Assets located at Osborne Mine, Via Cloncurry.

• Collection of all items must be completed within 30 days of conducted sale unless otherwise stated or approved by Auctioneer
• The Purchaser must provide minimum 7 days notice prior to attending site for collection of assets.
• Crane and Forklift can be made available for load out providing Arrangements have been made for collection prior to attending site.  

All items are sold on an ‘as is, where is’ basis. This means the item is being sold in its current condition, regardless of any faults or damage. The bidder accepts full responsibility in satisfying themselves with the item prior to bidding. It is recommended that if the bidder is in doubt, not to bid as no returns or refunds will be made.

TERMS AND CONDITIONS OF SALE

1. Any intending bidder must register their tender bid online and in doing so accepts and understands the “Terms and Conditions of Sale”.
2. The assets, having been available for inspection prior to auction/tender, are offered for sale “as is where is” with all faults (if any).  To the full extent permitted by law, and notwithstanding the contents of, or any description given in, any catalogue, advertisement, engineer’s report or other materials issued by the Agent or Vendor in relation to a lot, no express or implied condition warranty or guarantee is made or given in relation to that lot as to its conditions, quality, fitness, purpose, merchantability or compliance with description. Lots are sold in their current condition, regardless of any faults or damage. All descriptions and photos are to be used as a guide only. The Purchaser accepts full responsibility in satisfying themselves with the asset condition prior to bidding. No warranty, guarantee or representation is offered by the Vendor or its Agent as to the condition of the assets or to any matter that may affect future usage. While every effort has been made to ensure the accuracy of the description, the Vendor and its Agent cannot warrant they are correct.
3. A 10% (GST Inclusive) Buyers Premium applies to the sale price.
4. GST is inclusive of the knockdown price of each lot sold unless otherwise stated.
5. No person will be allowed to retract his or her bid/tender after being accepted by the Auctioneer.
6. The Purchaser will be advised within three working days from close of tender of the Vendors acceptance of their offer.
7. The highest tender/bid shall be the purchaser, subject to the Vendor’s approval and a reserve price if any.
8. The successful Purchaser will be required to make settlement of payment in full by Certified Bank Cheque, Bank Transfer or EFTPOS (1.5% Credit Surcharge) within 48 hours of acceptance, at which time all risk in the asset shall pass to the purchaser. Until the full payment has been received and cleared, all title and property in the asset will not pass to the purchaser.
9. The Auctioneers shall not be responsible for any damage to property, or injury to persons incurred during the removal of the lots purchased.
10. The auctioneer acts in the sale of goods as agent only, and is not responsible for any default by either the vendor or purchaser.
11. The Vendor reserves the right to withdraw any lot or lots from the sale at any time.
12. Time shall be the essence of the sale.
13. It remains at all times the responsibility of the purchaser to remove the asset purchased under the terms and conditions.
14. Provided the full purchase price has been paid, all lots must be removed by the purchaser at the purchaser’s expense within 30 days from close of sale unless otherwise noted in the catalogue. The Purchaser must provide minimum 7 day notice prior to attending site for collection.  Any lot not collected within the specified number of days will incur a $110 per day storage fee up to a maximum of 30 days. Any lot not collected after the further 30 days will be considered abandoned and title will revert back to the Vendor. Delivery of lots is not to be taken without a representative of the Vendor or their agent being present at the time and the purchaser will minimise any damage caused with such removal as far as practicable. Should any deficiency arise between the quantities of goods described at the time of sale and that available at the time of delivery, the purchaser shall take, and the Auctioneers shall be required to affect, delivery of only the quantity actually so available. No compensation whatsoever shall be paid in respect of any such deficiency, but the purchaser may claim a pro rata adjustment of purchase price. No adjustment will be made unless the purchaser makes his claim at or before the time of delivery.   
15. Buyers collecting a purchased item will not be on site for more than 4 hours and must complete a medical declaration and a short 1 hour induction to come on site.
15a. Site visited request form completed purchaser and authorised by site before travelling to site.
15b. Complete a short induction.
15c. Sign off on a medical fitness declaration when arriving at site.
16. Buyers collecting purchased items that will need dismantling and require equipment to complete the task will need the following.
16a. Full Site Induction.
16b. Provide current medical / fitness assessment.
16c. Provide copies of required licences to operate required machinery.
16d. Inspection of Vehicles/Equipment/Machinery prior to operating on site, to confirm they meet mine site standards.
16e. Site visit request forms must be completed prior to travelling to site.
17. The Vendor and Agent shall not be under any liability whatsoever for any injury, death, or damage howsoever caused (including injury death or damage caused or contributed to by the Vendor or the Agent, or their servants and agents) suffered by any person entering on to these premises. The purchaser shall effect insurance which: (i) At all times covers liability to the public for an unlimited amount in respect of personal injury, death or damage arising out of the taking of  delivery, removal, or dismantling off any lots, by or on behalf of the purchaser; (ii) If necessary provides cover for the full amount required by law,  against any liability whatsoever whether arising by virtue of any statue relating to workers compensation or employers liability or at a common law to any person employed by the purchaser in connection with taking of delivery, removal, or dismantling of any lot.
18. Purchasers are not permitted to resell or subdivide lots in the sale premises.
19. Special conditions re electrical equipment: This equipment is sold in a used condition and no warranty is given that its present conditions comply with the safety requirement of the State Electricity commission. It is pointed out that under the State Legislation the purchaser is required before the resale or use to have the equipment examined and repaired by a registered electrical contractor.
20. The Vendor or Agent shall not be responsible for any damage to property or injury to persons incurred during the removal of the lots purchased.
21. The Vendor and Agent advises all buyers that all plant offered for sale may not be fit for use in a workplace. It is the Purchaser’s responsibility to ensure that an operational risk assessment is undertaken prior to use, and the plant/lot be brought to a condition which complies with relevant state Legislation, Regulations and any applicable Codes of Practice.
22. The Purchaser agrees that – (i) All warranties & conditions on the part of the Vendor implied by statue or otherwise relating to the goods the subject of each lot are excluded to the maximum extent permitted by law; (ii) The Vendor gives no warranty whatsoever as to the condition or quality of the goods or as to their suitability or fitness for their ordinary or any special use or purpose, and the description of the goods in any publication, advertisement or other document or any other oral representation or description by the Vendor or Auctioneer shall not import any such condition or warranty on the part of the Vendor; (iii) It is the responsibility of the purchaser to satisfy himself as to the condition, quality, suitability, and fitness of the goods for his purpose; (iv) The purchaser accepts the goods as they are with all faults and defects (if any). The Vendor shall not be liable for any miss-description of the goods and the purchaser shall take irrespective of any such miss-description without any claim for compensation; (v) the Purchaser acknowledges that the foregoing is fair and reasonable having regard to the fact that the goods are in a used condition and that he has been provided with a reasonable opportunity to inspect the goods.
23. Upon any purchaser failing to comply with any the above conditions all monies received in part payment shall be absolutely forfeited to the Vendor after the Agent’s commission and costs, and all lots not collected within the time frame may be resold by Private Contract and the deficiency (if any) of such resale, together with all costs and charges attending, shall be made good by the defaulter at the sale.

•  Collection of all items must be completed within 30 days of conducted sale unless otherwise stated or approved by Auctioneer
• The Purchaser must provide minimum 7 days notice prior to attending site for collection of assets.
• Crane and Forklift can be made available for load out providing Arrangements have been made for collection prior to attending site.