The rules applying to each of the above sales categories are below.
Rules regarding payment and delivery are also set out below.
AGREEMENT TO OBSERVE AND BE BOUND BY THESE TRANSACTION RULES
By registering on Motobidder.com web site (“Website”), you agree to observe and be bound by these Transaction Rules and acknowledge that these Transaction Rules form part of your contract with Motobidder.com Pty Ltd (“MotoBidder”)
By placing a bid, you are entering into a legal binding contract to purchase the vehicle if you win the auction. For a bid to be valid, you must complete all the mandatory fields on the web site. If another bidder makes a higher bid than you, then you will need to place a new higher bid on the vehicle to remain in the auction. When a bid is placed and less than 1 minute is remaining before the end of the auction, the auction will automatically extend for 3 minutes. Again, if another bid is placed within 1 minute of the auction end time, the auction will be automatically extended for another 3 minutes and so on.
You will win the auction if you have placed the highest bid for the relevant vehicle as at the end of the auction.
When you submit a bid you are reminded that you are entering in to a legal binding contract to purchase this vehicle if you are the highest bidder. Subject to the paragraph below, you agree not to withdraw or alter any bid you make prior to the end of the auction , (although you are permitted to make a higher bid during the auction if you choose).
MotoBidder may in its sole discretion allow a bid to be withdrawn or cancelled by you where it is satisfied that you made an error by placing a bid which is well beyond the car’s market value(as assessed by MotoBidder in its sole and absolute discretion). If you wish to withdraw or cancel your bid in the above circumstances, you MUST phone us or email us immediately to notify us of this error. MotoBidder has the sole and absolute discretion as to whether the bid may be withdrawn or cancelled.
By listing your vehicle you are agreeing to sell it to the highest bidder at, or in excess of the reserve price upon the completion of the auction. To make a valid listing of the vehicle you must complete all the mandatory fields on the Website (including the time at which the auction terminates and the Payment Terms). You will be sent an email each time your vehicle has had a bid placed, when it has hit the reserve price and at the end of the auction.
Once you have listed a vehicle to sell on the Website you are entering into a legal binding contract to sell it to the highest bidder equal to, or in excess of the reserve price. It is not ‘good practice’ to pull an auction.
If you wish to withdraw/cancel a listing you must telephone or email MotoBidder requesting our consent to terminate a listing and the reason for the request. MotoBidder may in certain circumstances and in its sole and absolute discretion allow you to terminate a listing where:
The circumstances in which MotoBidder may allow the termination of a listing are very limited (and include circumstances where a vehicle is being made available for sale through another channel at the same time that it is listed on the Website). MotoBidder will consider your request to terminate a listing and will respond as soon as possible after receiving your request.
It is your responsibility to ensure that MotoBidder has received and actioned your request before the auction end time. Motobidder is not liable for any failure on its part to receive and action your request for termination of a listing. You agree to keep MotoBidder indemnified for any claim made against it in relation to a terminated listing. You agree to pay a cancellation fee of $70 + GST if MotoBidder allows you to terminate a listing.
A seller may list a vehicle for a fixed price. A buyer may immediately buy the vehicle by making a bid at that price. If the vehicle is also listed in an auction style listing, the auction will immediately end when the Buy It Now sale is made. The seller will be immediately notified by email of the successful transaction. In all other respects, the rules regarding auction style transactions in these Transaction Rules will apply to Buy It Now transactions.
This is similar to an auction style listing except bidders are not aware of the contents of other bidders’ bids. At an appointed time the bidder who has placed the highest bid wins the auction and buys the vehicle. In all other respects, the rules regarding auction style transactions in these Transaction Rules will apply to Tender transactions.
As part of the listing process the seller will have designated the method and time period for payment for the vehicle. This payment will have to be made in the designated manner by the buyer and cleared by the appointed time.
As part of the “end of auction” process, sellers will, for the first time they go through this process, need to provide MotoBidder with their credit card details along with their consent for MotoBidder to make a claim against that credit card for its advertising fee or cancellation fee (if any) as soon as the vehicle is sold and in the future for any vehicle that may be listed and sold, or listed and cancelled, by the seller.
As part of the recovery of the administrative costs of operating the Website and providing its services, MotoBidder will charge the buyer of the vehicle a fee of $70.00 plus GST, however in order to provide the best service it can to registrants, this fee will only be payable if a buyer buys a vehicle, regardless of the method of sale (Auction, Buy It Now and/or Tender). The fee will be payable as part of the “end of auction” process. At that time, for the first time they go through this process, a buyer purchasing a vehicle will need to provide MotoBidder with their credit card details along with their consent for MotoBidder to charge that the fee against the credit card as soon as the vehicle is bought and in the future for any other vehicle bought by the buyer.
If a buyer elects to have a vehicle delivered by the transport service mentioned above, he/she must provide their credit card details so that the cost of delivery may be immediately paid in full. MotoBidder will collect these moneys for the transport provider, however, MotoBidder is not an agent, partner or joint venturer of the transport provider and the contract to provide the transport is only between the buyer and the transport provider. The buyer agrees that MotoBidder is in no way responsible for the provision or quality of the transport.
If a buyer has committed to buy a vehicle and payment is not made in the allotted time then the buyer is in breach of contract with the seller and liable to pay damages to the seller. The buyer may also be in breach of other laws which prescribe sanctions or penalties. The buyer is also in breach of its contract with MotoBidder and is liable to pay damages no less than the cost incurred by MotoBidder in reimbursing its advertising fee to the seller.
The seller may notify MotoBidder of the failure of the buyer to honour their obligation to pay. MotoBidder may place negative feed back against the buyer’s account in such circumstances. MotoBidder reserves the right to suspend or cancel the Buyer’s account at MotoBidder’s sole and absolute discretion. The seller agrees that MotoBidder is in no way liable for the failure of the buyer to meet any of the buyer’s contractual or other obligation to the seller. Nevertheless, MotoBidder will reimburse its advertising fee to the seller.
If a vehicle has been sold by the seller but the seller has not delivered the vehicle within the allotted time then the seller is in breach of contract with the buyer and liable to pay damages to the buyer. The seller may also be in breach of other laws which prescribe sanctions or penalties. The seller is also in breach of its contract with MotoBidder. The seller agrees to keep MotoBidder indemnified in respect of any claim made against it in relation to a failure by the seller to deliver the vehicle.
A buyer may notify MotoBidder of the failure of the seller to honour his obligation to deliver the vehicle. MotoBidder may place negative feed back against the seller’s account in such circumstances. MotoBidder reserves the right to suspend or cancel the Seller’s account at MotoBidder’s sole and absolute discretion. If a seller’s account is suspended or cancelled the seller may not open another account with MotoBidder under another name.
If the buyer wishes to use the delivery service which MotoBidder has arranged with a transport company, the buyer may indicate he wants to use this service by clicking the appropriate box on the web site and completing the delivery and payment details (as described above). This service is an agreement between the transport company and the buyer. MotoBidder accepts no responsibility in relation to the transport of the vehicle.
MotoBidder.com Australia is a venue which facilitates motor trade.