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On-3 Time: Wednesday, April 1, 2020 - 5:25 AM
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Registration Terms and Conditions

These Terms and Conditions relate to the Buyer's Registration to which these terms are attached. The parties covenant and agree that the Buyer is entitled to participate in the Auction subject to these Terms and Conditions.

1. DEFINITIONS
'Agreement' means the Buyer's Registration and the Terms and Conditions between the Seller and On-3 Auctioneers.
'Auction' means the auction (on-line or physical) on a date as advised from time to time by On-3 Auctioneers.
'Bidder' means the Bidder described at Part A of the Buyer's Registration.
'Bidder's Number Card' means the card and or the username and password provided to the Buyer upon acceptance of the Buyer's registration.
'Buyer' means the Buyer described at Part B of the Buyer's Registration.
'Buyer's Administration Fee' means the amount as advised from time to time by On-3 Auctioneers.
'Buyer Handling Fee' means the amount as advised from time to time by On-3 Auctioneers.
'Buyer's Premium' means 13.5% of the Purchase Price where the Purchase Price is under $2,000.00 (inclusive of GST) and 11% of the Purchase Price where the Purchase Price is over $2,000.00 (inclusive of GST).
'Buyer's Registration' means the Buyer's Registration form to which these Terms and Conditions are attached.
'Contract' means the resulting contract between the Buyer that is the Highest Bidder and On-3 Auctioneers.
'Deposit' means the sum of 10% of the Purchase Price or $500 whichever is the greater.
'Electronic Communication' means electronic communication as defined by the Electronic Transaction (Queensland) Act 2001 as amended from time to time.
'Highest Bidder' means the person/entity who bids the highest price at Auction and the price is greater than the Reserve Price.
'Item' means the Item.
'On-3 Auctioneers' means Darryl Terrence Gardner & Monica Ann Gardner and includes their permitted assigns, successors and personal representatives.
'Payment Options' means the payment options offered by On-3 Auctioneers from time to time.
'Purchase Price' means the price offered at auction by the Highest Bidder.
'Reserve Price' means the price the Seller must achieve before the Seller will agree to sell the item being auctioned.
'Seller' is the legal owner of the items offered for sale at Auction.

2. BUYER'S REGISTRATION

2.1 The Buyer must register with On-3 Auctioneers to be entitled to participate in the Auction.

2.2 On-3 Auctioneers will issue a Bidder's Number Card which will constitute registration for the purposes of Clause 1.1.

2.3 The Buyer is liable to On-3 Auctioneers, including in damages, in the event that the Buyer provides any false or misleading information either by act, statement, omission or otherwise and regardless of whether it was knowingly made.

3. APPOINTMENT OF BIDDER

3.1 The Buyer is entitled to nominate a Bidder to attend an Auction to represent the Buyer for the purposes of the Auction.

3.2 The Buyer acknowledges that the Bidder is the Buyer's agent for the purposes of the Auction and unless the Buyer has notified On-3 Auctioneers in writing (and On-3 Auctioneers have received such notification) that the Buyer has withdrawn such appointment, the Buyer is bound by all bids made/contracts entered into by the Bidder on behalf of the Buyer.

3.3 The Buyer accepts that in the event the Buyer is the Highest Bidder at Auction, that the Buyer is contractually and legally bound to pay the Purchase Price, notwithstanding any potential dispute the Buyer has with the Bidder.

4. CONTINUING EFFECT

4.1 The parties agree that the provisions of the Buyer's Registration continue to apply to the purchase of future items sold by On-3 Auctioneers, so far as is possible and to the greatest extent permitted by law, notwithstanding that the Buyer has not re-signed a Buyer's Registration and notwithstanding the date the Agreement may have been signed.

5. PAYMENT

5.1 The Buyer must make payment of the Purchase Price using the Payment Options within the time frame offered by On-3 Auctioneers and as advised in writing to the Buyer or as advertised as part of the Auction.

5.2 Where the Purchase Price is greater than $500 the Buyer must pay the Deposit to On-3 Auctioneers either at the Auction or by 4pm the business day following the Auction using the Payment Options.

5.3 The Buyer acknowledges that in the event that the Buyer fails to make payment of any amounts required by the Agreement, that On-3 Auctioneers are entitled to do any one or more of the following:

(a)recover interest at the rate of 10% per day from the due date for payment until the date paid;
(b) terminate the Contract and re-sell the Item;
(c) recover all reasonable costs and out of pocket expenses incurred by the Seller and or On-3 Auctioneers including such costs that result from the need to re-auction the Item.

5.4 On-3 Auctioneers may charge a fee to the Buyer for accepting payment by credit card or American Express.

5.5 The Buyer agrees to collect the Item by 4pm on the third (3rd) business day following the Auction where the Buyer is the Highest Bidder.

5.6 The Buyer may become liable to pay On-3 Auctioneer's reasonable storage costs in the event that the Buyer fails to collect the Item in accordance with clause 5.5.

6. BUYER'S PREMIUM

6.1 The Buyer acknowledges that the Buyer is liable to pay the Buyer's Premium to On-3 Auctioneers in addition to the Purchase Price and any other amounts pursuant to the Agreement.

7. DISCLOSURE

7.1 On-3 Auctioneers hereby discloses, and the Buyer acknowledges and accepts that On-3 Auctioneers may be entitled to be paid commission by the Seller.

8. AUTHORITY

8.1 The Buyer hereby authorises On-3 Auctioneers to contact the Buyer by post, email or phone for any reason either before, during or after an Auction to obtain further information including relevant to an Auction in which the Buyer has or intends to participate in.

9. BUYER'S COVENANTS

The Buyer agrees and covenants with On-3 Auctioneers that:

9.1 The Buyer has the full legal capacity to appoint a Bidder, participate in an Auction and to enter into a Contract;

9.2 The Buyer will not join On-3 Auctioneers in any legal proceedings between the Seller and the Buyer.

10. BUYER'S ACKNOWLEDGEMENTS

The Buyer acknowledges that:

10.1 The Buyer is authorised but not guaranteed the ability to inspect the Item during the hours and or the days advised from time to time by On-3 Auctioneers.

10.2 Given the nature of the sale by on-line auction, the Buyer may not have the opportunity to physically inspect the Item being sold at auction;

10.3 If the Buyer is the Highest Bidder, the Item is accepted by the Buyer in an 'as is' condition and the Buyer is not entitled to a refund of the Deposit, the Purchase Price or any amount paid in any circumstance;

10.4 On-3 Auctioneers make no representation or warranty with respect to the Item as to the condition, quality, fitness for purpose, merchantability or compliance with description;

10.5 On-3 Auctioneers give no warranty or guarantee with respect to the Item including that the Item complies with any relevant laws;

10.6 The Buyer will obtain independent advice with respect to any legal requirements relating to the Item including with respect to potential compliance with Occupational Health and Safety laws where the Item is to be used in a 'workplace';

10.7 Any bid placed is irrevocable except with the consent of On-3 Auctioneers;

10.8 The Buyer is liable to obtain insurance for the Item immediately at the end of the Auction notwithstanding that the Buyer may not have yet taken possession of the Item;

10.9 Entry into the Agreement is at the Buyer's risk and the Buyer has willingly entered into the Agreement;

10.10 On-3 Auctioneers are under no obligation whatsoever to take any step, action or proceeding against a Seller in the event that a Buyer experiences difficulties with the Seller and/or the Item;

10.11 Any difficulties with the Seller and/or the Item are a matter for the Buyer and the Seller and do not involve On-3 Auctioneers in any respect;

10.12 Although On-3 Auctioneers may take all reasonable actions to assist in resolving any dispute, On-3 Auctioneers may not be entitled to disclose the Seller's details or other information to the Buyer in order to comply with the Privacy Act 1988 and other relevant legislation;

10.13 On-3 Auctioneers may at any time elect to terminate the Contract in the event that On-3 Auctioneers decide that On-3 Auctioneer's reputation is likely to be negatively affected either by association with the Buyer, the Item or such other matter in the opinion of On-3 Auctioneers without liability to the Buyer;

10.14 All prices listed and bids placed at Auction are inclusive of GST unless the Seller is not liable to pay GST in which event there is no GST payable;

10.15 On-3 Auctioneers may at any time and without notice, withdraw any item offered for sale, for any reason whatsoever, and without liability to the Buyer.

10.16 The Buyer accepts that On-3 Auctioneers are not liable to the Buyer in any circumstances whatsoever, including for any loss, damage or injury suffered by the Buyer including in the event that the Buyer has not inspected the Item.

11. COSTS

11.1 In addition to other costs the Buyer may become liable to pay pursuant to the Agreement, the Buyer acknowledges that the Buyer is liable to pay all stamp duty (if any), and all delivery charges.

11.2 The Buyer may become liable to pay the Buyer's Administration Fee and/or a Buyer Handling Fee.

12. RETENTION OF TITLE

12.1 The Buyer acknowledges that the Buyer is not the legal owner of the Item until the Buyer has paid the Purchase Price in full (and such amounts have cleared) and other amounts which may be outstanding pursuant to the terms of the Agreement.

13. DISCLAIMER AND RELEASE

13.1 The Buyer hereby discharges and holds harmless On-3 Auctioneers to the fullest extent permitted by law from all claims and demands of every kind resulting from accident, damage, death or injury, including relating to the Item, the collection of the Item and the Agreement, except to the extent that this is caused by the negligence on the part of On-3 Auctioneers.

14. INDEMNITY

14.1 The Buyer indemnifies and holds indemnified On-3 Auctioneers from and against all actions, claims, demands, losses, damages, costs and expenses which the Buyer may sustain or incur or for which On-3 Auctioneers may be or become liable in respect of or arising from a breach of the Agreement on the part of the Buyer express or implied, positive or negative.

15. AVOIDANCE

15.1 The Buyer acknowledges and agrees that in the event that the Buyer approaches the Seller to negotiate with respect to the sale of the Item, to the exclusion of On-3 Auctioneers, and in the event that the Buyer purchases (including by exchange) the Item, the Buyer is liable to pay On-3 Auctioneers any amounts that would otherwise have been recoverable under the Agreement including the Buyer's Premium calculated on the amount paid by the Buyer for the Item for such an amount as is determined by On-3 Auctioneers taking into consideration the market value of the Item purchased by the Buyer.

15.2 The Buyer acknowledges that On-3 Auctioneers may plead this Clause in any proceedings taken by On-3 Auctioneers against the Buyer and such amounts payable under the Agreement shall be recoverable as a liquidated sum.

15.3 The Buyer accepts and agrees that for the purposes of clause 14.2 that evidence from a third party with respect to the market value of the Item is sufficient for On-3 Auctioneer's claim against the Buyer.

16. DEFAULT

16.1 If the Buyer breaches any clause contained in the Agreement, becomes bankrupt, insolvent or ceases business, then On-3 Auctioneers reserve the right to exercise a lien on the Item or any amounts paid by the Buyer until any breach is remedied.

16.2 The Buyer is liable to pay On-3 Auctioneers' legal and other expenses in recovering amounts payable by the Buyer or otherwise as a result of a breach of the terms of the Agreement.

16.3 The Buyer forfeits the Deposit in the event that On-3 Auctioneers terminate the Contract as a result of the Buyer's breach of the Agreement.

17. DISPUTE

17.1 The parties agree that in the event of a dispute between the Buyer and the Seller regarding the Contract and in the event that On-3 Auctioneers are unable to assist in achieving a fair and mutually agreeable resolution, that On-3 Auctioneers may determine that the Contract is terminated and refund the Purchase Price or part thereof paid to On-3 Auctioneers. On-3 Auctioneers will only agree to a refund in exceptional circumstances.

17.2 The Buyer acknowledges and accepts that the Buyer has no further claim whatsoever against the Seller and or On-3 Auctioneers in the event that the Buyer receives a refund in accordance with clause 12.1. The refund is in full and final settlement of all matters relating to the Contract.

18. NON-MERGER

18.1 The covenants, agreements and obligations contained herein will not merge or terminate upon the termination of the Agreement and to the extent that they have not be fulfilled or satisfied or are continuing obligations they will remain in full force and effect.

19. GOVERNING LAW

19.1 The Agreement is governed by the laws of the State of Queensland and each party submits to the exclusive jurisdiction of the Court of Queensland.

20. ELECTRONIC TRANSACTIONS (QUEENSLAND) ACT 2001

20.1 The Buyer acknowledges that the Contract may be formed by electronic communications and hereby consents to information being given by an Electronic Communication for the purposes of the Electronic Transaction (Queensland) Act 2001.

20.2 The Buyer acknowledges that the Buyer is bound by the Contract notwithstanding that the Buyer has not physically signed the Contract. Acceptance of the Terms and Conditions constitutes the Buyer's electronic signature.

21. PRIVACY POLICY

21.1 On-3 Auctioneers agree to take all reasonable precautions to protect the Buyer's personal information. On-3 Auctioneers agree not to disclose any personal information except with the Buyer's prior consent or unless otherwise compelled to do so by law.

21.2 The Buyer should contact On-3 Auctioneers should the Buyer have questions or concerns or should the Buyer wish to make a complaint about any alleged breach of privacy.

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