Register for Graham Messer Auctions

Registration Details

Terms & Conditions

1. The highest bidder shall be the purchaser, subject to a reserve price, if any.
2. The Auctioneer may, without giving any reason, refuse to accept the bid of any person or persons, and may decline the offer for any lot, or withdraw any lot or lots from sale. GMIAV Reserves the Right to Cancel or Postpone Any Auction or Withdraw Any Lot or Lots From The Sale Without Notice.
3. Should any dispute arise as to any bid, the relevant lot or lots may, at the option of the Auctioneer, be put up again and resold.
4. In relation to Online Auctions, should any errors or delays arise as a result of technological difficulties, including technological difficulties with GMIAV servers, data hosting centre, internet service provider, online service provider, and software, GMIAV may :
  • Prior to or after the original time set for conclusion of the Online Auction extend an Online Auction for a period of time.
  • Prior to or after the original time set for conclusion of the Online Auction, re-open an Online Auction for a period of time.
  • Prior to or after the conclusion of an Online Auction, retract any Winning Bidder’s emails which may have been sent out to bidders.
  • Prior to or during an Online Auction, amend the start price allocated to an item for sale online.
  • Cancel an Online Auction and conduct the auction again.
GMIAV may close an Online Auction prior to the scheduled closing time if:
  • GMIAV suspects that there is fraudulent bidding.
  • There may be processing or systems errors.
  • There may be site failure or technological errors.
  • Proof of ownership of the asset subject to auction is in question.
GMIAV accepts no responsibility for any missed or unsuccessful bids throughout the auction.
5. Each purchaser shall immediately after any lot is knocked down, immediately pay 10% of the purchase price into the nominated Trust Account.
6. The balance of the purchase price shall be paid into the nominated bank account no later than 3pm the first business day following the auction.
7. The purchaser agrees that –
(i) All warranties and conditions on the part of the Vendor implied by statute or otherwise relating to the goods the subject of each lot are excluded to the maximum extent permitted by law;
(ii) The Vendor gives no warranty whatsoever as to the condition or quality of the goods or as to their suitability or fitness for their ordinary or any special use or purpose, and the description of the goods in any publication, advertisement or other document or any other oral representation or description by the Vendor or Auctioneer shall not import any such condition or warranty on the part of the Vendor;
(iii) It is the responsibility of the purchaser to satisfy himself as to the condition, quality, suitability and fitness of the goods for his purposes;
(iv) The purchaser accepts the goods as they are with all faults and defects (if any). The Vendor shall not be liable for any miss-description of the goods and the Purchaser shall take them irrespective of any such miss-description without any claim for compensation; and
(v) The purchaser acknowledges that the foregoing is fair and reasonable having regard to the fact that the goods are in a used condition and that he has been provided with a reasonable opportunity to inspect the goods.
8. The goods are at the purchaser’s risk immediately on the fall of the Auctioneer’s hammer. Without limiting the generality of the foregoing, neither the Vendor nor the Auctioneer shall be liable for any damage to or deterioration of any goods the subject of the relevant lot, whether or not caused by their negligence or the negligence of their servants and Agents, for the period between the fall of the hammer and the taking of delivery by the purchaser.
9. Provided the full purchase price has been paid, all lots must be removed by the Purchaser at the Purchaser’s expense within 7 days of the close of the auction.
10. Delivery of lots is not to be taken without a representative of the Vendor or their Agent being present at the time and the Purchaser will minimise any damage caused with such removal as far as practicable. The Purchaser shall ensure that delivery is taken of all lots available at the time of delivery.
11. Should any deficiency arise between the quantity of goods described at the time of sale and that available at the time of delivery, the purchaser shall take, and the Auctioneers shall be required to effect, delivery of only the quantity actually so available. No compensation whatsoever shall be paid in respect of any such deficiency, but the purchaser may claim a pro rata adjustment of purchase price. No adjustment will be made unless the purchaser makes his claim at or before the time of delivery.
12. If the purchaser fails to comply with any of these conditions, all moneys received pursuant to condition 4 hereof shall be absolutely forfeited to the Vendor. Furthermore, in that event the Vendor shall be entitled to resell the goods, either by public auction or by private contract and the deficiency (if any) between the price on resale, together with any associated costs and charges, and the unpaid balance of the initial sale shall be a liquidated debt due and immediately payable by the defaulting purchaser.
13. Time for payment and taking delivery by the purchaser shall be of the essence of the sale of any lot.
14. A right to bid by or on behalf of the Vendor in respect to each lot is expressly reserved. 
15. The sale is GST exclusive. 
16. All electrical appliances and/or equipment are in a used condition and no warranty is given that their present condition complies with the safety requirement of any Government or Semi-Government authority. The purchase shall be responsible for having such appliances and/or equipment examined and repaired by a registered electrical contractor as may be required by law.
17. Vehicles offered without Certificates of Roadworthiness, are sold for the purpose of WRECKING, RENOVATION, REPAIRS OR ALTERATION under Section 44K (1)(b) of the INSPECTION OF MACHINERY ACT 1971 – 1973 and MACHINERY INSPECTION AND SAFETY REGULATIONS 1972 RELATING TO THE INSPECTION OF MOTOR VEHICLES.
18. All persons entering these premises do so at their own risk. The Vendor and the Auctioneer shall not be under any liability whatsoever for any injury, death, or damage howsoever caused (including injury, death or damage caused or contributed to by the negligence of the Vendor or Auctioneer, or their servants and Agents) suffered by any person entering on to these premises.  The Purchaser shall effect insurance which:
(i) At all times covers liability to the public for an unlimited amount in respect of personal injury, death, or damage or death arising out of the taking of delivery, removal, or dismantling of any lots, by or on behalf of the purchaser;
(ii) If necessary provides cover for the full amount required by law against any liability whatsoever whether arising by virtue of any statute relating to workers compensation or employers liability or at common law to any person employed by the purchaser in connection with the taking of delivery, removal, or dismantling of any lot.
19. In relation to sale and the removal of any structures, the purchaser shall pay to the Auctioneer, a deposit (bond) as announced by the Auctioneer immediately prior to the relevant building or structure being offered for sale, such deposit being over and above the amount of the purchase money, and to be refunded to the purchaser upon the site being left clean and cleared to the satisfaction of the Vendor or its representatives.
20.  The demolition and removal of all buildings and structures may only be carried out with the express written approval of the Vendor or the Vendor’s Agent.
21. In relation to the removal of any goods or the demolition and removal of any buildings and structures, it shall be the responsibility of the purchaser to comply with all statutory requirements, including legislation relating to the Mineral Resources Act 1989 and Regulations, Workplace Health and Safety Act 1989, Workers’ Compensation and Building Regulations.  The purchaser shall obtain all necessary permits for demolition and removal of all buildings and structures.
22. A Buyer’s Premium will be charged on all items.
23. PPSR Certificates – in accordance with Queensland Government legislation compulsory PPSR certificates will be issued on the day of sale.  A PPSR certificate fee of $20.00 will be debited to the successful purchaser.