Last updated: April 06, 2019
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://auctionsite.com website (the "Service") operated by Thermospan Australia Pty Ltd ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
If you wish to purchase any product or service made available through the Service "Purchase", you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
The Service is not designed to provide qualitative advice regarding the fitness for purpose and merchantability of any products or services. We strongly advise you to exercise caution and do your own due diligence in conducting any transactions through the Service.
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
The Service and its original content, features and functionality are and will remain the exclusive property of Thermospan Australia Pty Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of both the Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Thermospan Australia Pty Ltd. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you..
Our Service may contain links to third-party web sites or services that are not owned or controlled by Thermospan Australia Pty Ltd.
Thermospan Australia Pty Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Thermospan Australia Pty Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.
As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party.
This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.
You agree that we shall not be liable for any damages suffered as a result of using the Service.
In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any Content provided by third parties, such as manufacturers and wholesalers, and users of the Service. It is your sole responsibility to ensure the accuracy of the data inputted.
You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service.
Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Thermospan Australia Pty Ltd its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Western Australia, Australia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect.
It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.
If you have any questions about these Terms, please contact us.
The Terms and Conditions of Auctionsite.com are based on the standard terms and conditions as set out by the Auctioneers and Valuers Association of Western Australia (AVAWA), subject to any special terms and conditions pertinent to this auction.
These terms and conditions are subject to change at any time and should be read regularly to remain updated on any changes.
‘Auctioneer’ refers to the person who calls for bids and declares lots sold
‘Bidder’ refers to any person who makes a bid for a lot.
‘Bidder registration form’ applies to the proforma requiring contact details from bidders
‘Buyer’ refers to the successful bidder of a lot.
‘Buyers Premium’ refers to the amount a buyer pays on top of the sale price, set at a rate determined by the auctioneer and/or on display.
‘Computer Hardware’ describes the external components of a computer including keyboard, tower case, monitor and hard drive.
“Legislation’ refers to the Occupational Safety and Health Act (1984) and the Occupation Safety and Health Regulations (1996).
“Lot” refers to items or a single item that is for sale at the auction and is described by the Auctioneer as a lot.
‘Plant and Equipment’ refers to and includes mechanical, electrical and electronic equipment, machinery, tools, all vehicles, , appliances, fixtures, implements and any component or fitting that is an accessory or integral part of the above.
“Seller” refers to a person who sells a lot.
‘Software’ refers to the operating systems and programmes used by computer hardware.
‘Timed Online Auctions’ refers to auctions that occur wholly online allowing a bidder to place their bid at a time that suits them. Time Online Auctions will begin at a specified time and remain open for a set number of days.
2.1.1 Auctionsite.com accept no responsibility or liability for persons attending the auctionsite.com at any time before, during or after the auction. Visitors to the auction site do so at their own risk. The Auctioneer or any persons connected with the Auctioneer take no responsibility for injury sustained to visitors to the site or any damage to or loss of property incurred.
2.2 The auctionsite.com site is open only to persons over the age of 18 years old.
2.3 All visitors to the inspection site must wear enclosed footwear at all times.
3.1 The highest Bidder for each Lot shall be the Buyer, subject to set reserve price.
3.2 The entry into the record book of the Buyer’s name is a binding contract between Auctioneer and the Buyer and Buyer and the Seller.
3.3 Any disputes arising around the bid shall be resolved by the determination of the Auctioneer. Disputes must be raised immediately after the sale or shall be null and void.
AUCTIONEER AND SELLERS RIGHTS
The Auctioneer and the Seller my exercise the following rights without providing a reason;
a) to hold any Lot or part of any Lot described in the catalogue not for sale;
b) to offer as one lot, two or more lots described in the catalogue as individual lots;
c) to remove any Lot or Lots from the list for sale;
d) to refuse a bid or bids from any bidder;
e) not to reveal the amount of any reserve price of a Lot before close of bidding or removal from the lists of the Lot;
4.1 The Buyer is required to take delivery and make full payment of a sale regardless of any defect or fault in the Lot.
4.2 The Buyer is required to take delivery and make full payment of a sale regardless of any incorrect description of the Lot in the catalogue or elsewhere.
4.3 No warranties are made by The Auctioneer or the Seller either express or implied or verbal, other than those implied by Common Law or Statute, such that would constitute an offence by the Auctioneer or the Seller.
4.4 Compensation for any fault or defect in the Lot, including missing parts, amounts or incorrect description in the catalogue will not be paid by The Auctioneer or Seller.
4.6 Bidders are responsible for making their own inspection of the Lot prior to Bidding to ascertain the accuracy of a Lot description, the nature of the Lot and its quality.
5.1 Once the bids have closed and a Buyer has been determined by the Auctioneer, the Auctioneer and Seller are not accountable for the condition of the Lot thereafter.
6.1 The Buyer will collect the Lot at their own cost within the time dictated by the Auctioneer, or before 4pm or after one business day following the conclusion of the sale.
Lots not removed after 5 business days will be charged a storage fee of $50 per day (plus GST), after which may be removed by any persons determined by the Auctioneer, the charges of which will be incurred by the Buyer.
6.2 The Buyer does not have permission to remove a Lot while the auction is in progress.
6.3 The Buyer takes full responsibility for all costs and potential risks in the removal of a Lot and is fully responsible for for any impairment to property or injury to persons caused by themselves, their agents or employees that is a result of removal of the Lot.
6.4 In the event of gas or electrical services are required to be disconnected from of Plant or Equipment during the removal of a Lot, this disconnection MUST be performed by a qualified and registered tradesperson.
7.1 The Buyer shall complete payment of the full purchase price immediately after the sale is completed including any applicable sales tax, any other government tax and/or any applicable Buyer’s Premium.
7.2 The purchase price and any part thereof, shall be paid by cash, credit card (Visa and Mastercard only), direct deposit or bank cheque, subject to clearance. Goods can only be collected after bank cheque has cleared in full and funds are in The Auctioneers bank account.
7.3 Prior to full payment being made, the Auctioneer and Seller may disallow access to the Lot.
7.4 Title to the Lot shall be withheld until all payments are cleared in full by the Auctioneer’s bank.
7.5 Credit card payments will incur a fee of 1.25% plus GST.
7.6 Payment in full, not received within 48 hours will be followed up by the auctioneers nominated debt collection agency at the Buyers’ expense.
8.1 If the Buyer fails to comply with any of the above terms the deposit or any monies paid shall be forfeited, without notice to the Buyer, to the Auctioneer and the Lot in respect of which the default has been made may be resold by public or private sale or disposed of if no longer of commercial value.
8.2 The defaulting Buyer shall pay all the expenses arising from the default including the cost of any removal, warehousing, advertising, commission and resale of the Lot. This amount may be recovered by the Auctioneer or Seller as a debt due and payable by the Buyer.
8.3 If the price obtained on the resale is lower than the price obtained at the original sale, the difference in price may be recovered by the Auctioneer or Seller as a debt due and payable by the Buyer.
8.4 Without limiting the generality of the foregoing the Auctioneer is entitled to recover from the Buyer;
a) a sum for expenses and charges incurred by the Auctioneer in connection with or incidental to the auction and in respect of any resale;
b) the amount of any applicable commission or Buyer’s Premium;
c) any applicable sales tax or any other government tax or fee relating to or arising from the sale of the Lot or part thereof.
d) Any costs incurred by the auctioneer relating to debt collection.
9.1 The Buyer is responsible for adhering to Legislation and ensuring that a safe work environment is maintained, and persons operating plant in a workplace are protected from hazards.
9.2 All Plant and Equipment purchased become the sole responsibility of the Buyer when in use at any location and it is the responsibility of the Buyer to inform themselves of their legal obligations in maintaining a safe working environment.
9.3 Unless stated, otherwise the plant sold at this auction has not been inspected or assessed by a competent person and it may or may not be affected by faults or defects, which may make it unsafe for use. It is the responsibility of the Buyer to ensure assessment and inspection by a competent person.
9.4 The Buyer is warned that the items not previously assessed or inspected by a competent person may be suitable for scrap or spare parts only.
9.5 The Legislation requires that owners of plant maintain health and safety records and information. The Auctioneer will make available all information made available to them by the owner to the Buyer, but the Auctioneer does not warrant that the information and records are complete. The Buyer is fully responsible to be cognizant of all relevant information and records.
10.1 All sales of computer equipment sold through this auction is considered to be the sale of Computer Hardware only, unless specifically stated.
10.2 Any Software that is included in the sale of any computer equipment may be the subject of a Software Licence Agreement, a copy of which may be obtained from the computer manufacturer or the Seller.
10.3 The Buyer acknowledges that any use of the Software may be a breach of the Software licence agreement, whereby the Software is incapable of being assigned with the Computer Hardware.
10.4 The Buyer acknowledges that if the Software is capable of being assigned with the Computer Hardware, they are bound by terms and conditions of the Software licence agreement and that such conditions may restrict the use of the Software.
11.1 Failure to provide this site with information that is correct and complete is a breach of the condition of using our site/ services and may result in your account being suspended.
11.2 The Bidder is wholly responsible for the security of their log in details (user name and password). The Auctioneer will act on the assumption that bids placed by a bidders account have been authorised by the bidder. You will be held fully liable for all bids made using your details regardless of unauthorised use, or access.
11.3 Once a bid is placed by Bidder, it cannot be withdrawn.
11.4 Once a maximum bid has been set, it cannot be reduced or withdrawn.
11.5 The Auctioneer reserves the right to suspend a bidders account for any reason including: information provided by the bidder being untrue, inaccurate or incomplete non-payments; or the bidder has engaged in any form of bid manipulation.
12.1 Auctions may by concluded before the stated time for any reason at the discretion of the Auctioneer.
12.2 Where two equivalent amount bids are placed, the earliest placed bid will take priority.
12.3 Timed Online Auctions are subject to extended bidding (also known as bid extension). Any bids placed within the nominated amount of time prior to the scheduled auction close time will extend the auction close time by a predetermined amount of time.
12.4 The Auctioneer will not be held accountable for any bids not processed, accepted or received due to technical difficulties which may include but are not limited to: internet provider disruption, signal strength, incorrect login details, or website server issues.
12.5 The Auctioneer shall deal with and technical difficulties that hinder the process of the Auction as he deems fit. This may include extending the auction, re-opening the auction for a period of specific amount of time or cancelling the auction entirely.
12.6 The Auctioneer nor the Seller will be held responsible or liable for any financial or other losses or damages incurred by technical difficulties relating to the website or online transactions.