Global Equipment Solutions Online Auctions User Agreement
This website is owned and operated by ADN Group Management ATF ADN Solutions Trust trading as Global Equipment Solutions contract procurement & marketing services MDL23768, who will be referred to as "GES", "We", "Our" and "Us" in this Terms & Conditions. By using www.g-es.net and auctions.g-es.net (this "website") or otherwise using Our services, You agree to the Terms & Conditions.
The following terms and conditions govern the Service that we offer at our Sites “auctions.g-es.net” and “g-es.net” (“User Agreement”). It covers “Online Auction” sales and “Negotiated” sales. Please read these terms and conditions carefully. When you register with the Online Auction Service, you are deemed to have accepted, and will be bound by the User Agreement, as amended and varied by us from time to time.
1.1 Terms and conditions
a) The terms used throughout the User Agreement have the meaning given to them in clause 13.
b) The terms and conditions contained in the User Agreement set out what you must do and what you must not do when using the Service. It also sets out our obligations to you. If you breach any of these conditions, we may decide not to allow you to use the Service, or claim damages against you. However, we do not intend to act unreasonably. Please take time to read these terms and conditions and make sure you understand them. If you have any questions, please read our FAQ section. If you still have questions, please contact our administration team at firstname.lastname@example.org.
c) Goods purchased at online auction may not be returned when a physical inspection of the goods have been permitted. If you believe you have a valid reason to return an item to us then you must email us as at email@example.com within twenty four (24) hours of the auction conclusion with your full details, details of the item purchased and details of the reason for your proposed return. We may contact you to request further information or evidence to support your claim.
d) If we, acting reasonably, accept that you have valid grounds to return an item to us then we will email or present you with a returns form and require it completed and returned within 24 hours either electronically or in person. Within ten (10) business days of this being returned to us, we will respond with our acceptance or otherwise of the return. If you fail to follow this procedure and comply with this timeframe then you will be deemed to have waived your right to return such item or claim any refund.
1.2 Use of the service
a) The Service is provided to you personally. When using the Service, you must not re-sell access to the Service to another person or make commercial use of the Service.
b) If a government department, government agency or law enforcement agency informs us that there is any information on a Site which is in contravention of, or may contravene, any law, industry code of practice, policy guideline or regulation, we can remove that information from the Site.
c) Without limiting any other remedies available to us, we may suspend or terminate your account if we reasonably suspect that you may have engaged in fraudulent activity in connection with the Site.
d) Goods supplied in connection with the Services must be fit for the purpose required by the user.
1.3 Obligation to maintain system integrity
a) You may not take any action that might interfere with the operation of the Service.
b) You must not use any device, software or instruction to interfere or attempt to interfere with the proper working of our Sites or any online auction or sale being conducted on or through a Site.
c) You must not take any action which imposes an unreasonable or disproportionately large burden on our infrastructure.
d) You must not disclose or share your password to or with any third parties or use your password for any unauthorised purpose.
e) You are solely responsible for your transmissions through the Service, and you must:
i. not forge communications or take any other action which would disguise the origin of the communications transmitted by you through the Service;
ii. not allow another person to transmit communications that falsely identifies your account as the origin of such a communication;
iii. not interfere with or disrupt networks connected to the Service;
iv. not use the Service for illegal purposes; and
v. comply with all regulations, policies and procedures of networks connected to the Service which either apply by operation of law or are referred to in a Site.
f) We reserve the right to determine whether or not your conduct is consistent with the User Agreement and what we believe is good practice for the Site. We may, in our sole discretion, immediately terminate your Account and use of the Service if your conduct is deemed by us to be inconsistent with the User Agreement or our standards of practice. However, in exercising our rights, we do not intend to act unreasonably.
2.1 Registering for use
a) You must register your details with us to use the Service (your “My Account”). Registration is free and does not oblige you to purchase anything.
b) You must not use false or misleading information when registering or using the Service. Your obligations to us won’t be reduced for any reason including (for example) where you use a false name. If your details have changed since you last used the Service, you must provide us with the updated details. We are not responsible for any loss or damage (including misdirected emails or deliveries) which may occur because you have not provided us with complete and accurate information.
c) When you register for the Service, you must choose your user name and password. You must have a valid user name (or “login”) and password before you can bid on or buy items on the Site. You are responsible for the security of your user name and password. We may assume that anyone using your user name and password is authorised by you. Unauthorised access and use of your details will, under no circumstances, reduce your liability in connection with using the Service. This includes your obligation to purchase an item which may result from use of your user name and password. You must notify us immediately if you become aware of any unauthorised use of your user name or password or of any other security breach.
d) We intend to send notifications to you by e-mail of:
i. the status of an online auction in which you are participating, such as ‘you have been outbid’ e-mails, or “you are the Winning Bidder” emails;
ii. the status of your delivery, if applicable;
iii. a copy of your invoice, if applicable;
iv. newsletters and other promotional events and offers, and
v. requests to participate in customer feedback.
e) However, we accept no liability for any loss or damage incurred if, for whatever reason, you do not receive such notifications.
f) We will use your personal data in accordance with our Privacy Statement. We will not sell your personal information to other mailing lists.
g) You may request that your Account be closed by emailing us a closure request, to firstname.lastname@example.org. In the case of an online auction you may not close your Account while you are the highest bidder on an online auction. When you are no longer the highest bidder, or when the auction closes, you may request that your Account be closed.
h) We will only close your account if:
i. any online auction at which you have bid has closed,
ii. you have all paid everything you owe us in cleared funds.
2.2 Eligibility to participate
a) You must be able to form legally binding contracts to use the Service. This means you must not use the Service if you:
i. are under 18 years of age;
ii. an undischarged bankrupt; or
iii. under any type of insolvency administration, where you are a company.
2.3 Registration process
a) In order to be eligible to make purchases using the Service, you must complete the registration process online.
2.4 Your information
a) “Your information” includes any information you provide us at any time, including when you register to use a Service.
b) You are solely responsible for Your Information. However, we may deal with Your Information if we deem it necessary or appropriate for example; if we believe Your Information may create any liability for us. In dealing with Your Information, we will always act reasonably.
c) You must ensure that your information:
i. is true, accurate and complete;
ii. is not false or misleading;
iii. does not infringe any other person’s rights (for example intellectual property rights) or privacy;
iv. is not contrary to any applicable law or industry code of practice;
v. is not defamatory, threatening or harassing;
vi. is not obscene or pornographic; and
vii. does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming instructions that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
d) You must not do or allow to be done anything involving the Service which:
i. may be contrary to any applicable law or industry code of practice, or
ii. is prohibited by the User Agreement.
3 Your rights and obligations
3.1 Online Auctions – Your obligations as bidder
a) When you use the Service to bid at an online auction, you are making an offer to buy the item at your bid price. If your bid price is the Winner’s Bid Amount, you will be the Winning Bidder and you must purchase the item you have bid for and pay the Winner’s Bid Amount, plus any additional charges that you may be obliged to pay.
b) Please take care when making a bid as once your bid is placed, it may not be withdrawn.
c) Please take care when setting a ‘Submit Bid’, as once your ‘Submit Bid’ is placed, it may not be withdrawn.
d) It is your responsibility to read the Auction Info and Catalogue Page relating to any item listed for auction on the Site. Please do not rely solely on the title, summary or any photographs of the item posted on the Site for a complete description of an item or its condition. You must not assume that the description or photograph of the item in any way offers an opinion or an assessment of the suitability of an item for your intended purpose. If a photograph is provided, please use it as a guide only. If any specific detail is important for your possible future use please seek written clarification of those details prior to submitting any bids.
e) Please make sure you understand the collection and payment terms, including any amendment to those terms and conditions as outlined in the item’s description or in the Auction Info and Lot Page. Usually a Buyer’s Premium, and other charges including a delivery fee, will apply to online auctions (please refer to clause 3.2 for examples of additional charges).
f) You must not engage in bid manipulation.
3.2 Online Auctions – Your obligation to pay
a) If you are the Winning Bidder in an online auction, you will be issued an invoice within 24 hours from end of auction and you must pay:
i. the Winners Bid Amount (including GST, if applicable); and
ii. the Buyers Premium (including GST, if applicable); and
iii. any other fees and charges specified in the Auction Info and Lot Page, and including but not limited to tax, delivery and insurance charges, (the “Invoice Amount”)
iv. due to us either by:
v. mastercard or visacard (processing fee applicable - 1.75% domestic cards and 2.25% international cards) via the link on the raised invoiced; or
vi. direct deposit to the nominated bank account on the raised invoice
viii. within 2 days of receipt of invoice
b) If you:
i. (i) refuse to pay or otherwise fail to complete the purchase of an item when you are the Winning Bidder (for example, if your credit card balance is insufficient to meet all money due);
ii. (ii) do not comply with the terms and conditions of the User Agreement we may, in our absolute discretion:
A. sue you for all money owing to us, including any Buyers Premium and lost income;
B. resell the item in any manner and on such conditions as we see fit without notice of resale to you and claim the net shortfall (between the Invoice Amount and the resale price received after deducting all expenses (as specified in (C)) (if any) from you; or
C. charge you a cancellation fee of $250.00 or 20% of the Invoice Amount (whichever is the greater) to cover cost of resale of the item, lost commission and Buyers Premium (if any), administration costs, restocking costs, additional costs including advertising, insurance, transportation, storage and any other reasonably incurred expenses incurred in reinstating us to the same position as if the item was sold to you
D. and in taking the steps in (A), (B) or (C), you authorize us to charge your credit card for any amount owing to us.
E. Notwithstanding that you have been notified that you are a Winning Bidder, we may in our sole discretion choose to withdraw and not proceed with completion of the sale of the item if:
i. you don’t pay the Invoice Amount into a bank account nominated by us within 3 days of the Winning Bidder placing the Winner’s Bid Amount; or
ii. we are unable to contact you for any reason.
F. If you fail to comply with any of these terms and conditions, any money which you paid to us on deposit on account of any purchases of an item may be forfeited to us. We may also sue you to recover the balance of the Invoice Amount and any other amounts owing to us under these terms and conditions. In exercising our power of forfeiture, we will not act unreasonably.
4 The Online Auction Process
a) You may bid:
i. by placing a through ‘Sumbit Bid’
b) If you bid at an online auction using ‘Submit Bid’, you are responsible for monitoring the online auction in which you are participating and acting in the auction by instructing ‘Submit Bid’ with your bids.
c) An online auction will start at the specified time and at the nominated minimum starting price.
d) All bids placed at an online auction:
i. must be made on a per-item basis; and
ii. may only be increased by multiples of the bid increment.
e) We set a minimum price for each item we auction at which the bidding must start.
f) We have discretion to close an online auction before the scheduled time. For example, we may close an online auction if:
i. there is or we suspect there may be, fraudulent or malicious bidding;
ii. there may be processing errors;
iii. there may be technological errors or Site failure; or
iv. we are not satisfied with proof of ownership or authority to sell of any good listed on the Site.
g) Bids will be ranked in the following order of precedence:
i. bid price;
ii. time bid received;
ii (1). For example, if two or more bids are for the same bid price, the earlier time will take precedence.
h) All bids placed on online auctions are made on a per-item basis and bid amounts may only be increased in multiples of the specified bid increment. While you are the current highest bidder on an online auction, you will not be permitted to lower your current bid with a new lower bid, nor will you be permitted to lower your bid quantity with a new bid. If you want to decrease your quantity, you must wait until your current highest bid is exceeded by another bidder.
4.2 Conclusion of online auction
a) The online auction closes at the end of the time period specified for that online auction where there are no new successful bids during extension period (varying per auction) immediately preceding the end of the time period specified. If there are any successful bids on a particular lot/item during the extension period (varying per auction) of the close of the online auction, the auction will continue to be extended until there are no more bids within the Extension Period. The Extension Period may vary from time to time by a number of seconds. We accept no responsibility for any circumstances or incidents arising as a result of any slight variations that may occur in the Extension Period.
b) When an online auction in which you have participated closes and you are the Winning Bidder, we intend to notify you by e-mail. This notice will include:
i. notification that you are the Winning Bidder and of the amount of your winning bid; and
ii. the lot number and description.
c) We provide this notice out of courtesy and as a reminder to you. You may not receive this email, however, you are solely responsible for monitoring the status of any online auction in which you participate and non-receipt of a Winning Bidder (or any other) email from us will not reduce or release you from your obligation to complete the sale and purchase the auction sale item.
d) When you place the winning bid at an online auction, we may charge the cost of your purchase and the cost of the applicable delivery fee, together with any other purchases you have made in accordance with clause 3.2.
e) If you are the Winning Bidder for an item at an online auction, you must complete the transaction and purchase that item.
f) You acknowledge that:
i. unless otherwise stated all prices are quoted in Australian dollars; and
ii. you must pay for goods and services, including delivery costs and other fees as outlined in clause 3.2, in Australian dollars, unless otherwise specified.
iii. in the event that any Lot is not sold at the auction to offer to sell the same immediately after the auction by private sale but otherwise subject to these Conditions.
4.3 Processing and technological errors
a) If there are errors in processing and/or Site downtime or any other errors or delays caused to the Site and/or Service as a result of technological difficulties associated with our servers, data hosting centre, internet service provider or any other reason, we may do all or any of the following:
i. at any time (prior to or after the original time set for conclusion of the online auction) extend an online auction for a period of time (determined at our discretion);
ii. decide (prior to or after the original time set for conclusion of the online auction) to re-open an online auction for a period of time – to be determined at our discretion;
iii. retract any Winning Bidder’s emails which may have been sent out to bidders prior to or following (as the case may be) the conclusion of an online auction;
iv. amend at any time prior to or during an online auction, the “start price” allocated to an item for sale online, but only so as to correct any errors due to processing or technological fault; and/or
v. cancel that entire online auction transaction and conduct the auction again.
4.4 Time – online auctions
a) When bidding on online auctions the time is always Australian Western Standard Time (AWST).
5.1 Return Policy
a) Global Equipment Solutions auctions are generally conducted on an ‘as is, where is’ basis and items may not be returned, including in circumstances where you have changed your mind or purchased the same or a similar item from Global Equipment Solutions or elsewhere.
b) You acknowledge and agree that when a Lot is described as being used, marked, damaged, faulty, or in a particular condition, you have no claim or recourse or right to return the Lot to us on the basis of such Lot actually having such marking, damage, fault or condition.
c) If you believe you have a valid reason to return an item to us then you must email us as at email@example.com within twenty four (24) hours of the auction conclusion with your full details, details of the item purchased and details of the reason for you proposed return. We may contact you to request further information or evidence to support your claim.
d) If we, acting reasonably, accept that you have valid grounds to return an item to us then we will email or present you with a returns form and require it completed and returned within twenty (24) hours either electronically or in person. Within ten (10) business days of this being returned to us, we will respond with our acceptance or otherwise of the return. If you fail to follow this procedure and comply with this timeframe then you will be deemed to have waived your right to return such item or claim any refund.
e) If the above procedures are followed by you then we will inspect the item once back in our possession to determine if it was damaged, faulty or materially incorrectly described as claimed, and if we agree with your claim then we will either repair or replace the item, or refund you the Invoice Amount, as we determine reasonable in the circumstances, or if we disagree with claim then the item will be returned to you and we will be entitled to recover our reasonable handling and delivery costs which you hereby authorise us to process against any credit card you have registered with us.
f) When items are returned to us all parts, manuals and original packaging must also be returned to us.
5.4 Reference to Retail Prices
a) In certain circumstances, an item for sale on the Site may display the manufacturer’s original retail price (ORP). Please be aware that this is not a reference to the current recommended retail price of the goods but rather a reference to the retail price supplied by the manufacturer, distributor or retailer of the item at the time of the item’s original sale. That price may not be current retail price as at the time of the sale. We take no responsibility for the display of ORPs on any item listed on the Site. You must satisfy yourself as to the value of the item being sold.
b) In certain circumstances, an item for sale on the Site may include reference to the manufacturer’s Recommended Retail Price (RRP). Usually if a RRP is included with a sale item, the RRP has been supplied by the Vendor of the item and we assume the Vendor believes the RRP is current at the time the item is placed on the Site for sale. We accept no responsibility for the accuracy or otherwise of any RRP included on any item listed for sale on a Site. We suggest users independently satisfy themselves as to the value of the item being sold.
5.5 Manufacturer’s liability
a) Subject to any rights you may have under any law, if an item is sold with an accompanying manufacturer’s warranty, we will take no responsibility for the content, fulfilment or enforcement of that manufacturer’s warranty. It is your responsibility to contact the relevant manufacturer in relation to all questions and claims relating to the manufacturer’s warranty.
b) To the extent permitted by law, we do not provide any representation or warranty in relation to any manufacturer’s warranty that accompanies this product. In particular, we do not represent that the manufacturer’s warranty is compliant with the Australian Consumer Law. Any rights that you may have in respect of the manufacturer’s warranty are against the manufacturer and not us.
6 Our rights
6.1 Suspension from use of service
a) We may refuse you the right to use the Service if you:
i. do not pay for the item and/or refuse delivery of the item;
ii. give information which is untrue, inaccurate or incomplete; or
iii. have engaged in any form of bid manipulation. In those circumstances you will be permanently suspended from the Service, including all associated secondary and re-registered membership accounts.
b) We may suspend, cancel or terminate your access to the Service and remove any bids if you breach or fail to observe the User Agreement or for any other reason at our discretion. However, we will not exercise our discretion unreasonably.
c. If we suspend your access to the Service, you may not register again.
6.2 False or Misleading Conduct
a) It is illegal to use a false name to use the Service or to buy items or make bids with an invalid or stolen credit card, even if our software initially accepts an order or bid. We intend to refer fraudulent users to the police and to your Internet Service Provider.
b) You may be sued for any losses suffered by any person arising out of any bid manipulation or illegal action.
6.3 Our rights upon breach by you
a) We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your registration Account (including on any of your current online auctions, and any other information you place on the Site) if you breach the User Agreement or if we are unable to verify or authenticate any information you provide to us.
6.4 Rights as agent and/or seller
a) We may withdraw and/or re-offer an item for sale at any time if the item:
i. becomes unavailable due to damage;
ii. in the case of auction items, has uncertain ownership, or is withdrawn by the manufacturer, distributor or Vendor;
iii. has been erroneously listed twice;
iv. is incorrectly described; or
v. is incorrectly priced.
b) We may set a minimum price at which a Lot will be sold (“Reserve Price”) and if the Reserve price is not met then we are under no obligation to sell the Lot as well as:
i. The Reserve Price will generally not be revealed to you.
ii. We reserve the right to remove or introduce a Reserve Price at any time.
iii. If you bid on a Lot and the Reserve Price is not met, then we may contact you to enter into further negotiations for the sale of the Lot.
c) We also reserve the right to change the:
i. quantities of products posted;
ii. maximum number of items which you may buy or bid for; or
iii. bid increment during an auction,
iv. for any of the above, at any time before the sale or online auction is completed. For example, we will make these changes where processing errors, technological errors or other errors result in loading of incorrect information.
7 Liability and indemnities
7.1 Our liability to you
a) In an online auction we are not responsible for bids not received, processed or accepted due to technical difficulties, including those online bids placed by ‘Submit Bid’. In particular, we are not responsible for any loss, liability or damage incurred by you as a result of a bid not received, processed or accepted due to technical difficulties.
b) We provide the Sites and the Service without any express or implied warranty or condition concerning the capacity or availability of the Sites or the Service.
c) Neither we nor our suppliers will be liable for any lost profits or any special, incidental or consequential damages (however arising, including negligence) arising out of or in connection with the delivery of the Service or the sale of any goods.
d) We do not guarantee continuous, uninterrupted or secure access to the Service. Operation of the Sites may be restricted by factors outside of our control or during maintenance.
e) You acknowledge that the internet can be an unstable and, sometimes, insecure environment. At times the Service may not be available and offers may not be processed or accepted.
f) We cannot guarantee that we will notice or be able to prevent any illegal or inappropriate use of the Site.
g) We cannot guarantee the preservation of any record, particularly after the provision of the Service to you has been suspended, cancelled or terminated and may delete information at our sole discretion and without notice to any person.
7.2 Limitation of our liability to you
a) In relation to the items sold, and subject to the Australian Consumer Law, we will endeavour to:
i. provide accurate descriptions to fairly reflect each item;
ii. pass clear title to the items to you; and
iii. ensure that each item listed on the Site is available.
b) You acknowledge that you are responsible for conducting a search of the Personal Property Securities Register (PPSR) maintained pursuant to the Personal Property Securities Act 2009 (Cth) (PPSA) to ascertain whether any security interests are recorded in relation to the Item.
c) You acknowledge that any information provided by Global Equipment Solutions in relation to any Items reflects the information provided to Global Equipment Solutions by the Seller, and, Global Equipment Solutions has not independently verified its completeness or accuracy. Global Equipment Solutions does not give any warranty as to the completeness or accuracy of any information provided to you about any sale of Items, including without limitation any information in relation to the distance travelled by a vehicle or its machine or engine hours and Global Equipment Solutions will not be liable for any loss, damage, cost or expense suffered or incurred by a buyer arising out of incorrect or incomplete information. You agree to independently verify any information which is important to your purchasing decision.
d) It is your responsibility to read the Auction Info and Catalogue Page relating to any item listed for auction on the Site. Please do not rely solely on the title, summary or any photographs of the item posted on the Site for a complete description of an item or its condition. You must not assume that the description or photograph of the item in any way offers an opinion or an assessment of the suitability of an item for your intended purpose. If a photograph is provided, please use it as a guide only. If any specific detail is import for your possible future use please seek written clarification of those details prior to submitting any bids.
e) The Seller represents and warrants to you and Global Equipment Solutions that the Item is not subject to a security interest of any kind including without limitation under the Personal Property Securities Act 2009 (Cth) (PPSA) (other than a security interest in favour of the Seller which will be released at or prior to the time title in the Item is intended to pass to you).
f) Neither the Seller nor Global Equipment Solutions will be liable for any loss, damage, cost or expense suffered or incurred by a buyer arising out of the sale and purchase of an Item.
g) You agree and acknowledge that no member of Global Equipment Solutions accepts any liability or responsibility to you or any third party arising from any indirect or consequential loss, damage or expense of any kind or nature and you release and forever discharge each member of Global Equipment Solutions from any such liabilities and any claims, demands or causes of action in respect thereof.
h) No member of Global Equipment Solutions accepts any responsibility for any interpretation which may be placed upon the information provided to you.
i) Any deficiency in the Items sold shall not vitiate the sale, but neither the Sellers nor Global Equipment Solutions shall be bound to deliver more than is in their possession.
j) To the extent permitted by law, all express or implied conditions or warranties in connection with the Service, the Sites and the sale of any goods are excluded.
k) We do not exclude liability under any guarantee, condition or warranty which cannot be excluded by law. For example, we do not exclude guarantees under the Australian Consumer Law that apply to goods we sell. However, to the fullest extent permissible by law, we expressly limit our liability for breach of a guarantee, condition or warranty implied by virtue of any law at our option:
(i). in the case of goods supplied to:
A. the replacement or repair of the goods;
B. the supply of equivalent goods; or
C. making a full refund to you.
(ii) in the case of services supplied to:
A. supply of the services again;
B. payment of the costs of having the services supplied again; or
a) You waive, release, discharge and relinquish any and all claims that you now have or may have against us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to the use of the Service.
b) You agree to indemnify and defend us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives (the Indemnified Parties) harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by the Indemnified Parties arising out of or in connection with the performance of their obligations as described in the User Agreement including the legal costs, fees and expenses of defending ourselves against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of your negligent act or omission on a full indemnity basis.
c) You further agree to indemnify and hold us, and the Indemnified Parties harmless from any claim or demand, including legal fees on a full indemnity basis), mad