auction4trade.com.au

“The best way to buy & sell your trade cars”

Terms and Conditions

IMPORTANT This is a legal agreement between auction4trade Pty Ltd (ABN 98 153 603 788, Motor dealers licence MD22525) and the user ("you" or "your") of the used vehicle auction website at URL www.auction4trade.com.au ("Website"). Please read the following terms and conditions carefully.

  1. REGISTRATION
    1. 1.1 The Website is operated by auction4trade Pty Ltd (Australian Business Number 98 153 603 788) whose registered office is at 243 Stirling Highway, Claremont, WA 6909.
    2. 1.2 By using this Website you have agreed to these terms and conditions, which includes the privacy policy ("Terms").
    3. 1.3 If you do not register and agree to these Terms you may not access or otherwise use the Website.
    4. 1.4 If you have not registered to use the Website and you have read, understood and accepted these Terms, please click on this link to register where you will be asked to confirm you accept these Terms: Go to Registration page.
  2. STATUS OF THESE TERMS
    1. 2.1 From time to time auction4trade Pty Ltd may modify these Terms. We will not notify you of changes to these Terms but will post the updated terms (which may be a URL link to the updated terms) on the Website.
    2. 2.2 You agree to be bound by the new Terms from the date they are posted on the Website and your continued use of the Website shall be deemed acceptance of the changes. Accordingly please continue to review these Terms whenever accessing or using the Website and in particular prior to submitting bids though the Website's auction facility.
  3. YOUR OBLIGATIONS
    1. 3.1 You agree to provide further information (including trade references) if required in relation to your registration. Auction4trade Pty Ltd reserves the right to block your access to use the Website if there are reasonable grounds for suspecting you do not fulfil the criteria for membership of the Website or have otherwise breached these terms.
    2. 3.2 It is your responsibility to notify auction4trade Pty Ltd immediately if any of your registration details change by sending an email to: auctions@auction4trade.com.au
    3. 3.3 On registration you will be asked to select a user name and password. You are responsible for the use and security of your username and password and for ensuring full compliance with these terms.
    4. 3.4 You agree that the use of the website is only for licensed motor dealers or there authorised representatives.
    5. 3.5 You are responsible for keeping your username and password confidential and must notify us immediately if you suspect unauthorised use by a third party.
    6. 3.6 In the event of a security breach, you will be given the ability to change your username and password which you must do immediately.
    7. 3.7 You are responsible for all costs and charges (including without limitation internet and telecommunication charges) in accessing the Website.
    8. 3.8 You shall not allow authorised third parties to access the Website for any improper or unlawful purposes and you are not permitted to transfer your username and password to another person or entity.
    9. 3.9 You shall not permit any person under the age of 18 to take part in an auction on the Website.
    10. 3.10 You will use your best endeavours to scan or remove any virus or any other contamination or destructive features before submitting any other information to auction4trade Pty Ltd.
  4. THE BIDDING PROCESS
    1. 4.1 "Goods" means any vehicles available as part of an auction on the Website.
    2. 4.2 "Bidder" means a motor trader who has successfully registered with auction4trade Pty Ltd for the purposes of submitting bids and buying vehicles.
    3. 4.3 Full instructions on how to bid for Goods and details of the expiry date and time for each auction will be posted on the Website but all bids and transactions will be subject to these Terms.
    4. 4.4 A bid may not be withdrawn after it is placed.
    5. 4.5 No person may submit a bid for Goods which is less than the sum specified from time to time by auction4trade Pty Ltd in relation to those Goods.
    6. 4.6 To be the winning bid, the bid must be the highest bid of the auction and must meet any other conditions which may be specific to each auction. If additional conditions apply, they will be published alongside the description of the Goods prior to the commencement of each auction entry.
    7. 4.7 The minimum bidding increments will be $100 until 12 hours before the ‘auction end time’. The minimum bidding increments will then be reduced to $50.
    8. 4.8 The automatic bidding system will assist the bidder by bidding up to the maximum bid placed using the relevant bidding increments to outbid other bidders.
    9. 4.9 Where the auction reserve price has not been met, but the maximum bid exceeds the auction reserve price the automatic bidding system will bid up to the auction reserve price and will then assist the bidder by bidding up to the maximum bid placed using the relevant bidding increments to outbid other bidders.
    10. 4.10 If your bid is followed by a higher bid, which is later removed by auction4trade Pty Ltd for any reason, your bid will be accepted as the highest bid, as though the higher bid had never been made.
    11. 4.11 If you are the highest bidder but the reserve price has not been met the selling dealer / auction4trade Pty Ltd may contact you to accept or discuss your bid for the Goods.
    12. 4.12 The selling dealer reserves the right to end an auction listing at anytime without prior notification. Auction4trade Pty Ltd will invoice for the sale of any vehicle where the reserve price has been met prior to the vehicle being cancelled.
    13. 4.13 The selling dealer will be liable to pay auction4trade Pty Ltd a selling fee of $50 + GST on completion of the auction (if the reserve price has been met), or where an agreement has been subsequently made between the highest bidder and the seller leading to the sale of the auctioned vehicle.
    14. 4.14 When bidding please allow an additional $150 of reconditioning work over and above that noted on the appraisal.
    15. 4.15 When the auction closes, the agreement for the purchase of the Goods becomes binding. (The title passes on receipt of cleared funds).
    16. 4.16 Auction4trade Pty Ltd reserves the right to refuse or remove bids and/or suspend, cancel or extend auctions at its absolute discretion, including where there are or have been obvious typographical or arithmetical inaccuracies.
    17. 4.17 If your bid is successful the selling dealer will confirm this by telephone or email, together with dates and time for collection of the Goods and how to pay.
    18. 4.18 Auction4trade Pty Ltd is not obliged to assist in any disputes between bidders and sellers.
  5. PAYMENT
    1. 5.1 All Goods must be paid for in cleared funds and in Australian dollars within 72 hours by a method agreed with the selling dealer as set out in the invoice for the vehicle.
    2. 5.2 Where payment is overdue, the selling dealer reserves the right to treat the bid as having lapsed and offer the Goods to other parties.
    3. 5.3 You are responsible for payment of all taxes (if any) arising with the supply of the Goods.
    4. 5.4 You are responsible for complying with all legal requirements in relation to the use and maintenance of the Goods.
    5. 5.5 Obtaining all certificates, permits or other authorisations necessary before the Goods can be used on any road or elsewhere.
    6. 5.6 An annual subscription fee of $100 + GST is payable one year in advance for all website users.
    7. 5.7 The selling dealer must pay auction4trade Pty Ltd fees owing within seven days of receipt of invoice or will be deemed in breach of these Terms.
  6. GOODS
    1. 6.1 You shall at your own expense collect the Goods purchased but not before payment in cleared funds has been received in accordance with the selling dealers payment terms.
  7. DISCLAIMERS
    1. 7.1 Nothing in these Terms shall operate to exclude or restrict either party's liability for death or personal injury resulting from negligence or fraudulent misrepresentation.
    2. 7.2 You acknowledge that you have not relied upon any representation made to you by the auction4trade Pty Ltd, its employees or agents in relation to the Goods unless such representation has been confirmed in writing prior to auction.
    3. 7.3 The Goods are previously owned vehicles and are sold as seen. All vehicles are sold with all (if any) faults and imperfections and errors of description. Buyers should satisfy themselves prior to sale as to the origin, description, suitability, age, durability, completeness, operability, state and condition of the Goods and should exercise and rely on their own judgment as to whether the Goods accords with any description. None of the photographs or illustrations of Goods available should be relied upon to give an accurate or full depiction of the state or condition of the Goods. ACCORDINGLY, ALL CONDITIONS AND WARRANTIES IMPLIED BY LAW, TRADE, CUSTOM OR PRACTICE ARE HEREBY EXCLUDED SUBJECT TO CLAUSE 7.1 ABOVE AND EXCEPT TO THE EXTENT THAT SUCH EXCLUSION IS OTHERWISE PROHIBITED BY ANY LAW.
  8. REMEDIES
    1. 8.1 You agree that should any liability to you arise, your sole remedy in respect of any claim in relation to the Goods, however such claim arises, shall in all cases be limited to the price paid for the Goods, and shall only be available if the Goods have not been reused.
    2. 8.2 Auction4trade Pty Ltd shall not in any circumstances be liable for any indirect special or consequential loss or damage or any loss of profits, business opportunities, or damage to goodwill (whether such losses are direct or indirect).
  9. INTELLECTUAL PROPERTY, LICENCES AND DOWNLOAD RIGHTS
    1. 9.1 The Website (including but not limited to text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, names, logos, trademarks, service marks, and other material and other content) is protected by copyright, database rights, trademarks and/or other similar intellectual property rights, the ownership of which resides with auction4trade Pty Ltd, which is either owned by auction4trade Pty Ltd or licensed to it by third parties.
    2. 9.2 You will not acquire any rights or licences in or to the Website or any other content other than the limited rights to use the Website in accordance with these Terms.
    3. 9.3 You may not copy, reproduce, recompile, decompile, disassemble, reverse, engineer, distribute, publish, display, perform, modify, download, to create derivative work from transmitted communicative or any other way to exploit any part of the Website and/or the content.
    4. 9.4 Downloading the content is permitted by auction4trade Pty Ltd provided that:
    5. 9.4.a You make no more than one printed copy of such download and no further copies of such printed copies are made.
    6. 9.4.b You retain on such downloads and/or printed copies or copyright notices and shall remain bound by the terms of such wording and notices.
    7. 9.5 You agree that auction4trade Pty Ltd may use copy, reproduce, distribute, adopt, load, execute, store, transmit, communicate, display, maintain, enhance any data you provide to it subject to compliance with fair collection notices.
  10. WARRANTY IN RESPECT OF WEBSITE CONTENT
    1. 10.1 The Website and the content are provided on an "as is" and "as available" basis by auction4trade Pty Ltd.
    2. 10.2 Subject to the provisions of these Terms in relation to the purchase of Goods:
    3. 10.2.a Auction4trade Pty Ltd does not guarantee or give any warranty as to the accuracy, timelessness or completeness of any information or material on the Website to the extent that auction4trade Pty Ltd is permitted by law;
    4. 10.2.b Auction4trade Pty Ltd excludes any liability whether in contract tort (negligence) or otherwise for any incorrect or misleading information on the Website except as set out on these Terms;
    5. 10.2.c Auction4trade Pty Ltd should not be liable to you or any third party resulting from any unauthorised access to the Website;
    6. 10.2.d Auction4trade Pty Ltd does not warrant that the Website is compatible with your computer equipment or that the Website or its server is free from errors, viruses, worms or Trojan horses and Auction4trade Pty Ltd is not liable for any damage you may suffer as a result of such destructive features;
    7. 10.2.e Auction4trade Pty Ltd shall not be held responsible for content provided by third parties or for the content of or use of third party sites to which there is a link in the Website.
    8. 10.2.f Auction4trade Pty Ltd is not responsible for the reliability or continued availability of the telephone lines or equipment you use to access the Website.
  11. CHANGES TO THE WEBSITE
    1. 11.1 You accept that auction4trade Pty Ltd has the right to change the content or technical specifications of any aspect of the Website at any time at auction4trade Pty Ltd’s sole discretion.
    2. 11.2 You further accept that such changes may result in you being unable to access the Website.
    3. 11.3 Auction4trade Pty Ltd may have to suspend the operation of the Website from time to time to carry out maintenance and make upgrades.
  12. NO ASSIGNMENT
    1. You may not assign your rights or delegate your duties under these Terms.
  13. RELATIONSHIP
    1. No agency, partnership, joint venture or employee/employer relationship is intended or created by these Terms.
  14. NOTICES
    1. 14.1 Any notice shall be given by email to the email address provided on the registration form or such other address as is provided by you to auction4trade Pty Ltd.
    2. 14.2 Notice shall be deemed to have been given 48 hours after sending of the email unless the sender receives a response indicating that the message was undeliverable.
  15. WAIVER
    1. No waiver by auction4trade Pty Ltd or of any breach or any obligation arising under these Terms shall constitute a waiver of any breach and no failure by auction4trade Pty Ltd to exercise any remedy shall constitute a waiver of the rights subsequent to exercises that of any other remedy.
  16. SEVERANCE
    1. If any part of these Terms is held to be invalid void or unenforceable the parties agree that the remaining portions will not be affected and that the portion in question may be replaced by the lawful portion that most embodies the other intention of the parties and the remainder of these Terms will in any event remain valid and enforceable.
  17. VARIATION
    1. No variation or alteration of any of these Terms shall be effective unless it is in writing and signed by or on behalf of each party.
  18. FORCE MAJEURE
    1. 18.1 "Force Majeure Event" means any circumstance beyond the control of auction4trade Pty Ltd including, but not limited to acts of God, fire, explosion, adverse weather conditions, flood, earthquake, terrorism, riot, civil commotion, war, hostilities, strikes, work stoppages, slow-downs or other industrial disputes, accidents, riots or civil disturbances, acts of government, lack of power and delays by suppliers or materials shortages.
    2. 18.2 Auction4trade Pty Ltd shall have no liability for any delay or failure to carry out any of auction4trade Pty Ltd’s obligations under these Terms where a Force Majeure Event has occurred.
    3. 18.3 Nothing shall excuse you from any payment obligations under these Terms.
  19. GOVERNING LAW AND JURISDICTION
    1. These Terms shall be governed by the laws of Western Australia and subject to the exclusive jurisdiction of the Western Australian Courts.
  20. THIRD PARTY RIGHTS
    1. 20.1 A person who is not party to these Terms shall have no rights to enforce any part of these Terms.
  21. DATA AND PRIVACY
    1. Auction4trade Pty Ltd shall comply with the Australian Data Protection Laws and its privacy policy as amended from time to time.
  22. PRIVACY POLICY
    1. 22.1 The privacy policy describes the information which we may ask you for and in the ways in which auction4trade Pty Ltd may use that information. It also tells you how to check the information about you which auction4trade Pty Ltd keeps is accurate and how you can instruct auction4trade Pty Ltd to erase this information from its files. If you are not a registered user, then auction4trade Pty Ltd does not collect information about you which enables auction4trade Pty Ltd to identify you personally. Auction4trade Pty Ltd may use "Cookies" to enable it to obtain non-personal information about your use of the Website as indicated below. A "Cookie" is a text only string of information that a website transfers to the cookie file of a browser on your computer's hard disk so that the website can remember who you are.
    2. 22.2 By registering as a user you consent to auction4trade Pty Ltd processing any personal information that you supply as set out in the privacy policy.
    3. 22.3 Auction4trade Pty Ltd confirms that any personal details which you provide to us or which are available to public registers from which auction4trade Pty Ltd can identify you are held in accordance with auction4trade Pty Ltd's data protection policy.
    4. 22.4 This privacy policy is subject to change from time to time.
    5. 22.5 When you visit certain areas of the Website, auction4trade Pty Ltd may ask you for information about yourself. Auction4trade Pty Ltd will want to know your name, company name, company address, job-function, telephone number, email address, Fax Number and any other business information. Auction4trade Pty Ltd will not collect any information about you without your consent. This information will be used only for the following purposes:
    6. 22.5.a processing any transactions;
    7. 22.5.b for statistical purposes to improve the Website and services to you;
    8. 22.5.c to administer the Website and to notify you of products or special offers which are in auction4trade Pty Ltd's associated partners provided that may be of interest to you.
    9. 22.6 You agree by ticking the box on the registration form that you do not object to auction4trade Pty Ltd contacting you for any of the above purposes whether by telephone email or in writing.
    10. 22.7 In the event that you do not wish to receive promotional emails from auction4trade Pty Ltd, please send an email to auction4trade Pty Ltd notifying that you no longer wish to receive promotional emails.
    11. 22.8 Auction4trade Pty Ltd will not release any personal data to unauthorised third parties without your consent.
    12. 22.9 Your details will be disclosed to auction4trade Pty Ltd's associated companies and also to other carefully selected third parties. By registering on the Website you consent to auction4trade Pty Ltd passing on such details. The information is kept on a secure server protected from unauthorised third parties.
    13. 22.10 Access to auction4trade Pty Ltd's service is password protected and behind a strong fire wall.
    14. 22.11 Auction4trade Pty Ltd will take reasonable precautions to prevent the loss, misuse or alterations of information you give auction4trade Pty Ltd. Auction4trade Pty Ltd's agents or contractors who have access to the information given to auction4trade Pty Ltd in the course of providing services and requiring to keep the information confidential and not permitting to use it for any purposes other than carrying out the services which they are performing for auction4trade Pty Ltd.
    15. 22.12 If you have given auction4trade Pty Ltd information about yourself and would like copies of the information please ask to do so.
    16. 22.13 From time to time auction4trade Pty Ltd may collect information about you which does not identify you personally. This type of information may include the type of internet browser or computer operating system which you are using and the domain name of the Website from which you are linked to the Website or advertisement.
    17. 22.14 When you view the Website or any advertisements auction4trade Pty Ltd may store some information on your computer. This information will be in the form of a Cookie or similar file and will help auction4trade Pty Ltd tailor the Website or advertisement to match your interest and preferences better.
    18. 22.15 Most internet browsers enable you to erase Cookies or receive a warning before a Cookie is stored. Please refer to your browser instructions to learn more about these functions.
    19. 22.16 You acknowledge and agree that no system or technique can guarantee the security of the information held on the Website because the Website is accessible via the internet which is a public network.
    20. 22.17 Auction4trade Pty Ltd shall not be liable to you as a result of unauthorised access to the Website. The nature of the internet means that your visit will result in a transfer of information across international boundaries including countries whose data protection laws may be less stringent than in the Australian economic area. By visiting the Website and communicating electronically with auction4trade Pty Ltd you consent to such transfers.
    21. 22.18 You should be aware that if auction4trade Pty Ltd is requested by the Police or any regulatory or government authority for information concerning your activities whilst using the Website auction4trade Pty Ltd will comply with such request without notice to you.
    22. 22.19 This Website may contain certain links to other Websites for which auction4trade Pty Ltd is not responsible for privacy practices or contents of such Websites. If you have any questions about the privacy policy, please contact auction4trade Pty Ltd.
  23. ENTIRE AGREEMENT
    1. 23.1 These Terms, together with the documents referred to in it, constitutes the entire agreement and understanding between the parties in respect of the matters dealt with in them and supersedes any previous agreement between the parties or any of them relating to such matters.
    2. 23.2 You acknowledge that by agreeing to these Terms, and any of the documents referred to in it, that you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) other than as expressly set out in these Terms as a warranty. The only remedy available to either party in respect of any such statement, representation, warranty or understanding shall be for breach of contract.

Auction4trade Pty Ltd will not discuss individual vehicles on the web site at any time.

Auction4trade Pty Ltd (MD 22525)