Bidders Terms & Conditions

Buyer - Acknowledgment

You hereby warrant that the information provided is accurate, true and correct. Collection Statement: By submitting this form, you hereby consent and agree that:

  • Your personal information will be collected and disclosed to the Agent and/or its authorised personnel;
  • The Agent is not permitted to use your information for any other purpose other than for the purpose permitted.

Our Privacy Policy explains how we store personal information and how you may access, correct or complain about the handling of personal information.

These are the terms and conditions of use of the SoldOnline platform and Website by a registered Bidder (Terms and Conditions). Please read these Terms and Conditions carefully. By registering and using, browsing and/or accessing our platform and Website, you agree to be bound by the Terms and Conditions. If you do not agree with the Terms and Conditions, you must cease using the Website or any of the services immediately. Any variation to these Terms and Conditions must be in writing and signed by an authorised officer of SoldOnline.

1. DESCRIPTION

  1. As a registered user, (you/your) you will be permitted (subject to satisfying our requirements as contained in these Terms and Conditions or otherwise) to participate in an Auction as an online bidder via the Website.
  2. The Website facilitates the exchange of information concerning the sale, purchase, exchange or other disposal of land between:
    1. the Vendor;
    2. the Vendor’s Agent;
    3. you as a registered user of the Website; or
    4. a person or entity that you may bid or negotiate on behalf of.

2. ACCEPTING THE TERMS AND CONDITIONS

You accept the Terms and Conditions by accessing our website and utilising the services. You also accept the Terms and Conditions by completing the Online Bidder Registration Form and submitting.

3. BECOMING A REGISTERED USER

  1. To become a registered user, you must successfully complete an application for registration via the vendor’s agent or by self-registration on the Website.
  2. The application to become a registered user of the Website incorporates these Terms and Conditions.
  3. Registered user status is free but non-transferable.
  4. We will forward a link via email or SMS to the designated email address or telephone number supplied by you when you register. When opened, the link will require you to confirm your identity, and we will require you to upload documents we require to identify you and any entity you may bid on behalf of, before you can enter the bidding page and participate in the auction.
  5. You will choose a Personal Identification Number (PIN), which must be entered each time that you submit a bid to us. The PIN is only to be used by you. You will also be required to choose a bidder number.
  6. You must be eighteen (18) years old or over in order to apply for and become a registered user.
  7. If you intend to Bid, negotiate or make an offer on behalf of another person or entity, you must provide to us the name, address and any other information we require of that other person or entity, together with any evidence of your right or entitlement to bid or make an offer on behalf of that other person or entity, and any identifying information that we require.
  8. You warrant that any information you give to use and other users in the course of completing the registration process will always be accurate, correct and up to date.

4. AUCTION

4.1 APPLICATION

This clause 4 shall apply if the sale type noted on the advertisement is “Online Auction”.

4.2 YOUR OBLIGATIONS

  1. Prior to commencement of the Auction, you must be a Registered Bidder.
  2. You will be solely responsible for your participation as Registered Bidder and any Bid(s) you make during an Auction. You acknowledge and agree that any online Bid(s) made using your PIN have been made by you and are your responsibility.
  3. By making a Bid, you warrant and represent that you are legally entitled to enter into and complete the transaction contemplated in the Contract of Sale.
  4. You (or the entity on whose behalf you are registered to Bid) will be the Purchaser if: (i) your Bid is the highest value Bid at the Final Auction Time; (ii) the Reserve Price has been met or exceeded; and (iii) you have not otherwise been disqualified or prevented from participating in the Auction by the auctioneer.
  5. If you are notified that you or the entity on whose behalf you are registered to Bid has been successful, you or that entity must complete the transaction contemplated by the Auction, including by signing the Contract for Sale and paying the agreed deposit to the nominated stakeholder in accordance with the Contract for Sale.
  6. If you are the highest bidder at the completion of the Auction and the Property is knocked down to you and for whatever reason you are in default by not executing the Contract of Sale, you irrevocably appoint:
    1. Mr David Scholes (the principal of SoldOnline and licensed auctioneer in New South Wales under license number 238 350); and/or
    2. The acting general manager of SoldOnline; and/or
    3. The Vendor's Agent; and/or
    4. The Vendor's agent's auctioneer if one has been appointed, (Collectively the "Agents") to sign the Contract of Sale on your behalf.
  7. You acknowledge and agree that, prior to the commencement of the Auction, and as a condition to using Our platform to participate and bid at the Auction:
    1. you have read and understood the terms and conditions of the auction and all additional material provided to you by the agent, auctioneer and us;
    2. you have read and understood the contract of sale relevant to the Auction;
    3. you have received independent legal and financial advice regarding the property or have chosen to proceed and participate in the Auction without receiving independent legal and financial advice regarding the property; and
    4. that the auction will be conducted in accordance with the relevant legislative requirements governing auctions in the State or Territory advised by the Auctioneer prior to the commencement of the Auction and you agree to be bound by the relevant legislative requirements.
  8. You acknowledge that we will provide automated alerts/notification(s) to you during an Auction concerning the status of the Auction by either email or SMS, or both. You consent to the receipt of such notifications during the Auction and agree that such notifications are not unsolicited commercial electronic messages. However, we are not obliged to provide such notifications to you and it is your responsibility to check on the progress of the Auction.

4.3 THE AUCTION

  1. The Auction will commence on the day appointed by the Vendor’s Agent with a nominated starting Bid or vendor Bid.
  2. A Registered Bidder may, subject to satisfying our registration and identification requirements, log on to the Website and make a Bid (subject to these Terms and Conditions) during the Auction.
  3. The Vendor’s Agent will set a Minimum Bid Increment. The Vendor’s Agent may elect to alter the minimum bid increment during the course of the auction.
  4. If a minimum bid increment is altered:
    1. all registered users participating in the auction will be notified via the Website; and
    2. if the auction is in the Final Count, then the Final Auction Time will be extended by three (3) minutes.
  5. A Bid during the Auction must increase the current highest Bid by either the Minimum Bid Increment or a multiple of the Minimum Bid Increment.
  6. You acknowledge that the Auctioneer may decide, at any time during the Auction and in his or her sole discretion whether to accept or decline your bid.
  7. If the Vendor of an Auction consists of co-owners and one of the co-owners will be bidding at the Auction with the intention of purchasing the Property, the agent will notify you of these circumstances on the Website during the Auction. The Bidders number of the co-owner will be notified to all other bidders.
  8. The Vendor (not co-owner) shall have the right to one Bid which will be identified as a "Vendor bid" and made on behalf of the Vendor by the Vendor’s agent. We may allow additional Vendor Bid’s in some states.
  9. The Auction will be conducted over a period of time (nominated by the Vendor’s Agent) and will end at the Final Auction Time identified on the Website.
  10. If a Bid is received during the Final Count, then the Final Auction Time will be extended by an additional three (3) minutes, and will continue to be extended by an additional three (3) minutes for each subsequent Bid received during the Final Count until no further Bid(s) are received during the Final Count.
  11. Provided that the current Bid reaches or exceeds the Reserve Price, at the Final Auction Time the highest Bid will determine the purchaser of the Property and the Property will be "knocked down" to that party.
  12. You may retract a Bid at any time before the Final Auction Time, or before a subsequent Bid is made by another Registered Bidder. You may not retract a Bid if another Registered Bidder makes a Bid that is higher in value to your last Bid, including if the other Registered Bidder subsequently retracts their Bid at any time prior to the Final Auction Time.
  13. If you retract a Bid during an Auction, you will automatically be deregistered from, and will no longer be permitted to participate in, the Auction.
  14. The Final Auction Time, as shown by the timer provided on the Website, is conclusive as to when the Auction ends and the Property is "knocked down".
  15. If during the period of the Auction:
    1. the Vendor dies or becomes mentally ill or incapable of managing their own affairs;
    2. or the Property is destroyed or substantially damaged to render it unfit for sale;
    3. or for any other reason determined by us, the Auction will be terminated and all registered bidders will be notified by the Website.

4.4 RESERVE PRICE

  1. The Vendor’s Agent shall set the Reserve Price on the Website. The Reserve Price will be provided in writing to our licensed auctioneer and uploaded to the Website by the Vendor’s Agent or auctioneer. If a Bid is made that is below the Reserve Price, the Vendor’s Agent may reduce the Reserve Price and accept the current highest Bid if that Bid is above the Reserve Price with the Vendor’s consent and in accordance with the Vendor’s instructions.
  2. All viewers of the Auction will be notified if the Reserve Price has been reached.
  3. Subject to sub-clause 4.4(h), if immediately prior to the Final Auction Time the
    4. Reserve Price has not been reached, the Final Auction Time will be extended by five (5) minutes and the Vendor Consultation Period will commence.
  4. Registered bidders may not make a bid or participate in the Auction during the Vendor Consultation Period.
  5. The Vendor may decide during the Vendor Consultation Period to accept the current bid whereupon the Final Auction Time will be extended by five (5) minutes and Registered Bidders may resume participation in the Auction.
  6. If, after the Vendor Consultation Period has expired and the Final Auction Time has expired the Reserve Price has not been reached, the Registered Bidder with the highest value Bid will have the Reserve Price displayed to them and will have the exclusive right for a period of sixty (60) minutes from the Final Auction Time to negotiate with the Vendor’s Agent and complete the transaction.
  7. If during the negotiation period stipulated in clause 4.4(f) above, the highest bidder does not agree to increase their bid and does not wish to further negotiate, the
  8. Vendor’s Agent may negotiate with another person or entity prior to the expiration of the sixty (60) minutes.
  9. No Vendor Consultation Period will be permitted if only one (1) Bid is received during the Auction.

4.5 BID PRECEDENCE

  1. Bids will be ranked in the following order of precedence:
    1. by the amount of the Bid; or
    2. where two (2) or more Bids of the same price are made, by the time that the Bid was submitted.

4.6 AUCTION RULES

  1. Except where expressly stated in these Registered Buyer Terms and Conditions and at the auctioneer's discretion, the online auction will be conducted in accordance with the rules in relation to property auctions applicable in New South Wales, in particular the Property and Stock Agents Act (NSW) 2002 and Regulations 2014, and specifically; the NSW Prescribed Conditions of Sale by Auction. You agree to comply with any other auction rules set out on the Website.
  2. By agreeing to these terms, you acknowledge that you have read or have had the opportunity to read the NSW Prescribed Conditions of Sale by Auction (Prescribed Conditions) and agree to be bound by the Prescribed Conditions.

4.7 ACKNOWLEDGEMENTS

You acknowledge that:

  1. the auction is conducted online and where applicable and at the discretion of the auctioneer the auction will generally be conducted in accordance with the NSW Prescribed Conditions of Sale for real property auctions in the State of New South Wales;
  2. an Auction can be suspended by either the Vendor’s Agent or the Auctioneer for any reason whatsoever. If an Auction is suspended, all Registered Bidders will be notified. The Vendor’s Agent or Auctioneer may resume the Auction with the Bid prior to suspension holding precedence;
  3. if a dispute arises due to a disruption to the services, that dispute will be resolved by the Auctioneer and the Auctioneers decision shall be final. The Auctioneer may also decide on a course of action before any dispute arises;
  4. you are responsible for ensuring that you have an effective internet connection available throughout the duration of the Auction;
  5. by bidding at the online auction, you acknowledge that you have read and understood these Bidder Terms and Conditions and all other requirements of you in relation to the online auction;
  6. you have had an opportunity to seek legal advice in relation to the land sale contract relevant to the property you are bidding on and by submitting bids in relation to the property you are confirming that you wish to proceed with the purchase of the property in its current 'as is' condition and in accordance with the terms set out in the land sale contract;
  7. you understand that your obligations in relation to the land sale contract are governed by the laws and regulations regarding the purchase of land and buildings that apply in the State where the property is located, and you agree to be bound to and comply with those laws and regulations;
  8. if you are the Purchaser, you undertake to pay the deposit due under the Contract of Sale by bank cheque or cleared funds as directed by the sole stakeholder under the Contract of Sale by the day following the completion of the Auction and you understand that there are no 'cooling off' provisions under any State laws that apply to contracts for sale by auction, including the Contract of Sale, and that you will be bound to complete the Contract of Sale if you are the Purchaser.

5. YOUR RELATIONSHIP WITH US

Nothing in these Terms and Conditions creates any relationship of employment, agency or partnership between you and us, except where expressly stated. There is no contract of sale between you and us.

6. INTELLECTUAL PROPERTY

  1. These Terms and Conditions do not give you any Intellectual Property Rights in the Website. Your details and information that you provide us about yourself or which we gather may be retained by us on our database. You have no rights in that database. We may use such database in the conduct of our business, subject to privacy and other relevant laws. We may aggregate data for statistical and other purposes. We are not liable for any infringement or unauthorised use of any Intellectual Property Rights arising from these terms and conditions.
  2. If any dispute or claim is made in respect of any infringement or unauthorised use of Intellectual Property, we may terminate these Terms and Conditions by notice to you and without liability to you or any other person. In these Terms and Conditions, Intellectual Property includes the full benefit of any rights in any copyright, trade mark, registered design, patent, trade and business names, inventions, know how, improvements, discoveries, confidential processes and information and includes without limitation the look and feel of the websites, artistic works, images, designs, motifs and photographs and any adaptation or concept relating to it.

7. OUR WARRANTIES

  1. We offer no warranties in relation to the properties sold or listed on the Website. We do not warrant the truth or accuracy of listings and we have no control over representations made by the Vendor or the Vendor’s agent.
  2. Whilst we have no reason to believe that any information contained on the Website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep the Website up to date.
  3. We cannot guarantee continuous or secure access to our services (including our online auction services) and the operation of the Website may be interfered with by numerous factors outside our control.
  4. You acknowledge that we make no representation as to the ownership or title in auctioned properties or as to the ability of the vendor to complete the transaction. No data transmission over the Internet can be guaranteed as totally secure. Whilst we will use best endeavours to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Despite this, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
  5. To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or liability under, any such condition or warranty but allows limitation, that condition or warranty is limited to supplying the service again.

8. YOUR WARRANTIES

You warrant that:

  1. your access to the Website is not illegal or prohibited by the laws which apply to you;
  2. you will keep any password related to the Website secure and confidential;
  3. you will not interfere with or disrupt the operation of the Website or its contents;
  4. you are over the age of eighteen (18) years;
  5. your Registered Bidder details are true and accurate at all times;
  6. you will notify us immediately of any change to your Registered Bidder details as originally given;
  7. you are otherwise entitled to participate in the Auction;
  8. you will not attempt to gain unauthorised access to the Website or computer systems or networks connected to the Website by any means used to circumvent security procedure, including by hacking or password or data mining;
  9. you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission;
  10. you will not use the Website in any manner that could damage, disable, overburden or impair it or any service we provide or interfere with any other party’s use and enjoyment of the Website;
  11. you will not post or otherwise make available on the Website any content that is illegal, obscene, threatening, defamatory, or otherwise injurious to third parties; and
  12. you will not impersonate any person or entity, or otherwise mislead as to the origin of the information you upload on the Website.

9. LIMITATION OF LIABILITY

  1. Under no circumstances are we liable for special, indirect or consequential loss or damage of any kind including any loss of profit or of contract, even if you advise us of any special circumstances or such loss was reasonably foreseeable, which you may directly or indirectly suffer, including in connection with:
    1. your use of the Website;
    2. your use of or reliance on the information contained on or accessed through the Website, including in relation to its accuracy, adequacy and currency;
    3. a Bid not being processed due to technical difficulties affecting our system;
    4. any Property supplied pursuant to an Auction offered over the Website;
    5. a failure or omission on the part of the other party to a transaction to complete the sale; or
    6. the transmission of any computer viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operation of your computer system.
  2. In the event that your Bid is accepted, you and the Vendor will have an obligation to complete the transaction. This is the responsibility of you and the Vendor, not our responsibility. If you have any doubts about the ability of the Vendor to discharge its obligations in this regard, it is your responsibility to make all necessary enquiries in advance and to take any steps which you consider to be appropriate in the circumstances.
  3. Responsibility for the content of advertisements appearing on the Website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertiser’s products and each advertiser is solely responsible for any representations made in connection with its advertisement.

10. ONLINE CONTRACT EXCHANGE

  1. If you are the purchaser by Auction you have the option to:
    1. sign the Contract of Sale of land concerning the Property by way of electronic signature utilising a third-party software platform; and
    2. Exchange the Contract of Sale by electronic means.
  2. You agree that we are not responsible for any omission, misrepresentation or error that may occur before, during or after the electronic signing and exchange of the Contract of Sale concerning the Property.

11. INDEMNITY

  1. You release and indemnify us against all actions, claims, demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising out of a failure by us to comply with these Terms and Conditions or a failure by the other party to a transaction to complete a sale or satisfy the requirements of the sale.
  2. You also release and indemnify us against all actions, claims and demands (including the costs of defending or settling any action, claim or demand) which may be instituted against us arising out of any act or omission on your part, including but not limited to a failure by you to comply with your obligations under these Terms and Conditions.

12. CONSUMER CREDIT CODE EXCLUDED

  1. You acknowledge that:
    1. you are not an associate or related body corporate or related party or related entity of ours (as such terms are defined in the Corporations Act 2001);
    2. and the Consumer Credit Code does not apply to these Terms and Conditions.
  2. If, at any time:
    1. you believe that you may not or may be unable to perform or comply with your obligations under these Terms and Conditions;
    2. you are or become insolvent or you have an administrator appointed;
    3. or there is a change or a change is proposed to your shareholding, shareholders or directors,
      4. you agree that:
    4. you will immediately notify us that one or more of the above notifiable events has occurred and you will keep us notified on a monthly basis until such notifiable event no longer exists;
    5. and we have no obligation to you and will terminate your Registered Bidder status while a notifiable event exists.
  3. For the purpose of these Terms and Conditions, you are insolvent if:
    1. a receiver or receiver and manager or an agent for a mortgagee in possession has been appointed over all of your assets and undertakings;
    2. you have passed an effective resolution for your voluntary winding-up;
    3. an order has been made by a Court of competent jurisdiction for you to be wound up;
    4. a compromise arrangement (excluding a voluntary administration) has been made legally binding on you and your creditors;
    5. you have presented a debtor’s petition and it has been accepted by the Registrar in Bankruptcy;
    6. you have entered into a composition, deed of assignment or deed of arrangement under Part X of the Bankruptcy Act (or equivalent) with your creditors;
    7. or a legally binding sequestration order has been made against your estate.

13. TERMINATION OF YOUR REGISTERED USER STATUS

Your registered user status may be terminated at any time by us without notice. Clauses 2, 4, 4.7, 6, 7, 8, 9, 10, 11, 12, 14, 15, 17 and 19 will survive any termination of your registered user status.

14. GENERAL

  1. The application for registration as a registered user, these terms and Conditions and any other rules or terms and conditions set out on the Website form the entire agreement on which we are willing to deal with you and all or any previous agreements or understandings we may have had with you are superseded by these Terms and Conditions.
  2. We may alter these Terms and Conditions at any time without notice to you. All transactions after the date specified in such notice will be subject to the altered terms and conditions. If you continue to trade with us after the date such alterations become effective you will be deemed to have agreed to the altered terms and conditions.
  3. You must not assign any rights or benefits under these Terms and Conditions.
  4. To the extent of any discrepancy between these Terms and Conditions and any third party (including your own) terms and conditions these Terms and Conditions prevail.
  5. These Terms and Conditions are governed by, and you agree to submit to, the laws applicable in the State of New South Wales, Australia. The Supreme Court of New South Wales shall have the jurisdiction to settle any disputes which may arise in connection with these Terms and Conditions.
  6. If we waive any rights available to us under these Terms and Conditions on one or more occasions, this does not mean that those rights will automatically be waived on any other occasion. If any of these Terms and Conditions are held to be invalid, unenforceable or illegal for any reason, despite this the remaining Terms and Conditions will continue in full force.
  7. The Website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites. Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated by us to the contrary.

15. PRIVACY

Certain information that you provide to us about yourself is subject to our Privacy Policy. Visit our website to view our Privacy Policy.

16. INTERPRETATION

In these Terms and Conditions unless otherwise indicated by the context:

  1. reference to a party to a document includes that party’s successors and permitted assigns;
  2. "including" and other similar words are not words of limitation;
  3. an agreement, deed, covenant, representation or warranty on the part of two or more persons binds them jointly and severally;
  4. any indemnity given under these terms and conditions is an irrevocable, unconditional and continuing indemnity; and
  5. general words following words describing a particular class or category are not restricted to that class or category.

17. DISCLAIMER

Subject to this clause, and to the maximum extent permitted by law:
  1. All terms, guarantees, warranties, representations or conditions which are not expressly states in these Terms and Conditions are excluded; and
  2. We will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet Our obligations under the applicable laws), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the services of these Terms and Conditions (including as a result of not being able to use the services or the late supply of the services).

18. DEFINITIONS AND INTERPRETATION

18.1 DEFINED TERMS

  1. Auction means the online auction conducted on the Website in respect of the Property.
  2. Auctioneer means SoldOnline.
  3. Bid means an electronic bid made by Registered Bidders or the Vendor during an Auction.
  4. Business Day means any day which is not Saturday, Sunday or a public holiday.
  5. Contract of Sale means the Contract of Sale of land in respect of the Property;
  6. Final Count means the period commencing three (3) minutes prior to the Final Auction Time.
  7. Minimum Bid Increment means the minimum increment set by the Vendor’s Agent that a bid must be above the current bid during the Auction.
  8. Property means the real property identified in respect of a listing on the Website.
  9. Purchaser means the Registered Bidder (or if the Registered Bidder was acting on behalf of another person or entity, that person or entity) that at the Final Auction Time:
    1. has made the highest value Bid;
    2. the Bid has met or exceeded the Reserve Price; and
    3. the Registered Bidder has not been otherwise disqualified or prevented from participating in the Auction by the auctioneer.
  10. Registered Bidder means a registered user of the Website that has satisfied our registration and identification requirements and has registered on the Website to Bid (either on their own behalf or on behalf of another person of entity) during an Auction.
  11. Reserve Price means the reserve price for the Property nominated by the Vendor.
  12. Terms and Conditions means these terms and conditions as amended, varied or replaced from time to time.
  13. Vendor means the registered proprietor of the Property.
  14. Vendor’s Agent means the real estate agent appointed by and representing the Vendor.
  15. Vendor Consultation Period means the period of five (5) minutes during which the Vendor and Vendor’s Agent may consult, and if desired, amend the Reserve.
  16. Website means our website soldonline.com.au or otherwise accessible at a domain name as notified by us from time to time.

18.2 INTERPRETATION

  1. Words importing the singular meaning include the plural and vice versa, any reference to a “person” includes a corporation and words importing one gender import all others.
  2. Any agreement, covenant, representation or warranty on the part of or in favour of any two or more persons bind them, or is in favour of each of them, both jointly and severally.
  3. References to any legislation or to any provision of any legislation shall include any modification or re-enactment, or any legislation or legislative provision substituted for or corresponding or similar to, and all legislative and statutory instruments issued under such legislation or such provision.
  4. A reference to a clause, paragraph, item or schedule is a reference to a clause, paragraph, item or schedule of this.
  5. A reference to a party to a document includes that party’s legal personal representatives, heirs, executors, administrators, beneficiaries, successors and permitted assigns.
  6. A reference to “$” or “dollars” is to Australian currency.
  7. Headings and any table of contents or index are for convenience only and do not affect the interpretation of this.
  8. Where an expression is defined it has the same meaning throughout these Terms and Conditions.
  9. “Including” and other similar words are not words of limitation.
  10. General words following words describing a particular class or category are not restricted to that class or category.
  11. In the event that pursuant to this an act is due to be performed on a day which is not a Business Day then that act shall be performed on the next Business Day, provided that, if the act involves the payment of money, and holding over the act would cause the payment to be paid in the following month, then the payment must be made on the last Business Day of the month in which the act is due.

19. AUCTIONEER RIGHTS

The registered auctioneer or duly authorised person/s acting on behalf of the auctioneer, at their sole discretion unilaterally reserves the right to;
  1. Suspend the auction to resolve any issue or seek vendor instructions;
  2. Rectify any error that arises due to a service disruption or malfunction;
  3. Recommence a suspended auction for a period of time;
  4. Make a decision to resolve any disputes that arise due to a disruption to or malfunction of the services, and the Auctioneers decision shall be final;
;