BETWEEN: Paynes Auto and Farm Service Pty Ltd T/A John Payne
Ag (ABN 99 007 693 638) and the buyer
John Payne Ag believes that the following terms and conditions are vital to
the successful operation of the Web Site Application and the high quality
maintenance thereof for the benefit of all users.
The Buyer acknowledges that he / she accepts these Terms and Conditions by
registering to Bid on the Web Site and furthermore that John Payne Ag at its
sole discretion may terminate the Buyer's account and seek other remedies as
provided by law should the Buyer fail to comply with the Terms and Conditions.
Only Buyers over the age of 18 years are permitted to register and bid on
the Web Site. By registering the Buyer acknowledges that he / she is over 18
years of age and that he / she will be solely responsible for his / her use of
the Web Site and may be treated as an adult by law for any infringement to
these terms and conditions.
The Buyer acknowledges and agrees;
1. The highest approved bidder shall be the purchaser, subject to
the Vendor's approval and the reserve price, if any.
2. The Auctioneer may at his discretion refuse to accept any bid
from any person, and no bid, if accepted, shall be retracted without the
consent of the Auctioneer. No Bidder shall advance a less sum or percentage at
bidding than the Auctioneer is willing to accept.
3. A Bid shall be deemed to be accepted unless the Auctioneer
forthwith after it has been made declares his non-acceptance or dissent.
4. If any dispute or difference shall arise as to the highest
Bidder the Auctioneer may re-open the bidding and resubmit the item commencing
with the highest amount previously bid for the same, or he may decide on the
highest bidder. In such other manner as he in his absolute discretion shall
deem fit, and his discretion shall be final.
5. The Auctioneer reserves the right to bid for and on behalf of
the Vendor.
6. All items purchased on this site become the responsibility of
the successful bidder on the fall of the hammer.
7. The terms for the auctions will be detailed on settlement.
Funds will need to be paid at the end of the auction as follows. 10% deposit
payable to John Payne Ag within 24 hours of us notifying you as the successful
bidder. With settlement to be completed within 10 working days unless
previously arranged. Electronic
Transfer, is an acceptable payment method, along with Credit Card, or other
financier. However all goods remain the property of John Payne Ag or the vendor
until the finances are completely settled and cleared.
8. All items sold on this on line auction site are sold on an as
is where is basis and no warranties are given or implied unless stipulated in
the individual item description.
9. Auction will be conducted on a GST exclusive basis, which
means that GST will be added to the bid price, where GST is applicable.
10. To register with John Payne Ag using a true name and address
and a valid email address.
11. That John Payne Ag owns the Intellectual Property Rights in
the Application used for the provision of services and owns the Intellectual
Property Rights in any databases created from the provision of services.
12. Not to use the Web Site for any fraudulent or illegal purpose.
13. Not to spam other users on the Web Site.
14. When bidding and or purchasing an item from the Web Site, that
detail provided on the Web Site is intended as a guide ONLY and further
acknowledges that he / she accepts the responsibility of evaluating items prior
to bidding.
15. To conclude the purchase upon receiving notification from John
Payne Ag that he / she is the highest bidder by submitting payment as directed
by John Payne Ag by one of the options nominated.
16. That whilst John Payne Ag will use its best endeavours to
enforce its terms and conditions over the Seller of goods listed, John Payne Ag
serves only as an auctioneer for the Seller under the Property Agents and Motor
Dealers act 2000 and furthermore John Payne Ag is not under any liability to
the Buyer in respect of any loss or damage (including consequential loss or
damage) which may be suffered or incurred or which may arise directly or
indirectly in respect of services supplied via the Web Site.
17. That delivery of the goods purchased will be undertaken only
once full and final payment of all cleared funds for the said goods has been
deposited into John Payne Ag trust account and furthermore the Buyer
acknowledges that once cleared funds have been received by John Payne Ag the
burden of ownership rests solely with the Buyer.
18. That the Buyer is responsible for any delivery costs associated
to the purchase.
19. Failure by John Payne Ag to enforce the terms of this
Agreement at any time does not amount to a waiver of John Payne Ag’s rights
under these Terms and Conditions.
20. That the Terms and Conditions are governed by and construed
according to the laws of Australia.
21. That if the Buyer is a company or trust the person registering
on its behalf warrants that he or she is authorised and indemnifies John Payne
Ag in respect of any breach or default by the Buyer herein.
22. That when purchasing an item from the categories within the
John Payne Ag Web Site the Buyer will:
a. Upon receiving notification from John Payne Ag that he / she
is the highest bidder, pay a deposit equal to 10% of the winning bid amount to
John Payne Ag's trust account within the prescribed period of time or as
directed by John Payne Ag.
b. Be granted a maximum period of ten days from close of auction
to ascertain and report back to John Payne Ag if the item is deemed to be
different to its description on the Web Site or if its condition is deemed to
be unsatisfactory. The Buyer will not have any avenue for recourse after this
ten day period.
c. Finalise payment as directed by John Payne Ag; OR alternately
withdraw his / her bid due to reasons described in and compliant with clause 22(b),
by contacting the Auction Administrator in writing at which time any deposit
paid will be refunded.
d. Acknowledge that every effort in accordance with the Haz-Check
machine safety system. That all machines are sold in the safest and best
operational condition and are to be operated and used for the purposes ONLY that they were designed. And
further acknowledges that he / she will indemnify John Payne Ag from any
claims, legal proceedings or litigation arising from any incident arising in
connection with the use of the items purchased.
e. Organise delivery or freight from a company of their choice
within the period of time specified by John Payne Ag and furthermore accept the
responsibility of insuring the goods through loading and transit and at all
times indemnify and keep indemnified John Payne Ag or their agents or employees
or any other associated company against any liability in relation to accidental
damage or injury incurred in relation to the relocating of any goods purchased
on the Web Site.
f. When purchasing vehicles through John Payne Ag that require
transfer of prescribed forms as required by the Property Agents and Motor
Dealers Act, the Buyer acknowledges and accepts that these forms will be
supplied via electronic means.
23. Registered Buyers acknowledge that they have expressly given
permission to John Payne Ag employers and staff to make contact either by
follow up telephone call, fax, e-mail, or private mail in order to keep them
informed on the item they have viewed or similar type equipment that they
believe the Buyer would be advantaged in knowing was for sale.
24. From time to time items on the what offers section of John
Payne Ag web site may have been withdrawn with out prior knowledge to the staff
of John Payne Ag while every care is taken to provide accurate information on
this site, in the event a customer has withdrawn an item from sale every effort
will be made to assist the customer to locate a similar item however no promise
or guarantee will be made by Employers or Employees of John Payne Ag
25. Customers Buying or Selling items through the auction
acknowledge that all of the terms and conditions on this site are relevant in
any instance including purchasing an item by way of Auction or Sale by
Negotiation.
OCCUPATIONAL HEALTH & SAFETY ACT
The Occupational Health & Safety Act 1985 and Regulations, impose
obligations inrespect of safety for workers arising out of the DESIGN,
MANUFACTURE AND SUPPLY of plant for use in the workplace. The auctioneer warns
buyers THAT NO PLANT OR EQUIPMENT OFFERED FOR SALE AT THIS AUCTION IS FIT FOR
USE IN THE WORKPLACE AND IT IS THE RESPONSIBILITY OF THE BUYER to ensure that
it is brought to a standard necessary to comply with the Occupational Health
& Safety Act 1985. Buyers are warned that breaches of the Act, incur very
large penalties. In the interest of the health and safety for workers, safety
inspections of plant and equipment purchased at auction are recommended to be
performed by authorized people or companies.
Definitions
"Auction" means an online auction or sale
organised and promoted by John Payne Ag through the Web Site;
"Buyer" means the person/s registered in the
customer database of John Payne Ag:
"Intellectual Property Rights" includes trade
marks, logos, service marks, trade names, business names, domain names,
copyrights, designs, patents, inventions, processes and other technical
know-how and other rights in industrial property;
"Items" means information on goods and their
prices displayed on the Web Site;
"John Payne Ag" means Paynes Auto and Farm
Service Pty Ltd ABN 99 007 693 638 or any of its associated companies or
entities;
"Services" means services provided by John Payne
Ag under the capacity of auctioneer as determined by the Property Agents and
Motor Dealers Act 2000;
"Web" means the world wide web being a method of
representing and obtaining graphical data and linking data items used by
Internet users; and
"Web Site" means the Web site of
johnpayneagauctions.com.au where the Application is provided and maintained by
John Payne Ag.
