Terms and Conditions

2bTraded believes that the following terms and conditions are vital to the successful operation of the Web Site Application and the high quality maintenance thereof for the benefit of all users.

The Buyer acknowledges that he / she accepts these Terms and Conditions by registering to Bid on the Web Site and furthermore that 2bTraded.com.au at its sole discretion may terminate the Buyer's account and seek other remedies as provided by law should the Buyer fail to comply with the Terms and Conditions.

Only Buyers over the age of 18 years are permitted to register and bid on the Web Site. By registering the Buyer acknowledges that he / she is over 18 years of age and that he / she will be solely responsible for his / her use of the Web Site and may be treated as an adult by law for any infringement to these terms and conditions.

The Buyer acknowledges and agrees:

  1. The highest approved bidder shall be the purchaser, subject to the Vendor's approval and the reserve price, if any.
  2. The Auctioneer may at his discretion refuse to accept any bid from any person, and no bid, if accepted, shall be retracted without the consent of the Auctioneer. No Bidder shall advance a less sum or percentage at bidding than the Auctioneer is willing to accept.
  3. A Bid shall be deemed to be accepted unless the Auctioneer forthwith after it has been made declares his non-acceptance or dissent.
  4. If any dispute or difference shall arise as to the highest Bidder the Auctioneer may re-open the bidding and resubmit the item commencing with the highest amount previously bid for the same, or he may decide on the highest bidder. In such other manner as he in his absolute discretion shall deem fit, and his discretion shall be final.
  5. The Auctioneer reserves the right to bid for and on behalf of the Vendor.
  6. All items purchased on this site become the responsibility of the successful bidder on the fall of the hammer.
  7. The terms for this auction is Electronic Transfer, however we will ask that all major items remain on the premises until such time that funds have become cleared.
  8. All items sold on this on line auction site are sold on an as is where is basis and no warranties are given or implied unless stipulated in the individual item description.
  9. Auction will be conducted on a GST exclusive basis, which means that GST will be added to the bid price, where GST is applicable.
  10. To register with 2bTraded.com.au using a true name and address and a valid email address.
  11. That 2bTraded.com.au owns the Intellectual Property Rights in the Application used for the provision of services and owns the Intellectual Property Rights in any databases created from the provision of services.
  12. Not to use the Web Site for any fraudulent or illegal purpose.
  13. Not to spam other users on the Web Site.
  14. When bidding and or purchasing an item from the Web Site, that detail provided on the Web Site is intended as a guide ONLY and further acknowledges that he / she accepts the responsibility of evaluating items prior to bidding.
  15. To conclude the purchase upon receiving notification from 2bTraded.com.au that he / she is the highest bidder by submitting payment as directed by 2bTraded.com.au by one of the options nominated.
  16. That whilst 2bTraded.com.au will use its best endeavours to enforce its terms and conditions over the Seller of goods listed, 2bTraded.com.au serves only as an auctioneer for the Seller under the Property Agents and Motor Dealers act 2000 and furthermore 2bTraded.com.au is not under any liability to the Buyer in respect of any loss or damage (including consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly in respect of services supplied via the Web Site.
  17. That delivery of the goods purchased will be undertaken only once full and final payment of all cleared funds for the said goods has been deposited into 2bTraded.com.au's trust account and furthermore the Buyer acknowledges that once cleared funds have been received by 2bTraded.com.au the burden of ownership rests solely with the Buyer.
  18. That the Buyer is responsible for any delivery costs associated to the purchase or return of the item.
  19. Failure by 2bTraded.com.au to enforce the terms of this Agreement at any time does not amount to a waiver of 2bTraded.com.au's rights under these Terms and Conditions.
  20. That the Terms and Conditions are governed by and construed according to the law of Queensland, Australia.
  21. That if the Buyer is a company or trust the person registering on its behalf warrants that he or she is authorised and indemnifies 2bTraded.com.au in respect of any breach or default by the Buyer herein.
  22. That when purchasing an item from the categories within the 2bTraded.com.au Web Site the Buyer will:
    1. Upon receiving notification from 2bTraded.com.au that he / she is the highest bidder, pay a deposit equal to 10% of the winning bid amount to 2bTraded.com.au's trust account within 48 hours of the fall of the hammer and the balance be paid on or before the seventh day after the fall of the hammer.
    2. Be granted a maximum period of seven days from close of auction to ascertain and report back to 2bTraded.com.au if the item is deemed to be different to its description on the Web Site or if its condition is deemed to be unsatisfactory. The Buyer will not have any avenue for recourse after this seven day period.
    3. Finalise payment as directed by 2bTraded.com.au; OR alternately withdraw his / her bid due to reasons described in and compliant with clause 22(b), by contacting the Auction Administrator in writing at which time any deposit paid will be refunded.
    4. Acknowledge that items purchased with safety components or components modified or missing since manufacturers' release (eg. safety guards, canopies, shields, roll cages, etc) are sold for wrecking purposes ONLY and further acknowledges that he / she will indemnify 2bTraded.com.au from any claims, legal proceedings or litigation arising from any incident arising in connection with the use of the items purchased.
    5. Organise delivery or freight from a company of their choice within the period of time specified by 2bTraded.com.au and furthermore accept the responsibility of insuring the goods through loading and transit and at all times indemnify and keep indemnified 2bTraded.com.au or their agents or employees or any other associated company against any liability in relation to accidental damage or injury incurred in relation to the relocating of any goods purchased on the Web Site.
    6. When purchasing vehicles through 2bTraded.com.au that require transfer of prescribed forms as required by the Property Agents and Motor Dealers Act, the Buyer acknowledges and accepts that these forms will be supplied via electronic means.
  23. Registered Buyers acknowledge that they have expressly given permission to 2bTraded.com.au employers and staff to make contact either by follow up telephone call, fax, e-mail, or private mail in order to keep them informed on the item they have viewed or similar type equipment that they believe the Buyer would be advantaged in knowing was for sale.
  24. From time to time items on the what offers section of 2bTraded.com.au web site may have been withdrawn with out prior knowledge to the staff of 2bTraded.com.au while every care is taken to provide accurate information on this site, in the event a customer has withdrawn an item from sale every effort will be made to assist the customer to locate a similar item however no promise or guarantee will be made by Employers or Employees of 2bTraded.com.au
  25. Customers Buying or Selling items through 2bTraded acknowledge that all of the terms and conditions on this site are relevant in any instance including purchasing an item by way of Auction or Sale by Negotiation.
  26. To be fair and equitable to all parties, any bidding that falls within the last 5 minutes of closing time, will extend by 5 minutes until the bidding is finished.
  27. From the fall of the hammer, the highest bidder under the reserve will have the first right of refusal to negotiate the item. Should this bidder not wish to negotiate, they can wave this right to allow other bidders to negotiate on the item.

OCCUPATIONAL HEALTH & SAFETY ACT

The Occupational Health & Safety Act 1985 and Regulations, impose obligations inrespect of safety for workers arising out of the DESIGN, MANUFACTURE AND SUPPLY of plant for use in the workplace. The auctioneer warns buyers THAT NO PLANT OR EQUIPMENT OFFERED FOR SALE AT THIS AUCTION IS FIT FOR USE IN THE WORKPLACE AND IT IS THE RESPONSIBILITY OF THE BUYER to ensure that it is brought to a standard necessary to comply with the Occupational Health & Safety Act 1985. Buyers are warned that breaches of the Act, incur very large penalties. In the interest of the health and safety for workers, safety inspections of plant and equipment purchased at auction are recommended to be performed by authorized people or companies.

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