When you apply to become a Registered Bidder, you are making representation to the JUSTBIDLIVE.COM and also agreeing to the following important conditions. You should ensure you have read this Agreement prior to registering and making any bid at a JUSTBIDLIVE.COM website. If you bid at JUSTBIDLIVE.COM website you will be subject to this Agreement.
1. USE OF WEBSITE
1.1 Access to Online Sales
1.1.1 Your viewing and use of the Website and the Online Sales System is governed by and subject to you agreeing to this Agreement.
1.1.2 By applying to become a Registered Bidder, logging onto and using the Website and the Online Sales System, making or purporting to make a Bid at any Auction Sale or submitting or purporting to submit a Tender at any Tender Sale, You irrevocably submit that You:
(a) Have read and understood and will comply with this Agreement; agree to be bound to this Agreement;
(b) Have examined to the best of your ability and knowledge all information relevant to the risks, contingencies and other circumstances affecting the Website and Online Sales System; and
(c) Have had an opportunity to clarify any questions or issues in relation to the Website or the Online Sales System.
(d) Acknowledge JUSTBIDLIVE.COM as the auctioneer, is acting as an agent for the Seller. If any dispute arises in relation to the supply of an Item(s) (whether before or after payment has been made to the Seller for proceeds of any sale) the dispute will be between the prospective buyer and the Seller and I acknowledge and agree JUSTBIDLIVE.COM will be excluded from any subsequent action or court proceedings. If JUSTBIDLIVE.COM is subsequently included in any such action or proceedings, I agree to indemnify JUSTBIDLIVE.COM for any liability or costs incurred by JUSTBIDLIVE.COM in relation to such action or proceedings, except to the extent caused or contributed to by the negligence of JUSTBIDLIVE.COM
2. REGISTRATION OF BIDDERS
2.1 Bidders must be registered to participate in Sales.
2.1.1 A person may not participate in a Sale as a Bidder at an Auction or by submitting a Tender unless the person is a Registered Bidder under clause 2.2.
2.2 Applications for Registration
2.2.1 You may apply to JUSTBIDLIVE.COM to become a Registered Bidder to participate in Sales by completing the online registration form.
2.2.2 By submitting an Application to JUSTBIDLIVE.COM, You represent and warrant to JUSTBIDLIVE.COM that all information provided by you to JUSTBIDLIVE.COM is absolute and accurate.
2.2.3 JUSTBIDLIVE.COM may accept or reject an Application in its absolute discretion by notice to you. If JUSTBIDLIVE.COM accepts the application, you become a Registered Bidder for the purposes of this Agreement.
2.2.4 JUSTBIDLIVE.COM will require you as a Registered Bidder to provide your credit card details before providing you access to the Online Sales System. You are required to maintain current credit card details while you are a Registered Bidder.
2.2.5 You acknowledge that JUSTBIDLIVE.COM may in its sole and unfettered discretion carry out a Document Verification Service check on personal identifiers supplied by you at any time during or after the registration process through any of JUSTBIDLIVE.COM third party service providers (DVS Check).
2.2.6 in accepting these terms and conditions, you give consent and authority for JUSTBIDLIVE.COM to carry out a DVS (DOCUMENT VERIFICATION SERVICE) Check on Your personal identifiers for the purposes of verifying Your identity or information supplied by You in the Application.
2.2.7 You acknowledge that JUSTBIDLIVE.COM is reliant at all times on information provided by You and nothing by way of JUSTBIDLIVE.COM conducting a DVS Check limits in any way Your obligation to provide correct and accurate information pursuant to these Terms and Conditions.
2.2.8 In the event a DVS Check results in a failure of matching results between the information supplied by you and the results of the DVS Check, JUSTBIDLIVE.COM may in its sole and unfettered discretion exercise its immediate termination rights as set out in clause 7.
2.2.9 If the Registered Bidder fails to comply with any of the terms and conditions, JUSTBIDLIVE.COM reserves the right to be reimbursed for all costs, fees and charges pertaining to an Online Sale reasonably incurred by JUSTBIDLIVE.COM. JUSTBIDLIVE.COM may, apply these costs, fees and charges against the credit card details provided in clause 2.2.4. In the event a credit card is not available, JUSTBIDLIVE.COM is entitled to be paid any costs, fees and charges pertaining to the Online Sale reasonably incurred by JUSTBIDLIVE.COM on demand.
2.2.10 Registered Bidders have access to the Website and the Online Sales System for the purpose of participating in a Sale only and provided they comply with this Agreement at all times.
2.3 Use of login and password If JUSTBIDLIVE.COM provides You (or an individual who You nominate) with a login and password to use the Online Sales System You:
2.3.1 Acknowledge that the login and password are for the personal use of the named entity;
2.3.2 Agree to maintain the confidentiality of the login and password both separately and as a pair;
2.3.3 Agree not to disclose the login or password to any other person;
2.3.4 Agree, where a login and password are provided to an individual at your request, to ensure that the individual complies with clauses 2.3.1 to 2.3.4;
2.3.5 accept full responsibility and indemnify JUSTBIDLIVE.COM for any expenses, loss, damage, costs, demands or liabilities incurred by JUSTBIDLIVE.COM directly or indirectly, out of or in connection with, the use, including (without limitation) any improper or unauthorized use of the login and password except to the extent caused by the negligence of JUSTBIDLIVE.COM;
2.3.6 agree to only access the Website and Online Sales System for legitimate and lawful purposes and in accordance with any instructions or directions given to You on the Website or Online Sales System from time to time; and
2.3.7 Agree and acknowledge that JUSTBIDLIVE.COM may, in its absolute discretion, withdraw or restrict your access to the Website or Online Sales System at any time and without reason, explanation or prior notice.
3 TERMS AND CONDITIONS OF SALE
3.1 Definition of Auction or Tender Sales Aforementioned to the commencement of the Sale Process for an Item, JUSTBIDLIVE.COM may nominate that the Item is for sale by Auction Sale or Tender Sale.
3.2 Auction Sales All Auction Sales conducted by or in conjunction with the Online Sales System are subject to the Online Auction Sales Terms and Conditions.
3.3 Tender Sales All Tender Sales conducted by or in conjunction with the Online Sales System are subject to the Online Tender Sales Terms and Conditions.
3.4 Registration All goods are sold as unregistered unless expressly stated to the contrary.
3.5 You must disclose to JUSTBIDLIVE.COM at the time of becoming a Registered Bidder and prior to any bidding, that there is an intention to purchase an Item for export purposes. Your ability to purchase an Item in this manner is at the discretion of JUSTBIDLIVE.COM and subject to the Seller’s consent. In the event this type of purchase is permitted you are required to comply with all legislated disclosure requirements and JUSTBIDLIVE.COM’s reasonable directions.
3.6 Seller will defend, at its own expense, any action against Buyer brought by a third party to the extent that the action is based upon a claim that the Products infringe any GLOBAL. Patents or copyrights, or misappropriate any trade secrets, of a third party.
3.7 Seller will pay the costs and damages finally awarded against Buyer in any the action that are specifically attributable to the claim or those costs and damages agreed to in a monetary settlement of the action.
3.8 The foregoing obligations are conditioned on Buyer (i) notifying Seller promptly in writing of the action, (ii) making no admission of liability and giving Seller sole control of the defense thereof and any related settlement negotiations, and (iii) cooperating and, at Seller’s request and expense, assisting in the defense.
3.9 If the Products become, or in Seller’s opinion are likely to become, the subject of an infringement claim, Seller may, at its option and expense, either (i) procure for Buyer the right to continue using the Products, (ii) replace or modify the Products so that they become non-infringing, or (iii) accept return of the Products and refund Buyer the amounts actually paid by Buyer to Seller for the Products.
3.10 Notwithstanding the foregoing, Seller will have no obligation with respect to any infringement claim based upon any: (I) misuse or modification of the Products by Buyer (ii) use of the Products in combination with other materials, goods, products, or services for which the Products were not intended to be used, (iii) failure of Buyer to implement any update provided by Seller that would have prevented the claim, (iv) Products that Seller made to Buyer’s specifications or designs.
4. SUSPENSION OF SERVICE
4.1 No Warranty or Representation of Availability
JUSTBIDLIVE.COM expressly disclaims any representation or warranty that the Online Sales System will be available for use by You at all times or at any particular time, during and for the duration of any particular Sale Process or at all.
4.2 Interruption to Service during Sale Process
If the Online Sales System is interrupted (either generally or to a particular Bidder(s) or person(s)) for any reason during a Sale Process (whether by way of suspension by JUSTBIDLIVE.COM under clause
4.3 Or otherwise) JUSTBIDLIVE.COM may, but is not obliged to, declare the Sale Process void and recommence the Sale from the beginning.
4.3 Suspension of Service
4.3.1 JUSTBIDLIVE.COM may from time to time suspend the provision of the Online Sales
4.3.2 Where possible, JUSTBIDLIVE.COM will notify You in advance of the time and duration of any suspension of the Online Sales System, but does not represent or warrant that it will do so on every occasion, on any particular occasion or any occasion at all.
5. LIABILITY AND INDEMNITY
5.1 Necessary Authority
If you make use of the Online Sales System, whether for you or another person, you acknowledge and warrant to JUSTBIDLIVE.COM that:
5.1.1 You have the full right to engage in the transactions you carry out;
5.1.2 You will be liable for all costs, fees, charges and other amounts which may become payable to JUSTBIDLIVE.COM or any other person as a result of the use of the Online Sales System;
5.1.3 You are properly authorized to provide JUSTBIDLIVE.COM with any information which you provide;
5.1.4 You are not breaching any obligation of confidence or any requirement of any applicable law relating to the privacy of Personal Information by providing the information to JUST BID LIVE; and
5.1.5 All information you provide to JUSTBIDLIVE.COM is true and complete to the best of your knowledge.
5.2 JUSTBIDLIVE.COM shall not be responsible for any damage to property or injury to persons incurred during the removal of Items except to the extent caused by the negligence of JUST BID LIVE.
5.3 Subject to clause 5.5, the Registered Bidder is not entitled to cancel any transaction on the basis that the Items were not accurately described.
5.4 Subject to clause 5.5, all Items, having been made available for inspection prior to Sale, are offered for sale ‘as is, where is’ with all faults (if any).
5.5 NO EXCLUSION OF LEGISLATION
To the full extent permitted by law, and notwithstanding the contents of or any description given in any catalogue, advertisement by JUSTBIDLIVE.COM, all conditions, warranties, guarantees (including without limitation as to the condition, quality, fitness for purpose, merchantability or compliance with description of an Item), rights, remedies, liabilities and other terms implied or imposed on JUSTBIDLIVE.COM by statute, custom or the common law are excluded from this Agreement. If a supply under this Agreement is a supply of goods or services to a consumer within the meaning of the Global Consumer Law, nothing contained in this Agreement excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Global Consumer Law, provided that, to the extent that the Global Consumer Law permits any user of the JUSTBIDLIVE.COM to limit its liability, then its liability shall be limited to:
5.5.1 in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
5.5.2 in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
5.6 You acknowledge that You are responsible for conducting a search of the Personal Property Securities Register (PPSR) maintained pursuant to the Personal Property Securities Act 2009 (Cth) (PPSA) to ascertain whether any security interests and write off notifications are recorded in relation to the Item.
5.7 You acknowledge that any information provided by JUSTBIDLIVE.COM in relation to any Items reflects the information provided to JUSTBIDLIVE.COM by the Seller, and, JUSTBIDLIVE.COM has not independently verified its completeness or accuracy. JUSTBIDLIVE.COM does not give any warranty as to the completeness or accuracy of any information provided to You about any sale of Items, including without limitation any information, JUSTBIDLIVE.COM will not be liable for any loss, damage, cost or expense suffered or incurred by a buyer arising out of incorrect or incomplete information. You agree to independently verify any information which is important to your purchasing decision.
5.8 You acknowledge and agree that catalogues may be subject to change and update from time to time. JUSTBIDLIVE.COM reserves the right to withdraw Items from sale and to clarify any product descriptions prior to the commencement of bidding at auction.
5.9 LIMITATION OF LIABILITY
5.9.1 To the full extent permitted by law and subject to clause 5.5, neither the Seller nor JUSTBIDLIVE.COM will be liable for any loss, damage, cost or expense suffered or incurred by a buyer arising out of the sale and purchase of an Item except to the extent caused by the negligence of JUST BID LIVE, or a breach of this Agreement by JUSTBIDLIVE.COM.
5.9.2 Subject to clause 5.5, You agree and acknowledge that no member of the JUSTBIDLIVE.COM accepts any liability or responsibility to You or any third party arising from any indirect or consequential loss, damage or expense of any kind or nature and You release and forever discharge of the JUSTBIDLIVE.COM from any such liabilities and any claims, demands or causes of action in respect thereof.
5.9.3 Subject to clause 5.5, no member of the JUSTBIDLIVE.COM Group accepts any responsibility for any interpretation which may be placed upon the information provided to you.
5.9.4 Subject to clause 5.5, any deficiency in the Items sold shall not vitiate the sale, but neither the Seller nor JUSTBIDLIVE.COM shall be bound to deliver more than is in their possession.
Subject to clause 5.5, You agree to indemnify each member of the JUSTBIDLIVE.COM Group for the full amount of any claim, suit or demand and all costs of such a claim, suit or demand (including, without limitation, legal costs on a full indemnity basis) made by You or any other person in relation to a Sale or Your use of the Online Sales System or the Website. This clause 5.10 survives termination of this Agreement for any reason and does not merge upon completion.
5.11 Circumstances beyond JUSTBIDLIVE.COM Group’s reasonable control
No member of the JUSTBIDLIVE.COM Group is responsible for or otherwise liable for any delay in, or failure of, performance to the extent that any delay or failure is due to circumstances beyond its reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
6.1 JUSTBIDLIVE.COM protects the privacy of individuals in accordance with the Privacy Act 1988 (Cth) (Privacy Act).
6.2 You agree that you will only collect, hold, use, disclose or otherwise deal with any personal information (as defined in the Privacy Act) (Personal Information) disclosed to You by JUSTBIDLIVE.COM or the Seller for the purpose in which it was disclosed.
6.4 It is not likely that the Personal Information collected at the time of registration and/or updated by you hereafter and otherwise collected in connection with this Agreement will be disclosed to any third parties located overseas.
6.5 If the Personal Information requested at the time of registration is not provided, you may not be able to bid or purchase Items from JUSTBIDLIVE.COM website at anytime
6.7.1 Access and correct the Personal Information held about them by JUSTBIDLIVE.COM;
6.7.2 Complain to JUSTBIDLIVE.COM about a breach of privacy and how JUSTBIDLIVE.COM will deal with such a complaint.
7.1 Termination by JUSTBIDLIVE.COM
7.1.1 JUSTBIDLIVE.COM may terminate this Agreement and cease to provide access to the Online Sales System to You for convenience by giving reasonable notice to you.
7.1.2 Without limiting any other right of JUSTBIDLIVE.COM, JUSTBIDLIVE.COM may terminate this Agreement:
(a) Immediately if JUSTBIDLIVE.COM reasonably suspects you have engaged in fraudulent or illegal conduct in relation to the auction;
(b) Subject to clause 7.1.2(a), if you breach this Agreement and:
i. fail to rectify the breach as directed by JUSTBIDLIVE.COM within a reasonable time period specified by JUSTBIDLIVE.COM (which need not be more than 2 Business Days); or
ii. The breach is incapable of remedy.
7.2 Termination by You You may cease to remain a Registered Bidder by notice in writing by email via the website account or by mail to JUSTBIDLIVE.COM, provided that you do not have any active or outstanding Bid or Tender in the Online Sales System. Any purported termination of this Agreement by You does not release you from, or affect, any accrued obligation under this Agreement.
7.3 Consequences of Termination
Upon termination of this Agreement:
7.3.1 You must immediately cease to use the Online Sales System;
7.3.2 If the termination is for default by you, any amounts you owe to JUSTBIDLIVE.COM, whether under this Agreement or otherwise become immediately due and payable; and
7.3.3 You must destroy or delete any copy of the Online Sales System or any information collected from the Online Sales System in your possession or under your control.
8.1.1 JUSTBIDLIVE.COM may give you notice of any matter or thing required or permitted to be notified to you under this Agreement by either:
(a) Sending you an email to an electronic mail address nominated by you; or
(b) Posting the notice to the Website.
8.1.2 Such notice takes effect and is deemed served from the time the electronic mail message leaves the JUSTBIDLIVE.COM system or is visible on the Website, as the case may be.
8.2 Governing Law
Except to the extent any specific State, Territory or Commonwealth laws applying to the sale of particular Item, this Agreement shall be governed by and construed in accordance with the law for the time being in force in Sydney/International and the parties submit to the non-exclusive jurisdiction of the courts of Sydney/International.
8.3 Personal Knowledge
A reference to a matter being to the knowledge of a person means the matter is to the best of the knowledge and belief of the person after making proper enquiry including enquiry which a reasonable person would be prompted to make by reason of knowledge of a fact.
If any provisions of this Agreement are found to be invalid or unenforceable, then that provision will be read down or severed and that invalidity or unenforceability does not affect the validity or enforceability of the other terms and conditions.
8.5 Whole Understanding
This Agreement represents the entire understanding between You and JUSTBIDLIVE.COM.
8.6 Variation of this Agreement
8.6.1 JUSTBIDLIVE.COM may amend this Agreement (including any fees charged by JUSTBIDLIVE.COM to You) at any time by giving You at least 30 days’ notice, either by sending a notice of variation to your email or postal address (as set out at the time of your registration) or by posting the notice of the variation to the Website (Notice of Variation).
8.6.2 If You do not agree to be bound by the varied Agreement, You may, subject to clause 7, terminate this Agreement by notifying JUSTBIDLIVE.COM in writing within 30 days of the Notice of Variation.
8.6.3 If you do not notify JUSTBIDLIVE.COM within 30 days of a Notice of Variation that you wish to terminate this Agreement, You agree to be bound by the Agreement as varied.
8.7 Waiver and Exercise of Rights
8.7.1 A single or partial exercise or waiver of a right relating to this Agreement does not prevent any other exercise of that right or the exercise of any other right.
8.7.2 Subject to clause 5.5, no party will be liable for any loss or expenses incurred by another party caused or contributed to by the waiver, exercise, attempted exercise, failure to exercise or delay in the exercise of a right.
8.8 No Relationship
No party to this document has the power to obligate or bind any other party. Nothing in this document will be construed or deemed to constitute a partnership, joint venture or employee, employer or representative relationship between any of the parties.
8.9 Survival of Indemnities
Each indemnity in this document is a continuing obligation, separate and independent from the other obligations of the parties and survives termination of this document.
8.10 Enforcement of Indemnities
It is not necessary for a party to incur expense or make payment before enforcing a right of indemnity conferred by this document.
8.11 No Merger
The warranties, undertakings, agreements and continuing obligations in this document do not merge on completion.
8.12 Rule of Construction
In the interpretation of this document, no rule of construction applies to the disadvantage of the party preparing the document on the basis that it put forward this document or any part of it.
In this Agreement, a reference to a statute includes regulations under it and consolidations, amendments, re-enactments or replacements of any of them.
In these terms and conditions, unless expressed or implied to the contrary:
TTGVT5 means this document and includes all Schedules and Annexures to it.
Online Auction Sales Terms and Conditions means the terms and conditions under which Auction Sales under this Agreement will be conducted as set out in Annexure A.
Auction Sale means a sale or prospective sale by auction of an Item conducted by way of the Online Sales System in accordance with this Agreement including the Online Sales Terms and Conditions.
Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Bid: means an offer to purchase an Item at a specified price in an Auction Sale.
Bidder: means a person who has made or purported to make a Bid.
Business Day: means a day that is not a Saturday, Sunday, public holiday or bank holiday in ___, Australia.
Buyer Administration: Fee also referred to as Buyer Auction Fees means fees payable by Buyer on successful bid
Item means any good made available for purchase by Auction Sale or Tender Sale under the terms of this Agreement. .
Offer means a response to a Tender.
Online Sales Terms and Conditions: means the terms and conditions under which Auction Sales under this Agreement will be conducted as set out in Annexure A.
Online Sales System: means the online system used by JUSTBIDLIVE.COM to perform Sales online.
Online Tender Sales Terms and Conditions: means the terms and conditions under which Tender Sales under this Agreement will be conducted as set out in Annexure A.
Registered Bidder: means a person who has agreed to be bound by the terms of this Agreement and been accepted by JUSTBIDLIVE.COM to participate in Sales under clause 2.
Sale: means a sale, agreement to sell or prospective sale of an Item by Auction Sale or Tender Sale under this Agreement.
Sale Process: means the process by which an Auction Sale or Tender Sale is conducted until the successful buyer’s Bid or Tender (if any) is accepted by or on behalf of the Seller of the Item or the Item is withdrawn by JUST BID LIVE.
Security Interest: means ‘security interest’ as defined in the Personal Property Securities Act 2009 (Cth) and any regulations under that Act.
Seller: means the person selling an Item.
Tender: means an offer to purchase an Item at a specified price in a Tender Sale.
Tender Sale: means a sale or prospective sale of an Item by tender conducted by way of the Online Sales System in accordance with this Agreement including the Online Sales Terms and Conditions.
You and your: means the user of the website or the person using the Online Sales System including, without limitation, a Registered Bidder.
Website: means this Website, located at the uniform resource locator https://www.JUST BID LIVE.com and includes any part of this website.
GST: Goods and services taxes
ANNEXURE A – ONLINE AUCTION SALES TERMS AND CONDITIONS
Unless otherwise defined, a defined term in these Online Auction Sales Terms and Conditions has the same meaning given to it in the Terms and Conditions for Online Bidding & Sales.
CONDUCT OF SALE
1. Registered Bidders may submit Bids for Items offered for Auction Sale by proxy set prior to, or during the auction period Sales Process by using the Online Sales System. This is performed on this Website by submitting a “Submit Bid” request.
2. By submitting a bid at an auction, the Bidder accepts and agrees to be bound by this Agreement and any special conditions announced by the Auctioneer prior to the auction.
3. A Bid will only be accepted by the auctioneer if it is higher than the preceding Bid.
4. The Online Sales System may incorporate a proxy bidding facility. The proxy bidding facility allows Registered Bidders to enter a maximum Bid amount for a particular Item, and an incremental Bid amount which the proxy bidding facility will automatically submit, to the Online Sales System on the Registered Bidder’s behalf in response to a higher Bid submitted by another Bidder for that Item, until the maximum Bid amount specified by the Registered Bidder is reached.
5. Each Bid constitutes an irrevocable offer by the Bidder to purchase the Item at the specified price which may be accepted or rejected by the Seller or JUST BID LIVE. Once an official Bid has been made, it cannot be revoked and remains open for acceptance by the Seller or JUSTBIDLIVE.COM until the Sale Process is completed, despite any subsequent higher Bid being made.
6. All Bids submitted must be bona fide and must not be fixed or adjusted in collusion (or otherwise in accordance with any arrangement or agreement) with any third party (including but not limited to providing information relating to intended Bids or attempting to manipulate the Sale Process in any way, or otherwise contravene or attempt to contravene Part IV of the Competition and Consumer Act 2010 (Cth)).
7. A Bid is taken to be a representation and warranty by the Bidder that the Bid is a genuine offer to purchase the Item at the price specified. If any member of the JUSTBIDLIVE.COM Group becomes aware of any form of collusive activity by a Registered Bidder, JUSTBIDLIVE.COM may terminate the Registered Bidder’s right to participate in the Sale Process, or if the Registered Bidder’s Bid has been accepted by JUST BID LIVE, JUSTBIDLIVE.COM may terminate any contracts that were entered into by the Registered Bidder relating to the Bid.
8. The auction period for an Item is completed upon the acceptance and declaration by JUSTBIDLIVE.COM of the highest Bid, whether by fall of the hammer or otherwise at the time and date nominated for that Item in the Online Sales System (Auction Close).
9. The Bidder submitting the Bid which at the end of the auction period is accepted and declared the highest bid, will be the buyer at the price specified in the Bid, subject to Seller acceptance. If any dispute arises as to the last or highest Bidder, JUSTBIDLIVE.COM at its sole discretion, may auction or re sell the item again or negotiate with the next highest Bidder.
10. JUSTBIDLIVE.COM may hold a Bid and refer such a bid to the Seller before acceptance. JUSTBIDLIVE.COM reserves the right to further negotiate with the highest Bidder.
11. All Bid prices are GST inclusive unless the owner of the Items is not registered or required to be registered for GST (in which case no GST is payable on the sale of the Item). Items to be sold on behalf of owners not registered or required to be registered for GST will be separately identified in the Online Sales System.
12. JUSTBIDLIVE.COM may refuse to accept any Bid or withdraw any Item from the Auction Sale.
PAYMENT AND DELIVERY
13. All buyers must at the conclusion of the auction period pay the purchase price via the payment system Direct Debit, or Credit Card one Business Day after the sale (Completion). JUSTBIDLIVE.COM may deduct the deposit from the credit card provided at the time of registration. The deduction may occur immediately after the auction. If the Bidder fails to make full payment by 4.00pm one Business Day after the sale, JUSTBIDLIVE.COM may charge and the Bidder must pay to JUSTBIDLIVE.COM a reasonable late payment fee that reflects the costs incurred by JUSTBIDLIVE.COM as a result of the late payment.
14. In the case of non-payment of such deposit by a Bidder (Defaulter), the Item or Items may, at the option of JUSTBIDLIVE.COM, be auctioned or resold and JUSTBIDLIVE.COM may in its discretion, refuse to accept any Bid made by the Defaulter.
15. A buyer’s administration fee (also referred to as buyer auction fee) and other fees may be payable by the buyer on Items sold by JUSTBIDLIVE.COM. The buyer’s administration fee and other fees applicable to an Item are described in the Online Sales System. Where a fixed dollar amount is specified, the buyer’s administration fee and other fees are inclusive of GST. Where a percentage is noted, the buyer’s administration fee is inclusive of GST and will be calculated on the purchase price of the Item.
16. Stamp duty is to be paid by the buyers where and when applicable under the relevant law.
17. Title in the Item or any part thereof shall not be eligible to pass to the buyer until JUSTBIDLIVE.COM receives clear funds on the full payment for the Item from the buyer. Full payment is due and payable by 4:00pm one Business Day after auction. A failure to make full payment by 4:00pm one Business Day after auction may incur a late payment fee.
18. Risk of damage to, and loss or destruction of, the Item shall pass to the buyer immediately on the acceptance and declaration by JUSTBIDLIVE.COM of the highest Bid, whether by fall of the hammer or otherwise at the time and date nominated for that Item by JUST BID LIVE. Subject to clause 5.5, neither the Seller nor JUSTBIDLIVE.COM shall be accountable for any deficiency, damage or loss, which may arise thereafter.
19. The buyer will not be allowed to collect an Item or any part of an Item until JUSTBIDLIVE.COM has clear funds in accordance with paragraph 17 of this Annexure A. All Items must be removed from the nominated storage premises by the buyer no later than 4.00pm one Business Day after Completion. Storage charges (that reflects the costs incurred by JUSTBIDLIVE.COMas a result of the late collection) may apply on Items which remain uncollected after 4.00pm one Business Day after Completion.
20. The Registered Bidder is responsible for the payment of all delivery charges, if applicable.
21. If a Registered Bidder fails to comply with any of the terms and conditions in this Annexure A, any contractual right to be repaid for any money deposited by the Registered Bidder in part payment pursuant to paragraph 13 of this Annexure A shall be forfeited and all Items may be resold. The defaulting Registered Bidder will reimburse JUSTBIDLIVE.COM for all costs and charges consequent upon such resale.
22. At any time JUSTBIDLIVE.COM may, without any demand or notice, set off and apply any money deposited by the Registered Bidder pursuant to paragraph 13 of this Annexure A or any other indebtedness it owes to a Registered Bidder against any money owing to it by a Registered Bidder under this Agreement, whether or not the amount owed by JUSTBIDLIVE.COM or a Registered Bidder is immediately payable. The Registered Bidder irrevocably authorizes JUSTBIDLIVE.COM to do anything necessary for that purpose.
CANCELLATION DUE TO ERROR
23. JUSTBIDLIVE.COM has the right to cancel any purchase transaction due to error even if the purchase price of the Item has been paid. JUSTBIDLIVE.COM may exercise this right up until the time the buyer collects the Item(s). If JUSTBIDLIVE.COM exercises this right, JUST BID LIVE will refund to the buyer any purchase price that the buyer has paid.
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