Underground production drill, charge truck & Toyota Land Cruiser VDJ79R Active (#6071951)

You acknowledge and agree that Global Equipment Solutions – contract procurement & marketing services (GES) has been appointed by the Seller as an agent to facilitate the sale of the relevant Item(s), and that GES does not own or control such Item(s) offered for sale.

Account holders with outstanding invoices will have restricted access (bidding disabled) to their bidding account until all prior invoices have been settled in full.

All sales are final to the extent permitted by law. Item(s) are sold on an “as is, where is” basis to the highest bidder above the Reserve Price, unless otherwise stated. “As is, where is” means the item is sold in its current condition and location, with all faults, defects and risks, subject to any rights that cannot be excluded by law.

Bidders are responsible for inspecting each Lot and satisfying themselves as to its condition, description, suitability, location, collection requirements and associated costs before bidding. Buyers must not rely solely on photographs or descriptions (see clause 3.1(e)).

Many Item(s) listed for sale are used or second-hand Item(s), as specified in the Listing. The Listing may also describe Item(s) as being faulty or in a damaged condition or disclose other issues with respect to the Item(s) (e.g., damage, deficiencies, etc.). This means there may be pre-existing issues which may not be apparent to us or to the Seller.

If you are the Winning Bidder, additional fees and charges will be payable (a Buyer’s Premium and taxes and surcharges) in addition to the Winner’s Bid Amount.

If you are the Winning Bidder and you do not pay the full Invoice Amount (in cleared funds) on or before the Payment Due Date, you may be charged a late payment fee calculated at 1% of the Invoice Amount (excluding GST) or the highest rate permitted by law.

You acknowledge that GES may receive commission from a Seller as a result of a Sale, and that such commission will be calculated as a percentage of the Sale price of the relevant Item.

If you do not collect or take delivery of an Item you have purchased within specified timeframes, we may charge you storage fees, and/or to the extent permitted by applicable law, the Item may be considered abandoned, ownership may revert to the Seller, and the Item may be re-sold or disposed of.

Full Terms & Conditions

User Agreement

The User Agreement governs the Service that we offer at our Site; auctions.g-es.net and g-es.net, both of which are owned by GES.

Please read the User Agreement carefully.

By creating an Account or participating in any Sale facilitated via a Site, you acknowledge and agree that you have read, understood and will be bound by this User Agreement. If you do not agree to this User Agreement, you must immediately cease accessing or using the Services.
 

1 General

1.1 Terms and conditions 

(a) The terms used throughout the User Agreement have the meaning given to them in clause 15.

(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 auctions@g-es.net.

(c) Account holders with outstanding payments will have restricted access (bidding disabled) to their bidding account until all prior outstanding payments have been settled in full.

1.2 Update to User Agreement

(a) We may amend this User Agreement at any time (including to comply with applicable laws, to comply with a legitimate contractual obligation or for operational reasons when we change our systems and processes).

(b) We will take reasonable steps to bring any material changes to your attention such as by posting an updated version of the User Agreement on the Site and/or notifying you via our website or by email.

(c) Any updated version of the User Agreement will become effective immediately after being posted on the Site (Effective Date).

(d) Any amendments to the User Agreement will not apply to any Sales which have commenced or occurred (including, for the avoidance of doubt, any Auction or any Bids or Maximum Bids placed as part of an Auction) prior to the Effective Date.

(e) As you will be bound by any amendments to this User Agreement, you should review this User Agreement from time to time. By continuing to use the Services following the Effective Date of any amendments to this User Agreement, you will be deemed to have accepted the amended User Agreement.

(f) If any amendment to the User Agreement has a detrimental effect on you or you do not agree with the amended User Agreement, you may cease accessing or using the Services and cancel your Account.

1.3 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) 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.

1.4 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 Site or any 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 Registration

2.1 Registering for use

(a) You must register your details with us to use the Service. 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. Your details can also be changed in your ‘My Account’. We are not responsible for any loss or damage (including misdirected emails) 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 username and password. You must have a valid username (or “login”) and password before you can Bid on or buy Item(s) on the Site. You are responsible for the security of your username and password. We may assume that anyone using your username 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 username and password. You must notify us immediately if you become aware of any unauthorised use of your username 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. a copy of your invoice;
iii. newsletters and other promotional events and offers; and
iv. collection details and packing slips

(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 auctions@g-es.net. In the case of an Auction, you may not close your Account while you are the highest bidder on 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 Auction at which you have Bid has closed,
ii. you have paid all amounts 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. are an undischarged bankrupt; or
iii. are under any type of insolvency administration, if 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 Your obligations

(a) When you use the Service to Bid at an 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) Please take care when setting a Maximum Proxy Bid, as once your Maximum Proxy Bid is placed, it may not be withdrawn.

(e) It is your responsibility to read the Auction Description, 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.

(f) 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 Description, Auction Info and Lot Page. Usually a Buyer’s Premium, and other charges including GST, will apply to Auctions.

(g) You must not engage in Bid manipulation.

3.2 Your obligation to pay

(a) If you are the Winning Bidder, you will be issued an invoice at the end of the Auction. You must pay the Invoice Amount within 2 days of date of the invoice by either:

i. Mastercard or Visa via the payment link on the invoice, subject to the applicable processing fee; or
ii. direct deposit to the nominated bank account shown on the invoice.

(b) If you:

 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);
or (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 Buyer’s 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

(C) charge you a cancellation fee of $250.00 to cover administration costs.

(D) 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 48 hours of the Winning Bidder placing the Winner’s Bid Amount; or
ii. we are unable to contact you for any reason.

(E) If you fail to comply with these terms and conditions, where you fail to pay the Invoice Amount after being notified you are the Winning Bidder, we may also suspend your Account.

4 The Auction Process

4.1 Procedure

(a) By placing a Bid at an Auction, you acknowledge and agree that:

i. you are making an offer to buy the Item at your Bid Price;
ii. once your Bid is placed at an Auction (or if you have set up the Maximum Proxy Bid function for an Auction, once your Maximum Proxy Bid is placed), it cannot be changed or withdrawn;
iii. if your Bid is the Winning Bid Amount, you will be the Winning Bidder, and you must purchase the Item and pay the Invoice Amount in accordance with clause 3.2; and
iv. if you are the purchaser of the relevant Item(s), you agree you have the money immediately available to complete the purchase or have obtained approval for financial assistance.
v. if you have placed a Bid or Maximum Proxy Bidin error, you must notify GES immediately.

(b) When bidding on an Auction, the time specified on the Site will be in Australian Western Standard Time (AWST) or Australian Western Daylight Time (AWDT), as applicable.

(c) You may Bid:

i. through Submit Bid; or
ii. by placing a Maximum Bid

(d) If you Bid at Auction using Submit Bid or Maximum Bid, you are responsible for monitoring the Auction in which you are participating and placing Bids using Submit Bid or Maximum Bid.

(e) An Auction will start at the specified time and at the nominated minimum starting price.

(f) All Bids placed at Auction:

i. must be made on a per-Item basis; and
ii. may only be increased by the Bid increment.

(g) We set a minimum price for each Item we Auction at which the bidding must start.

(h) We have discretion to close an Auction before the scheduled time. For example, we may close an 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.

(i) Bids will be ranked in the following order of precedence:

i. Bid price;
ii. time Bid received;

For example, if two or more bids are for the same bid price, the earlier time will take precedence.

(j) All Bids placed in 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 in an Auction, you will not be permitted to lower your current Bid with a new lower Bid.

(k) If a Reserve Price set for an Item in an Auction is not met during an Auction, GES may (at the instruction of the Seller) reach out to the highest bidder at the closing time of the Auction to discuss whether the bidder would like to purchase the Item for a price mutually agreed by the bidder and the Seller. Any such sale will be considered a Sale pursuant to such Auction (and will be subject to the terms and conditions in this User Agreement with respect to Auctions), even if the Sale is completed after the closing time for the Auction.

4.2 Conclusion of Auction

(a) The Auction closes at the end of the time period specified for that Auction where there are no new successful Bids during the Extension Period (which may vary by 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 (which may vary by Auction) of the close of the 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 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 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 Auction, we may charge the cost of your purchase and the cost of the applicable delivery fee (if applicable), together with any other purchases you have made.

(e) If you are the Winning Bidder for an Item at an Auction, you must complete the transaction and purchase that Item in accordance with clause 3.2.

(f) You acknowledge that:

i. unless otherwise stated all prices are quoted in Australian dollars; and
ii. you must pay for Item(s) and other fees as outlined in clause 3.2, in Australian dollars, unless otherwise specified in the Auction.

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 Auction) extend an Auction for a period of time (determined at our discretion);
ii. decide (prior to or after the original time set for conclusion of the Auction) to re-open an 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 Auction;
iv. amend at any time prior to or during an Auction, the start price allocated to an Item for sale, but only so as to correct any errors due to processing or technological fault; and/or
v. cancel that entire Auction and conduct the Auction again.

5 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 the 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.

6 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 Item. 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.

7 Our rights

7.1 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 collection 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 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.

7.2 False or Misleading Conduct

(a) It is illegal to use a false name to use the Service or to buy Item(s) or make Bids even if our software initially accepts a 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.

7.3 Our rights upon Breach by You

(a) We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your Account (including on any of your current Bids, 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.

7.4 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 Item(s), 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. In addition:

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, at any time before the sale or Auction is completed:

i. quantities of Item(s) posted;
ii. maximum number of Item(s) which you may Bid for; or
iii. Bid increment during an Auction,
iv. for any of the above, at any time before the sale or Auction is completed. For example, we will make these changes where processing errors, technological errors or other errors result in loading of incorrect information.

8 Liability and Indemnities

8.1 Our liability to you

(a) In an Auction we are not responsible for Bids not received, processed or accepted due to technical difficulties, including those Bids placed by Submit Bid or Maximum 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 Item(s).

(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.

8.2 Limitation of our Liability to You

(a) In relation to the Item(s) 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 Item(s) 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 GES in relation to any Item(s) reflects the information provided to GES by the Seller, and, GES has not independently verified its completeness or accuracy. GES does not give any warranty as to the completeness or accuracy of any information provided to you about any sale of Item(s), including without limitation any information in relation to the distance travelled by a vehicle or its machine or engine hours and GES 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 Description, Auction Info, Catalogue Page & Lot 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 any specific detail is important 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 GES 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 GES 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 or employee of GES 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 GES from any such liabilities and any claims, demands or causes of action in respect thereof.

(h) No member or employee of GES accepts any responsibility for any interpretation which may be placed upon the information provided to you.

(i) Any deficiency in the Item(s) sold shall not vitiate the sale, but neither the Sellers nor GES 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 Item(s) 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 Item(s) supplied to;
ii. the replacement or repair of the Item(s);
iii. the supply of equivalent Item(s); or
iv. making a full refund to you.

8.3 Indemnities

(a) To the extent permitted by applicable law, 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 Services, except to the extent that any claim arises solely and directly as a result of our fraud, Gross Negligence or wilful misconduct or our breach of this User Agreement.

(b) You agree to indemnify and hold 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 under this User Agreement including any 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, as a result of your negligent or wrongful act or omission.

(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, made by any third party due to or arising out of a breach of this User Agreement by you.

(d) You indemnify us against any claim arising from infringement by you, or by another user of the Service using your username and password, of any intellectual property or other right of any person or entity.

9 Collection, delivery, insurance & risk

9.1 Collection and delivery

(a) Please carefully familiarise yourself with the details concerning collection and/or delivery of Item(s) following the conclusion of a transaction as set out in the Auction Description, Auction Info, Item Page, Lot or Catalogue Page and in this clause.

(b) Risk of damage to, and loss or destruction of, the Item shall pass to the buyer immediately on the acceptance and declaration by GES of the highest Bid. Neither the Seller nor GES shall be accountable for any deficiency, damage or loss, which may arise thereafter.

(c) Item(s) may not be collected until we have received full payment of all monies due as cleared funds as per Invoice Amount.

(d) Any collection times specified by us in an Auction in the Auction Info, Item Page, Lot or Catalogue Page or otherwise are estimates only and we will not be liable to you for any loss or damage you suffer as a result of our failure to comply with such details.

(e) In particular as Item(s) are not held by us on our premises, you must strictly observe and comply with collection times and arrangements specified by us in the Auction Description, Auction Info, Item Page, Lot Page. Your failure to strictly adhere to those collection times and arrangements, may result in the item being removed from those premises and although we will exercise all reasonable care on your behalf, we do not have custody or control of those Item(s) and accordingly we will not be liable for the unavailability of the item or the fact that no refund of the purchase price is made to you.

Item(s) not collected during the collection times may be deemed abandoned, with ownership reverting to the Seller.

(f) Unless outlined in the Auction Description, Auction Info, Item Page Lot or Lot Page, delivery (if applicable) of bulky goods assumes ground floor front door delivery.

(g) Whenever you visit any place where Item(s) are stored to inspect or collect them, you must comply with:

i. any law relating to occupational health and safety;
ii. any directions or warning we have given about Item(s) or their location in the Auction Description, Auction Info, Item Page, Lot or Lot Page; and
iii. any directions given by us or anyone authorised by us when inspecting or removing any Item(s) from any location.

(h) You acknowledge that you inspect or remove Item(s) at any location at your own risk and cost.

(i) Persons attending the collection site, before, during or after the Auction do so solely at their own risk.  GES, its agents, employees or principals shall not, in any way, be liable for any injury sustained to any persons or for any damage to or loss of property howsoever caused.

(j) All persons attending the collection site under the age of 18 years are required to be in the care of and under the supervision of an adult.

(k) The Buyer is fully responsible for the expense and risk of the removal of a Lot and for any damage to property or injury to persons caused by themselves, their agents or employees which occurs during the removal of a Lot or Lots.

(l) If an Item is not collected by you within the specified Auction Collection Period, we will attempt to notify you of the breach of the terms of collection. Should we be unsuccessful in obtaining any communication with you, then we reserve the right to re-sell the item and deduct from the proceeds of sale the Buyer’s Premium and all reasonable costs and expenses including and not limited to those relating to transport, storage, insurance, administration, re-advertising and re-selling.

(m) The disconnection of any gas or electrical services from any piece of Plant or Equipment carried out during the removal of a Lot must be performed by a competent and qualified tradesperson in line with the Seller’s site requirements & instructions.

9.2 Risk and title

(a) Title in the Item will not pass until GES receives cleared funds from the buyer for the full payment of the Invoice Amount for the Item(s).

(b) If the item is withheld by us in accordance with the User Agreement, risk in the item will pass to you at such time as you would have been able to collect the item had we not been holding it.

 

10 Privacy

(a) Our Privacy Statement (as it appears from time to time) is available on the Site. We will take all reasonable steps to abide by this policy and all Users of the Site agree to abide by the policy when using a Site.

(b) If you do not agree to the collection of this information and the other information specified in the Privacy Statement, then you may not use the Site.

(c) By registering with the Service and accepting the User Agreement, you also consent to:

i. collection of a variety of personal information which is specified in greater detail in the Privacy Statement. This information includes your address and contact details; in some cases, bidding and buying activities; and your use of our Sites generally;
ii. use of your personal information for certain purposes specified in greater detail in the Privacy Statement; and
iii. us disclosing your information in the circumstances specified in the Privacy Statement

11 Returns

11.1 Return Policy

(a) GES Auctions are generally conducted on an ‘as is, where is’ basis and Item(s) may not be returned, including in circumstances where you have changed your mind or purchased the same or a similar item from GES.

(b) You acknowledge and agree that when a Item is described as being used, marked, damaged, faulty, or in a particular condition, you have no claim or recourse or right to return the Item to us on the basis of such Item 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 at auctions@g-es.net 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 twenty-four (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 you follow the above procedure, we will inspect the item once it is back in our possession to determine whether it was materially incorrectly described as claimed. If we agree with your claim, we will either repair or replace the item or refund the Invoice Amount, as we determine reasonable in the circumstances. If we disagree with your claim, the item will be returned to you and we may recover our reasonable handling and delivery costs.

(f) When Item(s) are returned to us all parts, manuals and original packaging must also be returned to us.

12 Governing law

(a) This User Agreement is governed by and will be construed according to the law of Western Australia and is subject to the jurisdiction of the courts of Western Australia.

13 GST

(a) The Auction Info page will state whether the sale price of an item is inclusive of GST (GST Inclusive) or exclusive of GST (GST exclusive).

(b) You acknowledge and agree that:

i. if the sale price is GST Inclusive, any Buyer’s Premium will include GST and will be calculated as a percentage of the sale price (inclusive of GST) and payable by you at the same time as the sale price;

Example: Final Hammer Price is $100 + 22% Buyer’s Premium = $122.00 Total Invoice Price

ii. if the sale price is GST Exclusive, GST will be calculated on and added to the sale price, and in the case of the Buyer’s Premium exclusive of GST, will be calculated on the sale price and payable by you at the same time as the sale price.

Example: Final Hammer Price is $100 + 10% GST = $110 + 22% Buyer’s Premium = $134.20 Total Invoice Price

14 Further General Provision

(a) This User Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.

(b) GES is not your agent, fiduciary, trustee or other representative. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this User Agreement. This User Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of GES and you.

(c) GES does not warrant that any electrical or mechanical appliance, plant and/or equipment (collectively, Plant and Equipment) complies with the requirements of any Commonwealth, State or Territory occupational health and safety laws (OHS Laws). Where practical to do so and where the Plant and Equipment is likely to be used in a workplace, GES will request that the Seller display a statement on the Plant and Equipment to indicate the safety condition of the Plant and to supply certificates, operational manuals, etc, which may exist for the particular Plant and Equipment. If the Plant and Equipment purchased does not include this information, upon the request of a buyer, GES will use its reasonable efforts to obtain this information from the Seller. By law, a buyer of any Plant and Equipment for use in a workplace must ensure it complies with OHS Laws before it is used. Heavy penalties apply for non-compliance.

(d) If any provision of this User Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

(e) GES’s failure to enforce the strict performance of any provision of this User Agreement will not constitute a waiver of GES’s right to subsequently enforce such provision or any other provisions of this User Agreement.

(f) The section headings used herein are for convenience only and shall not be given any legal import.

(g) Unless indicated otherwise, all references to monetary amounts are to Australian dollars and all payments must be made in Australian dollars.

15 Definitions and interpretation

Auction Info means the special terms and conditions and specifications attaching to a particular auction.

Account means the approved registered bidding account.

Auction Collection Period means the timeframe that items in the Auction need to be collected by as set by the Seller.

Auction Description means detailed information specific to a particular Auction.

Bid means a formal offer, or commitment, to purchase an Item for a specific, increasing price.

Bid Price means the specific price submitted as a formal offer, or commitment, to purchase an Item.

Buyer’s Premium means that percentage of the Winner’s Bid Amount as identified on the Auction Info and Catalogue Page and payable by the winning bidder of an Auction. The Buyer’s Premium is payable in addition to and at the same time as the Winner’s Bid Amount, and will form part of the total Invoice Amount to be paid by the winning bidder for the purchase of the sale Lot. The Buyer’s Premium may be GST inclusive or exclusive, and will be clearly marked which one in the Auction Info and Lot Page.

Catalogue Page means the page that contains the special terms attaching to a particular good for sale by Auction.

Extension Period means the time extension that exists when a Bid is placed on a lot in the extension period.

GES means ADN Group Management Pty Ltd ATF ADN Solutions Trust t/as Global Equipment Solutions contract procurement & marketing services.

Invoice Amount means the Winner’s Bid amount (plus GST, if applicable) and the Buyer’s Premium (plus GST, if applicable) for the item purchased.

Item means the lot that is for sale in the Auction.

Item Page means the page that contains the special terms and conditions attaching to a particular item for sale by Auction.

Lot means the Item that is for sale in the Auction.

Lot Description means the description of an Item contained with the sale catalogue and identified with its individual Lot number.

Lot Page means the page where the Lot/Item is located.

Maximum Proxy Bid means an automated system where you enter the Maximum Proxy Bid amount you are willing to pay for an item, and the system Bids on your behalf, raising your Bid incrementally only as necessary to keep you in the lead. Setting a Maximum Proxy Bid does not mean you will be the successful bidder.

Privacy Policy means that statement contained in the Privacy Policy Section of the Site.

Product Information means any information posted by Us on a Site in relation to any item posted by Us for sale on the Site.

Reserve Price means the minimum price the Seller is willing to accept for an Item.

Returns Policy means that policy contained in the Returns Policy section.

Seller means the rightful owner of any Item.

Service means the services offered by GES.

Site means the website located at g-es.net and auctions.g-es.net.

Start Price means the initial amount at which bidding begins.

Submit Bid means the process by which you elect and submit a Maximum Proxy Bid amount and our Auction system will automatically incrementally increase your existing Bid in the event that your existing Bid is exceeded by another bidder up to your Maximum Proxy Bid amount.

User Agreement means these terms and conditions which you are deemed to have agreed to when you register for the Service.

Us/We/Our means ADN Group Management Pty Ltd ATF ADN Solutions Trust t/as Global Equipment Solutions contract procurement & marketing services ABN 28 593 584 022 of PO Box 1010 South Perth Western Australia 6951. MDL23768. QLD Licence 4127520.

Winner’s Bid Amount/Winning Bid Amount means:

i. the amount of the highest Bid; or
ii. where two or more Bids are for the same price, the Bid amount that was received earlier in time.

Winning Bidder means that bidder who has the highest Bid at the conclusion of the Auction, allowing for any Bid Precedence rules on GES.

Your Information means the details you submit when registering your Account or using the Service.

 

Additional Terms & Conditions for the purchase of Motor Vehicles

VEHICLE SALES CONTRACT TERMS AND CONDITIONS
(PLEASE READ CAREFULLY)
NOTE: As from 1 September 2002, the Motor Vehicle Dealers Amendment Act 2002 requires that every vehicle consigned for sale between a dealer and a person who is not a dealer, be in writing and contain the following prescribed terms and conditions. These terms and conditions will need to be signed by purchaser on successful Bid.

1. FORMATION
1.1 The signing of this Contract by the Purchaser means an offer has been made to purchase the Vehicle on the terms and conditions stated in this Contract. No offer is made unless the Purchaser is provided with a copy of this Contract at the time it is signed by the Purchaser.
1.2 The offer of the Purchaser is accepted by the Dealer when:
a) This Contract is signed by the Dealer or a person authorised by the Dealer.
b) Notice of the acceptance is given to the Purchaser. This Contract will then be binding on both parties.
1.3 The offer of the Purchaser may be withdrawn by the Purchaser any time before it is accepted by the Dealer. It will automatically Iapse at the close of business on the next normal business day for motor vehicle Dealers.

2. FINANCE
2.1 Where this Contract is subject to the Purchaser obtaining finance, the Contact is conditional upon the Purchaser obtaining approval for the granting of a loan:
a) Before the Latest time stated in the Contract.
b) Fort the amount stated in the Contract.
C) From the Lender named in the Contract (or a lender acceptable to the purchaser).
d) Upon reasonable terms and conditions in the circumstances.
2.2 The Purchaser agrees to take all reasonable steps towards obtaining loan approval.
2.3 If the Purchaser has taken all reasonable steps towards obtaining loan approval, but does not obtain approval, then either the Purchaser or the Dealer may terminate this Contract by giving notice to the other party. The Dealer must immediately refund any deposit paid and return any Trade-In Vehicle to the Purchaser.

3. THE PURCHASE PRICE
3.1 Upon delivery of the Vehicle, the Purchaser will pay to the Dealer all of the Total Purchase Price, less any deposit paid and any value given to the Trade-in vehicle.
3.2 In the case of a new vehicle if at any time after this Contract becomes binding on both parties but before delivery of the vehicle to the Purchaser, the cost of the vehicle to the Dealer changes because the manufacturer change its price, or there is a change in statutory charges which apply to the vehicle the total purchase price will be adjusted by the corresponding amount.
3.3 If the manufacturer increases the cost of a new vehicle to the Dealer, the Dealer is only entitled to pass on to the Purchaser, an increase of up to and including 5% of the total factory price of the vehicle.
3.4 Payment by cheque for all or part of the total purchase price will not be considered to have been received by the Dealer until the cheque has been honoured.

4. DELIVERY OF THE VEHICLE
4.1 The Dealer will deliver the vehicle to the Purchaser on or before the delivery date stated in the Contract.
4.2 In the case of a new vehicle. if a delivery date is not state in the Contract. The Dealer will deliver the vehicle within three (3) months of this Contract becoming binding on the parties.
4.3 In the case of a used vehicle, if a delivery date is not stated in this Contract, the Dealer will deliver the vehicle within one (1 month of this Contract becoming binding on the parties.
4.4 Delivery of the vehicle to the Purchaser will take place at the Dealer’s premises unless other arrangements are agreed to between the Purchaser and the Dealer.
4.5 The Purchaser will deliver any Trade-In Vehicle to the Dealer. and take delivery of the vehicle within seven (7) days of being notified by the Dealer that the vehicle is ready for collection.

5. PASSING OF PROPERTY AND RISK IN THE VEHICLE
5.1 The Dealer remains the owner of the vehicle until the total purchase price has been received in full by the Dealer.
5.2 Risk In the vehicle and the responsibility insure the vehicle will pass from the Dealer to the Purchaser when the vehicle is delivered by the Dealer to the Purchaser, unless the Purchaser and the Dealer agree to some other arrangement and include it as a special condition of this Contract. This applies whether delivery occurs at the Dealers premises or any other location.

The prescribed terms and conditions end here
The Dealer's additional terms and conditions commence here

6. TRADE-IN VEHICLE
6.1 The Purchaser will deliver the Trade-In Vehicle with accessories to the Dealer in the same condition the Trade-In Vehicle was in the at the time it was valued by the Dealer for the purpose of this Contract except for normal wear and tear.

7. PURCHASER'S RIGHT TO TERMINATE THIS CONTRACT
7.1 The Purchaser may terminate this Contract if the Dealer has breached any of the obligations imposed on the Dealer by this Contract.
7.2 If this Contract is validly terminated by the Purchaser the Dealer must immediately refund any deposit paid and return any trade in vehicle to the Purchaser. If in the event the Trade-In Vehicle has been sold, the cash equivalent of the Trade-In vehicle value determined at the commencement of the Contract shall be refunded to the Purchaser.

8. DEALER'S RIGHT TO TERMINATE THIS CONTRACT
8.1 The Dealer may terminate this Contract if the Purchaser has breached any of the obligations imposed on the Purchaser by this Contract.
8.2 If this Contract is validly terminated by the Dealer, the Dealer may seek an amount up to, but not exceeding, 15% of the total purchase price of the vehicle as pre-estimated Liquidated damages.
8.3 Any deposit paid by the Purchaser may be used by the Dealer to meet the pre- estimated liquidated damages payable by the Purchaser. Any surplus will be refunded to the Purchaser.

9. NOTICES
9.1 All notices required by this Contract may be given by direct communication, telephone, electronically, fax or post to the addresses and numbers included in this Contract.
9.2 If sent by post, a notice will be considered to have been received. unless the contrary is shown at the time when the Notice would have been delivered in the ordinary course or the post.

10. TRADE-IN VEHICLE- FURTHER CONDITIONS
10.1 If at the delivery date the Trade-In Vehicle is not in Substantially the same condition as at the date of this Contract or as represented by the Purchaser at the date of this Contract, then either:
a) The net trade-in allowance may be adjusted by an amount equal to the change in the fair market value of the Trade-In vehicle between the date of this Contract and the date of delivery to the Dealer as determined by the Dealer, acting reasonably: or
b) If the true condition of the Trade-In Vehicle is not discovered until after the total purchase price has been paid the Purchaser shall be liable to reimburse the Dealer for any repairs or work required to reinstate the vehicle to a condition commensurate with the trade-in allowance ascribed to it under this Contract within 7 days of notification by the Dealer of the cost of the repairs or other work.

11. DELIVERY OF VEHICLE - FURTHER CONDITIONS
11.1 The Dealer shall use its best endeavours to deliver the vehicle by the delivery date, but shall not be liable to the customer for any damage or loss whatsoever arising either directly or indirectly from any such delay or failure of delivery.
11.2 In tile case of a new vehicle where the Dealer is unable to deliver the vehicle by the delivery date due to the Dealer being unable to source a vehicle with the specific combination of accessories or options requested by the Purchaser, then the Dealer may terminate this Contract at which time it must immediately refund any deposit paid and return any trade-in vehicle to the Purchaser and the Purchaser shall have no further claim against the Dealer.

12. NEW MODEL VEHICLES
12.1 Subject to clause 12.2 if the cost of a vehicle changes in accordance with clause 3.2 because the manufacturer releases a new model and the model at the date of this Contract is no longer available the parties agree that the Purchaser will purchase that new mode adjusted by the corresponding amount.
12.2 If the increase of the cost of the new model exceeds 5% of the total factory price of the vehicle, the Purchaser may terminate this Contract and obtain a refund on the deposit in accordance with clause 7.2 of this Contract or elect to proceed with the purchase of the vehicle at the increased price, which shall be greater than 5%.

13. PRIVACY ACKNOWLEDGEMENT & CONSENT
13.1 The Purchaser acknowledges that the purpose to which this information contained in his Contract maybe put include advising the Purchaser about products and services conducting customer surveys and matters relating to warranties, roadside assistance, product recalls and other matters relating to the vehicle and the Purchaser.
13.2 in respect of these purposes the Purchaser consents to disclosure of the information contained in this Contract to companies related to the Dealer and to third party service providers (which may be overseas).

14. AIRBAG LIABILITY
14.1 Where the vehicle is a used vehicle the Dealer has inspected the airbag warning system for compliance with manufacturer's specifications but to the extent permissible by the Australian Consumer Law accepts no liability for the mechanical functioning of airbag fitted to the vehicle which can only be tested through the deployment of the system.

15. VEHICLE LICENCE DUTY (STAMP DUTY)
15.1 Vehicle Licence Duty, if included in this Contract has been calculated with care by the Dealer. If the Office of State Revenue determines that the amount stated is incorrect then the Purchaser shall indemnify the Dealer for any shortfall within 7 days of notification by the Dealer of the amount of the shortfall.

16. NON-GENUINE PRODUCTS
16. The Purchaser acknowledges that non-genuine parts, accessories, products or additives (Non-Genuine Products) identified as such and not supplied or approved by the vehicle manufacturer for use in the vehicle are not covered by the manufacturer’s warranties in respect of such Non-Genuine Products and their use may affect the warranty provided by the manufacturer if the manufacturer considers that the Non-Genuine Products and/or their installation might affect the specifications or quality of the vehicle.

17. LIMITATION OF LIABILITY
17.1 The Purchaser agrees that, to the extent permissible by law including the Australian Consumer Law the Dealer shall not be liable for any loss, including consequential loss which could result from a breach of this contract or any law by the Dealer.

18. CHARGE ON VEHICLE
18.1 The Purchaser agrees that, if for any reason the Purchaser takes possession of the Vehicle prior to the Dealer receiving the Purchase Price in cleared funds or if the Purchaser has any liability to the Dealer pursuant to clauses 10.1 (b) or 15, above, the Purchaser charges the Vehicle with the payment of any amount owing to the Dealer, and acknowledges that the Dealer may register its charge over the Vehicle on the Personal Property Securities Register.
18.2 Unless otherwise agreed in writing, if the Purchaser has not paid thee whole of the Purchase Price prior to taking delivery of the Vehicle the Purchaser must pay the Purchase Price within 24 hours of the Purchaser taking possession of the Vehicle.
18.3 In the event that the Purchaser does not pay the whole of the Purchase Price in accordance with clause 18.2, or does not pay the amounts owed pursuant to clauses 10.1 (b) or 15.1 by the date that those amounts fell due then the Purchaser agrees that in addition to its other rights and remedies, the Dealer may exercise any of the remedies set out in Part 4.3 of the Personal Property Securities Act 2009 (as amended).