Terms and Conditions

THE FINE PRINT - ONLINE AUCTION TERMS AND CONDITIONS
East Deck Capital Pty Ltd ACN: 645 963 122 conducts the Auction subject to these Online Auction Platform Terms and Conditions on the internet site www.thecollectorgarage.com

By using our site www.thecollectorgarage.com you agree to these terms and conditions.

1) DEFINITIONS
a) Auction means a prospective sale by auction of a Lot using www.thecollectorgarage.com
b) Lot means any items available for purchase at the Auction.
c) Online Auction Platform means www.thecollectorgarage.com
d) Vendor means the owner of a Lot or person authorizing the East Deck Capital to display the Lot on their behalf on the Auction Platform.
e) Bidder means a person registered to participate in the Auction in according to these terms and conditions
f) Buyer means the winning bidder when final price exceeds any reserve price

2) ONLINE AUCTION PLATFORM
a) East Deck Capital does not warrant that the Online Auction Platform will be available for use at all times or at any particular time
b) East Deck Capital may limit, restrict or withdraw your use of the Online Auction Platform at any time without notice to you or explanation.
c) If the Online Auction Platform is interrupted for anyone or for any reason during the Auction, East Deck Capital may, but is not obliged to, declare the Auction void and recommence the Auction from the beginning.
d) You agree to indemnify and release East Deck Capital from any loss or damage in connection with Your use of the Online Auction Platform for any reason

3) AUCTIONEER
a) The Auctioneer does not act as agent for Vendor or bidders
b) We may close an Online Auction before the scheduled closing time for any reason – while we will do everything to avoid that, the reality is that some cars sell ahead of auction close – in these events, the $1 auction joining fee paid by all buyers is non-refundable.
c) The Auctioneer reserves the right to:

i) refuse any bid;
ii) withdraw any Lot from Auction;
iii) remove a Bidder from the Auction;
iv) not allow a Bidder to bid in the Auction;

d) Disputes concerning bidding shall be resolved by the Auctioneer in its absolute discretion
e) We are not a car dealer and are not in any other way agent or acting on behalf of the buyers or sellers – we are an advertising online venue, providing price auction platform, a site for buyers and sellers to interact online and provide an independent third party escrow payment system to the benefit of both Buyers and Vendors

4) OPTIONAL ESCOW SAFER PAYMENT SYSTEM
A safer payment option at the buyers discretion provides confidence to buyers to bid for vehicles knowing their cleared funds will not be released to the Vendor until delivery has occurred. Similarly, the Vendor takes comfort from knowing cleared funds are held in trust by www.theCollectorGarage.com prior to delivering the Lot
The system works as follows:
i) Winning buyer deposits final winning bid price to www.TheCollectorGarage.com trust account which will not be released until delivery has occurred
ii) When those funds are cleared, we confirm to vendor to effect delivery
iii) Only then are funds released to Vendor

5) REGISTRATION
a) You must register your details and create an account with us to bid on the online platform
b) You must use a valid credit card to pay the nominal “Joining Fee” of AUD $1 to bid on any items
c) You must not use any false or misleading information when registering for an account.
d) When you register for the Service, you will be provided a username and password. You are responsible for security of that information and any misuse is your responsibility.
e) We will communicate via email
f) We accept no responsibility for any loss or damage incurred if you do not receive a notification or communication from us.
g) You can request to close your account by emailing us at admin@thecollectorgarage.com. You may not close your account while you are the highest bidder on an Online Auction
h) East Deck Capital reserves the right to carry out checks for the purposes of confirming your identity and preventing crime and anti-money-laundering concerns.

6) BIDDING DURING THE AUCTION
a) The auction period is stated -  in the event of a bid in the last 1 minute, the auction will be extended by 1 minute, this will repeat until there are no further bids - this is an "anti-snipping" measure.
b) The auction of a Lot may be subject to a reserve price - if the Lot fails to reach the reserve price the highest bidder at the conclusion of the auction will have first right to negotiate with the Vendor.
c) Bidding is a contractual obligation
d) Once your bid is placed at an Online Auction, it cannot be withdrawn
e) If you have set up the Automatic Bid function on your account, once your Automatic Bid is placed, it cannot be altered or withdrawn
f) Goods offered by Auction are sold on an “As is, Where is” basis. Please do not rely solely on the title summary or any photographs of the item. All items are available for inspection, and we strongly advise inspection ahead of placing any bid which is a legal commitment. Please read the information provided and attend any advised physical inspections, to assess the suitability of an item for you before
g) If you are a Buyer bidding for an Auction Lot you acknowledge that it is your responsibility to:
i) arrange an inspection of an Auction Lot you intend to bid on;
ii) check the accuracy of your bids, all bids are made at your own risk;
iii) pay any necessary shipping and delivery costs associated with your purchase of an Auction Lot
h) As a Buyer you agree that each bid submitted for an Auction Lot is
i) a legally binding obligation by you, that if your bid is successful and exceeds any reserve that you are making an irrevocable offer to purchase that Auction Lot
ii) TheCollectorGarage may at its discretion remove any bid made by a Buyer bidding for an Auction Lot if you have not provided us with a valid payment method for the Joining Fee, either because we could not pre-authorise your payment card, or for any other reason

h) Automatic bidding - this works by nominating a maximum amount for a Bidder but only bidding the minimum increment to be the highest bidder at the time, up to that maximum bid. If two Bidders enter the same maximum automatic bid, the first Bidder to enter that maximum will be the recorded bidder at that level.

7) CONCLUSION OF ONLINE AUCTION / Safer Payment system

a) An Online Auction will close at the end of the time period specified for that Online Auction, excluding the extension provided when a bid is made in the last 2 minutes - in the event of a bid in the last 1 minute, the auction will be extended by 1 minutes and so on until there are no further bids - this is an "anti-snipping" measure.

b) If a Lot fails to reach the reserve price - at the conclusion of the auction the highest bidder has first right to negotiate with the Vendor and each bidder will be contacted in rank of their highest bid first.

c) When an Online Auction in which you have participated closes and you are the Winning Bidder, you will automatically charged 5% of the winning bid as deposit (up to $1,000 maximum). We will provide instructions to make payment on the balance directly to the Vendor or at the Bidders discretion to www.thecollectorgarage.com escrow facility trust account – only when those funds are cleared can you collect the Lot.

d) The 5% (max $1,000) deposit automatically charged at the end of an auction to the highest bidder when that amount is above the reserve is non-refundable

e) Failure to pay within 7 days forfeits your right to acquire the Lot and at the Vendors direction the Lot may be resold.

f) Under the escrow system option:
i) Once cleared funds are received in www.TheCollectorGarage.com trust account we will instruct the vendor to release the Lot to the winning bidder.
ii) Once Lot has been delivered, cleared funds will be paid to the Vendor.
iii) Unless otherwise stated all prices are quoted in Australian dollars.
iv) Winning Buyer and Vendor details will be supplied by Auctioneer post auction via email
v) Vendors are expected to provide a Bill of Sale and Receipt for the buyer

8) TITLE AND RISK
a) The Vendor warrants to the Auctioneer and Bidder that:
i) it has good title to the Lot;
ii) it has proper authority to sell the Lot; and there are no undisclosed encumbrances or security interests recorded in relation to the Lot at the time the Lot is intended to pass.
b) The Vendor agrees to indemnify the Auctioneer against any loss, damage, cost or expense it suffers or incurs in connection with the auction Lot
c) Any outstanding finance on the vehicle must be clearly stated as part of sale process
d) Title in the Lot does not pass to the purchaser until the purchaser has paid in full cleared funds directly or to The Collector Garage trust account for full winning bid price.
e) The purchaser assumes all risk in relation to the Lot from when cleared funds are received.

9) CONDITION OF THE LOT
a) The Bidder accepts the Lot is offered for sale ‘as is, where is’ with all defects and faults (if any).
b) The Auctioneer does not warrant or give any guarantee as to the condition or age of any Lot, or that any Lot is correct as described.
c) The Bidder acknowledges that any information provided by the Auctioneer in relation to any Lot:
i) reflects the information provided to the Auctioneer by the Vendor; an
ii) has not been independently verified by the Auctioneer for completeness or accuracy.
d) The Auctioneer is not liable for any loss or cost suffered or incurred by the purchaser arising out of or in connection with incorrect, incomplete or error in information provided about any Lot and the purchaser agrees to indemnify and release the Auctioneer from any claim, demand or cause of action in respect of these matters.

10) COLLECTION AND DELIVERY
a) The purchaser is responsible for all costs, fees and charges for collection of the Lot.
b) Collection will only be available after cleared funds are received by the www.TheCollectorGarage.com trust account or directly to the Vendor
c) Collection is defined as either in person collection or as arranged by winning Buyer collection by, or confirmed delivery to, any third party transport group.

11) SELLING AT AUCTION
a) Vendors confirm legal ownership of the Auction Lot in placing an item at auction
b) Any monies owing must be paid off before auction or disclosed
c) You can require a reserve or minimum price for the Auction Lot.
d) www.TheCollectorGarage.com team gives no warranty as to the likely outcome of any auction and price guide is just that – a guide.
e) If you are a Seller listing an Auction Lot for sale you are solely responsible for the accuracy of the description, even if prepared by The Collector Garage, and any omissions or misleading statements are your responsibility – kms in the auction listing should be within 500km of what is on the odometer at time of sale
f) If you as the Seller withdraw your Current Auction Lot or from the Coming Soon list, you will be obliged to pay the fees to TheCollectorGarage of 5% of the agreed reserve price, as verbally or in writing agreed maximum $1,000
g) Sellers must provide Bill of Sale or other documents required in the state of the sale item location such as signed registration or other title documents to any successful buyer subject to receiving confirmation of cleared funds into The Collector Garage trust account.

12) OUR FEES
Buyers – zero cost to use and register with the site
a) a “Joining Fee” per auction, except where otherwise stated in these Terms and Conditions
i) Your credit card or debit card will be charged $1 to join the auction, if you are successful or if you are not successful. The fees payable to TheCollectorGarage are non-refundable, even in event auction closes early or item is withdrawn.
b) There is ZERO buyer’s premium paid for winning buyers

c) The winning bidder when above the reserve price will be automatically charged a deposit of 5% (maximum $1,000) at the close of the auction

Sellers – Listing and advertising or all vehicles is provided for free by TheCollectorGarage
a) Successful sales will attract a 5% Success Fee (incl GST) of the Winning Bid sale price which will be automatically taken from the Safe Payment Process or otherwise billed directly – the proceeds of the sale will therefore be the final sale price, less a 5% deducted success fee.
b) buyers must provide cleared funds to TheCollectorGarage escrow trust account or directly prior to vendors delivering the vehicle. Under the escrow option, once vehicle transfer is confirmed, then the balance of the escrowed funds will released to the vendor per a) above
c) We encourage buyers and sellers to use online ownership transfer where available from local state registration sites.

13) REFUND POLICY
a) A Refund of the buyers auction registration fee is not available, even in the event of the Lot being withdrawn or auction cancelled for any reason.

14) TECHNOLOGICAL ERRORS
i) We are car experts, not tech experts, while we will do our best and take every action to ensure an efficient and effective platform, if the technology goes down or fails in any way, its not our fault and we are not responsible for errors or any costs that occur because of that.
ii) We may suspend or terminate operation of the Site at any time as we see fit.

15) TIME
a) Australian Eastern Standard Time (AEST or AEDT).

16) LIABILITY AND INDEMNITIES - OUR LIABILITY TO YOU
a) www.TheColelctorGarage.com are not responsible for bids not recorded by the system or any loss that comes about because of that or from any other technical difficulty.
b) Subject to our obligations under the Australian Consumer Law, we provide the Sites and the Service without any express or implied warranty or condition concerning their capacity or availability.

Indemnities
c) You waive, release, discharge and relinquish any and all claims that you have or may have against us, our shareholders, directors, employees, agents and representatives which are connected with the use of the Service, except to the extent that any claim arises directly from our fraud, gross negligence or wilful misconduct.
d) You agree to indemnify and hold us, our directors and shareholders, employees, agents and representatives (the Indemnified Parties) harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by the Indemnified Parties arising out of or in connection with the performance of their obligations under this User Agreement including any legal costs, fees and expenses of defending ourselves against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of your negligent act or omission.
e) You further agree to indemnify and hold us, and the Indemnified Parties harmless from any claim or demand, including legal fees on a full indemnity basis, made by any third party due to or arising out of a breach of this User Agreement by you.

17) DISPUTE RELATING TO A SALE
a) Any dispute with respect to the sale of any Auction Lot shall be resolved between the Buyer and Seller and without the participation of TheCollectorGarage

18) OWNERSHIP, USE AND PROPERTY RIGHTS
a) When you upload any content including media and images, you agree to allow TheCollectorGarage to use for any marketing and promotional purposes going forward in perpetuity.

19) Limit on our responsibility to you
a) A sale contract for an Auction Lot is between a Vendor and a Buyer. TheCollectorGarage does not guarantee and is not responsible for the performance of a Buyer or a Seller participating in a sale of any Auction Lot. We shall not be responsible for their obligations in the sale contract, and we exclude all liability arising from the sale contract
b) We cannot guarantee the continuous operation of or access to our Site. Bid update and other notification functionality via our Site may not occur in real time. The functionality of our Site is subject to delays, interruptions and errors beyond TheCollectorGarage's control.
c) TheCollectorGarage shall have no liability for any such delays, interruptions, errors or other problem
d) Events beyond our control - We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control.

20) Governing law
a) This User Agreement is governed by and will be construed according to the laws of New South Wales and is subject to the jurisdiction of the courts of New South Wales.

21) GST
a) All auction prices are calculated including any GST considerations from the vendor and excluded from and additional payment by the highest bidder in event of a successful auction sale

22) You are responsible for the use of the www.thecollectorgarage.com online platform
a) Whilst www.thecollectorgarage.com takes care to ensure that content on the www.thecollectorgarage.com site is correct, current and free from errors, www.thecollectorgarage.com does not warrant the accuracy or completeness of or the representations made on the www.thecollectorgarage.com
b) You are responsible for assessing the accuracy of the Material and rely on it at your own risk.
c) The services and Material made available on the www.thecollectorgarage.com Network are provided as general information and entertainment only. The services and Material are not professional, expert, or other advice.
d) You agree to indemnify www.thecollectorgarage.com against any liability, loss, claim or demand if www.thecollectorgarage.com (or any of its officers, representatives, employees or agents) suffers any loss or damage or incurs any cost in connection with a breach by you (or any of its officers, representatives, employees or agents) of these terms and conditions.
e) You must keep your username and password to access the www.thecollectorgarage.com site secure and confidential and not provide those details to any third party under any circumstance. You represent and warrant to www.thecollectorgarage.com that you accept all liability for any unauthorised use of any username and password issued to you

23) PRIVACY
a) East Deck Capital collects, holds, uses and discloses personal information in accordance with the East Deck Capital Auctions Privacy Statement, which is available at https://www.thecollectorgarage.com/privacy