Fanaticus Per Jadis
Auctioneer/Motor Dealer's License number: 2608709 | Second Hand Dealers License number: 3106941
Coming up for online auction 18th May 2022 to 25th May 2022 (Offers Prior to Auction Commencement Welcome) - Stock Ref# C4121 - 09/2012 Freightliner Argosy FLH Prime Mover; 6x4; ODO Showing: 542, 789 kms; Engine: Cummins ISX; Gearbox 18 Speed Automatic; GVM: 24 Tonne; 90 Tonne Road Train Rated; 80 Tonne B Double Rated; Bulbar; Beacon Light; Out of Engine Rebuild Approx 100,000kms Ago; Airbag Suspension; 10 Stud Rims. Located at Western Traders Yard, Forest Hill QLD. Inspection prior to purchase is highly recommended. Need auction finance? Go to www.westerntraders87.com.au/finance If interested in purchase prior to auction commencement, please contact us.
TERMS AND CONDITIONS
a. The following terms have the following meaning
i. “Auction Term” means 5 Business days from the date the Goods is placed up for auction by Western Traders.
ii. “the Buyer” means a person who registers as a Buyer and uses the Service.
iii. “Buyer’s Premium” means relevant percentage on the following scale:
0 - $10,000 - 16% of the Sale Price
$10,000 - $20,000 - 14% of the Sale Price
$20,000 - $30,000 - 12% of the Sale Price
$30,000 - $50,000 - 9% of the Sale Price
$50,000 - $60,000 - 7% of the Sale Price
$60,000 - $80,000 - 5% of the Sale Price
$80,000 - Onwards - 3% of the Sale Price
Exception - On occasion under written instruction from the relevant vendor, a 10% Buyers Premium may apply to the sale of an asset. This will be specific to that relevant asset at any sale price.
All assets for Auction display relevant Buyer Premium percentage for the sale.
iv. “Financier” means QPF Finance Group and/or their successors in law.
v. “Payment Period” means 48 hours from the Buyer being notified that their bid was successful.
vi. “Payment Terms” means the terms described in clause 6 of these terms and conditions
vii. “Reserve Price” means a minimum selling price, as nominated by the Vendor, of a Vehicle sold through the Service.
viii. “Sale Price” means the sum of money the Buyer has bid and/or agreed to pay for the Goods.
ix. “the Service” means the service described in clause 3 of these terms and conditions.
x. “the Goods” means the item the Buyer has bid on or offered to buy through the Service.
xi. “Western Traders” means Western Traders 87 Pty Ltd.
a. Headings are for convenience only, and do not affect interpretation.
b. The following rules also apply in interpreting this document, except where the context makes it clear that a rule is not intended to apply, a reference to:
i. legislation (including subordinate legislation) is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it;
ii. a document or agreement, or a provision of a document or agreement, is to that document, agreement or provision as amended, supplemented, replaced or novated;
iii. a person includes any type of entity or body of persons, whether or not it is incorporated or has a separate legal identity, and any executor, Administrator or successor in title of the person.
iv. anything (including a right, obligation or concept) includes each part of it; and
v. a clause, paragraph, item or schedule is a reference to a clause, paragraph or item of, or schedule to, this document.
c. A singular word includes the plural, and vice versa.
d. A word which suggests one gender includes the other gender.
e. If a word is defined, another part of speech has a corresponding meaning.
f. If an example is given of anything (including a right, obligation or concept), such as by saying it includes something else, the example does not limit the scope of that thing.
3. THE SERVICE
a. In consideration for the Buyer registering with Western Traders, Western Traders will provide the Buyer access to an online system where multiple buyers may place online bids on vehicles currently being auctioned by Western Traders.
b. Western Traders will electronically record all bids made through the system and the buyer who has offered to pay the highest amount above the Reserve Price for the auctioned vehicle will be determined as the
successful bidder. Upon being determined as the successful bidder the Buyer is bound to pay the amount bid/offered together with Buyer’s Premium in exchange for ownership and possession of the Goods.
4. USE OF THE SERVICE
a. The Buyer must not use the Service for any unlawful, illegal, deceitful or fraudulent activity. Western Traders may suspend, terminate and/or prevent access to the Service in the event that Western Traders reasonably suspects that a person has used the Service for any unlawful, illegal, deceitful or fraudulent activity. Western Traders reserves its right to seek compensation in this event for any loss or damage resulting from such activity.
b. The Buyer must not interfere, nor allow any interference with the operation of the Service.
c. Western Traders may suspend, prevent and refuse the Buyer access to the Service at any stage and is not required to provide a reason for doing so.
d. In consideration for access to and use of the Service, the Buyer will pay the Buyer’s Premium to Western Traders if the Service directly or indirectly causes the Buyer to purchase the Goods from the Vendor. This includes any sale that occurs before or after the Auction.
5. BUYER’S OBLIGATIONS AND WARRANTIES
a. The Buyer warrants and confirms that he/she is:
i. over the age of 18 years;
ii. not an undischarged bankrupt; and
iii. has the capacity and capability to enter into agreements.
b. The Buyer acknowledges that he/she is responsible for conducting his/her own investigations and due diligence into the Goods available through the Service. Proceeding to make a bid or purchase through the Service constitutes satisfaction of the investigations and due diligence conducted by the Buyer.
c. The Buyer acknowledges and accepts that all Vehicles are purchased on a “as is, where is” basis.
d. The Buyer is responsible to enforce any manufacturer’s warranty or liability.
e. Upon successfully winning the bid through the Service the Buyer agrees to pay the Sale Price pursuant to the Payment Terms.
f. The buyer will make his/her own arrangements to collect and take possession of the Goods and understand that neither Western Traders nor the Vendor are required to deliver the Goods unless otherwise agreed in writing.
6. PAYMENT TERMS
a. If the Buyer is successful in his/her bid to purchase the Goods through the service, the Buyer must make full payment of the Sale Price plus the Auction Fee within the Payment Period.
b. If the Buyer applies for finance through the Financier, and successfully obtains pre-approval, then the Payment Period will be suspended until such time as their application for finance has been processed or the sale is terminated by Western Traders.
c. If funds from either the Buyer or the Financier are not received within 48 hours from the date the Buyer’s bid was successful, then Western Traders, in its sole discretion, may terminate the sale. In this event the Buyer will not be entitled to purchase the Goods.
d. If the Goods are purchased by the Buyer as a direct or indirect result of any service provided by Western Traders, the Buyer will pay the Buyer’s Premium to Western Traders within seven (7) days of purchasing the Goods.
a. Ownership of the Goods and entitlement to possession of the Goods does not transfer from the Vendor or Western Traders to the Buyer until the Sale Price plus the Buyer’s Premium is received in full. To remove any doubt, a successful bid at an auction does not constitute an immediate entitlement to the Goods.
8. INDEMNITY AND RELEASE
a. The Buyer acknowledges and understands that Western Traders may not be the owner of the Goods sold and does not make any warranty, representation or guarantee as to the condition, quality, functionality, fitness for purpose or lawful ownership of the Goods auctioned and/or sold through the Service.
b. The Buyer indemnifies, releases and forever holds harmless Western Traders from any claim, action, loss, demand or costs arising out of the Goods auctioned and purchased through the Service.
c. The Buyer acknowledges and understands that Western Traders does not offer finance itself and does not act or represent the Financier in any way whatsoever. The Buyer indemnifies, releases and forever holds harmless Western Traders from any claim, action, loss, demand or costs arising out of the application and granting of finance from the financier.
9. ACCEPTANCE AND AMENDMENT
a. The use of the Service constitutes acceptance of these terms and conditions.
b. Upon acceptance of these terms and conditions by the Buyer the terms and conditions are binding and can only be amended by Western Traders. Western Traders may amend and alter these terms and conditions at any point in time. The amendments will take effect immediately. The Buyer’s continued use of the Service will constitute acceptance of any amendment made to the terms and conditions by Western Traders.
a. The Sale Price of all goods sold through the Service is inclusive of GST unless otherwise stated. All GST applicable to any goods sold through the service will be payable by the Buyer if required.
a. Any provision in these terms and conditions which is invalid or unenforceable in any jurisdiction is to be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable, and is otherwise capable of being severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these terms and conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
b. The Buyer acknowledges that as the Service is online it is dependent upon the functionality of systems outside of Western Traders’ control. In the event that a technical issue prevents the Service from operating correctly, the Buyer releases and forever holds harmless Western Traders from any liability incurred or arising out of the online service failing or not functioning correctly.
c. These terms and conditions are governed by the laws of the State of Queensland.
d. These terms and conditions shall bind the parties, their heirs,
executors and successors in law.
Please Note - Asset finish times may extend without notice in the final 5 minutes of the Auction if bids are placed within the final 5 minutes of ending.
This possible time extension will only pertain to the individual asset that is closing and not necessarily all assets during the sale.
Upon written request, Western Traders has the authority to bid on behalf of a vendor up to the value of the reserve.
We highly recommend inspection of this asset prior to purchase. This item will be available for inspection via Appointment in the week preceeding the auction and last day of the auction. Call Western Traders on 07 5466 5200 to make an appointment with the team.
This Asset will be available for collection after payment has been received in full.
Asset Location is at Western Traders 87 Yard at 40 Crowley Vale Road, Forest Hill QLD 4342 .
(We are the Truck sales and auction yard next to the Big Orange Fruit Shop approximately half way between Brisbane and Toowoomba along the Warrego Highway)
Team Number – 0754665200
||0411 855 255
||0487 203 915
Asset Location is at Western Traders 87 Yard at 40 Crowley Vale Road, Forest Hill QLD 4342 .
Fanaticus Per Jadis