Conditions of Sale - Traditional Auctions

CONDITIONS OF SALE

Each bidder should complete the Bidder's Registration form prior to the auction. By completing the Bidder's Registration or by bidding at the Auction, each bidder shall be deemed to have agreed to the terms and conditions set out below.


1. The highest bidder shall be the buyer but in the event of a dispute the Auctioneer shall have absolute discretion to settle it. Such discretion shall include the right to put up the lot or lots for sale again. The decision of the Auctioneer shall be final.

2. The amount by which a bid shall be in advance of the previous bid shall be at the discretion of the Auctioneer. A bid once made may not be retracted.

3. The Auctioneer may without giving a reason, refuse toaccept a bid, decline the offer for a lot or withdraw any lot or lots at any time.

4. All lots are offered subject to any reserve price imposed by the seller. The auctioneer shall not be required to disclose the existence or amount of such reserve price.

5. The seller reserves the right to bid on any lot in person or through an agent who may be the Auctioneer.

6. All lots are sold as they are and no error or misdescription in the catalogue or elsewhere, or any faults or defects or missing parts or quantities, shall vitiate the sale and the buyer shall be bound to take delivery without allowance or abatement in price. Any statement as to authorship, attribution, origin, date, age or condition are expressions of opinion and are not to be taken as statements or representations of fact. The Auctioneer reserves the right, in forming its opinion, to consult and rely upon the seller or any other authority reasonable considered by it to be reliable.

7. (a) Immediate payment in cash is to be made by the buyer unless other arrangements have been approved by the Auctioneers prior to the sale.
(b) At the fall of the hammer the buyer shall, if requested by the Auctioneer, pay a deposit of not less than 10% of the purchase price.
(c) If a buyer has not registered prior to the auction he shall give his name and address to the Auctioneer.
(d) All lots must be paid for prior to delivery. No lot may be removed while the sale is in progress.
(e) The Auctioneer may at any time and without prior notice to the buyer deduct from or set-off against any amounts which are otherwise due to or which are held for or on behalf of a buyer the amount of any indebtedness or liability in respect of any goods sold by auction to the buyer.
(f) If a buyer fails to comply with any of the provisions of this clause, the Auctioneer may put up for re-sale the lot or lots in respect of which failure occurred, and any bid by the defaulting buyer shall not be accepted. If the second sale results in a lower price being obtained, the defaulting buyer shall pay the difference in price to the seller and such amount shall be a debt payable by the buyer on demand.

8. Immediately upon the fall of the hammer in respect of a lot, it shall be at the sole risk and expense of the buyer who shall also be solely responsible for any damage. Loss or injury sustained by any person, including the Auctioneer, prior to or during the course of removal of the lot from the sale site.

9. All lots must be removed at the buyer's expense at the conclusion of the sale or within such further period as may be allowed by the Auctioneers.

10. Ownership in any lot shall remain with the seller until payment in full of the price for such goods and all other sums whatsoever due to the Auctioneer or until removal of the goods from the auction site, whichever occurs later. Pending such payment the following conditions shall apply to the goods in any lot:
(a) If the goods are removed from the auction site, the buyer shall mark and keep the goods in such a way as to indicate the goods are the property of the seller and shall upon request advise the Auctioneer or the seller of the location of the goods and the means by which the goods have been kept separately identifiable.
(b) The buyer shall be bailee of the goods and shall hold them and any proceeds, rights and claims in a fiduciary capacity for the seller.
(c) The seller or the Auctioneer or their agents shall be entitled at any time by its servants or agents to enter upon any land or property owned or occupied by the buyer and to recover and dispose of the goods and shall be entitled to use force as may be necessary to make such entry and seizure without any liability to the buyer. The seller or the Auctioneer shall be at liberty to resell the goods at such price and upon such terms as it sees fit and the proceeds of such sale, after deduction of all expenses, shall be deducted from the amount due.
(d) The buyer may not mix the goods with other objects or convert the goods to other objects whether by the process of manufacture or otherwise and whether or not such mixture or conversion renders the goods unidentifiable. In the event of the mixing or conversion of the goods, the property in the mixture of the converted goods as the case may be shall forthwith pass to the seller and remain with the seller from the moment of mixture or conversion until the buyer has paid all sums whatsoever due to the seller or the Auctioneer and the provisions of this condition shall apply to any such mixture or converted goods as if they were the goods themselves.
(e) The buyer may not except where the goods are being acquired for the purpose of resale in the course of business sell or otherwise dispose of the goods or any such mixture or converted goods as aforesaid to a third party. In the event of any sale the buyer shall hold the proceeds of sale or disposal and any rights or claims against third parties arising out of such sale or disposal in a fiduciary capacity for and to the account of the seller until the buyer has paid all sums whatsoever due to the seller or the Auctioneer (as nominated by the Auctioneer) or both of them and the buyer shall take all steps necessary to keep such proceeds separate from any other monies to pay over such proceeds to the seller or Auctioneer as appropriate and to transfer to the seller or Auctioneer (as nominated by the Auctioneer) any such rights or claims to the extent necessary to discharge in full the buyer's indebtedness to the seller.

11. In the event of non-compliance with any of the above conditions any monies paid by the buyer shall (at the option of the seller) be absolutely forfeited and the goods may be resold publicly or by private treaty without prior notice to the defaulter who shall be liable for any deficiency which may arise together with the costs and charges for both sales but who shall not be entitled to any profit which may accrue from such resale.

12. Tasmanian Valuers & Auctioneers Pty Ltd actas agents only and shall not be held responsible or accept liability for any faults, defects or misdescriptions nor for and deficiencies in the title to any lot or lots. No employee, officer or agent of Tasmanian Valuers & Auctioneers Pty Ltdhas the authority to make or give any representation or warranty or to vary these Conditions of Sale.

13. In these Conditions of Sale the word "Auctioneer" shall mean Tasmanian Valuers & Auctioneers Pty Ltd andwhere the context so permits shall include the person actually conducting the Auction Sale on behalf of the Company.

14. Time shall be the essence of the sale of any lot.

15. Any statement, invoice notice or other document including any court process may be given or delivered to or served upon the buyer by the Auctioneer by despatch by prepaid post addressed to the buyer at the last address of the buyer know to the Auctioneer and in the event that it is so dispatched by prepaid post it shall be conclusively deemed to have been received by the buyer when it would have reached the address to which it was dispatched in due course of post.

16. If and to the extent that any clause or part of a clause in these terms and conditions renders the contract comprised in these terms and conditions unenforceable or void for any reason including, without limitation, any lack of registration, that clause or part of a clause shall be deemed to be no part and never to have been any part of these conditions and shall be struck from them.

17. The WHS Legislation imposes obligations in respect of safety for workers arising out of the design,manufacture and supply of Plant and Equipment ("plant") for use in a workplace. The Auctioneer and the Vendor have warned prospective purchasers that no plant is being offered for sale for use in any workplace and it is the Purchaser's or user's responsibility to ensure that if the plant is to be used it is brought to a standard necessary to comply with the WHSLegislation before being used for the purpose and testing and examination is carried out to ensure it is safe and fit for use in a workplace.

TASMANIAN VALUERS AND AUCTIONEERS PTY LTD -A.B.N. 71 096 841 271

Conditions of Sale - Online Auctions

The following terms and conditions govern the Service that we offer at the Site ("Users Agreement"). It covers "Online Auction" and "Buy Now" Sales.

Please peruse these terms and conditions carefully. When you register with the service, you are deemed to have accepted, and will be bound by the Users Agreement, as amended and varied by us from time to time.

1. IN GENERAL

1.1 Terms and conditions

  • a. Capitalised terms used throughout the Users Agreement have the meaning given to them in the Definitions and Interpretations
  • b. The terms and conditions contained in the Users Agreement set out what you must do and what you must not do when using the Service. It also sets out our obligations to you. If you breach any of these conditions, we may decide not to allow you to use the Service, or claim damages against you. However, we do not intend to act unreasonably. Please take time to read these terms and conditions and make sure you understand them. If you have any questions please contact our customer service team at office@tva.net.au
  • c. We may amend the Users Agreement from time to time by posting new terms and conditions on this Site. These amendments will usually take effect 7 days after the changes have been posted on the Site. You should review this Users Agreement from time to time for any amendments. Please ensure you are familiar with them as changes may have been made to previous versions. Continued use by you of the Service following any amendments to this Users Agreement will constitute your acceptance of the new terms & conditions applying to the Service.
  • d. Please note that additional conditions governing the Service and your relationship with us are contained in other Tasmanian Valuers & Auctioneers' website pages and unless those conditions conflict with these terms and conditions, they will be incorporated into and will form part of the Users Agreement. In particular, please carefully read all information relating to the sale preview, catalogue page which contains important information relevant to each particular sale on the TVA website.
  • e.All prices quoted (includingbids) arein Australia Dollars (AUD) unless otherwise specified

1.2 Use of the service

  • a. The Service is provided to you personally. When using the Service, you must not re-sell access to the Service to another person or make commercial use of the Service.
  • b. If a government department, government agency or law enforcement agency informs us that there is any information on the Site which is in contravention of, or may contravene, any law, industry code of practice, policy guideline or regulation, we can remove that information from the Site.
  • c. Without limiting any other remedies available to us, we may suspend or terminate your account if we reasonably suspect that you may have engaged in fraudulent activity in connection with the Site.

1.3 Obligation to maintain system integrity

  • a. You may not take any action that might interfere with the operation of the Service.
  • b. You must not use any device, software or instruction to interfere or attempt to interfere with the proper working of our Site or any online auction being conducted on our Site.
  • c. You must not take any action which imposes an unreasonable or disproportionately large burden on our infrastructure.
  • d. You must not disclose or share your password to or with any third parties or use your password for any unauthorised purpose.
  • e. You are solely responsible for your transmissions through the Service. You must:
    • (i) not forge communications or take any other action which would disguise the origin of the communications transmitted by you through the Service;
    • (ii) not allow another person to transmit communications that falsely identifies your account as the origin of such a communication;
    • (iii) not interfere with or disrupt networks connected to the Service;
    • (iv) not use the Service for illegal purposes;
    • (v) comply with all regulations, policies and procedures of networks connected to the Service which either apply by operation of law or are referred to in the Site.
  • f. We reserve the right to determine whether or not your conduct is consistent with the Users Agreement and what we believe is good practice for the TVA website. We may in our sole discretion, immediately terminate your Account and use of the Service if your conduct is deemed by us to be inconsistent with the Users Agreement or our standards of practice. However, in exercising our rights, we do not intend to act unreasonably.

2. REGISTRATION

2.1 Registering for use

a. You must register your details with Tasmanian Valuers & Auctioneers Pty Ltd to use the Service (your "Account"). Registration is free and does not oblige you to purchase anything.
b. Upon registering a $1 preauthorisation will be processed against your account. This amount will be deleted within 7 working days and will not be completed. If the $1 preauthorisation is returned to us as declined your registration will be refused.
c. You must not use false or misleading information when registering or using the Service. Your obligations to Tasmanian Valuers & Auctioneers Pty Ltd won't be reduced for any reason including (for example) where you use a false name. If your details have changed since you last used the Service, you must provide us with the updated details. We are not responsible for any loss or damage (including misdirected emails or deliveries) which may occur because you have not provided us with complete and accurate information.
d. When you register for the Service, you must choose your user name and password. You must have a valid user name (or "login") and password before you can bid on items on the TVA website. You are responsible for the security of your user name and password. Tasmanian Valuers & Auctioneers Pty Ltd may assume that anyone using your user name and password is authorised by you. Unauthorised access and use of your details will, under no circumstances, reduce your liability in connection with using the Service. This includes your obligation to purchase an item which may result from use of your user name and password. You must notify Tasmanian Valuers & Auctioneers Pty Ltd immediately if you become aware of any unauthorised use of your user name or password or of any other security breach.
e. We intend to send notifications to you by e-mail of:
(i) the status of an online auction in which you are participating, such as 'you have been outbid' e-mails, or "you are the Winning Bidder" emails;
(ii) sales confirmation for "Buy Now" Sales;
(iii) the status of your delivery, if applicable;
(iv) a copy of your invoice, if applicable;
(v) newsletters and other promotional events and offers, unless you tell us you do not wish to receive these communications when you complete your registration form; and
(vi) requests to participate in customer feedback
However, we accept no liability for any loss or damage incurred if, for whatever reason, you do not receive such notifications.
f. Tasmanian Valuers & Auctioneers Pty Ltd will use your personal data in accordance with our Privacy Statement. We will not sell your personal information to other mailing lists.
g. You may request that your Account be closed by emailing us a closure request, to mail@tva.net.au In the case of an online auction you may not close your Account while you are the highest bidder on an online auction. When you are no longer the highest bidder, or when the auction closes, you may request that your Account be closed.
g. Tasmanian Valuers & Auctioneers Pty Ltd will only close your account if:
(i) any online auction at which you have bid has closed,
(ii) any "Buy Now" Sale has been concluded, and
(iii) you have paid everything you owe Tasmanian Valuers & Auctioneers Pty Ltd in cleared funds.

2.2 Eligibility to participate

You must be able to form legally binding contracts to use the Service. This means you must not use the Service if you:
a. is under 18 years of age,
b. an undischarged bankrupt, or
c. under any type of insolvency administration, where you are a company.

2.3 Registration process

In order to be eligible to purchase goods using the Service, you must provide details of an acceptable credit card sufficient to make online payments. By registering, you irrevocably authorise Tasmanian Valuers & Auctioneers Pty Ltd to process these transactions.

2.4 Your information

a. "Your information" includes any information you provide us at any time, including when you register to use the Service to bid online or buy products.
b. You are solely responsible for Your Information. However, we may deal with Your Information if we deem it necessary or appropriate for example; if we believe Your Information may create any liability for us. In dealing with Your Information, we will always act reasonably.
c. The secure areas (anywhere personal information is sought)of the site are protected by a minimum of 128bit SSL encryption. Whilst Tasmanian Valuers & Auctioneers Pty Ltd will endevour to ensure this service is always functioning correctly it is the responsibility of the user to ensure their browser displays either an 's' directly following the URL (eg http(s)://www.tva............) or a yellow lock in the bottom of the browser prior to entering personal information.
d. You must ensure that Your Information,
(i) is true, accurate and complete;
(ii) is not false or misleading;
(iii) does not infringe any other person's rights (for example intellectual property rights) or privacy;
(iv) is not contrary to any applicable law or industry code of practice;
(v) is not defamatory, threatening or harassing;
(vi) is not obscene or pornographic; or
(vii) does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming instructions that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
e. You must not do or allow to be done anything involving the Service which:
(i) may be contrary to any applicable law or industry code of practice, or
(ii) is prohibited by the Users Agreement.


3. YOUR RIGHTS AND OBLIGATIONS

3.1 Tasmanian Valuers & Auctioneers Pty Ltd Online Auctions - Your obligations as bidder

a. When you use the Service to bid at an online auction, you are making an offer to buy the item at your bid price. If your bid price is the Winner's Bid Amount, you will be the Winning Bidder and you must purchase the item you have bid for and pay the Winner's Bid Amount, plus any additional charges that you may be obliged to pay.
b. Please take care when making a bid as once your bid is placed, it cannot be withdrawn.
c. Please take care when setting an Autobid, as once your Autobid is placed, it cannot be altered or withdrawn.
d. It is your responsibility to read the Product Information, sale preview and catalogue page relating to any item listed for auction on the TVA website. Please do not rely solely on the title summary or any photographs of the item posted on the TVA website for a complete description of an item. You must not assume that the description or photograph of the item in any way offers an opinion or an assessment of the suitability of an item for you. If a photograph is provided, please use it as a guide only.
e. Please make sure you understand the delivery and payment terms, including any amendment to those terms and conditions as outlined in the item's description or in the sale preview and catalogue page. Usually a Buyer's Premium, and other charges including a delivery fee (if applicable), will apply to online auctions (please refer to clause 3.2 for examples of additional charges).
f. You must not engage in bid manipulation.

3.2 Your obligation to pay - Online Auctions

a. If you are the Winning Bidder in an online, you must pay:
(i) the Winners Bid Amount; and
(ii) the Buyers Premium; and
(iii) any other fees and charges specified in the sale preview and catalogue page, and including but not limited to tax, delivery and insurance charges, (the "Invoice Amount")
due to Tasmanian Valuers & Auctioneers Pty Ltd either by:
(iv) authorised credit card deduction (charge), immediately; or
(v) where the amount payable exceeds AUD$5,000.00, by way of direct deposit (telegraphic transfer), deposit of a bank cheque or such other method whereby immediately cleared funds are deposited into the bank account nominated by us within two working days (48hrs) of closure of online auction.
b. If the Invoice Amount is more than $5,000.00, and you don't pay it into a bank account nominated by Tasmanian Valuers & Auctioneers Pty Ltd, we may charge your credit card, (either for all or part of the Invoice Amount) on account of final payment by you. Tasmanian Valuers & Auctioneers Pty Ltd may also charge an additional 3% administration fee to your credit card, calculated on the total of the Invoice Amount.
c. If we find that the amount of credit available on your credit card is insufficient to cover the Invoice Amount, we can deduct any portion of the Invoice Amount that is owing to Tasmanian Valuers & Auctioneers Pty Ltd from your credit card on account of payment of the Invoice Amount in full.
d. If we are unable to deduct from your credit card the total amount owing to Tasmanian Valuers & Auctioneers Pty Ltd in one transaction, we may process any number of transactions on your credit card until the total amount you owe us is paid.
e. If your account remains unpaid after the specified due date we may charge you a 1% of the gross hammer price (excluding GST) per day late payment charge
f. If you:
(i) refuse to pay or otherwise fail to complete the purchase of an item when you are the Winning Bidder (for example, if your credit card balance is insufficient to meet all money due); or
(ii) do not comply with the terms and conditions of the Users Agreement
Tasmanian Valuers & Auctioneers Pty Ltd may, in our absolute discretion:
(A) sue you for all money owing to us, including any Buyers Premium and lost income;
(B) resell the item in any manner and on such conditions as we see fit without notice of resale to you and claim the net shortfall (between the Invoice Amount and the resale price received after deducting all expenses (as specified in (C)) (if any) from you; or
(C) charge you a cancellation fee of $250.00 or 20% of the Invoice Amount (whichever is the greater) to cover cost of resale of the item, lost commission and Buyers Premium (if any), administration costs, restocking costs, additional costs including advertising, insurance, transportation, storage and any other reasonably incurred expenses incurred in reinstating Tasmanian Valuers & Auctioneers Pty Ltd to the same position as if the item was sold to you;
and in taking the steps in (A), (B) or (C), you authorise Tasmanian Valuers & Auctioneers Pty Ltd to charge your credit card for any amount owing to us.
g. Notwithstanding that you have been notified that you are a Winning Bidder, Tasmanian Valuers & Auctioneers Pty Ltd may in our sole discretion choose to withdraw and not proceed with completion of the sale of the item if:
(i) the credit card payment is not processed in the first run due to card entry errors (including an incorrect or expired card expiry date) made by you;
(ii) there are insufficient funds or the credit limit is insufficient to cover the Invoice Amount;
(iii) you don't pay the Invoice Amount into a bank account nominated by us within two working days (48 hours) of the Winning Bidder placing the Winner's Bid Amount; or
(iv) Tasmanian Valuers & Auctioneers Pty Ltd are unable to contact you for any reason.
h. If you fail to comply with any of these terms and conditions, any money which you paid to Tasmanian Valuers & Auctioneers Pty Ltd on deposit on account of any purchases of an item may be forfeited to us. Tasmanian Valuers & Auctioneers Pty Ltd may also sue you to recover the balance of the Invoice Amount and any other amounts owing to us under these terms and conditions. In exercising our power of forfeiture, Tasmanian Valuers & Auctioneers Pty Ltd will not act unreasonably.

3.3 "Buy Now" Sales

a. You must pay the purchase price (including any GST) in full for a "Buy Now" Sale together with any other applicable fees or charges, for example buyers premium.
b. You authorise Tasmanian Valuers & Auctioneers Pty Ltd to debit your credit card for the total amount payable to us as a result of a "Buy Now" Sale.

4. THE ONLINE AUCTION PROCESS

4.1 Procedure

a. You may bid:
(i) by placing a normal bid; or
(ii) through a maximum bid amount for automatic application.
b. If you bid at an online auction using AutoBid, you are responsible for monitoring the online auction in which you are participating and acting in the auction by instructing AutoBid with your bids.
c. An online auction will start at the specified time and at the nominated minimum starting price.
d. All bids placed at an online auction,
(i) must be made on a per-item basis, and
(ii) may only be increased by multiples of the posted bid increment.
e. Tasmanian Valuers & Auctioneers Pty Ltd set a minimum price for each item we auction at which the bidding must start.
f. Tasmanian Valuers & Auctioneers Pty Ltd has discretion to close an online auction before the scheduled time. For example, we may close an online auction if:
(i) there is or Tasmanian Valuers & Auctioneers Pty Ltd suspect there may be, fraudulent or malicious bidding;
(ii) there may be processing errors;
(iii) there may be technological errors or site failure; or
(iv) we are not satisfied with proof of ownership of any good listed on the site.
g. Bids will be ranked in the following order of precedence,
(i) bid price,
(ii) bid quantity, and
(iii) initial bid time.
For example, if two or more bids are for the same bid price, the higher quantity will take precedence. If two or more bids are for the same bid price and bid quantity, the time the bidder placed their first bid on the item (or lot) takes precedence.
h. All bids placed on Tasmanian Valuers & Auctioneers Pty Ltd online auctions are made on a per-item basis (unless otherwise specified in the auction details) and bid amounts may only be increased in multiples of the specified bid increment. While you are the current highest bidder on an online auction, you will not be permitted to lower your current bid with a new lower bid, nor will you be permitted to lower your bid quantity with a new bid. If you want to decrease your quantity, you must wait until your current highest bid is exceeded by another bidder.
i. Winning bids placed at Tasmanian Valuers & Auctioneers Pty Ltd online auctions may be processed by Tasmanian Valuers & Auctioneers Pty Ltd even if the bidder's bid is successful only in respect of a percentage of the lot or unit volume bid upon by that bidder. For example, if a bidder bids on 10 units and is successful in relation to 2 of those units, but is outbid on the other 8 units, we will recognise the Winning Bid Amount placed by you with respect to the 2 units only.

4.2 Conclusion of Tasmanian Valuers & Auctioneers Pty Ltd online auction

a. The auction closes at the end of the time period specified for that Tasmanian Valuers & Auctioneers Pty Ltd online auction where there are no new successful bids during the 5 minutes immediately preceding the end of the time period specified. If there are any successful bids on a particular lot/item within 5 minutes of the close of the online auction (the bonus time period), the auction will continue to be extended until there are no more within the 'Bonus Time' Period. The 'Bonus Time' Period may vary from time to time by a number of seconds but will not exceed 5 mins from the scheduled auction closing time. We accept no responsibility for any circumstances or incidents arising as a result of any slight variations that may occur in the 'Bonus Time' Period.
b. When a Tasmanian Valuers & Auctioneers Pty Ltd online auction in which you have participated closes and you are the Winning Bidder, we intend to notify you by e-mail. This notice will include,
(i) notification that you are the Winning Bidder and of the amount of your winning bid; and
(ii) the item number and description.
c. We provide this notice out of courtesy and as a reminder to you. You may not receive this email, however, you are solely responsible for monitoring the status of any Tasmanian Valuers & Auctioneers Pty Ltd online auction in which you participate and non-receipt of a Winning Bidder (or any other) email from us will not reduce or release you from your obligation to complete the sale and purchase the auction sale item.
d. When you place the winning bid at a Tasmanian Valuers & Auctioneers Pty Ltd online auction, we may charge the cost of your purchase and the cost of the applicable delivery fee, together with any other purchases you have made in accordance with clause 3.2.
e. If you are the Winning Bidder for an item at an online auction, you must complete the transaction and purchase that item.
f. You acknowledge that:
(i) unless otherwise stated all prices are quoted in Australian dollars;
(ii) you must pay for goods and services, including delivery costs and other fees as outlined in clause 3.2, in Australian dollars, unless otherwise specified.

4.3 Processing and technological errors

If there are errors in processing and/or Site downtime or any other errors or delays caused to the Site and/or Service as a result of technological difficulties associated with Tasmanian Valuers & Auctioneers Pty Ltd servers, data hosting centre, internet service provider or any other reason, we may do all or any of the following:

a. at any time (prior to or after the original time set for conclusion of the online auction) extend an online auction for a period of time (determined at our discretion);
b. decide (prior to or after the original time set for conclusion of the online auction) to re-open an online auction for a period of time - to be determined at our discretion;
c. retract any Winning Bidder's emails which may have been sent out to bidders prior to or following (as the case may be) the conclusion of an online auction; and
d. amend at any time prior to or during an online auction, the "start price" allocated to an item for sale online, but only so as to correct any errors due to processing or technological fault; and/or,
e. cancel that entire online auction / buy now transaction and conduct the sale again.
4.4 Time - online auctions

When bidding on Tasmanian Valuers & Auctioneers Pty Ltd online auctions the time is approximately equal to Australian Eastern Standard Time (AEST or AEDT as applicable). There may on occasion be instances where time is slightly different to AEST or AEDST.

5. RETURNS

5.1 Return of goods - Online Auctions

a. Generally goods bought at auction may not be returned to us:
(i) if you change your mind; or
(ii) you have had the opportunity to inspect them before bidding as sales are made on a "as is, where is" basis.
b. Goods will only be returned if we are responsible for delivery and they,
(i) the goods were damaged significantly other than that stated in the item description
c. If you wish to return an item, you must email our customer service team with full details of your purchase and the reason for return of the item within three days of the sale closing date. When we receive your email, we will assess your claim and and may email you a returns advice form, which must be included with the returned item.
d. Tasmanian Valuers & Auctioneers Pty Ltd reserves the right to refuse any claim for refund
e. If Tasmanian Valuers & Auctioneers Pty Ltd email you a returns advice form in accordance with sub-paragraph 5.1(c) and Tasmanian Valuers & Auctioneers Pty Ltd do not receive a response from you or receive the returned item from you within 2 working days, you will be deemed to have waived any right that you may have had to return the item and will have no further right to return the item to Tasmanian Valuers & Auctioneers Pty Ltd, or claim a refund.
f. Goods must be returned in their original packaging and must not be tampered with or used in any way.
g. Within the first 5 working days of receipt by Tasmanian Valuers & Auctioneers Pty Ltd of a returned item, the item will be inspected and tested to determine its condition and, if the item is found to be in good working order (and your claim as to the faulty nature of the item is found to be invalid), the item will be returned to you and you will be charged all freight charges incurred by Tasmanian Valuers & Auctioneers Pty Ltd in relation to the return and re-return of the goods. Tasmanian Valuers & Auctioneers Pty Ltd may charge your credit card with any moneys incurred by us as a result of this process. If we are unable to collect payment for the outstanding freight charges Tasmanian Valuers & Auctioneers Pty Ltd reserve the right to resell the item on your behalf and deduct any outstanding charges prior to remitting you the balance
h. If, when Tasmanian Valuers & Auctioneers Pty Ltd receives a returned item, we determine that the item is faulty or damaged or incorrectly described, we will, within 21 days, either replace your goods or refund your credit card for the Invoice Amount , or issue you with a direct deposit for the original Invoice Amount.
i. If an item or lot is described in the catalogue description or product information on our TVA website as being in a faulty or damaged condition, you acknowledge that condition when bidding for that lot or choosing to buy that item, Tasmanian Valuers & Auctioneers Pty Ltd accept no liability for, and will not entertain any subsequent claim for any loss or damage incurred by you on account of the faulty or otherwise damaged condition of the auction item or lot.

5.2 Returns of Goods - 'Buy Now' Sales

(i) if you change your mind; or
(ii) you have had the opportunity to inspect them before bidding as sales are made on a "as is, where is" basis.
b. Goods will only be returned if Tasmanian Valuers & Auctioneers Pty Ltd are responsible for delivery and they,
(i) were incorrectly described in the catalogue description (other than minor differences); or the goods were damaged significantly other than that stated in the item description
c. If you wish to return an item, you must email our customer service team with full details of your purchase and the reason for return of the item within 3 days of the sale closing date. When Tasmanian Valuers & Auctioneers Pty Ltd receive your email, we will assess your claim and and may email you a returns advice form, which must be included with the returned item.
d. Tasmanian Valuers & Auctioneers Pty Ltd reserves the right to refuse any claim for refund
e. If Tasmanian Valuers & Auctioneers Pty Ltd email you a returns advice form in accordance with sub-paragraph 5.1(c) and Tasmanian Valuers & Auctioneers Pty Ltd do not receive a response from you or receive the returned item from you within 2 working days, you will be deemed to have waived any right that you may have had to return the item and will have no further right to return the item to us, or claim a refund.
f. Goods must be returned in their original packaging and must not be tampered with or used in any way.
g. Within the first 5 working days of receipt by Tasmanian Valuers & Auctioneers Pty Ltd of a returned item, the item will be inspected and tested to determine its condition and, if the item is found to be in good working order (and your claim as to the faulty nature of the item is found to be invalid), the item will be returned to you and you will be charged all freight charges incurred by Tasmanian Valuers & Auctioneers Pty Ltd in relation to the return and re-return of the goods. Tasmanian Valuers & Auctioneers Pty Ltd may charge your credit card with any moneys incurred by us as a result of this process. If we are unable to collect payment for the outstanding freight charges we reserve the right to resell the item on your behalf and deduct any outstanding charges prior to remitting you the balance
h. If, when Tasmanian Valuers & Auctioneers Pty Ltd receives a returned item, we determine that the item is faulty or damaged or incorrectly described, we will, within 21 days, either replace your goods or refund your credit card for the Invoice Amount , or issue you with a direct deposit for the original Invoice Amount.
i. If an item or lot is described in the catalogue description or product information on our TVA website as being in a faulty or damaged condition, you acknowledge that condition when bidding for that lot or choosing to buy that item, Tasmanian Valuers & Auctioneers Pty Ltd accept no liability for, and will not entertain any subsequent claim for any loss or damage incurred by you on account of the faulty or otherwise damaged condition of the auction item or lot.

5.3 Reference to Retail Prices

a. In certain circumstances, an item for sale on the TVA website may display the manufacturer's original retail price (ORP). Please be aware that this is not a reference to the current recommended retail price of the goods but rather a reference to the price supplied by the manufacturer, distributor or retailer of the item at the time of the item's original sale. That price may not be current as at the time of the sale. Tasmanian Valuers & Auctioneers Pty Ltd takes no responsibility for the display of ORPs on any item listed on the Site. You must satisfy yourself as to the value of the item being sold.
b. In certain circumstances, an item for sale on the website may include reference to the manufacturer's Recommended Retail Price (RRP). Usually if a RRP is included with a sale item, the RRP has been supplied by the vendor of the item and we assume the vendor believes the RRP is current at the time the item is placed on the Site for sale. We accept no responsibility for the accuracy or otherwise of any RRP included on any item listed for sale on the Site. We suggest users independently satisfy themselves as to the value of the item being sold.
c. The Comparable Retail Price (CRP) means the price at which in the judgment of our manufacturers or suppliers, is the comparable selling price in retail shops for the same or similar item. In some cases the CRP may be supplied by an importer of products who has not sold in the domestic market, and in these cases the CRP may be calculated using a foreign retail price (adjusted) as a guide. You may choose to us the CRP as a reference guide. We take no responsibility for the display of any CRP listed on the site, and we suggest users independently satisfy themselves as to the value of the item being sold.

5.4 Manufacturers liability

a. Subject to any rights you may have under any law, if an item is sold as a "Buy Now" Sale or by Tasmanian Valuers & Auctioneers Pty Ltd online auction, and that item is sold with an accompanying manufacturer's warranty, we will take no responsibility for the content, fulfilment or enforcement of that manufacturer's warranty. It is your responsibility to contact the relevant manufacturer in relation to all questions and claims relating to the manufacturer's warranty.

6. TASMANIAN VALUERS & AUCTIONEERS PTY LTD RIGHTS

6.1 Suspension from use of service

a. Tasmanian Valuers & Auctioneers Pty Ltd may refuse you the right to use the Service if you:
(i) do not pay for the item and/or refuse delivery of the item;
(ii) give information which is untrue, inaccurate or incomplete; or
(iii) have engaged in any form of bid manipulation. In those circumstances you will be permanently suspended from the Service, including all associated secondary and re-registered membership accounts.
b. Tasmanian Valuers & Auctioneers Pty Ltd may suspend, cancel or terminate your access to the Service if you breach or fail to observe the Users Agreement or for any other reason at our discretion. However, Tasmanian Valuers & Auctioneers Pty Ltd will not exercise our discretion unreasonably.
c. If Tasmanian Valuers & Auctioneers Pty Ltd suspend your access to the Service, you may not register again.

6.2 False or Misleading Conduct

a. It is illegal to use a false name to buy products with an invalid or stolen credit card or make bids, even if our software initially accepts such a bid. We intend to refer fraudulent users to the police and to your Internet Service Provider.
b. You may be sued for any losses suffered by any person arising out of any bid manipulation or illegal action.
c. If your credit card balance is insufficient to meet all money due to us, then in addition to all other remedies available to Tasmanian Valuers & Auctioneers Pty Ltd under the Users Agreement, we may immediately institute proceedings against you for any amount owing to any person.

6.3 Tasmanian Valuers & Auctioneers Pty Ltd rights upon breach by you

Tasmanian Valuers & Auctioneers Pty Ltd may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your registration Account (including on any of your current Tasmanian Valuers & Auctioneers Pty Ltd online auctions, and any other information you place on the Tasmanian Valuers & Auctioneers Pty Ltd website) if you breach the Users Agreement or if Tasmanian Valuers & Auctioneers Pty Ltd are unable to verify or authenticate any information you provide to Tasmanian Valuers & Auctioneers Pty Ltd.

6.4 Rights as agent and/or seller

a. Tasmanian Valuers & Auctioneers Pty Ltd may withdraw and/or re-offer an item from sale an Tasmanian Valuers & Auctioneers Pty Ltd online auction or by "Buy Now" Sale if the item:
(i) becomes unavailable due to damage,
(ii) has uncertain ownership,
(iii) is withdrawn by the manufacturer, distributor or vendor,
(iv) has been erroneously listed twice,
(v) was incorrectly described, or
(vi) was incorrectly priced.
b. Tasmanian Valuers & Auctioneers Pty Ltd may withdraw an item from sale or cancel a "Buy Now" Sale under sub clause 6.4 at any time, even if the sale has been completed and the item delivered to you. In those circumstances, we will refund any amount you have paid for the item.
c. Tasmanian Valuers & Auctioneers Pty Ltd also reserve the right to change the:
(i) quantities of products posted,
(ii) maximum number of items which you may buy or bid for, or
(iii) bid increment during an auction,
at any time. For example, we will make these changes where processing errors, technological errors or other errors result in loading of incorrect information.

7. LIABILITY AND INDEMNITIES

7.1 Tasmanian Valuers & Auctioneers Pty Ltd liability to you

a. In a Tasmanian Valuers & Auctioneers Pty Ltd online auction we are not responsible for bids not received, processed or accepted due to technical difficulties, including those online bids placed by Autobid. In particular, we are not responsible for any loss, liability or damage incurred by you as a result of a bid not received, processed or accepted due to technical difficulties.
b. Tasmanian Valuers & Auctioneers Pty Ltd provides the site and the service without any express or implied warranty or condition concerning the site's capacity.
c. Neither Tasmanian Valuers & Auctioneers Pty Ltd nor our suppliers will be liable for any lost profits or any special, incidental or consequential damages (however arising, including negligence) arising out of or in connection with the delivery of the service or the sale of any good.
d. Tasmanian Valuers & Auctioneers Pty Ltd does not guarantee continuous, uninterrupted or secure access to the Service. Operation of the Site may be restricted by factors outside of our control or during maintenance.
You acknowledge that the internet can be an unstable and, sometimes, insecure environment. At times the Service may not be available and "Buy Now" Sale or bids placed at Tasmanian Valuers & Auctioneers Pty Ltd online auctions may not be processed or accepted.
e. Tasmanian Valuers & Auctioneers Pty Ltd cannot guarantee that we will notice or be able to prevent any illegal or inappropriate use of the Site.
f. Tasmanian Valuers & Auctioneers Pty Ltd cannot guarantee the preservation of any record, particularly after the provision of the Service to you has been suspended, cancelled or terminated and may delete information at our sole discretion and without notice to any person.

7.2 Limitation of Tasmanian Valuers & Auctioneers Pty Ltd liability to you

a. In relation to the items sold as "Buy Now" Sales or in an online auction, Tasmanian Valuers & Auctioneers Pty Ltd will endeavour to:
(i) provide accurate descriptions to fairly reflect each item;
(ii) pass clear title to the items to you; and
(iii) ensure that each item listed on the site is available.
b. To the extent permitted by law, all express or implied conditions or warranties in connection with the Service, the Site and the sale of any goods are excluded.
c. Tasmanian Valuers & Auctioneers Pty Ltd does not exclude liability under any condition or warranty which cannot be excluded by law. In those circumstances we expressly limit our liability for breach of a condition or warranty implied by virtue of any law at our option:
(i) in the case of goods supplied to:
(A) the replacement of the goods,
(B) the supply of equivalent goods, or
(C) making a full refund to you
(ii) in the case of services supplied to:
(A) supply of the services again,
(B) payment of the costs of having the services supplied again, or
(C) making a full refund to you

7.3 Indemnities

a. You waive, release, discharge and relinquish any and all claims that you now have or may have against Tasmanian Valuers & Auctioneers Pty Ltd, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to the use of the Service.
b. You agree to indemnify and defend Tasmanian Valuers & Auctioneers Pty Ltd, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives (Tasmanian Valuers & Auctioneers Pty Ltd indemnified parties) harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by the Tasmanian Valuers & Auctioneers Pty Ltd indemnified parties arising out of or in connection with the performance of their obligations as described in the Tasmanian Valuers & Auctioneers Pty Ltd Users Agreement including the legal costs, fees and expenses of defending ourselves against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of your negligent act or omission on a full indemnity basis.
c. You further agree to indemnify and hold Tasmanian Valuers & Auctioneers Pty Ltd and the Tasmanian Valuers & Auctioneers Pty Ltd indemnified parties harmless from any claim or demand, including legal fees on a full indemnity basis), made by any third party due to or arising out of a breach of the Tasmanian Valuers & Auctioneers Pty Ltd Users Agreement by you, or
d. the infringement by you, or other user of the Service using your user name and password, of any intellectual property or other right of any person or entity.

8. COLLECTION, DELIVERY, INSURANCE AND RISK

8.1 Collection and delivery

a. Details concerning collection and/or delivery of items following the conclusion of a "Buy Now" Sale or Tasmanian Valuers & Auctioneers Pty Ltd online auction are set out in the sale preview, catalogue page. Any collection times specified by Tasmanian Valuers & Auctioneers Pty Ltd in the sale preview or catalogue page. or otherwise are estimates only and Tasmanian Valuers & Auctioneers Pty Ltd will not be liable to you for any loss or damage you suffer as a result of our failure to comply with such details.
c. Unless outlined in the sale preview or catalogue page, delivery of bulky goods (for example large TVs, furniture, and whitegoods) assumes ground floor front door delivery.
d. Whenever you visit any place where goods are stored to inspect or collect them, you must comply with:
(i) any law relating to occupational health and safety;
(ii) any directions or warning we have given about goods or their location in the sale preview or catalogue page and
(iii) any directions given by us or anyone authorised by us when inspecting or removing any goods from any location;
e. You acknowledge that you inspect or remove goods at any location at your own risk.
f. If we are unable to deliver an item or you don't collect it within 7 days of a sale Tasmanian Valuers & Auctioneers Pty Ltd may charge you a storage fee in accordance with our usual rates.
g. If an item remains unclaimed after 30 days from the date of sale the item is deemed abandoned and Tasmanian Valuers & Auctioneers Pty Ltd may discard or re-sell the item(s) with any proceeds retained as penalty and storage charges

8.2 Risk and title

a. If the item is to be delivered by Tasmanian Valuers & Auctioneers Pty Ltd to a place nominated by you, the risk in it will pass to you:
(i) when it is delivered; or
(ii) if Tasmanian Valuers & Auctioneers Pty Ltd are unable to deliver the item to the place nominated by you for any reason, (for example if no one is present to accept delivery), when Tasmanian Valuers & Auctioneers Pty Ltd or our carrier first attempt to deliver the item.
b. All items to be delivered must be delivered to a specified premises and receipt must be acknowledged by signature. After you provide delivery location details, you must not,
(i) contact any carrier Tasmanian Valuers & Auctioneers Pty Ltd use directly and authorise them to deliver the items to another address,
(ii) arrange for collection from the carrier directly.
If you contravene this clause you will waive any right you may have had to personal delivery, and you will be deemed to have accepted all responsibility for any loss of or damage caused to the items, and you release Tasmanian Valuers & Auctioneers Pty Ltd from any liability for any loss or damage caused as a result.
c. Title in any item will only pass to you when we receive the Invoice Amount in cleared funds. If title has passed, that will not affect Tasmanian Valuers & Auctioneers Pty Ltd rights to terminate a sale under clause 6.4.
d. If the item is withheld by us in accordance with the Users Agreement, risk in the item will pass to you at such time as you would have been able to collect the item had Tasmanian Valuers & Auctioneers Pty Ltd not been holding it.
e. You cannot change or request to change your delivery address details after a "Buy Now" Sale or Tasmanian Valuers & Auctioneers Pty Ltd online auction has closed. Tasmanian Valuers & Auctioneers Pty Ltd has no responsibility if an item is not delivered where you change your delivery address details in those circumstances.

9. PRIVACY

a. Our Privacy Statement (as it appears from time to time) is available on the website. Tasmanian Valuers & Auctioneers Pty Ltd will take all reasonable steps to abide by this policy and all users of the site agree to with the policy when using this Site.
b. If you do not agree to the collection of this information and the other information specified in the Privacy Statement, then you may not use the site.
c. By registering with the service and accepting the Users Agreement, you also consent to:
(i) Collection of a variety of personal information which is specified in greater detail in the

Privacy Statement. This information includes your address, gender, and date of birth and contact details; in some cases, credit card details, bidding and buying activities; and your use of our Site generally.

(ii) Use of your personal information for certain purposes specified in greater detail in the

Privacy Statement. These purposes include internal use for improving the Service; meeting our obligations under State or Federal law; statistical analysis of usage of Tasmanian Valuers & Auctioneers Pty Ltd website to improve the Service; to utilise our content and product offerings and deliver promotional material to you (if you have opted for this service); and administrative purposes connected with the Site.
(iii) Tasmanian Valuers & Auctioneers Pty Ltd may disclose your information in the circumstances specified in the Privacy Statement.

10. GOVERNING LAW

This Users Agreement is governed by and will be construed according to the law of Tasmania. Tasmanian Valuers & Auctioneers Pty Ltd and you are subject to the jurisdiction of the courts of Tasmania.

11. GST

a. The sale preview, catalogue page will state whether the sale price of a lot is inclusive of GST (GST Inclusive) or exclusive of GST (GST exclusive).
b. You acknowledge and agree that:
(i) if the sale price is GST Inclusive, any Buyer's Premium will include GST and will be calculated as a percentage of the sale price (inclusive of GST) and payable by you at the same time as the sale price; or
(ii) if the sale price is GST Exclusive, GST will be calculated on and added to the sale price, and in the case of an online auction the Buyer's Premium exclusive of GST will be calculated on the sale price and payable by you at the same time as the sale price.

12. DEFINITIONS AND INTERPRETATION

a. Autobid means the process by which you elect and submit a maximum bid amount and Tasmanian Valuers & Auctioneers Pty Ltd online auction system will automatically incrementally increase your existing bid in the event that your existing bid is exceeded by another bidder up to your maximum bid amount.
b. Buyers Premium means that percentage of the Winner's Bid Amount as identified on the sale preview and catalogue page and payable by the winning bidder of an auction. The Buyer's Premium is payable in addition to and at the same time as the Winner's Bid Amount, and will form part of the total Invoice Amount to be paid by the winning bidder for the purchase of the sale lot. The Buyers Premium may be GST inclusive or exclusive, and will be clearly marked which one in the sale preview and catalogue page.
c. Consumer Sale means a "Buy Now" Sale where clause 7.2(b) applies. That is, sales to consumers where implied conditions cannot be excluded by law.
d. Invoice Amount has the meaning given to it in clause 3.2 of the Users Agreement for online auctions. For "Buy Now" Sales it means the purchase price together with any other applicable charges, for example delivery charges.
e. Catalogue Page means the page that contains the special terms and conditions and attaching to a particular good for sale by "Buy Now" Sale.
f. Lot Description means the description of a product contained with the sale catalogue and identified with its individual lot number.
g. Catalogue page means the page that contains the special terms and attaching to a particular good for sale by auction.
h. Privacy Statement means that statement contained in the Privacy & Security Section of the Site.
i. Product Information means any information posted by Tasmanian Valuers & Auctioneers Pty Ltd on the site in relation to any item posted by us for sale on the site.
j. 'Bonus Time' Period means the time betweenfour minutes and one second andfour minutes and fifty nine seconds (inclusive), being the period that the site's timing mechanism has entered thefifth minute. For example:
(i) where a bid is placed at 2:58:00 pm, assuming there are no further bids placed, the auction will close at 3:03:00 pm;
(ii) where a bid is placed at 2:58:45 pm, assuming there are no further bids placed, the auction will close at 3:03:45 pm;
(iii) where a bid is placed at 2:59:00 pm, assuming there are no further bids placed, the auction will close at 3:04:00 pm.
k. Returns Policy means that policy contained in the Returns Policy section.
l. Sale preview means the special terms and conditions and specifications attaching to a particular good which are accessed by the potential buyer upon entry to the online sale portal for that particular good, and prior to accessing the catalogue and lot view details.
m. Service means the Tasmanian Valuers & Auctioneers Pty Ltd online auction and "Buy Now" Sale service governed by the Users Agreement and any other conditions contained on the Site.
n. "Buy Now" Sale means a sale of anything located in the ""Buy Now"" section of the Site.
o. "Buy Now" Price Amount means the price payable for an item sold by a "Buy Now" Sale.
p. Site means the Tasmanian Valuers & Auctioneers Pty Ltd website.
q. Users Agreement means these terms and conditions which you are deemed to have agreed to when you register for the Service.
r. us/we means Tasmanian Valuers & Auctioneers Pty Ltd, ABN: 71096841271 2 Speedway Drive Latrobe TAS 7307 - Refer to 'About TVA' for details of managing the auction
s. Winners Bid Amount means:
(i) the amount of the highest bid,
(ii) where two or more bids are for the same price, the bid amount that is for the greater quantity of goods; or
(iii) where two or more bids are for the same price and quantity, the bid that was placed first.
t. Winning Bidder means that bidder who has the highest bid at the conclusion of the Tasmanian Valuers & Auctioneers Pty Ltd online auction, allowing for any Bid Precedence rules.

Contact Us

  • Latrobe, Tasmania
  • 1800 808 197
  • mail@tva.net.au
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