Blackwood Valley Small Landholders Group Inc

Terms and Conditions for Auctions

1. The term "Group" herein shall mean the Blackwood Valley Small Landholders Group Inc.
2. The term "Auctioneer" herein shall denote any person or persons appointed by the Group to conduct the Auction.
3. Vendors shall register all items for auction and shall pen up or lay out lots as applicable where directed by Group officers prior to the time advertised on the Group's web site

www.SmallLandholders.com Vendors registered for GST shall state the relevant Australian Business Number on such registration.

4. Persons intending to bid shall register at the site office of the Group and receive a bidder's number before bidding.
5. The highest bidder will become the Purchaser, subject to these terms and conditions and any reserve price.
6. The Vendor reserves the right to withdraw any lot or lots from sale without declaring the reserve price.
7. The Auctioneer reserves the right to accept or refuse any bid.
8. If a dispute arises as to a bid (including a final bid), the Auctioneer has the sole authority to decide whose bid was the last or, alternatively, to re-submit the lot for sale.
9. A bidder is taken to be a principal unless, before bidding, the bidder has given to the auctioneer a copy of the written authority to bid for or on behalf of another person or corporate body.
10. Subject to clause 5 the price at which the hammer falls and as recorded on the sale sheet by the Auctioneer will be the price payable by the Purchaser and shall be binding on the Purchaser and the Vendor.
11. The price payable by the Purchaser shall be deemed to include GST, where applicable. Where the Vendor is registered for GST and has advised to the Group the relevant Australian Business Number the Purchaser will receive a Tax Invoice.
12. The Purchaser acknowledges that all lots have been made available for inspection prior to sale and accordingly all lots are sold with all faults discoverable by inspection or otherwise and the Purchaser must satisfy himself as to the condition, quality and fitness thereof before bidding. No refunds will be made, nor will the Purchaser be entitled to reject any lot on the grounds that it is not correctly described in the sale catalogue, advertisements or other information supplied.
13. The Purchaser acknowledges that neither the Group nor the Vendor has made any representation or given any warranty express or implied as to the condition of any lot and that it is aware certain rights are conferred upon some purchasers of goods by law which cannot be excluded from or modified or limited in any contract for the sale or purchase of such goods. In this event the liability of the Vendor shall be limited at the Vendor's option to the replacement or re-supply of equivalent livestock or other articles or repayment of the cost of same.
14. The Group gives no warranty as to the Vendor's title to the lot or the Vendor's right to sell and shall not be liable in any respect for any error, misdescription or omission in any particulars appearing or stated regarding the description or pedigree or particulars of any lot offered for sale.
15. If there is a deficiency in number in any lots sold, neither the Vendor nor the Group shall be bound to deliver more than the number actually in its possession.
16. If the Purchaser fails to comply with any of the terms and conditions all moneys or other instruments which the purchaser has paid or given to the Group and/or the Vendor will be absolutely forfeited to the Vendor and the Vendor will be at liberty, without any notice to the Purchaser, to resell the lots by public auction or by private contract upon such terms and conditions as the Vendor may think fit. Any deficiency arising on such sale and all expenses of and incidental to any sale or attempted sale shall be recoverable from the Purchaser as liquidated damages.
17. The Purchaser shall remove each purchased lot from the premises by the close of business on the day of the auction.
18. The Vendor shall remove any unsold lots from the premises prior to the close of business on the day of the auction.
19. The purchase price is payable to the Group in full in cash or cheque prior to close of business on the day of auction, and before removal of the lot from the sale ground.
20. Risk in all lots shall pass to the Purchaser on the fall of the hammer and neither the Vendor nor the Group shall be responsible for safeguarding any lot thereafter nor for any loss or damage occasioned to such lot.
21. The Group acts only as Agent for the Vendor and Purchaser and shall not be responsible to either party in the event of any dispute.
22. The Group shall receive all funds tendered to it in payment by Purchasers as Agent only for the Vendors. Should any cheques paid received by the Group from Purchasers not be cleared by the respective bank upon first presentation these shall be forwarded to the respective Vendors for their action as set out below and the Group shall not be liable to such Vendors in any way
23. Title to and property in a lot shall not pass to the Purchaser until payment in full has been made by the Purchaser. Until then, the Purchaser holds the lot as trustee only for the vendor. If the Purchaser fails to make payment, or in the event that a cheque tendered in payment is not cleared by the Purchaser's bank, the Vendor will be at liberty to repossess the lot and for that purpose, without prejudice to any rights or remedies the Vendor may have against the Purchaser under these terms and conditions or at law or in equity, to enter upon the lands or premises of the Purchaser or other lands where the lot is held.
24. Commission at the rates set out on the Group's web site

www.SmallLandholders.com shall be payable on all lots presented for sale.

25. All lots registered for sale are subject to the advertised commission if sold privately by the Vendor without reference to the Group.

P.O. Box 135, Bridgetown WA 6255