| | Terms & Conditions | TERMS & CONDITIONS
General terms & Conditions for WWA Australia Online Auctions for Sellers and Buyers
Scope of Application.
These Terms and Conditions shall be deemed to form an integral part of the Buyers/Sellers Registration Forms and shall be binding on any person entering into an agreement thereon as well as on the company which such person is representing, and shall govern the proceedings of the Online auction conducted by World Wide Auctioneers Limited ("WWA") as well as the relationship between WWA and the Buyer/Seller during and after the Auction.
These Terms & Conditions shall apply equally to Buyers/Sellers participating in WWA Online Auctions irrespective of the geographical location of the user, the nationality of the legal business entity, and the applicable National, State or Local laws governing its operations. Any changes to these Terms & Conditions as may be requested by the Buyer/Seller will only be applicable if WWA receives such a request and provides its express consent to such a request in writing.
By registering to buy/bid or sell with WWA Online Auctions, the Buyer/Seller affirms its acceptance of these Terms & Conditions. WWA retains the right to amend these Terms & Conditions, at its sole discretion, at any time and such amendments will be posted to this website to become effective within 10 days following such posting.
For simplicity of presentation, certain Terms & Conditions have been listed as 'Buyer' or 'Seller'. All participants in WWA online Auctions warrant that hey have read, understood and are bound by both Buyer and Seller Terms and Conditions as far as they are applicable to either Buyer, Seller or both.
Registration.
Registration for both Buyers & Sellers is a prerequisite for participating in any WWA Online Auction. By completing the Registration, the Buyer/Seller affirms that:
– He is, or acts on behalf of a legal business entity.
– He is fully and duly authorized to act on behalf of such business entity.
– He warrants that all information supplied is true, accurate and complete.
– He accepts that WWA may, at its sole discretion, take any further action it deems necessary to confirm the accuracy of all information supplied.
– He is bound by the Terms and Conditions stated herein.
Exclusion and/or Rejection.
WWA retains the right to exclude or revoke the participation of any Buyer or Seller from its Online Auctions should it decide, at its sole discretion, that any Buyer or Seller has violated these terms and conditions.
Liability.
WWA acts solely as the operator of this market forum and is therefore not involved in the relationship between the participating parties, neither liable for omissions and violations of the participating parties, nor liable for omissions and violations of duties and obligations that the participating parties may have with respect to one another. This applies equally to any third party that the buyer or seller may wish to employ for his own convenience during his participation in WWA Online auctions.
WWA has security and verification processes which are in effect solely as a convenience for, and to minimize the risk to sellers and buyers. WWA shall not be liable for the credit worthiness of any buyer or seller.
From time to time, WWA may provide the Buyer with translations of a particular posting or detail. The Seller may also provide or procure translations used in its postings. WWA shall not be liable for any errors or omissions as a result of such translations.
As part of its service, for the convenience of Buyers and Sellers, WWA may show currency conversions for items offered for sale. All participants understand that this should be taken as a guideline only, verification of which is the responsibility of the Buyer/Seller. All bidding/purchase transactions of the Buyer shall be made and settled in Australian Dollars.
Governing Law.
Laws and regulations in force in Western Australia shall govern these Terms and Conditions and the relationship to WWA and the Buyer/Seller. Any dispute between WWA and the Buyer or Seller shall be finally resolved by either the courts of Western Australia or, at WWA's sole and absolute discretion, by the courts where the Buyer or the Seller is residing or where the Buyer or the Seller has assets.
Miscellaneous.
Sellers/Owners of items offered for Auction are not entitled to bid on their own Equipment and the Bidder/Buyer represents that he is not an Owner/Seller or an agent, employee or representative of the Owner/Seller of the Equipment on which he is bidding.
Participants in WWA Online Auctions, buyers or sellers, shall not fully nor partially assign any of their contractual relationship with WWA without the express, prior written consent of WWA.
Should any provision of these terms and conditions become wholly or partially invalid or unenforceable, then the remaining terms and conditions shall remain in effect as if such wholly or partially invalid or unenforceable provision did not exist.
Buyers Terms & Conditions
1 - These Terms and Conditions shall be deemed to form an integral part of the Buyers Registration Forms and shall be binding on any person who will sign thereon as well as on the company which such person is representing, and shall govern the proceedings of the Online auction conducted by World Wide Auctioneers Limited and WWA Australia Pty. Ltd. ("WWA") as well as the relationship between WWA and the Buyer during and after the Auction. By participating in any WWA Online Auction you are consenting to be bound by these Terms & conditions as well as by any other terms and conditions that may be imposed by WWA and/or the seller and announced in respect of any particular sale or item listed on WWA Online Auctions.
2 - The Buyer warrants that it is clear and understood that the Equipment is not owned by WWA but by other parties ("Sellers” or “Owners") and WWA in conducting the Auction and offering the Equipment for sale is acting as an agent of the Owners and accordingly all rights of WWA hereunder will be extended to the Owners. WWA shall, at its sole and absolute discretion, have the right to withdraw or cancel the sale of any of the Equipment.
3 - The Equipment is offered and sold on an "as is-where is" basis. The Bidder confirms that, prior to bidding, he has inspected and examined all the Equipment, and he is fully aware of the condition. The Buyer/bidder further confirms that in bidding on or purchasing the Equipment, he does not do so in reliance upon any guarantee, warranty, inspection report or representation by WWA or the Sellers/Owners whether explicit or implied and he acknowledges that all statutory warranties are hereby excluded to the fullest extent allowed by law. In particular, and without limitation to the generality of the foregoing, neither WWA nor the Owners warrant that any of the Equipment is:
a. fit for any purpose whatsoever.
b. of any particular market value.
c. of any particular year of production, origin, brand, model, make, or condition.
d. conforming with any standards or specifications regarding safety, pollution, hazardous material or any other standards.
4 - Without prejudice of any of the provisions of the preceding paragraph, the description of the Equipment given by WWA whether on the Online Auction Web-pages or elsewhere (written or verbal or photographic) is believed to be correct and has been obtained by WWA either from the Owners of the Equipment or from third parties. Such description is intended for guidance only without warranty or representation by WWA as to its accuracy or correctness, in the event that such description is incorrect or not accurate, the Bidder and/or the Purchaser shall have no claim against WWA or the Owners whether for invalidation of the sale or for compensation against damages of any kind or nature.
5 - The Auction is without reserve and therefore the items offered for sale at the Auction (the "Equipment") shall be sold, subject to the fulfillment of other conditions set out hereunder, to the highest Bidder ("The Purchaser") and no minimum price will limit the bidding. All bids are final and irrevocable and a Bidder cannot retract, revoke, cancel or otherwise invalidate his bid.
6 – By Bidding in any WWA Online Auction the Buyer/Bidder warrants that he is willing, able, authorized and legally bound to purchase an item upon which he is the successful bidder. The Buyer/Bidder further warrants that any bid that he makes on an item constitutes an irrevocable offer to buy that item for the full amount of the bid including all other costs and charges as detailed herein.
7 - In the event of dispute arising between Bidders in respect of bidding on Equipment, WWA may, in its sole discretion, either accept what it deems to be the winning bid from its own records or solicit further bids on the item in dispute. WWA's decision shall be final and binding on the parties in dispute.
8 - Once the highest bid is accepted by WWA and subject to the satisfactory fulfillment of the conditions set out hereunder, the sale of the Equipment shall be concluded and title to, ownership of and risk of the purchased Equipment shall be immediately transferred from the Owner to the Purchaser. WWA does not guarantee security services in relation to the Equipment or the Auction site and once the highest bid is accepted by WWA, the Purchaser shall be fully responsible for any damages and/or losses occurring to the Equipment. The Purchaser is advised to arrange for his own insurance covering all risks in the purchased Equipment once his bid is accepted by WWA.
9 - The sale of any Equipment to the purchaser is completed upon the Purchaser paying the full price of the entire invoice of all purchased Equipment in question to WWA as well as the fulfillment of any other conditions set out hereunder (herein defined as the "Transfer date"). In the event that the Purchaser does not pay the full price of the purchased equipment or does not fulfill any of the Purchaser's other obligations set out hereunder, WWA, shall be entitled to rescind the sale and retain any amounts already paid by the Purchaser on account of the purchased equipment. In which case the Purchaser shall not have any right to claim the ownership or possessions of the Equipment in question and the Purchaser shall be liable for compensating both WWA and the Owner for any damages or losses that any of them may suffer as a result of non-payment of the full price or non-fulfillment of the Purchaser's other obligations hereunder.
10 - All purchases will be made in Australian Dollars, exclusive of G.S.T for Australian buyers. G.S.T. will be added to the successful bid price of each item sold. A Buyers Premium of 5 % (Five Percent) will apply to all Online Auction purchases and will be paid by the successful bidder in addition to the purchase price bid. For any items purchased for AUS$5,000 or less, an additional Buyer’s Premium of 3% will be added to the purchase price. A minimum Buyer’s Premium of $50 applies to any lot purchased. The Buyer’s Premium will be capped at a maximum $1,500 per lot, and $5,000 per bidder for any one auction the Bidder participates in.
11 - All payment by Bidders/Purchasers to WWA should be made in cash or by direct transfer (SWIFT 01) or by other means acceptable WWA at its sole discretion. All purchases must be paid in full within 10 working days from notification to the winning bidder.
12 - The Purchaser may, subject to the approval of WWA, decide for payment of their Auction purchases through confirmed irrevocable letter of credit from a prime international Bank or a bank approved by WWA. The terms of a letter of credit should be strictly as per the terms set out by WWA and communicated to Bidders/Purchasers in writing.
13 - Late payment shall be subject to an interest rate of 24% per annum or such other maximum rate allowed by law calculated from the due date of payment. The purchasers shall also compensate WWA for any other costs or expenses resulting from such delayed payment (including, without limitation, legal and other collection costs).
14 - In the event of non payment the Auctioneer has the right, without prejudice to any of his other rights under these terms & conditions, to claim and forfeit the deposit paid and/or any other purchasers assets currently held by him, and cancel all purchases.
15 - The Purchaser shall not be entitled to remove any of the Equipment that he purchased unless the price and all other taxes and duties have been paid by the purchaser along with the fulfillment of other obligations herein contained.
16 - The Purchaser undertakes to remove the purchased Equipment from the Auction site or the site the equipment is located on at the time of the successful bid date, within a period not exceeding 15 days from the date upon which he is confirmed as the successful bidder. Removal of purchased Equipment from the Auction site or sale site shall be at the Purchaser's sole risk and cost and the Purchaser undertakes to compensate, indemnify and hold WWA and Owners harmless against damages, losses, costs, expenses and third party claims that may result from the removal of the purchased Equipment by the Purchaser to his agents, officers, or representatives.
17 – The Purchaser further warrants that is aware of and solely liable to comply with all local, state and national laws concerning insurance for removal, transport and shipping of the purchased items. WWA is not liable for insurance of any kind whatsoever. Similarly, it is the purchaser’s sole responsibility to comply with any and all governmental safety and environmental standards in relation to removal, shipping, transport and utilization of purchased items.
18 - In the event of delay of removing the purchased Equipment, WWA shall charge the Purchaser a daily fee of AUS$25 (Twenty-Five Australian Dollars) per lot. WWA has the right to sell the Equipment not removed after 30 days from the date of notification to the successful bidder, in order to recover an amount equal to storage charges due to WWA, along with any cost(s) related to the storage, preparation for sale, or sale of the Equipment, including the associated Management Fees.
19 - Equipment sold in WWA's Online Auction will be located in one of our auction sites around the world, or at the site of the Owner/Seller, or at the port of loading or port of destination (as stated in the description of the item being sold), is sold “as -is-where-is”, at locations both inside and outside Free Trade Zones. Full details of the equipment location are provided for each item listed in our Online Auction. In relation to any purchased Equipment, the Purchaser shall be fully responsible for the clearance of all customs procedures and requirements and for payments of all custom dues, duties and levies at the Purchasers cost. The bid price on any lot excludes any and all other associated costs for which the purchaser may be liable; such as, but not limited to, import/export duties, local and state taxes, VAT, Sales tax and the like. All purchasers acknowledge that WWA is not the owner nor the importer/exporter of any item offered for sale.
20 - Shipping of purchased Equipment shall be the responsibility of the Purchaser at his own risk and cost. WWA may recommend certain shipping agencies and customs brokers but without assuming any liabilities regarding any act or omission of such shipping agencies.
21 - Documents related to purchased equipment, if any, shall be delivered to the Purchaser after the purchaser has paid to WWA all payments mentioned under these Terms and Conditions and has fulfilled all other conditions set out hereunder. No certificates of safety or origin shall be provided for the equipment.
22 - The Bidder or the Purchaser undertake to fully compensate, indemnify and hold both WWA and the Owner harmless against any losses, damages, costs and expenses that may result from the Bidder or the Purchaser registering at the Auction, bidding on or, purchasing the Equipment, and/or using or reselling the Equipment in any way whatsoever.
23 - The Bidder acknowledges that the Auction site is a potentially dangerous place. Heavy Equipment is being operated, potentially dangerous materials may be present, electric circuits may be live and other potential dangers may exist. Every person at the Auction site (and other areas where the property is located or displayed) shall be there on his own risk. No person shall have any claim against WWA, their agents, employee's, principals neither for any personal injury sustained or death nor for damages to or loss of property which may occur from any, cause whatsoever.
24 - These Terms and Conditions may not be amended without the prior written approval of WWA.
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