor reserves the right to bid at the auction in respect to any lot.
  7. Any bidder shall give his full name and residential address forthwith upon being called upon to do so by the Auctioneer
  8. 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.
  9. 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.
  10. 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).
  11. 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.
  12. 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.
  13. 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.
  14. 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.
  15. 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.
  16. The purchaser acknowledges that the Auctioneer does not warrant that any lot purchased complies with the requirements of Workplace Health and Safety Act
  17. 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.
  18. 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.
  19. All auction bids, fees and charges listed on this web site are in Australian dollars (AUD).