VENDOR TERMS AND CONDITIONS OF SALE

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

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

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

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

“Buyers Premium” means the charge payable by the Buyer to the auction house as a percentage of the hammer price.

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

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

“Windsucker” means a Lot which suffers from the vice of noisily drawing in and swallowing air through its mouth; 

“Wobbler” means a Lot which stands or moves unsteadily or with uncertain direction; 

“Roarer” means a lot that displays a condition (such as a roar or whistling noise) indicating a greatly reduced airflow during excercise

“Cryptorchid” means a lot that has one or both testicles retained in the inguinal canal or abdominal cavity

“X-Rays” means the set of X-Rays deposited at the Repository, physical or digital format, (along with any reports, certificates, notes, writings or information deposited therewith, including historical records of operations, applications, medications or any treatment provided to each Lot) made available by the Vendor with respect to a Lot for inspection by the Purchaser’s qualified licensed veterinary surgeon, such X-Rays being in the minimum number and taken strictly in accordance with the specifications detailed in the Repository Conditions and otherwise subject to the Repository Conditions displayed at the Repository, the terms of which the Purchaser acknowledges as having read and understood prior to the purchase of a Lot.

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. ACCEPTANCE OF HORSES
   1. It is the organisers and auctioneers discretion as to the suitability of items submitted for auction. 
   2. The organisers/auctioneers reserve the right to refuse horses submitted for consignment
3. IDENTIFICATION OF HORSES
   1. Where it is possible to identify a horse, either by brand or microchip etc, these forms of identification need to be disclosed at point of registration.
   2. It is the organisers and auctioneers discretion as to the suitability of items submitted for auction. 
   3. The organisers/auctioneers reserve the right to refuse horses submitted for consignment
4. ADDITIONAL TERMS
   1. The vendor shall agree to any and all additional terms as outlined in the consignment agreement. 
   2. The vendor shall provide accurate disclosures as required on the consignment form.
5. OWNERSHIP/AUTHORIZATION/INDEMNITY
   1. The vendor warrants to the organisers and auctioneers that he/she is the true owner of the property or is properly authorised to sell the property by the true owner and is able to transfer a good and marketable title to the property free from any third party claim. 
   2. The Vendor undertakes to indemnify the organisers and auctioneers, its Servants and Agents and the Buyer against any loss or damage suffered by either in consequence of any breach of the above on the part of the Vendor. 
   3. The Vendor shall duly indemnify the organisers and auctioneers against any claims with any lots sold by on the Vendor’s behalf.
6. GST
   1. A Vendor who sends for sale by auction any property which is an asset of their business must disclose to Hinter Auctions whether or not they are a registered person for GST purposes and, if so, ABN. This information must be supplied to Hinter Auctions. 
   2. In the event that the vendor is registered for GST, the GST will be applied to the hammer price and is invoiced to the buyer. 
   3. GST is settled to the vendor.
7. DEFAULTS
   1. The organisers and auctioneers shall not be liable for any default of the purchaser or vendor. 
   2. The organisers and auctioneers shall not be liable for any loss or damage to the livestock or property left in their care by vendors or purchasers. 
   3. The organisers/auctioneers gives no warranties in respect of these matters and no lots are to be returned to the organisers or auctioneers.
8. RESERVES
   1. All lots are offered for sale WITHOUT RESERVE unless specific written instructions to the contrary are received prior to the cataloguing of the auction. 
   2. The Vendor will not in person or through the agency of any other except the auctioneer bid for his own property. 
   3. In the event of a lot not meeting reserve at auction, the auctioneers and organisers are hereby empowered by the vendor for a period of 2 weeks (how long?) after the last auction lot has been sold/passed (unless otherwise agreed) to sell after the auction, by private treaty, at not less than the reserve price. In the event of such a sale by private treaty, the Conditions of Sale applicable to a Vendor governing the auction will apply. 
   4. In the event the vendor places a reserve on any lot following the cataloguing of the auction lots, the vendor will be liable for the agreed auction commission on the high bid price achieved if the lot remains unsold. 
9. WITHDRAWAL OF LOTS
   1. The Vendor warrants that no horse listed on the signing of the agreement or catalogued lots will be withdrawn, offered or sold prior to auction excepting injury or death of the consigned horse.
   2.  If a horse is withdrawn a valid veterinary certificate is to be produced to the organisers and auctioneers.
10. DESCRIPTIONS
    1. The auctioneers and organisers have the sole right as to the description of any livestock offered for sale and to its grouping with any other belonging to the Vendor. 
    2. Any representation, statement or opinion made by the organisers or auctioneers  either orally by any of their employees or printed in any catalogue, valuation, advertisement, brochure or list concerning suitability, condition or value is a statement of opinion only and is not to be taken as being or implying any warranty or representation of fact by the organisers or auctioneers. 
11. ACCIDENTAL DAMAGE
    1. The auctioneers/organisers shall not be responsible for accidental breakage loss or damage however caused unless by the negligence of their employees. 
    2. If the Vendor has in force a policy or policies of insurance in which the article is specifically mentioned whether or not for an agreed value the vendor will immediately notify his insurers of and shall himself note the interest of Hinter Auctions (auctioneers) and Sunshine Coast Show Society (organisers) as bailees in respect of such policy or policies. 
12. AUCTION INVOICING & PAYMENTS
    1. Invoicing for all lots will be generated and provided to the successful buyer on request or immediately following the close of the last lot offered by the auctioneers
    2. Payments will be received by cash, card or EFT (electronic funds transfer)
    3. All payments must be cleared into the auctioneers nominated trust account prior to settlement of funds
13. SETTLEMENT OF FUNDS
    1. The Vendor authorises the auctioneers to deduct commission and agreed expenses plus any GST due thereon from the hammer price. 
    2. The auctioneers will remit the sale proceeds to the Vendor after deducting commission, removal charges (if applicable) and other agreed expenses within 14 days after the sale provided the auctioneers has been paid in full by the buyer. 
    3. In the event that the Buyer has not paid in full the auctioneers will remit the net proceeds to the Vendor with the unsold lot passed back to the vendor. 
14. CATALOGUEING/LOTTING/DISCLOSURES
    1. The vendor will provide un-hindered access to the auctioneers and organisers for the purpose of lotting, catalogueing and conducting of the auction.
    2. The vendor shall immediately disclose any updated information that may affect the sale of the lot including (but not limited to) any illness, injury or blemish that has been sustained following the consignment of the lot.
15. INSPECTIONS
    1. All Lots may be inspected at reasonable times prior to the Sale. 
    2. Prior to the Sale, a prospective Purchaser may arrange for a veterinary examination of a Lot with the Vendor. Such examination shall be carried out in the privacy of a stable and may not be carried out in the Sale ring or within the public view. The cost of this examination shall be paid for by the prospective Purchaser, solely to whom (subject to the prospective Purchaser’s instructions to the contrary) the independent veterinarian should make his report.
    3.  The Auctioneer or Vendor may refuse examination. 
    4. Prior to the Sale, the inspection and examination may also include accessing and inspecting material, that the Vendor has submitted.
16. COPYRIGHT 
    1. The Vendor authorises the auctioneers and organisers to photograph and illustrate in its catalogue or promotional literature or advertisements any lot consigned for sale.
    2. The vendor acknowledges the auctioneers and organisers copy-right to such illustration, which may be used at any time whether or not in connection with the particular auction.
17. WINDSUCKERS/WOBBLERS/ROARERS/CRYPTORCHIDS
    1. The vendor must disclose to the organisers/aucttioneers if the horse is known to be or showing signs of being a windsucker, wobbler, roarer or cryptorchid
    2. Any of the above conditions are to be disclosed to the buyer either in print and/or verbally by the auctioneer prior to offering the lot for sale
    3. 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.
    4. If such a claim is substantiated a full refund will be provided to the buyer and all transport, and associated costs will be borne by the vendor.