1. REGISTRATION

To place a bid or purchase any item from Hammer Auctions, you must register through our online registration process. Registration is free and does not oblige you to purchase anything.

When registering, you must ensure that all information provided is accurate and current and does not mislead.

Your registered account is for your use only and you are responsible for all activity undertaken through your account.

By accepting these Terms & Conditions, you confirm that you are at least 18 years of age and legally able to enter into a binding contract.

Hammer Auctions may use the details provided during registration for verification purposes and to contact you regarding your account, purchases and auction activity.

2. BIDDING

Placing a bid indicates your intention to purchase the item. Do not bid unless you are able and willing to pay for the item if you are the successful bidder.

The buyer’s premium is 11% (including GST) and will be added to the successful bid price.

The highest accepted bidder at the conclusion of the auction will be the purchaser, subject to any reserve or specific conditions applying to the lot.

If a dispute arises between two or more bidders, Hammer Auctions may determine the successful bidder or, where appropriate, re-offer the lot. Hammer Auctions’ decision regarding the conduct of the auction will be final, subject to any rights available under applicable law.

Before placing a bid, you must read all details and descriptions of the item. Descriptions, photographs and other information are provided as a guide only and should not be solely relied upon when assessing the quality, condition or suitability of an item.

Hammer Auctions makes every reasonable effort to accurately describe items but is not responsible for discrepancies, omissions or errors in descriptions, catalogues or photographs. It is ultimately the bidder’s responsibility to satisfy themselves as to the condition, quality, quantity and suitability of an item before bidding.

All items are sold AS-IS, WHERE-IS, unless otherwise specifically stated.

No warranty is given with any lot unless expressly stated. The vendor and Hammer Auctions will not be responsible for faults, defects, damage or wear that are disclosed, apparent or reasonably discoverable by the purchaser. Each lot is purchased in its existing condition and becomes the buyer’s responsibility upon sale.

Hammer Auctions may refuse to accept a bid or withdraw a lot where reasonably necessary.

3. ONLINE AUCTIONS

Hammer Auctions conducts online timed and live auctions through its online auction platform.

For timed auctions, the closing date and time will be displayed on the relevant auction. Where the platform applies an automatic time extension, the applicable extension will apply.

For live online auctions, the auctioneer will conduct the auction live and accept bids through the online platform.

Hammer Auctions cannot guarantee uninterrupted or secure access to the online bidding platform. We are not responsible for bids that are not received, processed or accepted due to technical difficulties, internet connection issues, equipment failure or other circumstances outside our reasonable control.

Hammer Auctions may extend, suspend, restart or cancel an auction where technical difficulties or other circumstances materially affect the auction.

4. PAYMENT & COLLECTION

Payment is by bank transfer through the payment instructions provided by Hammer Auctions/Xero.

Payment must be received in cleared funds by 4pm on the first business day following the auction, unless otherwise stated in the relevant auction.

Hammer Auctions reserves the right to request a 10% deposit upon sale.

Collection dates, times and locations will be advised on the relevant auction or lot. Buyers must collect their purchases within the nominated collection period unless prior arrangements have been made with Hammer Auctions.

Buyers are responsible for arranging suitable transport, labour, loading and equipment required to safely remove their purchases.

Storage or other charges may apply to items not collected within the nominated collection period. Any applicable charges will be advised in the relevant auction.

5. GOODS & CONDITION

Buyers are strongly encouraged to inspect items where inspection is available and to make their own enquiries before bidding.

For machinery, equipment, vehicles, motorbikes, agricultural machinery and other specialised items, buyers are responsible for satisfying themselves as to condition, operation, roadworthiness, registration, safety and suitability for their intended use.

Any registration numbers, VINs, serial numbers or other identifying details listed are provided for identification purposes only. Unless otherwise stated, registration plates may be removed.

6. GENERAL

Hammer Auctions acts as agent for the vendor in the sale of goods unless otherwise stated.

The auctioneer’s decision in relation to the conduct of the auction will be final, subject to applicable law.

Hammer Auctions will not be responsible for any loss arising from a bidder’s failure to place a bid, monitor an auction or collect an item within the nominated collection period.

If a purchaser fails to comply with these conditions, Hammer Auctions may take reasonable action available under these Terms & Conditions and applicable law, including cancelling the sale, retaining any deposit where legally permitted, charging reasonable costs arising from the default and/or reselling the goods.

Any shortfall or reasonable costs arising from a resale following purchaser default may be recoverable from the defaulting purchaser to the extent permitted by law.

Nothing in these Terms & Conditions excludes, restricts or modifies any rights or remedies that cannot legally be excluded under Australian Consumer Law or other applicable legislation.