TERMS AND CONDITIONS OF REGISTERING TO PURCHASE FROM THA NATIONWIDE
The following are the Terms and conditions which you agree to as a precondition to receiving a buyer’s registration and bidding at THA Nationwide Online Auction Service.
1. The Purchaser -
- You must register your true and correct details and agree to these Terms and Conditions to receive a buyer’s number;
- You must be over 18 years old and legally able to enter into a contract;
- You agree that THA Nationwide may reasonably refuse to register you to participate in the online auction or traditional auction for any reason whatsoever;
- You shall be deemed to purchase as principal irrespective of whether you have bought for someone else or under a false name or address;
- You are responsible for the security of your log in details and shall be deemed to purchase if the purchase has taken place using your user name and password or buyer’s number;
- All notifications for the online auction regarding the bidding will be sent by email and it is your responsibility to provide a valid email address and monitor the emails and the online auction if you have bid;
- If the emails have not been received for any reason whatsoever and you are the winning bidder, you will still be the winning bidder and have purchased the lot;
- In order to use the online auction service and as a condition of your bidding application approval you agree to provide the details of a current Australian Mastercard or Visa credit card with sufficient funds to pay for any purchases in full.
- All credit card purchases attract a 2% fee which is levied by the bank;
- You authorise THA Nationwide to debit your nominated credit card $1.00AUD and recredit $1.00 as part of the registration process for the online auction;
- It is your responsibility to read the sale details that outline the specific terms and conditions of the auction sale in which you are bidding, including inspection, payment and delivery terms. Some items may require specialist WHS collection conditions, these will be outlined against each lot . The cost of collection will remain with the purchaser as will the onus to satisfy any stated collection requirements ;
- It is your responsibility to inspect the goods during the stated inspection times before bidding purchasing to satisfy yourself as to the condition of the goods as you may not return the goods for any reason whatsoever. No error or misdescription or deficiency in quantity shall vitiate the sale and you will be bound to take the goods without any allowance or abatement in price;
- The goods are being offered on an ‘as is where is’ basis, there is no warranty attached;
- Please note each lot will attract a buyer’s fee in addition to the sale price and this will be outlined under Sale Details;
- All purchases are in $AUD;
- The time refers to Australian Eastern Standard Time in Sydney;
- The bid amounts are GST inclusive.
- The buyer’s premium is GST inclusive and will be calculated on the GST inclusive bid/purchase amount.
- If you are the highest bidder at the online or traditional auction on a lot (subject to 2a-2j) you have purchased that lot and you are the Purchaser.
- If you are the purchaser you agree to immediately pay a deposit/full payment by cash/debit or credit card in accordance with the Sale Details. If you are unable you agree THA Nationwide may reoffer the lot.
- The Purchaser must complete payment within two (2) working days from the close of the online auction.
- If you are the Puchaser you authorise us to:-
- immediately take a 10% deposit with a credit card fee if the purchase is over $500.00 and debit the remaining purchase amount from the card in the absence of completion by cash or direct debit into our bank account within two business days from the sale closing date. You authorise us to debit the amount owing in as many transactions as needed until the total amount owing is paid in full.
- immediately if the sale is $500 or less take payment in full including credit card fee and all other charges as outlined in the Sale Description. You authorise us to debit the amount owing in as many transactions as needed until the total amount is paid.
- You are not entitled to delivery of the goods until THA Nationwide has received payment in full.
Risk in each lot will pass to the purchaser at the fall of the hammer and neither THA Nationwide nor the Vendor will be accountable for any damage or loss arising hereafter.
If you do not abide by these Terms and Conditions and complete the sale when you are the Purchaser any monies available by credit card will be forfeited. THA Nationwide reserves the right to sell such lot or lots 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.
THA Nationwide may refuse you the right to bid using the online auction service if you:-
- do not complete the purchase when you are the the Purchaser;
- give information that is untrue or fraudulent;
- are unable to provide information that we can not verify or authenticate;
- or for any other reasonable reason at our discretion.
- You must remove any lot/lots or part thereof within the time stated in Sale Details. Otherwise you will incur daily storage fees which must be paid prior to delivery of the lot/lots. THA Nationwide may hold any lots in surety of payment of storage fees incurred by you and should there be no equity remaining reserve the right to sell such lot/lots appl
2. THA Nationwide reserves the following rights which may be reasonably exercised without giving any reason therefore :-
- not to offer for sale any lot described in the catalogue;
- to refuse to accept a bid or bids from any person which in the opinion of the Auctioneer is not in the best interest of the Vendor
- to offer any lots together as one lot even if described in the catalogue as separate lots
- to extend an online auction for a period of time;
- amend the start price at anytime during the auction period;
- cancel the entire online auction even if in the middle.
- in the event that the Purchaser shall successfully bid for more than one lot at the auction: -
- to appropriate any moneys received from that Purchaser in satisfaction or partial satisfaction of the purchase price 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
- 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;
- 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.
in the event of a dispute has absolute discretion to re-offer the lot even after the fall of the hammer:
bid on behalf of any person without disclosure:
The Vendor's maximum aggregate liability to any person in connection with the sale of any lot (or lots) or any Contract (whether under indemnity, contract, tort (including negligence), statute or otherwise) is limited to the amount received by the Vendor for the relevant lot (or lots), and in no circumstance will the Vendor be liable to any person for any claim for loss of expected savings, loss of use, loss of opportunity, loss of profit, loss of revenue or any consequential, special or indirect loss or damage.
3. The Online Auction Process
- Once you have been approved you will receive a buyer number which you can use to bid;
- The online auction will start at the specified time and at a nominated minimum starting price;
- You may bid by placing a normal bid or or an AutoBid.
- Bids must be made at the set incremental amount ;
- Bids will be ranked in the order of bid price and then bid quantity;
- The Vendor may nominate reserve prices on the goods and if the reserve price has not been met T.H.A THA Nationwide will contact the highest bidder with regard to their offer at the close of the auction.
- The online auction closing time will be extended until the bidding has not changed for a period of ten minutes. THA Nationwide’s decision as to the winning bidder during this period is final and proof any technical glitches will not affect the decision.
4. THA Nationwide will not use your personal information contrary to the administration of the bid process outlined herein unless expressly consented by you except to fulfil an obligation under state or Federal Law.
5. These conditions, shall constitute the whole of the Contract between THA Nationwide and the Purchaser and the Vendor and the Purchaser and is governed by and will be construed according to the law of New South Wales. Any disputes will be subject to the jurisdiction of New South Wales .
6. I hereby authorise THA Nationwide to debit my credit card in payment for services in my name. I declare the information stated herein is true and correct.
7. I have read the above terms and conditions of auction sale and wish to apply for a buyer’s registration and agree that the provisions thereof shall apply to any purchase of property by me/us through Tony Hyman Auctions Pty Ltd ABN 55 061 336 436 MD 16507.
8. I hereby authorise THA Nationwide to send me information of upcoming sales using my email address.