Terms & Conditions


Realm Group Australia Pty Ltd (REALM) and or Affiliated Machinery Agents Aust Pty Ltd (AMA)

63 Gilliland road Euroa Victoria 3666

This User Agreement governs the Services that Realm Group Australia Pty Ltd and or Affiliated Machinery Agents Aust Pty Ltd and or associated entities provides including Agricultural Machinery and equipment auctions and sales, real estate, finance and livestock.

Realm Group Australia Pty Ltd and or Affiliated Machinery Agents Aust Pty Ltd, its subsidiaries and affiliates (collectively “Realm” and or “AMA Services”) respects the privacy of our clients and customers. By using this website, you are agreeing to the Terms and Conditions of the Realm Group Australia Pty Ltd and or Affiliated Machinery Agents Aust Pty Ltd Services and User Agreement.

Definitions

In this document, the following expressions have the following meanings unless the context requires otherwise:

Access - means to enter the REALM /AMA Services websites and view or download any data held on the Realm Group Australia Pty Ltd and or Affiliated Machinery Agents Aust Pty Ltd Services websites;

Agent - means the REALM /AMA Services appropriate licensed and approved agent for a Vendor or for a Purchaser as appropriate who undertakes all functions normally associated with being an agent in relation to the sale and purchase of Lots;

Auction Sale - means a sale in which each Lot is sold to the highest bidder where the bid equals or exceeds the Vendor's reserve price;

Auction Site - means the website at which an Auction Sale is conducted.

Australian Consumer Law - means the Australian Consumer Law of the Competition and Consumer Act 2010 (Cth).

Business Day - means a day that is not a Saturday, Sunday or public holiday or bank holiday.

Catalogue - means any a document or record that includes listings, lots, photographs or other media pertaining to the sale of the listings/lots. Trade Mark Pending.

Conditions of Sale - means the terms in this User Agreement setting out the conditions of sale.

Conditions of Auction - means the terms in this User Agreement setting out the conduct of auctions.

Contract of Sale - means a contract between the Vendor and the Purchaser for the sale of a lot as set out in the Terms and Conditions User Agreement.

Force Majeure - means in referring to circumstances beyond the control of the parties, and in the event either party is unable to perform its obligations under the terms of User Agreement because of acts of God, strikes, equipment, or transmission failure or damage reasonably beyond its control the terms in this User Agreement setting out the conditions of sale.

GST - means the goods and services tax as imposed by the Goods and Services Tax Act 1999 (Cth).

Listing Fee - means the applicable fee for the services provided by REALM /AMA in connection to Agricultural Machinery / Equipment Auctions & Sales and or Real-estate sales livestock sales.

Listing / Lot means any item listed for sale in REALM /AMA Services by a Vendor, which includes assessed lots and described lots.

Livestock - means cattle sheep, or any other animals listed on REALM / AMA Services.

Machinery - means any machinery, farm equipment, trucks, tractors, vehicles, parts and accessories being categorised as 'Machinery' and or equipment and listed for sale or auction.

Miscellaneous Auctions - means the sale or auction of listings/lots pertaining to a value of less than $10,000.

Negotiated Sale - means a sale negotiated between a Vendor and a Purchaser as provided for by the REALM /AMA Services.

Purchaser - means a purchaser of a lot on the REALM / AMA Services.

Sales Terms - means the terms and conditions which govern any Contract of Sale entered into by Vendors and Purchasers.

Selling Agent - means REALM / AMA Services who lists a lot in an auction on behalf of a Vendor.

User Agreement / User Agreement and Sale Terms - means this document

Vendor - means a vendor of a lot with REALM / AMA Services.

Vendor Agreement - means the terms and conditions for the sale of a lot/s through REALM / AMA Services.

Conditions of Use

Please read these conditions carefully before using REALM / AMA Services. By using REALM / AMA Services, you agree to be bound by these conditions. We offer a wide range of REALM / AMA Services, and sometimes additional terms may apply. When you use an REALM / AMA Service (for example Agricultural Machinery and equipment Auctions and Sales Real-estate / livestock sales - you will also be subject to the terms and conditions and policies applicable to that REALM / AMA Service ("Service Terms").

1. PRIVACY

Please review our Privacy Policy Statement, which governs your use of REALM / AMA Services, to understand our practices.

2. ELECTRONIC COMMUNICATIONS

When you use REALM / AMA Services or send emails, text messages and other communications from your computer or mobile devise to us, you are communicating with us electronically. To communicate with you REALM / AMA Services will contact you electronically in a variety of ways including email, text or by posting messages or communications on the website through our message centre and or social media. You consent to receive communications from us electronically and agree that communications that we provide to your satisfy any legal requirement that such communications be in writing.

3. COPYRIGHT AND OTHER RIGHTS

All content included in or made available through any REALM / AMA Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of REALM / AMA or its content suppliers and is protected by Australian and international copyright and authors rights laws and (where applicable) database right laws.

Other than to the extent necessary to use any REALM / AMA Service for its permitted purpose and in accordance with these Conditions of Use and the applicable Service Terms, you may not copy, extract and/or re-utilise any content of any REALM / AMA Service without our express written consent, including, without limitation, any product listings, descriptions, prices and account information.

4. TRADEMARKS 5. RIGHTS OF ACCESS AND USE

Your viewing and use of the Website and the Online Sales system is governed by you agreeing to this agreement. By applying to become a Registered Bidder, logging onto and using the Website and the Online Sales System, making or purporting to make a Bid at any Auction / Sale or submitting or purporting to submit a Tender at any Tender Sale, You irrevocably submit that You:

(A) have read, understood and will comply with this Agreement; agree to be bound to this Agreement;
(B) have examined to the best of Your ability and knowledge all information relevant to the risks, contingencies and other circumstances affecting the Website and Online Sales System; and
(C) have had an opportunity to clarify any questions or issues in relation to the Website or the Online Sales System.
(D) Acknowledge REALM / AMA as the auctioneer, is acting as an agent for the Vendor. If any dispute arises in relation to the supply of an Item(s) (whether before or after REALM /AMA has paid the Vendor the proceeds of any sale) the dispute will be between the prospective Purchaser and the Vendor and I acknowledge and agree REALM / AMA will be excluded from any subsequent action or court proceedings. If REALM / AMA is subsequently included in any such action or proceedings, I agree to indemnify REALM / AMA and or any associated entities for any liability or costs incurred by REALM / AMA in relation to such action or proceedings, except to the extent caused or contributed to by the negligence of REALM / AMA or any associated entity.

6. REGISTRATION OF BIDDERS

When you use the Service and bid on an item during an online auction conducted on our Site or another auction site as part of the REALM / AMA Services, you are making an offer to buy the item at your bid price. If your bid price is the Winner's Bid Amount, you will be the Winning Bidder and are obliged to purchase the item you have bid for and pay the Winner's Bid Amount, plus any additional charges that you may be obliged to pay.

REMEMBER: When you make a bid you are entering into a legally binding contract. Please do not bid on an item if you are unable to pay for it and have it collected within the specific date/time specified for that particular auction or agreed to by the seller or there agent.

Bidders must be registered to participate in Sales. A person may not participate in a Sale as a Bidder at an Auction or by submitting a Tender unless the person is a Registered Bidder.

You may apply to REALM / AMA to become a Registered Bidder to participate in Sales by completing the online application form (Application). By applying to REALM / AMA, you represent and warrant to REALM / AMA that all information provided by you to REALM / AMA is complete and accurate. REALM / AMA may accept or reject an application in its absolute discretion by notice to You. If REALM / AMA accepts the application, you become a Registered Bidder for the purposes of this Agreement.

REALM / AMA will require You as a Registered Bidder to provide your credit card details before providing you access to the Online Sales System. You are required to maintain current credit card details while you are a Registered Bidder.

You acknowledge that REALM / AMA may in its sole and unfettered discretion carry out a Document Verification Service check on personal identifiers supplied by You at any time during or after the registration process through any of REALM / AMA's third party service providers (DVS Check). In accepting these terms and conditions, you give consent and authority for REALM / AMA to carry out a DVS Check on your personal identifiers for the purposes of verifying your identity or information supplied by you in the Application.

In the event a DVS Check results in a failure of matching results between the information supplied by You and the results of the DVS Check, REALM / AMA may in its sole and unfettered discretion exercise its immediate termination rights as set out in clause 7.

If the Registered Bidder fails to comply with any of the terms and conditions, REALM / AMA reserves the right to be reimbursed for all costs, fees and charges pertaining to an Online Sale reasonably incurred by REALM / AMA. REALM / AMA may, apply these costs, fees and charges against the credit card details provided in clause 6.2.4. In the event a credit card is not available, REALM / AMA is entitled to be paid any costs, fees and charges pertaining to the Online Sale reasonably incurred by REALM / AMA on demand.

Registered Bidders have access to the Website and the Online Sales System for the purpose of participating in a Sale only and provided they comply with this Agreement at all times.

Use of login and password If REALM / AMA provides you (or an individual who you nominate) with a login and password to use the Online Sales System.

In this you acknowledge

  • That the login and password are for the personal use of the named entity;
  • Agree to maintain the confidentiality of the login and password both separately and as a pair;
  • Agree not to disclose the login or password to any other person;
  • Agree, where a login and password are provided to an individual at Your request, to ensure that the individual complies with this agreement;
  • Accept full responsibility and indemnify REALM / AMA for any expenses, loss, damage, costs, demands or liabilities incurred by REALM / AMA directly or indirectly, out of or in connection Terms and Conditions - User Agreement Draft.docx with, the use, including (without limitation) any improper or unauthorised use of the login and password except to the extent caused by the negligence of REALM / AMA;
  • All listings must have current photos and information
  • Agree to only access the Website and Online Sales System for legitimate and lawful purposes and in accordance with any instructions or directions given to You on the Website or Online Sales System from time to time; and
  • Agree and acknowledge that REALM / AMA may, in its absolute discretion, withdraw or restrict your access to the Website or Online Sales System at any time and without reason, explanation or prior notice.
7. BIDDER OBLIGATIONS

It is your responsibility to read the Product Information and Sale Overview about any item we post for auction on the Site.

You must not rely solely on the title summary or any photographs of the item posted on the Site for a complete description of an item. The photograph and description of the item are intended to serve as a guide only and must not be used to form a final opinion of the item's suitability. REALM / AMA makes all efforts to accurately describe all items on the site but is not responsible for any discrepancies or omissions which may exist in the description. It is ultimately your responsibility as a bidder to form your own view on the accuracy of an item's description prior to bidding.

Inspections are available by appointment on the Wednesday and Thursday before the Auction between 10am and 2pm and Wednesday and Thursday of the Auction week between 10am - 2pm.

Or on any days / times nominated or agreed to by the sellers.

Please make sure you understand the delivery and payment terms, including any addendum to those terms and conditions as outlined in the item's description or in the Sale Overview. Note that a Buyer's Premium, and other charges such as a delivery fee, will apply to most online auctions.

8. PAYMENT

Successful bidders will be invoiced by email on the day following the auction conclusion. Please ensure full and accurate trading details are supplied.

Unless otherwise agreed in writing between REALM / AMA, Vendor and Purchaser, the purchase price will be payable upon invoice. Title of the purchased lot shall not pass to the buyer until REALM / AMA receives cleared funds on the full payment and REALM / AMA has authorised release of the lot.

If applicable, Purchasers agree to authorise REALM / AMA to debit the purchaser's debit card for payment of the lot with the applicable surcharge fee of (1.75% Currently) of the service provider administration fee, or any other rate as applicable at the current date.

9. COLLECTION OF GOODS

Upon the authorised release of the goods from REALM / AMA, the purchaser must coordinate the pickup of the goods with the Vendor. REALM / AMA may assist in directing the Purchaser to the relevant freight company enquiry line should that be required, whereas the successful freight company will liaise directly with the purchaser to coordinate shipment.

10. WARRANTY & INDEMNITY

The Vendor warrants the Agent that:

  • The Vendor has authority to enter into this agreement,
  • The Vendor is the lawful owner of the Goods,
  • The Goods are either free of all encumbrances or the Vendor will advise the Agent in writing before the date of the online auction of the interest, if any, of third parties in the Goods and obtain the consent of those said parties to the Auction and disposing of the Goods,
  • The Goods have been assessed by the Vendor and are deemed safe and without risks to health and safety of any persons,
  • The Vendor will advise the Agent in writing before the date of public auction of any reserve the Vendor has on the Goods,
  • The Agents are not authorised and do not undertake to perform any other services in connection with the sale, and
  • No third party can bid on behalf of the Vendor during auction, directly or indirectly and that dummy bidding is illegal.

The Vendor acknowledges that the Agent has no control over any of the Goods offered for sale and the Agent accepts no responsibility for the harm, loss or damage whatsoever arising from the Goods, transportation, or use. The Vendor authorises the Agent to conduct the sale of the Goods pursuant to the Terms and Conditions of Sales attached within this document as acknowledged by the acceptance of Vendor Agreement signature hereto.

The Vendor agrees to advise the Agent in writing of any risks that the Vendor ought to reasonably be aware of and authorises and directs the Agent to provide any persons inspecting the Goods or attending the sale with both written and verbal warnings as to those additional risks. The Agent shall take all reasonable care and skill when handling the Goods as directed by the Vendor and shall not be liable for any damage or loss suffered due to such handling.

The Vendor release and indemnify the Agent against all actions, proceedings, claims, demands, costs and expenses (including but not limited to the cost of defending or settling any action, claim or demand) which may be taken or made against the Agent in the course of or arising out of the performance or exercise of any directions, duties or authorities of the Agent under this agreement.

The Vendor shall pay on completion of the sale that commission which the Agent is entitled to, in addition to all reimbursement of expenses which amounts are expressly inclusive of Goods and Services Tax (“GST”), at the rate of 10% (at the current rate). In the event of the current rate being increased or decreased by legislation, the parties agree that the GST payable under this agreement will be varied accordingly.

The Vendor directs the Agent not to effect insurance of the Goods. The Agent is required to account for the proceeds of the sale of the Goods to the Vendor within ten (10) days after completion of clearing sale subject to payment for the Goods sold having been made and cleared by the purchasers.

Unless specifically stated on a lot in its description, the lots are sold 'As Is, Where Is' without a warranty.

If, within 24 hours from the receipt of goods, the purchaser of a lot demonstrates to REALM / AMA satisfaction that the purchased good is a gross misrepresentation in the description of the lot, REALM / AMA may, in its sole discretion, rescind the sale, and refund the full purchase price to the buyer on the receipt of the Vendor remitted payment for the rescinded sale. In addition, the Vendor will be liable to reimburse the Purchaser for any out of pocket costs where such is due to the misrepresentation of the goods within 48 hours of receiving notification from REALM / AMA unless otherwise agreed.

If the Purchaser satisfies REALM / AMA in the rescinded sale, in accordance with these User Agreement Terms and Conditions, the Vendor is responsible for all costs associated to return the misrepresented good to the Vendor from the original specified end destination.

Neither the Purchaser or Vendor will have any claim against the other in respect to rescinded sale and each party shall indemnify any claim on REALM / AMA or associated entities for the sale of the goods.

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