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Conditions of sale

CONDITIONS OF SALE

Effective as of JULY 1st 2000

Please take the time to read all of the following terms and conditions carefully.
It is a condition of entry to any and all sales and/or inspections and/or auctions we conduct that the following terms and conditions are strictly adhered to by any party wishing to participate in said sale and/or auction.
Attendance by you or by a party (or parties) representing you at a sale, inspection or auction we conduct signifies your agreement to these terms and conditions.    

CONDITIONS OF SALE - BOATS

 

in association with

KEARNS
(A business name of S.T.J. Investments Pty Ltd ABN: 52 007 912 441)
AUCTIONS VALUATIONS & APPRAISALS
(AS AGENTS FOR THE VENDOR)

PAYMENT

 

If the sale is being held on a weekend or public holiday prospective buyers who wish to pay by personal cheque must have with them a letter from their bank stating creditworthiness.

1.

Subject to any reserve price the highest bidder shall be the buyer.

2.

The vendor shall have the right to bid by the Auctioneer or by the vendor's agent for any lot offered.

3.

The auctioneer may, without giving any reason therefore, refuse to accept the bid of any person and may decline the offer for any boat or withdraw any boat or boats from sale.

4.

Should any dispute arise as to any bid, the relevant boat may at the option of the auctioneer be re-offered and resold.

5.

At the discretion of the auctioneer every bid shall be at least 5 per cent in advance of the previous one and no person may retract his or her bid once made.

6.

The auctioneer reserves the right to request a 10 percent deposit on the fall of the hammer on any boat offered. A personal or company cheque will be accepted with suitable identification.

7.

The balance of purchase price plus any GST which may be payable shall be paid IN FULL by 3pm five working days from the date of sale by bank cheque, cash or telegraphic transfer, but not by direct deposit.

8.

The boat(s) having been available for inspection, no allowance or refunds will be made, nor will any buyer be permitted to reject any boat on the grounds that it is not correctly described, the said boat is to be taken with all faults (if any) and will be at the buyer's risk on the fall of the hammer and thereafter the vendor will be free of all responsibility for safeguarding the boat and will not be liable for any loss or damage to the boat sold, whether such loss or damage is caused or contributed to by any act, neglect or default of the vendor, its servants, employees or agents.

9.

Upon the buyer failing to comply with any of the above conditions all moneys received in part payment shall be absolutely forfeited to the vendor, who claims the right to resell the said boat by public auction or private contract and the deficiency (if any) on such resale, together with all costs and charges attending, shall be made good by the defaulter at this auction sale.

10.

All buyers or members of the public enter the marina, auction rooms or vendors premises entirely at their own risk. Buyers and members or the public are warned of the possibility of dangerous machinery, chemicals, etcetera, being present in the marina, auction rooms or vendor's premises. People may not be familiar with the surroundings - please be careful.

11.

Time shall be the essence of the sale of any boat.

12.

Whilst every care has been taken in advertising and in the compilation of reports, surveys and general literature, the auctioneer and/or vendor accept NO RESPONSIBILITY for any misdescription and make no warranty whatsoever. Measurements and quantities shown are approximate and intended only as a guide to prospective buyers.

13.

The buyer is wholly responsible for any damage to property or injury to persons incurred during the removal of a boat purchased, including damage or injury caused by their agents or employees.

14.

The boat entered for sale is subject to commission and GST if applicable and fees if sold privately by the vendor with or without reference to the auctioneer.

15.

TERMS ARE STRICTLY PAYMENT BEFORE DELIVERY

16.

This auction may be subject to a buyers premium.