Site Terms & Conditions
Terms and Conditions
Intellectual property and restrictions on use of content
All information, text, material, graphics, images, photos, software and advertisements on This Site ("Content") are Copyright (c) 2008 Laws Auctions, its suppliers and/or licensors unless expressly indicated otherwise on This Site. The Content is protected by Australian and international copyright and trademark laws. Content on This Site is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third-party, post, transmit or distribute this Content in any way except as expressly provided for on This Site or expressly authorised in writing by Laws Auctions or its affiliates.
Strictly on the condition that you keep all Content intact and in the same form as presented on This Site (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may:
- using an industry-standard Web browser, download and view the Content for your personal, non-commercial use, or
- if you are an Internet service and/or access provider, supply the Content to your subscriber.
You must not use This Site in any manner or for any purpose, which is unlawful or in any manner which violates any right of Laws Auctions or an affiliate or which is prohibited by the Terms and Conditions.
Communication Facilities
This Site may from time to time contain electronic bulletin boards, chat rooms and other communication facilities, which provide for feedback to Laws Auctions by users of This Site and Laws Auctions's software. This Site may also from time to time, provide real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services ("Communication Facilities").
It is a condition of your use of these Communication Facilities and your access to This Site that you do not do any of the following:
- Restrict or inhibit any other user from using or enjoying This Site
- Post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law
- Post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder
- Post or transmit any material of any kind which contains a virus or other harmful component
- Post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising
- Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded
- Download any file posted by any other user of This Site if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner
Laws Auctions may from time to time monitor or review the contents of its Communication Facilities. Laws Auctions reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in Laws Auctions's sole discretion is in any way objectionable or in violation of any applicable law or the Terms and Conditions. Laws Auctions has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor is Laws Auctions responsible for any contents in any Communication Facilities (including any information, comments and/or advice of any individual referred to as guest or expert whose statements on This Site are solely their own). You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.
Laws Auctions reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.
User license to Laws Auctions
By placing any information or other material on This Site (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to Laws Auctions a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to do the following in respect of the information or material:
- Use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display; and
- Sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted; and
- Develop, manufacture and market products and services derived from trends contained in such information.
The foregoing grant includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favor of Laws Auctions and any other party authorised by Laws Auctions all moral rights and any similar rights in any jurisdiction, which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of Laws Auctions, you will execute and deliver to Laws Auctions such instruments and take such other actions as may be required to carry out this grant of license and waiver.
Advertising, links to third party web sites and e-commerce offers
This Site contains hyperlinks and other pointers to Internet web sites operated by third parties. These linked web sites are not under the control of Laws Auctions, and Laws Auctions is not responsible for the contents of any linked web or any hyperlink contained in a linked web site. Laws Auctions provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked web site by Laws Auctions or its affiliates. You link to any such web site entirely at your own risk.
No third party advertising (including referral buttons and embedded hyperlinks) is a recommendation or endorsement by Laws Auctions or its affiliates or their respective directors or employees. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.
Disclaimer and limitation of liability
Legislation may confer rights and remedies on you in relation to the provision by Laws Auctions of goods or services on This Site, which cannot be excluded, restricted or modified ("Non-excludable Rights"). Laws Auctions does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights:
- all Content is provided "as is" and without warranties of any kind, either express or implied, for example all images of products provided on this site are indicative only, and variations will exist between the image and the real product;
- Laws Auctions and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose;
- Laws Auctions does not warrant that the functions contained in any Content or any Communications Facility or your access to This Site will be uninterrupted or error-free, that any defects will be corrected or that This Site or the server which stores and transmits Content to you are free of viruses or any other harmful components;
- Laws Auctions does not warrant or make any representation regarding your access to, or the results of your access to, This Site (including any related or linked web sites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise; and you (and not Laws Auctions) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.
Under no circumstances (including but not limited to any act or omission on the part of Laws Auctions) will Laws Auctions or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, This Site or any Content. You expressly acknowledge and agree that
Laws Auctions does not exert control over users of This Site (including individuals referred to on This Site as guests and experts) and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.
Warranty and Indemnity
Unless specifically stated on a particular item for sale within its description, items purchased directly via This Site are sold on an 'as-is' basis without a warranty. Laws Auctions are not liable for any damages resulting from a purchase, or your visit to This Site. Also, we do not guarantee secure, continuous or uninterrupted access to This Site.
Under no circumstances can we, our affiliates or related entities be liable for any loss whatsoever which arises from your usage of This Site. You agree to accept sole responsibility for your usage of This Site. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable solicitors' fees, made by any party due to or arising out of your breach of the Terms and Conditions or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.
This limited warranty is in accordance with the following terms and conditions:
- The limited warranty extends only to the original person whom purchased the item for sale from This Site (the "Buyer") and is not assignable or transferable to any subsequent Buyer or user;
- This warranty is good only to the original Buyer of the product during the warranty period as long as it is in Australia, including Australian territories; and
- The Buyer shall bear the costs of freighting the product to Laws Auctions or a specified manufacturer or repairer.
This warranty does not cover:
- Defects or damages resulting from the use of the product in other than a normal and customary manner;
- Defects or damage from abnormal use, abnormal conditions, improper storage, exposure to moisture or dampness, unauthorised modifications, unauthorised connections, unauthorised repair, misuse, neglect, abuse, accident, alteration, improper installation, or other acts which are not the fault of Laws Auctions, including damage caused by freight, blown fuses, electrical fluctuations, spills of food or liquid;
- Goods that have been damaged in transit; this is your responsibility and you should refer your concerns to the freight company of the freight insurance company.
- Breakage or damage to the casing unless caused directly by defects in the materials or internal components;
- All plastic surfaces and all other externally exposed parts that are scratched or damaged due to normal customer use;
- Consumables (such as fuses, toners, ink cartridges, batteries etc);
- Products which have had the serial number removed or made illegible;
- Damage resulting from use of non-standard accessories;
- Goods where the security seal has been removed or tampered with in any way; and
- Any claims not received by Laws Auctions before the end of the warranty period.
This limited warranty entitles the Buyer to a full exchange or refund for the item where the Terms and Conditions are fully met.
Goods and Services Tax ("GST")
The sale overview page for each item for sale on This Site will state whether the sale price is inclusive or exclusive of GST.
For items sold at Laws Auctions voice auctions, you acknowledge and agree that:
- If the sale price is GST inclusive, the Buyer’s Premium will include GST and will be calculated as a percentage of the sale price (inclusive of GST) and payable by you at the same time as the sale price; and
- If the sale price is GST Exclusive, GST will be calculated on and added to the sale price, and the Buyer’s Premium (exclusive of GST) will be calculated on the sale price and payable by you at the same time as the sale price.
Buyers Premium
Buyers premium ("Buyers Premium") shall apply to all purchases made at Laws Auctions voice auctions. Buyers Premium will be calculated and added to the winning bid amount. This total is the amount payable by you. Buyers Premium does not apply to purchases made online directly via This Site.
Registration
Generally, you must register your details with us to purchase items for sale on This Site. To enter into this contract you must be a minimum of 18 years of age. Registration is free and does not oblige you to purchase anything. By registering and entering this contract you agree that you will not use a false or misleading name or give false or misleading information.
Products for sale on on This Site
- provide accurate descriptions to fairly reflect each item;
- pass clear title to the items to you; and
- ensure that each item for sale on This Site is available at the time of purchase.
- The items are fit for a particular purpose;
- They are able to be repaired, replaced or serviced over and above the rights which you have under vendor’s warranties;
- That we will be able to replace or exchange any of the items which are found to be defective on delivery.
Rights as Agent and/or Seller
We may withdraw and / or re-offer an item from an online sale where the item:
- Becomes unavailable due to damage;
- Or the title to or provenance of the item is disputed;
- Is withdrawn by the manufacturer, distributor or vendor;
- Has been erroneously listed twice; or
- Is incorrectly described.
- Quantities of products posted;
- Maximum number of items which you may purchase; or
- Other information about products, as deemed neccessary to ensure our service quality to our customers.
Processing and Technological Errors
In the event of errors in processing or any other errors or delays caused to This Site as a result of unforeseen technological difficulties associated with our servers, data hosting centre, internet service provider or any other reason, we hereby reserve the right to:
- Decide to re-open an item for sale online online for a period of time - to be determined at our discretion; and/or,
- Amend at any time prior to or during an online sale, the “price” allocated to an item, but only so as to correct any errors due to processing or technological fault; and/or,
- Void that entire online transaction and open the item for sale online again at the original "price."
Termination
The Terms and Conditions are effective until terminated by Laws Auctions, and Laws Auctions may terminate this agreement and your access to This Site at any time without notice. In the event of termination, you are no longer authorized to access This Site, but all restrictions imposed on you, licenses granted by you and all Laws Auctions disclaimers and limitations of liability set out in the Terms and Conditions will survive.
Trademarks of Laws Auctions and its affiliates
The trademarks listed below are trademarks of Laws Auctions or its affiliates (as indicated). All other trademarks displayed on This Site are trademarks of their respective owners. Nothing contained on This Site should be construed as granting any license or right of use of any trademark displayed on This Site without the express written permission of Laws Auctions, the relevant Laws Auctions affiliate or third-party owner.
Trademarks: Laws Auctions and the Laws Auctions logo.
General Information
Each product for sale shall be at the Buyer's risk from the time of placing an order. The Buyer shall pay, Cash, EFTPOS, Credit Card or Bank Cheque, for each sale in full prior to delivery. The Buyer shall remove each product at his/her own expense within the specified time. The Buyer may be charged per product, per day storage fees, if the item is not paid in full and collected within 72 hours of sale closing time.
If the Buyer fails to comply with any of these conditions, Laws Auctions shall be at liberty to legally persue the Buyer for recovery of the purchase monies (including Buyer's Premium and costs incured if applicable) forthwith.
The Buyer acknowledges that Laws Auctions is acting as the authorised agent of 3rd party vendors and any rights of action they may have in respect of the products purchased lie against the vendor, not Laws Auctions.
Miscellaneous
Laws Auctions relies on your continued observance of these Terms and Conditions. If Laws Auctions suffers any loss or damage or incurs any costs in connection with any breach of these Terms and Conditions or any other legal obligation then you agree to indemnify Laws Auctions for those losses, damages and costs.
This agreement will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect.
All rights not expressly granted herein are reserved.
