Terms & Conditions

ChicaneAuctions.com.au is owned & operated by Chicane Classic Cars Pty Ltd. Auction Endorsed - MCT-0011962

A Buyers Premium of 6.5% (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.

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-00111962. 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

In these terms and conditions, unless the context otherwise requires or implies:

  • Auctioneer means ChicaneAuctions.com.au / Chicane Classic Cars Pty Ltd. and any of its associated and duly appointed employees, servants and agents.
  • Auction Sale means the auction of all or any of the Lots listed in an Auction Catalogue.
  • Australian Consumer Law means the Australian Consumer Law set out in Schedule Two of the Competition and Consumer Act 2010 (Cth).
  • Bidder means an individual that registers online.
  • Buyer means the successful bidder for a Lot, as determined by the Auctioneer.
  • Buyer’s Premium means a percentage of the purchase price. Currently set at 6.5% Including GST. The Buyer’s Premium is payable by the Buyer to the Auctioneer, separate to the Winning Auction Purchase Price which is to be paid to the Seller unless otherwise stated. All items are in Australian Dollars - $ AUD.
  • Catalogue means a list containing some or all of the Lots available and provided by the Auctioneer from time to time.
  • General Items means any goods which are not motor vehicles.
  • GST means the goods and service tax as imposed by the GST Act. GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth).
  • Loss means any claim, delay, loss, liability, damage, expense, penalty, outgoing or cost whatsoever and however arising, whether present, unascertained, immediate, future or contingent and includes indirect and consequential losses.
  • Lot means any goods available for purchase at the Auction Sale.
  • Motor Vehicle means any vehicle that is built to be propelled by a motor that forms part of the vehicle.
  • Purchase Price means the highest bid accepted by the Auctioneer for a Lot.
  • Payment Processor means the company ‘Stripe’ who acts as the Credit Card Payment transaction provider.
  • Seller means the owner of a Lot or the person authorising the Auctioneer to assist sell that Lot on the owner’s behalf.
  • Stripe means Stripe Financial Service a third party payment provider.
  • Taxable Supply has the meaning given to that term by the GST Law.
  • Tax Invoice means a tax invoice as defined in the GST Act.
  • Unregistered means a Motor Vehicle or Motorcycle is sold without any Australian State registration.
  • Vendor means the seller / owner of a Lot or the person authorising the Auctioneer to assist sell that Lot on the owner’s behalf.

2. Auction Contract Particulars

  • a. The Auctioneer is acting as an agent for the Seller.
  • b. The sale contract for the purchase of a Lot is made directly between the Seller and the Buyer.
  • c. The Catalogue, the Buyers identification form and these terms and conditions constitute the entire relationship between the Auctioneer, the Seller and the Purchaser.
  • d. If any dispute arises in relation to a Lot, the dispute is between the Buyer and the Seller. The Buyer and the Seller agree to release the Auctioneer from any claim, action, or legal proceeding in respect of that Lot and to indemnify the Auctioneer, on a full indemnity basis, from all liability, including all costs incurred by it in relation to any such claim.

3. Registration and Bidding

  • a. All Bidders must be 18 years of age or older.
  • b. All Bidders must register to bid at the Auction by providing the Auctioneer with their full name, residential address, email, mobile Phone number & register credit card details. Registration must take place prior to the completion of the Auction Sale.
  • c. Upon registration all Bidders agree to be bound by these Terms and Conditions or any other terms set out by the Auctioneer.
  • d. If a Bidder does not register, the Auctioneer may choose not to accept their bid.
  • e. A Bidder will be deemed to be bidding on his or her own behalf.
  • f. A Bidder who makes a bid is making an offer to purchase the Lot at the price of his or her bid.
  • g. A bid cannot be withdrawn.
  • h. Subject to any reserve price, and at the sole discretion of the Auctioneer, the highest Bidder who is not in breach of these Terms and Conditions or any other terms set out by the Auctioneer, will be the Buyer.
  • i. The recording of the Buyer’s details by the Auctioneer or its clerk is binding on the Buyer, and is prima facie evidence that the Buyer has agreed to purchase the Lot.
  • j. If you are the Buyer you must pay the Purchase Price and Buyer’s Premium in accordance upon terms as stated in paragraph 7 hereto.
  • k. All Lots are bided on and purchased on an ‘as is, where is’ basis.

4. Procedures

  • a. All bidding will start at a specified time and starting price as determined by the Auctioneer. All specified times will be Australian Eastern Standard Time unless otherwise notified in the Catalogue.
  • b. All bids are to be increased by increments as determined by the Auctioneer and shall be in Australian dollars.
  • c. The Auctioneer may close any Auction Sale before the scheduled time.
  • d. It is the responsibility of the Bidder to monitor all bids in the Auction Sale in which they are participating.
  • e. If a reserve price is not achieved at the end of the Auction Sale for a Lot, the Auctioneer may contact any of the bidders for that Lot.
  • f. The Auction Sale for any individual Lot closes at the specified time on the proviso that no new bids have been received immediately preceding the specified time. Should any successful bids be received within the closing specified time then the auction will continue until no successful bids are made within that period of time that is two minutes from the last successful bid (“the Extended Time”). The Auctioneer accepts no responsibility for any matters arising out any variations that may occur in, to or during the extended time period.
  • g. The Buyer will be notified of any successful winning bid together with the Lot number and Buyers Premium payment will be taken directly from the bidders supplied Bank card & processed by our Payment Provider ‘STRIPE’ – stripe.com . The Buyer shall be provided with a Tax Invoice for the Buyers Commission amount.
  • h. The Vendor may choose a starting bid price, from where to conduct the auction start from.

5. Online Bidding
Bidders acknowledge and agree:

  • a. that the Auctioneer is not responsible for bids that were not processed due to technical problems and/or delays;
  • b. that they will not make any claims against the Auctioneer from any loss or damage arising as a result of the use of the online bidding process, including but not limited to, losses resulting from errors or problems on the internet, service or any issues beyond the Auctioneers’ control or losses arising from Bidder’s use of or inability to use the service;
  • c. that the Auctioneer cannot prevent inappropriate use of the system or bidder information stored in the system; and
  • d. that the bidder cannot withdraw his or her bid and place a lower bid.

6. Reserve Prices and Seller’s Bids

  • a. The auction of a Lot may be subject to a reserve price specified to the Auctioneer by the Seller.
  • b. The Auctioneer may bid for any prospective purchaser with or without disclosure and any such bid, if the highest bid, will be sufficiently evidenced if recorded by the Auctioneer.
  • c. The Seller may place a reserve price (“Reserve”) on any Lot prior to the Auction and once placed by the Seller, it may not be changed without the written consent of the Auctioneer. All Lots will be sold without Reserve unless a Reserve has been agreed by the Auctioneer in writing.
  • e. Where a Reserve has been agreed, only the Auctioneer may bid on behalf of the Seller. If the Seller makes such bid, then the Auctioneer may knock the Lot down to the Seller without observing any Reserve and the Seller shall pay to the Auctioneer the Buyer’s Premium in addition to the Seller’s Commission and Expenses.
  • f. Where a Reserve is agreed, the Auctioneer may at its sole discretion sell a Lot for less than the Reserve but shall account to the Seller as if the Lot had been sold for the Reserve.
  • g. Where no Reserve has been placed, the Seller may bid either personally or through the agency of any person.
  • h. If no Reserve has been placed on a Lot, the Auctioneer shall not be held liable should the Lot be purchased for a price below any lowest estimated selling price of the Lot given in any Catalogue.

7. Risk Falls With The Hammer

  • a. The Buyer assumes all risk in relation to a Lot from the fall of the hammer in respect of that Lot, and neither the Auctioneer nor the Seller will be accountable for any deficiency damage or loss to the Lot which may arise, occur, or become apparent thereafter.
  • b. The Buyer agrees to release and indemnify the Auctioneer and Seller from any claim, action, or legal proceeding in respect of any such deficiency or damage and to indemnify the Auctioneer, on a full indemnity basis, from all liability, including all costs incurred by it in relation to any such claim.
  • c. Only on payment of the Purchase Price in cleared funds shall title in the Lot pass from the Seller to the Buyer. It is therefore the responsibility of the Seller to insure the Lot before the Lot is sold and the responsibility of the Buyer to insure the Lot after the Lot is sold.

8. Payment upon completion of sale

  • a. The Buyer is not entitled to take possession of the Lot until the Purchase Price and Buyer’s Premium has been paid in full with clear funds in the Auctioneer & Seller bank accounts. Upon payment, the buyer is wholly liable for the Lot and should organise Insurance coverage immediately after payment and before taking possession.
  • b. The Buyer of a Lot must pay the Buyer’s Premium and Purchase Price in full, upon completion of the Auction Sale & within 7 Days.
  • c. The Buyer will pay the Buyers Premium instantly upon winning any Auction lot with supplied Credit Car Details through our payment processor Stripe.
  • d. Payment of the above must be paid to the Auctioneer in Australian dollars.
  • e. In the event of late payment the Auctioneer reserves the right cancel any & all buyers rights to the Auction Lot.
  • f. If the Buyer fails to complete the purchase, any money which has been paid as Buyers Premium will be forfeited to the Auctioneer. If the Buyer does not pay the Seller the purchase price for the Lot by the time specified in clause 8.b, the Seller may sell the Lot by private treaty to the next highest Bidder. The Seller may also bring an action against the Buyer to recover the balance of any amount not paid under the initial winning bid.
  • g. A Buyer that has defaulted on a payment obligation for the purchase of the Lot under these Terms and Conditions does not have any interest (legal, equitable or otherwise) in the Lot, or any cause of action against the Vendor or Auctioneer.

9. Removal of a Lot

  • a. No Lot may be removed by the Seller or the Purchaser during the Auction Sale without the express consent of the Auctioneer.
  • b. The Auction Sale will be deemed complete after all of the Lots listed in the auction catalogue have auctioned, irrespective of whether or not all Lots have been sold.
  • c. Subject to clause 14 and the successful full cleared payment, the Buyer must remove the Lot from the Sellers sale point immediately after the completion or otherwise agreed by the seller.
  • d. If the Buyer does not remove the Lot as in clause 9.c the Seller may remove the Lot from the sale point and store it in an alternate location. The Buyer is required to pay all reasonable costs incurred with alternate location.
  • e. The Buyer will be strictly liable for any damage to the lot, or other goods, caused by the removal of any Lot from the sale point.
  • f. The Buyer is responsible for all costs, fees and charges for collection of the Lot from the sale point.

10. Title of the Lot

  • a. The Seller represents and warrants to the Buyer and the Auctioneer that at the time of delivery of a Lot:
  •     1. it has good title to the Lot;
  •     2. it has proper authority to sell the Lot; and
  •     3. there are no undisclosed encumbrances, liens or security interests (as defined in the Personal Property Securities Act 2010 (Cth)) over the Lot.
  • b. The Seller acknowledges that the Auctioneer relies on this representation and warranty in auctioning the Lot on behalf of the Seller.
  • c. The Buyer acknowledges that it is its responsibility to conduct a search of the Personal Property Securities Register and that search must be undertaken no earlier than the day prior to the day it bids for the Lot to ensure that there is no undisclosed encumbrance over the Lot.
  • d. The Buyer acknowledges that any guarantee is given by the Seller.
  • e. If, subsequent to the fall of the hammer but before the delivery of a Lot, the Auctioneer becomes aware that the Seller does not have good title to the Lot sold, the Auctioneer has the discretion to cancel the sale of that Lot & refund the Buyers Premium to the buyer. The Buyer agrees that it will not make a claim against the Auctioneer in such an instance. If it does so, it agrees to indemnify the Auctioneer from any, and all, costs, on a full indemnity basis that the Auctioneer incurs as a result.
  • f. Title in any Lot does not pass until the Purchase Price and Buyer’s Premium (and if applicable, any other Governmental charges or fees payable pursuant to these Terms and Conditions, including, but not limited to any taxes, levies, duties, imposts, deductions and charges) has been paid in full.
  • g. Any guarantee made by the Seller or Auctioneer under this clause 10 is in addition to and is not intended to replace or detract from any rights or remedies a Buyer may have under the Australian Consumer Law or any other applicable laws.

11. Rights Reserved

  • a. The Auctioneer and/or Seller reserve their right to withdraw any Lot or Lots listed in the Catalogue from the Auction Sale;
  • b. The Auctioneer reserves its rights:
  •   1. to offer for sale part only of any Lot listed in a Catalogue;
      2. to offer two or more separate Lots listed in a Catalogue for sale together as one Lot and if that Lot is not sold, to offer those Lots for auction as separate Lots;
       3. to refuse any person admission to or eject them from the sale point;
  • d. to not disclose the existence and/or quantum of the reserve price (if any) of a Lot prior to the close of bidding or withdrawal of the Lot;
  • e. in the event that any Buyer successfully bids for more than one Lot at the Auction Sale:
  •    1. to allocate any monies received from that Buyer between the Lots as it sees fit; and
  •    2. to regard the sale of multiple Lots as interdependent and treat default under a contract for either Lot as
  •    3. to (whether or not a Lot has been knocked down as sold) in its sole discretion resubmit it for sale by auction at the Auction Sale in progress or as soon as practicable thereafter; and
  • g. to offer and sell a Lot that is not sold at an Auction Sale immediately thereafter by private agreement. Any such private agreement is also subject to these conditions unless otherwise agreed in writing by the Auctioneer.

12. Buyer Acknowledgements and Consumer Guarantees

The Buyer acknowledges that the consumer guarantees stipulated in sections 54, 55, 56, 57, 58 and 59 of the Australian Consumer Law do not apply to the sale of goods by auction. As a result, the Auctioneer and the Seller make no warranties and give no guarantees regarding:

  • a. the goods being of acceptable quality;
  • b. the goods being fit for any disclosed purpose or any purpose for which the supplier represents they are fit;
  • c. the goods matching their description or corresponding to any sample or demonstration model;
  • d. the availability of repairs or spare parts for the goods; or
  • e. express warranties in respect of the goods made by the manufacturer being complied with

Nothing in this clause 12 or any other provision of these Terms and Conditions should be interpreted as attempting to exclude, restrict or modify the application of any applicable provisions of the Australian Consumer Law, or the liability of the Auctioneer or the Seller for failing to comply with these provisions of the Australian Consumer Law or the right of a consumer to make a claim in respect of these guarantees or under any other provision of the Australian Consumer Law.

13. Limitation of liability

Where the Buyer suffers Loss as a result of its purchase of any Lot and:

  • a. the goods forming part of a Lot; or
  • b. the Buyer suffers the Loss other than as a result of any breach by the Seller or the Auctioneer of the consumer guarantee or other similar provision of the Australian Consumer Law; then, subject to any other laws which may apply and may not be excluded, or in respect of which liability cannot be limited by these Terms and Conditions, the Seller and the Auctioneer will not be liable for any such Loss suffered by the Buyer. This clause applies even if the Seller and/or the Auctioneer knew or ought to have known that the relevant Loss would be suffered.

14. Finance

The Buyer expressly acknowledges and warrants to the Auctioneer and to the Seller that prior to making an offer or bid for a Lot or successfully negotiating the purchase of a Lot by private agreement, that he or she has the either cash resources immediately available to complete the purchase or has obtained approval for financial assistance on reasonable terms which are satisfactory to the Buyer.

 20. Condition of Lot

The Bidder accepts the Lot is offered for sale ‘as is, where is’ with all defects and faults (if any) and is not subject to a cooling off period.

  • a. The Auctioneer does not warrant or give any guarantee as to the condition or age of any Lot, or that any Lot is authentic, genuine, suitable, fit for purpose or of merchantable quality.
  • b. The Bidder acknowledges that any information provided by the Auctioneer in relation to any Lot:
    • 1. reflects the information provided to the Auctioneer by the Vendor; and
    • 2. has not been independently verified by the Auctioneer for completeness or accuracy.
  • c. The Auctioneer is not liable for any loss, damage, cost or expense suffered or incurred by the Buyer arising out of or in connection with incorrect, incomplete or error in information provided about any Lot that the Auctioneer did not know, or had no reasonable cause to suspect that the information was incorrect or incomplete.
  • d. The Buyer must satisfy themselves by conducting their own inspection, enquiries and investigation as to the nature and condition of the lot(s) offered for sale.

21. Inspections of Lots

Inspection of Auction Lots before bidding on any Lot is highly encouraged by Chicane Auctions. Appointment for Lot inspection can be organised with the Seller at an agreed time. Motor Vehicles or Motorcycles may NOT be started or moved unless express permission is given by the Seller. The Seller has the right to refuse an inspection.

22. Buyers Premium

A buyer’s premium of 6.5% will be applied above the final auction price of all motor vehicles.

This means that for every $10,000 purchase price an additional $650 Buyers Premium will be applied. ( $50,000 Purchase incurs a $3,250 Buyers Premium = $53,250 out of pocket cost )

These Buyers Premiums include GST.

When you first bid on an Auction Lot, our third-party payment provider, Stripe, will put a hold on your credit or debit card for the fee that would be payable if you are the successful bidder, equivalent to the fee payable on that bid amount. You will be providing credit or debit card information directly to Stripe, which operates a secure server to process payment details, encrypting and tokenising your credit/debit card information, processing any pre-authorisations and authorising payment. By registering to make payment to us using Stripe, you confirm that you accept and agree to be bound by Stripe’s terms and acknowledge that they constitute a legally binding contract between Stripe and you.

The fee will be processed by Stripe Australia on our behalf. Please visit: stripe.com/au

Bidding Hold Information - https://stripe.com/docs/payments/place-a-hold-on-a-payment-method

Your credit card or debit card will only be charged if you are successful in Winning the auction in which case immediate payment shall be taken by Chicane Classic Cars for our fees. The fees payable to Chicane Classic Cars are non-refundable; your legal rights as a consumer or, if you reside in Australia, as an Australian Consumer under Australian Consumer Law, are not affected. Stripe will encrypt and tokenise your credit/debit card information that you supply, and you agree to allow Stripe to pre-authorise any amount applicable to the fees payable to us by the Buyer with the highest bid, which are automatically payable upon you winning an auction, and you will authorise the processing of the payment of the fees to us at that time. It is your responsibility to ensure there are sufficient funds available regardless of any pre-authorisation. If any payment is declined, your bid may be cancelled by us. We will continue to pursue payment via Stripe until the entire fee has been paid. If Stripe are unable to take the fee payable from your credit or debit card then you must, within 24 hours of the auction ending, make payment of the outstanding amount immediately during normal banking hours to such bank account as we shall specify. If we do not receive this fee within 24 hours of the auction ending, or if you as the successful Buyer fail to complete the purchase of the Auction Lot for any reason other than the default of the Seller, or lawful cancellation or termination of the purchase contract, we will assist the Seller to attempt to sell the Auction Lot to an underbidder, the fees payable to Chicane Classic Cars will remain payable.

The fees for our service will be charged in Australian dollars (AU$) and are exclusive of GST (if chargeable). All applicable sales tax or similar tax is to be paid in addition to and at the same time as the fees referred to. You are responsible for paying all the applicable taxes in the region. We and our payment processor cannot be held liable for any tax liabilities you incur as part of any transaction.

23. Bid Increments

  • $250       $0 –$500,000+

24. Photography & Illustrations

The Seller permits the Auctioneer without payment to photograph or video and make illustrations of any Lot and to use at its discretion any photograph or illustration of or in respect of a Lot supplied by the Seller, whether or not in conjunction with the Auction. The copyright in all photographs taken and illustrations made of any Lot by or on behalf of the Auctioneer shall be the absolute property of the Auctioneer.

25. Descriptions & Estimates

Chicane Classic Cars Pty Ltd make no warranty or representation as to the anticipated or likely selling price of any Lot. Any estimate given by the Auctioneer, whether written or oral and whether or not printed in any Catalogue or Advertising for the Auction, as to the estimated selling price of any Lot is a statement of opinion only and may be subject to revision from time to time at the Auctioneer sole discretion and should not be relied upon as an indication of the actual selling price.

The Auctioneer shall not be liable to the Seller for any error or mis-statement in or omission from the description of any Lot in any Catalogue or Advertising where:-

  • a. The Auctioneer have been provided with such description by the Seller or any person on his behalf; or
  • b. The Auctioneer have provided the Seller with a copy of such description prior to publication of the catalogue and neither the Seller nor any person on his behalf have notified the Auctioneer in writing within seven days of any error or mis-statement in or omission from the description
  • a. Any Motor Vehicle is sold as a collector’s item and not as a means of transport. Buyers are specifically warned that any vehicle sold as such may well have had parts replaced and paint renewed or be made up of parts from other vehicles the condition of which may be difficult to establish. Chicane Classic Cars Pty Ltd has to rely on information as to date, condition authenticity, maintenance, repairs and restoration provided by Sellers and does not, and cannot, undertake its own inspection of vehicles or other Lots to establish whether the vehicle or other Lot conforms with the description in the catalogue. It is the responsibility of the Buyer to carry out such inspection as he thinks necessary. Unless a vehicle is described as wholly original, the Buyer may not assume that all or any part of it is original
  • b. No warranty is given by Chicane Classic Cars Pty Ltd as to the accuracy of the description of any Lot in any Catalogue or as to the age, authenticity, suitability, provenance, motor vehicle numbers, attribution, origin, condition, fitness for purpose, merchantable or satisfactory quality of any Lot or roadworthiness of any Motor Vehicle.
  • c. Chicane Classic Cars Pty Ltd has no duty to the Buyer to investigate the accuracy of the description of any Lot provided by or on behalf of the Seller.

26. General

Chicane Classic Cars Pty Ltd collects, holds, uses and discloses personal information in accordance with the Chicane Classic Cars Pty Ltd – Privacy Statement, available at https://chicanes.com.au/privacy-policy-2/

The Bidder is responsible for identifying whether any Lot it intends to bid on for export out of Australia is subject to the Protection of Movable Cultural Heritage Act 1986 (Cth) (PMCH Act). The Vendor and Auctioneer do not make any representation about whether the PMCH Act applies to any Lot. The Buyer is not permitted to avoid the purchase of the Lot because they did not know the Lot was subject to the PMCH Act.

If a Bidding Agent purchases a Lot, then within two (2) Business Days from when the Auction ends the principal must:

  • a. ratify the agency;
  • b. pay the purchase price and Buyer’s Premium; and
  • c. agree with the Auctioneer to be bound by every term, condition or other stipulation applicable to the Auction as if the principal were the Bidder.

Nothing in these Terms and Conditions is intended to limit or exclude, or does limit or exclude:

  • a. the consumer guarantees provided under the Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law);

CONTACT DETAILS

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