CONTRACTS
All accepted bids are contracts and are considered final and non withdrawable.
BUYER'S PREMIUM
A buyer's premium of 11% will be applied to all online purchases up to $99,999 hammer value.
A buyer's premium of 5.5% will be applied to all online purchases over $100,000 hammer value.
ONLINE BIDDING
The person posting the bids online has to be the person who has registered for the auction.
TERMS & CONDITIONS OF ONLINE AUCTION SALES
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The highest bidder will be the Purchaser, subject to Vendor acceptance, but if any dispute arises as to the last or highest bidder, at the discretion of the Auctioneer, the lot in dispute may be put up again and resold.
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All auction bid prices are GST inclusive unless the owner of the goods is not registered for GST (in which case no GST is payable on the lot bid for). Lots to be sold on behalf of owners not registered for GST will be separately identified in the catalogue.
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The Auctioneer may refuse to accept any bid or withdraw any lot from the sale.
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The Auctioneer may hold a bid and refer such a bid to the Vendor before acceptance. In some circumstances further negotiations may only be held with the highest bidder.
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The Vendor reserves the right to bid either by the Auctioneer or the Vendor’s agent for any lot offered. The Auctioneer has been nominated for this duty. No person will be allowed to retract his or her bid after being taken.
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All Purchasers shall, on the fall of the hammer, if required to do so, pay a deposit of 10% or $500 whichever the greater of the purchase price in cash, bank cheque, EFTPOS or credit card (processing fee applies) any pay the balance in cash, bank cheque, direct debit, EFTPOS or credit card (processing fee applies) by 4:00pm the business day after the sale.
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Ownership of a lot shall not pass to the Purchaser until the Auctioneer has clear title to the payment from the Purchaser
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All goods must be removed by the Purchaser no later than 4:00pm the business day after the sale. Storage charges may apply on lots which have been paid for and which remain uncollected by the working day after the sale. No parties will be allowed to remove their lots or any portion thereof, until the purchase shall have been completed and the full purchase price paid to the Vendors or Auctioneers.
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The Auctioneer shall not be responsible for any damage to property or injury incurred during the removal of lots purchased.
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Upon any Purchaser failing to comply with any of the above conditions any money deposited in part payment shall be absolutely forfeited and all lots uncleared may be resold and the deficiency (if any) on such resale, together with all costs and charges consequent upon such resale, shall be made good by the defaulter at this sale.
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All lots, having been made available for inspection prior to auction, are offered for sale “as is, where is” with all faults (if any). To the full extent permitted by law and notwithstanding the contents of or any description given in any catalogue, advertisement, engineers’ report or other materials issued by the Auctioneer in relation to a lot, no express or implied condition, warranty or guarantee is made or given in relation to that lot as to its condition, quality, fitness for purpose, merchant ability or compliance with description. You should independently verify any information, which is important to your purchasing decision.
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To the full extent permitted by law, the Vendor and Auctioneer will not be liable for any loss, damage, cost or expense suffered or incurred by a Purchaser arising out of the sale and purchase of a lot. Subject to all applicable laws, any liability of the Auctioneers shall be limited to a refund or credit of the charge made for services provided by the Auctioneers.
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All vehicles are sold as unregistered unless otherwise stated by the Auctioneer.
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Any deficiency in the goods sold shall not vitiate the sale, but neither the Vendors nor the Auctioneers shall be bound to deliver more than is in their possession.
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Terms are strictly cash, bank cheque, direct deposit (possible overnight transaction), credit card (processing fee applies) or EFTPOS before delivery.
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A Buyer’s Administration Fee may be payable by the Purchaser on any lots sold at National Machinery Xchange auctions. The fee applicable to a lot is noted in the catalogue. Where a fixed dollar amount is noted, the Buyer’s Administration Fee is inclusive of GST. Where a percentage is noted, the Buyer’s Administration Fee is inclusive of GST and will be calculated on the bid price of the lot.
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Additional Terms & Conditions for Truck and Machinery Auctions: The Auctioneer does not warrant that any electrical or mechanical appliance, plant and/or equipment (collectively ‘the plant’) complies with the requirements of any Federal, State or Territory occupational health and safety laws (the OHS laws). Where reasonably practicable to do so and where the plant may be used in a workplace, the Auctioneer has requested that the Seller display a statement on the plant to indicate the safety condition of the plant and to supply certificates, operation manuals, etc. which may exist for the particular plant. By law, a purchaser of any plant for use in a workplace must ensure that the plant complies with the OHS laws before it is used. Heavy penalties apply for non-compliance. A summary of the occupational health and safety requirements in your State or Territory is available from your State or Territory WorkCover authority.
This listing catalogue has been prepared only as a guide, based on information from sources believed to be reliable and from the consignor, but the accuracy thereof is not guaranteed or warranted by the auctioneers. Inaccuracies in the catalogue or on the internet will under no circumstance, relieve the buyer from responsibilities accepted on the Bidder’s Registration Agreement.
LOAD OUT SAFETY REQUIREMENTS
Every transport driver must wear a high visibility safety vest while outside their truck.
QUEENSLAND OH&S ACT REGULATIONS
Unless expressly stated otherwise, every item of plant is sold without all information required under the Queensland Occupational Health and Safety Act & Regulations, relating to the purpose or purposes for which the plant was designed, or to any conditions necessary to ensure that the plant is safe and without risks to health if it us used for a purpose for which it was designed. Without limitation, every item of plant is sold without information relating to:
The installation, commissioning, decommissioning, use, transport, storage and, if the plant is capable of being dismantled, dismantling of the plant;
The hazards and any risk associated with the use of the plant;
Testing or inspections to be carried out on the plant;
The systems of work and competency of operations that are necessary for the safe use of the plant; and
The emergency procedures (if any) that are to be implemented if there is a malfunction of the plant.
No item of plant should be used as plant without the information required by the Occupational Health and Safety Act & Regulations, and it is the sole responsibility of the buyer to obtain such information at the buyer’s sole expense prior to any use of such item as plant.
SALE DAY LOAD OUT PROCEDURE
Where applicable, No vehicles or trailers will be allowed in auction site yards until the conclusion of the auction, load out of equipment will not be allowed until yard management determines it is safe to do so.
No items will be released until all lots in the area have been sold.
No item will be loaded by NMX employees until the last item has been sold.
NMX will, at the sole risk of the buyer, assist in loading out non-rolling stock.
NMX will not:
a) Load out equipment nor operate loaders after dusk, nor;
b) Arrange for additional equipment needed for load out.