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Conditions of Sale - {{ viewVars.auctionTitle }}
{{'General Conditions of Sale' | translate }}

The Bidder(s) and Highest Bidder Pty Ltd trading as Kearns Auctions and Valuations [known hereafter as Auctioneer(s)] agree that the terms listed below shall govern each and every online auction sale.

  1. All sales are subject to a Buyer's Premium per specific terms listed for each individual auction. Buyer must acknowledge and agree not to retract their purchase offer. Buyer shall be responsible for making all arrangements for merchandise pick-up and/or removal per specific terms or conditions listed for auction. Please note that some removal times are short, be aware of removal times when you bid.
  2. The descriptions of item/lots appearing in the auction and in advertising prior to the auction are believed to be correct. Nevertheless, neither those descriptions nor any oral statements made by Auctioneer or employees concerning any item/lot shall be construed as a warranty, either expressed or implied. ITEM/LOTS ARE ALL SOLD AS IS - WHERE IS – HOW IS and WITH ALL FAULTS, known, apparent, or otherwise. Bidder acknowledges that all item/lots were available for inspection prior to the auction and, by these terms, Auctioneer welcomes and encourages Bidders to carefully inspect each item/lot in which Bidders have any interest to determine the item/lot’s nature, quality, condition, quantity and size. All Bidders rely solely on their personal inspection and not on information listed on the Site or otherwise provided by. Bidder’s failure to inspect, or otherwise to be fully informed as to the nature, quality, condition, quantity and size of any item/lot will not constitute grounds for any claim, adjustment, refund, termination of the contract for sale, or refusal to complete the sale.
  3. Despite efforts to avoid the withdrawal of item/lots from the sale after they are listed it may sometimes be necessary. Auctioneer reserves the right to do so at any time before or during the sale. The Auctioneer reserves the right to reject any and all bids in their sole discretion.
  4. Buyer will be furnished an electronic receipt at the conclusion of the sale. Buyer must therefore provide Auctioneer with Buyer’s current, correct e-mail address, phone number, and Australia Post recognised complete and current mailing address.
  5. Merchandise becomes the full responsibility of Buyer at time of PAYMENT. Removal is at the expense, risk, and liability of the purchaser. Any buyer having someone, other than themselves, pick-up their purchases must notify the auctioneer in writing. Any items that are non-available from the auctioneer for any reason will be refunded at the rate of purchase. Auctioneer agrees that merchandise may remain on the sale premises for a period of time following the sale. The date by which all merchandise must be removed from the premises is posted on an auction-by-auction basis, on the specific auction page. After the final removal date, unless previous arrangements have been made, there will be a per day, per item/lot storage fee charged to the Buyer on any lots not fully removed at $10 per lot at the Auctioneer’s discretion. It is the responsibility of the buyer to completely remove any article purchased and should any part of any such article be abandoned, the buyer will be liable for any expense involved in its removal. Online bidders are required to provide a valid MasterCard or Visa in order to be approved to bid. This card will not automatically be charged without your written authorization, unless you fail to respond to our requests for payment. We reserve the right to charge your credit card for your purchases in the event of non-payment. Any purchases, whether paid for or not, will be considered abandoned if not picked up with 5 working days of the auction.
  6. Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless Auctioneer and their employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, costs and expenses (including reasonable attorneys’ fees and expenses) related to, arising from or associated with Buyers, their agents or representatives, use of the Site, including but not limited to personal injuries or property damage incurred on the sale premises or during removal and transport of any auction item/lots, and arising out of, based upon, or resulting from any breach or violation by Bidder of this Site User Agreement.
  7. This Site User Agreement constitutes a binding agreement between Bidder and Auctioneer until terminated by Auctioneer, which Auctioneer may do at any time, without notice, in Auctioneer’s sole discretion. If Bidder dissatisfaction occurs with the auction sale in any way, Bidder's only recourse is to immediately discontinue use of the auction Site. Auctioneer reserves the right to terminate Bidder’s registration and use of the auction Site, and impose limits on certain features of the auction Site or restrict Bidder’s access to, or use of, part or the entire Site without notice or penalty.
  8. Auctioneer cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted or error-free service or use of the Site. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. The Auctioneer, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any item/lots that were affected by any malfunction. The decision of the Auctioneer is final.
  9. Auctioneer gathers information about Bidders and Owner/Sellers for the purposes of conducting online auctions only. Auctioneer does not, and will not, sell or rent this information.
  10. Auctioneer uses email mailing lists to notify its customers about online and live auctions. If you are receiving a particular mailing and wish to discontinue receiving future mailings, simply forward the received email to admin@kearns.com.au to have your name promptly removed from our list.
  11. As a Bidder, placing a bid is a binding contract between you and the Owner/Seller/Auctioneer and the bid cannot be retracted. Once you place a bid, and if you win, you will be obligated to buy the product at the said price you indicated as your bid. Placing a bid on this Site, and winning, then not paying for the product could be illegal, and prosecution can result. The Owner/Sellers/Auctioneer of property sold through this Site reserve the right to reject any and all bids, in their sole discretion
  12. As a Bidder you are responsible for any bids placed under your bidding number and password. The security of your Bidder information is your sole responsibility as you, the Bidder, will be responsible for any and all bids placed under your number. If at any time you feel that your Bidder number and password have been compromised due to lack of security on your part you must notify Auctioneer immediately.
  13. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the content contained herein without Auctioneers prior, express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Site without prior, express written permission of the Auctioneer. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
  14. Access and use of any online auction site of kearnsauctions.com.au, (collectively the “Site”) is subject to any and all specific terms and conditions set forth on any individual page within the Site and the terms and conditions of this User Agreement (collectively “Site User Agreement”) and all applicable laws and regulations, including but not limited to copyright and trademark laws. All auction photos appearing on this site are owned by Kearns Auctions P/L . and not for use without express written permission. BY ACCESSING THIS SITE, YOU, THE BIDDER, AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS OF THE SITE USER AGREEMENT and to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Site. Legal action will be taken against anyone violating the terms and conditions of the Site User Agreement or any other applicable law or regulation. Auctioneer reserves the right to periodically change the terms and conditions of the User Site Agreement and it is the Bidder’s responsibility to periodically review.
  15. Prior to placing any bids, you will be required to register and enter valid credit card details. Should you be successful the total amount payable will be deducted from that credit card shortly after an invoice is sent to you at your registered email address held with us. Please ensure your registered credit card is active and transaction total will not exceed funds available. Should that payment decline for any reason you will be deemed in breach of contract and to have defaulted on this Agreement. The Seller and We may further offer the Item(s) to the next highest bidder, list the Item(s) in the next scheduled sale. You agree to waive all claims against Us and the Seller arising from this declined payment, whether it be an error from your bank, hardware error, software error, internet connection, insufficient funds or otherwise. Note: We will make attempts to contact you, giving you an opportunity to honour your bid, but Administration Fees will be payable to help cover related expenses.
  16. When purchasing using the Kearns / Auction Mobility platform your financial details are passed through a secure server using Stripe, Stripe has been audited by a PCI-certified auditor and is certified to PCI Service Provider Level 1. This is the most stringent level of certification available in the payments industry. To accomplish this, we make use of best-in-class security tools and practices to maintain a high level of security.