Signing an auction contract of sale
Booking Terms & Conditions

The terms behind every booking.

The conditions that apply when you book an auctioneer with us, and when you add audiovisual services to that booking.

Part One

Auctioneer Service Terms

These terms apply to every auctioneer booking made with The Auction Company.

1) Booking schedule

To ensure that The Auction Company can make itself available to you and your team, we request that the nominated auction date be briefed to us at least 6-8 weeks in advance. Briefing can be made over the phone or by email and the address, time and date should be provided.

If there are clashes with other auction appointments on the same day, The Auction Company will inform you and will provide 3 alternate dates/times for your consideration.

2) Auctioneer's fees

All fees are payable to The Auction Company 7 days prior to the time the auction is booked.

3) Cancellation policy

If for whatever reason an auction does not go ahead subject to being sold prior, cancelled or other reason, a cancellation fee equal to 100% of the fee proposed above will be payable if the cancellation is within 28 days prior to the designated auction date.

3.1) Booking rescheduling policy

If an auction booking is required to be rescheduled, no additional fee will apply if the rescheduled auction date is within 21 days of the originally booked auction date.

If the rescheduled auction date is greater than 21 days from the originally booked auction date, an additional full booking fee may be payable.

Note: Any variation to condition 3) or 3.1) will be at the discretion of The Auction Company.

4) Property information

The Auction Company delivers an auction and provides its service based on the information (whether oral or in writing), documentation and advertising material provided to its auctioneers by the Client and its vendors. All information, documentation and advertising material provided to The Auction Company and/or its auctioneers must comply with all applicable laws, be accurate and complete in all respects. The Auction Company and/or its auctioneers will be entitled to rely on and assume no obligation to verify the accuracy, or completeness of such information, documentation and material. The Auction Company is also not responsible for any incorrect, incomplete or misleading statements which may arise from a failure by the Client and its vendors to comply with these requirements.

5) Mutual indemnity

For our mutual protection, each of The Auction Company on the one part and the Client and its vendors, on the other part agree to mutually indemnify and keep each other harmless from and against any and all losses, claims, actions, suits, proceedings, damages, liabilities or expenses whether in tort, contract, under statute or otherwise which either may suffer or incur directly or indirectly from a failure by the other to perform its obligations under these terms of appointment.

6) Appointment

The Auction Company is an independent service provider appointed by the Client on its own behalf to provide auction services for its vendors. Liability for payment for our auction services lies with the Client.

7) Ethical & legal responsibility

The Client agrees to act ethically, morally and in accordance with its legal requirement associated with the details of the Sale of Land Act 1962 (and any amendments made up until the current date of operation with The Auction Company) and Sale of Land Regulations 2024. The Auction Company assumes that the Client is aware of the details associated with the law and its duty to adhere to these laws for all real estate actions, including conducting an auction.

8) Recording and live stream

As part of our commitment to continuous improvement, The Auction Company reserves the right to record and live stream every auction conducted by its auctioneers.

Part Two

Audiovisual Service Terms

These terms apply in addition to the auctioneer service terms above whenever audiovisual services are added to a booking.

Booking schedule

Bookings made less than 7 days from the date of auction cannot be guaranteed and are subject to availability and personnel.

Auction day set up

All sound checks will endeavour to be made well before auction start time, however this is subject to the availability of the auctioneer and their attendance on-site. All items will be setup at least 30 minutes prior to auction start time. Setup instructions are to be provided at least 24 hours prior to the auction. Late requests are not guaranteed on the day of the auction. If on-site power is required, it is the responsibility of the agency to coordinate access to power on-site either from the subject property/tenancy or a neighbouring property.

Cancellation policy

If for whatever reason an auction does not go ahead subject to being sold prior, cancelled or other reason, the following cancellation terms are applicable for the audiovisual services:

Audiovisual services cancellation fees
When the auction is cancelledFee payable
Within 24 hrs of the auction50%
Within 14 days of the auction25%
14+ days from the auction dayNil

Public liability

The Auction Company and its service partner provide their service based on the information and instruction provided by the customer. The Auction Company is not responsible for any infringement that may come as a result of not complying with local laws and associated with the setup and delivery of the audio-visual equipment. The customer utilises these services with the knowledge that it is responsible for the validity of its use and will bear the cost and risk associated with any infringement that may result of any public nuisance that is brought on by police, neighbouring property owners, council and any other parties. In the best interest of all parties, if there is a complaint the service will immediately cease and be packed down.

Mutual indemnity

For our mutual protection, each of The Auction Company on the one part and the customer and its vendors on the other part agree to mutually indemnify and keep each other harmless from and against any and all losses, claims, actions, suits, proceedings, damages, liabilities or expenses whether in tort, contract, under statute or otherwise which either may suffer or incur directly or indirectly from a failure by the other to perform its obligations under these terms of appointment.

Appointment

The Auction Company is an independent service provider appointed by the customer on its own behalf to provide auction audio visual services for its vendors. Liability for payment for our auction audio visual services lies with the customer.

Weather

It is at the discretion of The Auction Company and its contractors to refuse setup or pack down due to weather. If lightning is forecast, setup will not proceed due to electrical hazards. This may include other weather factors too like rain and high heat. Payment of audiovisual services is still required according to the terms above (i.e. payment is required in full if setup does not proceed on the day due to weather conditions onsite).

Questions

Not sure how a term applies to your campaign?

Call us on (03) 9834 6034 or email admin@theauctioncompany.com.au and we will talk it through before you book.

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