Terms & Conditions

Auction Terms and Conditions

Effective 8 May 2025

1. Definitions

Auctioneer means Clinton H Motors trading as CHM Car Auctions.
Auction Sale means a sale of Lots conducted by way of auction facilitated by the Auctioneer.
Auction Site means premises at which an Auction Sale is conducted.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Bidder means a registered bidder.
Buyer means the successful bidder for a Lot.
Damage and Description Disclaimer means the disclaimer in the listing for a Lot.
EPA Authority refers to licensing under the Environment Protection Act 2017 (Vic).
GST means Goods and Services Tax under the GST Act.
GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Lot means any goods available for auction designated with a Lot Number.
Motor Vehicle means a passenger vehicle, motorcycle, or commercial vehicle.
Non-PDH Goods are not of personal, domestic or household nature.
PDH Goods are goods of a personal, domestic or household nature.
Purchase Price means the highest accepted bid plus fees.
Seller means the owner of a Lot.
Vehicle includes salvage/damaged vehicles, machinery, trailers, boats, but not Motor Vehicles.
WH&S Legislation refers to Victorian workplace health and safety regulations.

2. Auction Contract Particulars

(a) The Auctioneer acts as an agent for the Seller.
(b) The sale contract is between the Buyer and the Seller.
(c) These Terms and Conditions and the sale record form the whole agreement.
(d) Disputes are between the Buyer and the Seller. The Buyer indemnifies the Auctioneer.

3. Bidding

(a) Bidders must be 18+ and registered.
(b) Bidders must register on CHM Live or CHM Online.
(c) Registration implies acceptance of these Terms.
(d) Unregistered persons may not bid.
(e) A Bidder is assumed to act for themselves unless agency is declared.
(f) Highest Bidder (not in breach) is the Buyer.
(g) Buyer details recorded by the Auctioneer are binding.

4. Online Bidding: CHM Live and CHM Online

(a) Bidders accept that:

(i) Technical issues may prevent bids.
(ii) Auctioneer is not liable for losses from online system issues.
(iii) Buyer data may not be fully protected.
(iv) The Auctioneer may extend, suspend, reschedule, or cancel auctions due to issues.
(v) Rights in clause (iv) apply even after sale or payment.

5. Reserve Prices and Seller Bids

(a) Auctions may have reserve prices.
(b) Seller may bid on their own items.
(c) Auctioneer may bid on behalf of Seller with or without disclosure.
(d) In Victoria, the Auctioneer must declare this before bidding on behalf of the Seller.

6. Risk Passes at the Fall of the Hammer

(a) All Lots are sold “as is, where is.”
(b) Risk transfers to the Buyer at the fall of the hammer.
(c) The Buyer indemnifies the Auctioneer and Seller against any claims or damage after the sale.

7. Payment

(a) Lots cannot be removed until full payment is received.
(b) Payment or a deposit is due immediately after the hammer falls.
(c) Balance must be paid within one (1) day unless otherwise agreed.
(d) Payments must be made via electronic funds transfer unless otherwise arranged.
– Dishonoured payments breach the Terms.
(e) The Auctioneer may charge 2% per month interest on late payments, or the legal maximum.

8. Lot Removal

(a) A Lot is considered sold at the fall of the hammer.
(b) Buyers must remove Lots within one (1) day unless otherwise stated.
(c) If a Buyer fails to collect:

(i) Storage fees will apply.
(ii) The Lot may be relocated and costs charged to the Buyer.
(iii) If unpaid storage reaches 50% of hammer price, the Auctioneer may resell the Lot.
(d) The Buyer is liable for any damage caused during removal of the Lot.

9. Title of the Lot

(a) The Seller warrants that:

(i) They have clear title.
(ii) They have authority to sell.
(iii) There are no undisclosed encumbrances.
(b) The Auctioneer relies on this warranty.
(c) The Buyer is responsible for checking the PPSR or encumbrance register.
(d) The Auctioneer provides no title guarantee, unless required under Victorian law.
(e) If the Auctioneer learns of a title issue before delivery, it may cancel the sale and refund the Buyer.
(f) Title passes only when full payment is received.
(g) This clause does not override rights under the Australian Consumer Law.

10. Rights Reserved

The Auctioneer may:
(a) Withdraw Lots from sale at any time.
(b) Offer part of a Lot or group multiple Lots together.
(c) Refuse entry to or remove individuals from the Auction Site.
(d) Withhold or not disclose reserve prices.
(e) If a Buyer wins multiple Lots:

(i) Allocate funds across Lots.
(ii) Treat default on one as default on all.
(f) Resubmit a Lot for sale if necessary.
(g) Sell unsold Lots privately under these Terms unless otherwise agreed.

11. Warranties and Consumer Guarantees

(a) Buyers acknowledge that the following consumer guarantees may not apply to goods sold by auction under the Australian Consumer Law (ACL):

(i) Acceptable quality;
(ii) Fitness for a disclosed purpose;
(iii) Matching the description or sample;
(iv) Availability of repairs or spare parts;
(v) Compliance with manufacturer warranties.

(b) However, if the Lot consists of:

(i) PDH Goods; or
(ii) Non-PDH Goods priced at $100,000 or less —
the following guarantees may apply under the ACL:
(iii) Guarantee of clear title;
(iv) Guarantee of undisturbed possession;
(v) Guarantee against undisclosed encumbrances.

(c) Nothing in these Terms excludes or limits any right the Buyer has under the ACL where such exclusion would be unlawful.

12. Limitation of Liability

Where the Buyer suffers loss from purchasing a Lot:

(a) and the Lot is Non-PDH Goods costing over $100,000; or
(b) and the loss is not due to a breach of ACL consumer guarantees —
the Auctioneer and Seller are not liable for the loss.

This applies even if they were aware the loss might occur, unless prohibited by law.

13. Finance

The Buyer warrants that before bidding, they:

Have immediate access to funds to complete the purchase; or
Have pre-approved finance on reasonable terms.

14. Default

If the Buyer breaches these Terms:

(a) The Auctioneer or Seller may:

(i) Cancel the sale;
(ii) Forfeit any money already paid;
(iii) Resell the Lot and recover losses, including:
- Differences between original and resale price,
- Advertising costs,
- Lost commissions,
- Legal costs;
(iv) Seek damages on a full indemnity basis.

(b) If the Seller defaults, they must refund any money the Buyer paid.

15. Governing Law

(a) These Terms are governed by the laws of Victoria, Australia.
(b) All parties submit to the jurisdiction of Victorian courts.
(c) Legal remedies are subject to these Terms.
(d) If any clause is unenforceable, the remainder still applies.
(e) Failure to enforce any right does not waive it.

16. Further Special Conditions

The Auctioneer may announce additional special conditions at or before the auction.
These special conditions become binding and are incorporated into these Terms and Conditions.

17. Goods and Services Tax (GST)

(a) The Seller will decide whether the Purchase Price is inclusive or exclusive of GST.
(b) If GST applies:

It will be added to the total charges and fees.
The Buyer must pay the GST amount to the Seller via the Auctioneer.
The Auctioneer will issue a tax invoice if required.

18. Auction of Used Motor Vehicles, Vehicles, and Other Goods

The Buyer acknowledges and agrees that:

(a) The Auctioneer does not conduct detailed inspections of Lots.
(b) The Auctioneer relies solely on Seller-provided information.
(c) The Auctioneer does not guarantee accuracy of condition reports or other descriptions.
(d) Buyers must inspect and satisfy themselves regarding the condition of a Lot before bidding.
(e) The category a Vehicle is sold in does not guarantee condition or registrability.
(f) Buyers are responsible for checking the Written Off Vehicles Register (WOVR).
(g) The Damage and Description Disclaimer forms part of these Terms.
(h) The Buyer indemnifies the Auctioneer against any dispute arising from the above.

19. Auction of Used Plant and Equipment

The Buyer acknowledges that:

(a) WH&S laws apply to Plant and Equipment used in workplaces.
(b) No Plant is guaranteed fit for workplace use.
(c) Buyers must upgrade or modify Plant to meet WH&S standards if it is to be used in a workplace.
(d) Documentation may be available upon request, but the Auctioneer and Seller are not liable if it is missing.
(e) Buyers are responsible for requesting and assessing safety records.
(f) Buyers must perform safety inspections before use. Non-compliance with WH&S law may carry heavy penalties.

20. Cancellation

(a) The Auctioneer (on behalf of the Seller) may cancel or rescind any Auction Sale or Lot sale at any time before collection.
(b) This right may be exercised even after payment and issuing of an invoice.
(c) If cancelled, the Auctioneer will refund any amount paid.
(d) The Buyer releases and indemnifies the Auctioneer and Seller against any costs arising from such cancellation.

21. Salvage Auction Vehicles or Non-Mobile Lots

(a) The Auctioneer is not liable for damage caused by forklifts or other machinery used to load/unload salvage or immobile Lots.
(b) The Buyer indemnifies the Auctioneer from disputes relating to such handling.

22. EPA Authority – Statutory Write-Offs (Victoria Only)

(a) Applies only to Buyers based in Victoria.
(b) Buyers of statutory write-offs must hold a valid EPA Authority and provide it upon request.
(c) If a Buyer fails to provide valid documentation:

(i) They may not be allowed to collect the vehicle; and
(ii) The Auctioneer may cancel the sale and refund the payment (less admin fees).

23. Storage / Processing Fees (Applicable to Victoria)

If a Lot is not collected within the required timeframe (see Clause 8), CHM Car Auctions may apply storage or processing fees.

Applicable site:

VIC: Melton (16–18 Tullidge Street)

Fees:

May include daily storage, administrative, or handling charges.
Must be paid in full before the Lot is released.

If storage fees reach 50% of the Lot’s hammer price, the Auctioneer may resell the Lot unreserved to recover the balance.

24. Severability

If any part of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction:
- That specific clause or part will be excluded.
- The rest of the Terms and Conditions remain in full force and effect.

Agent for the Seller

Clinton H Motors
Trading as CHM Car Auctions
16–18 Tullidge Street, Melton VIC 3337
Phone: 0414 735 055
Website: https://chmcarauctions.car.blog

CHM Car Auctions

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Contact Information

Phone: +1(456)657-887
mail: info@realet.com
Address: 3557 Derek Drive, Orlando, Florida