1.1 “Auctioneer” means Dominion Group (NSW) Pty. Ltd., its servants, agents, contractors and sub-contractors. “Bid” means an offer to purchase Goods. “Bidder” means a person who makes a Bid. “Goods” means any goods held for auction by the Auctioneer. “Lot” means Goods auctioned as a complete and distinct item. “person” includes a firm, body corporate, unincorporated association or authority. “Purchaser” means a person who purchases Goods auctioned by the Auctioneer, it servants, agents, contractors and subcontractors. “Vendor” means the person for whom the Auctioneer auctions Goods, its servants, agents, contracts and subcontractors.

1.2 This auction shall be completely and exclusively governed by these terms and conditions of sale (“Terms”) which shall supersede all prior arrangements, written or oral.

2. Persons entering on the Auctioneer’s or Vendor’s premises shall do so at their own risk and expressly agreed to be bound by the warning notice displayed at the entrance to the auction premises. The Auctioneer’s or Vendor’s premises or both may contain dangerous or hazardous goods or substances.

3. Prior to bidding for any Lot, each Bidder must fully complete a registration form supplied by the Auctioneer thereby expressly accepting these Terms without qualification or reservation. Any bid given by a Bidder not registered in accordance with this clause, may, at the option of the Auctioneer, be disregarded.

4. Each Lot shall be the subject of a separate contract of sale completely and exclusively governed by these Terms.

5. The Auctioneer may, without reason, at its sole discretion, refuse to accept any Bid, withdraw any Lot at any time, vary the order in which Lots catalogued are to be auctioned or make any alternation to these Terms before the completion of the Sale.

6. Every Bid shall be at least 5% higher in monetary terms that the previous Bid. No Bidder may retract any Bid. This auction is subject to a right to bid on behalf of the Vendor, which right is expressly reserved by or on behalf of the Vendor. The Vendor or Auctioneer may make any number of Bids for any Lot.

7. Subject to any reserve, the highest Bidder shall be the Purchaser upon the fall of the hammer. In the event of any dispute the Purchaser shall be determined by the Auctioneer in such manner as the Auctioneer is its sole discretion thinks fit.

8.1 Unless agreed with the Auctioneer prior to bidding for any Lot:
(a) the Purchaser, shall before leaving the auction site, shall pay a minimum deposit of 20% of the purchase price of each Lot purchased or in the case of a motor vehicle $1000.00 immediately on the fall of the hammer by CASH, CERTIFIED BANK CHEQUE OR DIRECT CREDIT (see Clause 25 for payment details); and
(b) the balance of purchase price shall be paid at the Auctioneer’s offices or at any other place nominated by the Auctioneer, before the removal of any Lot, and in any event within 24 hours of the purchase of that Lot by CASH, CERTIFIED BANK CHEQUE OR DIRECT CREDIT (see Clause 25 for payment details).
DOMINION GROUP (NSW) PTY LTD
Sale # ……….

9. The Bidder shall inspect Lots and satisfy itself as to the condition of each Lot before bidding; illustrations in catalogues are for general identification purposes only. The Purchaser expressly agrees that it has, prior to bidding, inspected the purchased Lot and in purchasing the Lot relied entirely on its own judgement and not on any statements or representations made by the Auctioneer or Vendor.

10.1 Subject to conditions and warranties prescribed by statue which cannot be excluded (“prescribed terms”) the liability of the Auctioneer and Vendor for a breach of prescribed terms is limited at the option of the Auctioneer or Vendor to the replacement, equivalent supply or repair of the Lot supplied or the cost of any of these items.

10.2 Subject to prescribed terms and clause 10.1, the Auctioneer and Vendor shall not be liable for any loss, damage or injury of any kind whatsoever, whether arising from the performance, description, misdescription or identification of Goods, the entry of persons onto auction premises or otherwise, (including, without limitation, loss, damage or injury cause by the default or negligence of or misrepresentation by the Auctioneer or the Vendor and any incidental and consequential loss, damage or injury), to any person or property.

11. If a Purchaser fails to comply with these Terms any money paid, partly paid or deposited shall be forfeited. Any Lot not fully paid for or removed or both within the time prescribed in clause 8.2 may at the Auctioneer’s or Vendor’s option be both stored at the defaulting Purchaser’s risk and expense or resold, in which case, any deficiency whatsoever shall be made good by the defaulting purchaser without prejudice to any rights or remedies of the Vendor or the Auctioneer.

12. If a deficiency arises between the quantity of Goods described at the time of auction or purchase and that available at the time of delivery the Purchaser shall take that quantity and the Vendor or Auctioneer or both shall be required to effect delivery of only the quantity so available and no compensation will be payable in respect of such deficiency.

13. The Auctioneer is acting solely as agent for the Vendor. Claims or actions in any way relating to the Lots auctioned should be made against the Vendor.

14. Title to a Lot auctioned shall remain with the Vendor until the full purchase price and all other sums payable in respect of the Lot are paid in full, all cheques or direct credit payments cleared, and the Lot removed.

15. A Lot shall be held at all times after purchase (whether or not the Lot is to be delivered to the Purchaser by the Auctioneer or Vendor) at the Purchaser’s risk and expense in respect of loss or damage from any cause whatsoever including the Auctioneer’s or the Vendor’s or any other person’s negligence, and taxed and charges of any kind. The Auctioneer will announce whether the items being sold include or exclude GST. The Buyer will pay GST where and when applicable.

16. Subject to clause 8.2 the Purchaser shall remove purchased Lots from the Auctioneer’s or the Vendor’s premises with reasonable skill, care and attention and shall bear the cost of making good any damages or injury caused to the Auctioneer’s or Vendor’s premises as a result of removing purchased Lots.

DOMINION GROUP (NSW) PTY LTD
Sale # ……….

17. Unless agreed in writing with the Auctioneer, the Purchaser is to arrange removal and delivery of a purchased Lot. Where it is agreed in writing that a purchased Lot is to be removed or delivered to the Purchaser by the Auctioneer or Vendor, the Lot shall be delivered at the Purchaser’s expense. When delivering Lots the Auctioneer or Vendor shall, be under no liability for any loss, damage or injury of any kind whatsoever (including, without limitation, loss, damage or injury caused by the default or negligence of or misrepresentation by the Auctioneer or the Vendor and any incidental and consequential loss damage or injury) to any person or property.

18. A provision of or a right created under these terms and conditions may not be waived except in writing signed by the party granted the waiver.

19. This agreement shall be governed by the Laws of New South Wales E & O E.

20. Special conditions regarding electrical, plumbing and gas fitting equipment: This equipment is sold in a used condition and no warranty is given that its present condition complies with the safety requirement of the State Electricity Commission, the Plumbing Industry Commission or other regulatory body. It is pointed out that under the State Legislation the Purchaser is required before resale or use to have the equipment examined and repaired by an appropriately qualified tradesman holding a current trade ticket.
Removal: Major items of plant must also be removed by an appropriately qualified tradesman holding a current trade ticket.

21. All types of Vehicles are sold with no registration and no roadworthy and, by signing the Bidder’s Registration Form, prospective Purchasers understand that there is no Statutory Warranty applicable.

22. Prospective Purchaser’s of MAJOR ITEMS of PLANT are advised that special arrangements may be made with the Auctioneer PRIOR TO SALE for an extension of time for removal purposes.

23. Buyer’s Premium – The buyer agrees to pay any buyer’s premium applicable to an Auction Sale on top of the knowndown price at a rate announced and advertised prior to the commencement of the Auction.

24. All goods which have been paid for in full with clear funds must be removed by the Purchaser at the Purchaser’s expense by 4.00pm on DAY, DATE, MONTH, YEAR.
No goods are to be removed prior to the completion of the auction.

Payment details:
(i) DIRECT CREDIT into Dominion Group (NSW) Pty. Ltd. Trust Account – ANZ Bank – BSB 013-247 Account 2961-54526 on day of Auction prior to 5pm to ensure clearance of funds overnight; PLEASE QUOTE BIDDER’S NUMBER; or
(ii) CASH; or
(iii) CERTIFIED BANK CHEQUE made out to DOMINION GROUP (NSW) PTY. LTD.

Payment is required before despatch of goods and by 12 noon on
DAY, DATE, MONTH, YEAR.