Equipment Dealer Direct Pty Ltd (ABN 71 645 496 466)

Terms and Conditions for Online Auctions

1. Introduction

1.1 Welcome to Equipment Dealer Direct Pty Ltd ("we", "us", "our"). These terms and conditions ("Terms") govern the use of our online auction platform ("Platform") for selling mining equipment, machinery, parts and other items.

1.2 By accessing or using our Platform, you agree to be bound by these Terms.

1.3 If you do not agree to be bound by these Terms , you must not use the Platform.

2. Eligibility

2.1 You must be at least 18 years old and legally capable of entering into binding contracts to participate in our auctions. You cannot register to bid if, for example, you are an undischarged bankrupt or are under a legal disability of some kind.

2.2 By registering, you warrant that all information provided on the Registration Form on the Platform is accurate. If any part of the Registration Form is incomplete you will not be registered to bid.

2.3 If you are registering to bid on behalf of a legal entity (other than yourself personally), such as a company, you personally warrant that the legal entity you are registering on behalf of has legally authorised you to register on its behalf. It is your responsibility to ensure you have the proper legal authority to do so.

2.4 You agree to provide us with proof of that legal authority if we request it. The proof we require will be at our discretion but may include a copy of written authorisation signed by the Company Directors or CEO or both.

3. Registration

3.1 To bid on Lots, you must register on the Platform and create an account.

3.2 You are responsible for maintaining the confidentiality of your account details (such as Username and Password) and all activities that occur under your account.

3.3 Any bid made under your account is deemed to have been made with your authority. Any claim made by you that a bid was unauthorised by you will not in any circumstances reduce your liability to pay us for the Lot in accordance with these Terms.

4. Auction Process 

4.1 Auctions are conducted online and are subject to start and end times as specified on the Platform.

4.2 We reserve the right to withdraw any Lot from an auction at any time or to cancel any auction at our absolute and sole discretion without providing any reason for doing so to registered bidders even if the auction has opened and bids have been received.

4.3 We are not liable for loss of profits or damages, and you will not claim we are liable for any loss of profits or for damages arising from any action we take in respect to the auction.

4.4 We give no warranty about the description of any Lot nor any warranty about the condition of any Lot nor any warranty about the suitability of any Lot for any purpose. You accept it is your responsibility to satisfy yourself that the Lot will suit you for your purpose before you bid for the Lot.

4.5 If you are the successful bidder you accept the Lot with any and all faults, hidden or otherwise.

5. Bidding

5.1 Bids must be placed through the Platform.

5.2 Bids are binding and cannot be retracted.

5.3 The highest bid at the auction's close will be the winning bid, provided it meets any Reserve Price set by us.

5.4 We reserve the right to reject any bid at our sole and absolute discretion.

5.5 If two bids are registered on the Platform for the same amount the first bid registered in time will be the successful bid.

5.6 If a bid is placed within thirty (30) seconds of the end time of the auction for a Lot, then the end time for bidding for that Lot, will be extended by thirty (30) seconds to allow other bidders to make bids. The end time will continue to be extended for thirty (30) second periods until thirty (30) seconds passes without a bid being made for that Lot and then bidding will close.

6. Payment

6.1 Winning bidders will be notified via email with payment instructions.

6.2 Unless otherwise agreed in writing, payment must be made in full within forty-eight hours of the auction closing.

6.3 Payment methods that are acceptable to us are included on the Platform.

6.4 Failure to make timely payment may result in cancellation of the sale and forfeiture of your right to the Lot.

6.5 In addition to the successful winning bid price you must pay to us the Buyers Premium.

7. Delivery and Collection

7.1 Lots are sold on an "as-is, where-is" basis.

7.2 The winning bidder is responsible for all costs and arrangements related to the collection and transportation of Lots.

7.3 We may, at our discretion, directly or through a related entity, be able to arrange delivery of heavy or bulky Lots. Such delivery, if arranged, will be a separate transaction with us or our related entity and will be at your cost and risk.

7.4 Lots must be collected within seven (7) days of us receiving payment confirmation. Any Lot not collected within this specified time, unless otherwise agreed, will be deemed to be abandoned and will be resold and no refund will be made to you.

8. Warranties and Representations

8.1 All Lots are sold on an “as-is" basis with no warranties or representations, express or implied, as to their condition, merchantability, or fitness for a particular purpose.

8.2 We do not guarantee the accuracy of descriptions or photographs of Lots on our Platform or any other media or website.

8.3 Details of dates, times and locations for inspections of all Lots will be available on the Platform and/or other advertised website. Please check these details and attend for inspection only at a specified time on a specified date and at a specified location to avoid being unable to inspect a specific Lot.

9. Liability

9.1 To the maximum extent permitted by law, we disclaim all liability for any loss or damage arising out of or in connection with the auction process or any Lot purchased through the Platform.

9.2 Our liability, if any, shall be limited to the amount paid for the Lot in question.

10. Privacy

10.1 We are committed to protecting your privacy. Please refer to our Privacy Policy at https://eddauctions.com/images/documents/EDD Auctions Privacy Policy.pdf  for details on how we collect, use, and protect your personal information.

11. Governing Law and Dispute Resolution

11.1 These Terms are governed by the laws of Western Australia.

11.2 Any disputes arising from or in connection with these Terms shall be resolved through negotiation in good faith. If unresolved, disputes shall be subject to the exclusive jurisdiction of the courts of Western Australia.

12. Amendments

12.1 We reserve the right to amend these Terms at any time. Any changes will be effective immediately upon posting on the Platform. Your continued use of the Platform constitutes your acceptance of the amended Terms.

13. Contact Information

13.1 If you have any questions or concerns about these Terms, please contact us at info@eddauctions.com 

Definitions

“Bid” means to offer a particular amount of money to buy a Lot at an auction knowing that other people may, after your bid, offer a greater amount of money for the same Lot and the highest bid for the Lot will be the only successful Bid.

“Buyer’s Premium” means an additional charge on top of the winning bid payable by the winning bidder. This additional charge will be expressed as a percentage of the winning bid. For example, if the Buyer’s Premium is 5 % and the winning bid is $100 then the total price to be paid by the winning bidder is $105, being $100 for the winning bid plus $5 Buyer’s Premium.

“Lot” means an item or set of items for sale at the online auction as described in the catalogue.

“Reserve Price” means the lowest price that will be accepted as a successful or winning bid. If the lowest price bid for a Lot is not equal to or higher than the Reserve Price the Item will be withdrawn from the auction and not sold. The Reserve Price, if any, for any Lot may or may not be disclosed on the Platform.