ALL ABOUT AUCTIONS

TERMS & CONDITIONS OF SALE & BIDDER AGREEMENT

These Terms & Conditions apply to all auctions conducted by All About Auctions (“the Auctioneer”). By registering to bid, bidding, or purchasing any lot, you agree to be bound by these Terms.

1. Auction Formats & Bidding Process

Auctions may be conducted as:

• Timed Online Only, or
• Live Onsite with Simultaneous Online Bidding

Each auction’s format, start time, closing procedure, location, payment timeframe, and collection requirements are stated in the auction listing and form part of these Terms.

• Online bidding is internet-based. Bidders are strongly advised not to rely on last-second bidding due to potential lagging. Use of the auto-bid function is recommended.

Timed Online Auctions

• Lots close sequentially from the advertised closing time.
• If a bid is placed within the final 2 minutes, the closing time will automatically extend by 2 minutes. Any further bid resets the timer.

The Auctioneer’s decision is final in all matters including bid acceptance, increments, lot allocation, and dispute resolution.

2. Auctioneer Authority & Agency

• The Auctioneer acts strictly as agent for the Vendor. The contract of sale is directly between the Purchaser and the Vendor.
• All lots are sold subject to these Terms & Conditions.
• The Auctioneer may at its discretion:
  • Withdraw, combine, split, or re-offer any lot, bring forward or adjust the closing time of the auction or any lot, or cancel the auction in whole or in part at the Vendor’s request.
  • Adjust start prices, reserves, increments, or closing times
  • Refuse bidder registration or bidding
  • Keep reserve prices confidential
  • Bid on behalf of the Vendor to meet reserve
  • Negotiate passed-in lots or sell unsold lots by private treaty
  • Allocate payments across multiple purchases

3. Bidder Registration & Conduct

To register, bidders must provide:

• Full legal name
• Residential address
• Phone number
• Email address

Bidders are deemed to bid as principal unless prior written authority is provided.

The Auctioneer may:

• Refuse or cancel registration
• Require photo ID or a refundable security deposit
• Monitor IP addresses and bidding behaviour
• Cancel bids or suspend bidding privileges for fraudulent or prohibited activity

Bid Withdrawal Requests

A bidder may request withdrawal of their own bid no later than one (1) hour before the scheduled auction closing time.

• Requests must be made in writing and clearly identify the lot number.
• Bid withdrawals are subject to Auctioneer approval and are not guaranteed.
• No bid withdrawals will be permitted within one (1) hour of auction close.
• After this time, all bids are final and binding, and non-payment will be treated as a breach of contract.
• Repeated withdrawal requests may result in suspension of bidding privileges.

Multiple accounts, bid shielding, collusive bidding, or fraudulent activity is prohibited. Suspected breaches may result in cancelled bids, account suspension, or banning.

4. Bidding Increments

Unless otherwise stated:

• Start price: $20.00

Typical increments:

• $20–$200 → $10
• $200–$500 → $25
• $500–$1,000 → $50
• $1,000–$2,000 → $100
• $2,000+ → $250

The Auctioneer may vary increments at their discretion.

5. Reserves

• Lots may be subject to a Vendor reserve.
• If the reserve is not met, the lot may be passed in.
• The Auctioneer may negotiate with the highest bidder or other interested parties.

6. Condition of Goods / Disclaimer

All lots are sold “AS IS, WHERE IS” and the Purchaser accepts the lot with all faults, patent or latent.

No error, misdescription, deficiency in quantity, or other matter shall void the sale, and the Purchaser is bound to take delivery of the lot without any allowance or abatement in price.

All warranties, whether statutory (including under the Contract and Commercial Law Act 2017, formerly Sale of Goods legislation) or implied, are expressly excluded, except those which cannot legally be excluded.

No warranties shall arise from any affirmation made at the auction or otherwise, unless expressly provided in writing and signed by the Vendor or the Auctioneer as agent for the Vendor.

Purchasers must satisfy themselves by inspection or otherwise as to condition, description, quantity, and suitability before bidding. No matters will be entered into once lots are removed from the auction site.

7. Consumer Law & Contracting Out

Private Vendors

If the Vendor is not “in trade”, the Consumer Guarantees Act 1993 (CGA) does not apply.

Vendors in Trade

If the Vendor is in trade:

• The CGA applies to non-business buyers
• For minor faults, the Vendor may elect to repair before refund

Business Buyers (B2B)

If you are “in trade”, you agree to contract out of:

• The Consumer Guarantees Act 1993
• Sections 9, 12A, and 13 of the Fair Trading Act 1986

All sales to business buyers are final.

8. Claims, Misdescription & Time Limits

Any claim must:

• Be made in writing
• Be notified within 48 hours of collection or confirmed delivery
• Be lodged within 7 days of auction close
• Occur before installation, modification, or use

Once the Vendor has been paid (generally 7–10 days post-auction), the Auctioneer has no further liability.

9. Buyer’s Premium, GST & Pricing

• All prices are GST inclusive unless otherwise stated.
• A Buyer’s Premium of 15% + GST (17.25% total) is added to the hammer price.

Example:
Hammer price $100.00
Buyer’s Premium $17.25
Total payable $117.25

10. Payment Terms

• Full payment is required within the timeframe specified in the auction listing (typically 2–5 days).
• Ownership does not pass until payment is received in cleared funds.

Accepted payment methods:

• Bank transfer
• Cash (under NZD $10,000 in accordance with AML/CFT laws)
• EFTPOS
• Credit card (1.5% surcharge)
• Stripe (3% surcharge)

11. Zero Tolerance for Non-Payment

By placing a bid, you enter into a legally binding contract.

Failure to complete payment within the specified timeframe will result in immediate enforcement action, which may include:

• Permanent suspension or banning of your bidding account
• Cancellation of the sale
• Default fees (up to 20% of the hammer price)
• Recovery of any loss incurred on resale
• Disclosure of your details to the Auctioneers Association of New Zealand and credit reporting agencies

No exceptions will be made for change of mind, bidding error, or failure to read the Terms & Conditions.

12. Collection, Removal & Storage

• Collection locations, times, and deadlines are specified per auction.
• Buyers must collect within the stated timeframe.
• Failure to collect may result in:
  • Storage or administration fees
  • Goods deemed abandoned
  • Re-auctioning to recover costs
  • Buyer liability for any resale shortfall
• Removal is entirely at the Purchaser’s risk and expense.

13. Courier, Freight & Export

• Small items may be packed for NZ courier:
  • $10 per box administration fee PLUS actual courier costs
• Dimensions can be supplied for independent freight.
• The Auctioneer does not arrange international freight, export documentation, or GST-exempt export sales.

14. Motor Vehicles, Plant & Equipment

• No warranty is given as to title beyond the Vendor.
• Any reports supplied are not warranted by the Auctioneer.
• Vehicles must not be operated on public roads unless legally compliant.
• Purchasers indemnify the Auctioneer against all liability arising from use.

15. Health & Safety

Plant and equipment may not comply with current legislation.

Purchasers are responsible for:

• Independent safety inspections
• Compliance with the Health & Safety at Work Act 2015
• Ensuring equipment is safe before use

16. Liquor Sales

All About Auctions is authorised to sell alcohol under
Off Licence 007/OFF/336/2025

Purchasers must be 18 years or older and provide valid ID.

17. Platform & Technology Disclaimer

The Auctioneer is not liable for:

• Website or platform failures
• Interrupted or delayed bidding
• Internet connectivity issues
• System errors or downtime

18. Force Majeure

The Auctioneer is not liable for failure to perform obligations due to events beyond its reasonable control, including natural disasters, power outages, system failures, or government action.

19. Vendor Warranty

The Vendor warrants that they have lawful authority to sell the goods and that the goods are free of encumbrances unless disclosed.

20. Liability & Indemnity

• All bidding is at the Purchaser’s own risk.
• The Auctioneer, its staff, and agents accept no liability for loss, damage, injury, or consequential loss.
• Purchasers indemnify the Auctioneer against all claims arising from purchase, removal, or use of any lot.

21. Privacy

Personal information is used solely for auction administration and auction-related communications.

22. Severability

If any provision of these Terms is unenforceable, the remainder remains valid.

23. Governing Law & Jurisdiction

These Terms are governed by the laws of New Zealand, and disputes are subject to the exclusive jurisdiction of New Zealand courts.

24. Association Compliance

This auction is conducted under the Terms & Conditions of Sale of the Auctioneers Association of New Zealand.

25. Off-Site Auctions / Urgent Payment Terms

• For all auctions held away from our main yard (off-site/on-site), time is strictly limited.
• Full payment must be received within 24 hours of auction closing.
• If payment is not received and we are unable to contact the Purchaser, we reserve the right to:
  • Cancel any lot(s) purchased, and
  • Resell the lot(s) at our discretion.
• Purchasers remain liable for any shortfall in resale or additional costs incurred.

Revision.001.300126

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