Terms & Conditions
The Auctioneer
The Bidder / Buyer
In these conditions the words ‘Buyer’ or ‘Purchaser’ includes a person acting as agent for the Buyer or Purchaser. In these conditions the word ‘Bidder’ includes a person acting as agent for the Bidder.
All prospective bidders shall complete a Bidder’s Registration Form giving full contact details, including residential address, and obtain a Bidder’s Number prior to bidding. Proof of identity, to the satisfaction of the Auctioneer, may be required. Additionally, the bidder must:
- You must not provide false or misleading personal information.
- Endeavour to maintain your personal information is accurate at all times, updating your address and contact information as and where applicable.
- Undertake to keep your login details and password secret to avoid any unauthorised use of our service.
- Must be over 18 years of age.
When demanded by the Auctioneer, a cash deposit of 25%, or an amount determined by the Auctioneer, shall be paid by the purchaser or prospective purchaser.
The Bidder is deemed to be acting as principal. In the event that the Bidder is acting on behalf of a third party, written authority is required.
When purchasing online you are deemed the bidder and all bids are binding and you as the purchaser are bound by the same terms & conditions.
MAG reserves the right to disable your account at any time, and you may not register again.
If the reserve price has not been met at end of the auction (that is, an Unsuccessful Auction), the highest bidder below the reserve price will be contacted first and then any under bidders (at MAG’s discretion) to see if tey wish to make an offer. Making an offer after the auction; you are making an offer to buy the item at your offer price and pay any applicable additional fees and charges (buyer’s premium, GST etc.) Once your offer is placed and accepted by the vendor it cannot be withdraw.
The Contract
Subject to any reserve price, the highest bidder shall be the purchaser. In the event of a dispute arising, at the Auctioneer’s discretion, the lot shall be put up again and resold, the Auctioneer’s decision being final.
No bidder may retract their bid once it has been taken by the Auctioneer in both an online and/or a simulcast auction.
As soon as possible after the fall of the hammer, the Buyer and the Vendor authorise the Auctioneer to complete the sale record on their behalf, which, with these conditions, shall constitute the whole contract between the Vendor and Buyer to the exclusion of everything else.
A Buyers Premium (GST inclusive) is set in every auction and is clearly displayed in catalogue and applies to all lots sold and is based on and additional to the hammer price. The buyer also acknowledges that the Auctioneer may receive commission from the vendor.
GST (Goods and Services Tax): All lots are sold on a GST exclusive basis unless stated by the auctioneer. Lots entered by entities, that have identified themselves to the Auctioneer as being registered for GST will be in the catalogue. Any items that do not attract a GST status will be said as such in the catalogue.
All vehicles are sold as unregistered unless otherwise stated by the Auctioneer.
The purchaser shall be responsible to ensure that the plant or equipment complies with the requirements of the Workplace Health and Safety Act before it is used in the workplace.
If any dispute arises in relation to a Lot, the dispute is between you and the Vendor. You agree that MAG is in no way involved or party to any claim, action, tribunal or court proceeding in respect of that Lot and you indemnify MAG, on a full indemnity basis, from all liability, including all costs incurred by you in relation to such claim.
The Auctioneer’s Rights
The Auctioneer may refuse to accept any bid or bids, without having to state any reason or reasons, therefore.
The Auctioneer reserves the right to bid on behalf of the vendor with or without disclosure.
The Auctioneer reserves the right to withdraw a lot or lots from the sale at any time.
The Auctioneer reserves the right to bid on behalf of any prospective buyer with or without disclosure.
The Lots / Descriptions
All lots are open for inspection prior to the sale, and are sold with all faults, if any. No error or misdescription shall vitiate the sale and the purchaser is bound to take delivery of the goods without allowance or abatement in price. No condition or warranty, either expressed or implied, is given by the Auctioneer with any lot or lots offered.
In any simulcast auction environment all statements concerning any lot are subject to any statements modifying the same made by the Auctioneer from the rostrum prior to any bid being accepted for the lot.
In the event of a disagreement on the condition of a piece of machinery and that the vendor has been paid by the Auctioneer, the buyer agrees that the Auctioneer shall not be liable to make good any loss, monetary, or otherwise, that the Buyer has incurred, and may look to the vendor to make good any loss or expense.
It is agreed that the Buyer indemnifies the Auctioneer against any claim or legal action arising out of any acts of negligence, omission or misdescription by the Auctioneer or his agents.
Payment/Collection
All bids are in AUD (Australian Dollars) only.
All goods lie at the purchaser’s risk from the fall of the hammer. While the Auctioneer takes all due care, no liability is accepted for any deficiency, damage or loss which may arise thereafter.
Buyers must organise their own cartage and packing of purchases, where required. The buyer is wholly responsible for any damage to property, or injury to persons, which may occur during the removal or handling of any lot or lots purchased. This includes any damage or injury caused by the buyer’s agents or employees.
All lots are available for collection, under the supervision of the Auctioneer, on payment of the invoice. All goods must be paid for and collected by 4pm within 3 business days. Any goods not so removed will incur a storage charge of $50.00 per lot per day, plus handling fees, at the Auctioneer’s discretion.
Payment for goods is by EFT (Electronic Funds transfer for bank deposit), cash, credit card (processing fee applies), or EFTPOS before delivery. International buyers will need pay by bank transfer and contact our office for correct details, GST is payable by international buyers until a Bill of Lading has been provided to the accounts department and then GST will be refunded.
The Auctioneer reserves the right to withhold delivery of purchases pending receipt of cleared funds in the Auctioneer’s Trust Account. All lots purchased are to be paid for before delivery of any one or more lots.
In the event of non-compliance with any of the above terms and conditions, any monies paid by the purchaser shall be absolutely forfeited, and the goods may be resold, through auction or by any other means, without notification, at the risk and expense of the former purchaser. The purchaser shall be liable for any loss that may arise on such resale.
Ownership of a lot shall not pass to the Purchaser until the Auctioneer has clear title to the payment from the Purchaser.
Refund / Returns: Any lots purchased at auction may not be returned or refunded. There are no allowances, refunds or warranties that are offered with any lot whatsoever whether express or implied. All auctions held by MAG have an inspection day or can be inspected by appointment. There is no cooling off period.