Terms & Conditions

ChicaneAuctions.com.au is owned & operated by Chicane Classic Cars Pty Ltd. Auction Endorsed - MCT-11962

 

A Buyers Premium of 8.8% (inc GST) will be applied 'on top' of the final winning auction price of all motor vehicles. This Buyers Premium will be charged to the Winning Bidders stored Credit Card Details.

NOTE: GST will not be added to, or included in, the final bid price of any Auction Lot unless stated. GST is included in the buyer’s premium.

We want to give you the best possible experience to ensure that you enjoy our Service today, tomorrow, and in the future. 

Please read through below & if you have any further queries, please feel free to contact our office with any questions.

 

This Website Service is owned & operated by Chicane Classic Cars Pty Ltd. We are Licensed & Endorsed to conduct Vehicle Auctions by the Business Licensing Authority Victoria – MCT- 11962. We are proudly an Australian based & family run business with our HQ office showroom situated at 67 Industrial Drive, Braeside VIC 3195. Melbourne.  

By accessing or using the Service, you signify that you have read, understood, and agree to be bound by these Terms of Service, and to the collection and use of your information as set forth in the ChicaneAuctions.com.au Privacy Policy.

 

1 - DEFINITIONS

Unless the context otherwise requires:

• Auction means any online timed auction conducted by the Auctioneer.
• Auctioneer means Chicane Classic Cars Pty Ltd, its directors, employees, contractors, representatives and agents.
• Bid means any offer made by a registered Bidder to purchase a Lot.
• Bidder means any person approved by the Auctioneer to participate in an Auction.
• Buyer means the highest accepted Bidder whose bid is accepted by the Auctioneer and, where applicable, the Seller's Reserve Price has been met or waived.
• Buyer's Premium means the fee payable by the Buyer to the Auctioneer, currently 8.8% including GST, calculated on the final Purchase Price.
• Extended Bidding means the rolling extension period applied whenever a bid is received within the final two (2) minutes of an Auction.
• Lot means any motor vehicle, motorcycle or other item offered for sale.
• Purchase Price means the final accepted bid excluding the Buyer's Premium.
• Reserve Price means the confidential minimum selling price agreed between the Seller and the Auctioneer.
• Seller means the legal owner of the Lot or the person authorised to sell the Lot.
• Stripe means the third-party payment processor used by the Auctioneer.
• Trust Account means the Auctioneer's regulated trust account used for settlement of auction proceeds.

 

2 THE AUCTIONEER'S ROLE

2.1 Chicane Auctions acts solely as an auctioneer and agent for the Seller unless expressly stated otherwise in writing.

2.2 The Auctioneer is not the owner of any Lot unless expressly identified as the Seller.

2.3 The contract for the sale and purchase of any Lot is made solely between the Seller and the Buyer. The Auctioneer is not a party to the Contract of Sale.

2.4 The Auctioneer's role is limited to facilitating the marketing, advertising, inspection, auction, payment collection and settlement of the Lot on behalf of the Seller.

2.5 The Auctioneer does not acquire ownership of any Lot and does not assume any obligations of ownership.

2.6 Except where required by law, the Auctioneer makes no warranty, guarantee or representation on behalf of the Seller concerning:

• ownership;
• title;
• originality;
• provenance;
• authenticity;
• matching numbers;
• odometer readings;
• service history;
• previous repairs or restoration;
• mechanical condition;
• structural condition;
• roadworthiness;
• suitability for any purpose; or
• future investment potential.

2.7 Information published by the Auctioneer is prepared in good faith using information supplied by the Seller together with information obtained from publicly available sources, manufacturers, previous documentation and other third parties. While reasonable care is taken in preparing catalogue descriptions, the Auctioneer does not warrant the completeness or accuracy of that information.

2.8 Buyers acknowledge that they must rely upon their own inspections, enquiries and independent professional advice before bidding.

2.9 Any dispute concerning the purchase of a Lot is solely between the Buyer and the Seller.

2.10 Except where liability cannot lawfully be excluded, the Buyer and Seller each release the Auctioneer from any claim arising from:

• the sale or purchase of a Lot;
• the description of a Lot;
• ownership;
• title;
• condition;
• authenticity;
• mechanical failure;
• defects;
• settlement;
• transport; or
• any matter arising from the Contract of Sale.

2.11 The Buyer and Seller indemnify the Auctioneer against any claim, liability, damage, loss, expense or legal costs arising from any dispute between the Buyer and Seller except where caused by the fraud, wilful misconduct or negligence of the Auctioneer.

 

 3 BIDDER REGISTRATION

3.1 Every Bidder must:

• be at least 18 years of age;
• provide accurate registration details;
• provide a valid residential address;
• provide a current email address;
• provide a current mobile telephone number;
• register a valid credit or debit card through Stripe.

3.2 Registration does not automatically entitle any person to bid.

3.3 The Auctioneer may approve, reject, suspend or terminate any registration at any time without prior notice.

3.4 A Bidder must ensure all registration information remains accurate throughout the Auction.

3.5 The Auctioneer may require additional identification before permitting a Bidder to participate.

 

4 BIDDING

4.1 Every bid constitutes a legally binding offer to purchase the Lot.

4.2 Once placed, a bid cannot be withdrawn except with the written approval of the Auctioneer.

4.3 The Auctioneer's electronic bidding records are final evidence of all bids received.

4.4 The Auctioneer determines:

• whether a bid has been validly received;
• the amount of every bid;
• the order in which bids are received;
• the successful Buyer.

4.5 All bidding is conducted in Australian Dollars.

4.6 The minimum bidding increment is determined by the Auctioneer.

Current increment:

$250

unless otherwise advised.

 

5 QUICKBID & AUTOBID

5.1 Chicane Auctions uses both QuickBid and AutoBid (Proxy Bidding).

5.2 A QuickBid places the next available bid at the minimum increment.

5.3 AutoBid allows a Bidder to nominate a confidential maximum bid.

5.4 AutoBid automatically increases the Bidder's offer only as required to maintain the leading bid.

5.5 AutoBid never immediately bids the Bidder's maximum unless required.

5.6 Maximum AutoBid amounts remain confidential.

5.7 Where two identical maximum bids are received, priority is given to the earliest received.

5.8 The Auctioneer accepts no responsibility for errors made by a Bidder when entering an AutoBid amount.

 

6 INVALID BIDS & AUCTION INTEGRITY

The integrity of every Auction is fundamental to Chicane Auctions.

6.1 Every Bidder must act honestly, fairly and in good faith.

6.2 A Bidder must not:

• place bids without a genuine intention to purchase;
• engage in fraudulent or misleading bidding;
• place collusive or shill bids;
• bid using multiple accounts;
• allow another person to bid using their account;
• attempt to manipulate the bidding process;
• interfere with the operation of the Auction Platform.

6.3 Excessive self-bidding when already the highest bidder ("double bidding") is prohibited.

6.4 The Auctioneer may, at any time before completion of the sale and in its absolute discretion acting reasonably:

• reject any bid;
• cancel any bid;
• remove any bid;
• declare any bid invalid;
• suspend any Bidder;
• permanently prohibit any Bidder from participating;
• cancel or recommence an Auction;
• relist any Lot;
• take any action reasonably necessary to preserve the integrity, fairness or orderly conduct of an Auction.

6.5 Without limitation, the Auctioneer may exercise these powers where it reasonably believes:

• a Bidder is not eligible to participate;
• these Terms have been breached;
• a bid has been placed in error;
• a bid is fraudulent or non-genuine;
• bidding conduct is disruptive or manipulative;
• removal of the bid is necessary to protect the integrity of the Auction.

6.6 The Auctioneer is not obliged to disclose the reasons for removing any bid or restricting any Bidder.

6.7 Where a bid is removed, the Auctioneer may restore the bidding to the highest valid bid previously received.

 

7 AUCTION TIMING

7.1 Every Auction closes at the advertised closing time unless extended.

7.2 If a bid is received during the final two (2) minutes, the Auction automatically enters Extended Bidding.

7.3 Each further bid resets the two-minute timer.

7.4 The Auction concludes only when no further valid bids are received during the final extension period.

7.5 The Auctioneer reserves the right to suspend, pause or extend an Auction where technical issues or exceptional circumstances arise.

 

8 RESERVE PRICES

8.1 Lots may be offered with or without a confidential Reserve Price.

8.2 The existence and amount of any Reserve Price remain confidential.

8.3 Where the Reserve Price is not achieved:

• the Lot may remain unsold;
• the Seller may negotiate with any Bidder after the Auction;
• the Auctioneer may facilitate a post-auction sale.

8.4 Only the Auctioneer may place Vendor Bids where permitted by law.

8.5 The Auctioneer may accept an offer below the Reserve Price with the Seller's authority.

 

9 BUYER'S PREMIUM & STRIPE

9.1 Every successful Buyer must pay a Buyer's Premium equal to 8.8% including GST.

9.2 Upon registration Stripe may place a pre-authorisation hold on the Bidder's nominated payment card.

9.3 Immediately following a successful Auction:

• the Buyer's Premium will automatically be charged to the nominated card.

9.4 The Buyer irrevocably authorises Stripe and the Auctioneer to process this payment.

9.5 If payment is declined:

• the Auctioneer may cancel the purchase;
• suspend the Bidder;
• pursue recovery of all outstanding amounts.

9.6 The Buyer's Premium is non-refundable except where required by law or where the Auctioneer cancels the sale before a contract is formed.

 

10 PAYMENT & SETTLEMENT

10.1 The Buyer must pay the balance of the Purchase Price within five (5) business days of the Auction closing unless otherwise agreed in writing by the Auctioneer.

10.2 All settlement funds must be paid by electronic funds transfer into the Auctioneer's nominated Trust Account unless otherwise approved.

10.3 The Purchase Price is received by the Auctioneer solely as stakeholder and agent for the Seller and is held in the Auctioneer's Trust Account pending settlement.

10.4 The Auctioneer is authorised to receive settlement monies on behalf of the Seller and to account to the Seller following successful completion of settlement.

10.5 Receipt of monies by the Auctioneer constitutes receipt by the Seller for settlement purposes.

 

10.6 The Buyer is not entitled to possession of the Lot until:

• the Purchase Price;
• the Buyer's Premium; and
• any other amounts payable under these Terms and Conditions

have been paid in full by cleared funds.

10.7 The Auctioneer may withhold delivery of any Lot until all monies have been received.

10.8 The Seller will not receive settlement proceeds until cleared funds have been received by the Auctioneer.

 

11 BUYER DEFAULT

11.1 Time is of the essence.

11.2 If the Buyer fails to complete settlement within the required time, the Buyer will be in default.

11.3 Upon default the Auctioneer or Seller may, without limitation:

• cancel the sale;
• retain the Buyer's Premium;
• terminate the Buyer's rights under the Contract of Sale;
• resell the Lot by auction or private treaty;
• recover any loss suffered;
• recover legal costs and recovery expenses;
• suspend or permanently ban the Buyer from future Auctions.

11.4 Any deficiency arising upon resale together with all associated costs remains payable by the defaulting Buyer.

11.5 The Auctioneer may offer the Lot to the underbidder or any other party without further notice to the defaulting Buyer.

 

12 RISK, TITLE & INSURANCE

12.1 Risk in the Lot passes to the Buyer immediately upon the close of the Auction.

12.2 Title does not pass until the Purchase Price and all other monies payable have been received in cleared funds.

12.3 Buyers are strongly encouraged to arrange insurance immediately following a successful purchase.

12.4 Sellers must maintain insurance over the Lot until settlement has been completed.

13.1 Every Lot is sold strictly "As Is, Where Is" with all faults, defects and imperfections, whether known or unknown.

13.2 Unless expressly stated otherwise:

• vehicles are sold unregistered;
• vehicles are not sold with a Roadworthy Certificate;
• vehicles are offered as collector vehicles rather than as ordinary daily transport.

13.3 Catalogue descriptions, photographs, videos and commentary are provided solely for general information.

13.4 Vehicle descriptions, catalogue commentary, estimates, photographs and videos are provided to assist prospective Buyers and are statements of opinion only. They do not constitute warranties, guarantees or representations that form part of the Contract of Sale unless expressly stated in writing.

Vehicle descriptions may incorporate information supplied by:

• the Seller;
• previous owners;
• manufacturers;
• registration authorities;
• clubs;
• published reference material;
• independent reports; and
• other third-party sources.

13.5 The Auctioneer does not dismantle, mechanically inspect, compression test, road test, lift, diagnose or otherwise independently verify the mechanical or structural condition of any Lot.

13.6 Vehicles displayed within the Chicane Auctions showroom remain static display vehicles. Except where required for repositioning by authorised Chicane staff, vehicles are generally not driven, road tested or mechanically assessed by the Auctioneer.

13.7 Any statement concerning originality, authenticity, matching numbers, mileage, provenance or condition represents an opinion based upon the information reasonably available at the time of publication and should not be relied upon as a warranty or guarantee.

13.8 Buyers are solely responsible for satisfying themselves regarding:

• authenticity;
• originality;
• condition;
• mechanical operation;
• title;
• value;
• suitability;
• compliance with applicable laws;
• and any other matter affecting the Lot.

13.9 The Buyer acknowledges that failure to inspect a Lot before bidding does not affect the validity of the Contract of Sale.

13.10 Reliance on Independent Judgment

The Buyer acknowledges and agrees that their decision to bid for or purchase any Lot has been made solely upon the Buyer's own inspection, enquiries, investigations and independent judgment. The Buyer confirms that they have not relied upon any representation, opinion, estimate or statement made by the Auctioneer, the Seller or their representatives as a contractual warranty or guarantee, except where expressly stated in writing as forming part of the Contract of Sale.

13.11 No Mechanical Inspection by Auctioneer

The Buyer acknowledges that the Auctioneer is engaged solely to market and conduct the Auction on behalf of the Seller. Unless expressly stated otherwise, the Auctioneer has not dismantled, mechanically inspected, compression tested, road tested or independently verified the mechanical, structural or operational condition of any Lot.

 

14 INSPECTIONS

14.1 Inspection prior to bidding is strongly encouraged.

14.2 Inspections are strictly by appointment.

14.3 Vehicles remain static showroom display vehicles unless otherwise authorised.

14.4 Buyers, Bidders and visitors must not:

• start engines;
• drive vehicles;
• move vehicles;
• operate controls;
• remove components.

14.5 Only authorised representatives of the Auctioneer may operate or move any vehicle.

14.6 The Seller or Auctioneer may refuse an inspection without giving reasons.

 

15 COLLECTION

15.1 Following settlement, collection must occur within the timeframe advised by the Auctioneer or Seller.

15.2 Storage charges may apply where collection is delayed.

15.3 Transport remains entirely the Buyer's responsibility unless otherwise agreed.

15.4 Any damage occurring during transport remains the Buyer's responsibility.

 

16 AUCTIONEER'S RESERVED RIGHTS

16.1 The Auctioneer reserves the right, at any time and acting reasonably, to:

• refuse registration of any person;
• refuse admission to any Auction;
• suspend or terminate bidder accounts;
• reject, cancel or remove any bid;
• declare any bid invalid;
• withdraw any Lot;
• amend any catalogue description;
• correct clerical or technical errors;
• pause, suspend, extend or recommence an Auction;
• relist any Lot;
• combine or separate Lots;
• negotiate post-auction sales;
• sell any Lot by private treaty following an Auction;
• take any action reasonably necessary to preserve the integrity, fairness and orderly conduct of the Auction.

16.2 The Auctioneer may, acting reasonably and at any time before completion of the sale:

• reject, cancel or remove any bid;
• declare any bid invalid;
• suspend or permanently prohibit any Bidder;
• refuse participation in any Auction;
• pause, recommence or extend an Auction;
• withdraw or relist any Lot;
• correct any clerical, administrative or technical error;
• take any action reasonably necessary to preserve the integrity, fairness and orderly conduct of the Auction.

16.3 The Auctioneer is under no obligation to disclose the reasons for exercising any power under this clause.

The Auctioneer's decisions concerning the administration of an Auction are final.

 

17 ONLINE PLATFORM

17.1 Auctions are conducted via an online bidding platform.

17.2 The Auctioneer does not guarantee uninterrupted access.

17.3 The Auctioneer accepts no liability arising from:

• internet outages;
• server failures;
• browser incompatibility;
• software malfunction;
• telecommunications failure;
• delays in transmission;
• failed notifications.

17.4 Bidders are responsible for ensuring they maintain adequate internet connectivity throughout the Auction.

17.5 The Auctioneer's electronic records are conclusive evidence of all bidding activity.

 

18 PRIVACY & COMMUNICATION

18.1 By registering or participating in an Auction the Bidder consents to being contacted by:

• the Auctioneer;
• the Seller;
• appointed representatives;
• transport providers;
• finance providers;
• settlement agents,

where reasonably necessary to facilitate:

• bidder verification;
• reserve negotiations;
• settlement;
• delivery;
• post-auction sales;
• customer service.

18.2 Personal information will be handled in accordance with applicable Australian privacy legislation and the Chicane Auctions Privacy Policy.

 

19 AUSTRALIAN CONSUMER LAW

19.1 Nothing in these Terms excludes, restricts or modifies any rights that cannot lawfully be excluded under the Competition and Consumer Act 2010 (Cth) or any other applicable legislation.

19.2 Where permitted by law, statutory warranties and guarantees that do not apply to auction sales are expressly excluded.

 

20 LIMITATION OF LIABILITY

20.1 To the fullest extent permitted by law, the Auctioneer shall not be liable for any direct, indirect, incidental, consequential or economic loss arising from:

• participation in an Auction;
• the purchase or sale of any Lot;
• reliance upon catalogue descriptions;
• mechanical failure;
• transport;
• storage;
• title disputes between Buyer and Seller;
• internet or technical failures.

20.2 The Auctioneer's liability, where it cannot be excluded by law, is limited to the maximum extent permitted by law.

 

21 GOVERNING LAW

21.1 These Terms and Conditions are governed by the laws of Victoria, Australia.

21.2 The parties submit to the exclusive jurisdiction of the Courts of Victoria and any court exercising appellate jurisdiction therefrom.

 

22 GENERAL

22.1 If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

22.2 No failure or delay by the Auctioneer in exercising any right under these Terms constitutes a waiver of that right.

22.3 These Terms constitute the entire agreement between the Buyer, Seller and Auctioneer in relation to any Auction and supersede all previous understandings relating to that Auction.

22.4 The Auctioneer may amend these Terms and Conditions from time to time. The version published on the Chicane Auctions website at the time an Auction commences will apply to that Auction unless otherwise stated.

22.5 By registering, bidding or participating in an Auction, each Bidder acknowledges that they have read, understood and agree to be bound by these Terms and Conditions.

Our contact details are as follows: Chicane Classic Cars Pty Ltd 5/67 Industrial Drive, Braeside Vic. 3195 ACN – 636 736 448