TERMS & CONDITION OF SALE
The terms and conditions of sale listed here contain the policies of Hinter Auctions Pty Ltd (referred to as Hinter Auctions). They are the terms on which Hinter Auctions and the Seller contract with the Buyer. They may be amended by printed notices or oral announcements made before and during the sale. By bidding at auction you agree to be bound by these terms.
Explanation of terms used in the “Terms and Conditions”
The conditions that are listed below contain terms that are used regularly and may need explanation. They are as follows:
“the Buyer” means the person with the highest bid accepted by the Auctioneer
“the Lot” means any item depicted within the sale for auction and in particular the item or items described against any lot number in the catalogue.
“the Hammer price” means the amount of the highest bid accepted by the auctioneer in relation to a lot
“the Buyers Premium” means the charge payable by the Buyer to the auction house as a percentage of the hammer price.
“the Reserve” means the lowest amount at which Hinter Auctions has agreed with the Seller that the lot can be sold.
“the Vender” means the the person or entity that has consigned the item for sale
VALUES/CURRENCY
- All values expressed in Hinter Auctions catalogues (in any format) are in Australian Dollars (AUD).
- All bids, “hammer price”, “reserves”, “Buyers Premium” and other expressions of value are understood by all parties to be in Australian Dollars (AUD) unless otherwise specified.
HINTER AUCTIONS AS AGENT
- Except as otherwise stated Hinter Auctions acts as agent for the vendor.
- The contract for the sale of the property is therefore made between the vendor and the Buyer.
BIDDER REGISTRATIONS
- All intending buyers must complete complete the registration and agree to the terms and conditions before bidding
- Online registrations require the bidder to provide valid credit card details in order to bid. Card details are used for identification only and will make and void a 1c purchase. Full card details are not kept on file by Hinter Auctions or the merchant (Eway)
Online Bidding Fee
- To cover online bidding fees an additional 1.65% (gst inc) fee applies to online bidders and added to the hammer price
GST
- The invoice supplied by Hinter Auctions will be regarded as a tax invoice for GST purposes
CATALOGUE/DESCRIPTIONS
- Whilst every care is taken, Hinter Auctions does not accept responsibility for items described incorrectly either in the catalogue, online or at the auction.
- Buyers must satisfy themselves as to the authenticity and condition of the item prior to bidding. A strict “no return policy” applies to all won lots.
WINNING BIDS
- The highest registered bidder for each lot shall be the Buyer subject to the reserve price if any.
- A winning bid forms a binding contact with the vendor.
DISPUTES
- If a dispute arises as to the highest bidder, the auctioneer may re-open the bidding and re-submit the lot for sale commencing with the highest amount known to have been previously bid for the lot, or the Auctioneer may decide on the highest bidder in such other manner as the Auctioneer in its absolute discretion shall deem fit.
- The decision of the Auctioneer shall be final and no bidder shall have any right or recourse against the Auctioneer or the Vendor.
REFUSAL OF ENTRY OR BID
- The Auctioneer may, at their discretion, refuse to allow entry to the premises or accept any bid from any person.
WITHDRAWAL OF LOTS
- The Auctioneer may withdraw any lot or lots (for any reason) from sale prior to the fall of the hammer for those goods.
INTERNET and TELEPHONE BIDDING
- The Auctioneer shall not be liable for loss of transmission, or technology malfunctions that may occur during any Live Internet or Telephone Bidding practices. This includes data entry by a client that may be in error (Example, incorrect Lot Number or Bid Amount Entered) during Live Internet Bidding.
- Live Internet Bidding will be treated the same as ‘absentee bids’ and ‘floor bids’, in terms of “the final bid is the winning bid”.
PAYMENTS
- All purchases are to be paid for by cash, credit/debit card or bank deposit into our nominated Trust Account within 24 hours of the last lot sold.
- Payment by credit card or EFTPOS (online or offline) will attract a 2.2% processing fee.
- If paying by transfer please provide the auctioneers with proof of payment (ie payment receipt)
- Payments methods can be split between card and cash on total of the invoice. The card processing fee only applies to total card payment amount.
TITLE WARRANTIES
- The Auctioneer gives no warranty as to title of the goods.
- The Auctioneer acts in the sale of goods as agents only for the Vendor, and is not responsible for any default by the Vendor.
- The Buyer acknowledges that he/she has had opportunity to inspect the whole of the lots and satisfy him/herself as to the condition of any lot and accepts any lots with all faults and defects (if any).
- The Buyer accepts and agrees that the Auctioneer and Vendor makes no representation or warranty as to the suitability or fitness for purpose, quality, condition or operation of any lot and any implied or other condition of the Sales and Goods Act (QLD) do not apply and no other statutory warranty or representation, express or implied, applies to any item in the sale or to the accuracy of the information provided.
- No allowance or refunds will be made nor will any Buyer be permitted to reject any lot on the grounds that it is not correctly described in the catalogue (if any).
- On the fall of the hammer, the lot purchased will be at risk and responsibility of the Buyer and the Vendor will be free of all responsibility for safeguarding the lot and will not be liable for any loss or damage to the lot sold whether such loss or damage is caused or contributed to by any act, neglect or default of the Vendor, its servants, employees or agents or the Auctioneer
- Should the description or quantity of goods differ from the lot purchased by the Buyer on the fall of the hammer, the Buyer will make no objection and will accept the lot purchased as is. No compensation will be paid in respect of any mis-description or error.
- Should the Buyer fail to comply with any of the terms and conditions of the sale (the defaulting Buyer) all monies received in part payment of the purchase price shall be absolutely forfeited to the Vendor and all lots not removed in accordance with these terms and conditions may be resold by public auction or private contract and the deficiency in price (if any) of such resale shall be immediately payable by the defaulting Buyer and if not paid on request the Vendor has the right to recover such amount from the defaulting Buyer as debt.
- Legal and equitable title to the goods shall remain with the Vendor until all monies owing by the Buyer have been paid in full.
- Possession of goods will only be granted to the Buyer when satisfactory payment arrangements have been made with the Auctioneer.
COLLECTION OF ITEMS
- All lots won must be paid for in full prior to collection.
- All lots won must be collected within 24 hours of the final lot sold (unless prior arrangements have been made by the Buyer with the Vendor or the Auctioneer).
Nomads Auction Terms and Conditions
By bidding in the Sunshine Coast Nomads 2026 Auction, each bidder agrees to the following auction rules:
Bidder registration
All bidders must be registered in accordance with the requirements of the company conducting the auction. Bids will only be accepted from registered bidders.
Item values and appraisals
The listed value of each auction item is an estimate of its fair market value. Items have not been professionally appraised unless otherwise noted.
Use of prizes
Unless otherwise specified, prizes must be used within one year of the auction date.
Item descriptions and warranties
Sunshine Coast Nomads has attempted to describe each item correctly. However, no warranty or representation is made regarding:
- The accuracy of descriptions
- Genuineness
- Authorship
- Provenance
- Condition
No statement made in the brochure, orally at the auction or elsewhere will be considered a warranty, representation or assumption of liability.
Assumption of risk and release of liability
Each bidder assumes all risks and hazards associated with the auction and any items obtained through it.
Bidders agree to hold the following parties harmless from liability arising directly or indirectly from the auction:
- Sunshine Coast Nomads
- Its elected and appointed officials and members
- The auctioneer or auctioneers
- The auction company, its agents and employees
- Event organisers
- Sponsors
- Volunteers associated with the auction
Withdrawal of prizes
Sunshine Coast Nomads reserves the right to withdraw a prize from the auction without notice.
Donated prizes and non-delivery
Auction prizes have been donated to Sunshine Coast Nomads. Bidders should independently assess the risk that a donor may fail to provide a prize.
Sunshine Coast Nomads has no obligation to deliver the described goods. Any liability will be limited to a refund of the amount paid.