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CONTENTS
GENERAL
DISPUTE
IDEMNIFICATION
BIDS
ITEMS FOR SALE
AUCTION CLOSURE
RESERVE PRICE
SHIPMENT
BUYING
SELLING
TITLE AND RISK
LISTING CONTENT
WITHDRAWAL
LIABILITY LIMITATION
Auction Trader AND USERS
MONITORING
FURTHER ACKNOWLEDGEMENTS
Auction Trader User Agreement



All Bidders, Buyers, Sellers, or other persons herein after known as "Users", participating in the Auction Trader system agree to use such system strictly in accordance with the Terms and Conditions as specified by Auction Trader below


1. GENERAL
All goods sold or purchased under the Sassoon Nominees Pty Ltd system are sold or purchased subject to these Terms and Conditions.

All users hereby release, waiver, indemnify, and not to sue or take any legal action against Sassoon Nominees Pty Ltd hereafter known as Auction Trader, its officers, owners, shareholders, directors, agents, employees, lessors, co-sponsors, heirs and successors, all for the purpose herein referred to as "Agent", regarding any and all liability to the "Users", my personal representative, heirs, successors and assigns, for any and all loss or damage in any claim or demands on account of injury to the person or property, or resulting in the death or monetary loss to the "Users", whether caused by negligence or other wrongful act or omission of the releases or otherwise which may occur, directly or indirectly from purchase or sale or the use of the merchandise, vehicles, and/or electronic facilities of Auction Trader. The "Users", further expressly agrees that this release is intended to be as broad and inclusive as permitted by Australian Federal Law, and the Law of the State of Victoria, and if any portion is held invalid, it is agreed that the balance shall continue in full legal force and effect.

These Terms and Conditions constitute the entire Terms and Conditions with respect to the sale and purchase of items or products listed herein by users of Auction Trader. By registering, users are agreeing to be bound by the Terms and Conditions provided herein. Users should not submit an Auction Trader application form if they do not accept these Terms and Conditions. These Terms and Conditions shall be governed and interpreted by the laws of the State of Victoria Australia. Users expressly agree to: (a) provide certain current, complete, and accurate information about yourself as prompted to do so by the System; and
(b) maintain and update this information as required to keep it current, complete and accurate.


2. DISPUTE
In the event of any dispute arising from the use of the Auction Trader system. Auction Trader shall be the sole determinant in such dispute. Auction Trader accepts no liability for errors and/or omissions arising from such determination.

3. IDEMNIFICATION
Auction Trader acts solely as an Agent and service provider of the Auction Trader system. In the event of any dispute arising through any sale, purchase or for any other reason by the users of the Auction Trader system. All users hereby agree to indemnify Auction Trader.

4. BIDS
Users acknowledge that bids placed on the Auction Trader system can be increased by price and/or volume but it is only under exceptional circumstances that bids can be withdrawn.
The successful winning user agrees to pay the seller for all goods in which he is deemed to be the successful winning user by Auction Trader.


5. ITEMS LISTED FOR SALE
Upon posting of an item onto the Auction Trader system by a user, the selling user agrees to pay Auction Trader by way of an electronic transfer from the credit card account as supplied by the user to Auction Trader, the amount as prescribed for insertion of the said item to be listed in the Auction Trader system.

6. AUCTION CLOSURE
Upon the closure of an auction item with a successful winning user, the selling user agrees to pay Auction Trader by way of an electronic transfer from the credit card account as supplied by the selling user to Auction Trader or by other payment options presented by Auction Trader, the amount as prescribed for sale commission of the said item listed by Auction Trader.
(Note! It is a criminal offence to use a credit card to obtain a financial advantage by deception and offenders will be prosecuted).

Payments made after the payment deadline quoted in the email or in Merchant Services pages, if accepted, incur a 5% handling fee.

7. RESERVE PRICE
Should a reserve price as set by the seller not be reached by the close of the auction, Auction Trader will notify the seller by email of the email details of the user with the highest bid.

8. SHIPMENT
  • Person-To-Person
  • Merchant Services, Auction Trader

  • Shipping arrangements are usually the sole responsibility of the successful selling user. This can be varied by the seller within the listing


    Merchant Services will engage a carrier on the buyers behalf. Once the item is passed to a commercial carrier, responsibility passes to the carrier.


    9. BUYING
    All elements of a sale including settlement of the sale/ purchase price initiated by the buying user on the Auction Trader system are the sole responsibility of the buying user.

    10. SELLING
  • Person-To-Person
  • Merchant Services, Auction Trader

  • All elements of a sale initiated by the selling user on the system are the sole responsibility of the selling user.


    All items are sold under the following Merchant Services Terms and Conditions

    11. TITLE AND RISK
    a) Products supplied by Auction Trader to the customer will be at the customer's risk immediately upon delivery of the products to a recognised carrier for transport to the customer or into the customer's custody and control (whichever is the sooner).

    b) Auction Trader will not be liable for any damage or defects in the products that have been caused by the improper storage, warehousing or transport, or by any neglect, abuse or improper use,.installation, or maintenance.

    c) The customer must effect and maintain with a reputable insurance company insurance for the products, at its cost, against all risks as it thinks appropriate.

    d) Risk in the products will remain with the customer at all times unless Auction Trader retakes possession of the products.

    e) Title in the products supplied by Auction Trader to the customer will not pass to the customer until those products and any other products supplied by Auction Trader to the customer have been paid for in full.

    f) If the products have not been paid for in full, lot will remain in the warehouse and the successful winner will incur a negative rating, which can be saved only by the submission of penalty fee being the fee required for the relisting of the item which is 15% of the highest winning bid.


    12. LISTING CONTENT
    Selling users agree not to publish any pornographic, obscene, slanderous, pirated, offensive, or other illegal material on the Auction Trader system.

    13. WITHDRAWAL
    Auction Trader reserves the right to withdraw any item from sale or any user bid at any time without notice or explanation.

    Auction Trader reserves the right to reject or cancel bids, reject any items for sale which it believes are not in accordance with these Terms and Conditions, operating procedures, or are deemed illegal under Federal, State or Local laws or are deemed to be not in the best interests of the buyer user and or the selling user. Bids are restricted to individual lots only.

    14. LIMITATION OF LIABILITY
    Most items listed for sale by Auction Trader are entered and described by the selling user without intervention or editing by Auction Trader. Auction Trader, therefore, cannot and will not be held responsible for the accuracy of the descriptions used to identify the said items, nor will they accept any responsibility for same, and expressly deny liability for any warranty or description stated therein. Statements of the items noted in the Auction Trader listings by the manufacturer and/or individual selling user are the opinion of the selling user and should not be construed as the opinion of Auction Trader or as a matter of fact.

    Auction Trader is not responsible for the failure to execute a bid, for errors relating to the execution of a bid, or for technical problems, which may hinder the efficiency of a bid. Auction Trader can not be held responsible for any email transmission times and/or delays.

    Auction Trader is further indemnified under clause 3 and will not be held responsible for any claims arising from: -
    a) The non payment of sales tax or any other Government charges resulting from the sale through Auction Trader system. (Responsibility of seller)
    b) Claims against copyright (It is illegal to sell computer software that is not licensed by the manufacturer).
    c) Theft of stored data (Data files or stored data not intended to be included with the goods remain the property of the author).
    d) Claims against occupational health and safety. (It is the responsible of the buyer to ensure that goods offered comply with appropriate safety requirements).


    15. Auction Trader AND USERS
    Auction Trader will make the best endeavours to avoid any misrepresentation of items offered for sale by any selling user and is indemnified in Clause 3 above. Should any such misrepresentation occur Auction Trader reserves the right to:-
    a) Ban any selling user it believes on reasonable grounds to be falsely misrepresenting items.
    b. Reserves the right to publish any information on Auction Trader regarding selling users history. Should Auction Trader publish any such information it is acknowledged that that they are indemnified in clause 3 above


    16. MONITORING
    Auction Trader reserves the right, but not the obligation, to monitor the content of the website, including lot listings content and user feedback, to determine compliance with this agreement.


    17. FURTHER ACKNOWLEDGEMENTS
    Auction Trader reserves the right, as its sole discretion and without limitation, to:
    a) Amend its Terms and Conditions and/or rules, procedures or policies without prior notice;
    b) Delay application processing or participation within the Auction Trader system; and
    c) Refuse and/or reject any "Bidder Alias" selection or bidder comment (intended for display on the Auction Trader system) that Auction Trader considers offensive or not in the interests of Auction Trader .



    Auction Trader Terms and Conditions
    Last updated on May 30, 2006

      
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