Terms and Conditions - Heritage Only

TERMS AND CONDITIONS

HERITAGE ONLY PTY LTD (ACN 664 094 213) (“Heritage Only”)

The below “Online Terms and Conditions”, “Auction Terms and Conditions”, and the “Privacy Policy” (https://www.HeritageOnly.com.au/privacy/), are together referred to as the “T&Cs”.

(A) ONLINE TERMS AND CONDITIONS

1. Heritage Only Website

1.1 Any reference to “you, your, you’re” means the person accessing this website, including any associated website(s), such as https://vplates.com.au, and social media of Heritage Only (“Website”).

1.2 Any reference to “Heritage Only, we, us, our” means Heritage Only.

1.3 The Website is offered to you conditional upon your acceptance of the T&Cs and https://vplates.com.au/terms.

1.4 Your use of and access to the Website or any services associated with the Website constitutes your acceptance of the T&Cs.

1.5 We may change, modify, add to or delete portions of the T&Cs at our discretion and without notice. You should periodically check the T&Cs. By continuing to use our Website or any services associated with the Website, you accept the T&Cs as they apply from time to time.

1.6 In addition to these T&Cs, other terms of use or conditions may apply to your use of the Website (or parts thereof) or to any products or services offered via the Website. If such additional terms of use or conditions apply, we will bring them to your attention and you will be bound by them.

1.7 Heritage Only disclaims that the Website may not operate, or may not operate fully, on some types of portable electronic devices.

1.8 The laws applicable to use of the Website and to disputes arising out of the Website are the laws applying in the State of Victoria in Australia. If you access the Website from outside Australia you are also responsible for ensuring compliance with all applicable laws in the place where you are located.

2. Website Content

2.1 Material or information (including the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to) on the Website (“Content”) is not advice and is subject to periodic changes and may include technical inaccuracies or typographical errors.

2.2 Heritage Only does not warrant the accuracy, completeness or adequacy of the Content on the Website. You should make your own enquiries before entering any transaction on the basis of the Content on the Website.

2.3 Heritage Only reserves the right to moderate any user-generated Website Content as it considers appropriate.

2.4 You may access Content for your information and personal use solely as intended through the provided functionality of the Website and as permitted under these T&Cs. You must not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Heritage Only.

2.5 Heritage Only reserves all rights not expressly granted in and to the Website and Content. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the Content.

2.6 Publication of electronic addresses on the Website is for the purpose of professional communication only and must not be used to infer consent by Heritage Only as relevant or the relevant addressees, to the receipt of unsolicited commercial electronic messages.

3. External links and advertisements

3.1 The Website contains links to websites maintained by other organisations over which Heritage Only has no control. Heritage Only does not necessarily sponsor, endorse, or approve any material or advertising on external sites or the operations of external sites. You access those external sites and use their information, products and services solely at your own risk.

3.2 Heritage Only makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material or advertising on external sites to which the Website is linked, nor is Heritage Only responsible for the availability of these external links. You should refer to the relevant external site or advertiser for information on its products or services.

3.3 You must not create or maintain any link from another website to the Website without our written consent.

4. Limitation of liability – Website and Content

4.1 Heritage Only (i) makes no warranties or representations about the Website or any of the Content; (ii) accepts no responsibility for any loss suffered by you or anyone else in connection with the use of the Website or any of the Content; (iii) does not guarantee that the Website will not cause damage or is free from viruses or any other defects or errors. Under no circumstances will Heritage Only be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to the Content. This includes, but is not limited to, the transmission of any computer virus or any other defects or errors.

4.2 Heritage Only will not be held responsible or liable for any direct or indirect loss or damages caused or alleged to have been caused by your use, of, or reliance on, any content, goods or services available on external sites. Any concerns regarding an external link, should be directed to its responsible site administrator or webmaster.

4.3 Heritage Only excludes, to the maximum extent permitted by law, any liability which may arise as a result of the use of the Website or the Content on it. Where any law implies a warranty or guarantee which may not be lawfully excluded, then to the maximum extent permitted by law, Heritage Only’s liability for breach of the warranty or guarantee will at its option be limited to the supply of the services again or the payment of the cost of having them supplied again.

5. Copyright in material on this site and restriction of use

5.1 Save and except for any third-party copyright included on the Website under a licence or agreement, all the Content of the Website and downloads from it, is owned by Heritage Only. All rights are reserved.

5.2 Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in this copyright notice, no part of any Content may in any form or by any means (including electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system, transmitted or reproduced on any other Internet website without the prior written permission of the copyright owner.

5.3 We grant you permission to download and view Content or print a copy of the Content on this Website for personal, non-commercial use provided you do not modify the Content in any way; but otherwise, you are not permitted to copy, or republish anything you find on this Website without the prior written consent of Heritage Only.

5.4 Heritage Only makes no warranties or representations that third-party material on the Website or material on other websites to which the Website is linked, does not infringe the intellectual property rights of any person anywhere in the world.

5.5 Heritage Only is not and must not be taken to be, authorising infringement of any intellectual property rights contained in material on other sites by linking the Website to such material on other sites.

6. Trademarks

6.1 Unless otherwise indicated, trademarks are owned by Heritage Only. You must not use Heritage Only trademarks except: (i) by saving or printing out a copy of the Website as permitted by the copyright notice above; or (ii) as permitted by written agreement from Heritage Only.

6.2 The Website may contain trademarks or logos of other companies or organisations and these are proprietary to the registered owner(s) of such marks.

7. Indemnification

7.1 You agree to indemnify, defend and hold harmless Heritage Only, its officers, employees and agents against, any loss, liability, claim, demand, damage or expenses (including legal fees) asserted by any third party due to or arising from or in connection with your use of Content, or your conduct on the Website, or messages posted or transmitted by you on or through the Website. Heritage Only reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnification obligations.

8. Invalid terms and conditions

8.1 In the event that any or any part of the terms contained in these T&Cs are determined by a court to be invalid, unlawful or unenforceable, then such terms shall be severed from the remaining terms.

9. Website unavailability

9.1 Heritage Only does not accept responsibility in the event that the Website is unavailable to you at any time, or for any period. We may at any time restrict access to some, or all, of the Website. You are responsible for ensuring that you have made all necessary arrangements for you to have access to the Website and for ensuring that anyone who accesses the Website through your internet connection is aware of these terms and conditions and that they comply with them.

10. Forums and public communication

10.1 Forum includes without limitation; any bidding area on the Website, chat area, message board, blog or wiki function, discussion board, instant messaging, mobile messaging or e-mail function offered as part of the Website. If you participate in any Forum within the Website, you agree to follow our terms set out below, including the T&Cs.

10.2 Heritage Only is not responsible for the content or opinions posted or sent by users in any forum. You acknowledge that: (i) you take responsibility for postings under your username; (ii) you use the information provided in the forums at your own risk; (iii) anything you submit on the Website by way of any forum is routed through Heritage Only servers and/or the internet and that, therefore, you have no expectation of privacy with regard to any such submission; (iv) Heritage Only does not guarantee and are under no obligations, to take action in response to any suggestions or requests placed by any person within the forum; (v) the forums and features on the Website are forums for public and not private communications. Heritage Only cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.

10.3 Information obtained in a forum may not be reliable, and it is not a good idea to take any action, including to trade or make any investment decisions, based solely or largely on information you cannot confirm. Heritage Only cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading, investment, or any other decisions made based on such information.

10.4 You furthermore agree not to do any of the following:

Post, distribute, or otherwise make available or transmit any data, text, or message, that Heritage Only deems to be: (i) defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking; (ii) bigoted, hateful, or racially offensive; (iii) vulgar, obscene, or sexually explicit (language or images); or that (iv) encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; or that (v) infringes and / or violates any domestic or international law, rule, or regulation or make statements that do not generally pertain to the designated topic or theme of any forum.
Advertise or sell any products, services or otherwise (whether or not for profit), or solicit others or use any forum for commercial purposes of any kind.
Impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
Engage in antisocial, disruptive, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling”, and “griefing” as those terms are commonly understood and used on the internet.
We reserves the right to:
1. remove any material, and if we deem appropriate, to turn over to law enforcement officials, any material, including message, e-mail, or posting, that is in violation of these terms;
2. remove messages, emails, or postings that do not pertain to the designated topic or theme of the forum;
3. comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using the Website in violation of the law;
4. either via staff posting or otherwise, initiate any discussion based on feedback from members;
5. otherwise remove or edit content from any forum at any time and for any reason although it has no duty to do so.
Any comments or responses by Heritage Only staff do not necessarily represent the views of Heritage Only. Any opinions or views expressed by visitors, users and external contributors and any ratings and reviews given are those of the visitors, users and external contributors and not Heritage Only. If you post or submit any images, content or information on the Website, you can confirm that:
1. you have the right to do so and if you do not own the images, content or information that you have the permission of the owner to do so;
2. Heritage Only retains the absolute discretion as to whether we use such images, content or information;
3. you understand and acknowledge that we may delete or remove such images, content or information at any time without notice;
4. it is true, accurate and not misleading; and
5. it is not illegal or unlawful.
Whilst using the Website or in posting or submitting any images, content or information to the Website, you must not:
1. use any software or technologies to scrape information from our Website or collect or store personal information about any users of our Website;
2. impersonate any person or use a false email address;
3. knowingly or intentionally introduce any potential damaging computer code, programs or files (including viruses, trojans, worms or other malicious code or software).
If you do not comply with the above restrictions, we may terminate your account and we may also report any unlawful behaviour to law enforcement.

11. Creating an account and password requirements

11.1 You need to create an account in order to use the services on the Website.

11.2 Heritage Only may refuse to issue a password, in their sole discretion, until such time as it has satisfied itself about the identity of the user and the ability of the user to perform its obligations under these T&Cs.

11.3 You must keep your password confidential at all times. You must not: (i) allow anyone to watch you enter your password when accessing the Website; (ii) record your password in any manner that would indicate to anyone that it is the user’s password. You must inform us as soon as possible if you become aware of misuse of your password or loss or theft of a record of the password, or if you suspect that the password has become known to anyone. You will be liable for your losses

(B) AUCTION TERMS AND CONDITIONS

1. Your Acceptance

1.1 Heritage Only conducts the auctions for the sale and purchase of goods or items via its Online Sale System or live auction, subject to the T&Cs.

1.2 You will be deemed to have read, understand, have accepted and agree to be bound by these Auction Terms and Conditions (as may be varied by Heritage Only from time to time at its absolute discretion):

if you are a Bidder and/or Purchaser by:
1. submitting a Bidder Application (notwithstanding that it may or may not be complete or accepted by Heritage Only);
2. if you become a Bidder;
3. log onto and use the Online Sales System; or
4. make a bid at an Auction;
if you are a Vendor by:
1. submitting a Vendor Application (notwithstanding that it may or may not be complete or accepted by Heritage Only);
2. if you become a Vendor; or
3. log onto and use the Online Sales System.

2. Definitions

2.1 In these Auction Terms and Conditions unless the context otherwise requires or implies:

“Account” means the Website account that a person may set up to use the services of the Website.
“Auctioneer” means Heritage Only or any person conducting the Auction on behalf of Heritage Only, as may be appointed by Heritage Only from time to time.
“Auction” means a sale or prospective sale by auction of a Lot using the Online Sales System or Live Auction.
“Bidder” means a person registered to bid and participate in the Auction in accordance with clause 3.
“Bidder Applications” means the Bidder OSS Application and the Bidder LAA.
“Bidder LAA” means the application (online or hardcore) that a person must successfully complete and satisfy all criteria of, including provide all information and identification requested, in order to apply to Heritage Only to become a Bidder at a Live Auction.
“Bidder OSS Application” means the application, updated by Heritage Only from time to time, located on the Website, that a person must successfully complete and satisfy all criteria of, including provide all information and identification, in order to apply to Heritage Only to become a Bidder at an Online Sales System.
“Business Day” means a day on which banks are open for business in Victoria, other than a Saturday, a Sunday, a public holiday or a bank holiday in that city.
“Buyer’s Premium” means a fee equal to 4.9% (Inclusive of GST) of the Purchase Price, plus a Credit Card Surcharge, or other fee expressly specified by Heritage Only, payable to Heritage Only by the Purchaser on the purchase of a Lot.
“Credit Card Surcharge” means a surcharge of 1.75% on the total amount payable using a credit card approved by Heritage Only, which may be amended by Heritage Only at its discretion from time to time.
“Live Auction” means an in-person or an online video conference auction.
“Lot” means the registration number rights of a number plate for purchase at an Auction.
“Online Sales System” means the online system located on the Website and used by the Auctioneer to conduct the Auction.
“Purchase Price” means the Winning Bid amount for a Lot, plus any additional charges that the Bidder may be obliged to pay for that Lot, including but not limited to costs, fees or charges charged by the State Roads Authority for the transfer of the Lot.
“Purchaser” of a Lot, means the Bidder whose bid or tender is accepted by the Auctioneer and subsequently the Vendor (if required) with respect to the purchase of a Lot.
“State Roads Authority” means the State Road Authority in the State where the Lot is registered.
“Vendor” means person registered to sell their Lot(s) through an Auction in accordance with clause 4.
“Vendor Applications” means the Vendor OSS Application and the Vendor LAA.
“Vendor LAA” means the application (online or hardcore) that a person must successfully complete and satisfy all criteria of, including provide all information and identification requested, in order to apply to Heritage Only to become a Vendor for a Lot(s) at a Live Auction.
“Vendor OSS Application” means the application, updated by Heritage Only from time to time, located on the Website, that a person must successfully complete and satisfy all criteria, including provide all information and identification requested, in order to apply to Heritage Only to become a Vendor for a Lot(s) at an Online Sales System.
“Vendor Bid” means a bid made by the Auctioneer with respect to a Lot on behalf of the Vendor of that Lot at an Auction.
“Vendor Listing Fee” means the upfront non-refundable fee (set-out in the fee schedule on the Website) payable by the Vendor for registering their Lot for an Auction.
“Vendor’s Premium” means a fee equal to 2% (Inclusive of GST) of the Purchase Price, or other fee expressly specified by Heritage Only, payable to Heritage Only by the Vendor on the sale of their Lot.
“Vendor Reserve Price” means the minimum price that the Vendor has agreed to sell its Lot to a Purchaser.
“Website” means www.heritageonly.com.au and any of its webpages, as may be varied by Heritage Only from time to time.
“Winning Bid” means the highest bid received and accepted by an Auctioneer for a Lot that is equal to or above the Vendor Reserve Price or as otherwise accepted by the Vendor.
“you” or “your” means a Bidder, Vendor or Purchaser, or any person (other than the Auctioneer) using the Online Sales System or Live Auction to participate in the Auction.

3. Registration of Bidders

3.1 You must be registered as a Bidder to bid in the Auction.

3.2 You may not bid in the Auction unless you are a registered Bidder.

3.3 To be a Bidder, you must have the legal capacity to enter into contractual arrangements. This means that you are unable to be a Bidder if you are under 18 years of age, without mental capacity to enter into a binding contract or otherwise legally prohibited from entering into binding contracts.

3.4 You may apply to Heritage Only to become a Bidder and to participate, as a Bidder:

in an Auction that is through the Online Sales System, by completing the Bidder OSS Application; and/or
in an Auction that is a Live Auction, by completing the Bidder LAA.

3.5 In addition to the identification and other requirements specified in the Bidder Applications, to register as a Bidder, you must provide your up-to-date personal information, contact details, a valid Australian Driver’s Licence and proof of residential address.

3.6 By submitting a Bidder Application, you warrant to Heritage Only that all information, documentation and identification provided by you to Heritage Only is complete, accurate and valid.
3.7 You acknowledge and agree that providing Heritage Only with false or misleading information will not absolve you of any of your obligations as a Bidder.

3.8 You must not register with a username that is confusing, deceptive, inappropriate or offensive. Heritage Only remains the sole judge of the suitability of usernames and reserves the right to alter your username, to request that your username be altered, to restrict you from bidding on the basis of your username or to take any other reasonable action in relation to your username.

3.9 Bidder Application(s) must be approved in writing by Heritage Only before you can become a valid Bidder.

3.10 Heritage Only may, in its absolute discretion, accept or reject a Bidder Application.

3.11 In addition to the other rights Heritage Only has, Heritage Only may suspend or terminate your account if you are suspected or found to have engaged in fraudulent activity in connection with the site.

3.12 By winning a Lot at an Auction, you provide your irrevocable consent to Heritage Only to provide the Vendor of that Lot with your personal information should Heritage Only require for the purposes of transferring the Lot to the Purchaser and for any other reason advised by Heritage Only.

3.13 You are not permitted to consume any alcohol at an Auction. You acknowledge and agree that being under the influence of any alcohol does not absolve you of any of your obligations as a Bidder.

4. Registration of Vendors

4.1 To list a Lot(s) with Heritage Only, you must have the legal capacity to enter into contractual arrangements. This means that you are unable to list a Lot(s) with Heritage Only if you are under 18 years of age, without mental capacity to enter into a binding contract or otherwise legally prohibited from entering into binding contracts.

4.2 A Vendor registering a Lot(s):

for Auction through the Online Sales System, must complete the Vendor OSS Application; and/or
for Auction through a Live Auction, must complete the Vendor LAA.

4.3 In addition to all the other requirements specified in the Vendor Applications, to register a Lot(s) in an Auction, the Vendor must:

provide up to date personal information, contact details and a valid Australian Driver’s Licence;
include verification documentation, to the satisfaction of Heritage Only, verifying their ownership of the Lot(s) to be listed for Auction;
pay the non-refundable Vendor Listing Fee; and
receive written approval from Heritage Only that their Lot(s) is registered for an Auction.

4.4 Heritage Only may, in its absolute discretion, accept or reject a Vendor’s Application to register a Lot for an Auction.

4.5 By submitting a Vendor Application, you warrant that: (a) you own the legal and beneficial title of the Lot(s) you are listing for Auction; and all information, documentation and identification provided by you to Heritage Only is complete, accurate and valid.

4.6 A Lot(s) that is registered with Heritage Only for Auction must not be registered or listed for sale or otherwise, with any other business, whether online, through an auction, private sale or otherwise.

4.7 Heritage Only will, at its sole discretion, decide the Auction at which the Lot will be auctioned.

4.8 If you breach any Auction Terms and Conditions: (a) Heritage Only will have the right to and may remove a Lot from an Auction without notice to you; and (b) you will forfeit the Vendor Listing Fee.

4.9 You must not register with a username that is confusing, deceptive, inappropriate or offensive. Heritage Only remains the sole judge of the suitability of usernames and reserves the right to alter your username, to request that your username be altered, to restrict you from registering a Lot(s) in an Auction on the basis of your username or to take any other reasonable action in relation to your username.

4.10 We may suspend or terminate your account if you are suspected or found to have engaged in fraudulent activity in connection with the site.

4.11 You provide your irrevocable consent to Heritage Only to provide your personal information to the Purchaser should Heritage Only require for the purposes of transferring the Lot to the Purchaser and for any other reason advised by Heritage Only.

4.12 You are not permitted to and must not make bid on your Lot(s) or any Lot where you are the beneficial owner.

4.13 If you breach clause 4.12, you will be automatically banned from any and all Auctions through Heritage Only and you will forfeit the Vendor Listing Fee.

4.14 The Vendor Reserve Price of the Lot is recorded in the Vendor Application.

4.15 If the Vendor Reserve Price is reached or exceeded at Auction, the Vendor acknowledges and agrees that the Lot will be sold at Auction. The Vendor may not withdraw its consent to sell the Lot or vary the Vendor Reserve Price once the Auction has commenced.

4.16 If the Vendor Reserve Price is not reached at Auction, the Auctioneer and/or its agent will attempt to negotiate immediately with the highest Bidder to sell the Lot at or above the Reserve Price and if no agreement is reached, the Auctioneer and/or its agent will attempt to negotiate with other Bidders and then with any other interested parties.

4.17 Following its negotiation in clause 4.16, the Auctioneer may present the Vendor with a proposed price for the Lot that is lower than the Vendor Reserve Price and at the Vendor’s option, the Vendor may agree to accept or reject the offer. If the Vendor accepts that offer, then the Vendor agrees to sell the Lot at that price to the Purchaser.

5. Online Sales System and Live Auction

5.1 Heritage Only has the right to change the date of the Auction without notifying you.

5.2 Heritage Only does not warrant that the Online Sales System or Live Auction will be available for use by you or any other party at any particular time, whether during and for the duration of any particular Auction or otherwise.

5.3 Heritage Only may, at its discretion, limit, restrict or withdraw your access to or use of: (a) the Online Sales System; (b) or Live Auction; (c) your Account, at any time without notice to you or providing you any reasoning.

5.4 In the event of errors in processing and/or Website downtime or any other errors or delays caused to the Website and/ or the Auction as a result of unforeseen technological difficulties associated with our servers, data hosting centre, internet service provider or any other reason, Heritage Only hereby reserves the right to:

Decide (prior to or after the original time set for conclusion of the Auction) to extend an Auction for a period of time (determined at our discretion);
Decide (prior to or after the original time set for conclusion of the Auction) to re-open an Auction for a period of time – to be determined at our discretion;
Amend at any time prior to or during an Auction, the “start price” allocated to a Lot, but only so as to correct any errors due to processing or technological fault;
Void that entire Auction transaction and open the Auction again at the original start prices.

5.5 You acknowledge and agree that any cost, fees or expenses associated with or relating to accessing and/or using the Auction is your responsibility and will be borne solely by you.

5.6 You acknowledge and agree that photography and videography may be captured at any Auction or Heritage Only event, and that such content may be used by both Heritage Only and third parties for advertising and promotional purposes.

6. Auctioneer

6.1 The Auctioneer acts as agent for the Vendor solely with respect to selling their Lot.

6.2 The Auctioneer reserves the right to:

refuse any bid;
withdraw any Lot from Auction;
remove a Bidder from the Auction;
not allow a Bidder to bid in the Auction;
clarify the description of any Lot before the commencement of the Auction;
not disclose the existence or amount of the reserve price of a Lot before the Auction ends;
accept bids below the reserve price for the Lot; or
make Vendor Bid(s) on behalf of the Vendor.

6.3 Disputes with respect to or related to bidding at an Auction will be resolved by the Auctioneer or Heritage Only in their absolute discretion by either determining the dispute or negotiating to sell the Lot with the next highest Bidder.

7. Bidding During an Auction

7.1 The Bidder acknowledges and agrees that:

when a Bidder bids on a Lot during an Auction, the Bidder is making an irrevocable offer to buy that Lot at that bid price which remains open for acceptance by the Auctioneer until the Auction ends;
a Bidder’s bid will only be accepted by the Auctioneer for a Lot if it is higher than the preceding bid for that Lot;
if at the end of the Auction the Bidder’s bid for a Lot is accepted and declared by the Auctioneer as the Winning Bid, the Bidder will be the Purchaser and is obliged to purchase that Lot at the Purchase Price;
a Bidder should not make a bid on a Lot if they are unable to pay for the Purchase Price for that Lot and have it collected within the specific date/time specified for that particular Auction;
the Bidder is liable for all bids made at an Auction and are deemed to be bidding on their own behalf and not on behalf of any other person.

7.2 The Auction period for a Lot ends when the Auctioneer accepts the Winning Bid for that Lot or if that Lot passes in, unless that Lot has been withdrawn from that Auction for any reason whatsoever.

7.3 A Lot at an Auction may be subject to a Vendor Reserve Price. The starting bid for a Lot at an Auction may be less than the Vendor Reserve Price. Unless a Bidder bids up to or above the Vendor Reserve Price or the Auctioneer agrees otherwise after receiving instructions from a Vendor, the Bidder will not be successful in purchasing the Lot.

7.4 All bid prices for a Lot are GST inclusive if the sale of that Lot is a taxable supply.

8. Payment of the Purchase

8.1 On conclusion of the Auction, Heritage Only will forward an invoice to the Purchaser for the Purchase Price and the Buyer’s Premium (Invoice).

8.2 The Purchaser must pay into the Heritage Only Trust Account designated on the Invoice: (a) 10% of the Purchase Price (Deposit) plus the Buyer’s Premium (including any Credit Card Surcharge), within three (3) hours of the Auction concluding; and (b) the remaining 90% of the Purchase Price (including any Credit Card Surcharge) within two (2) business days of the Auction concluding.

8.3 If the Purchaser fails to pay the Deposit, the remainder of the Purchase Price and/or the Buyer’s Premium, within the timeframes specified in Clause 8.2 above, the Purchaser may be liable to pay additional fees to Heritage Only. These additional fees may include, among other things, administrative fee of $1,000 (to cover cost of resale of the item, lost commission and Buyers Premium (if any), administration costs, restocking costs, additional costs including advertising, insurance, transportation, storage and any other reasonably incurred or may be incurred expenses) will be added in addition to the Buyer’s Premium. The Purchaser acknowledges and agrees that the $1,000 administrative fee is a genuine estimate of the costs, fees and expenses that that Heritage Only will incur and does not preclude Heritage Only or its representatives from seeking further costs, fees, expenses from the Purchaser should it require.

8.4 Following the sale the Lot to the Purchaser, the Vendor will pay the Vendor’s Premium to Heritage Only by: (a) Heritage Only deducting the Vendor’s Premium from the Purchase Price paid by the Purchaser; or (b) any other manner specified by the Vendor (from time to time).

8.5 Where applicable and authorised by Heritage Only, payments under these T&Cs may be made by a credit card approved by Heritage Only and such payments will incur a Credit Card Surcharge.

8.6 The $1,000 administrative fee and any unpaid fees or expenses must be paid by the Purchaser to Heritage Only no later than four (4) Business Days following the conclusion of the Auction and time is of the essence with respect to this clause 8.5.

9. Default

9.1 If the Purchaser does not pay the Buyer’s Premium and/or the Purchase Price for the Lot by the time specified in clauses 8.2, 8.3 and/or 8.5, the Vendor and Heritage Only may:

cancel the Purchaser’s Account;
take legal action to recover all money owing to Heritage Only, including any Buyers Premium, administrative and other fees and expenses, and lost income;
sell the Lot by private treaty to the next highest Bidder or in any other manner that it sees fit without any notice to the Purchaser, and claim the net shortfall (between the Purchase Price and the resale price received after deducting all expenses, from you;
recover from the Purchaser any other loss, damage, cost or expense associated with the resale of the Lot, including the difference between the Purchase Price and resale price where the Purchase Price exceeds the resale price; and/or
recover the Purchase Price from the Purchaser.

9.2 A Purchaser that has defaulted on a payment obligation under these T&Cs does not have any interest (legal, equitable or otherwise) in the Lot, or have any cause of action against the Vendor, Heritage Only or Auctioneer.

10. Title, Risk and Transfer

10.1 The Vendor warrants to the Auctioneer and Bidder that: (a) it has good legal and beneficial title to the Lot; (b) it has proper authority to sell the Lot; and (c) there are no undisclosed encumbrances or security interests with respect to the Lot.

10.2 On conclusion of the Auction, the Lot is privately owned and has been sold to a Purchaser, the Vendor must immediately transfer the Lot from the Vendor to Heritage Only, through the State Roads Authority. Following receipt of the Purchase Price and the Buyer’s Premium from the Purchaser, Heritage Only will transfer the Lot to the Purchaser in accordance with Clause 10.3.

10.3 Title in the Lot does not pass to the Purchaser until: (a) the Lot has been registered by the State Roads Authority in the name of the Purchaser; (b) Heritage Only has received the Purchase Price and the Buyer’s Premium and any other amounts, fees and expenses under these T&Cs, in cleared funds.

10.4 Notwithstanding that the Purchaser does not receive title to the Lot until it has complied with Clause 10.3, the Purchaser assumes all risk in relation to the Lot following their purchase of the Lot and prior to the payment of the Purchase Price. The Auctioneer and Heritage Only will not be held liable to the Purchaser or the Vendor for any loss or damage to the Lot that occurs or becomes apparent after the Auction of that Lot.

10.5 The Purchaser and Vendor agree that Heritage Only facilitates the transfer of the Lot from the Vendor to the Purchaser, payment from Purchaser to Heritage Only, the remittance of the Purchase Price (minus the Vendor’s Premium) to the Vendor for the Lot, and undertaking or registering the transfer of the Lot with the applicable State Roads Authority.

10.6 The Purchaser and Vendor acknowledge and agree that the transfer of a Lot will not be valid until the applicable State Roads Authority formally accepts the transfer to the Purchaser and registers the Purchaser as the owner of the Lot.

11. Condition of the Lot

11.1 The Bidder and the Purchaser accept that the Lot is offered for sale ‘as is, where is’ with all defects and faults (if any).

11.2 The Auctioneer and Heritage Only do not warrant or give any guarantee as to the condition or age of any Lot, or that any Lot is authentic, genuine, suitable, fit for purpose or of merchantable quality.

11.3 The Bidder and Purchaser acknowledge that any information provided by the Auctioneer in relation to any Lot: (a) reflects the information provided to the Auctioneer by the Vendor; and (b) has not been independently verified by the Auctioneer for completeness or accuracy.

11.4 The Auctioneer will verify ownership of the Lot.

11.5 The Auctioneer and Heritage Only are not liable for any loss, damage, cost or expense suffered or incurred by the Purchaser arising out of or in connection with incorrect, incomplete or error in information provided about any Lot and the Purchaser agrees to indemnify and release the Auctioneer and Heritage Only from any claim, demand or cause of action with respect to such loss, damage, cost or expense suffered or incurred by the Purchaser arising out of or in connection with incorrect, incomplete or error in information provided about any Lot.

12. Collection and Delivery (if the physical Lot is being provided)

12.1 The Purchaser is responsible for all costs, fees and charges for collection of the Lot.

12.2 The Purchaser will not be provided with the Lot until Heritage Only has received the Purchase Price, Buyer’s Premium and any other amounts, fees and expenses under these T&Cs, in cleared funds.

12.3 The Vendor and Purchaser acknowledge and agree that the physical form of the Lot is and will always be owned by the State Roads Authority.

13. Liability and Indemnity

13.1 The Vendor acknowledges and agrees that: (a) Heritage Only will not be liable to pay and will not pay the Purchase Price of the Lot to the Vendor if it does not receive the Purchase Price, in clear funds, from the Purchaser: (b) Heritage Only will not be required to or responsible for, taking any action (legal or otherwise) against the Purchaser to recover the Purchase Price; and (c) notwithstanding that Heritage Only does not receive the Purchase Price for the Lot, the Vendor will be liable to and will pay the Vendor’s Premium to Heritage Only for each Auction for a Lot within five (5) business days of the conclusion of that Auction.

13.2 Heritage Only and its directors, officers, employees, agents, contractors, subcontractors and/or professional advisers (“Related Persons”) are not responsible for bids not received, processed or accepted due to technical difficulties and will not be liable for any loss, liability or damage incurred by you as a result of a bid not received, processed or accepted due to technical difficulties.

13.3 Except as otherwise implied by law, Heritage Only provide the Website and the Auctions without any express or implied warranty or condition with regard to the Website’s or any Auction’s capacity.

13.4 You will fully indemnify Heritage Only and its Related Persons, and will keep all of them indemnified, from and against all claims, actions, losses, liability, damage or expenses incurred or sustained by Heritage Only and/or its Related Persons (including based on any liability to or claims of any third party) arising from or in connection with:

a breach of your obligations or any warranty these Auction Terms and Conditions;
any negligent, unlawful, wilful or fraudulent act or omission of the Party or its Related Persons;
any breach of the Party of any intellectual property rights of Heritage Only;
any breach of the Party’s obligations under applicable privacy or data protection laws; and/or
any claim by a third party against Heritage Only or Related Persons to the extent caused by breach of this Agreement, or any wilful, unlawful or wrongful act or omission of the Party or its Related Persons.

13.5 Subject to applicable law, the aggregate liability of Heritage Only and its Related Persons under these Auction Terms and Conditions (whether the claim arises in contract or pursuant to any action in tort, negligence or otherwise) will not exceed the greater of: (a) the amount paid to Heritage Only under these Auction Term and Conditions; or (c) the monetary amount equivalent to Heritage Only’s cost of resupplying the services of an Auction.

13.6 Notwithstanding any other provision of these Auction Terms and Conditions and to the maximum extent permitted by law, Heritage Only will not bear any liability to the Party for loss of profits, business opportunities, goodwill, and any indirect or consequential loss.

14. General

14.1 These T&Cs set out the entire agreement between the parties and replaces all previous communications, representations, inducements, undertakings, agreements and arrangements between the parties, whether written or oral, relating to its subject matter.

14.2 You may not assign any of your rights and obligations under these T&Cs without the prior written consent of Heritage Only.

14.3 If any provision of these T&Cs is held to be invalid or unenforceable for any reason, such invalidity or unenforceability will not affect or render invalid or unenforceable any other provision of that Agreement.

15. Governing Law

15.1 These Auction Terms and Conditions are governed by and will be construed according to the laws of Victoria, Australia and you are subject to the jurisdiction of the courts in Victoria, Australia.