any person who conducts an auction by calling for bids and declaring Lots sold.
any person who bids for a Lot.
any person who successfully bids for a Lot.
means an amount payable by a Buyer in addition to the sale price calculated at a rate stated by the Auctioneer, advertisements or as displayed in auction rooms.
means the mechanical and electronic components of a computer including monitor, keyboard and desktop or tower case.
means the Occupational Safety and Health Act (1984) and the Occupation Safety and Health Regulations (1996).
means any item or items marked as a lot or described as a lot by the Auctioneer.
"Plant & Equipment"
includes vehicles, machinery, mechanical, electrical and electronic equipment, tools, fixtures, appliances, implements and any component or fitting thereof or accessory thereto.
means any person who sells a Lot.
means the programs and other operating information used by a computer.
Persons attending the Auction site, before, during or after the auction do so at their own risk. The Auctioneer, his agents, employees or principals shall not in any way be liable for any injury sustained to any person or for damage to or loss of property whatsoever caused.
All persons attending the auction site under the age of 16 years are required to be in the care of and under the supervision of an adult.
Prior to Auction each Bidder shall complete a Bidders Registration Form.
Upon the request of the Auctioneer or his or her clerk, a Buyer may be required to provide his or her full name and residential address immediately.
A buyer shall be deemed to purchase as a principal unless at the time of completing the Bidders Registration Form the Buyer:
discloses to the Auctioneer that he/she will be bidding on
behalf of a principal and shall supply the full name and
address of that principal; andfor and on behalf of that principal; and
gives the Auctioneer a copy of a written authority to bid for and on behalf of that principal
Subject to any reserved price, the highest Bidder for each Lot shall be the Buyer.
Subject to condition 5 below, the entry of the Buyers name in the record or book kept by the Auctioneer or his clerk, shall be binding upon the Buyer and such record or book, together with these conditions, shall constitute the whole of the contract between the Auctioneer and the Buyer and as between the Buyer and the Seller.
If a dispute arises as to any bid, the Auctioneer shall, at his or her absolute discretion, either determine the dispute immediately or resume the bidding at the last undisputed bid. In either case the dispute must occur before the next Lot is offered for bids.
The Auctioneer and the Seller reserve the following rights, which may be exercised by the Auctioneer without giving any reason there for:
not to offer for sale any Lot or part of any Lot described in the catalogue;
to offer two or more of the Lots or part of any Lot described in the catalogue as separate Lots for sale together as one Lot;
should such Lots referred to in (b) not be sold to a successful bidder, to offer such lots as separate Lots;
to withdraw any Lot or Lots from sale;
to refuse to accept a bid or bids from any person or persons;
to refuse admission or to eject from the auction site any person or persons;
to refuse to accept any bid for a Lot being less than the sum nominated from time to time by the auctioneer;
to keep secret the existence and amount of any reserve price of a Lot prior to the close of bidding or withdrawal from sale of the Lot;
in the event that any buyer shall successfully bid for more than one Lot at the auction
to appropriate any monies received from that buyer in satisfaction or partial satisfaction of the purchase price due in respect of any one or more of 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; and
to elect at any time to treat such contract for the sale of each Lot as independent with each other and default under any such contract shall be default under all such contracts;
to bid on behalf of any prospective buyer with or without disclosure;
in the event that any Lot is not sold at the auction to offer to sell the same immediately after the auction by private sale but otherwise subject to these conditions and
to permit the Seller to make one or more bids for any lot.
On the fall of the hammer, the Auctioneer may require 'the Buyer to pay to the Auctioneer or his Clerk, by cash or bank cheque, a deposit of 20% of the purchase price for the Lot purchased and the balance payable in 24 hours.
If a buyer fails to pay the deposit, the Auctioneer may put the Lot up for bidding and resale, and the defaulting Buyers bid shall not be taken again at the resale.
If the resale price is lower than the price obtained on the first sale, the difference in price shall be an amount recoverable by the Auctioneer or Seller as a debt due and payable by the original Buyer.
A sale shall not be invalidated by reason of any fault or defect in a Lot.
A sale shall not be invalidated by reason of a Lot being incorrectly described in a catalogue or elsewhere.
The Seller or Auctioneer is not liable to pay compensation to a buyer for any fault or defect in a Lot or for any error or misdescription or for any missing part or quality.
No warranty, either express or implied, is given by any verbal affirmation made by the Auctioneer.
The Auctioneer or seller is not liable to pay compensation to a buyer for any fault or defect in a lot or for any error or misdescription or for any missing part or quantity.
Bidders must satisfy themselves by inspection or otherwise as to the nature and authenticity of a lot and accept the same with all faults, latent or patent.
From the fall of the hammer each Lot is at the Buyers risk. The Auctioneer and the Seller shall not be accountable for any deficiency, damage or loss which may occur thereafter. It is recommended that insurance be taken out at the fall of the hammer.
At the Buyers own cost the Buyer shall remove the Lot within the time frame specified by the Auctioneer or by no later than 4 p.m. on the next business day following the sale, whichever is the earlier.
The Buyer shall not remove a Lot during an auction unless authorised by the auctioneers agents.
The Buyer is fully responsible for the expense and risk of the removal of a Lot and for any damage to property or injury to persons caused by themselves, their agents or employees that occurs during the removal of a Lot.
Any part of a lot which a buyer does not remove within the frame time specified in 10.1 may thereafter removed by some person, firm or company engaged by the auctioneer and stored at the auction site elsewhere, at the discretion of the auctioneer. Such removal and storage shall be deemed to be made at the request of the buyer and all costs incurred by the auctioneer shall be recoverable by the auctioneer and the seller as a debt due and payable by the buyer.
The disconnection of any gas or electrical services from any piece of Plant & Equipment carried out during the removal of a lot must be performed by a competent and qualified trade's person.
Prior to the end of the auction or at any time thereafter specified by the Auctioneer, the buyer shall pay to the Auctioneer the full purchase price for the lot including an applicable sales tax, any other government tax or any buyers premium.
The purchase price and any part thereof, shall be paid by cash or by bank cheque.
Any balance of the purchase price shall be paid by the buyer to the auctioneer within the time period required in these conditions to take delivery of the lot and the buyer shall not be entitled to require the delivery of the lot until the purchase price has been paid in full.
The Auctioneer and the seller reserve the right to restrict access to the lot prior to the lot being paid in full
Title to the lot shall not pass to the buyer until all cheques are cleared by the Auctioneer's bank.
If the buyer fails to comply with any of the above terms, the deposit or any monies paid shall be forfeited without notice to the Buyer by the Auctioneer and the Lot in respect of which the default has been made may be resold by public or private sale or disposed of, if no longer of commercial value.
The defaulting Buyer shall pay all the expenses arising from the default including the cost of any removal, warehousing, advertising, commission and resale.
If the price obtained on the resale is lower than the price obtained at the original Sale, the difference in price may be recovered by the Auctioneer or Seller as a debt due and payable by the Buyer.
Without limiting the generality of the foregoing the Auctioneer is entitled to recover from the buyer:
a sum for expenses and charges incurred by the Auctioneer in connection with or incidental to the auction in respect of the resale,
the amount of any applicable commission or buyers premium;
any applicable sales tax or any other government tax or fee relating to or arising from the sale of the lot or part thereof.
The Legislation imposes obligations, such as providing and maintaining a safe work environment and preventing exposure to and protection from hazards on persons who use or operate plant in a workplace and on employers whose employees use or operate plant. If the Buyer intends to use plant purchased at this auction, at a workplace then it is the responsibility of the Buyer to inform themselves of these obligations.
Unless otherwise is stated, the plant sold at this auction has not been assessed or inspected by a competent person and it may or may or may not be affected by faults or defects, which make it unsafe for use. It is the responsibility of the Buyer to ensure assessment and inspection by a competent person.
The Buyer is warned that the items not previously assessed or inspected by a competent person may be suitable for scrap or spare parts only.
The Legislation requires that owners of plant maintain safety and health information and records. The Auctioneer will pass on to the Buyer all information made available to them by the owner, but the Auctioneer does not warrant that the information and records are complete and accurate. It is the responsibility of the Buyer to familiarise themselves with all relevant information and records.
Unless specifically provided, any sale of computer equipment at this auction is intended to be the sale of Hardware only.
If the sale of any computer equipment includes Software, the Software may be subject of a Software Licence Agreement. A copy of this agreement may be obtained from the computer manufacturer or the Seller.
If the Software is not capable of being assigned with the Hardware, the Buyer Acknowledges that any use of the Software may be a breach of the Software Licence Agreement.
If the Software is capable of being assigned with the Hardware, the buyer acknowledges that they are bound by terms and conditions of Software licence agreement and that such conditions may restrict the use of the Software.
Time shall be of the essence in the sale of any Lot and in the performance of the above terms and conditions.
The purchaser acknowledges that all Lots purchased are subject to a "Buyer's Premium' at a rate as stated in the Auctioneer's advertisements and catalogues. The Buyer's Premium will be payable at the same time as the purchase price and is payable to the Auctioneers in consideration for services and facilities provided to the Purchaser by the Auctioneers.
Unless otherwise stated, GST will be added to the knockdown price including buyers premium. Total owing will be bid amount plus buyers premium plus GST.
Buying at The Auction Barn is exciting and rewarding. The friendly and experienced staff, along with an amazing array of new and used, old and ancient goods, which change daily, make a day at The Auction Barn a stress free experience you must try.
Below are questions and answers that will enhance your experiences at The Auction Barn.
For further information please contact The Auction Barn on 02 6241 9000
On arrival at The Auction Barn, please go to the office and ask to register as a bidder. You will be given a catalogue which contains all lots to be sold at the auction, the Terms and Conditions of the auction and a registration form. Fill out the registration form and then you will be given a buyer's number which is your identification number if you are a successful purchaser.
You can register at any time during an auction, but for those people unfamiliar with auctions we would suggest that you register prior to the start of the auction and then listen and watch to see what happens. You will learn a lot and gain a lot of confidence.
Bidding is indicating to the Auctioneer, or his staff, that you are interested in a particular lot number. When you wish to bid, signal in an obvious way to the auctioneer; holding up your buyer's number is the most visible and reliable method or you may wish to call out or wave your hand.
If you wish to cease bidding indicate again in a definite manner, i.e. shake your head.
The Auction Barn’s experienced auctioneers can differentiate between voluntary and unconscious movements. If your bid is successful hold up your buyer's number so that the auctioneer can see it clearly to record your purchase.
If a lot has more than one item listed, the highest bidder for that lot will usually have the option to take one or as many as they require, the under bidders will then have the opportunity to purchase the items at the price stated by the auctioneer. Bidders are given the first opportunity to purchase the remaining lots; if you do not bid you may miss out.
Yes. The Auction Barn’s experienced staff will be pleased to help you.
Cash, Bank Cheque, EFTPOS, Direct transfer, Visa Card, Master Card.
Yes. We are commission agents and a charge of 1% on all Visa Card and Master Card transactions is charged.
A Buyer’s Premium is a fee charged by the auctioneer and added to the knock down price of every item that you purchase. The buyer's Premium is added to your invoice and shown separately.
Yes. A Buyer’s Premium of 11% is charged on most items but may be more or less on some items. Changes will be noted in the catalogue and brought to your attention by the Auctioneer.
The catalogue for each auction will state if the auction is GST inclusive or exclusive. Inclusive auctions include GST in the knockdown price, exclusive auction have the GST added to the knockdown price.
Yes. you can inspect items prior to auction, we encourage you to inspect and assess the lots you are interested in failure to inspect items may lead to disappointment. Inspection is usually from 9am – 4pm the working day prior to the auction and on the day of the auction from 8.00am.
An Absentee Bid is when you unable to attend an auction, you fill out an absentee bidders form and hand it into to the office. The auctioneer will bid on your behalf.
If you are successful or not you will be advised of the outcome, all normal conditions of auction apply to absentee bidders. (Absentee Bidders Form)
Note: If you are not sure what something is worth, ask our staff, they will help you by giving you an estimate on what they think an item will achieve at auction. If in doubt attend some of our auctions to assess for yourself the value of items offered.
If bidding does not reach, in the auctioneer’s opinion, a satisfactory level, the auctioneer may refer the highest bid to the vendor. Should your bid be subject to approval please check at the auction office to see if your bid was successful.
Payment is preferred on the day of the auction and can be made at any time during or at the completion of the auction. Purchases must be paid for and picked up no later than 12 noon on the first working day after the auction. No items can leave the auction site until full payment has been received.
Pick up from The Auction Barn must take place by 12 noon on the first working day after the auction. If this can’t be done, please talk to staff about alternate arrangements. We will help where we can.
The Auction Barn can give you a list of Carriers to choose from.
The Auction Barn’s privileged bidding number is a number that is permanently yours.
If you are a regular auction goer, applying for a Privileged Bidding Number will save you time and avail you of various benefits e.g. SMS messages to your mobile phone re auctions.
This depends on how many lots are on offer but as a general rule the auctioneers will sell approximately 100 lots every hour.
Yes. You will be able to purchase tea, coffee, soft drinks and a variety of food on auction days.
Selling at The Auction Barn is easy and the reward is your unwanted items turn into $$$.
If the following questions and answers don’t answer your queries please contact “The Auction Barn” and one of our staff will be more than pleased to answer your queries.
The Auction Barn conducts General Auctions weekly on a Saturday commencing at 11am as well as specialist monthly auctions eg Catering Equipment, On – Site Auctions, Wine Auctions, Jewellery, Antiques etc. See our Auction Calender for exact dates and times.
Anyone can sell at The Auction Barn. Individuals, Businesses, Government Departments, Liquidators, and Importers. (A selling profile can be developed to suit the situation)
The Auction Barn is open from 9am till 4pm weekdays, 8am till 4pm Saturdays and closed Sundays unless an Auction is being conducted.
Anything and everything is a good description of what you can sell at The Auction Barn. Please contact us if you have anything to sell and our staff will help you with any questions.
Goods can be taken to The Auction Barn between 9am and 4pm Monday to Friday and from 8am till 4pm on Saturdays (and 9am till 12noon on Sundays.) If you can’t bring your own goods in The Auction Barn can organise for your goods to be picked up and brought to The Auction Barn, professional carriers are used and the cost of cartage can be paid direct to the carrier by you or deducted from your proceeds.
You can inspect anytime during business hours, although auctions may not be fully prepared until the day prior to the Auction. Inspection is usually 9am till 4pm the day before the auction or 8am morning of the auction.
Catalogues are usually available and downloadable from this website; by fax or picked up from The Auction Barn 24 hours prior to the Auction.
Once your goods are received at The Auction Barn they are described and put into our computerised database and then identified by a computerised vendor and item number, a computerised receipt is then given to, emailed, faxed or mailed to the vendor for their records.
Whilst 95% of goods that enter The Auction Barn are unreserved, reserves can be placed on goods as long as the Auctioneers deem the reserve to be sensible and achievable. The Auctioneers are pleased to give advice in these situations.
Please contact The Auction Barn as commissions can vary greatly, depending on price and quantity.
The Auction Barn places great emphasis on paying vendors as quickly as possible.
A maximum of three working days after an auction and your proceeds can be paid directly into your bank account, picked up at The Auction Barn or mailed to your address.
At the completion of an Auction we e-mail your results and on receiving your proceeds you will receive an itemised account sale with a list of sold items and prices realised along with unsold items and cost associated with the Auction.
Unsold Items will go to Auction on three occasions before you will be contacted and the matter discussed.
No, whilst all care is taken with vendors items it is the responsibility of the vendor to organise insurance if required.
The following is intended as a guide only and for further clarification on the GST and its affect on you, please contact the Australian Taxation Office. When a GST registered company or person, or one that is required to be registered, sells items through auction, GST at the rate of 10% would apply to most goods sold through auction rooms.
The company or person would subsequently be required to prepare a Business Activity Statement, which depending on the status of the entity would be lodged with the ATO every month or quarter.
Yes, the seller’s commission is considered a taxable supply of the auctioneer’s services. Accordingly, GST on any fees or commissions would be required to be charged to the vendor by the auctioneer.
In general, if the vendor is registered or required to be registered the sale of new or second hand goods will attract the GST. The vendor is required to charge the purchaser the GST, collect the GST and subsequently remit the amount to the ATO (after claiming any applicable input tax credits) The buyer’s premium is generally considered to form part of the total consideration or sale price of the item. Accordingly GST would be charged on this amount as well.
The commissions to any vendor (registered or not) will be subject to the GST provisions.
In accordance with general law principals, the vendor is ultimately responsible for the collection and remittance of any GST applicable to the sale of an auctioned item. In most circumstances, where the vendor is registered, the GST-inclusive sale price, less auction fees or commission, is passed on to the vendor who must then account for GST in their business activity statement.
Whether you are a individual, small business or a large company, The Auction Barn’s Asset Valuation Services can be adapted to meet your requirements. The Auction Barn brings its clients together with professionals, who have expertise in the valuation of most types of plant and equipment, from Bulldozers to Fine Wines and everything in between.
Why would you require your assets to be valued?
To determine the value prior to the auction, sale or tender process.
To assess and value goods that are under insolvency and/or liquidation arrangements.
Valuations for finance or insurance purposes.
Appraising the net worth of assets for financial reporting purposes.
As part of your due diligence process during the buying or selling of a business.
Assisting business owners to make informed decisions during corporate restructures or takeovers.
Valuations for partnership or marriage breakups.
Valuations for deceased estate.
Whatever your valuation reason, you can be assured of our expert advice and confidentiality at all times.
An On–Site Auction is one that is held at your premises and not at the Auction Rooms.
On-site Auction Sales create an excellent opportunity to maximise your returns whilst minimising costs. The Auction Barn’s Professional Team Specialise in On-Site Auctions and offer the following Services.
Initial valuation and assessment of proposed auction.
Present a costing to vendor for conducting auction.
Layout and presentation of auction.
Preparation of computerised catalogue.
Coordination of auction inspection, sale and delivery days.
Preparation and placement of advertising.
E-mail and SMS messaging to potential buyer's from our computerised data base.
Placement of catalogue with photographs on our web site.
Computerised accounting of auction.
Provision of all staffing.
Prompt accounting and payment of proceeds.