TERMS AND CONDITIONS FOR USE OF ONLINE AUCTIONS AND SALES 

1. Definitions and interpretation 

In this document: 

  1. Agreement means a binding agreement between the Auctioneer and the Buyer for the sale and purchase of Goods from the Seller via the Auctioneers’ Website constituting these Terms and Conditions, the Buyer’s Registration and the Auctioneers’ Invoice. 
  2. Auction means an online sale of Goods by way of auction, facilitated by the Auctioneer on the Auctioneers’ Website. 
  3. Auctioneer means Global Business valuers and Auctioneers Pty Ltd, ABN 91 058 491 964. 
  4. Australian Consumer Law means the Competition and Consumer Act 2010 (Cth). 
  5. Autobid means the online automatic bidding facility on the Global Auctioneers’ Website that automatically places incremental bids up to the Buyer’s maximum specified limit. 
  6. Collection Period means the time period allocated by Global Auctioneers to a successful Buyer to collect the Goods after issue of the Invoice. 
  7. Consequential Loss means in relation to any event, fact, matter or circumstance (i) any Loss that cannot reasonably be considered to arise naturally from that breach or event, fact, matter or circumstance; (ii) any and all consequential, special, indirect, exemplary or punitive Loss in relation to that breach or event, fact, matter or circumstance, even if such loss could reasonably be considered to arise naturally from that breach or event, fact, matter or circumstance; and (iii) any and all loss of profit, loss of revenue, loss of goodwill, loss of opportunity and loss of savings, even if such loss could reasonably be considered to arise naturally from that breach or event, fact, matter or circumstance, in each case whether arising in contract, tort (including negligence) or equity or under statute. 
  8. Buyer means the bidder and/or purchaser of Goods at Auction that is registered on the Auctioneers’ Website. 
  9. Buyer’s Premium means the variable percentage amount listed on the sale information on Global Auctioneers’ Website as applied to the sale price of the Goods. 
  10. Corporate Buyer’s Representative means a person authorised by the Buyer (that is a corporation under the Corporations Act 2001 (Cth)) to bid on the Buyer’s behalf at an Auction for the purchase of Goods. 
  11. Deposit means 10% of the Successful Bid payable by the Buyer immediately upon winning a bid at an Auction. 
  12. Global Auctioneers means the Auctioneer where the context requires. 
  13. Goods means the goods offered for sale by the Seller and purchase by the Buyer by way of an Auction on the Global Auctioneers’ Website. 
  14. Invoice means Global Auctioneers’ invoice issued to the successful bidder (Buyer) at an Auction. 
  15. Loss means any damage, loss, liability, cost, charge, expense, penalty, outgoing or payment (whether direct or indirect, consequential or incidental) and includes any economic loss or damage; loss of reputation; loss of any revenue or actual or potential profits; lost opportunity, including the opportunity to enter into or complete an arrangement with a third party; and legal costs on a full indemnity basis. 
  16. PPSR means personal property security register under the Personal Property Securities Act 2009 (Cth). 
  17. Price means the purchase price of the Goods (including GST and Buyer’s Premium) payable in AUD$, by the Buyer for the Goods and recorded on the Invoice. 
  18. Registration means the online registration by the Buyer on Global Auctioneers’ Website for an account. 
  19. Reserve Price means the reserve price specified by the Seller to the Auctioneer under which the Goods may not to be sold to the Buyer. 
  20. Terms means the terms and conditions set out in this Part B, the Terms and Conditions for Use of Online Auctions and Sales. 
  21. Seller means the owner of the Goods or the party authorised by the owner to sell the Goods on behalf of the owner. 
  22. Website means the means the website operated and maintained by the Global Auctioneers, through which the Buyer bids and/or purchases Goods at Auction at https://globalvaluers.com.au/. 
  23. Successful Bid means the Buyer’s final bid at Auction that is the highest bid for which the Buyer becomes the successful bidder. 

2. Agreement 

  1. The sale contract for the purchase and sale of Goods is between the Seller and the Buyer. 
  2. This Agreement governs the Buyer’s use of the online auction services provided by Global Auctioneers on its Website and constitutes the entire relationship between the Auctioneer, Buyer and Seller. 

The Buyer agrees that: 

  1. By its Registration and use of Global Auctioneers’ online services, the Buyer is legally bound by these Terms, which Global Auctioneers may amend or update from time to time. 
  2. By placing a bid for the purchase of Goods at an Auction on Global Auctioneers’ Website the Buyer is making a binding offer to buy the Goods; 
  3. If the Buyer is the successful bidder at an Auction then the Buyer agrees to purchase the Goods for the Price of its Successful Bid; and 
  4. A binding Agreement between the Buyer and Global Auctioneers for the sale and purchase of the Goods on these Terms arises when the Auctioneers’ hammer falls.
  5. Title, property and ownership in the Goods, only passes from the Seller to the Buyer on receipt by Global Auctioneers of payment of the Price for the Goods. 

3. Terms of purchase 

  1. The Buyer agrees and declares that it purchases the Goods on and ‘As Is, Where Is’ basis and it has made reasonable enquiries as to the merchantable quality of the Goods or their fitness for purpose. 
  2. Global Auctioneers makes no warranty as to the merchantable quality of the Goods or their fitness for purpose. 
  3. Global Auctioneers does not guarantee that the Goods comply with Australia standards, laws or safety regulations and the Buyer acknowledges that it purchases and uses the Goods at its own risk. 
  4. Global Auctioneers reserves the right, at any time before the fall of the Auctioneers’ hammer to withdraw the Goods from sale including but not limited to where the highest bid does not reach the Reserve Price. 
  5. Any dispute in relation to the sale and purchase of the Goods arises only between the Buyer and the Seller and the Buyer agrees to release the Auctioneer from any Claim, in respect of the Goods and to indemnify the Auctioneer, from all liability, including all costs incurred by it in relation to any Claim in connection with the Goods. 

4. Corporate Buyer’s Representative 

  1. Where a bidder acts as a Corporate Buyer’s Representative, they warrant that they have full authority to bind the corporate Buyer to all obligations arising from the auction. 
  2. The Corporate Buyer’s Representative agrees that, in the event the corporate Buyer is the successful bidder, the representative personally guarantees the performance of all obligations of the corporate buyer under these Terms, including payment of the purchase Price and any applicable fees. 
  3. The Auctioneer may rely on this warranty and guarantee as a continuing obligation, and the Corporate Buyer’s Representative indemnifies the auctioneer against any loss arising from a breach of this clause of failure by the Buyer to make payment for the Goods. 

5. Price 

  1. The Price is the Successful Bid at an Auction for the Goods plus any applicable Buyer’s Premium and is inclusive of GST. 

6. Payment terms 

  1. The Buyer must pay a Deposit of 10% of the value of its Successful Bid to the Auctioneer immediately after acceptance of its Successful Bid. 
  2. Upon issue by Global Auctioneers of an Invoice, the Buyer, will pay the Price less the Deposit to the Auctioneer within three (3) days of the date of Invoice. 
  3. Payment options are given in the payment advice on the Invoice and include electronic funds transfer (EFT), direct deposits or bank cheque (for amounts over $5,000.00). 
  4. Arrangements must be made with Global Auctioneers for alternative payment methods before the Auction. 

7. Failure to pay 

  1. If the Buyer defaults after the fall of the Auctioneer’s hammer, including payment of the deposit, or complete settlement, the Buyer must indemnify and keep indemnified the Auctioneer and the Seller on a full indemnity basis against all Loss, damage, liability, cost, and expense arising from or in connection with the default, including any deficiency on resale and all associated expenses (such as advertising, storage, insurance, transport, and commissions); and all legal costs and disbursements on a full indemnity basis incurred by the Auctioneer and/or Seller in consequence of the default and in enforcing their rights. 
  2. Where the Buyer fails to pay the Invoice within the Payment Terms, it may forfeit the Deposit and Global Auctioneers reserve the right to (i) terminate the Agreement and charge the Buyer a forfeiture fee of the greater of $250.00 or 20% of the Price and its reasonable expenses. 
  3. In the event of late payment, the Global Auctioneers reserve the right to charge the Buyer interest which will accrue at the rate of the lower of 8% of the Price per year accrued monthly, or the highest rate allowed by law. 
  4. No provision of this Agreement will be construed as limiting or excluding any statutory rights or remedies available to Global Auctioneers under applicable law. 

8. Risk falls with the hammer 

  1. The Buyer acknowledges that risk in the Goods passes to the Buyer upon the fall of the Auctioneers’ hammer, and it will not hold Auctioneer or the Seller liable or otherwise responsible for any loss or damage to the Goods that occurred after the fall of the Auctioneers’ hammer. 

9. Collection of Goods 

  1. Collection of the Goods is available only upon Global Auctioneers’ receipt of the Price. 
  2. The Buyer is responsible to collect the Goods at the Buyer’s expense and in accordance with the Auctioneers’ reasonable directions. 
  3. The Buyer bears all costs associated with the collecting and transferring title of the Goods including government taxes, duties or imposts unless otherwise agreed between Global Auctioneers and the Buyer.
  4. The Buyer agrees that it will collect the Goods within the Collection Period allocated by the Global Auctioneers. 
  5. In the unlikely event that the Goods are damaged or stolen during the Collection Period, the Auctioneer will use reasonable endeavours to assist in resolving or mitigating the Buyer’s loss; however, the Auctioneer will not be responsible or liable for any loss suffered by the Buyer. 
  6. The Auctioneer will make reasonable endeavours to ensure the Goods are available for collection at a time and place reasonable to the Buyer. 
  7. The Buyer will be strictly liable for any damage to the storage site of the Goods, or any goods, assets or materials therein, caused by its access to the site and/or the removal of the Goods from the stored location. 
  8. Seller will supervise the collection and removal of the Goods. 
  9. Global Auctioneers will not be liable for any Loss suffered by the Buyer or the Seller because of any delay in collection of the Goods. 
  10. Entry to any premises for collection of the Goods is at the Buyer’s risk and to the extent permitted by law, Global Auctioneers accept no liability for Loss, Consequential Loss, personal injury, death, or damage suffered by the Buyer, its employees, agents or representatives in collection of the Goods. 
  11. Where the Buyer purchases the Goods as a business, then the Buyer warrants that it holds appropriate public liability and workers compensation insurance in relation to its collection of the Goods’. 
  12. The Buyer agrees that the Auctioneer may require payment of an additional bond for building and demolition lots. 
  13. Auctioneer at its discretion, reserves the right charge the Buyer for its reasonable expenses incurred because of the Buyer’s delay in collecting the Goods outside the Collection Period. 

10. Security and title of Goods 

  1. The Seller warrants that it has good title to the Goods, proper authority to sell them, and has disclosed all security interests affecting the Goods. 
  2. The Buyer acknowledges that the Auctioneer relies on the Seller’s warranty as to title in conducting the Auction and is not liable for any undisclosed security interests. 
  3. The Buyer acknowledges that some Goods may be subject to security interests registered on the PPSR at the time of purchase and collection. 
  4. Global Auctioneers will take reasonable steps to obtain and provide information from the Seller regarding any PPSR registrations but does not guarantee the accuracy or completeness of such information. 
  5. The Buyer bears risk associated with purchasing Goods subject to PPSR registrations and must make its own enquiries regarding security interests before bidding. 
  6. The Buyer acknowledges that removal of PPSR registration is the responsibility of the Seller and that it may take between 1 to 6 weeks, depending on the secured party’s response time. 
  7. The Auctioneer agrees to make reasonable endeavours to work with the Seller to arrange removal of any PPSR registration on the Goods but does not guarantee the removal of PPSR registration, or its removal within any timeframe. 

11. Registration and use of online accounts 

  1. To participate in any online Auction, the Buyer must register for an online account with Global Auctioneers by providing accurate, and complete information, including the Buyer’s full name, address, email address, and valid contact phone number. 
  2. Registration is free and does not obligate the Buyer to place bids or make purchases. 
  3. By completing the online Registration, and holding and online account, the Buyer or the Buyer’s Corporate Representative warrants that it has given complete and accurate information and that it is older than 18 years of age and has legal capacity to complete the online Registration, to bid for the Goods at Auction. 
  4. Providing false, misleading, or incomplete information is strictly prohibited and may result in the suspension or termination of the Buyer’s account. 
  5. The Buyer is responsible to keep its Registraion information up to date and correct. 
  6. During registration, the Buyer must create a unique username and password (Login) and it is the responsibility of the Buyer to keep its Login details private and confidential. 
  7. Global Auctioneers will deem any action taken on or in connection with the Buyer’s online account to have been made by the Buyer whether authorised or not. 
  8. It is the responsibility of the Buyer to notify Global Auctioneers immediately if it suspects any unauthorised use or security breach of its online account. 
  9. By completing the online Registration, the Buyer consents to receive notifications from Global Auctioneers, including but not limited to status updates on active bids, confirmation of a Successful Bid, purchase receipts and invoices, and delivery and collection instructions. 
  10. Global Auctioneers may send the Buyer promotional materials and Customer surveys unless the Buyer opts out. 
  11. Global Auctioneers aim to send timely replies to the Buyer’s enquiries but do not guarantee delivery or receipt of any communications and will not be held liable for any Loss incurred due to its failure to reply to the Buyer’s enquiries. 
  12. Global Auctioneers, collects and stores the Buyer’s personal information in accordance with its Privacy Policy, in accordance with the Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs). 
  13. The Buyer may request Global Auctioneers to close its online account any time, provided there is no outstanding bids, unresolved transactions, or unpaid balances. 
  14. The Buyer must submit all online account closure requests to Global Auctioneers via email to: admin@globalauctioneers.com. 
  15. Global Auctioneers reserve the right to suspend, restrict, or permanently close any account at its sole discretion where the Buyer breaches these Terms or engages in unlawful conduct. 

12. Rules of bidding 

  1. The Buyer agrees that by placing a bid at an Auction that it is making a legally binding offer to purchase the item. 
  2. If the Buyer’s bid at an Auction is the highest bid when the Auctioneers’ hammer falls, then the Buyer becomes the successful bidder and is automatically bound by the Agreement to pay the Deposit and Price due. 
  3. Before bidding, the Buyer must read the full item description, including any terms listed in the lot page, sale overview, or associated documentation and inspect the Goods during scheduled viewing times or by appointment. 
  4. Buyer acknowledges that all images, titles, and summaries of Goods on Global Auctioneers’ Website are a guide only and do not constitute a full and accurate description or the Goods and the Buyer should not rely on them when bidding. 
  5. By placing a bid, the Buyer cannot withdraw or modify the bid including bids placed using the Auctioneers’ online Autobid function. 
  6. The Buyer must not engage, or attempt to engage in bid manipulation, including bidding on its own items, causing third parties to bid, or using multiple accounts, to influence auction outcomes. Such behaviour may result in termination of your Account and be referred to relevant authorities under Australian Consumer Law. 
  7. The Auctioneer reserves the right to place bids on behalf of the Seller. 

13. Limitation of liability 

  1. Global Auctioneers will not be held liable for the Buyer’s responsibility to update its contact information on its account and is not liable for any consequences resulting from the Buyer’s failure to provide updated and accurate information, including misdirected invoices or failed communications. 
  2. To the extent permitted by law, Global Auctioneers excludes all liability for any Loss, Consequential Loss, damage, cost, or expense suffered or incurred by the Buyer arising out of, or in connection with, an Auction, sale of Goods or use of Global Auctioneers’ Website. 
  3. Nothing in this clause excludes or limits any rights or remedies available under the Australian Consumer Law or any other law that cannot be excluded. 

14. Trusts 

  1. If the Buyer enters into an Agreement in its capacity as trustee for a trust (Trust), the Buyer represents and warrants that: (i) it enters into the Contract in its personal capacity and in its capacity as trustee as a Trust; (ii) no action has been taken or proposed to remove it as trustee of the Trust or to terminate or resettle the Trust; (iii) it has the power, and has complied with all requirements under the relevant Trust deed, to enter into and perform its obligations under the Contract in its capacity as trustee of the Trust; and (iv) it has the right to be indemnified out of the Trust assets in respect of its obligations and liabilities under and in connection with the Contract. 
  2. The Buyer acknowledges that Global Auctioneers is relying on the representations and warranties made to it under this clause 14. 
  3. The Buyer must not, without the written consent of Global Auctioneers, except as required by law or the Trust deed: (i) permit its right to be indemnified out of the Trust assets to be reduced or extinguished; (ii) permit a variation to the Trust deed which would have a material adverse effect on Global Auctioneers’ rights and entitlements under the Contract; or (iii) terminate or resettle the Trust. 

15. Termination 

  1. Without prejudice to any other right or remedy available, the parties may terminate the Agreement to purchase at any time by mutual written agreement. Termination will be effective on the date specified in the written agreement of termination. Upon termination, neither party will have any further obligations under the Agreement, except for obligations that expressly survive termination or have accrued prior to the termination date. 
  2. Global Auctioneers may terminate the Agreement with immediate effect by giving written notice to the Buyer if the Buyer (a) commits a material breach (or repeated or persistent breaches) of the Agreement and is incapable of remedy or, if capable of remedy, has not been remedied within three (3) Business Days from having been provided with reasonable details by the Global Auctioneers of the breach. 

16. GST 

  1. Capitalised expressions used in this clause that are not defined in these Terms but have a definedmeaning in the GST Act have the same meaning here. 
  2. If the Supplier makes a Taxable Supply, the Buyer (Recipient) must pay GST on that supply in addition to the consideration for the supply for which, Global Auctioneers will provide a Tax Invoice that complies with the GST Act. 
  3. GST must be paid at the same time as the consideration for the supply and if any part of the consideration is a reimbursement or indemnity for an expense, loss, outgoing, or liability incurred by the other party, the consideration excludes any GST included in that amount for which the other party can claim an Input Tax Credit. The other party is assumed to be entitled to a full Input Tax Credit unless it proves otherwise.

17. Force majeure 

  1. Global Auctioneers is entitled (without liability to the Buyer) to delay, vary or cancel the performance of any of its obligations if and to the extent that it is prevented from, hindered in or delayed in the performance of any of its obligations by normal route or means of delivery or at costs commercially acceptable to Global Auctioneers through any circumstances beyond its control, including acts of God, governmental actions, strikes or other labour disputes (whether or not relating to Global Auctioneers’ workforce), lock-outs, accidents, war or national emergency, acts of terrorism, protests, riot, civil commotion, explosion, flood, epidemic, pandemic, fire, natural disasters, extreme adverse weather, reduction or unavailability of energy sources, breakdown of plant, or machinery, restrictions or delays affecting delivery of the Goods, default of suppliers or subcontractors, shortage or unavailability of raw materials from normal sources of supply or the amendment or coming into force of any regulatory provision affecting the import or export of the Goods (each a Force Majeure Event). 

18. Miscellaneous 

  1. Any waiver by Global Auctioneers of any right is not a waiver of other or future rights Global Auctioneers may have. 
  2. If any part of these Terms is void or unenforceable, that part is severable from the Terms without affecting the enforceability of the other provisions of these Terms. 
  3. If the Buyer is more than one person or entity, each person or entity (as applicable) will be jointly and severally liable to Global Auctioneers. 
  4. Any notice in connection with these Terms or any Contract will be deemed to have been duly given when made in writing and delivered or sent by post or email to the party to whom such notice is intended to be given, at the address of that party in the Contract or to such other address (including email address) previously notified in writing to the other party. Notices will be deemed received on the earlier of (a) if personally delivered, on delivery; (b) if sent by post, on the fifth Business Day after the date of posting (or the seventh Business Day after the date of posting if sent to or from an address outside Australia); and (c) if sent by email, when the sender’s computer produces a confirmation stating that the transmission of the entire email was complete. 
  5. These Terms and any Contract will be governed by and is to be construed in accordance with the laws applicable in Queensland and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of that State and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.