McLernons Auction Perth

1. Getting Started: Registration & Your Account

1.1. Eligibility: To register and bid, you must be over 18 years of age and have the legal capacity to enter into a contract. We reserve the right to refuse registration to anyone at our sole discretion.

1.2. Accurate Information: You must provide your true, full, and up-to-date name, address, phone number, and email. For online bidding, valid credit card details are also required.

1.3. Account Security (Online): You are solely responsible for all activity that occurs under your online account, including all bids placed.

• You must keep your password confidential and notify us immediately of any suspected unauthorized use of your account.
• You may not transfer, sell, or assign your account to any other person.

2. The Bidding Process

2.1. Your Bid is a Contract: Each bid you place is a final and irrevocable offer to purchase the item at that price, plus the Buyer's Premium and GST. You cannot retract a bid once it is placed.

2.2. The Highest Bidder Wins: Subject to any reserve price, the highest bidder at the "fall of the hammer" (the moment the auctioneer declares the item sold) is the successful buyer.

2.3. Reserve Price: Some items may be subject to a confidential minimum price (a "reserve") set by the seller. If the bidding does not reach the reserve price, the item will not be sold.

2.4. Bidding Increments: The auctioneer will set the minimum amount by which a bid must be raised and has the right to refuse any bid that does not meet this increment.

2.5. Online Bidding:

• Auto-Bids: Our system may allow you to set a maximum bid. It will then automatically bid on your behalf up to your maximum amount, using the smallest increment necessary to keep you in the lead.
• Bidding Extensions ("Soft Close"): If a bid is placed in the final moments of an online auction, the closing time for that specific item will automatically extend. This ensures all bidders get a fair chance to place their final bid.

2.6. Disputes: In the event of any dispute over a bid, the auctioneer has the final say and may, at their sole discretion, determine the successful bidder or re-open the bidding on the item.

3. Important Disclaimers: 'As Is, Where Is'

3.1. No Warranties: All items are sold strictly ‘as is, where is’. This means they are sold in their current condition, with all existing faults and imperfections. Neither McLernons Auction Perth nor the seller provides any warranty or guarantee about any item, including its condition, fitness for a particular purpose, quality, or authenticity. All sales are final, and no refunds or exchanges will be granted.

3.2. Descriptions are a Guide Only: All descriptions, catalogues, photos, and any other information provided are intended as a guide only. We do not guarantee their accuracy. Any error or misdescription does not invalidate a sale or entitle the buyer to a refund.

3.3. Your Responsibility to Inspect: We provide a formal inspection period for all potential bidders to view the items. By placing a bid, you confirm that you have either inspected the item to your full satisfaction or have chosen not to inspect it and thereby accept it with all its faults, whether they are obvious or hidden.

3.4. Specific Item Disclaimers:

• Plant & Equipment: Items may not be safe for use in a workplace environment. It is the buyer's sole responsibility to ensure any plant or equipment is assessed by a competent person and complies with all relevant Occupational Safety and Health legislation before use.
• Computers: Unless explicitly stated otherwise, you are buying the hardware only. Any included software is subject to its own licensing agreements, and it is your responsibility to ensure you comply with them. We provide no warranty for software functionality or licensing.
• Liquor: You must be 18 years of age or older to bid on or purchase alcohol. Proof of age will be required upon collection, and we reserve the right to refuse collection if satisfactory identification is not provided.

4. After You Win: Payment

4.1. Invoice Total: Your final invoice will consist of:

1. The hammer price (your winning bid amount).
2. The Buyer's Premium (calculated as a percentage of the hammer price).
3. GST on the total amount (hammer price + Buyer's Premium).

4.2. Payment Deadline: You must pay your invoice in full within 24 hours of the auction closing.

4.3. Payment Methods: We accept Cash, EFTPOS, Bank Cheque, and Credit Card. Please note that payments by Visa or Mastercard are subject to a 1% surcharge.

4.4. Online Payment:

• For total purchases under $2,000, your registered credit card will be automatically charged the full invoice amount upon the auction's conclusion.
• For total purchases over $2,000, a $1,000 deposit will be automatically charged to your card, and you must pay the remaining balance within the 24-hour deadline specified in Clause 4.2.

4.5. Title of Goods: Legal ownership (title) of the items does not pass to you until your payment has been made in full and has fully cleared in our bank account.

5. Collecting Your Items

5.1. Risk: From the moment the hammer falls, the purchased item is immediately at the buyer's risk. We are not responsible for any loss or damage that occurs after the sale. We strongly recommend you arrange appropriate insurance immediately.

5.2. Collection Deadline: You must remove your items from the auction site by 4:00 PM on the next business day following the sale, unless an alternative deadline is explicitly stated for a particular auction.

5.3. Removal is Your Responsibility: You are fully responsible for all costs, labour, tools, and equipment needed to safely disconnect and remove your items. You are also liable for any damage to our property or injury to any person that is caused by you or your agents during the removal process.

5.4. Late Collection: If you do not collect your items by the specified deadline, we reserve the right to charge daily storage fees. If items are not collected within 7 business days of the sale date, we may treat the items as abandoned and resell them in accordance with Section 6.

6. If You Don't Comply (Buyer's Default)

6.1. If you, the buyer, fail to comply with any of these terms and conditions (including the payment and collection deadlines):

• You will forfeit any deposit or other monies paid.
• We may cancel the sale and resell the item(s) by public or private sale without notice to you.
• You will be liable to McLernons Auction Perth and the seller for all costs and losses incurred as a result of your default. This includes, but is not limited to, storage fees, advertising costs, resale costs, commissions, and any financial shortfall between your original purchase price and the final resale price.
• We may charge a cancellation fee, which will be the higher of $250 or 20% of the total invoice amount.
• We are authorized to recover any of these amounts from you as a debt immediately due and may charge them to any credit card you have on file with us.