Terms

RED HOT AUCTIONS & SALES SELLING AGENCY AGREEMENT


ENGAGEMENT
1. The Vendor hereby engages the Auctioneers as its exclusive agents to sell either privately or by public auction and or online auction the item/s mentioned in the schedule subject to the specified reserve prices (if any) listed in the schedule and to receive the purchase monies on behalf of the Vendors.
2. The Vendors agree to pay to the auctioneers all sums disbursed by them for the cost of advertising, printing of catalogues, cartage of goods and storage of items on site.
3. In addition to the payments referred to above the Vendors will pay to the auctioneer’s commission . This fee is agreed on between RHA & Sales and the vendor prior to listing item/s on the web site.
4. The Vendors acknowledge that the auctioneers can use as auctioneers any employee or contractor of the purposes of the auction.
5. The Vendors warrant that they are the owners of the goods referred to in the schedule and that there are no monies owing in relation to the goods to any party whatsoever.
6. The Vendors warrant that the goods referred to in the schedule are safe and in fit and proper working order.
7. If the goods are not sold at auction and remain uncollected by the Vendor for a period of 14 days from the date of the auction then the auctioneers may charge the Vendors in addition to any other payments referred to herein the sum of $100.00 per week for storage of such items and in addition may dispose of the goods in any way which the auctioneers think fit and shall not have to pay any compensation loss or damages to the Vendors in relation to the disposal.
8. The Vendors acknowledge that title in the goods remains with them until the goods are sold by the auctioneers.
9. At all times that the auctioneers are in control of the goods or that the goods remain on property owned or leased by the auctioneers the Vendors acknowledge and accept that they shall still remain responsible for the goods and shall not be entitled to make any claim for compensation or take any other action against the auctioneers in relation to any damage or loss suffered to the goods or to any other person whilst in their possession and or control of the auctioneers. The vendors shall be solely responsible for insuring all their goods for any loss or damage sustained whilst in the auctioneers possession.
10. The auctioneers will use their best endeavors to arrange for sale of the goods by public auction.
11. The auctioneer reserves the right to refuse to sell any items when in the opinion of the auctioneers the reserve price is too high.
12. If the goods are not sold at auction and in addition to any other rights of the auctioneers as set out herein the Vendors warrant that they will remove the goods from the auctioneer’s premises as soon as possible.

SPECIAL CONDITIONS

1. The fee to which the auctioneer is entitled shall be due and payable on completion of the sale or upon demand if the sale is not completed owing to the default of the Vendors after the parties have entered into a binding contract. The fees and expenses cannot be varied except as agreed by the auctioneers in writing.
2. It is irrevocably agreed that all monies paid by the purchaser shall be held by the auctioneers and the auctioneers are entitled to deduct all fees, expenses and charges from the deposit monies and shall account to the Vendors for the balance of any such monies.
3. The auctioneers shall be entitled to be reimbursed for any taxes or deductions debited by banks or other financial institutions against the auctioneers account and attributable to the affairs of the Vendors.
4. The Vendors warrant that they have authority to enter into this agreement.
5. The auctioneers do not undertake to perform any other services in connection with the sale other than set out herein.
6. The Vendors will hold and keep indemnified the auctioneers against all action, suits, proceedings, claims, demands, costs and expenses whatsoever which may be taken or made against the auctioneers in the course of or arising out of the performance or exercise of any of the powers, duties or authorities of the auctioneers under this agreement.
7. Please check with Red Hot Auctions and Sales staff prior to attending sales to make certain the items you require have not been withdrawn from auction.

WARNING

1. Any financial or investment advise provided by the auctioneers to the Vendors is of a general nature only whose preparation does not take into account the individual circumstances, objectives, financial situation or needs of the Vendors. The Vendors are advised to consult with their own independent financial and/or investment advisor.
2. The Vendors acknowledge being served with a copy of this agreement.
3. The auctioneer uses personal information collected from or about the Vendors to act as the Vendors auctioneer and to perform their obligations under this agreement. The auctioneers may also use such information collected to promote the services of the auctioneer and/or seek potential clients. The auctioneers will only disclose information to other parties as required to perform their duties under this agreement, to achieve the purposes specified above or otherwise as allowed under any relevant Privacy Legislation.

SCHEDULE OF GOODS

Reserve price (if no figure is inserted then there shall be no reserve price $
(if no figure is inserted then shall be no reserve price)


CONDITIONS OF SALE
1. PURCHASER

Subject to any reserve price and/or at the discretion of the Auctioneer, the highest bidder shall be the Purchaser. The Auctioneer shall be the sole judge of who was the highest bidder. In the event of any dispute between bidders for a lot, the Auctioneer shall have absolute discretion to settle the dispute as sole arbitrator and his decision shall be final. The Auctioneer may (whether or not the lot has been knocked down as sold) resubmit the lot for sale by auction at the sale in progress or as soon as practicable thereafter.

2. AUCTION CONTRACT

Subject to Condition 1, the entry (whether by hand or electronically) of the Purchaser's name or his bidding identification number in the sale book or record by the Auctioneer or by his clerk (either of whom shall be authorised by the purchaser so to enter his name) shall be binding on the Purchaser and the sale book, together with these Conditions of Sale and the Buyer's Identification form shall constitute the whole of the contractual relationship between the Auctioneer and the Purchaser and the Vendor and the Purchaser. If the Vendor requires a separate agreement for sale (in a form disclosed prior to or at auction) to be signed by the Purchaser then the Purchaser shall sign that agreement as soon as practicable after the fall of the hammer and that agreement will then constitute the contractual relationship between the Vendor and the Purchaser together with these Conditions in so far as they are not inconsistent with that agreement.

3. WITHDRAWAL OF BIDS
Any bid acknowledged and relied upon by the Auctioneer shall not be withdrawn.

4. PURCHASER TO PURCHASE AS PRINCIPAL
The Purchaser shall be deemed to purchase as principal unless -

4.1 Prior to the sale he shall have disclosed to the Auctioneer that he will be bidding on behalf of a principal and shall have supplied the full name and address of his principal and a copy of a written authority to bid for and on behalf of that principal; and

4.2 The Purchaser has actual authority to bid on behalf of the disclosed principal. The onus shall be on the Purchaser to show that he had such actual authority.

5. AUCTIONEER'S RIGHTS
The Auctioneer and Vendor reserve the following rights (which may be exercised by the Auctioneer without giving any reason) -

5.1 To not offer for sale any lot described in any catalogue, or advertisement

5.2 To offer for sale part only of any lot described in any catalogue or advertisment

5.3 To offer two or more of the lots described as separate lots in anycatalogue for sale or advertisement together as one lot;

5.4 (If any goods or lots described as separate lots in the catalogue are offered for sale together as one lot and not knocked down to a successful bidder) to offer such goods or lots for auction as separate lots;

5.5 To withdraw any lot or lots from sale;

5.6 To refuse to accept the bidding of any person or persons;

5.7 To refuse any person or persons admission to, or eject them from the auction site;

5.8 To refuse to accept any bid for a lot being less than a sum named from time to time by the Auctioneer;

5.9 To keep secret the existence and quantum of the reserve price (if any) of a lot prior to the close of bidding or withdrawal of the lot;

5.10 In the event that any Purchaser shall successfully bid for more than one lot at the auction

5.10.1 To appropriate any moneys received from that purchase in satisfaction or partial satisfaction of the purchase price (and sales tax or other Government charges if applicable) due in respect of any one or more such lots to the total or partial exclusion of amounts due in respect of any other such lot or lots as the Auctioneer shall see fit;

5.10.2 To elect at any time to treat such contract for the sale of each such lot as interdependent with each other such contract or contracts and hence default under any such contract as default under all such contracts.

5.11 AUCTIONEER BIDDING
The Auctioneer may bid for the Vendor or for any prospective purchaser with or without disclosure and any such bid -
(i) need not be expressed to be effective; and
(ii) (if the highest bid to which a lot is knocked down) shall be sufficiently evidenced if recorded in the sale book.

5.12 (In the event that any lot is not sold) to offer and sell same at the auction or immediately thereafter by private treaty but otherwise on these conditions.

6. RESERVE PRICES AND VENDOR'S BIDS

6.1 This auction sale is subject to the reserve price (if any) for each lot specified to the Auctioneer by the Vendor which reserve price at the Auctioneer's election may be applied in respect of each group of lots or each parcel of goods which may be offered for sale as one lot.

6.2 The right of the Vendor (or any person on his behalf), to bid for a lot, is hereby reserved.

7. DETAILS OF BIDDERS
Any bidder shall give his full name and residential address forthwith upon being called upon to do so by the Auctioneer and produce evidence of identification upon request.

8. PART PAYMENT

8.1 Prior to completion of the auction sale or at any time thereafter specified by the Auctioneer the Purchaser shall pay to the Auctioneer the full purchase price for the lot (plus sales or other tax where applicable, and any other Government charges).

8.2 The Auctioneer at his discretion may or may not require immediate payment or part payment for a lot.

8.3 The purchase price (and where applicable, any part payment thereof and sales or other tax, and any other Governmental charges) shall be paid in cash unless otherwise agreed by the Auctioneer.

8.4 Any balance of the purchase price for a lot shall be paid by the Purchaser to the Auctioneer no later than the expiration of the period during which the Purchaser is required by these conditions to take delivery of the lot, and he shall not be entitled to require or demand delivery until the purchase price (and sales or other tax where applicable, and any other Governmental charges) shall have been paid in full.

8.5 Time shall be of the essence in relation to Conditions 8.1 and 8.4.

9. EXCLUSION OF WARRANTIES

9.1 All lots are open for inspection prior to the sale and it is deemed that the goods have been inspected by the Purchaser. All lots are sold in their current state of repair and condition at the time of the auction or sale with all defects and faults latent, patent or otherwise (if any). No error or misdescription shall vitiate the sale and the Purchaser shall be bound to take delivery of the goods sold without allowance or abatement in price. Any deficiency in the quantity described shall not vitiate the sale, and neither the Auctioneer nor the Vendor shall be bound to deliver more than is in his possession. All lots (including machinery, timber, plant or other property) are to be bid for, purchased and taken as the same now stand and in their present position and condition.

9.2 Advertisements or brochures for the auction or forthcoming sales are statements of opinion and are not to be relied upon as statements, or representations of fact and intending bidders must satisfy themselves by inspection or otherwise as to the nature and condition of the goods offered for sale. If there is any reference to the state of repair, condition, fitness or quality of any goods by the Auctioneer the Purchaser acknowledges that such reference is information provided by the Vendor and if any dispute arises in any such respects then the Purchaser will exclude the Auctioneer from any such dispute or any subsequent claim, action or Court proceedings and the Purchaser agrees to indemnify the Auctioneer from and against all liability (including costs on a full indemnity basis) which may be incurred by the Auctioneer in relation to any such dispute, subsequent claim, action or Court proceedings.

9.3 The Auctioneer and the Vendor make no warranties and give no guarantees as to the condition, suitability, fitness for purpose or merchantable quality of any goods and the Purchaser expressly acknowledges that:
9.3.1 s.71 of the Trade Practices Act 1974 excludes the implied undertakings as to quality and/or fitness for purpose contained in that Act in the case of sales by auction;

9.3.2 s.62 of the Sale of Goods Act, 1923 specifically excludes sales by auction from the definition of "consumer sales" contained in that Act thus excluding the warranties and conditions as to merchantable quality and/or fitness for purpose implied by the Sale of Goods Act, 1923; and

9.3.3 Any warranties, guarantees or conditions as to quality or fitness for purpose implied by the common law or provided by statute are hereby expressly excluded. In addition no warranty or guarantee shall be implied from any statement or affirmation made at or before the time of sale or otherwise, and in all cases where a guarantee or warranty is intended, the same shall attach and be enforceable only if expressly given and reduced to writing and signed by the Vendor or by the Auctioneer as agent of the Vendor.

10. KNOCKED DOWN GOODS AT PURCHASER'S RISK
Each lot shall lie at the Purchaser's risk from the fall of the hammer and neither the Auctioneer nor the Vendor shall be accountable for any deficiency damage or loss howsoever caused which may arise thereafter.

11. DELIVERY AND REMOVAL
No lot shall be removed during the sale or without a clearance from the Auctioneer. Subject to condition 8 hereof delivery of all lots is to be taken and the goods removed by the Purchaser within the time specified on the catalogue or otherwise by the Auctioneer and in this respect time is of the essence. All removals shall be at the expense and risk of the Purchaser and in such removal the Purchaser shall do no damage to the sale site or other goods, or shall forthwith make good any damage which may be occasioned at his own expense. Whether or not a lot has been paid for, any lot or part thereof not so removed by the Purchaser may thereafter be removed by the Auctioneer or by some person or company engaged by the Auctioneer or the Vendor and/or stored at the place at which the auction sale occurs or elsewhere by the Auctioneer by some person or company engaged by the Auctioneer. Such removal and/or storage (whether made for the safety of the goods or for the convenience of the Vendor or for the convenience of the Auctioneer or to enable resale of the goods pursuant to Condition 13 or otherwise) shall be deemed to have been made by the Auctioneer at the request of the Purchaser and all costs incurred by the Auctioneer or Vendor in relation to such removal and/or storage shall be immediately payable by the Purchaser to the Auctioneer and the Auctioneer and/or the Vendor may withhold delivery until all such costs have been fully paid by the Purchaser and may be sued for and recovered as liquidated damages.

12. TITLE AND PROPERTY IN GOODS

(a) The Vendor warrants to the Purchaser that the Vendor has good title to the goods and/or that he has proper authority to sell the goods. The Vendor acknowledges that the Auctioneer relies on this warranty in offering the goods for sale on behalf of the Vendor and the Purchaser acknowledges that such warranty is given by the Vendor and not by the Auctioneer.

(b) Notwithstanding Condition 10 hereof property in any lot sold shall not pass until payment in cash in full of the purchase price (and sales tax where applicable and any other Governmental charges or other moneys payable under these Conditions) or until all cheques given on account of same have been cleared and honoured.

13. DEFAULT
If the Purchaser shall default in the observance or performance of any of his obligations under these Conditions or any interdependent or separate agreement with the Auctioneer or Vendor or if any cheques given on account of his purchases are dishonoured, then any moneys which the Purchaser shall have paid to the Auctioneer on account of his purchase or purchases shall be absolutely forfeited to the Auctioneer of the lot or lots concerned and the Vendor or the Auctioneer shall be at liberty to sue the Purchaser for the purchase price and/or damages, or at option of the Vendor or the Auctioneer and without notice to the Purchaser to resell the lot or lots in any manner (including sale by private treaty) and upon such terms and conditions as he or they may think proper.

14. DAMAGES ON DEFAULT
All losses (including any deficiency in resale price) and expenses incurred by the Vendor or by the Auctioneer resulting from any resale pursuant to Condition 13 hereof (whether or not the amount of those damages exceed the price that was to be paid by the Purchaser for the lot or lots) and all damages which the Vendor and/or the Auctioneer may sustain by reason of the Purchaser's default in the observance or performance of any of his obligations under these Conditions, shall be recoverable from the Purchaser as liquidated damages. Without limiting the generality of the foregoing, the Auctioneer and/or the Vendor shall be entitled to recover from the Purchaser as liquidated damages all costs or expenses incurred by the Auctioneer or the Vendor pursuant to Condition 11 hereof (whether or not the amount of same exceeds the price that was to be paid by the Purchaser for the lot or lots and including all legal costs on a solicitor/client basis) and in the event of a resale of the lot or lots pursuant to Condition 13 hereof (in addition to any deficiency in the resale price):

14.1 The amount of any commission lost on the original sale as the result of the Purchaser's default;

14.2 Commission (at the rate normally charged by the Auctioneer) on the resale; and

14.3 The costs of advertising in respect of any such resale.

15. GENERAL LAW (SAVING OF RIGHTS)
All rights and remedies available to the Auctioneer against the Purchaser under the general law are preserved on the basis that the rights and remedies available to the Auctioneer against the Purchaser under these Conditions are additional to and not in derogation of such general law rights and remedies and the Auctioneer may at his option exercise such general law rights and remedies against the Purchaser either in addition to or as an alternative to the rights and remedies which Auctioneer has against the Purchaser under these Conditions.

16. FURTHER SPECIAL CONDITIONS
The Auctioneer may at or prior to the commencement of an auction announce further special conditions applying to that auction or a particular item put up for auction in which event such further special condition or conditions shall be deemed to be incorporated into and form part of these Conditions.

17. FINANCE
The Buyer expressly acknowledges and warrants to the Agent and to the Vendor that prior to making an offer for a lot or successfully negotiating the purchase of a lot by private treaty, he has either cash resources immediately available to complete his purchase or has obtained approval for such financial assistance or loans as he may need to complete his purchase and that such financial assistance or loans are on reasonable terms and satisfactory to him.

18. GOODS AND SERVICES TAX (GST)

18.1 The Vendor and Purchaser agree that:
(a) The purchase price of a lot or lots have been calculated either inclusive of GST or exclusive of GST depending upon the following situation:
(i) the purchase price of a lot or lots are calculated inclusive of GST, if the Vendor has elected to sell the goods inclusive of GST. GST is also added to all charges and fees applicable; or

(ii) the purchase price of a lot or lots are calculated exclusive of GST if the vendor elects to sell the goods exclusive of GST with GST being added to the purchase price of a lot or lots, however, if the Purchaser is a private buyer, the purchase price is exclusive of GST on the sale price with GST added to all charges and fees. If the buyer is a business, GST will be added to the purchase price and GST will also be added to all charges and fees.

(b) Subject to 18.1, if the whole or any part of any purchase price is the consideration for a Taxable Supply, the Purchaser must pay to the Vendor via the Auctioneer, an amount equal to the GST Amount with that purchase price; and

(c) The Auctioneer, will provide to the Purchaser (if applicable) a Tax Invoice at the same time at which any GST Amount is payable.

18.2 The Vendor and Auctioneer will comply with their obligations under the Trade Practices Act 1974 when calculating the amount of any purchase price.

18.3 In this clause, the following definitions shall apply: GST means the goods and service tax as imposed by the GST Law together with any related interest, penalties, fines or other charges to the extent that they arise from the Purchasers failure to pay when due.

GST Amount means any purchase price ( or the relevant part of the purchase price) multiplied by the appropriate rate of GST (currently 10%).

GST Law has the meaning given to the term in A New Tax System (Goods and Services Tax) Act 1999, or, if that Act does not exist for any reason, means any Act imposing or relating to the imposition or administration of a goods and service tax in Australia and any regulation made under that Act.

Tax Invoice has the meaning given to that term by the GST Law.
Taxable Supply has the meaning given to that term by the GST Law.

19. NOTE: SPECIAL CONDITION RE SALE OF PLANT
The Purchaser acknowledges that:

19.1 The Occupational Health & Safety Act 1983 ("the Act") and the subsequent Occupational Health & Safety Regulations ("the Regulations") impose obligations in respect of safety for workers arising out of the design manufacture and supply of Plant and Equipment ("plant") for use in a workplace.

19.2 The Auctioneer and the Vendor have warned prospective Purchasers that no plant offered for sale is fit for use in any workplace and it is the purchaser's or user's responsibility to ensure that the plant is brought to a standard necessary to comply with the Act and the Regulations before using it and to carry out testing and examination to ensure it is safe and fit for use in the workplace.

19.3 In so far as they are readily available, the relevant health and safety information prepared by the Designer or Manufacturer of the plant and any records kept by previous owners of the plant under the Regulations ("the information and/or records") and a copy of the Act and the Regulations were, at the request of the Purchaser, made available for inspection.

19.4 Where no such information and/or records are available, no liability for the absence of same is assumed by the Auctioneer and/or the Vendor.

19.5 It is the responsibility of the Purchaser to ensure that he seek to ascertain the information and/or records of his own accord.

19.6 Breaches of the Act and the Regulations carry very heavy penalties in the interest of health and safety for workers, safety inspections of all plant purchased at auction must be performed by the Purchaser. Where plant is to be used in areas not covered by the Act and the Regulations, the Purchaser should regard plant as unfit for use.

20. INTERPRETATION
Unless the context otherwise requires:

20.1 'Auctioneer' means RED HOT AUCTIONS AND SALES except that where the context so permits it shall mean or include the person actually conducting the auction sale on its behalf.

20.2 'Vendor' includes each and every one of the owners of a subject lot and the person or company instructing or authorising the Auctioneer to offer that lot for sale and where more than one jointly and severally.

20.3 References to "Conditions" or "these Conditions" means a reference to this document which is headed - "Terms and Conditions of Auction and/or Sale".

20.4 References to any legislation or legislative provision include any statutory modification or re-enactment of, or any legislative provision substituted for, and any statutory instrument issued under, that legislation or legislative provision;

20.5 Words denoting the singular number include the plural number and vice versa;

20.6 Words denoting individuals or persons include corporations, authorities, governments and governmental agencies and vice versa;

20.7 Words denoting any gender include all genders;

20.8 Headings are for convenience only and do not affect interpretation;

20.9 References to any agreement or document are to that agreement or document (and, where applicable, any provision thereof) as amended, notated, supplemented or replaced from time to time;

20.10 References to any party in these Conditions, or any other document or arrangement, include that party's executors, administrators, substitutes, successors and permitted assigns.

20.11 Any condition or agreement on the part or in favour of two or more persons is deemed to bind them or be in favour of them jointly and each of them severally.

20.12 If any term or condition of these Conditions shall to any extent be held by any court of competent jurisdiction to be invalid or unenforceable the remaining terms and conditions of these Conditions shall not be affected thereby, and shall remain in full force and effect.

20.13 The proper law governing the interpretation and enforcement of these Conditions including all substantive rights and obligations hereunder and the manner mode and method of performance shall be the law of the State of New South Wales.

NOTE: SPECIAL CONDITION 9A TO BE INCLUDED FOR FINE ART SALE

9A Notwithstanding anything elsewhere herein contained IF within six days after the sale the Auctioneer shall have received from the Purchaser of any lot notice in writing that in the Purchaser's view the lot is a deliberate forgery or deliberate fake AND the Purchaser returns the lot to the Auctioneer in the same condition as at the time of sale AND the Purchaser satisfies the Auctioneer that considered in light of the entry in the auction catalogue the lot is a deliberate forgery or a deliberate fake THEN BUT NOT OTHERWISE the sale of the lot will be rescinded ab initio and the purchase price shall be refunded to the Purchaser:

9A.1 If the Auctioneer has not accounted to the Vendor for same, by the Auctioneer, or;

9A.2 If the Auctioneer has accounted to the Vendor for same, by the Vendor;
SPECIAL CONDITIONS 9B AND 9C FOR MOTOR VEHICLE AUCTIONS

9B The Auctioneer makes no representation as to the title of any motor vehicle offered for sale by auction. In the event that a guarantee of title is offered, such guarantee is limited between the Auctioneer and the Purchaser of such motor vehicle and does not pass or extend to any subsequent purchaser or successor in title of such motor vehicle or any third party.

9C The Purchaser acknowledges:

9C.1 That if a motor vehicle, having New South Wales registration, is offered for sale or sold by the Auctioneer with an Inspection Report (commonly known as a "Pink Slip") or an Unregistered Vehicle Inspection Report (commonly known as a "Blue Slip") then the Purchaser acknowledges that any such Inspection Report was supplied by the Vendor as required by the law of the State of New South Wales and was not supplied by the Auctioneer AND the Purchaser further acknowledges that the Auctioneer cannot and does not warrant or guarantee the correctness or accuracy of anything contained in or implied by such Inspection Report as it is only acting as agent of the Vendor AND the Purchaser will not hold the Auctioneer liable or responsible in any way whatsoever for the contents of such Inspection Report and if any dispute arises in relation to such Inspection Report then the Purchaser acknowledges and agrees that he will exclude the Auctioneer from any such dispute or any subsequent claim action or Court proceedings and further agrees to indemnify the Auctioneer from and against all liability (including costs on a full indemnity basis) which my be incurred by the Auctioneer in relation to any such dispute, subsequent claim action or Court proceedings; and

9C.2 That if a motor vehicle is offered for sale or sold by the Auctioneer with a Pre-Auction NRMA Report or other expert report as to its condition then the Purchaser acknowledges that such report was supplied by the Vendor and was not supplied by the Auctioneer AND the Purchaser further acknowledges that the Auctioneer cannot and does not warrant or guarantee the correctness or accuracy of anything contained in or implied by such report as it is only acting as agent of the Vendor AND the Purchaser will not hold the Auctioneer liable or responsible in any way whatsoever for the contents of such report and if any dispute arises in relation to such report then the Purchaser acknowledges and agrees that he will exclude the Auctioneer from any such dispute or any subsequent claim action or Court proceedings and further agrees to indemnify the Auctioneer from and against all liability (including costs on a full indemnity basis) which may be incurred by the Auctioneer in relation to any such dispute, subsequent claim action or Court proceedings.


RED HOT AUCTIONS & SALES
SAFETY WARNING

The Occupational Health Safety and Welfare Act 1986 and the subsequent Occupational Health & Welfare Regulations 1995 impose obligations in respect of safety for workers arising out of the DESIGN MANUFACTURE AND SUPPLY of plant and equipment for use in a workplace.

Red Hot Auction & Sales, as agents for the vendor, warn buyers THAT NO PLANT OR EQUIPMENT OFFERED FOR SALE IS FIT FOR USE IN A WORKPLACE and it is the BUYERS OR USERS RESPONSIBILITY to ensure that the plant and equipment is bought to a standard necessary to comply with the Occupational Health & Safety Welfare Act and Regulations 1995, and to carry out testing and examination to ensure it is safe and fit for the workplace.

Where available, manufactures manuals will be provided with the plant and equipment sold, but the buyer or user must ensure that the correct manuals are sourced from the manufacturer, or elsewhere.

Buyers are warned that the breaches of the Occupational Health Safety and Welfare Act 1986 and the subsequent Occupational Health Safety and Welfare regulations 1995 carry very large penalties. In the interest of all health and safety workers, safety inspections of all plant and equipment purchased at auction must be preformed.

Neither the vendor, the auctioneer, or Red Hot Auctions & Sales shall be liable for any defect, mis-description or fault of any sold or unsold lot.

Important Note: At a Traditional auction, we ask parents to take full responsibility for their children at all times. This needs to be observed for the comfort of others participating in Auction bidding. No animals will be permitted at any time whatsoever at the auction centre.
Failure to comply with the above requests may result in you being asked to leave the auction centre.