Please read these Terms and Conditions carefully. Upon completion and submission of your registration details (and for all bidding conducted by you under those details), you are deemed to have accepted, and will be bound by these Terms and Conditions, as amended and varied from time to time.

We reserve the right to change these Terms and Conditions from time to time. We recommend you review these periodically to check for any changes.

We may suspend or terminate your account if you are suspected or found to have engaged in fraudulent activity in connection with the Site.

Registration

You must register your details with us to use this service (your “Account”). Registration is free and does not oblige you to purchase anything.

You agree that you will not, in registering for and using the Service, use a false or misleading name or give false or misleading information, and notwithstanding which, your obligation to purchase as a Winning Bidder shall not be abrogated by reason of the provision by you of any false or misleading information.

Eligibility to Participate

You must be able to form legally binding contracts to use the Service. This means that if you are under 18 years of age or otherwise legally prohibited from entering into binding contracts, you must not use the Service.

Your Obligations As Bidder

When you use the Service and bid on an item during an online auction conducted on our Site, you are making an offer to buy the item at your bid price. If your bid price is the Winner’s Bid Amount, you will be the Winning Bidder and are obliged to purchase the item you have bid for and pay the Winner’s Bid Amount, plus any additional charges that you may be obliged to pay.

It is your responsibility to read the Product Information and Sale Overview about any item we post for auction on the Site. Please do not rely solely on the title summary or any photographs of the item posted on the Site for a complete description of an item. You must not assume that the description or photograph of the item in any way offers an opinion or an assessment of the suitability of an item for you. If a photograph is provided, please use it as a guide only.

Please make sure you understand the delivery and payment terms, including any addendum to those terms and conditions as outlined in the item’s description or in the Sale Overview. Note that a Buyer’s Premium, and other charges including a delivery fee, will apply to most online auctions.

You must not engage in bid manipulation. Bid manipulation is any practice which unfairly induces other users to make bids or controls the bid price. This includes (but is not limited to) bidding in a way that pulls other bidders to their maximum bid, [retract the high bid], and then re-bid at a small increment above the legitimate high bidder or employ Shill Bidding, (being the use of secondary registrations, associates or aliases to artificially raise the bidding on an item). Buyers are also prohibited from communicating with each other for the common purpose of manipulating the final purchase price of an item.

Your Obligation To Pay

If you are the Winning Bidder on an online auction, you must pay:

1 The Winners Bid Amount; and

2 The Buyers Premium; and

3 Any Delivery Fees agreed to; and

4 Any Storage Fees per lot per day should items not be collected within the 72 hour collection period.

Title of Goods does not pass to the successful bidder until full payment for same is made.

Notwithstanding that a Winning Bidder may have been notified of their placement of the Winner’s Bid Amount, we may at our sole discretion choose to withdraw and not proceed with completion of the sale of the item in circumstances including (but not limited to) where:

1 The credit card payment is not processed in the first run due to card entry errors (including an incorrect or expired card expiry date) made by the Winning Bidder;

2 There are insufficient funds/ the credit limit is insufficient to cover the sum of the Invoice Amount or if the Invoice Amount exceeds $5,000;

3 If the Winning Bidder fails to make payment of the Invoice Amount into a bank account nominated by us within 72 hours of the Winning Bidder placing the Winner’s Bid Amount; or

4 We are unable to contact the Winning Bidder for any reason.

If you fail to comply with any of these Terms and Conditions, any monies which you paid to us upon deposit on account of any purchases of an item shall be forfeited absolutely and we shall be at liberty to take legal action for recovery of the balance of the Invoice Amount and any other amounts as may be owing to us pursuant to these Terms and Conditions.

The Online Auction Process

You may bid:

1 by placing a normal bid; or

2 through Proxy bid.

If you bid at an online auction using Proxy bid, you are responsible for monitoring the online auction in which you are participating and acting in the auction by instructing Proxy bid with your bids.

Proxy bid will always start at the bid increment above the starting bid or the current highest bid. If you want to match a current or starting bid you must submit a normal bid.

If you do not leave a Proxy bid amount, the bid amount that will appear when you submit a normal bid will apply.

An online auction will start at the specified time and bidding will start at the nominated minimum starting price.

All bids placed at an online auction must be made on a per-item basis, and may only be increased by multiples of the posted bid increment.

The auction closes at the end of the time period specified Due to circumstances beyond our control, the Refresh Period may vary from time to time by a number of seconds. AuctionBlue accepts no responsibility for any circumstances or incidents arising as a result of any slight variations that may occur in the Refresh Period.

Processing and Technological Errors

In the event of errors in processing and/or Site downtime or any other errors or delays caused to the Site and/ or Service as a result of unforeseen technological difficulties associated with our servers, data hosting centre, internet service provider or any other reason, we hereby reserve the right to:

1 Decide (prior to or after the original time set for conclusion of the online auction) to extend an online auction for a period of time (determined at our discretion); and/or,

2 Decide (prior to or after the original time set for conclusion of the online auction) to re-open an online auction for a period of time - to be determined at our discretion; and/or,

3 Retract any Winning Bidder’s emails which may have been sent out to bidders prior to or following (as the case may be) the conclusion of an online auction; and/or,

4 Amend at any time prior to or during an online auction, the “start price” allocated to an item for sale online, but only so as to correct any errors due to processing or technological fault; and/or,

5 Void that entire online auction transaction and open the auction again at the original start prices.

Products for sale on Online Auction

In relation to the items sold in an online auction, we will endeavour to:

1 provide accurate descriptions to fairly reflect each item;

2 pass clear title to the items to you; and

3 ensure that each item for auction on the Site is available at the time of the auction.

Subject to any rights you may have under the Trade Practices Act and similar laws we do not make any promises that:

1 The items are fit for a particular purpose;

2 They are able to be repaired, replaced or serviced over and above the rights which you have under vendor’s warranties;

3 That we will be able to replace or exchange any of the items which are found to be defective on delivery.

Warranty and Indemnity

Unless specifically stated on a particular item in its description, the items bid for and purchased on this Site are sold on an as-is basis without a warranty.

AuctionBlue is not liable for any damages resulting from an auction, or your visit to the Site. Also, we do not guarantee secure, continuous or uninterrupted access to this Site.

Under no circumstances can we, our affiliates or related entities be liable for any loss whatsoever which arises from your usage of the Site. You agree to accept sole responsibility for your usage of the Site. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable solicitors fees, made by any party due to or arising out of your breach of this Agreement or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.

This limited warranty is in accordance with the following terms and conditions:

1 The limited warranty for these products extends for thirty (30) days beginning from the date of purchase of the product;

2 The limited warranty extends only to the original purchaser of the product and is not assignable or transferable to any subsequent purchaser/end user;

3 This warranty is good only to the original purchaser of the product during the warranty period as long as it is in Australia, including Australian territories; and

3 The purchaser shall bear the costs of freighting the product to AuctionBlue warehouses.

This warranty does not cover:

1 Defects or damages resulting from the use of the product in other than a normal and customary manner;

2 Defects or damage from abnormal use, abnormal conditions, improper storage, exposure to moisture or dampness, unauthorised modifications, unauthorised connections, unauthorised repair, misuse, neglect, abuse, accident, alteration, improper installation, or other acts which are not the fault of AuctionBlue, including damage caused by freight, blown fuses, electrical fluctuations, spills of food or liquid;

3 Goods that have been damaged in transit; this is your responsibility and you should refer your concerns to the freight company of the freight insurance company.

4 Breakage or damage to the casing unless caused directly by defects in the materials or internal components;

5 All plastic surfaces and all other externally exposed parts that are scratched or damaged due to normal customer use;

6 Consumables (such as fuses, toners, ink cartridges, batteries etc);

7 Products which have had the serial number removed or made illegible;

8 Damage resulting from use of non-standard accessories;

9 Goods where the security seal has been removed or tampered with in any way; and

10 Any claims not received by AuctionBlue before the end of the warranty period.

This limited warranty entitles the purchaser to a full exchange or refund for item where these Terms and Conditions are fully met.

Rights as Agent and/or Seller

We may withdraw and / or re-offer an item from an online auction where the item:

1 Becomes unavailable due to damage;

2 Or the title to or provenance of the item is disputed;

3 Is withdrawn by the manufacturer, distributor or vendor;

4 Fails to draw a bid above the posted minimum;

5 Fails to draw any bid;

6 Has been erroneously listed twice; or

7 Is incorrectly described.

We also reserve the right to change the:

1 Quantities of products posted;

2 Maximum number of items which you may bid for; or

3 Bid increment during the auction.

Liability and Indemnities

We are not responsible for bids not received, processed or accepted due to technical difficulties, including those online bids placed by Proxy bid. In particular, we are not responsible for any loss, liability or damage incurred by you as a result of a bid not received, processed or accepted due to technical difficulties.

We provide the Site and the Service without any warranty or condition with regard to the Site’s capacity express or implied except those warranties which are implied by law. In relation to the items which we auction at the Site, we provide those warranties implied by law.

Neither we nor our suppliers will be liable for any lost profits or any special, incidental or consequential damages (however arising, including negligence and recklessness) arising out of or in connection with the delivery of the Service.

We do not guarantee continuous, uninterrupted or secure access to the Service, and operation of the Site may be interfered with by numerous factors outside of our control.

Goods and Services Tax

The Sale Overview will state whether the sale price of a lot is inclusive of goods and services tax (GST Inclusive) or exclusive of GST (GST Exclusive).

You acknowledge and agree that:

1 If the sale price is GST inclusive, the Buyer’s Premium will include GST and will be calculated as a percentage of the sale price (inclusive of GST) and payable by you at the same time as the sale price; and

2 If the sale price is GST Exclusive, GST will be calculated on and added to the sale price, and the Buyer’s Premium (exclusive of GST) will be calculated on the sale price and payable by you at the same time as the sale price.

General Information

Each lot shall be at the buyers risk from the time of closing and the buyer shall pay, Cash, EFTPOS, Credit Card or Bank Cheque, for each lot in full prior to delivery. The Buyer shall remove each lot at his/her own expense within 72 hours of the Online Auctions closing time. The Buyer may be charged per lot, per day storage fees, if the item is not paid in full and collected within 72 hours of sale closing time.

If the Purchaser fails to comply with any of these conditions, the Company shall be at liberty to legally peruse the Purchaser for recovery of the purchase monies (including Buyers Premium and costs incurred) forthwith.

The Purchaser acknowledges that the Company is acting as the authorised agent of the Vendor and any rights of action they may have in respect of the lots purchased lie against the Vendor, not the Company.

Before using the Site, you should read the User Agreement (as amended) carefully and ensure that you understand ALL of the Terms and Conditions. If you do not agree to ALL Terms and Conditions and accept them, then you must not use the Site. If you agree to the Terms and Conditions unconditionally and without reservation you may at AuctionBlue’s discretion be given the opportunity to click the "I accept" checkbox during the registration process. Once you have accepted these Terms and Conditions (as amended) you will be able to use the Site.

1. Formation of Contract

1.1 You represent and warrant that you are able to enter into a legally binding and enforceable contract with other persons. You agree and acknowledge that you have entered into a legally binding and enforceable contract with AuctionBlue by clicking the "I have read, understood and accept AuctionBlues User Agreement (as amended) checkbox during the Registration Process. You agree not to deny that you have done so.

1.2 AuctionBlue in its sole, absolute and unfettered discretion reserves and has the right to refuse, suspend or cancel your membership and the membership of any member without prior notice or to suspend or cancel any auction and to take such further action against any Member as may be appropriate including but not limited to legal action. You agree and acknowledge that you will take no action in respect of any damage nor loss no matter how arising from cancellation or suspensions or management of your Membership.

1.3 You also agree that in circumstances where AuctionBlue considers damages are not be a sufficient remedy AuctionBlue may seek injunctive relief and that You shall not oppose applications seeking injunctive relief as may be brought by AuctionBlue against You in respect of your use or proposed use of the Site or the Services

1.4 This User Agreement (as amended) and any terms incorporated by reference in the User Agreement (as amended) shall override any contrary terms or conditions published by AuctionBlue or appearing on this web site pertaining to members.

1.4 In consideration of AuctionBlue agreeing to the Your use of the Site and the Services, You agree to comply with this User Agreement (as amended) and Your obligations and undertakings under the User Agreement (as amended).

2. Services

2.1 Availability

Any person wishing to use the Site or the Services as a Vendor, Bidder or Buyer must first fully register as a Member. Registration is free. AuctionBlue reserves the right to reject or not register any person.

Any person attempting registration indemnifies and holds harmless AuctionBlue for any loss no matter how arising from AuctionBlues refusal or acceptance of the attempted registration.

2.2 Registration - becoming a Member

A Person becomes a Member by supplying all the Requisite Registration Information to AuctionBlue and accepting this User Agreement (as amended) unconditionally by clicking the "I have read,understood and accept AuctionBlues User Agreement (as amended)" checkbox during the registration process.

3. Membership of Site

3.1 A Person may only register as a Member if they can form a legally binding and enforceable contract. A person must be at least 18 years old. By registering as a Member, you represent and warrant that you can form a legally binding contract.

3.2 Transfer

Your AuctionBlue account, User ID and Password are the property of AuctionBlue and may not be transferred, sold or otherwise assigned to another person or Member.

3.3 User Name

(a) AuctionBlue in its sole, absolute and unfettered discretion reserves the right to reject or cancel any User Name that is deemed by AuctionBlue to be offensive or otherwise inappropriate.

(b) You agree and acknowledge that only You will use your User Name and that you will not allow anyone else to use your User Name.

3.4 Use of the Site

You agree that you must:

(a) Not use the Site or the Services for any illegal purpose.

(b) Not allow your User name to be used for any illegal purpose

(c) Not allow your User name to be used by another person for any purpose.