 |
|
Online-Ag Auctions
Online Terms and Conditions To use Online-Ag Auctions you will need to accept the below Terms and Conditions.
Online-Ag Online User’s Agreement
- General
1.1 Welcome to Online-Ag Auctions (“Online-Ag”). You must accept the Terms & Conditions of this User’s Agreement without change prior to buying or bidding for goods, accessing our website or using any of the other services we provide.
1.2 In using this Website, you agree to all the Terms & Conditions of this User’s Agreement. We strongly advise that you read this User’s Agreement carefully.
1.3 This User’s Agreement sets out your rights and obligations and our rights and obligations. Should you breach any of the obligations, we may terminate your registration with us, and/or claim an award of damages against you.
1.4 Online-Ag may amend this User’s Agreement at any time by posting the amended terms on our website. The amended terms shall automatically be effective fourteen (14) days after they are initially posted on the website. If you continue to use this Website and the User’s Agreement is amended, you are taken to have accepted the terms of the amended User’s Agreement.
1.5 All prices listed, where applicable, are in Australian dollars.
1.6 The Purchase Price for all goods will be GST exclusive unless otherwise specified.
1.7 If we are informed that any of the content on our website is in violation of any laws, we reserve the right to remove that content.
- Eligibility
2.1 Use of the Services is limited to parties who can lawfully enter into and form contracts under Australian law. 2.2 To register, you must provide your legal name, business trading name (if applicable), address, phone number and email address.
- Registration with Online-Ag
3.1 In order to place a bid or purchase any products from Online-Ag you must register to bid through our online registration form.
3.2 Your account is identified by your chosen username, and you are the only party authorised to use your username.
3.3 Upon registration you must ensure that all personal details you have provided to us are accurate, will not mislead and will not infringe any laws.
3.4 Upon registration with Online-Ag via the Website, you authorise Online-Ag to enter your details into the Auction Register and upon any successful bid on any item enter your details in the Sale Register.
3.5 You are responsible for maintaining the confidentiality of your registered account with us and any password(s) you have chosen, or we may issue to you in connection with your access and use of the Services.
3.6 You are responsible for all uses of your account, whether or not actually or expressly authorised by you.
3.7 If you believe that your account and/or password(s) have been misused or compromised in any manner, please contact us immediately at machinery@online-ag.com.au.
3.8 You are responsible for ensuring that you do not interfere with the management of this Website.
3.9 Should you use a false name, stolen or forged credit card we will refer such information to the authorities, including the Police, and we may commence proceedings against you for any losses suffered as a result of such occurrence.
3.10 Should you wish to cancel your registration with Online-Ag you can do so by contacting us at machinery@online-ag.com.au. We will not allow you to cancel your registration if you are currently the highest bidder on an item for Auction, or have outstanding monies owed to Online-Ag.
- Online-Ag as Agent
4.1 Online-Ag is acting as an agent for the Seller and is not responsible for any default by you or the Seller.
4.2 You acknowledge that all Sellers instruct and authorise Online-Ag to:
(1) sell the item/lot as the Seller’s agent in accordance with these Terms & Conditions;
(2) receive and hold all Sale Proceeds on the Seller’s behalf;
(3) sign on the Seller’s behalf any documentation necessary to transfer ownership of the item/lot to the Purchaser; and
(4) allow the item/lot to be inspected by prospective Purchasers prior to the Auction, at any time and in any manner or place agreeable to Online-Ag.
4.3 If any dispute arises in relation to an item/lot, the dispute is between you and the Seller. You agree that Online-Ag is in no way involved or party to any claim, action, tribunal or court proceeding in respect of that item/lot and you indemnify Online-Ag, on a full indemnity basis, from all liability, including all costs incurred by you in relation to any such claim.
- Governing Law
5.1 You are obligated to abide by all applicable laws, statutes and regulations regarding the use of our services, including those in relation to bidding and purchasing items.
5.2 The proper law governing the interpretation and enforcement of these Terms & Conditions including all substantive rights and obligations hereunder and the manner mode and method of performance is the laws of Australia and of the State in which the Auction took place.
5.3 All rights and remedies available to the parties against each other under the general law are subject to these Terms & Conditions.
5.4 If any of the terms or conditions in these Terms & Conditions are to any extent held by any court of competent jurisdiction to be invalid or unenforceable, the remaining terms and conditions will not be affected thereby and will remain in full force and effect.
- Bidding
6.1 Each Auction will have a set commencement and conclusion time, as well as a minimum starting price.
6.2 The Auction times will be as specified on the Website.
6.3 Bidding can occur via AutoBid or by placing an ordinary bid.
6.4 Bidding on an item indicates your intention to purchase that item.
6.5 As the bidder, you assert to Online-Ag and shall be deemed by Online-Ag to be the Principal and are personally liable for all obligations pursuant to the Terms & Conditions.
6.6 Before placing a bid you must read all details and descriptions of the product. However, Online-Ag advises that this is a guide only and any descriptions and/or photographs depicted cannot be solely relied upon for the quality of the item.
6.7 Bidding is to be made on a per-item basis and may only be increased by the amount posted by Online-Ag as the bid increment.
6.8 Bids cannot be cancelled once they are submitted. If using an Autobid, you must ensure that you have taken all reasonable care to ensure that it is set correctly, as once it is in place, it cannot be removed.
6.9 Upon the conclusion of the Auction, if you hold the highest bidding price you will be notified by email.
6.10 Upon receiving notification that you are the winning bidder you accept the Seller’s offer to purchase the item and are obligated to purchase the item. You should thoroughly read the delivery/collection information.
6.11 You must not place a false bid aimed to mislead. Online-Ag may close the Auction early if any false or misleading bidding is suspected.
6.12 The Auction will close at the end of the specified time if there are no successful bids during the 5 minutes preceding the end of the time specified. If there are any successful bids within the 5 minutes (‘bonus time period’), the auction will be extended until there are no more within the Bonus Time period.
- Online Bidding Technology
7.1 The Online-Ag Website is provided without any warranty as to its capacity.
7.2 We cannot guarantee continuous or secure access to our Website, we use all reasonable methods to maintain an uninterrupted service but offer no guarantee or promises.
7.3 If there are any technological or processing problems during an Auction, Online-Ag may decide to close the auction and re-open the Auction at a later time or extend the conclusion time for the Auction.
7.4 When bidding via the Website you:
(1) acknowledge that Online-Ag is not responsible for bids that were not processed due to technical problems and/or delays;
(2) agree that they will not make any claims against Online-Ag from any loss or damage arising as a result of the use of the Website, including but not limited to, losses resulting from errors or problems on the internet, service or any issues beyond Online-Ags control or losses arising from the bidder and/or Purchaser’s (whichever the case may be) use of or inability to use the service; and
(3) acknowledge that Online-Ag cannot prevent inappropriate use of the system or bidder information stored in the system.
- Purchasing of items
8.1 If you are the highest bidder, you must pay the total amount for the item you have purchased.
8.2 You are also obliged to pay any additional fees which may be included in your purchase.
8.3 If you do not deposit the monies into our nominated account within two (2) business days of the completion of the sale; we reserve the right to withdraw the contract for sale.
8.4 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.
8.5 Should you fail to pay for an item in which you were the highest bidder or do not comply with any of the Terms & Conditions within this User’s Agreement we have the right to commence proceedings against you (without notice) for monies owing; resell the item; or charge you a cancellation fee of the greater of $250 or 20% of the Purchase Price.
8.6 Title in any Item/Lot does not pass until the Purchase Price and Buyer’s Premium (and if applicable, any other Governmental charges or fees payable pursuant to these Terms & Conditions, including, but not limited to any taxes, levies, duties, imposts, deductions and charges) has been paid in full.
8.7 You shall be responsible for any loss or damage to, or caused by, an item/lot purchased by you from the fall of the auctioneer’s hammer and neither Online-Ag nor its employees or agents shall be responsible for any claim while the Item/Lot is in its power, possession or custody, except where Online-Ag (and its employees or agents) has not acted with due care and skill.
8.8 Online-Ag will not refund or return any goods or items.
- Buyer’s Premium
9.1 You agree that every Item/Lot will attract a Buyer’s Premium.
9.2 The Buyer’s Premium must be paid in addition to the Purchase Price and all other governmental charges or fees.
9.3 Online-Ag will determine the Buyer’s Premium to be paid by the Purchaser on each Item/Lot and list the Buyer’s Premium on the Website.
- Delivery and collection of purchased items
10.1 If the item you have purchased is to be collected by you, collection times for the item will be listed on the item page. Should you fail to collect the item within seven (7) days after the sale has concluded we reserve the right to treat the sale item/lot as abandoned goods.
10.2 All items/lots that are to be inspected or collected are collected or inspected at your own risk.
10.3 A sale item/lot can be re-listed for sale or destroyed if it is not collected by the Purchaser within twenty-one (21) days of the sale date.
10.4 All sale proceeds from an item that has been re-listed and sold in accordance with clause 11.3 will be forfeited by the Purchaser without claim against Online-Ag for monies lost.
10.5 The risk in the item/lot you have purchased will pass to you upon the receipt of the item.
- Seller Warranties
11.1 The Seller represents and warrants to you and Online-Ag that:
(1) it has good title to the Item/Lot; and
(2) it has proper authority to sell the Item/Lot.
11.2 You acknowledge that Online-Ag relies on this representation and warranty in auctioning the Item/Lot on behalf of the Seller.
- Our rights and responsibilities
12.1 We reserve the right to suspend your registration with Online-Ag and use of our Services should you fail to pay for an item, give information which is false or misleading or breach any terms of this User’s Agreement.
12.2 Upon suspension of your registration you may no longer register with Online-Ag for the Auction in which you have been suspended and any future Auctions conducted by Online-Ag.
12.3 Online-Ag have the right to remove a listed item should the item become damaged, or a mistake has been made in the pricing, description or ownership of the item.
12.4 Online-Ag is not responsible for any error or mistake in the pricing, description or ownership of an item in the Catalogue. It is the responsibility of the Purchaser to inspect any Item/Lot in accordance with clause
12.5 Online-Ag reserves its rights:
(1) to offer for sale part only of any Item/Lot listed in a Catalogue;
(2) to offer two or more separate Lots listed in a Catalogue for sale together as one Lot and if that Lot is not sold, to offer those Lots for Auction as separate Lots;
(4) to not disclose the existence and/or quantum of the reserve price (if any) of a Lot prior to the close of bidding or withdrawal of the Lot;
(5) in the event that any Purchaser successfully bids for more than one Lot at the Auction:
(a) to allocate any monies received from that Purchaser between the Lots as it sees fit; and
(b) to regard the sale of multiple Lots as interdependent and treat default under a contract for either Lot as default under all such contracts;
(6) to (whether or not a Lot has been knocked down as sold) in its sole discretion resubmit it for sale by auction at the Auction in progress or as soon as practicable thereafter; and
(7) to offer and sell a Lot that is not sold at an Auction immediately thereafter by private agreement. Any such private agreement is also subject to these Terms & Conditions unless otherwise agreed in writing by Online-Ag.
- Warranties
13.1 Online-Ag hereby disclaims all express or implied representations, warranties, guarantees, and conditions, including but not limited to any implied warranties or conditions of merchantability, quality, accuracy, completeness, fitness for a particular purpose, title and non-infringement, except to the extent that such disclaimers are held to be legally invalid in Australia.
13.2 Any statement as to the quantity of goods is approximate only and is as represented to Online-Ag. Online-Ag gives no warranty that quantities as stated are correct. In addition to any other rights you may have, compensation for shortages in quantity shall be given if demanded in writing before delivery and/or collection of the goods. In the event of any dispute as to compensation, the dispute shall be settled by an arbitrator who shall be the person mutually agreed upon by the parties.
13.3 As all Items/Lots are open for inspection prior to the commencement of sale, it is assumed that the goods have been inspected and are sold with all faults, if any. You accept all responsibility for determining whether the products/services are sufficient for your purposes.
13.4 Except as otherwise provided by State or Federal law, no compensation shall be made in respect of any fault or error of description of any lots sold. No Lot shall be sold or deemed to be sold by description on the Website.
13.5 You acknowledge that the consumer guarantees stipulated in sections 54, 55, 56, 57, 58 and 59 of the Australian Consumer Law do not apply to the sale of goods by Auction. As a result, Online-Ag and the Seller make no warranties and give no guarantees regarding:
(1) the goods being of acceptable quality;
(2) the goods being fit for any disclosed purpose or any purpose for which the supplier represents they are fit;
(3) the goods matching their description or corresponding to any sample or demonstration model;
(4) the availability of repairs or spare parts for the goods; or
(5) express warranties in respect of the goods made by the manufacturer being complied with
13.7 You acknowledge that it is your responsibility to conduct a search of the Personal Property Securities Register (as applicable) and that search must be undertaken no earlier than the day prior to the day you bid for the Lot to ensure that there is no undisclosed encumbrance over the Lot.
13.8 You shall be solely responsible for obtaining any export licence that may be required in connection with a purchased Lot.
13.9 Unless expressly stated in a Catalogue, Online-Ag has no knowledge of whether a Lot complies with the provisions of any applicable state or territory road traffic or maritime laws. The Purchaser of a Lot who intends to use it on a public road or waterway shall be responsible for ensuring that it complies with the provisions of any road traffic or maritime Acts and Regulations.
13.10 Nothing in this clause (or any other provision of these Terms & Conditions) should be interpreted as attempting to exclude, restrict or modify the application of any applicable provisions of the Australian Consumer Law, or the liability of Online-Ag or the Seller for failing to comply with these provisions of the Australian Consumer Law or the right of a consumer to make a claim in respect of these guarantees or under any other provision of the Australian Consumer Law.
- Occupational Health and Safety
14.1 You agree that you will be responsible for taking, and will take, all information supplied for or in connection with the goods and/or their operation/use into consideration prior to operating and / or using the goods.
14.2 Any failure to comply with clause 18.1 and any damage, loss or liability to the goods and/or their operation / use shall be you and your responsibility solely.
14.3 You acknowledge and agree that you will carry out, or cause to be carried out, a detailed health, safety, hazard and compliance review of the goods prior to operating and/or using the goods.
14.4 You acknowledge, accept and agree that all risk in connection with, and responsibility for, the goods, their operation/use, the safety of persons, and the safe operation/use of the goods is and shall be solely yours upon completion of the Auction of the goods.
- Limitation of liability
15.1 You will not hold Online-Ag responsible for any loss you may incur due to us enforcing any of our policies. 15.2 You accept sole responsibility for the legality of your actions under laws applying to you.
15.3 Nothing in this User’s Agreement shall limit or exclude our liability for fraud, death or personal injury resulting from our negligence or the negligence of our employees or for any of the liability that cannot be limited or excluded by law.
15.4 Online-Ag is not liable for the enforcement of manufacturer’s warranty on a product (where applicable).
15.5 Where you suffer loss as a result of its purchase of any Item/Lot and:
(1) you suffer the loss other than as a result of any breach by the Seller or Online-Ag of the consumer guarantee or other similar provision of the Australian Consumer Law;
then, subject to any other laws which may apply and may not be excluded, or in respect of which liability cannot be limited by these Terms & Conditions, the Seller and Online-Ag will not be liable for any such loss suffered by you. This clause applies even if the Seller and/or Online-Ag knew or ought to have known that the relevant loss would be suffered.
- Finance
16.1 You expressly acknowledge and warrant to Online-Ag and to the Seller that prior to making an offer for a Lot or successfully negotiating the purchase of a Lot by private agreement, that you have the money immediately available to complete the purchase or have obtained approval for financial assistance on reasonable terms.
- Default
17.1 If any Purchaser shall fail to comply with any of these Terms & Conditions or if any payment is dishonoured, any monies which such Purchaser shall have paid to Online-Ag on account of the purchase or purchases shall be absolutely forfeited to the Seller and the Seller or Online-Ag shall be at liberty to sue such Purchaser for damages, or at their option to resell the lot in any manner and upon such terms and conditions as they think proper.
17.2 If you are in default of any of your obligations under these Terms & Conditions or any interdependent or separate agreement with Online-Ag or the Seller:
(1) Online-Ag and/or the Seller may:
(a) commence proceedings against you (without notice) for monies owing and/or to recover damages from you;
(b) without notice to you resell the Lot or Lots in any manner upon such terms and conditions as it may think proper and recover all losses, costs and expenses incurred from any such resale from you by way of damages, whether or not that amount exceeds the Purchase Price that was to be paid by you for the Lot or Lots (and including all legal costs) and the amount of any commission lost on the original sale as the result of your default and the cost of advertising in respect of any such resale; and
(c) forfeit any monies paid by you in consideration for a Lot and/or Lots.
- Notice
18.1 A notice, demand, consent or approval or communication under these Terms & Conditions must be:
(1) in writing, in English, and signed by a person duly authorised by the sender; and
(2) delivered by hand or sent by prepaid post, and by airmail when sent to a destination outside Australia, or facsimile or email to the recipient’s address as varied by any notice given by the recipient to the sender.
18.2 A notice given in accordance with clause 21.1 takes effect when it is taken to have been received (or at a later time specified in it), and is taken to be received:
(1) if hand delivered, on delivery;
(2) if sent by facsimile, on receipt by the sender of the transmission report at the conclusion of the transmission;
(3) if sent by mail, five (5) days after the date of posting if posted to an address within the country of posting and ten (10) days after the date of posting if posted to a country outside Australia; and
(4) if sent by email, at the time of transmission unless the sender is notified that the email was undeliverable.
18.3 In proving service by delivery:
(1) by hand, it shall be necessary only to produce a receipt for the communication signed by or on behalf of the recipient;
(2) by facsimile, it shall be necessary only to produce the confirmatory transmission report;
(3) by post, it shall be necessary only to prove that the communication was contained in a pre-paid envelope which was duly addressed, posted and, in the case of the notice being sent to a destination outside Australia, was sent by airmail; and
(4) by email, it shall be necessary only to prove that the communication was sent to the correct email address.
- Intellectual Property
19.1 Online-Ag grants a limited license to each registered user to make personal use only of the Website.
19.2 This license expressly excludes, without limitation, any resale or commercial use of the Website; making any derivative of the Website, the collection and use of participant email addresses or other participant information, ratings or listings, or any data extraction.
19.3 All materials provided on this Website, including but not limited to information, documents, products, logos, graphics, images, auctions, and services are the wholly owned and copyrighted work of Online-Ag and/or its third party providers.
19.4 None of the materials posted herein may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Online-Ag or the appropriate third party provider.
- Privacy
20.1 Online-Ag is committed to protecting the privacy of your personal information in accordance with the Privacy Act 1988 (Cth) (Privacy Act).
20.2 We may change the Privacy Policy in the future.
20.3 You should check the Privacy Policy frequently for any changes we may have made.
20.4 By agreeing to this User’s Agreement you consent to us using your personal information as specified in the Privacy Policy.
- Further special conditions
21.1 Online-Ag may prior to the commencement, or during an Auction announce further special conditions applying to that Auction or a particular item put up for auction in which event such further special condition or conditions will be deemed to be incorporated into and form part of these Terms & Conditions.
|