Terms and Conditions

1.     Definitions

Account means an account for access and use of the Website.

Act means the Auction Sales Act 1973 (WA).

Auction means an auction arranged by the Auctioneer by way of online Auction in which Lots are offered for sale to Bidders.

Auctioneer means Staxa Pty Ltd (ACN 651 790 751) and where relevant to the context includes the natural person licensed in accordance with section 8 the Act to conduct auctions for the benefit of Staxa Pty Ltd.

Australian Consumer Law or ACL means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the Fair Trading Act 2010 (WA).

Auto Bid means an automatic bid system implemented by the Auctioneer for use in an Auction which enables a Bidder to automatically place Bids up to a prescribed maximum Bid as set by the Auctioneer.

Bid means an offer to purchase a Lot at a specified price in an Auction.

Bidder means a Member that places a Bid.

Bidders Guide means the Auctioneers user guide for online auctions which is available to Members on the Website.

Bidder Registration Form means a prescribed form available on the Website, which is required to be completed by a person, and approved by the Auctioneer, prior to that person being entitled to place a Bid.

Buyer means a Bidder who has placed the winning Bid, which has been accepted by the Auctioneer.

Buyers Premium means the applicable fee payable by a Buyer for a Lot.

Claim means any claim, demand, legal proceedings or cause of action, however arising, including in any way relating to these Conditions or in law or equity, or under statute, for a remedy of any nature whatsoever, whether contingent, prospective, actual or otherwise.

Consumer means a “consumer” as that expression is defined in section 3 of the Australian Consumer Law.

Consumer Guarantees means the consumer guarantees in Part 3-2, Division 1, Subdivision A of the Australian Consumer Law.

Hardware means the mechanical and electronic components of a computer including monitor, keyboard and desktop or tower case.

Conditions means these terms and conditions.

GST means a tax payable under the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended.

Law means:

(a)          Acts, Ordinances, regulations, by-laws, orders, awards, proclamations of the Commonwealth, a State, a Territory or any other authority in Australia; and

(b)          certificates, licenses, consents, permits, approvals, and requirements of organisations having jurisdiction in connection with these Conditions.

Loss means any and all damage, loss, expense and cost (including legal costs), including any cost or expense relating to a Claim.

Lot means the Timber offered for sale.

Member means a person who has registered an Account for Auctions.

Minimum Increment means a minimum increment increase to the Bid price as set by the Auctioneer for Lot at Auction.

Related Bodies Corporate has the meaning given to that term in the Corporations  Act  2001 (Cth).

Reserve Price means a minimum Bid amount for a Lot as set by the Auctioneer below which a sale will not occur.

Seller means as the context requires, Wespine Industries Pty Ltd (ACN 052 954 337), other sellers as specified by the Auctioneer, or in the case of goods imported by the Auctioneer, Staxa Pty Ltd.

Timber means wood products with the properties and specifications as listed on the Website.

Website means the Auctioneer’s website, www.staxa.com.au, which is the location for Auctions.

2.     Interpretation

2.1         Headings in these Conditions are provided for convenience only and do not form part of these Conditions or affect its interpretation.

2.2         A clause in these Conditions must not be construed to the disadvantage of the Auctioneer merely because the Auctioneer was responsible for the preparation of these Conditions or any amendments thereto.

2.3         “Including” and similar expressions are not words of limitation.

2.4         You or your refers to the Bidder, Buyer and/or Member as the context requires.

2.5         Us, we or our refers to the Auctioneer or the Seller where the context requires.

2.6         To the extent there is any inconsistency between these Conditions and clause 4 (Registration), the terms contained in clause 4 will prevail, unless otherwise advised by the Auctioneer.

2.7         To the extent there is any inconsistency between the Conditions and any conditions listed on the Bidder Registration Form, these Conditions will prevail to the extent of the inconsistency.

3.     Auctions

3.1         The Auctioneer operates Auctions through its Website that enables Bidders to view, bid on and purchase Lots.

4.     Registration for and participation in an Auction

4.1         You must not participate in an Auction in any way whatsoever if you:

(a)          are under the age of 18;

(b)          are an undischarged bankrupt, insolvent or under external administration; or

(c)           lack legal capacity.

4.2         Failure to comply with these Conditions, will give the Auctioneer cause, at its sole and absolute discretion, to make void or cancel any Bid (including a winning Bid) on a Lot which you have made (if relevant).

4.3         In order to place a Bid in an Auction, a person must become a Member of the Website and complete a Bidder Registration Form.

4.4         To become a Member, you must first register an Account which must be registered in the name of an individual person and/or a business with an ABN.

4.5         A Buyer will be deemed to have entered into a contract for the purchase of the Lot with the relevant Seller as principal and notwithstanding that a Bidder may be acting on behalf of a third party, the winning Bidder will be deemed to be the Buyer and is liable for the purchase price of the Lot or Lots pursuant to these Conditions.

5.           Website terms of use

5.1         By becoming a Member:

(a)          you agree to be bound by these Conditions;

(b)          you warrant to the Auctioneer that all information required to be provided to the Auctioneer by you is true, complete, accurate and not misleading;

(c)           you agree to ensure your information is kept up to date; and

(d)          you agree that you are responsible for obtaining and maintaining all telephone, internet, Hardware and other equipment needed by you for access to and use of the Website to participate in an Auction.

5.2         A person may not, without the Auctioneer’s prior written consent, have more than one Account at any time.

5.3         The Auctioneer may in its sole and absolute discretion refuse to register an Account in relation to a person seeking to become a Member.

5.4         If the Auctioneer provides you with a login and password to use the Website and participate in an Auction, You:

(a)          acknowledge that the login and password are for the personal use of the named Member;

(b)          agree to maintain the confidentiality of the login and password and not disclose them to any other person;

(c)           agree that where a login and password are provided to an individual at your request, to ensure that the individual complies with clauses 5.4(a) and 5.4(b);

(d)          accept full responsibility and indemnify the Auctioneer for any Claim or Loss suffered or incurred by the Auctioneer directly or indirectly, in connection with, the use, including (without limitation) any improper or unauthorised use of the login and password, except to the extent caused by the negligence of the Auctioneer;

(e)          agree to only access the Website and participate in Auctions for legitimate and Lawful purposes and in accordance with any instruction or directions given to you on the Website or Auction from time to time; and

(f)            agree and acknowledge that the Auctioneer may, in its sole and absolute discretion, withdraw a Member’s access to the Website or Auction at any time without reason, explanation or prior notice.

5.5         You must not:

(a)          sell, transfer or assign your Account to any person without the express written consent of the Auctioneer;

(b)          post or transmit through the Website any language, image or material that violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, pornographic, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, gives rise to civil liability or otherwise violates any Law;

(c)           use the Website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Members to become subscribers of other on-line services;

(d)          place Bids or cause Bids to be placed on any Lot for the purpose of artificially increasing or otherwise manipulating the Bidding process or the Bid price of any Lot or influencing user behaviour on the Website or Auction;

(e)          interfere with the proper operation of the Website or an Auction, or place an unnecessary burden on the Auctioneer’s operating and computer systems or the Website;

(f)            register, Bid on or purchase Lots under a false name or username, impersonate another person or Member, use another Member’s password or use an invalid or unauthorised credit card. Should you use another Member’s details, or stolen or forged credit card, we will refer such information to the police and we may commence proceedings against you for any losses suffered as a result of such occurrence; and

(g)          upload, post or otherwise make available on the Website any information or material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.

5.6         The Auctioneer may in its sole and absolute discretion cancel your Account at any time and for any actual or suspected breach of these Conditions. If the Auctioneer cancels your Account, you may not, under any circumstances attempt to create a new Account without prior written consent and approval from the Auctioneer.

5.7         The Auctioneer may email you various notifications relation to the success of a Bid, the purchase of a Lot, delivery of a Lot and promotional material. The Auctioneer accepts no responsibility should you not receive any notifications.

5.8         You acknowledge that the Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and you  agree that the contents of the Website are the Auctioneer’s (or its licensor’s) intellectual property and use of that intellectual property  is strictly prohibited without the Auctioneer’s prior written consent.

5.9         The Auctioneer has the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, services, products, content, hours of availability, and equipment needed for access or use of the Website. The Auctioneer will not be responsible for any Loss you may incur as a result of this Condition.

5.10       You may request to cancel your Account by emailing the Auctioneer at support@staxa.com.au and the Auctioneer will cancel your Account as soon as reasonably practicable. However, the Auctioneer reserves the right to refuse to cancel your Account if there are any active or outstanding matters, including unpaid amounts, associated with your Account.

6.     Auctioneer as agent

6.1         Subject to clauses 7 and 8.4(b), the Auctioneer is acting as an agent for the Seller(s) and is not responsible for any default by or Loss suffered by a Buyer or a Seller in respect of a Lot or otherwise.

6.2         The Auctioneer acting as an agent for the Sellers makes no warranty or representation as to whether the Seller has good title to the relevant Lot or has the proper authority to sell the Lot.

6.3         The Buyer acknowledges that all Sellers instruct and authorise the Auctioneer to:

(a)          sell each relevant Lot as the Seller’s agent in accordance with these Conditions;

(b)          receive and hold all sale proceeds on the Seller’s behalf;

(c)           sign on the Seller’s behalf any documentation necessary for the transfer of ownership of the Lot to the Buyer; and

(d)          if relevant, allow a reasonable opportunity to Bidders to inspect a Lot prior to an Auction.

7. Auctioneer as Seller

7.1         The Auctioneer, in its capacity as a Seller, represents and warrants to a Buyer that:

(a)          it has good title to the Lot; and

(b)          it is authorised to sell the Lot.

8. No Seller or Auctioneer warranties

8.1         To the full extent permitted by Law, the Auctioneer does not warrant or guarantee:

(a)          that the Website and/or Auction has any technical performance, stability or capacity, or uninterrupted and continuous access available for you. The Auctioneer accepts no responsibility or liability for Loss arising from or related to any downtime or failure of the Website or an Auction; and

(b)          any record or information you provide to the Auctioneer will be preserved over time, or that the Auctioneer will be able to prevent or become aware of any illegal or inappropriate use of the Website or an Auction.

8.2         You should make your own enquiries about the value of a Lot and must not rely on any manufacturer’s recommended retail price, manufacturer’s original retail price or comparable retail price for a Lot, whether on the Website, in a catalogue or attached to any Lot (“retail prices”). Retail prices do not represent our estimate of the value of a Lot or the price that buyers have previously purchased items like or the same as the Lot.

8.3         Inspections

(a)          If a Bidder wishes to inspect a Lot prior to the conclusion of an Auction, Bidders must contact the Auctioneer to arrange an inspection of a relevant Lot(s).

(b)          It is a Bidder’s responsibility to satisfy itself of and the Auctioneer makes no warranty and as to the condition, nature and authenticity of a Lot.

8.4         Faults and Misdescription

(a)          To the extent permitted by Law, a sale shall not be invalidated by reason of:

(i)            any fault or defect in a Lot; and

(ii)           a Lot being incorrectly described in a catalogue, on the Website or elsewhere.

(b)          Subject to clause 8.4(b), neither the Seller or Auctioneer are liable to pay compensation to a Buyer for any fault, defect, error or misdescription in a Lot or part thereof or for any missing parts, genuineness or quality issues.

8.5         No exclusion of Law

(a)          To the full extent permitted by Law, and notwithstanding the contents of or any description given in any catalogue or the Website or other materials issued by the Auctioneer, 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 the Auctioneer by Law are excluded from these conditions.

(b)          Notwithstanding clause 8.4(a), if a supply under these Conditions is a supply of goods to a consumer within the meaning of the Australian Consumer Law, nothing contained in these Conditions excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the ACL, provided that, to the extent that the ACL permits the Auctioneer or Seller, as the case may be, to limit its liability, then its liability shall be limited to the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or a payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired, at the discretion of the Auctioneer or Seller.

9. Auctioneer and Sellers’ rights

9.1         The Auctioneer and the Seller reserve the following rights, which may be exercised by the Auctioneer in its absolute discretion without providing any reason:

(a)          to not offer for sale any Lot or part of any Lot described in a catalogue or on the Website;

(b)          to offer two or more of the Lots or part of any Lot described in a catalogue or on the Website as separate Lots for sale together as one Lot. Unless indicated otherwise, items in a Lot are not divisible and must be Bid on collectively;

(c)           if any Lots referred to in (b) are not sold to a successful Bidder the Auctioneer may offer them as separate Lots;

(d)          to withdraw any Lot from sale;

(e)          to refuse to accept a Bid from any person;

(f)            to refuse admission or to eject any person from the Auction;

(g)          to keep secret the existence and amount of any Reserve Price;

(h)          if any Buyer shall successfully Bid for more than one Lot at an Auction:

(i)            to appropriate any monies received from that Buyer in satisfaction or partial satisfaction of the purchase price due for any one or more of such Lots to the total or partial exclusion of amounts due for any other Lot as the Auctioneer shall see fit; and

(ii)           to elect at any time to treat the contract for the sale of each Lot as independent from each other or determine that any default under any such contract shall be default under all contracts;

(i)            to Bid on behalf of any Bidder with or without disclosure as authorised by the Act; and

(j)            if any Lot is not sold at the Auction, to offer to sell the same immediately after the Auction by private sale but otherwise subject to these Conditions.

10. Bidding

10.1         A Bid by a person shall be deemed as acceptance that a Bidder agrees to be bound by these Conditions, is satisfied with the condition of and all other information relating to the sale of a Lot and has intentions of entering into a legally binding agreement with respect to the purchase of a Lot at that Bid.

10.2         Each Bid constitutes an irrevocable offer by the Bidder to purchase the Lot at the specified Bid which may be accepted or rejected by the Auctioneer. Once a Bid has been made, it cannot be revoked and remains open for acceptance by the Auctioneer or the Seller until the Auction has concluded, despite any subsequent higher Bid being made.

10.3         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 relation to intended Bids or attempting to manipulate the Auction process in any way, or otherwise contravene or attempt to contravene Part IV of the Competition and Consumer Act 2010 (Cth).

10.4         A Bid is taken to be representation and warranty by the Bidder that the Bid is a genuine offer to purchase the Lot at the Bid specified. If the Auctioneer or Seller becomes aware of any form of collusive activity by a Bidder, the Auctioneer may terminate the Bidders right to participate in the Auction, or if the Bidders Bid has been accepted by the Auctioneer, the Auctioneer may terminate any contract that arises in relation to that winning Bid.

10.5         Subject to any Reserve Price (which may be removed or introduced at any time by the Auctioneer in its sole and absolute discretion), the Auction period for a Lot is completed at the time and date nominated for that Lot at the Auction.

10.6         Any time period or timing mechanism shown or referred on the Website, refers to the Auctioneer’s time, which is approximate to but may vary slightly from current official times and time periods in Western Australia.

10.7         Priority of Bids in an Auction will occur in the following order of precedence:

(a)          highest Bid price; then

(b)          highest Bid quantity (where relevant); then

(c)           earliest time the Bid is received by the Auctioneer.

10.8         Where there are multiple items or quantities in a Lot and an Auction allows you to specify a quantity, you may not lower your Bid quantity until your existing highest Bid is exceeded by another Bidder. However, if you are not the highest Bidder for the entire quantity of a Lot but are the highest Bidder for a lesser quantity of a Lot then the Auctioneer will recognise you as the winning Bidder and Buyer for that lesser quantity.

10.9         The Auctioneer may (but is not obligated to) contact you with an offer to enter further negotiations for the sale of the Lot if any Bid does not meet the Reserve Price.

10.10       If the Auctioneer accepts your Bid, you are obliged to complete the transaction as accepted by the Auctioneer including payment of the purchase price and any other monies payable in accordance with clause 13.

10.11       Absentee Bids

(a)          If you wish to make an absentee Bid for an Auction this may only be done through your Account as a Member and following the procedures specified on the Website by the Auctioneer for an Auto Bid.

(b)          Absentee Bidders agree to be bound by these Conditions and acknowledge that whilst every care is taken in executing absentee Bids and written instructions, the Auctioneer accepts no responsibility for errors.

(c)           If you complete the necessary absentee forms or use Auto Bid, you acknowledge and agree to be bound by clauses 10.1 to 10.10 in respect of any Bid.

10.12       Anti-Snipe Feature

All Auctions have an ‘anti snipe’ feature which means that, if a Bid is made within the last 5 minutes of an Auction, the Bidding time will be extended. This is to reduce instances where Bidders ‘snipe’ during the last minutes of an Auction.

10.13       Dispute as to Bid

If a dispute arises as to any Bid, the Auctioneer shall, in its sole and absolute discretion, either determine the dispute immediately or resume the bidding at the last undisputed Bid. A dispute may only be raised by a Bidder prior to the Auctioneer accepting the highest Bid at the conclusion of an Auction.

11. Freight costs

11.1         Unless otherwise stated in the Auction description, freight costs will be included in the Bid price for a Lot at Auction to Perth, Adelaide, Melbourne, Sydney and the South West of Western Australia.

11.2         The Auctioneer may provide freight costs on request for specific locations outside of those named in clause 11.1.

12. Goods and services tax

12.1         Unless otherwise stated by the Auctioneer in writing, GST is excluded in a Bid and/or the “buy it now” price advertised for a relevant Lot.

12.2         GST will be added to the final invoice for payment of a Lot.

13. Payment for Lots

13.1         Payment

(a)          Payment for Lots must be in accordance with 13.1 unless the Lot Description states that Wespine account holders may settle on account.

(b)          The Auctioneer will raise an invoice at the completion of each Auction for the Buyer which will include GST payable for the Lot(s)         

(c)          The Buyer will not be entitled to possession of or access to the Lot until the purchase price and all other monies payable have been paid in full.

(d)           All payments must be cleared into the Auctioneer’s nominated bank account within 5 business days after the close of the Auction.

(e)          Title to the Lot will pass to the Buyer upon the receipt of cleared funds into the Auctioneers nominated bank account for all monies owed in respect of the Lot.

14.            Lot at Buyer’s risk

14.1         At the conclusion of an Auction:

(a)          Subject to clause 15, from the conclusion of an Auction, risk attaching to a Lot passes to a Buyer.

(b)          Subject to clause 8.5, and to the maximum extent permittable by law, the Auctioneer and the Seller will not be liable for any deficiency, damage or Loss which may occur following an Auction and it is recommended insurance be taken out by the Buyer to cover any potential Loss.

15.            Delivery of Lots

15.1         Delivery

(a)          Subject to clause 13.1, the Auctioneer will arrange for the delivery of Lots to the Buyer with its own external transport provider.

(b)          Buyers acknowledge that they have read and understood the Bidders Guide with respect to space requirements for delivery of a Lot(s).

(c)           The Auctioneer and its transport contractors reserve the right to refuse entry and unloading to any area specified by the Buyer for delivery it considers to be unsafe or not fit for unloading.

(d)          To the extent permitted by Law, delayed delivery of a Lot(s) does not entitle the Buyer to:

(i)            refuse to take delivery of a Lot(s); or

(ii)           claim Loss.

(e)          The Auctioneer must ensure that the Lot(s) are, unless specified otherwise on the Website, are properly packed and secured in a manner to enable them to reach their delivery location in good condition.

(f)            The Auctioneer is not liable for any failure or delay to deliver a Lot(s) to the extent that the failure or delay is caused by the Buyer’s failure to comply with its obligations under these Conditions.

15.2         Buyer arranges delivery

(a)          Where a Buyer arranges delivery of a Lot(s):

(i)            the Buyer shall remove (at its own cost) the Lot from the Auctioneer’s or Seller’s premises (where relevant), during and within the timeframe specified by the Auctioneer or the Seller as the case requires;

(ii)           the Auctioneer reserves the right to refuse entry and loading to any truck or vehicle it considers to be unroadworthy or not fit for purpose; and

(iii)         the Buyer is responsible for the expense and risk of the removal of a Lot and for any damage to property or injury to persons caused by the Buyer, their agents or employees that occurs during the removal of a Lot.

(b)          A Lot or any part thereof which a Buyer does not remove within the timeframe specified by the Auctioneer may thereafter be moved or removed by a party engaged by the Auctioneer and stored at the Auctioneers site or elsewhere.

(c)           The removal and storage (including fees charged by the Auctioneer or Seller for storage on their premises or elsewhere) shall be deemed to be made at the request of the Buyer and all costs incurred or charged by the Auctioneer and or Seller, shall be recoverable by the Auctioneer and or Seller as a debt immediately due and payable by the Buyer.

(d)          The Auctioneer or Seller will not be responsible for any Loss or damage due to removal or storage.

(e)          The rights granted to the Auctioneer and Seller in this clause are in addition to and not in substitution for the rights set below in clause 16.

(f)            If a Buyer fails to remove a Lot purchased after seven (7) business days from the Auctioneer’s or Seller’s receipt of payment, the Auctioneer may resell the Lot to recover any outstanding fees owed by the Buyer.

16.            Buyer’s default

16.1         If the Buyer fails to comply with any of these Conditions, any payment and additional monies paid shall be forfeited without notice to the Buyer. The Lot for which the default has been made may be resold by public or private sale or disposed of, if the Auctioneer determines it is no longer of commercial value.

16.2         The defaulting Buyer shall be liable for and pay all expenses arising from the default including the cost of any removal, storage, warehousing, advertising, commission and resale.

16.3         The defaulting Buyer shall be liable for any difference in the price which is lower between the initial winning Bid and the winning resale Bid or other sale amount and such amounts shall immediately become due and payable by the Buyer to the Auctioneer or Seller.

16.4         The Auctioneer is also entitled to recover from the Buyer:

(a)          any expenses and charges incurred by the Auctioneer in connection with or incidental to the resale, including removal, storage or for recovering the moneys owing;

(b)          any applicable commission amount; and

(c)           any applicable sales tax or any other government tax, impost or fee relating to or arising from the sale of the Lot or part thereof.

16.5         You authorise the Auctioneer (acting reasonably) to process any amounts referred to in this clause 16 against your credit card provided to the Auctioneer to put the Auctioneer or Seller back into the position it would have been but for the default.

17.            Limitation of liability

17.1         Without limiting any other clause in these Conditions, and to the extent permitted by Law, the Auctioneer is not responsible for and accepts no liability for any Loss related to a failure to receive, accept or process your Bid due to any timing or technical issues.

17.2         It is your responsibility to monitor each Auction you have Bid on, including as an absentee Bidder or when using Auto Bid, to determine if you are the winning Bidder. If you are the winning Bidder, the Auctioneer will attempt to email you notification of this to the email address provided by you.  However, the Auctioneer accepts no responsibility or liability if this notification is not received or read by you and you are not released from the purchase by any failure to receive or read such notification.

18.     Indemnities

10.1       Subject to clause 8.5, and not including any Loss that cannot be excluded by Law, you agree to indemnify each of the Seller or Auctioneer, as the case may be, for the full amount of any Loss(including without limitation, legal costs on a full indemnity basis) made by you or any other person including but not limited to a Lot, your Account, use of the Website for Auction, your breach of any third party rights including and not limited to infringement of intellectual  property rights and invasion of privacy. This clause 18.1 survives termination of any contract.

10.2       Neither the Seller or the Auctioneer, as the case may be, 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.

19.         General

19.1       Other than statutory rights provided to you by Law, these Conditions constitute the entire agreement between you, the Auctioneer and the Seller with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings between you and the Auctioneer, whether written or oral.

19.2       The Auctioneer’s or the Seller’s failure to enforce the strict performance of any provision of these Conditions will not constitute a waiver of the that party’s right to subsequently enforce such provision or any other provisions of these Conditions.

19.3       Unless indicated otherwise, all references to monetary amounts are to Australian dollars and all payments pursuant to these Conditions must be made in Australian dollars.

20.         Time of be of the essence

20.1       Time shall be of the essence in the sale of any Lot and in the performance of these Conditions.

21.         Governing law

21.1       These Conditions are governed by the laws of Western Australia. You agree to submit to the exclusive jurisdiction of the courts of Western Australia.

22.         Severance

22.1       If any part of these Conditions is, or becomes, void or unenforceable, that part is, or will be, severed from these Conditions so that all parts are not, or do not become, void or unenforceable remain in full force and effect and are unaffected by that severance.

23.         Amendments and changes

23.1       The Auctioneer reserves the right, in its sole discretion, to amend these Conditions at any time, which amended Conditions shall be immediately binding upon you in respect of any Auction you participate in after having been given reasonable prior notice of those amendments.

23.2       You agree that you will be deemed to have reasonable notice of any amendments to these Conditions once  the  Auctioneer has  posted them on its Website or notified you by email, conventional mail or by any other means which the Auctioneer deems appropriate.

23.3       You agree that your continued use of your Account and/or any steps taken by you to complete a Bidders Registration Form after such notice or posting will be taken as your acceptance of the amended Conditions.

24.         Privacy and disclosure

24.1       The Auctioneer will comply with all legislative requirements in relation to the privacy of personal information.

24.2       Unless otherwise authorised in writing by the Auctioneer, you agree not to use any information regarding other Bidders which is accessible from the Website or disclosed to you by the Auctioneer except to enter into and complete transactions related to an Auction. You agree not to use any such information for the purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy or conduct that is otherwise objectionable or inconsistent with privacy requirements.

24.3       To the extent permitted by Law, the Auctioneer is hereby authorised to monitor and investigate any activity and content on or associated with the Website. This includes any reported violation of its policies or any complaints and take any action it deems appropriate including but not limited to:

(a)          issuing warnings, suspension or termination of an Account;

(b)          denying access; or

(c)           removal or editing of anything posted on the Website.

24.4       The Auctioneer reserves the right, but is not obliged, to report any activity it reasonably suspects violates any Law to appropriate law enforcement officials, regulators, or other third parties. Furthermore, in doing so the Auctioneer may access and disclose any information it considers reasonably necessary or appropriate, including, without limitation, Member or Bidder contact details, IP addresses and traffic information, usage history and posted content