Auction General Terms & Conditions
TimmyK’s Pty Ltd ATF Full Throttle Trust trading as TimmyK’s Rides n Relics
ABN: 82988065151
Address: 8 Davey Street, Mandurah, WA 6210
Phone: 0402448672
Email: tim@timmyks.com.au
For the purposes of this document, “TimmyK’s” refers to TimmyK’s Pty Ltd, ATF Full Throttle Trust trading as TimmyK’s Rides n Relics.
1. Definitions - Auctioneer means TimmyK’s Pty Ltd ATF Full Throttle Trust trading as TimmyK’s Rides n Relics
- Seller means the person or entity offering goods for sale
- Bidder means any person registered to bid
- Buyer means the highest accepted bidder
- Goods means any item offered for sale
- Hammer Price means the final bid accepted by the Auctioneer
- Buyer’s Premium means the additional percentage payable by the Buyer on top of the Hammer Price
2. Registration of Bidders 2.1 All bidders must register prior to bidding and provide valid identification.
2.2 The Auctioneer may refuse registration or bidding at its discretion.
2.3 Bidders act as principals unless written authority is provided confirming agency status.
2.4 TimmyK’s staff may contact bidders to confirm registration details and verify identity.
3. Conduct of Auction
3.1 The Auction will be conducted in accordance with the Auction Sales Act 1973 (WA) and applicable regulations.
3.2 The Auctioneer reserves the right to: - Refuse any bid
- Withdraw any lot
- Re-offer any lot
- Determine bidding increments
- Resolve disputes between bidders
3.3 The highest bid accepted by the Auctioneer constitutes the sale.
3.4 The fall of the hammer creates a legally binding contract between Buyer and Seller.
3.5 The Auctioneer acts solely as the Vendor’s agent and is not liable for default by the Buyer or Vendor.
3.6 Buyers and bidders acknowledge that TimmyK’s relies on third party software for its auctions and is not liable for any failure of this software, technology failures or delays relating to technology, devices and internet speeds and service.
4. Reserve Prices
4.1 Some lots may be subject to a reserve price.
4.2 The Auctioneer may make vendor bids in accordance with WA legislation.
4.3 Where no reserve applies, goods may be sold to the highest bidder.
5. Buyer’s Premium & GST
5.1 A Buyer’s Premium is charged on the hammer price of auction items which is common practice in Australia. The premium varies on our auctions from 7.5%–20% depending on the item and auction. Refer to specific auction conditions on our auction pages for further Buyer’s Premium details and amounts. Buyer’s premiums stated include GST.
5.2 GST will be applied in accordance with Australian taxation law.
6. Payment Terms
6.1 Full payment is required immediately upon conclusion of the auction and no later than 48 hrs after auction close unless otherwise agreed in writing.
6.2 Accepted payment methods: (EFT to our nominated trust account)
6.3 Title does not pass until cleared funds are received.
6.4 The Auctioneer may charge interest on overdue accounts at (12%) per annum.
6.5 All payments are in Australian Dollars.
7. Risk & Insurance
7.1 Risk passes to the Buyer at the fall of the hammer.
7.2 Buyers are responsible for insurance of goods from that time.
8. Collection of Goods
8.1 Goods must be collected within the designated timeframe of the relevant auction.
8.2 Storage fees may apply after this period.
8.3 The Auctioneer may resell uncollected goods and recover costs after 60 days.
8.4 Items will only be released once full payment has been received.
8.5 A paid invoice must be supplied by the person collecting. TimmyK’s staff will verify details prior to despatch.
8.6 Collectors of items must provide their own packaging and trolleys.
9. Condition of Goods
9.1 All goods are sold “as is, where is.”
9.2 Descriptions are provided as a guide only.
9.3 Bidders must satisfy themselves as to condition, authenticity, and suitability.
9.4 To the extent permitted by law, no warranties are given except those that cannot be excluded under the Australian Consumer Law.
10. Australian Consumer Law
10.1 Nothing in these Terms excludes, restricts or modifies any rights under the Competition and Consumer Act 2010 (Cth).
10.2 Where goods are sold by a business seller to a consumer, statutory guarantees may apply.
11. Default by Buyer
11.1 If the Buyer fails to pay in full within 5 days of auction close, without further notice TimmyK’s may enforce the below: - The deposit may be forfeited
- The lot may be resold
- The Buyer may be liable for any shortfall and costs with any difference between the winning bid and any lower resale price achieved
- The Buyer may be liable for all auction and resale costs, all legal and law enforcement charges associated with outstanding amounts owing, and any fees and charges associated with the auction item not realised by TimmyK’s for the Buyer defaulting on the winning bid
- TimmyK’s reserves the right to enforce debt collection through legal channels ? The Buyer may be banned from future auctions
12. Online & Absentee Bidding (if applicable)
12.1 The Auctioneer is not responsible for technological failures.
12.2 Absentee bids must be submitted in writing prior to auction start.
13. Seller Warranties
13.1 The Seller warrants they have clear title to goods.
13.2 The Seller indemnifies the Auctioneer against claims relating to ownership, authenticity, or legality.
14. Commission & Fees (Seller Terms)
14.1 Seller commissions apply and are agreed directly with the Seller.
14.2 Advertising and other agreed costs may be deducted from proceeds.
14.3 Settlement to Seller will occur within 48 hrs after cleared funds are received.
15. Limitation of Liability
15.1 To the extent permitted by law, the Auctioneer’s liability is limited to the amount of commission received.
15.2 The Auctioneer is not liable for indirect or consequential losses, including lost opportunity, loss of resale value and reputational loss.
16. Privacy
16.1 Personal information is collected in accordance with the Privacy Act 1988 (Cth).
16.2 Information may be used for marketing unless opted out. 16.3 Further information is available on our privacy statement on the TimmyK’s website.
17. Workplace Health & Safety
17.1 Persons attending auction sites do so at their own risk.
17.2 All attendees must comply with safety directions.
17.3 Persons collecting items must ensure safety of the item and surrounding area before moving the item.
18. Governing Law
These Terms are governed by the laws of Western Australia. Any disputes will be subject to the jurisdiction of WA courts.
19. Additional Terms and Conditions Relating to Motor Vehicles
19.1 No warranty applies when buying motor vehicles at auction. Do not rely on photos only; ensure you have the vehicle inspected in person or by a third party prior to bidding. The majority of vehicles are of a vintage era and come with varying degrees of wear and tear and potential mechanical faults. TimmyK’s is not the owner of auction vehicles and has not driven the vehicles any significant distance to understand how they perform.
19.2 It is up to the Buyer to do their due diligence as to whether a vehicle is compliant with current road registration engineering and compliance in their relevant state, as vintage and classic vehicles are often modified over the years by historic owners. In some cases, vehicles may require modification and/or repair to be compliant for licensing in the Buyer’s home state. Buyers must do their due diligence before bidding to ensure any future potential costs are taken into account when making their bids.
19.3 The Buyer is to ensure that, at the fall of the hammer, all vehicles are insured immediately.
19.4 The Buyer of licensed motor vehicles must ensure licence transfer paperwork is completed within 48 hrs of payment of purchase being finalised. It is the responsibility of the purchaser to cover all costs of licence transfer and any government charges associated with the purchase of licensed vehicles.
19.5 The Buyer is to assess the safety and condition of any vehicle before collection to ensure safe movement of the vehicle. 19.6 TimmyK’s sells licensed and unlicensed vehicles. Licensed vehicles being sold can only be transferred in the state of WA. Vehicles being sold interstate or overseas will be sold unlicensed. 19.7 The Seller is to ensure their vehicle is insured whilst consigned to TimmyK’s. 19.8 Motor vehicles may have been sitting for an extended period of time. TimmyK’s recommends checks on mechanical components, fluids and safety before movement of the vehicle after purchasing. 19.9 Buyers are to ensure they complete a PPSR check before bidding on vehicles. ________________________________________ 20. Damaged, Lost or Stolen Goods 20.1 Risk and title on all auction items pass to the winning Buyer immediately following the conclusion of the auction. TimmyK’s is not responsible for theft, damage or loss of items that occur after auction conclusion, including during handling, packing, shipping, postal service, pickup by the Buyer or courier delivery. TimmyK’s does not provide insurance for purchased items and accepts no liability for any loss, damage, or theft once an item has been successfully won at auction. All risk transfers to the Buyer at that point, and it is the Buyer’s responsibility to obtain appropriate insurance coverage. ________________________________________ 21. Item Descriptions and Stated Authenticity Vintage items, collectables, vehicles and memorabilia are photographed to the best of our ability to show correct condition. However, photos cannot always reflect the true condition of an item or vehicle, and we strongly encourage viewing in person where possible. All items are sold in an “as is” vintage and aged condition. TimmyK’s makes no warranty or guarantees on items, nor does it guarantee exact condition. Variations in colour, patina and condition may occur due to photography, screen viewing and lighting differences. ________________________________________ 22. Shipping & Delivery Shipping and delivery can be arranged directly with TimmyK’s prior to or after auction. This will incur additional charges on top of the item purchase price. Standard methods of shipping and delivery are available. Small items can be packaged by TimmyK’s for postage; larger items must be packaged by the Buyer or the Buyer’s nominated agent. A shipping address must be confirmed prior to despatch. For international shipments, the Buyer is responsible for all charges, including import taxes and duties. ________________________________________ 23. Private Treaty Sales If an item is unsold at auction due to an unmet reserve or other factors, TimmyK’s may proceed to private negotiation after the auction concludes. These sales remain subject to all Terms and Conditions outlined in this document, along with any additional auction-specific conditions. ________________________________________ 24. Additional Terms and Conditions Relating to Online Auction Bidding 24.1 When a Bidder places a bid via TimmyK’s online auction platform, by clicking “bid” the Bidder acknowledges they are legally bound by these Terms and Conditions. 24.2 If a Bidder is the highest bidder and the lot is “on the market” (meaning the bid is equal to or greater than the reserve price), that Bidder is deemed the winning Buyer and will be issued a tax invoice. 24.3 When a Bidder is outbid, an automated notification may be sent. TimmyK’s is not liable if a Bidder does not receive an outbid notification for any reason and is not responsible if the Bidder is unsuccessful in securing the lot as a result. 24.4 Bidders are responsible for maintaining the confidentiality and security of their account details, including username and password. Any bids placed using a registered account will be deemed valid and binding. TimmyK’s is not liable for unauthorised use of a Bidder’s account, and the registered Bidder may be held liable for any resulting costs, including re-auction costs. 24.5 Where two or more identical bids are received, the bid received first in time will take precedence. 24.6 The Auctioneer reserves the right to withdraw or cancel any bid if it reasonably believes that: a) a Bidder has attempted to manipulate the auction system; or b) a Bidder has manipulated or attempted to manipulate the registration process or bidding activity. 24.7 In the event of any dispute relating to online bidding, including bid timing or technical issues, the decision of the Auctioneer is final. 24.8 If there are any technological, system or processing errors, delays or failures during an auction, the Auctioneer reserves the right to: • suspend, pause or extend the auction; • close the auction and reopen it at a later time; or • take any other action it considers reasonable in the circumstances. 24.9 TimmyK’s is not liable to any Bidder for any loss, damage or missed opportunity arising from: • bids not being received, processed or accepted due to technical difficulties or delays; • the unavailability or interruption of the website or online bidding system; • limitations in system capacity; • failure to provide continuous, uninterrupted access to the platform; • errors, glitches or faults in the website or bidding system; • security breaches or unauthorised access to the platform; or • any illegal or inappropriate use of the website or online bidding system by any party. ________________________________________ 25. Final Acknowledgement By purchasing an item, registering to bid, accessing TimmyK’s auction platform, or consigning goods, you agree to be legally bound by these Terms and Conditions, as amended from time to time on the TimmyK’s website, including any additional auction-specific or consignment terms.
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