Terms & Conditions

Website Terms and Conditions | Advertising Terms & Conditions | Auction Terms and Conditions of Use

Website Terms and Conditions of Use

These Terms of Use (‘Terms’) govern your use of our website located at TruckDealers.com.au, FarmDealers.com.au and ConstructionDealers.com.au (‘the Site’) and form a binding contractual agreement between you, the user of the Site and us, Truck Dealers Australia Pty Ltd (ABN 64 601 518 192).

Acceptance of Terms and Conditions
By using the Site you acknowledge and agree that you have been asked to read the Terms and that you agree to be bound by them. If you do not agree to the Terms, you must refrain from using the Site.
Amendments to Terms and Conditions
We reserve the right to amend these Terms from time to time. Amendments will be effective immediately upon notification on the Site, without further notice to you. Your continued use of the Site following such notification will represent an agreement by you to be bound by the Terms as amended.
Licence to use Site
1. We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the Terms set out in this Agreement.
2. You must not use the Site in any manner:
  1. unless you hold all necessary rights, licences and consents to do so;
  2. that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
  3. that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
  4. that would bring us, or the Site, into disrepute;
  5. that infringes the intellectual property or other rights of any person;
  6. that promotes any other business which provides a website or service that is the same or substantially similar to the Site; or
  7. causes or induces other users of the Site to use another website or service that is the same or substantially similar to the Site.
3. Use of the Site is for your personal and non-commercial use only, except for when you use the Site in accordance with our Advertising Terms and Conditions.
4. You may hold material from the Site in your computer’s cache or have a single permanent copy for your personal use but you must not without the prior written approval of us:
  1. alter, transmit, perform, display, reproduce, distribute, license or publish any material;
  2. frame or mirror the site or embed material from the Site;
  3. use or attempt to use any material published on the Site for purposes relating to another web site, publication or searchable database;
  4. use any process, automated or otherwise, to query, scape, retrieve, data-mine or copy any material on the Site or formulate any document, index or database on the material published on the Site;
  5. transfer or sell any products, services, information or features offered on the Site;
  6. undertake any other action which is in breach of the Terms or the terms contained in other policies.
5. You acknowledge and agree that:
  1. we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion;
  2. the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes);
  3. whilst we have no reason to believe that any information contained on the Site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep the Site updated; and
  4. the Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
  5. we are not the sellers of any items on the Site and do not warrant that any item purchased from the site will have any particular quality or capability.
  6. we do not have any licence to sell any goods and do not hold out as the seller of any goods.
Goods and Services Provided by Third Parties
1. To the extent that any goods and services are offered on the Site by third parties:
  1. you are responsible for making all relevant searches, enquiries and investigations for any goods and services, including but not limited to any written off vehicle register or register of security interests (including the Personal Property Securities Register or otherwise);
  2. we do not act as any person’s agent or broker; arrange any contract between you and any person; or provide any warranty in relation to any person's goods or services including but not limited to any representation or warranty that the goods or services are of merchantable quality, fit for the purpose intended or safe for the purpose intended; and
  3. we will not be responsible for the terms of any transaction between you and any person, any goods or services purchased by you from any person or; resolve any dispute between you and any other person.
Intellectual Property Rights
1. All information, text, material, graphics, software and advertisements on the Site are copyright unless otherwise indicated. The Site content is protected by Australian and international trade mark laws.
2. Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.
3. By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
Liability
1. To the full extent permitted by law, we (including our directors, officers, shareholders, employees, agents, contractors or other third parties associated with operating the Site) disclaim all liability and responsibility for any loss or damages arising from a user’s use of the Site in any way whatsoever, including, but not limited to, any loss or damage arising from any tortious act, omission, negligence, breach of contract or breach of statutory duty.
2. To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in the Terms.
3. The Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
  1. in the case of goods:
    1. the replacement of the goods or the supply of equivalent goods;
    2. the repair of the goods;
    3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
    4. the payment of having the goods repaired, and
  2. in the case of services:
    1. the supply of the services again; or
    2. the payment of the cost of having the services supplied again.
Termination
1. The Terms terminate automatically if, for any reason, we cease to operate the Site.
2. We may otherwise terminate the Terms immediately, on notice to you, if you have breached the Terms in any way.
Privacy Policy
By using the Site you agree to our privacy policy and the manner in which we collect, use and disclose your personal information.
Force Majeure
We will not be liable for the consequences of any circumstance reasonably beyond our control which affects our obligations under this Agreement.
Governing Law
This agreement shall be governed by the laws of the State of South Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State.
Severability
A provision of these terms and conditions that is illegal, invalid or unenforceable in a jurisdiction is ineffective in that jurisdiction to the extent of the illegality, invalidity or unenforceability. This does not affect the validity or unenforceability of that provision in any other jurisdiction, nor the remainder of this document in any jurisdiction.
Assignment
You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.

Advertising Terms & Conditions

These Terms of Use (‘Terms’) together with the Advertising Request form (‘Request’) govern each supply of Services on the Site located at TruckDealers.com.au, FarmDealers.com.au and ConstructionDealers.com.au (‘the Site’) and form a binding contractual agreement between you, the advertiser and us, Truck Dealers Australia Pty Ltd (ABN 64 601 518 192).

Acceptance of Terms and Conditions
1. By submitting a Request you acknowledge and agree that you have been asked to read the Terms and that you agree to be bound by them. If you do not agree to the Terms, you must refrain from submitting a Request.
2. If these Terms and the terms of the Request are inconsistent, then the terms of the Request will prevail to the extent of any inconsistency.
Ownership and License
1. We acknowledge that subject to the warranties provided for in the Terms of this Agreement the Advertising Content is owned or licensed to you.
2. You grant us a non-exclusive, royalty free, worldwide license to use, copy, reproduce, display, transmit, distribute, edit and modify the Advertising Content in accordance with the Terms set out in this Agreement.
Your Obligations To Us
1. You represent and warrant that you will not submit a Request for Advertising Content:
  1. unless you hold all necessary rights, licences and consents to do so and are fully authorised to publish, and to authorise us to publish all Advertising Content;
  2. that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
  3. that infringes the intellectual property or other rights of any person or entity;
  4. that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
  5. that would bring us, or the Site, into disrepute;
  6. unless all of the advertised products and services match the advertised description and are available in the manner, at the price and for the time period advertised and are not misleading and deceptive or likely to mislead or deceive;
  7. that each site located at any URL shown or embedded in any Advertising Content which is controlled and operated by or on behalf of you, is functional and accessible and at all times operated in compliance with all applicable laws regulations and relevant industry codes;
  8. that promotes any other business which provides a website or service that is the same or substantially similar to the Site;
  9. causes or induces other users of the Site to use another website or service that is the same or substantially similar to the Site; or
  10. use any automated process of any sort to query, retrieve, scape, data-mine or copy any material on the Site or compile any document, index or database on the material published on the Site.
Advertising Requests
1. In order for us to place Advertising Content on the Site you must:
  1. submit the Request; and
  2. provide all the required Advertising Content to us in the prescribed format and timeframe and in accordance with the Terms and any other terms of the Request.
2. You acknowledge and agree that we retain complete editorial control over the Site and may at our sole discretion:
  1. refuse to include any Advertising Content at any time;
  2. remove any Advertising Content at any time;
  3. position Advertising Content as we see fit; and
  4. label any Advertising Content as an "advertisement" for clarification and or stipulate any other conditions to ensure that it is clear that the Advertising Content is an advertisement.
Payment
1. You must pay us the Fees;
2. Each invoice is payable within 30 days of the date of the invoice. If you have not paid an invoice in full by that date, you must pay interest on any unpaid amount from that date until the date of payment, to be calculated on a daily basis at a rate of 3 percentage points over the Commonwealth Bank of Australia rate for unsecured overdrafts of $100,000.00 (or, if that rate ceases to exist, a comparable rate nominated by us).
Amendments to the Request
1. After you have submitted the Request you may submit an Amendment to the Request (‘Amendment’)
2. If you provide us with an Amendment we will inform you in writing if we accept this and if so whether there any variations to the Fees, or the terms of the Request.
Cancellation of the Request
1. If for any reason (Including events beyond your control, but excluding any default on the part of us), you are unable or unwilling to proceed with the Request:
  1. you must immediately notify us in writing of that fact; and
  2. subject to paragraph (iv), your ability to pay the Fee shall be as follows:
    1. If we are notified of the cancellation more than 30 days prior to the Commencement Date, the Fee will be refunded by us; or
    2. If we are notified of the cancellation less than 30 days prior to the Commencement Date, the Fee will be retained by us.
Goods and Services Tax
1. All amounts payable under this Agreement are expressed exclusive of GST.
2. In respect of any taxable supply, you must pay to us an additional amount equal to the prevailing GST rate, payable at the same time and in the same manner as the Fees, subject to the receipt by you of a valid tax invoice.
Liability
1. To the full extent permitted by law, we (including our directors, officers, shareholders, employees, agents, related entities as defined pursuant to section 50 of the Corporations Act 2001 (Cth), contractors or other third parties associated with operating the Site) disclaim all liability and responsibility for any loss or damages arising in any way whatsoever, including, but not limited to, any loss or damage arising from any tortious act, omission, negligence, breach of contract and/or breach of statutory duty.
2. To the full extent permitted by law, you agree to release, indemnify and hold us harmless (including our directors, officers, shareholders, employees, agents, related entities as defined pursuant to section 50 of the Corporations Act 2001 (Cth), contractors or other third parties associated with operating the Site) from all damages, actions, suits, causes of actions, claims, costs and demands whatsoever and wheresoever arising out of or relating to your use of the Site. This includes your agreement to indemnify us (including our directors, officers, shareholders, employees, agents, related entities as defined pursuant to section 50 of the Corporations Act 2001 (Cth), contractors or other third parties associated with running the Site) from any claim made against it from a third party arising from your use of the Site.
3. To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in the Terms.
4. This Agreement is to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
  1. in the case of goods:
    1. the replacement of the goods or the supply of equivalent goods;
    2. the repair of the goods;
    3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
    4. the payment of having the goods repaired, and
  2. in the case of services:
    1. the supply of the services again; or
    2. the payment of the cost of having the services supplied again.
Termination
1. A party may terminate this Agreement by written notice to the other if any of the following events has occurred in respect of the other party:
  1. a material breach of this Agreement which is not remediable or if capable of remedy, where the other party fails to remedy within 14 days of written notice;
Consequences of Termination
1. If this Agreement is terminated or expires for any reason, then, in addition and without prejudice to any other rights or remedies available:
  1. the parties are immediately released from their obligations under the Agreement except any obligations that, by their nature, survive termination;
  2. each party retains the rights and claims it has against the other;
  3. you must immediately pay all outstanding Fees.
Variations
1. We reserve the right to amend these Terms from time to time. Amendments will be effective immediately upon notification on the Site, without further notice to you. You must thereafter comply with the amended Terms or terminate this Agreement as set out herein.
Confidentiality
1. A party must not, without the prior written consent of the other, use or disclose the other party's Confidential Information unless expressly permitted by this Agreement or required to do so by law or any regulatory authority.
2. A party may:
  1. use the Confidential Information of the other party solely for the purposes of complying with its obligations and exercising its rights under this Agreement; and
  2. disclose the Confidential Information to its personnel or advisers to the extent necessary for them to know the information for purposes related to this Agreement, but only if reasonable steps are taken to ensure that the confidentiality of the information is retained.
3. Each party must implement and maintain effective security measures to prevent unauthorised use and disclosure of the other party's Confidential Information whilst it is in the receiving party's possession or control.
4. Each party must return, or at the other party's option destroy, all Confidential Information of the disclosing party in the receiving party's possession or control, on the earlier of the Site Owner's request or on termination of this Agreement for any reason.
General
1. You must not assign or otherwise deal in any other way with any of our rights under this Agreement without the prior written consent of us.
2. Nothing contained in this Agreement creates any relationship of partnership or agency between us.
3. If a provision of this Agreement is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
4. Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
5. This Agreement (and any documents executed in connection with it) is the entire Agreement of the parties about its subject matter and supercedes all other representations, arrangements or agreements. Other than as expressly set out in this Agreement, no party has relied on any representation made by or on behalf of the other.
6. This Agreement may be executed in counterparts which will be taken together to constitute one document.
7. We will not be liable for the consequences of any circumstance reasonably beyond our control which affects our obligations under this Agreement.
8. All stamp duties and any other government charges in relation to this Agreement or its subject matter must be paid by you.
9. This Agreement is governed by the laws of South Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State.
Definitions and Interpretation
In this Agreement, unless the context indicates the contrary:
Advertising Content

means the content of advertisements submitted by or on behalf of you to us in the Request including but not limited to all text, graphics, icons, photographs and URLs.

Advertising Request

means the request for services in the form required by us from time to time.

Commencement Date

means the date of publication described in the Advertising Request.

Confidential Information

means all information provided by one party to the other in connection with this Agreement where such information is identified as confidential at the time of its disclosure or ought reasonably be considered confidential based on its content, nature or the manner of its disclosure, but excluding (a) information that enters the public domain or is disclosed to a party by a third party, other than through a breach of this Agreement, and (b) information developed independently by a party.

Fees

means the fees and charges for the services set out in the Advertising Request.

Force Majeure Event

means any event beyond the control of the relevant party.

GST

has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Intellectual Property Rights
means all intellectual property rights, including all copyright, patents, trade marks, design rights, moral rights, trade secrets, domain names, know how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application. Unless the context requires otherwise:
1. a reference to a person includes a corporation or any other legal entity;
2. the singular includes the plural and vice versa;
3. headings are for convenience and do not form part of this Agreement or otherwise affect the interpretation of this Agreement;
4. the term "includes" (or any similar term) means "includes without limitation"; and
5. a reference to any statute includes references to any subsequently amended, consolidated or re-enacted version of that statute and all delegated legislation or other statutory instruments made under it.

Auction Terms and Conditions of Use

These Terms of Use (‘Terms’) govern your use of the Truck Dealers Australia Online Auction Site, Farm Dealers Australia Online Auction Site and Construction Dealers Australia Online Auction Site (‘the Auction Site’) and form a binding contractual agreement between you, the user of the Auction Site and us, Truck Dealers Australia Pty Ltd (ABN 64 601 518 192).

Acceptance of Terms and Conditions
1. By using the Site and the Auction Site you acknowledge and agree that:
  1. you have been asked to read the Terms and that you agree to be bound by them. If you do not agree to the Terms, you must refrain from using the Auction Site.
  2. the Terms are supplemented by and incorporate the following:
    1. the Terms of Use of the Site located at:
      truckdealers.com.au/terms-and-conditions/#wtnc
    2. the Advertising Terms of the Site located at:
      truckdealers.com.au/terms-and-conditions/#atnc
    3. the Privacy Policy of the Site located at:
      truckdealers.com.au/privacy-policy/
Amendments to Terms and Conditions
We reserve the right to amend these Terms from time to time. Amendments will be effective immediately upon notification on the Site, without further notice to you. Your continued use of the Site and the Auction Site following such notification will represent an agreement by you to be bound by the Terms as amended.
Auction Contract Particulars
1. By using the Auction Site you acknowledge and agree that:
  1. we are acting as an agent for the Seller and that any contract entered into for the sale of a Lot is made directly between the Seller and the Purchaser:
  2. any dispute that arises in relation to the sale of a Lot is a dispute between the Seller and the Purchaser and you agree to exclude us from any subsequent action or court proceeding arising from this sale;
  3. if we are subsequently included in any action or court proceeding you agree to indemnify us for any liability or costs incurred in relation to any such claim;
  4. all equipment sold in the auction is sold ‘as is, where is’ and is unregistered with no warranty as to road worthiness express or implied.
Registered Bidders
1. In order to use the Auction Site you must be a Registered Bidder.
2. You acknowledge and agree that to become a Registered Bidder you must:
  1. be 18 years of age or older;
  2. provide us with your name, address, phone number and email address, as well as any other identification information required by us or that we may request from time to time and you must keep us updated with any change in such details;
  3. not as a person or an entity have more than one (1) registration as a Registered Bidder; and
  4. not be an undischarged bankrupt or under legal incapacity or any company that is insolvent or under external administration or you will not be permitted to become or remain as a Registered Bidder.
Licence to use Site
1. We grant you a non-exclusive, worldwide, non-transferable licence to use the Auction Site in accordance with the Terms set out in this Agreement.
2. You must not use the Auction Site in any manner:
  1. unless you hold all necessary rights, licences and consents to do so;
  2. that would cause any bid placed on any Lot to artificially increase or otherwise manipulate the bidding process or the bid price of any Lot listed on the Auction Site, or in any way influence user behaviour on the Auction Site;
  3. that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
  4. that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
  5. that would bring us, or the Auction Site, into disrepute;
  6. that infringes the intellectual property or other rights of any person;
  7. that promotes any other business which provides a website or service that is the same or substantially similar to the Auction Site; or
  8. causes or induces other users of the Auction Site to use another website or service that is the same or substantially similar to the Auction Site.
3. You may hold material from the Auction Site in your computers cache or have a single permanent copy for your personal use but you must not without the prior written approval of us:
  1. alter, transmit, perform, display, reproduce, distribute, license or publish any material;
  2. frame or mirror the Auction Site or embed material from the Auction Site;
  3. use or attempt to use any material published on the Auction Site for purposes relating to another web site, publication or searchable database;
  4. use any process, automated or otherwise, to query, scape, retrieve, data-mine or copy any material on the Auction Site or formulate any document, index or database on the material published on the Auction Site;
  5. transfer or sell any products, services, information or features offered on the Auction Site;
  6. undertake any other action which is in breach of the Terms or the terms contained in other policies.
Bidding Terms and Procedure
1. You acknowledge and agree that:
  1. a Bid to buy a Lot constitutes an irrevocable and legally binding offer to buy the Lot at the specified price which may be accepted or rejected by the Seller or us;
  2. once a Bid to buy a Lot has been made it cannot be revoked by the Bidder and remains open for acceptance by the seller or us until the sale process is completed, despite any subsequent higher Bid being made;
  3. all bids submitted must be bona fide and a Bid is taken to be a representation and warranty by the Bidder that the Bid is a genuine offer to purchase the item at the price specified. If we become aware of any form of collusive activity by a Registered Bidder, we may terminate the Registered Bidder’s right to participate in the sale process;
  4. a Bidder will be deemed to be bidding on their own behalf unless prior to the sale it is disclosed to us that they will be bidding as agent on behalf of another individual or entity and we have been supplied with a copy of a written authority to that effect or any other document we require;
  5. following our acceptance of your offer, you are obligated to complete the transaction as accepted by us including payment of the Purchase Price, the Fees and any other monies payable;
  6. even if you are the Purchaser we may, in our absolute discretion, withdraw from and not proceed with the sale of the Lot to you at any time, without liability to you, if:
    1. there has been a technical error with the auction;
    2. the Lot has been listed at an incorrect price or with incorrect information;
    3. we become aware that the Seller does not have good title to the Lot
    4. we are unable to contact you; or
    5. we do not receive full payment of the Purchase Price, the Fees and any other monies payable by you immediately after the auction.
  7. if you are the Purchaser and refuse or are unable to proceed with the purchase of the Lot for any reason, by the due date on the purchase invoice, including and limited to have insufficient credit or funds to pay all monies due to us, you will forfeit any deposit paid and we may, in our absolute discretion:
    1. terminate or suspend your registration as a Registered Bidder;
    2. resell the Lot to mitigate our loss;
    3. seek an order for specific performance against you;
    4. claim against you all monies due including recovery of all our costs (including but not limited to administration, storage, advertising and legal costs);
    5. charge you a cancellation fee of $5,000 + GST.
  8. we will act reasonably in our application of clauses 6.1 (vii) (a) – (e) and will seek to be put back into the positon we would have been had you completed the purchase, including recovery of all our reasonable costs and expenses and administration charges.
  9. title in the item shall not be eligible to pass to you until clear funds are received from the buyer for the Purchase Price, the Fees and any other monies payable.
  10. by submitting credit card information, or confirming previously submitted information, for the purpose of participation in an auction, you agree that any fees incurred may be debited from the nominated credit card, including but not limited to those arising from cancellation or non-payment.
Auto Bid System
1. You acknowledge and agree that:
  1. we may have an Auto Bid system available for Registered Bidders to activate which will automatically place Bids on your behalf on a Lot up to a maximum prescribed amount;
  2. we will automatically set each of your next Bid amounts by adding the applicable Minimum Increment, or such other amount you manually prescribe, to the current bid amount.
  3. your use of Auto Bid is subject to the Bidding Terms and Procedure set out in clause 6 of these terms.
Reserve Price
1. You acknowledge and agree that:
  1. we may set a minimum price at which a Lot will be sold and if the Reserve is not met then the Seller or us is under no obligation to sell the Lot.
  2. we have no obligation to inform a Registered Bidder of a Reserve Price;
  3. we reserve the right to remove or introduce a Reserve Price at any time;
  4. if you Bid on a Lot and the Reserve Price is not met, we may contact you with an offer to enter into further negotiations for the sale of the Lot to you.
Third Party Goods and Services
1. To the extent that any Lots are offered on the Auction Site by third parties:
  1. you are responsible for making all relevant searches, enquiries and investigations for any goods and services, including but not limited to any written off vehicle register or register of security interests (including the Personal Property Securities Register or otherwise);
  2. we do not provide any warranty in relation to any persons goods or services including but not limited to any representation or warranty that the goods or services are of merchantable quality, fit for the purpose intended or safe for the purpose intended; and
  3. we will not be responsible for the terms of any transaction between you and any person, any goods or services purchased by you from any person or; resolve any dispute between you and any other person.
  4. we are not responsible for providing any form of vehicle registration or road worthy certificate. All equipment sold in the auction is sold ‘as is, where is’ and is unregistered.
Operation of the Auction Site
1. You acknowledge and agree that:
  1. we retain complete editorial control over the Auction Site and may alter, amend or cease the operation of the Auction Site at any time in our sole discretion;
  2. the Auction Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes);
  3. whilst we have no reason to believe that any information contained on the Auction Site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep the Auction Site updated; and
  4. the Auction Site may contain links to other sites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked site.
  5. we are not the sellers of any items on the Auction Site and do not warrant that any item purchased from the Auction Site will have any particular quality or capability.
  6. we do not have any licence to sell any goods and do not hold out as the seller of any goods.
  7. you must provide at your own expense the equipment, internet connection and/or service plans to access and use the Auction Site and we are not responsible for any costs incurred in, including fees for data services necessary to download, install, access or otherwise use the Auction Site.
Intellectual Property Rights
1. All information, text, material, graphics, software and advertisements on the Auction Site are copyright unless otherwise indicated. The Auction Site is protected by Australian and international trade mark laws.
2. Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Auction Site.
3. By posting or adding any content onto the Auction Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
Liability
1. To the full extent permitted by law, we (including our directors, officers, shareholders, employees, agents, related entities as defined pursuant to section 50 of the Corporations Act 2001 (Cth), contractors or other third parties associated with operating the Auction Site) disclaim all liability and responsibility for any loss or damages arising in any way whatsoever, including, but not limited to, any loss or damage arising from any tortious act, omission, negligence, breach of contract and/or breach of statutory duty.
2. To the full extent permitted by law, you agree to release, indemnify and hold us harmless (including our directors, officers, shareholders, employees, agents, related entities as defined pursuant to section 50 of the Corporations Act 2001 (Cth), contractors or other third parties associated with operating the Auction Site) from all damages, actions, suits, causes of actions, claims, costs and demands whatsoever and wheresoever arising out of or relating to your use of the Site. This includes your agreement to indemnify us (including our directors, officers, shareholders, employees, agents, related entities as defined pursuant to section 50 of the Corporations Act 2001 (Cth), contractors or other third parties associated with running the Site) from any claim made against it from a third party arising from your use of the Site.
3. To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in the Terms.
4. This Agreement is to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations.
Termination
1. We may terminate this Agreement and cease to provide access to the Auction Site immediately by giving notice to you.
2. You may cease to remain a Registered Bidder by notice in writing to us provided that you do not have any active or outstanding Bid or Fees in relation to the Auction Site. Any purported termination of this Agreement by you does not release you from, or affect any accrued rights or obligations under this Agreement.
3. If this Agreement is terminated or expires for any reason, then, in addition and without prejudice to any other rights or remedies available:
  1. the parties are immediately released from their obligations under the Agreement except any obligations that, by their nature, survive termination;
  2. each party retains the rights and claims it has against the other;
  3. you must immediately pay all outstanding Fees.
Initial Deposit
1. A deposit of $1,000 is payable immediately following the conclusion of the auction for any listing for which you are the successful and winning bidder.
2. Full payment is required for any auction purchase within 3 business days of an invoice being issued. If you require an extension for an additional 3 days, a further $4,000 AUD holding deposit is payable. The additional deposit will either reduce the balance payable or be refunded when the invoice is paid in full, at your discretion.
3. If an individual purchase, or cumulative purchases by you, in a single auction is equal to or greater than $100,000 excluding fees and GST, then an additional $4,000 deposit is payable immediately upon the conclusion of the auction. This brings the total deposit payable to $5,000 on a single listing with a value of at least $100,000, or $6,000 if two listings have been purchased with a cumulative value of at least $100,000, or $7,000 if three listings, and so forth.
4. By submitting your credit card information, or confirming previously submitted credit card information, for the purpose of participation in an auction, you agree that the initial holding deposit(s) may be debited from the nominated credit card.
General
1. You must not assign or otherwise deal in any other way with any of our rights under this Agreement without the prior written consent of us.
2. If a provision of this Agreement is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
3. Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
4. This Agreement (and any documents executed in connection with it) is the entire Agreement of the parties about its subject matter and supersedes all other representations, arrangements or agreements. Other than as expressly set out in this Agreement, no party has relied on any representation made by or on behalf of the other.
5. This Agreement may be executed in counterparts which will be taken together to constitute one document.
6. We will not be liable for the consequences of any circumstance reasonably beyond our control which affects our obligations under this Agreement.
7. All stamp duties and any other government charges in relation to this Agreement or its subject matter must be paid by you.
8. This Agreement is governed by the laws of South Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State.
Privacy Policy
1. You acknowledge and agree that you have read the Truck Dealers Australia Privacy Policy that this is incorporated in this Agreement by this reference. The policy provides information about the manner in which we collect, use and disclose your personal information.
Goods and Services Tax (GST)
1. Unless stated otherwise on the Lot description or the Auction Site, Australian Goods and Services Tax as set out in the New Tax System (Goods and Services Tax) Act 1999 will be additionally payable by you on the Purchase Price, the Fees and all other monies payable by you under this Agreement or on the Auction Site.
Occupational Health and Safety Obligations
1. You acknowledge and agree that:
  1. the OH&S Laws impose occupational health and safety obligations on persons who use or operate P&E in a workplace and on employers whose employees use or operate that P&E including obligations in respect of the design, manufacture and supply of that P&E for use in a workplace;
  2. to the extent that any Lots offered on the Auction Site by third parties are comprised of P&E:
    1. that P&E has not been assessed or inspected by a competent person and it may or may not be affected by faults or defects which make it unsafe for use;
    2. we have warned you that the P&E is not being offered for sale for use in any workplace and you must not use or allow the P&E to be used in any workplace prior to engaging a competent person to assess and inspect the P&E as safe for use;
    3. we have warned you that if you do not engage a competent person to assess and inspect the P&E as safe for use that P&E is suitable for scrap or spare parts only;
    4. that P&E is offered for sale in many cases without the necessary operating instruction manuals, supplementary technical documentation, specification or design limitation information or other required literature under the OH&S Laws (the Information and Records);
    5. to the extent that the Information and Records are available they will be passed on to the Purchaser but we do not warrant that the Information and Records are complete and it is the responsibility of the Purchaser to seek to ascertain the necessary Information and Records that are required under the OH&S Laws.
Definitions and Interpretation
In this Agreement, unless the context indicates the contrary:
Australian Consumer Law

means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Auto Bid

means an offer to purchase a Lot at a specified price on the Auction Site by using the Auto Bid feature that automatically places Bids on your behalf on a Lot up to a maximum prescribed amount.

Bid

means an offer to purchase a Lot at a specified price on the Auction Site.

Bidder

means a person who has made or purported to make a Bid on the Auction Site.

Fees

means the fees and charges for the services set out in the Advertising Terms of the Site.

Force Majeure Event

means any event beyond the control of the relevant party.

Lot

means any goods available for purchase at the Auction Site.

Purchaser

means the successful Bidder for a Lot as determined by us.

Purchase Price

means the highest Bid for a Lot accepted by us and an additional amount of eight (8) percent on this bid.

Registered Bidder

means a person who has agreed to be bound by the terms of this Agreement and been accepted by us to access and use the Auction Site.

Reserve Price

means the minimum price at which a Lot must be equal or higher to for a Seller to be required to sell the Lot to a Registered Bidder.

Seller

means the person selling a Lot.

Intellectual Property Rights
means all intellectual property rights, including all copyright, patents, trade marks, design rights, moral rights, trade secrets, domain names, know how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application. Unless the context requires otherwise:
1. a reference to a person includes a corporation or any other legal entity;
2. the singular includes the plural and vice versa;
3. headings are for convenience and do not form part of this Agreement or otherwise affect the interpretation of this Agreement;
4. the term "includes" (or any similar term) means "includes without limitation"; and
5. a reference to any statute includes references to any subsequently amended, consolidated or re-enacted version of that statute and all delegated legislation or other statutory instruments made under it.
OH&S Laws

means the Health and Safety Acts, Regulations and Codes of Practice in all ustralian States and Territories that, inter alia, impose occupational health and safety obligations on persons who use or operate P&E in a workplace and on employers whose employees use or operate that P&E.

P&E

means plant and equipment that is available for purchase at the Auction Site.

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