Auctiq Pty Ltd  trading as  Adey Auctions

ACN: 675974142     ABN: 36675974142

Bidder’s Terms and Conditions

The bidder(s) and buyer(s) and Auctiq Pty Ltd trading as Adey Auctions [known hereafter as Auctioneer(s)] agree that the terms, as set out hereunder, govern every auction sale.

• Bidder registration: All bidders must register to bid and be at least 18 years of age. Registration can be done online via the Auction Mobility platform or via a bidder’s registration form on the day of auction. All bidders must present photo identification upon registration along with their full name, address, email address, and contact phone number. International bidders: please contact the Auctioneer prior to the auction for qualification.
• All bids are binding: Whether made in person or online, all bids are considered legally binding and cannot be reduced or withdrawn. The bidder is responsible for all bids placed using the bidder’s number and/or password. Ensuring the security of the bidder’s information is entirely the bidder’s responsibility.
• All prices are in Australian dollars.
• Buyer’s Premium: A non-negotiable buyer’s premium of 15% + GST (16.5% GST inclusive) applies to all goods sold. Buyer’s Premium is payable by the buyer and calculated on the final hammer/bid price, then added to it. For example: if the final hammer/bid price of an item is $100, the total amount the buyer must pay is $116.50.
• Buyer’s responsibility upon purchase: At the fall of the hammer, all items are the responsibility of the buyer. It is the buyer’s responsibility to obtain appropriate insurance coverage on all purchases, including, but not limited to, motor vehicles. The Auctioneer will not be held liable for any damage, loss, or theft.
• Bid refusal: The Auctioneer may, at their sole discretion, refuse to accept a bid from any person(s) at any time without giving a reason.
• Disputes: In the event of any dispute arising regarding any lot, the Auctioneer reserves the sole discretion to re-open the bidding and re-offer the lot for auction. Any dispute shall be resolved at the discretion of the Auctioneer, and their decision shall be final and binding upon all parties involved.
• Deposits: In limited circumstances and at the Auctioneer’s sole direction, a buyer may be asked to pay a 10% deposit at the fall of the hammer.
• The highest bidder: At the fall of the hammer, the highest bidder shall be the buyer of the item unless the item is subject to a reserve price higher than the bid. Such bids are then referred to the vendor and are subject to their approval. The highest bidder of a referred bid has the first right to negotiate with the vendor through the Auctioneer.
• All items are sold as-is/where-is: All lots and items are sold on an "as-is/where-is" basis. All purchases are considered final, and no cancellations or refunds will be granted for any reason, including, but not limited to, damage, defect, incorrect description, or missing parts. Neither the vendor nor Auctioneer shall be held liable to pay any compensation resulting from faults or misdescription of any item. It is the responsibility of the buyer to thoroughly inspect and satisfy themselves of the condition and accuracy of the item(s) prior to purchase. In cases where physical inspection is not possible, such as in online auctions, buyers are encouraged to request additional information or images as needed. The vendor and the Auctioneer do not warrant or guarantee the fitness of any item for a particular purpose. See clause 17 “No guarantees or statements” for further information.
• Offers on unsold items: Any offers on unsold items after an auction must be in writing, clearly stating the bidder’s number, lot number, description, and the price being offered. Buyer’s Premium will be payable in addition to any price offered and subsequently accepted. The offer may only be withdrawn prior to vendor acceptance. Upon vendor acceptance, the offer is binding.
• Withdrawal of items: The Auctioneer may withdraw items from sale without notice.
• Payment: The Auctioneer accepts the following payment methods from Australia-based buyers: direct deposit/ bank transfer, EFTPOS, and credit card (excluding Amex or Diners Club). A 1.1% surcharge applies to all EFTPOS and credit card transactions; facilities are available on-site. Cheques are not accepted. Full payment for all items purchased is due on collection or prior to collection. International buyers may pay via bank transfer; however, the buyer is responsible for any fees the Auctioneer incurs as a result. International buyers must contact the Auctioneer prior to the auction for qualification and make payment within 24 hours of the auction’s completion. All payments must clear and be visible in our account before any goods are released to the buyer or their authorised representatives. When paying by direct deposit or bank transfer, please use your bidder’s number and surname in the reference field.
• Collection of goods: The buyer is responsible for the collection and removal of any purchased goods within the specified timeframe. Collection timeframes will differ from auction to auction—please refer to the “Auction Information” stated in the description of Lot 1 in the auction’s online catalogue for details relating to that specific auction. It is important to note that the collection/removal time may be limited, so the bidder should be aware of the stated removal timeframe prior to bidding. Payment must be received before the removal of goods from the property. Buyers must present a paid invoice to the Auctioneer for verification before removing any items, and staff assistance must be sought in locating and retrieving the purchased goods. The Auctioneer does not offer a packing, postage, or delivery service but information for those services can be found on the Adey Auctions website. Any buyer having someone other than themselves collect their purchase(s) must notify the Auctioneer in writing. Upon collection, any damage to property or injuries sustained during the removal process, whether by the buyer or their authorised representatives, shall be the sole responsibility of the buyer.
• Conditions of entry: All individuals entering the auction site, whether physically or online, and/or the vendor’s property do so entirely at their own risk. By entering the website or premises, individuals acknowledge and agree that neither the Auctioneer nor the vendor shall be held liable for any injury, loss, damage, or harm, whether to person or property, arising from or in connection with their presence on the site or premises. Furthermore, individuals entering the site or premises indemnify and hold harmless the Auctioneer and the vendor from any claims, demands, or actions arising from their presence on the premises.
• Service interruptions: In the event of interruptions or malfunctions of service related to online bidding, the Auctioneer will make reasonable efforts to rectify the issue promptly. However, the Auctioneer cannot guarantee uninterrupted service and will not be held liable for any resulting consequences or losses, including, but not limited to, the suspension of bidding, the voidance of a sale or sales, and errors resulting from such interruptions.
• No guarantees or statements: The owner, external administrators, and Auctioneer (along with their respective employees or representatives) do not provide any warranties or assurances regarding the condition, quality, suitability for purpose, merchantable quality, or compliance with legal or regulatory requirements of any items included in the lot. Should any warranties or assurances be deemed to exist, buyers acknowledge that they are not relied upon during their assessment of the items. The Auctioneer and vendor advise purchasers that no lot offered shall be deemed to be fit for use. The buyers acknowledge that it is the buyer’s responsibility to comply with the Work Health and Safety Act 2012 and to ensure that all lots purchased are tested and/or comply with the WHS Act 2012 and the WHS Regulations 2012 or any relative amendments thereto as and/or when such amendments became law. All conditions, representations, and warranties implied or mandated by law are expressly excluded to the fullest extent permitted by law. Buyers are responsible for conducting their own independent enquiries and seeking advice regarding all aspects of the items. By purchasing the items, buyers release and agree to indemnify the owner, external administrators, and Auctioneer from any claims arising from or related to the purchased items, including their subsequent use or resale.
• Severability: If any term or provision in this “Bidder’s Terms and Conditions” document is held to be illegal, rendered unlawful, or deemed unenforceable under any applicable law as determined by a court of competent jurisdiction, such term or provision shall be severed from the document to the extent necessary to comply with such law. The remaining provisions of this “Bidder’s Terms and Conditions” document shall remain in full force and effect without modification, and the rights and obligations pursuant to the remaining provisions of the parties shall be enforced.
• Governing law: These conditions shall be governed by and construed in accordance with the laws of South Australia.