1. CONTRACTUAL RELATIONSHIPS

(a) These Seller’s Terms & Conditions of Business constitute the entire contractual relationship between Mechle.com and the Seller.

(b) Mechle.com acts as agent for the Seller in relation to the sale of a lot (except where it is expressly stated in writing to be selling as principal) and is not responsible for any default by the Seller to the Buyer. A sale contract is deemed made directly between the Seller and the Buyer.

2. COMMON TERMS.

In these Seller’s Terms & Conditions of Business:

‘AUD’ means Australian dollars.

'Bidder' is any person considering, making or attempting to make a bid, by whatever means and includes a Buyer;

'Buyer' is the Bidder who makes the highest bid or offer for a lot that is accepted and includes such person's principal when bidding as agent;

'GST' means a tax payable under the GST Act;

'GST Act' means a New Tax System (Goods and Services Tax) Act 1999 as amended;

'Hammer Price' is the highest bid accepted from a Bidder for a lot on the fall of the hammer;

'Mechle.com' means Mechle Pty Ltd (ACN 121 157 800);

‘On-Line Site’ means the website owned and managed by Mechle.com and called “www.mechle.com”.

‘On-Line Privacy Policy/Statement’ means the Mechle.com On-Line Privacy Policy/Statement as it appears from time to time as available on the On-Line site;

'Reserve' is the minimum price at which the Seller has agreed to sell a lot, which is at all times disclosed;

‘Sale Proceeds’ means the net amount payable to the Seller by Mechle.com, being the Hammer Price less the Seller’s Premium (if any) together with any other amount payable to Mechle.com by the Seller in whatever capacity and howsoever arising, whether in relation to these Conditions or otherwise;

'Seller' is the person offering a lot for sale through Mechle.com (including any agent, executors, administrators or personal representatives);

'Seller's Premium' is the commission payable by the Seller on the Hammer Price at the rate of ten (10) per cent in accordance with Clause 13;

‘Storage Fee’ is the AUD $50.00 (inclusive of GST) fee per month or part thereof payable by the Seller for storage and handling for unsold lots remaining in the possession of Mechle.com.

'Tax Invoice' means a tax invoice as defined in the GST Act.

3. ITEMS FOR SALE

(a) Mechle.com's sole knowledge in relation to a lot offered for sale is dependent on information provided to it by the Seller.

(b) The Seller warrants it is the absolute sole and beneficial owner of a lot submitted to Mechle.com for auction and has the full right, title and interest to it, and is free from any encumbrance, security or adverse third party interest.

(c) Mechle.com will only accept lots each of a value of not less than AUD $50.00. In case of any doubt as to the quality and standard of items, Mechle.com will carry out such necessary examinations, assessments and valuations as may be required in its absolute discretion.

(d) The Seller acknowledges that Mechle.com may use estimates on all lots offered for sale. The estimates shall not under any circumstances be interpreted to be a valuation. Professional valuations will be arranged as and when necessary in the absolute discretion of Mechle.com.

4. EXCLUSIONS AND LIMITATIONS OF LlABILITY TO SELLERS

(a) Mechle.com:

(b) Unless Mechle.com owns a lot offered for sale, it is not responsible for any breach of these conditions by the Seller.

(c) The Seller agrees to indemnify, and hold harmless Mechle.com and its officers, directors, owners, agents and employees (collectively the “Indemnified Parties”) from and against all claims, actions, losses, damages, liabilities, fees and expenses (including legal fees) incurred or suffered or to be incurred or suffered by the Indemnified Parties in connection with any claim, demand, action or suit arising under this Clause 4 or arising out of or resulting from the use of or inability to use the online auction services, or any breach of these Sellers Terms and Conditions (including without limitation any breach of warranty or condition).

5. BIDDING AT AUCTION

(a) The Seller acknowledges that all Bidders are personally liable for their bid and are jointly and severally liable with their principal if bidding as agent.

(b) Mechle.com has the absolute discretion, at the end of the auction bidding time to further extend the bidding time by intervals of four (4) minutes each after each active bid and shall continue to further extend the time by four (4) minute intervals until all online bidding on the lot stops and the lot is sold on the fall of the hammer.

6. CONDUCT OF THE AUCTION

(a) All bids for lots placed on Mechle.com are disclosed and are visible to those who access the On-Line Site. The lot estimate and the reserve (if any) are also disclosed and visible. Unless otherwise specified, all lots are offered subject to a Reserve, which shall not be higher than the low presale estimate at the time of the auction as disclosed in the lot description prior to the sale of any lot.

(b) Mechle.com has the absolute discretion at any time to refuse any bid, withdraw any lot, re-offer a lot for sale (including after the fall of the hammer) if in its absolute opinion it believes there may be an error or dispute, an error in the description or mis-description of a lot, and take such necessary remedial action as it thinks fit in its absolute discretion.

(c) If Mechle.com rescinds a sale because the lot offered for auction is proved to its reasonable satisfaction to be a forgery or not consistent with its description or the claim made in relation to it and Mechle.com has accounted to the Sellers for the Sale Proceeds, the Seller must immediately refund the Sale Proceeds to Mechle.com, which will then refund the Buyer and make the lot available for collection by the Seller.

(d) If a lot offered for auction is not sold, the lot will be held by Mechle.com, at its premises or with a third party, for collection by the Seller and dealt with in accordance with the terms in Clause 6 (e), unless the Seller has made prior arrangements with Mechle.com to re-list the lot again for auction.

(e) If the Seller fails to collect a lot within ten (10) business days of the conclusion of the auction, the lot will then be stored at the Sellers expense at Mechle.com’s premises or with a third party, at its absolute discretion, and will not be released until the payment of the Storage Fee imposed by Mechle.com has been received.

(f) The Seller acknowledges that if an item is not collected in accordance with Clause 6 (e) for a period that Mechle.com considers, in its sole opinion to be un-acceptable, then Mechle.com may sell the lot, re-auction the lot or give the lot to charity at its absolute discretion.

7. INSURANCE

(a) Mechle.com maintains product liability and public risk insurance of all lots, which are in the possession of Mechle.com for the full replacement value of the estimate as disclosed on the Seller’s receipt, against fire and theft and acknowledges that nothing has been done or omitted to be done by Mechle.com which would make any policy of insurance in respect of a lot to be void or voidable or which would permit an insurer to cancel a policy or refuse or reduce a claim.

(b) The Seller must take out its own insurance (at the Seller’s expense) for any item submitted for an auction, that is estimated by Mechle.com to be in excess of AUD $15,000.00.

8. RETURN OF GOODS

You can read more about the Mechle.com returns policy under the link Mechle.com Online Auctions Returns Policy

9. RISK

(a) A lot in the power, possession or custody of Mechle.com (including during transportation by employees or agents of Mechle.com) shall at all times remain at the sole risk of the Seller until the risk therein passes to the Buyer and Mechle.com shall not be liable for any claims relating to such lots.

(b) The Seller shall not make any claims against Mechle.com in respect of any loss of or damage to any lots submitted by the Seller and the Seller indemnifies Mechle.com in this regard.

10. PAYMENT TO THE SELLER

(a) Mechle.com is only liable to the Seller for payment of the Sale Proceeds if Mechle.com has received payment (in clear funds) from the Buyer.

(b) If Mechle.com has received payment from the Buyer (in clear funds) then Mechle.com shall pay the Sale Proceeds to the Seller not later than thirty (30) days after receipt of such funds. Payment shall be made by direct credit into the Sellers nominated account at the Seller’s risk.

11. GENERAL

(a) All images and other materials produced for the auction of a lot are the copyright of Mechle.com and for use by Mechle.com at its discretion.

(b) Notices addressed to Mechle.com shall be in writing and addressed to the address of Mechle.com as published from time to time.

(d) These Seller’s Terms and Conditions of Business are not assignable and are binding on the Seller’s executors, administrators, successors, and legal personal representatives.

(e) No act, omission or delay by Mechle.com shall be deemed a waiver or release of any of its rights or the rights of the Seller.

(f) Mechle.com reserves the right to charge the Seller any bank fees, transaction fees, exchange rate fees, credit card fees or any other like charges or fees that may be incurred by Mechle.com in relation to any transaction.

(g) These Seller’s Terms and Conditions set out the entire agreement and understanding between the parties with respect to its subject matter and it has not been entered into in reliance on any representation, warranty or undertaking which is not expressly referred herein.

12. GOVERNING LAW AND JURISDICTION

These Seller’s Terms and Conditions of Business and all matters, transactions or disputes to which they relate or apply shall be governed, interpreted and adjudicated in accordance with the laws of and in the Courts of the State of New South Wales, Australia (which shall have exclusive jurisdiction).

Service of Process: The Seller hereby irrevocably consents to the service of Court process or any other documents in connection with any proceedings issued by Mechle.com in any court by facsimile transmission or by prepaid post to the last address of the Seller known to Mechle.com.

13. SELLER’S PREMIUM

A Sellers Premium applies to each lot sold.

14. PRIVACY

(a) Mechle.com’s On-Line Privacy Policy/Statement (as it appears from time to time) is available on the On-Line Site. Mechle.com will take all reasonable steps to abide by this policy and all users of the On-Line Site hereby agree to its Terms and Conditions and agree to act in accordance with the policy when using this On-Line Site.

(b) By accepting these Seller’s Terms and Conditions the Seller consents to the following:

15. PROCESSING AND TECHNOLOGY ERRORS

In addition to Mechle.com’s absolute discretion contained in Clause 6 (b), if in the event of errors in processing and/or On-Line Site downtime or any other errors or delays caused to the On-Line Site and/ or services as a result of unforeseen technological difficulties associated with Mechle.com servers, data hosting centres, internet service providers or any other reason whatsoever, Mechle.com hereby reserves the right to:

(a) decide (prior to or after the original time set for conclusion of the online auction) to extend an online auction for a period of time (determined at its discretion); and/or;

(b) decide (prior to or after the original time set for conclusion of the online auction) to re-open an online auction for a period of time - to be determined at its discretion; and/or;

(c) retract any Bidder’s emails which may have been sent out to bidders prior to or following (as the case may be) the conclusion of an online auction; and/or;

(d) amend at any time prior to or during an online auction, the reserve allocated to an item for sale online, but only so as to correct any errors due to processing or technological fault; and/or;

(e) void the entire On-Line Site auction transaction and open the On-Line Site auction again at the original start prices.

(f) In any of the decisions taken by Mechle.com as provided for in this Clause 15, the Mechle.com shall not under any circumstances be liable to the Seller for any consequential losses, costs or any other amount on account of damages or losses whatsoever.

16. CHANGES TO TERMS AND CONDITIONS

Mechle.com reserves the right, at its absolute discretion, to change, modify, add or remove any portion of these Sellers Terms and Conditions, in whole or in part, at any time without any notice. Changes in theses terms and conditions of use will be posted to the On-Line Site. Seller agrees to read these Terms and Conditions of use and to become aware of any changes. Sellers continued use of the Mechle.com On-Line Site after any changes to these Seller’s Terms and Conditions of use are posted to it constitutes acceptance of those changes.