General Conditions of Business
As at 5 November 2020 – please note Buyer’s Premium is now 24% on all lots except motor vehicles $550 (inc gst)
These Conditions apply to all sales conducted and services provided by AHJO Pty Ltd trading as Abbeys Auctions, Abbeys Estate Services and Classic Moves (the Company) and any goods which are held by the Company for transport, valuation, storage or any other purposes.
Estimated Selling Range and descriptions
The company shall not be liable for any error, misstatement or omission in the description of a Lot in any Catalogue, unless the company (and its employees and agents) has engaged in misleading or deceptive conduct.
Warranties of Seller
The Seller warrants to the company and Buyer that:
- the lot is free from all liens, charges, encumbrances and third party claims including a claim by a spouse.
- the lot and any written provenance given by the Seller to the Company is authentic.
The Seller has notified the company in writing of:
- any material alterations to the Lot of which the Seller is aware
- any concerns expressed by third parties in relation to authenticity, provenance, origin, age, condition or quality of the Lot
- all information in the Seller’s possession as to the provenance and identification of the Lot and that the information is correct
- the Seller acknowledges that the company relies on any information provided by the Seller and the Seller agrees to indemnify and keep indemnified the company against all Claims arising out of or in connection with this information.
If there is an Agreed Reserve:
- it may only be changed with the written consent of the company although the company may at its own discretion consent to an oral request for a reduction (but not an increase)
- only the Auctioneer may place a bid on behalf of the Seller,
- neither the Seller nor any person on the Sellers behalf may bid on the lot,
- if the Auctioneer is of the opinion that the Seller or a person on the Seller’s behalf may have bid on the Lot, the Auctioneer may knock down the Lot to the Seller without observing the Agreed Reserve and the Seller shall pay the company the Premium in addition to the Seller’s Commission and Expenses.
If a Seller purports to place a reserve on a Lot but that reserve is not an Agreed Reserve, the company will sell the Lot without reserve unless the Seller withdraws the Lot from the Sale.
If there is no Agreed Reserve, the company shall not be liable if the Sale Price of the Lot is less than the Estimated Selling Range.
The company’s own insurance will subsist until payment is made by the Buyer or, in the case of unsold Lots, until the expiry of 7 days after notice from the company requiring the Seller to collect the unsold Lot.
The company advises all Buyers to arrange for their own insurance cover for purchased Lots effective from the fall of the Auctioneer’s hammer to protect their interests as the company cannot warrant that the Seller has insured it’s interests in the Lots or that the company’s insurance cover will extend to all risks.
Payment to Seller
The company is only liable to the Seller for payment of the Sale Proceeds if the Purchase Price has been received in cleared funds by the company.
If the full Purchase Price has been received in cleared funds by the company within 2 days of the date of the Sale, the company shall pay the Sale Proceeds to the Seller not later than 30 days after the date of the Sale. Unless an alternative method of payment shall have been agreed in writing with the Seller, payment shall be made by sending to the Seller a cheque by post at the Seller’s risk.
If the company rescinds a Sale because the Lot is proved to it’s reasonable satisfaction to be a Forgery and the company has accounted to the Seller for the Sale Proceeds, the Seller must immediately refund the Sale Proceeds to the Company, which will then refund the Purchase Price to the Buyer and make the Lot available to the Seller for collection.
A lotting/listing fee of $9 inc. GST will be charged each time a lot is listed for sale.
A commission of 20% inc. GST applies to all lots sold.
A seller may only withdraw a Lot from sale by written notice signed by the Seller.
If a seller withdraws a Lot from sale after the date upon which the company advertises or catalogues the Lot for auction but before the Lot has been put on view, the Seller shall pay to the company the Expenses plus a withdrawal fee equal to 22% inclusive of GST of the higher of:
- the average of the Estimated Selling Range high and low estimates, or
- the Agreed Reserve
If a Seller withdraws a Lot from Sale after the date upon which the Lot has been put on view at the sale venue or in the Company’s premises up to and including 28 days after the Sale, the Seller shall pay the company the Expenses plus a withdrawal fee equal to 44% inclusive of GST of the higher of:
- the average of the Estimated Selling Range high and low estimates, or
- the Agreed Reserve
If the Seller purports to change the Agreed Reserve at any time without the consent of the company, the Seller shall be deemed to have withdrawn the Lot from sale.
If a Lot is unsold at the Sale, the company is authorised by the Seller as the Seller’s sole agent to sell the Lot by private treaty or by auction for a price that is not less than the Agreed Reserve at any time within 28 days after the Sale, provided that:
- if the highest offer for an unsold Lot is referred to the Seller then the Seller may accept that offer, and
- if the maker of the offer wishes to withdraw the offer then they must do so in writing prior to the communication to them by the company of the Seller’s acceptance of the offer.
All offers to purchase unsold lots made within two working days of an auction of that lot will be subject to all Auction terms and conditions.
The Auctioneer may knock down a Lot to the person who, at his or her absolute discretion, he or she believes is the highest bidder acceptable to the company, subject to any Agreed Reserve. Any dispute may be determined by the Auctioneer at his or her absolute discretion and the decision of the Auctioneer shall be final. Every bidder shall be deemed to act as principal unless prior to the commencement of the Sale there is a written acceptance by the company that the bidder is acting on behalf of a third party and that the bidder is not personally liable.
In addition to the hammer price, the buyer agrees to pay Abbey’s Auctions the buyers premium together with any applicable taxes in the place of sale.
The buyer’s premium is 24% of the hammer price GST inclusive. A different buyer’s premium may apply to some lots, which will be individually specified in the lot description.
Buyers to satisfy themselves
Lots are sold on an “as is” basis and it is the responsibility of prospective Buyers to examine a Lot prior to the Sale and to satisfy themselves as to the condition of the Lot and that the Lot matches any written or oral description provided by the Seller or the company.
If a Lot is proved to the reasonable satisfaction of the company to be a Forgery then the company may rescind the Sale as agent of the Seller in which case the Seller shall refund the Sale Proceeds to the company, which will refund the Purchase Price to the Buyer and make the Lot available to the Seller for collection provided that:
- the Buyer provides written notice to the company within 14 days of the auction date of the Forgery allegations
- the Buyer produces evidence from two independent experts who both agree that the Lot is a Forgery, however, the company reserves the right to request further expert evidence if, in it’s sole discretion, it is not satisfied with the findings by the expert
- the Buyer returns the Lot to the company in the same condition as it was at the date of the Sale
Contract of Sale
Subject to the company’s discretion, on the acceptance of a bid by the fall of the Auctioneer’s hammer a contract of sale is made between the Seller and Buyer. The company is not a party to the contract of sale and shall not be liable for any breach of that contract by either the Seller or the Buyer.
Internet bidding terms and conditions
Supplementary conditions for Online Bidders at our online bidding site are listed below:
Intending bidders need to be aware of the information about the Auction available from this web site, including auction times, product catalogue, Buyers premium, any other charges and times for inspection and collection of goods.
A bidder number system applies at Abbeys Auctions. All intending bidders are required to register prior to bidding to obtain a bidder number. If you intend to bid online you must complete the Online Bidder Registration Form, which is available after acceptance of the terms and conditions. After registration you will receive an Online Bidder Number (Paddle number) confirmation and a password via email.
BUYERS PREMIUM AND OTHER CHARGES
In addition to the hammer price, the buyer agrees to pay Abbeys Auctions the Buyers Premium together with any applicable taxes in the place of sale. The Buyer’s Premium charge is applied to the hammer price after bidding concludes. The Buyer’s Premium amount is specified in the Terms and Conditions and in the auction information. Other charges may also apply depending on your circumstances (eg: Packing and Postage, Delivery or Storage of uncollected goods).
All items are sold AS IS therefore viewing and prior inspection is highly reccommended. Additional photographs, video viewing and condition reports are available for those people who cannot or do not wish to attend the auction room in person.
INTERNET SERVICE DISRUPTIONS
Bidders should be aware that the Internet may at times exhibit slow downs and outages that are outside of the control of both Abbeys Auctions and Interbid and that at these times it may not be possible to bid over the Internet at an auction. Bidders are advised to place bids as early as possible and to use the bid stack to place a limit in advance of the auction of a lot and have the system bid for you.
The Auctioneers decision is final and there will be no negotiation after the fall of the hammer. The auctioneer has total discretion in choosing to accept a bid from the Internet or from the floor and may, without giving any reason, refuse to accept the bidding of any person or persons.
TRANSFER OF OWNERSHIP
Goods become the responsibility of the purchaser after the fall of the hammer, however cannot be removed until payment is made. Internet bidders are required to contact our office to process payment and provide instructions for collection, storage or delivery as soon as possible after winning bids at auction. Purchases must be completed and goods removed within two working days of sale.
Internet bidders can have various levels of purchase limit, these limit how much you can buy at an auction. You can check your purchase limit by logging in to an auction. There are three levels of purchase limit,
Standard: up to $2,000
Verified: up to $5,000
Privileged: up to $10,000
The standard purchase limit is $2,000, if you think you need a higher limit you should contact Abbeys Auctions no later than 24 hours before the auction.
This site is governed by the laws of the State of Victoria, Australia.
By accepting these terms and conditions and bidding online you warrant that you are at least 18 years of age and able to enter a legally binding contract, that you will be financially responsible for your use of the Interbid auction system and that you will be responsible for any usage by minors or any other party of these auction services under your name or account. So please guard your password like you would a pin number on a bank account and do not leave your computer unattended while logged into the system. By accepting these terms and conditions you give permission to Abbeys Auctions to use the supplied address and other details for verification purposes and to contact you regarding upcoming auction activity.
Payment by Buyer
At the time that a prospective Buyer registers to bid he or she must give the company his or her name and address and, if requested by the company, banking or other suitable references or identification and an acknowledgement that they have read and agreed to be bound by these conditions.
The Purchase Price must be paid to the company not later than 4.00pm on the first business day after the Sale unless otherwise stated in Catalogue.
Full payment for all Lots must be made to the company by cash, electronic funds transfer, or approved credit card. Where the Buyer wishes to pay by bank transfer, bank cheque, personal or company cheque, and the company has agreed that the Buyer may do so, a Lot will not be released until the cheque or trnasfer has cleared.
Collection of Purchases
All Lots must be paid for and collected by the first business day after the Sale unless otherwise stated in the Catalogue. The Buyer shall be responsible for any removal, storage, or other charges for any Lots after this day.
Non-payment or failure to collect
If the Purchase Price in respect of a Lot is not paid for in full the company may, after a period of one week (during which time the company will attempt to contact the Buyer), and in it’s absolute discretion and without prejudice to any other rights or remedies it may have, exercise one or more of the following remedies:
- Re-sell the Lot without reserve by auction, private treaty or any other means provided that a notice is given to the Buyer who agrees not to challenge the resale price achieved in respect to the Lot,
- Remove, store and further insure the Lot at the expense of the Buyer,
- Charge interest on the Purchase Price at the rate of 3% per month or part thereof from the date upon which the Purchase Price becomes payable until the full Purchase Price has been received by the company from a resale,
- Retain any Lot sold to the Buyer at the same or any other auction until payment of the Purchase Price by the Buyer,
- Apply the proceeds of the Sale of any Lot then due or at any time thereafter becoming due to the Buyer in payment or part payment of the Purchase Price,
- Exercise a lien on or exercise a power of sale over any other property of the Buyer in the power, possession or control of the company,
- Rescind the Sale of that Lot or any other Lot sold by the Seller to the Buyer at the same time or any other auction sale,
- Repossess any goods comprising any Lot in respect of which payment is overdue and thereafter resell the same, and for this purpose the Buyer hereby grants an irrevocable license to the company to enter upon all or any of the Buyer’s premises (with or without vehicles) during normal business hours, without prejudice to any other rights of the company,issue legal proceedings against the Buyer
- Reject a bid from the Buyer at any future auction sale or require the Buyer to pay a deposit before any bid is accepted by the company at any future Sale.
If the Lot is not collected, the company may, after a period of two days (during which time the company will attempt to contact the Buyer), and in it’s absolute discretion and without prejudice to any other rights or remedies it may have, exercise one or more of the following remedies:
- Remove, store and further insure the Lot at the expense of the Buyer,
- Rescind the Sale of that Lot or any other Lot sold by the Seller to the Buyer at the same or any other auction sale,
The Buyer shall pay all reasonable legal and other costs reasonably incurred by the company or the Seller (whether or not Court proceedings shall have been issued) as a result of the Buyer’s non-payment for and/ or failure to collect a Lot, on a full indemnity basis, together with interest thereon at the rate specified above (3% per month) from the date upon which the Buyer shall have become liable to pay costs.
Absentee or commission bids
The company is prepared to execute telephone bids on behalf of prospective Buyers who are not at the auction at no charge on the condition that the prospective Buyer acknowledges that taking instructions by telephone in the course of an auction has inherent risks (such as miscommunication, misunderstanding or other problems caused by a telecommunications fault or failure including a mobile telephone connection falling out).
The company shall not be responsible for any errors or omissions in connection with the execution of absentee or telephone bids. All telephone bids will start at the lowest estimate given in the catalogue. If we are unable to contact you, we will place one bid on your behalf at the lowest estimated amount printed in our catalogue for each lot you have specified.
In proving service by delivery
- by hand, it shall be necessary only to produce a receipt for the communication, signed by or on behalf of the recipient,
- by facsimile, it shall be necessary only to produce the confirmatory transmission report,
- 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
- by email, it shall be necessary only to prove that the communication was sent to the correct email address.
Electrical Goods – Buyers
All electrical items must be tested on the premises before removal.
Electrical Goods – Sellers
All electrical items must be in good working order, if faulty a surcharge of 10% will be levied for handling and disposal of faulty goods.
Electrical Safety Act – 1998 Secondhand Danger
ELECTRICAL EQUIPMENT MAY BE FAULTY AND SHOULD BE INSPECTED AND TESTED BY A COMPETENT PERSON IN ACCORDANCE WITH AS/NZ 3760
MOTOR VEHICLES – LMCT 11384
NOT COVERED BY STATUTORY WARRANTY
Please inspect carefully and make your own enquiries as to the condition of motor vehicles. Vehicles to be sold at auction are without registration, roadworthy certificate or warranty.
- Vehicles sold at this auction are NOT covered by Statutory Warranty under section 54 of the Motor Car Traders Act 1986. The trader has no duty under the Motor Car Traders 1986 to repair or make good any defects after delivery. The trader may have obligations under other legislation.
- Vehicles NOT covered by the Statutory Warranty under section 54 of the Motor Car Traders Act 1986 are:
- Used cars which are more than 10 years old or, which have been driven 160,000 or more
- Commercial vehicles
- Cars bought at public auction
- Licensed Traders may offer a warranty on vehicles which are not covered by Statutory Warranty under section 54 of the Motor Car Traders Act.
- For most used cars, there is a 3 day cooling off period commencing on the day after signing the sale agreement. This reference to 3 days means 3 clear days not including Saturdays, Sundays or days that are wholly observed as Victorian public holidays. If a purchaser decides to cancel the sale agreement, the purchaser must notify the licenced trader in writing before the close of business on the third day. The licenced trader can withhold 1% of the purchase price or $100 whichever is the greater. The cooling off period applies to all used cars except commercial vehicles, used cars bought at public auction and vehicles sold to a body corporate.
ALCOHOL & LIQUOR PRODUCTS
Abbeys Auctions is licenced to auction Liquor products, licence no. 36155285
WARNING : Under the Liquor Reform Act 1998 it is an offence:
– To supply alcohol to a person under the age of 18 Years (Penalty Exceeds $17,000)
– For a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $700).