GASA's Role

1. Lots to be sold by GASA are either owned by GASA or by South Australian Government and non-government organisations who have appointed GASA as their agent to offer their relevant Lots for sale at auction.
   
   
2. In conducting auctions GASA is the Auctioneer and either:
   
   
   • the Vendor; or
   • the agent of the Vendor.

To the extent that GASA is the agent of the Vendor for a particular Lot, GASA represents and warrants that it is duly authorised to sell that Lot for and on behalf of the Vendor, in its name or in the name of the Vendor.

Public Liability

3. Persons attending the Auction Site, before, during or after the auction (including, without limitation, for the purposes of inspection, bidding, collection or removal of Lots) do so solely at their own risk. GASA will not, in any way be liable for any injury sustained to any persons or for the damage to or loss of property howsoever caused and to the fullest extent permitted by law GASA is released from any such liability.
   
   
4. 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.

Inspection

5. All Lots are available for inspection prior to their auction and the Purchaser will be deemed to have inspected the Lots prior to the auction.
   
   
6. Purchasers have sole responsibility for satisfying themselves prior to the auction on all matters pertaining to the Lot to be bid upon including without limitation manufacturer warranties, description, completeness, condition, suitability, safety and compliance with law.

No warranties

7. Information contained in Promotional Material is provided solely as guidance for prospective Purchasers and is not intended, and is not to be relied upon, as undertakings, guarantees, representations, or warranties of GASA or the Vendor in respect of any matter.
   
   
8. No error, misdescription or omission in the Promotional Material, or elsewhere, as to manufacturer warranties, description, completeness, condition, suitability, safety, compliance with law or otherwise, will invalidate or void a sale and the Purchaser shall be bound to take delivery of a purchased Lot without refund, allowance or abatement in the Purchase Price.
   
   
9. All Lots are sold on an ‘as is' basis, as at the time of the auction of the Lot by the Auctioneer, with all misdescriptions, omissions, defects, faults, errors and limitations latent, patent or otherwise (if any) at that time.
   
   
10. The sale of a Lot will not be rendered invalid or void by reason of any misdescription, omission, defect, fault, error or limitation in a Lot and the Purchaser remains bound to take delivery without refund, allowance or abatement in the purchase price.
    
    
11. GASA and the Vendor are not liable to pay compensation to a Purchaser, in respect of a Lot, for any:
    
    
    • fault, defect or limitation;
    • error, misdescription or omission, including in any Promotional Material or in any repair and maintenance report or manual;
    • manufacturer's warranty or lack of; or
    • part, accessory, fit-out, fitting, manual, log book or handbook or lack of; and
      
      
    GASA and the Vendor are, to the fullest extent permitted by law, released from any such liability.
    
    
    
12. No Lot is sold with vehicle registration.
    
    
13. To the extent permitted by law, and whether express or implied, GASA and the Vendor make no representation and give no warranty or guarantee in relation to any Lot offered for sale at auction including, but not limited to, any condition or warranty as to title, description, suitability, condition, manufacturer warranties, merchantable quality or fitness for purpose, and notwithstanding any information contained in Promotional Material or otherwise.
    
    
14. To the extent permitted by law, GASA and the Vendor specifically exclude any undertaking, guarantee, representation or warranty in relation to the Lots implied by law, including without limitation those imposed under fair trading or consumer protection legislation or under the common law.
    
    
15. Where an undertaking, guarantee, representation or warranty is intended, the same shall be enforceable only if expressly stated in these terms and conditions or otherwise given and reduced to writing and signed by GASA or the Vendor.

Registration

16. A person may not bid for a Lot unless that person is 18 years or above.
    
    
17. A person may not bid for a Lot at an auction unless that person has, prior to the auction:
    
    
    • completed any documentation required by GASA and complied with any request from GASA for evidence of identity and age; and
    • received a bidding number from GASA, which must be used, and displayed to the Auctioneer, during the auction for the purposes of bidding for Lots.
      
      
18. A Purchaser will be deemed to purchase as a principal unless prior to the auction the Purchaser has:
    
    
    • disclosed to GASA that the Purchaser will be bidding at the auction as an agent on behalf of another person;
    • supplied to GASA the full name and address of that principal; and
    • provided to GASA written evidence of authority to bid at the auction as agent on behalf of that principal.

Auction

19. All Bidders must give their full name, residential address and age upon being called upon to do so by the Auctioneer during an auction and must produce evidence of identity or age if requested by the Auctioneer. 
    
    
20. All Bidders must during the auction use, and display to the Auctioneer for the purposes of bidding for a Lot, their allocated bidding number as provided to the Bidder by GASA on registering for the auction.
    
    
21. Each bid constitutes an offer by the Bidder to:
    
    
    • purchase the Lot at the bid price stated by the Bidder (which is inclusive of GST, if any);
    • pay all Associated Costs;
    • purchase the Lot on an ‘as is' basis; and
    • purchase the Lot on the basis of these terms and conditions.
      
      
22. Each bid for a Lot constitutes a representation and warranty by the Bidder that the Bidder:
    
    
    • is at least 18 years of age and otherwise legally capable of entering into a contract;
    • has inspected the Lot being bid for by the Bidder and is satisfied as to its condition, description, completeness, condition, suitability and safety; and
    • has not been induced to make a bid for that Lot by any undertaking, representation, guarantee or warranty in respect of that Lot by GASA or the Vendor including any that might be taken to arise in the Promotional Material.
      
      
23. Unless otherwise advised by the Auctioneer:
    
    
    • all Lots are offered for sale subject to a reserve price set by GASA; and
    • bidding with respect to the Lots must rise, as a minimum in increments of $200.00 after the initial Bid
      
      
24. GASA reserves the following rights in relation to each and every Lot offered for auction which rights may be exercised without giving any reasons:
    
    
    • withdraw any Lot from sale;
    • decline an offer for any Lot;
    • refuse to accept a bid for any Lot;
    • refuse any person entry to the Auction Site;
    • eject any person from the Auction Site;
    • reveal the existence of the reserve price at any time; and
    • not disclose the existence of the reserve price at any time.
      
      
25. Subject to clause 24, a bid once made cannot be withdrawn by the Bidder.
    
    
26. Subject to any reserve price, the Auctioneer may knock down a Lot to a Bidder who, at GASA's absolute discretion, GASA determines is the highest Bidder for that Lot.
    
    
27. GASA's determination as to who is the highest Bidder is final and binding.
    
    
28. On the knock down of a Lot to a Bidder, the Bidder is the Purchaser, and a final contract is made between GASA and the Purchaser and the Vendor and the Purchaser for the sale and purchase of that Lot on these terms and conditions.
    
    
29. Where a Lot is subject to a reserve price and the highest accepted bid is lower than the reserve price, the Auctioneer may (but is not obliged to do so) seek instructions from the Vendor (directly or through GASA as appropriate). If instructed, GASA may enter into negotiations with the highest Bidder. In the event that a mutually agreeable purchase price is reached, the highest Bidder will be deemed to be the Purchaser under these terms and conditions.
    
    
30. Any dispute with respect to a bid must be raised immediately, and at the latest before the next Lot is offered for bids. If a dispute arises as to a bid GASA's determination will be final and binding.

Title and Risk

31. Ownership of a Lot sold at auction only passes from the Vendor to the Purchaser once the Purchaser has made full payment of the Purchase Price.
    
    
32. The risk, in all respects, in relation to a Lot passes from the Vendor to the Purchaser at the fall of the Auctioneer's hammer (whether or not payment has been made), and thereafter neither GASA or the Vendor will be liable or responsible for any deficiency, damage or loss of any kind, which may occur to that Lot.
    
    
33. It is the Purchasers responsibility to arrange for their own insurance cover for purchased Lots effective from the fall of the hammer to protect their interests.
    
    
34. The Purchaser of a Lot agrees and acknowledges that it is the Purchaser's responsibility, at the cost and expense of the Purchaser, to do all things, and comply with all applicable laws, with respect to transferring ownership of the Lot into the Purchaser's name, including effecting all registrations.

Payment

35. On the fall of the Auctioneer's hammer in respect of a Lot, the Purchaser of that Lot must pay to GASA a deposit of $200.00 (GST inc).
    
    
36. The deposit must be paid by cash, certified bank cheque, credit union corporate cheque or electronic funds transfer.
    
    
37. The Purchaser of a Lot must pay to GASA a Buyer's Premium in respect of that Lot, which is in addition the Lot's Sale Price. The amount of the Buyer's Premium is specified in Schedule 1 at the end of these terms and conditions. Where this amount is more than permitted by applicable law, the amount of the Buyer's Premium is the maximum allowed by applicable law.
    
    
38. The balance of the Purchase Price for a Lot, including the Buyer's Premium, must be paid to GASA no later than 3:30pm on the Business Day immediately following the day of the auction of that Lot, and may be paid by certified bank cheque, credit union corporate cheque or electronic funds transfer.
    
    
39. All bank cheques and credit union corporate cheques are to be made payable to Government Auctions SA.
    
    
40. Electronic funds transfers include real time gross settlements, EFTPOS or direct credit.
    
    
41. Electronic funds transfers are to be paid to:
    
    
    

    Agency: SAFA - Fleet SA (Government Auctions SA)

    Bank: Westpac Banking Corporation

    Account name: South Australian Government Financing Authority (SAFA) - Fleet SA

    BSB Number: 035-502

    Account Number: 200387

    Payment description: GASA – (Purchaser's bidder number AND Auction Number).

    
    
42. In the case of payment of the balance of the Purchase Price for a Lot by electronic funds transfer, payment must appear on GASA's bank statement by 3.30 pm on the Business Day immediately following the day of the auction of that Lot. Any payment not appearing at this time is deemed to be late.
    
    
43. Upon receiving payment of the balance of the Purchase Price for a Lot, GASA will issue a final receipt to the Purchaser evidencing full payment has been made of the Purchase Price for that Lot.
    
    
44. No refunds or adjustments will be given.

Default

45. If a Purchaser fails to make payment in time in respect of a Lot, the deposit and any other monies paid to GASA in respect of that Lot will be forfeited to GASA without the need for GASA to give notice to the Purchaser and the Lot in respect of which the default has been made may be resold by public or private sale or otherwise at the discretion of GASA and without the need for GASA to give notice to the Purchaser.
    
    
46. The defaulting Purchaser must indemnify GASA on demand for its losses, costs and expenses arising from the default including, without limitation:
    
    
    • the cost of any removal, warehousing, advertising, commission, Buyer's Premium, auction or resale; or
    • the difference in price, where the price obtained by GASA for the relevant Lot on resale is lower than the Sale Price for that Lot.
      
      
47. These costs may, at GASA's sole discretion, be deducted from any amount already paid by the Purchaser to GASA and may be offset against any amount owed to the Purchaser by GASA or the Vendor.
    
    
48. The Purchaser must pay, or reimburse GASA for, all losses, liabilities, costs and expenses incurred or suffered by GASA or the Vendor as a result of the Purchaser's default, including (without limitation) for non-payment for and/or failure to remove a Lot, together with interest on those amounts at the Default Rate from the date on which the Purchaser defaulted or otherwise became liable to pay those amounts to GASA.

Removal of Lots

49. No Lot will be removed from the Auction Site until after all other Lots listed with that Lot for auction have been auctioned.
    
    
50. GASA will only release Lots for removal by a Purchaser upon presentation by the Purchaser of the Final Receipt for the relevant Lot.
    
    
51. If a person other than the Purchaser is to remove a Lot from the Auction Site, the Purchaser must advise GASA directly and in writing of the person authorised to remove the Lot. At the time of removal, the person removing the Lot must present a copy of the authorisation, the Final Receipt and any identification or other documentation required by GASA.
    
    
52. In the case where a Lot is a vehicle, GASA will, where necessary, provide a jump start, fit number plates and remove any material affixed to the vehicle by GASA. However, GASA accepts no liability which may arise from any injury, loss or damage resulting from any of these actions, including where GASA has been negligent and, to the fullest extend permitted by law, GASA is released from any such liability.
    
    
53. After an auction has been completed Lots purchased by a Purchaser at that auction must be collected and removed from the Auction Site by the Purchaser no later than 4.00 pm on the second Business Day after the auction of those Lots (provided full payment has been made in respect of the Lots). The Purchaser will be responsible for any removal, storage or other charges for any Lot after this day.
    
    
54. If a Lot is not removed in accordance with clause 53, GASA may, in its absolute discretion, at any time after a period of one (1) week, and without the need for GASA to give notice to the Purchaser and without prejudice to any other rights or remedies it may have, exercise one or more of the following remedies:
    
    
    • remove, store and further insure the Lot at the expense of the Purchaser; or
    • rescind the sale of the Lot to the Purchaser.

GST

55. The Sale Price is inclusive of GST (if any) and will not be increased any further for any GST payable by the Vendor in respect of the sale of a Lot.
    
    
56. Except as otherwise expressly provided in these terms and conditions all supplies are exclusive of GST and the Purchaser must pay to GASA all GST payable in respect of all taxable supplies by GASA to the Purchaser.
    
    
57. GASA or the Vendor will provide a tax invoice to the Purchaser specifying the GST payable by the Purchaser.
    
    
58. If a payment is a reimbursement or indemnification, calculated by reference to a loss, cost or expense incurred by a person, then the payment will be reduced by the amount of any input tax credit to which that person is entitled on the acquisition of the taxable supply to which that loss, cost or expense relates.

Additional conditions for online bidders

59. GASA provides the Bidding Site for persons who are unable to attend an auction, but wish to participate in the auction.
    
    
60. Bidders using the Bidding Site are subject to:
    
    
    • these additional conditions for online bidders; and
    • the Additional Terms.
      
      
61. Users of the Bidding Site must be 18 years of age or older and be able to enter into a legal and binding contract.
    
    
62. Persons wishing to bid using the Bidding Site must register on the Bidding Site at least one Business Day prior to the auction at which they wish to bid, and Bidders:
    
    
    • must not use false or misleading information when registering;
    • must ensure that their registration details remain current, complete and correct; and
    • are responsible for the security of their user name and password and the consequences of unauthorised access and use.
      
      
63. Bidders using the Bidding Site must not:
    
    
    • take any action that may interfere with, or disrupt, the operation of the Bidding Site or network connections to the Bidding Site, including using any device, software or other instruction;
    • engage in bid manipulation;
    • take any action which imposes an unreasonable or disproportionately large burden on the Bidding Site;
    • disclose or share the Bidders password to or with any third party or use the password for any unauthorised use;
    • forge communications or take any other action which would disguise the origin of the communications by the Bidder to the Bidding Site;
    • allow third parties to transmit communications that falsely identifies the Bidders' account as the origin of such communication;
    • use the Bidding Site for illegal purposes or in a manner that is defamatory, threatening, harassing, offensive, obscene or contrary to industry codes of practice; or
    • provide false or misleading information.
      
      
64. Bidders using the Bidding Site acknowledge that bids for Lots must be made in accordance with the systems, procedures and processes of the Bid Site including, without limitation, that:
    
    
    • a bid made on the Bidding Site is an offer to buy at the bid price made;
    • once made a bid cannot be altered or withdrawn;
    • Bidders are responsible for monitoring and providing instructions in auctions that they are participating in on the Bidding Site; and
    • a winning bid for a Lot on the Bidding Site obliges the Bidder to purchase that Lot, which must be settled, paid for and removed in accordance with these terms and conditions.
      
      
65. GASA reserves the right to suspend or terminate a Bidders account, access to and use of the Bidding Site:
    
    
    • if the Bidder breaches these terms and conditions;
    • if the Bidder's conduct in using the Bidding Site is deemed by GASA to be inconsistent with its standards of practice; or
    • for any other reason that GASA in its sole discretion determines.
      
      
66. Where the Bidding Site states a time for an auction that time is South Australian time.
    
    
67. GASA is not responsible for bids that were not processed due to technical problems and or delays and will not be liable for any loss, liability or damage incurred by a user of the Bidding Site as a result of a bid not being processed due technical problems and or delays.
    
    
68. GASA provides the Bidding Site:
    
    
    • without any express or implied warranty or condition concerning is capacity, capabilities and suitability for users; and
    • without any guarantee as to availability or its continuous, uninterrupted or secure access and use.
      
      
69. Users of the Bidding Site, to the fullest extent permitted by law, waive, release and discharge any and all claims that they have or may have against GASA that are connected with, arise out of or related to the use of the Bidding Site.
    
    
70. Users of the Bidding Site agree to indemnify and hold GASA harmless from and against any and all claims, losses, liabilities, damages, costs and expenses suffered or incurred by, or brought against, GASA as a result of the users:
    
    
    • breach of these terms and conditions as applying to the use of the Bidding Site;
    • malicious, dishonest or fraudulent use of the Bidding Site; or
    • negligent act or omission in the use of the Bidding Site.
      
      
71. GASA shall not be liable for any special, incidental or consequential damages or for loss, damage, or expense directly or indirectly arising from Purchaser's use of or inability to use the Bidding Site.
    
    
72. GASA cannot guarantee prevention of:
    
    
    • any inappropriate use of the Bidding Site;
    • users registering on the Bidding Site with false information; or
    • the preservation of any material, information and records posted on the Bidding Site.
      
      
73. Bidders using the Bidding Site shall not be required to pay a deposit in accordance with clause 35 of these terms and conditions, but Lots purchased must otherwise be paid for and removed from GASA's premises in accordance with these terms and conditions.

General

74. These terms and conditions, together with the Additional Terms, constitute the entire agreement between GASA, the Vendor and the Purchaser. In resolving any inconsistencies between these terms and conditions and the Additional Terms, these terms and conditions shall prevail.
    
    
75. The laws in force in South Australia, including laws with respect to capacity to contract and the manner of performance, apply to these terms and conditions.
    
    
76. The courts of South Australia will have non-exclusive jurisdiction to determine any proceeding in relation to these terms and conditions. Any proceeding brought in a Federal Court must be instituted in the Adelaide Registry of that Federal Court.
    
    
77. Each word, phrase, sentence, paragraph and clause of these terms and conditions is severable. If a court determines that a part of these terms and conditions is unenforceable, invalid, illegal, void or voidable that court may sever that part. Severance of a part of these terms and conditions will not affect any other part of these terms and conditions.
    
    
78. Where a word, phrase, sentence, paragraph, clause of these terms and conditions would otherwise be unenforceable, illegal, void or voidable the effect of that provision shall so far as possible, be limited and read down so that it is not unenforceable, illegal, void or voidable.
    
    
79. Time is of the essence in respect of any time, date, or period specified either in these terms and conditions.

Definitions

In these terms and conditions, unless a contrary intention is clear:

Additional Terms	means any additional terms and conditions for online bidding displayed at the entry points on GASA's website to the Bidding Site;
Associated Costs	means the Buyer's Premium and any other costs associated with the auction of the relevant Lot including without limitation bank and merchant fees and EFTPOS fees;
Auctioneer	means GASA and includes any person engaged by GASA to conduct the auction;
Auction Number	means the number of the auction at which the Lot was purchased;
Auction Site	means the premises located at 47 Transport Avenue, Netley, SA 5037 and such other premises that GASA conducts the auction of Lots, including, without limitation, for the purposes of inspection, collection or removal;
Bidder	means any person who bids for a Lot.
Bidding Site	means GASA's Interbid Live on line bidding service, which can be accessed at GASA's web site;
Business Day	means any day that is not Saturday or Sunday or a public holiday in Adelaide under the Holidays Act 1910 (SA) ;
Buyer's Premium	means the relevant Buyer's Premium payable with respect to a Lot under clause 37 and Schedule 1;
Default Rate	means a daily interest rate being the aggregate of 2% per annum and the rate percent per annum determined by GASA to be that which expressed as a percentage per annum the cost to GASA of funding, on a daily basis for the period of the default, any amount due and unpaid ;
Final Receipt	means a final receipt under clause 43;
GASA	means the South Australian Government Financing Authority (operating under the name Government Auctions SA) and includes its agents, officers and employees;
GST	means the goods and service tax payable under the New Tax System (Goods and Services Tax) Act 1999 ;
knock down or knocked down	means the sale to a Bidder by the Auctioneer's assignment and fall of hammer;
Lot	means an item offered for sale at auction by GASA;
Promotional Material	means all advertising, brochure, catalogue, listing and other promotional material issued, released or distributed by, or on behalf of GASA, in respect of an auction, whether in print, electronically or by any other means, and without limitation includes the: (a) Vehicle Assessment Report; and (b) information, listing, promotional material and photographs placed on the Bidding Site;
Purchase Price	means the aggregate of the Sale Price, the Associated Costs and any GST payable on the Sale Price and/or the Associated Costs;
Purchaser	means any person who successfully bids for a Lot, and includes, where the person makes that bid as agent, the person's principal;
Sale Price	means the price (including GST, if any) at which a Lot is knocked down by the Auctioneer to the Purchaser;
Vehicle Assessment Report	means a vehicle general assessment and road test report in relation to a Lot; and
Vendor	means GASA or other South Australian Government entity for whom GASA has been given authority to sell the relevant Lot.

Schedule 1

Buyer's Premium

Purchase price	Buyer's Premium
$10,000 and above	$300.00 (GST inc)
$5,000 - $9,999	$150.00 (GST inc)
Below $5,000	$100.00 (GST inc)