Clearing Sale Terms & Conditions

PLEASE NOTE: Every effort has been made to ensure accurate descriptions are given of the goods that are listed. It is the buyers responsibility to check prior to purchase. No responsibility will be taken for inaccurate listing by Kevin Hicks Real Estate.

1. Bidders must be registered prior to commencement of the sale and acknowledge and accept the terms and conditions herein. Registration numbers are valid for the day of the sale only, unless registered with Kevin Hicks Real Estate as a regular buyer. Kevin Hicks Real Estate (“the Auctioneer”) reserves the right to refuse registration of any intended bidder for any reason.

2. The purchaser has the opportunity to inspect goods for sale prior to sale. The purchaser acknowledges that the OH&S Act, and associated Acts and Regulations impose obligations in respect of the sale or transfer of used plant and equipment for use in the workplace. The purchaser acknowledges that the Auctioneer has warned the prospective purchaser that no plant offer for sale is fit for use in any workplace (other than for scrap or spare parts) and it is the purchaser’s responsibility to ensure plant is not to be used until any faults are rectified and brought to a standard necessary to comply with the Acts and Regulations. As far as such information is available, the purchaser acknowledges that all available records in the Vendor’s possession in respect of the manufacturers design and safety recommendations have been made available, at the request of the purchaser, for inspection. Where such information and/or records are not available, the Auctioneer is not liable for the absence of such records. The purchaser warrants that they have undertaken a proper inspection of the goods and any records referred to in this clause and made all necessary inquiries in respect to records and goods.

3. The purchaser acknowledges that any motor vehicle inspection report has been supplied by the Vendor and not supplied by the Auctioneer and the purchaser further acknowledges that the Auctioneer cannot and does not warrant or guarantee the correctness or accuracy of information contained in or implied by such report.

4. The Auctioneer will notify all attendees at each and every clearing the sale as to whether bid prices are exclusive or inclusive of GST.

5. Purchasers are responsible for any goods purchased on his/her registration number. Should the purchaser intend to bid on behalf of a principal, notification of such intention is to be advised at the time of registration.

6. The Auctioneer may, without giving reason, refuse to accept a bid or withdraw a lot, or lots, from a sale at any time.

7. No person may advance less at a bid than a sum to be named from time to time by the Auctioneer.

8. The Vendor/s may bid for any lot or lots, and may withdraw any lot or lots, either personally or through the Auctioneer or any other person as they see fit.

9. The Auctioneer reserves the right to include two auctioneering teams, covering distinct areas offered for sale.

10. Risk in respect of goods becomes the responsibility of the purchaser on the fall of the hammer. Should any deficiency arise between the quantity of goods described at the time of sale and that available at the time of delivery, the purchaser shall take, and the Auctioneer shall be required to effect delivery of, only the quantity actually so available. No damages or compensation will be paid in respect of any such deficiency. At the Auctioneer’s discretion a pro-rata adjustment of the purchase price may be made. No adjustment will be made unless the purchaser makes a claim at the time of delivery.

11. All lots must be paid for (in full) by cash or cheque, or when available, eftpos immediately after the sale, on the day of such sale. Note a 1% administrative charge applies to credit card transactions.

12. Should the purchaser fail to make payment for goods purchased, then the Vendor or Auctioneer, without notice to the purchaser, may resell the goods in any manner and upon such terms and conditions as the Auctioneer or vendor consider proper and recover any deficit on resale from the purchaser as a debt. Title in the goods does not pass to the purchaser until the full purchase price is received by the Auctioneer. Any unpaid purchase price or fees is charged against the goods.

13. Purchasers must organise packaging and cartage of their purchased items, on the day of the sale. Cartage of large items, after the day of the sale, are to be negotiated between the purchaser and the vendor. The purchaser is wholly responsible for any damage to property, or injury to persons, which may occur during the removal or handling of any lot or lots purchased, including any damage or injury caused by the purchaser’s agents or employees.

14. No goods are to be removed from the site of the sale until full payment has been made.

15. The purchaser discharges the Auctioneer (in this clause “Auctioneer” includes its officers, directors, employees and agents) from any claim it has or may have in the future against the Auctioneer which arise from the purchase or relating to the use of the goods, including breach of statutory or common law warranties and negligence. If any dispute arises, the purchaser will exclude the Auctioneer from any dispute or claim, action or court proceeding. Further, the purchaser agrees to indemnify the Auctioneer from and against all liability and losses (including costs on a full indemnity basis) which may be incurred by the Auctioneer as a result of any such dispute, action or court proceeding, including any claim made by a third party.

16. Any persons attending the auction site before, during and after the auction do so at their own risk. The Auctioneer (in this clause “Auctioneer” includes its officers, directors, employees and agents) is discharged from all liability for any injury, damage or loss sustained by any person (including that caused by the negligence of the Auctioneer) while on the auction site.