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Terms & Conditions for bidding with CarNet Auctions

 
CARNET AUCTIONS - SMITHFIELD. (ABN 48 118 662 178)
211 Cumberland Hwy,
Smithfield, NSW 2164
Tel: 02 9725 4001
 
CARNET WESTERN SYDNEY. (ABN 15 118 668 910)
Cnr Winford Dr and Grier Crossing,
McGraths Hill NSW 2756
Tel: 02 9708 1999

CARNET AUCTIONS - ADELAIDE. (ABN 25 308 891 493)
232 - 238 Grand Junction Road,
Athol Park, SA 5012
Tel: 08 8240 4400

TERMS & CONDITIONS

These conditions, when exhibited in the auction rooms or displayed on the simulcast web site or any place where an auction is being conducted by Carnet Auctions - Smithfield, Western Sydney & Adelaide, will be binding upon both the Seller and the Buyer upon the Auctioneer announcing that the sale is conducted subject to these conditions notwithstanding that the Auctioneer may not have read them aloud. The following are the Conditions of Auction:

Definitions and Interpretation

Auction means an auction conducted by or for and on behalf of Carnet Auctions - Smithfield, Western Sydney & Adelaide.
Auctioneer means the person or persons engaged by Carnet Auctions - Smithfield, Western Sydney & Adelaide to offer a Lot for sale by auction.
Authority means any government, statutory or other authority or body, which has jurisdiction over the conduct of an auction or over any matter or thing which relates to auction sales.
Buyer means a person who has purchased a Lot at auction and includes any person bidding on behalf of a Buyer.
Bidder Number means the number given to an Intending Buyer following completion of a Buyer Registration Card or online registration.
Buyers Premium means the premium payable to Carnet Auctions - Smithfield, Western Sydney & Adelaide by the Buyer and being specified percentage of the knockdown price.
Buyers Registration Card means the forms for completion supplied by Carnet Auctions - Smithfield, Western Sydney & Adelaide at an auction to Intending Buyers.
Fall of the Hammer means the act of the Auctioneer at an auction by whatsoever means signifying the acceptance of the bid so as to create a contract of purchase between the buyer and the Seller under these conditions of auction. Seller under these conditions of auction.
Intending Buyer means a person who intends to bid for a Lot at auction or a person duly authorized to bid on his or her behalf.
Lot means the item or group of items, which have been provided by a Seller to Carnet Auctions - Smithfield, Western Sydney & Adelaide for sale at an auction.
Purchase Price means the sale price declared on the fall of the hammer plus any applicable taxes, storage charges, Buyers Premium and any other relevant charges.
Seller means a person who has provided or intends provide a Lot to Carnet Auctions - Smithfield, Western Sydney & Adelaide for sale at an Auction.
Statement includes a statement made by Carnet Auctions - Smithfield, Western Sydney & Adelaide:
in advertisement, catalogue, brochure, estimate, price list or a related publication; and
a verbal statement made by the Auctioneer.
Simulcast auction means the simultaneous broadcast over the internet of a live auction allowing an internet bidder to bid at the same time as floor bidders.
 
Agency

The Buyer acknowledges that Carnet Auctions - Smithfield, Western Sydney & Adelaide is acting as agent of the Seller.
A Buyer will be deemed to have purchased a Lot on their own behalf unless the Buyer has given Carnet Auctions - Smithfield, Western Sydney & Adelaide prior to bidding, written authority which states the Buyer intends to bid on behalf of a third party, discloses the name and address of that third party and which has been signed by that third party and witnessed.
 
  The purchaser shall not mortgage or pledge the goods to any person or company until title passes.
 
Registration

No person may bid at an Auction unless they have first completed a Buyers Registration Card and have been given a Buyers Number by Carnet Auctions - Smithfield, Western Sydney & Adelaide or have completed an online registration and been given a bidder number.
Carnet Auctions - Smithfield, Western Sydney & Adelaide may request identification from; and refuse to give a Buyers Number or Buyers Registration Card to an Intending Buyer without giving any reason
Carnet Auctions - Smithfield, Western Sydney & Adelaide may refuse to admit a person to its premises or to an Auction whether or not they have completed a Buyers Registration Card without giving any reason.
Carnet Auctions - Smithfield, Western Sydney & Adelaide may cancel an online bidders registration without giving any reason.
 
  This / these vehicle (s) are sold under the Romalpa clause
 
Lots

Carnet Auctions - Smithfield, Western Sydney & Adelaide may without any liability whatsoever divide any Lot, combine any two or more Lots, or withdraw any Lot from sale at any time.
Lots may be offered for sale by Auction subject to a reserve price.
Neither Carnet Auctions - Smithfield, Western Sydney & Adelaide or the Seller are obliged to disclose:
whether a Lot is subject to a reserve price; or
what the reserve price for a Lot is.
The Seller, Carnet Auctions - Smithfield, Western Sydney & Adelaide and the Buyer agree that if a dispute about the conduct of the Auction or any statement arises, then that dispute will be determined by Carnet Auctions - Smithfield, Western Sydney & Adelaide whose decision will be final and binding.
 
 
Faults and Misdescription

The Buyer acknowledges that:
All Lots are available for inspection prior to being offered for sale;
Intending Buyers are entitled to inspect Lots which are to be sold at Auction; and
Lots are sold in their existing condition with all faults, if any.
Except as may be expressly stated neither the Seller nor Carnet Auctions - Smithfield, Western Sydney & Adelaide gives any warranty about the value, composition, character, quality, condition fitness for purpose or origin of manufacture of any Lot.
This clause does not apply to a condition or warranty which:
the Seller or Carnet Auctions - Smithfield, Western Sydney & Adelaide are required by a State or Commonwealth law; or which would render a contract for the sale of the Lot between the Buyer, Carnet Auctions - Smithfield, Western Sydney & Adelaide or the Seller void or voidable. 
Refund of deposit - internet buyer Where Carnet Auctions - Smithfield, Western Sydney & Adelaide processes a charge on a credit card provided by the buyer for the deposit following a simulcast auction and the lot is not as described in the catalogue listed on the web site the buyer shall be entitled to a full refund of the deposit.
 
 
Bidding

Subject to any reserve price, the highest bidder at an Auction will on the fall of the hammer be the Buyer of a Lot.
Carnet Auctions - Smithfield, Western Sydney & Adelaide has the right in its absolute discretion without giving any reasons to accept or refuse any bid, to advance or regulate bidding and to otherwise control the conduct of an Auction.
Carnet Auctions - Smithfield, Western Sydney & Adelaide has the right to accept a floor bid in preference to an internet bid if the internet bid was received after the fall of the hammer.
The auctioneer's declaration of the winning bidder overrides any web site display or email notification.
Carnet Auctions - Smithfield, Western Sydney & Adelaide reserves the right to bid for any Lot on behalf of the Seller.
Carnet Auctions - Smithfield, Western Sydney & Adelaide may in its absolute discretion immediately put a Lot up again for sale if:
during or immedately after the sale of a Lot, Carnet Auctions - Smithfield, Western Sydney & Adelaide considers that a dispute has arisen ;
or Carnet Auctions - Smithfield, Western Sydney & Adelaide considers that there are other reasons for putting the Lot up for sale again.
If a bid has been acknowledged and relied upon by Carnet Auctions - Smithfield, Western Sydney & Adelaide then it may only be withdrawn by an Intending Buyer if Carnet Auctions - Smithfield, Western Sydney & Adelaide approves the withdrawal. Carnet Auctions - Smithfield, Western Sydney & Adelaide may refuse to approve a withdrawal at is its absolute discretion.
 
 
Improper Conduct

Intending Buyers at an Auction must not;
engage in;
induce another person to engage in; or
attempt to induce another person to engage in, a practice or agreement, which may restrict bidding, result in a person abstaining from bidding or hinder free open competition.

Intending Buyers are not permitted whilst on the premises of or at an Auction to attempt to sell or re-sell any Lot or part of a Lot or otherwise deal or trade any items comprising a Lot.

Internet bidders must not use software or software tools that interferes with the simulcast auction other than that provided by Carnet Auctions - Smithfield, Western Sydney & Adelaide. Sale
As soon as practicable after the fall of the hammer, the Buyer must:
give to Carnet Auctions - Smithfield, Western Sydney & Adelaide his or her Buyers Name and full name and address; and
pay a minimum of 25%, or such proportion of the Purchase Price as Carnet Auctions - Smithfield, Western Sydney & Adelaide requires at the time

The Buyer and the Seller agree that the entry of the Buyers name and or Buyers Number and the amount of his or her bid in the sale records by Carnet Auctions - Smithfield, Western Sydney & Adelaide will constitute a final and conclusive record of the sale.
 
 
Title

Title to a Lot will not pass to a Buyer of that Lot until Purchase Price has been paid in full, and where payment is made by cheque that cheque has been cleared.

Risk

Every Lot sold is at the risk of the Buyer from the fall of the hammer. Carnet Auctions - Smithfield, Western Sydney & Adelaide will not be responsible for any loss or damage to a Lot which occurs after that time irrespective of the cause even if the Lot is in the possession, custody or control of Carnet Auctions - Smithfield, Western Sydney & Adelaide when the loss or damage occurs.

Delivery

Delivery of all Lots must be taken by the Purchaser within 24 hours of the conclusion of the Auction or as notified by Auctioneer
A Lot may not be removed until the completion of the Auction for all the Lots offered for sale on the date, as this may lead to damage, inaccuracy or inconvenience.
The Buyer 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.

Payment

Payment of the Purchase Price must be made prior to delivery of a Lot to the Buyer. Payment must be made by Cash or Bank Cheque. Carnet Auctions - Smithfield, Western Sydney & Adelaide may accept a personal or company cheque in its absolute discretion.
 
Buyers Premium

Where State legislation permits, the Buyer agrees to pay to Carnet Auctions - Smithfield, Western Sydney & Adelaide such fee or percentage of the knockdown price as may be notified by the Auctioneer prior to or during the Auction.
The Buyer acknowledges that Carnet Auctions - Smithfield, Western Sydney & Adelaide, acting as agent for the Seller, may also receive a commission from the Seller.

Breach the Buyer

If a Buyer breaches these Conditions then Carnet Auctions - Smithfield, Western Sydney & Adelaide may, without notice to the Buyer and without prejudice to any other rights which are available to Carnet Auctions - Smithfield, Western Sydney & Adelaide, exercise one or more of the following rights and remedies:
terminate the contract for sale, in which case the Buyer will forfeit to the Seller all monies which the Buyer has paid to Carnet Auctions - Smithfield, Western Sydney & Adelaide;
resell each Lot purchased by or on behalf of the Buyer in which case each Lot may be sold in any manner and on such terms and conditions as Carnet Auctions - Smithfield, Western Sydney & Adelaide in its absolute discretion decides; and
apply any monies owed by the Buyer to Carnet Auctions - Smithfield, Western Sydney & Adelaide in payment of the Purchase Price.

Resale

If the Seller or Carnet Auctions - Smithfield, Western Sydney & Adelaide resells or attempts to resell a Lot upon default of the Buyer, then the Seller or Carnet Auctions - Smithfield, Western Sydney & Adelaide may recover from the Buyer all losses, expenses and damages incurred by it as liquidated damages whether the goods are resold or not The Seller and Carnet Auctions - Smithfield, Western Sydney & Adelaide will not be obliged to give notice of the resale of a Lot to the Buyer

Additions & Variations

The Auctioneer will announce any variations to these conditions of auction or otherwise in respect of a Lot at either:
the commencement of that Auction: or
prior to sale of a particular lot.
The Buyer acknowledges that the employees and agents of Carnet Auctions - Smithfield, Western Sydney & Adelaide, are not authorised to waive, add to or vary these conditions without written authority of Carnet Auctions - Smithfield, Western Sydney & Adelaide.
 
 
Motor Vehicles NSW [MD Lic 20098]

Subject to any statutory warranty that may apply to motor vehicle dealers selling motor vehicles by auction, no allowance for any error in colour, capacity, weight, size, quality or fitness or any defect, imperfection or error whatsoever is made and no express or implied warranties are given as to the condition, distance travelled or description of any vehicle notwithstanding any description in any published catalogue or advertisement. The Buyer will be deemed to have inspected the vehicle prior to bidding and to have been satisfied as to the existing condition, distance travelled and description of that vehicle. It is the responsibility of a Buyer of a registered vehicle to register the transfer of the vehicle within the statutory period. It is not the responsibility of the Seller or Carnet Auctions - Smithfield & Chullora to re-register vehicles sold without current registration or put such vehicles in roadworthy condition. Registration plates of a registered passenger vehicle will be made available to a Buyer who is a registered motor dealer but to any other Buyer only where the vehicle has been registered within a period of 30 days prior to purchase or where roadworthy certificate for registration purposes has been issued within the said 30 days and the certificate is offered for sale with the car. There will be no obligation on Carnet Auctions - Smithfield & Chullora to provide such a roadworthy certificate with any vehicle.

Privacy Policy

Carnet Auctions - Smithfield, Chullora & Adelaide are engaged in the acquisition and disposal of vehicles, equipment and general items.
Personal Information is collected for the following purposes: as required by law to allow the company to obtain feedback on it’s internal processes
to ensure our customers are aware of all of the other services available
to ensure that where possible, the company is able to satisfy the purchasing requirements of our customers.
When collecting personal information an individual can elect for the information not to be used for:
the company to obtain feedback on it’s internal processes
to ensure our customers are aware of all of the other services available
to ensure that where possible, the company is able to satisfy the purchasing requirements of our customers.
Personal Information is only retained for the purposes set out above. All personal information is secured against access by anyone not required to use the information. All personal information collected is only for the use of the Company and it is understood that it may be disclosed to another company within the group, but at no time will personal information be disclosed to an external party without the customer’s written consent.
At all times, the company will endeavor to maintain the accuracy of the information collected and up date it where possible. To assist us in this process all customers are encouraged to verify the accuracy of the information held and where necessary correct any inaccuracies.
The company does not require any information of a sensitive nature. Information that may be required by law from time to time will be secured by encryption and will not be available to those using the information within the company.