The terms and conditions of sale listed here contain the policies of Hinter Auctions Pty Ltd (referred to as Hinter Auctions). They are the terms on which Hinter Auctions and the Seller contract with the Buyer. They may be amended by printed notices or oral announcements made before and during the sale. By bidding at auction you agree to be bound by these terms.

Explanation of terms used in the “Terms and Conditions”

The conditions that are listed below contain terms that are used regularly and may need explanation. They are as follows:

“the Auctioneer(s)” means Hinter Auctions Pty Ltd, the registered auctioneer in charge or associated and authorised personal

“the Organiser(s)” means the Sunshine Coast Agricultural Society or associated and authorised personal

“the Buyer” means the person with the highest bid accepted by the Auctioneer

“the Lot(s)” means any item depicted within the sale for auction and in particular the item or items described against any lot number in the catalogue.

“the Hammer price” means the amount of the highest bid accepted by the auctioneer in relation to a lot

“the Reserve” means the lowest amount at which Hinter Auctions has agreed with the Seller that the lot can be sold.

“the Vender” means the the person or entity that has consigned the item for sale

1. VALUES/CURRENCY
   1. All values expressed in Hinter Auctions catalogues (in any format) are in Australian Dollars (AUD). 
   2. All bids, “hammer price”, “reserves”, and other expressions of value are understood by all parties to be in Australian Dollars (AUD) unless otherwise specified.
2. HINTER AUCTIONS AS AGENT
   1. Except as otherwise stated Hinter Auctions acts as agent for the vendor. 
   2. The contract for the sale of the lot(s) is therefore made between the vendor and the Buyer.
3. BIDDER REGISTRATIONS
   1. All intending onsite buyers must register in order to bid and provide Hinter Auctions with name, address, telephone numbers and proof of identity i.e. Drivers Licence.
   2. Online registrations require the bidder to verify valid credit card details in order to bid. A 1c purchase will be made and immediately voided before the middle six card numbers are masked and the CVC is removed completely.
   3. A unique bidders number will be given to registered bidders on check-in to each auction. Onsite bidders must report a lost bidding number to the Auctioneers immediately. 
4. BUYERS PREMIUM
   1. No buyers premium applies to this sale.
5. ONLINE BIDDING FEE
   1. To cover online bidding fees a 1.65% (gst inc) fee applies to online bidders only
6. GST
   1. When items are offered on behalf of a vendor that is registered for GST then the GST will be added to the hammer price.
   2. If GST is to be applied this will be indicated in the catalogue and/or by the auctioneer prior to the commencement of the auction (or individual lots if required)
   3. The invoice supplied by Hinter Auctions will be regarded as a tax invoice for GST purposes
7. CATALOGUE/DESCRIPTIONS
   1. Whilst every care is taken, Hinter Auctions does not accept responsibility for lots described incorrectly either in the catalogue, online or at the auction. 
   2. Intending purchasers are encouraged to take advantage of the time given to view lots offered prior to the auction commencing. 
   3. Buyers must satisfy themselves as to the authenticity, condition and suitability of the lot offered prior to bidding. A strict “no return policy” applies to all won lots.
   4. Buyer acknowledges the final description may vary from previous printed catalog or online description. Any description change or update announced verbally by the auctioneers will supersede any previously printed descriptions.
8. INSPECTIONS
   1. Inspections of all lots offered will be available at the auction site from 9am, Thursday, June 13, 2024
   2. Registered horses may be ridden by potential purchasers in the designated area provided by the organisers. Any person who rides or handles a lot at the sale does so entirely at their own risk and the auctioneers, organisers or vendors do not assume or accept any responsibility or liability for any accident, damage, injury to horses, riders or handlers.
   3. Horses can only be ridden under agreement with the vendor. The vendor has the explicit right to allow, refuse or limit the riding and handling of the horse(s) offered
   4. All registered horses have undergone a veterinary inspection and soundness tested no more than 30 days prior to the sale and is to be made available to any intending purchaser.
   5. Horses may be presented for veterinary inspection by an intending purchaser under agreement by the vendor
9. CONTACT WITH VENDORS AND BIDDERS
   1. A bidder may make contact with a vendor to conduct reasonable enquiries however the bidder agrees to not make any attempt to purchase lots from the vendor directly or to circus navigate the auction process.
   2. Bidders are not to contact other bidders in an attempt to collude or negatively affect the normal auction process. 
10. WINNING BIDS
    1. At the fall of the hammer the highest registered bidder for each lot shall be the Buyer subject to the reserve price if any. 
    2. A winning bid forms a binding contact with the vendor.  
    3. The winning bidder shall immediately, after the fall of the hammer for a lot, provide the auctioneer with their registered bidding number to be recorded by the clerk. 
    4. The bidder number for online bidders will be automatically recorded by the auction clerk
    5. If there is more than one buyer their obligations are joint and several.
    6. The winning bidder acknowledges and accepts that their name will be announced by the auctioneer after the fall of the hammer.
11. BIDDING DISPUTES
    1. If a dispute arises as to the highest bidder, the auctioneer may re-open the bidding and re-submit the lot for sale commencing with the highest amount known to have been previously bid for the lot, or the Auctioneer may decide on the highest bidder in such other manner as the Auctioneer in its absolute discretion shall deem fit. 
    2. The decision of the Auctioneer shall be final and no bidder shall have any right or recourse against the Auctioneer or the Vendor.
    3. Any dispute must be lodged verbally with the auctioneers or its agents prior to the next lot offered.
12. BUYER REPRESENTATIVES
    1. Where any person is bidding on behalf of another person, the bidder must provide the Auctioneer with a copy of his/her written authority to bid and purchase a lot, prior to the commencement of the auction, otherwise, the bidder is deemed to be acting on his/her own behalf. 
13. REFUSAL OF ENTRY OR BID
    1. The auctioneers or organisers may, at their discretion, refuse to allow entry to or remove persons from the auction site
    2. The auctioneer may refuse to accept a bid which in the auctioneers opinion is not in the vendors interest or may disrupt the sale and need not provide reasons for doing so.
14. WITHDRAWAL OF LOTS
    1. The Auctioneer may withdraw any lot or lots (for any reason) from sale prior to the fall of the hammer and need not provide reasons for doing so
    2. The vendor is entitled to withdraw any lot from the sale with a valid and reasonable explanation to be conveyed to bidders through the auctioneer.
15. INTERNET and TELEPHONE BIDDING
    1. The Auctioneer shall not be liable for loss of transmission, or technology malfunctions that may occur during any Live Internet or Telephone Bidding practices. This includes data entry by a client that may be in error (Example, incorrect Lot Number or Bid Amount Entered) during Live Internet Bidding. 
    2. Live Internet and phone bidding will be treated the same as ‘absentee bids’ and ‘floor bids’, in terms of “the final bid is the winning bid”. 
    3. Phone bids where there are more bidders than telephonists, precedence will be given to the bidders that submitted their bids first.
    4. Phone bids must be registered by the intending bidder with the auctioneers prior to the commencement of the sale.
    5. It is the phone bidders responsibility to ensure they are contactable prior to the lot of interest being offered. The auctioneers will attempt to make contact with the registered phone bidder no less than 2 lots prior to the lot of interest.
16. ABSENTEE BIDDING
    1. Absentee bidding is a complimentary service provided by Hinter Auctions. The auctioneer or auction house member will place bids (up to the maximum absentee bid) at the current bidding increment on the bidders behalf 
    2. Absentee bids placed online will attract the online bidding fee (if the lot is won by the absentee bidder)
    3. In the event of a tie between a live bidder and absentee bid precedence will be given to the live bidder. The auctioneer may place a tiebreaker bid at their discretion at no more than the current increment on behalf of the absentee bidder
    4. There is no obligation by the auctioneer to place absentee bids.
17. SECURITY DEPOSIT
    1. A non-refundable security deposit of no less than 5% of the hammer price is to be provided by the winning bidder immediately filling the fall of the hammer.
    2. In the case of the winning bidder defaulting on the final purchase the deposit will deposit will be paid to the vendor less any commissions fees owing
18. PAYMENTS
    1. All purchases are to be paid for by cash, credit/debit card or bank deposit into our nominated Trust Account within 24 hours of the last lot sold.
    2. We are unable to extend credit, and fees may apply for late payment. 
    3. Cheques may be accepted if previous arrangements have been made. All funds must be cleared prior to collection of items. 
    4. Payment by credit card or EFTPOS (online or offline) will attract a 1.95% processing fee.
    5. Payments methods can be split between card, cash and EFT on total of the invoice. The card processing fee only applies to total card payment amount.
19. TITLE WARRANTIES
    1. The Auctioneer gives no warranty as to title of the lot(s). 
    2. The Auctioneer acts in the sale of lots as agents only for the Vendor, and is not responsible for any default by the vendor. 
    3. The Buyer acknowledges that he/she has had opportunity to inspect the whole of the lots and satisfy him/herself as to the condition of any lot and accepts any lots with all faults and defects (if any). 
    4. The Buyer accepts and agrees that the auctioneer, vendor or organisers makes no representation or warranty as to the suitability or fitness for purpose, quality, condition or operation of any lot and any implied or other condition of the Sales and Goods Act (QLD) do not apply and no other statutory warranty or representation, express or implied, applies to any item in the sale or to the accuracy of the information provided.
    5. No allowance or refunds will be made nor will any buyer be permitted to reject any lot on the grounds that it is not correctly described in the catalogue (if any). 
    6. On the fall of the hammer, the lot purchased will be at risk and responsibility of the Buyer and the Vendor will be free of all responsibility for safeguarding the lot and will not be liable for any loss or damage to the lot sold whether such loss or damage is caused or contributed to by any act, neglect or default of the Vendor, its servants, employees or agents or the Auctioneer
    7. Should the description or quantity of goods differ from the lot purchased by the Buyer on the fall of the hammer, the Buyer will make no objection and will accept the lot purchased as is. No compensation will be paid in respect of any mis-description or error. 
    8. Should the Buyer fail to comply with any of the terms and conditions of the sale (the defaulting Buyer) all monies received in part payment of the purchase price shall be absolutely forfeited to the Vendor and all lots not removed in accordance with these terms and conditions may be resold by public auction or private contract and the deficiency in price (if any) of such resale shall be immediately payable by the defaulting Buyer and if not paid on request the Vendor has the right to recover such amount from the defaulting Buyer as debt. 
    9. Legal and equitable title to the goods shall remain with the Vendor until all monies owing by the Buyer have been paid in full. 
    10. Possession of goods will only be granted to the Buyer when satisfactory payment arrangements have been made with the Auctioneer. 
20. SPECIAL CONDITIONS – Windsuckers, Wobblers, Roarers and Cryptorchids (Rig)
    1. If the Vendor fails to make the disclosure required and the lot purchased proves to be a windsucker, wobbler, roarer or a cryptorchid within 7 days of the sale then the purchaser may elect to cancel the sale by notice in writing with sufficient evidence signed by a veterinary surgeon provided to support the claim.
    2. If such a claim is substantiated a full refund will be provided and all transport, and associated costs will be borne by the vendor.
21. COLLECTION OF HORSES
    1. All lots won must be paid for in full prior to collection.
    2. All lots won must be collected within 48 hours of the final lot sold (unless prior arrangements have been made by the Buyer with the Vendor or the Auctioneer).
    3. Buyers that do not remove their items by the allotted time and without making arrangement with the auctioneer will be subject to removal and storage fees, per item, per day until their items are collected. 
    4. All loads must be appropriately secured before leaving site.
22. REMOVAL AND TRANSPORT OF HORSES
    1. Removal of horses from the auction site is not permitted under any circumstances until full payment has been received by the auctioneers.
    2. All horses must be removed from the premises by__________ unless prior arrangements have been made with the auctioneers or the livestock coordinator.
    3. Hinter Auctions and the organisers will be able to suggest transport companies that the buyer can use but takes no responsibility whatsoever for the actions of any recommended third party. 
    4. All transport & associated charges will be borne by the purchaser.
23. LIABILITY/SAFETY
    1. The vendor, auctioneers or organisers will not be liable for any personal injury, damage, loss or expense suffered, caused or incurred in the use of, or as a result of any horses purchased 
    2. All children must be directly supervised at all times. 
    3. “No go areas” must not be entered at any time. 
    4. Entry to any auction site is at one’s own risk and no liability for injury or damage is accepted by the auctioneers or the organisers. 
    5. The Buyer acknowledges that they inspect and remove horses at their own risk. 
    6. All directions given by the auctioneers or organisers must be followed.
    7. Social distancing, health and hygiene recommendations that are in force at the time of the auction must be adhered to.