Conditions and Policies

McElwains is committed to ensuring that your experience of Bidding at Auction is both exciting and rewarding. To that end we offer the following guide.


CONDITIONS OF SALE

  • Please scroll down for the Conditions of Sale. All points are important and should be read to outline the legal responsibilities of all parties involved in the Sale.
TIMING
  • The Auctioneer auctions approximately 80-100 Lots per hour.
FLOOR BIDDERS
  • Ensure that you have registered and obtained a BIDDERS NUMBER before bidding on the Lot you wish to purchase.
  • Be aware that a Buyers Premium of 10% is payable by all Buyers in addition to the Hammer Price.
  • Make your Bids clear, preferably by holding up your Bidders Number Card.
  • If you make a mistake, e.g. the Auctioneer takes a Bid from you at a higher level than you had intended, or you realise that you have bid on the wrong Lot, call out to the Auctioneer immediately so that the bidding can be adjusted. Waiting until after the hammer falls is leaving it too late.
  • If your Bid is the highest and the Lot is knocked down to you then you have entered a binding obligation to pay for that Lot.
SALES SUBJECT TO VENDORS CONSENT
  • Where your Bid is the highest, but still below the reserve, the Auctioneer may declare you to be the “buyer subject to vendors consent”
  • This means that your Bid is held as binding and will be communicated to the vendor at the earliest opportunity. If the vendor accepts then there is a contractual obligation for you to pay for the Lot. If the vendor does not accept, you are released from any obligation, however you will have first right to negotiate with the vendor (through McElwains) until an agreement is reached.
ABSENTEE BIDS
  • This service is carried out free of charge. We will endeavour to ensure that your Bidding instruction is executed, but accept no responsibility or liability for failure to do so.
  • Lots will be bought as favourably as is allowed by Bidding in the sale room and any reserve imposed*
  • If your Bid limit is equal to or above a reserve, the auctioneer may open the bidding at reserve on your behalf and will bid thereafter only in response to competition for the Lot.
  • If your Bid limit is below a reserve, the Auctioneer may open the Bidding at your limit and if there are no further bids may sell to you “subject to vendors consent”
  • In the absence of a reserve the auctioneer may exercise your bid in advancement of any opening bid or may open the bidding on your behalf at the auctioneer’s estimate, at the auctioneer’s sole discretion.
  • To maximise your chances of success, we recommend that you leave an instruction to make one additional bid beyond your nominal limit, just in case the auctioneer takes a bid equal to your limit from another bidder.
* Please note: McElwains cannot guarantee that another Bidder will not be successful at your limit if, in the course of competitive bidding, someone else bids your limit first.

ALL BIDDERS SHOULD NOTE THAT
  • All sales are subject to the Terms and Conditions of Business printed on your Bidders Number card, displayed in our salerooms, and listed below.
  • Goods are sold as is with all faults and it is up to the bidder to inspect them prior to bidding. By bidding you will be deemed to be satisfied with the goods in ALL respects.
PAYMENT
  • Must be made ON THE DAY OF SALE for all Lots purchased
  • In cash, EFTPOS, or cheque
  • Penalties will be imposed for late payment
We hope that you will enjoy the sale and will have success with your Bids. If you have any queries about the above, please ask a staff member who will be happy to clarify them for you.

CONDITIONS OF SALE
  1. The highest bidder to be the purchaser, subject to the Auctioneers having a right to refuse the bidding of any person. Should any dispute arise as to the biddings, the Lot in dispute to be immediately put up for Sale at the preceding bidding, or the Auctioneers may declare the purchaser.
  2. All items are offered as is, where is, in the condition they are in at the time of sale, without any warranty expressed or implied.
  3. All buyers must satisfy themselves as to condition, type, make, model, and year of the equipment being offered, and not rely on any statements or advertisements.
  4. No person shall advance less at a bid than a sum to be nominated by the Auctioneer and no bid shall be retracted.
  5. All Lots are sold subject to the right of the seller or his agents to bid or else impose a reserve.
  6. The Auctioneer reserves the right to alter the order of sale as shown in the catalogue and to withdraw any item or lot included in the catalogue without prior notice.
  7. Each purchaser must supply the Auctioneer with his full name and address as at the time of sale.
  8. The lots are at the buyer’s risk from the fall of the hammer and are to be taken away at the buyer’s expense, in default of which THE AUCTIONEERS WILL NOT HOLD THEMSELVES RESPONSIBLE IF THE SAME ARE LOST, STOLEN, DAMAGED, OR OTHERWISE DESTROYED, BUT THEY WILL BE LEFT AT THE SOLE RISK OF THE PURCHASER. If the lots are not cleared or paid for, they may then be sold immediately, either publicly or by private treaty, without any notice being given to the defaulter.
  9. Upon failure of the purchaser to comply with any of the above conditions the money deposited in part payment shall be forfeited, and the defaulter shall make good any loss arising from the resale, together with the charges and expenses.
  10. Receipted invoices must be produced prior to delivery of any lot. The auctioneers reserve the right to request identification in the case of any purchaser not known to the Auctioneer who pays by cheque. Charging to credit cards will not be accepted as a means of payment.
  11. Terms: - Cash, Eftpos, Bank Cheque or Personal Cheques with suitable ID
  12. The Auctioneer is not permitted to split payment or delivery amongst other buyers on behalf of the original buyer.
  13. Buyers are reminded that they must comply with the Machinery Act of 1950 and its amendments.
  14. Where electrical equipment is offered for sale no warranty expressed or implied is given that it complied with the provision of the New Zealand Electrical and Wiring Regulations 1976. The purchaser will be responsible to see that the provision of these wiring regulations are fully complied with before the installation or use of any electrical equipment.
  15. It is expressly stated that title shall not pass with the goods until the whole of the purchase monies have been paid (and where cheques are tendered, payment shall for these purposes be deemed not to be completed, until the Auctioneer is satisfied that such cheque or cheques have been cleared through the Auctioneers banking system.
  16. Buyers are reminded that Auctions are exempted from the Consumer Guarantees Act.
NO RESPONSIBILITY CAN BE ACCEPTED BY THE AUCTIONEERS, IF ANY LOTS ARE WITHDRAWN PRIOR TO THE SALE, BUT EVERY EFFORT WILL BE MADE TO PREVENT THIS. NB: IN THE EVENT THAT YOUR CHEQUE IS DISHONOURED, FULL COSTS INCLUDING RECOVERY OF GOODS (IF NECESSARY) WILL BE CHARGED AGAINST THE PURCHASER.


   Auctioneers of value