General terms and conditions

TERMS AND CONDITIONS OF ACCESS AND USE

PART A – What are these terms and conditions about?

PART A – What are these terms and conditions about?

1. Accessing the Website.
1.1 These terms and conditions set out the provisions that apply to any person wishing to access and use this Website and become a Member of Sale-Ezy. They form a legally binding and enforceable agreement between such user (‘You’) and Sale-Ezy.com Pty Ltd ACN 126 608 697 (‘Sale-Ezy’).

1.2 By registering to become an observer, a seller, a buyer, or agent you become a member (‘Member’) of Sale-Ezy and agree to be bound by these Terms and Conditions of Use and Access, operating rules and Privacy Policy as amended from time to time. By continuing to access the Website you are agreeing to these Terms and Conditions of Use and Access as amended from time to time.

2. Sale-Ezy’s Service.
2.1 The Website. Sale-Ezy provides an online platform via this website (the ‘Website’) for Sellers to list:
a. land or any part thereof including fixtures as well as any chattels or personal property nominated by the Seller (‘Real Estate’); and
b. a business or businesses (‘Businesses’)

for sale and for Buyers to bid to purchase the Real Estate and Businesses.

2.2 Sale-Ezy’s Role in any Transaction. Whilst Sale-Ezy provides the platform for the Seller and Buyer entering into a legally binding and enforceable contract for the sale & purchase of Real Estate or Businesses via this Website, Sale-Ezy:

a. is not an auctioneer, real estate agent, stock and station agent or business agent and does not purport to be;
b. is not a party to the offer or sale of land and real property;
c. does not own the Real Estate or Businesses listed for sale on the Website; and
d. its role is limited to providing the platform for the sale of the Real Estate & Businesses listed on the Website.

Accordingly, Sale-Ezy does not warrant and is not responsible to a registered user:

e. in the event a seller or buyer of Real Estate or a Business listed for sale on the Website fails to complete a transaction as envisaged under these Terms and Conditions of Use and Access;
f. for the completion of the sale of any Real Estate or Business listed on the Website;
g. the state and condition of any Real Estate and the profitability of any Business listed on the Website; and
h. for verifying the material, content and information on the Website.

PART B – Use of content and information on the Website

3. Intellectual Property. Copyright in the works comprising this Website and it content is owned by Sale-Ezy and/or third parties. Sale-Ezy reserves all other intellectual property rights. The content and information provided on the Website is provided for personal use only and may not be:

3.1 Re-sold and/or re-distributed in any material form;

3.2 Stored in any storage media; and/or

3.3 Re-transmitted in any media,

Without the prior written consent of Sale-Ezy.

4. Prohibited Use. Except for the limited use set out in paragraph 3 you may not use the Website, or its content for:

4.1 The reproduction, distribution or retransmission of the content in any form;

4.2 Uploading and or/reposting the content to any other website “framing” the content on the Website with other content on any other website.

5. Permitted Use. You may download and/or print content from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices.

6. Copy and Modifying. You may not copy or modify:

6.1 The look and feel of the Website; and

6.2 Any computer software design and/or code contained in the Website, or replicate any of the functionality without explicit, written permission from Sale-Ezy.

7. Third Party Sites. The Website contains links or refers to websites owned and operated by third parties (each a “Third Party Site”) as a convenience to you. The existence of those links or references does not imply any endorsement by Sale-Ezy of the Third Party Site. Sale-Ezy has no control or influence in respect of content and information contained on Third Party Sites.

8. No Warranty or Reliance. Sale-Ezy provides information, and makes the Website available for others to provide information, for general information purposes only without assuming a duty of care to users. Sale-Ezy is not in the business of providing professional advice and gives no warranty, guarantee or representation about the quality, accuracy, reliability, merchantability, fitness for any particular purpose or timeliness or otherwise, of the information contained on the Website and/or Third Party Sites. You must not rely on any statement contained in the Website or Third Party Site and Sale-Ezy encourages its Members to take specialist advice and make their own enquiries prior to participating in any auctions via the Website. While Sale-Ezy endeavours to ensure the accuracy and completeness of the information contained in the Website, it accepts no responsibility for any loss or damage you may suffer as a result or your reliance on any part of it.

9. Verification of Identity. Sale-Ezy uses a recognised third party supplier to undertake verification of identity of its Members. While Sale-Ezy endeavours to ensure the accuracy of identification, Sale-Ezy accepts no responsibility for any loss or damage You may suffer as a result or your reliance on the third-party supplier’s verification of identity.

10. No Liability for Use. Sale-Ezy will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:

10.1 Acting, or failing to act, on any information contained on or referred to on the Website and/or any Third Party Site; and

10.2 Using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or Third Party Site.

11. Viruses and Error. Sale-Ezy does not warrant, guarantee or make any representation that:

11.1 The Website or any Third Party Site, or the servers that make them available are free of software viruses;

11.2 The functions effected by the software contained on the Website or Third Party Sites will operate uninterrupted or are error-free; or

11.3 Error and defects in the Website or any Third Party Site or the software contained in them will be corrected in a timely manner or at all.

However, Sale-Ezy has gone to all reasonable lengths (in some cases beyond) to protect against and prevent such issues.

12. No Liability for Defects. Sale-Ezy is not liable to you for:

12.1 Errors or omissions in the Website or any Third Party Site;

12.2 Delays to, interruptions of or cessation of the services provided in the Website, or any Third Party Site including servers; and

12.3 Defamatory, offensive or illegal conduct of any user of the Website or any Third Party Site,

Whether caused through negligence of Sale-Ezy, its employees or independent contractors, or through any other cause.

13. Repairs. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as of consequence of you accessing the Website.

14. Limitation of Liability. The disclaimers and exclusions in these terms and conditions may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law Sale-Ezy’s liability for any implied warranty or condition is limited at the choice of Sale-Ezy , to one or more of the following:

14.1 If the breach of an implied warranty or condition relates to services:

a. The supply of the services again; or
b. The payment of the cost of having the services supplied again.

14.2 If the breach of an implied warranty or condition relates to goods:

a. The replacement of the goods or the supply of equivalent goods;
b. The repair of such goods;
c. The payment of the cost or replacing the goods or acquiring equivalent goods, or having the goods repaired.

PART C – Terms and conditions relating to the providing of information about your product or service for uploading on to the Website.

15. Membership.

15.1 If you are applying to become a Member as an individual, you expressly represent and warrant that you have the capacity under the applicable laws of the state or territory:

a. in which you are a resident; and
b. in which the Real Estate or Business is located

to enter into a legally binding contract.

15.2 If you are applying to become a Member as an entity, you expressly represent and warrant that you have been duly authorized by your company, trust, partnership, or other legal entity to enter into agreements on behalf of that entity.

15.3 If you are accessing and using the Website as a an agent you represent and warrant that:

a. you are the holder of a real estate agent, stock and station agent or business agent licence in the state or territory in which the Real Estate or Business is located or are otherwise employed by a licenced real estate agent, stock and station agent or business agent and hold a certificate of registration in that state or territory (if required) to act under the authority of that real estate agent; and

b. your real estate licence, stock and station agent or business agent licence permits you to lawfully act on behalf of a principal as an agent in respect to the sale or purchase of the Real Estate or Business that you have been commissioned to act on and that you have the authority as required by the laws and regulations of the state or territory in which the Real Estate or Business is located to so act on the principal’s behalf.

15.4 Each Member expressly agrees to:

a. provide complete and accurate information about the Member or their principal as the case may be as required and requested by Sale-Ezy;
b. maintain and update the requested information as required to keep it current, complete and accurate; and
c. undertake a verification of identity check (‘VOI’) as and when directed by Sale-Ezy.
d. agree to the terms and conditions of sale for the Real Estate or Business, including these terms & conditions, any conditions contained in the contract for sale & purchase as well as any auction conditions that apply to the sale.

16. Warranties of Members. You represent and warrant in relation to any content and/or information you provide to the Website that:

16.1 You are authorised to provide the content and /or information;

16.2 The content and/or information is not defamatory or a malicious falsehood in relation to any product, service, person, corporation governmental agency or other legal entity (‘person’);

16.3 The content and/or information is not a ‘passing off’ of any product or service and does not constitute unfair competition;

16.4 The content and/or information does not infringe any intellectual property right including, but not limited to, trademarks, service marks or business names (whether registered or unregistered), confidential information and copyright of any other person; and

16.5 The content and/or information does not infringe any legislation or regulation of the Commonwealth of Australia and the State of New South Wales including, but not limited to, the Trade Practices Act 1974 (Cth) and the Fair Trading
Act 1987 (NSW) and equivalent state and territory legislation and any other parliament competent to legislate in
relation to the Website or any law in any country where the content and/or information is or will be available electronically to users of this Website.

17. False Information. If any information provided by Member is incomplete or inaccurate, Sale-Ezy retains the right to terminate Member’s rights to use the site. Providing false or fraudulent Member information could subject a Member to criminal or civil liability as well as being a breach of these Terms and Conditions of Use and Access. Member may change personal information on its existing membership account only to update the Member account.

18. Denial of Access. The site is a private venue and as such Sale-Ezy may at its sole discretion deny access to its site, and for any reason or for no reason.

19. Username & Password. Once a party becomes a Member of the Site, the Member will select a username and a password. Members are entirely responsible for maintaining the confidentiality of their usernames and passwords. Furthermore, Members are entirely responsible for any and all activities which occur under a Member’s username and password.

20. Unauthorised Access. Members agrees to immediately notify Sale-Ezy of any unauthorized use of Member’s username or any other breach of security known to Member. Sale-Ezy may terminate the membership of any Member due to the misuse, improper use or unauthorized use of their username, password or this site. Sale-Ezy shall not be responsible and the Member shall hold harmless Sale-Ezy for any loss or damage arising from the misuse, improper use or unauthorized use of their username, password or this site.

21. Licence. By uploading any content which is intellectual property including, but not limited to, copyrighted works, trademarks and service marks (the ‘intellectual property’) on to the Website, you are granting Sale-Ezy a perpetual, non-exclusive and payment-free licence throughout the world to:

21.1 Reproduce, use and exploit the intellectual property, as part of the Website, to the full extent permitted by the intellectual property law in any jurisdiction in which the Website is available to users; and

21.2 Allow Sale-Ezy to sub-license others the same rights granted to Sale-Ezy in (a) above.

22. Power to Remove. In relation to any content and/or information included on the Website, Sale-Ezy may remove any content and/or information, including but not limited to links to other sites at any time without giving any explanation or justification for removing the content and/or information.

23. Costs. Sale-Ezy and its respective officers, employees and agents have no liability for any cost, losses or damages of any kind, which you may incur, arising whether directly or indirectly from or in connection with your uploading of content onto or other use of the Website, which costs are entirely to your account. This applies in relation to or in connection with any content and/or information supplied in respect of advertising on the Website; and as a consequence of removing any content and/or information from this Website.

24. Indemnity. You will at all times indemnify and keep indemnified Sale-Ezy and its respective officers, employees and agents (in this paragraph referred to as “those indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out or, in connection with or in respect of any breach of these terms and conditions by you; and publication of or distribution of the content and/or information supplied by you

PART D – Sales on the Website

25. Real Estate and Business Listings.

25.1 The Real Estate and Businesses listed on the Website will have a description, a hyperlink to a contract for sale & purchase and auction conditions (if required) and any other document as may be necessary or desirable.

25.2 The Seller or their Agent representative must:

a. accurately describe the real estate or business in a listing provided for inclusion on the Website and shall be liable for any misstatements or omissions in such description;
b. upload to the Website, a contract for sale and purchase (and any other required document, written or audible) that complies with the laws, regulations and rules of the jurisdiction in which the Real Estate or Business is located, including a copy of any certificates or warranties required in a contract for the sale and purchase of Real Estate or a Business and conditions for the sale of real estate and business by way of the auction; and
c. pay in full to Sale-Ezy upon demand Sale-Ezy’s fees & charges as notified & described on the Website or as otherwise agreed to by Sale-Ezy.

d. Audibly read the conditions of the auction to commence the auction and any other documents required to be audibly read according to the relevant legislation and auction conditions for the state or territory within which the property is listed. The auctioneer nominates Sale Ezy to act as a vocal proxy to announce the agreed auction conditions in situations where the auctioneer may not be audible to all.

The Seller and their Agent representative acknowledge that Sale-Ezy is under no obligation to list the real estate or business on the Website till such time as the obligations contained in subclauses 25.2(a) -25.2(c) have been complied with.

26. Who can Bid.
26.1 Buyers must be capable of forming legally binding relations under the law and regulations of the state or territory where the Real Estate or Business is located. The services provided by Sale-Ezy are not available to individuals under the age of 18 years old and any other individuals who are legally prohibited from or otherwise incapable of entering into binding contracts.

26.2 Buyers:

a. must be registered:
    i. as a Member of Sale-Ezy prior to bidding on any Real Estate or Business listed for sale on the Website; and
    ii. as a bidder for each item of Real Estate or Business the Member proposes to bid for.
b. have their identity verified by:
    i. the listing agent for any Real Estate or Business the Buyer proposes to bid for or an employee of that real estate agent, stock & station agent or business agent; or
    ii. in the event the Real Estate or Business is offered for sale without a listing agent, the Bidder’s solicitor
and agree to produce one or more of the following identity documents as proof of identity:
    iii. for an Australian citizen or resident:
        A. an Australian passport or foreign passport; and
        B. an Australian drivers licence or card issued by the Commonwealth or any State or Territory showing a photograph or the holder and enabling the holder to evidence their age and/or their identity; or
        C. a full birth certificate or citizenship certificate or descent certificate and a Medicare or Centrelink;
        D. an Australian passport or foreign passport; or
        E. or by an authorised deposit taking institution.
    iv. For persons who are not Australian citizens or residents:
        A. A foreign passport; and
        B. Another form of government issued photographic identity document; and
        C. A change of name or marriage certificate if necessary.
c. authorises Sale-Ezy to submit to the listing real estate agent any data stored or recorded by Sale-Ezy for the compilation of the Bidders Record, including but not limited to:
    i. the Buyer’s name and address;
    ii. the number allocated to the Buyer by Sale-Ezy for the purposes of the sale; and
    iii. a log of the bid/s made by the Buyer for the Real Estate.
d. agree to the terms and conditions of sale for the Real Estate, including these terms & conditions, any conditions contained in the contract for sale & purchase as well as any auction conditions that apply to the sale.
e. agree and consent to be bound by these conditions of use and access, the conditions contained in the contract for sale & purchase of the Real Estate or Business and by the terms and conditions of auction.

f. consent to signing an electronic contract immediately if they are the successful buyer or to sign and execute a contract by whatever means are legally binding within the time constraints that legally apply within the State or Territory of their purchase .

27. Who can Sell.

27.1 Sellers must:
a. be the rightful owners of the Real Estate or Business or otherwise authorized by the owners of such Real Estate or Business, a court of law, or under a power of attorney to sell the Real Estate or Business they have listed on the Website and must upon request by Sale-Ezy or the listing real estate agent, produce evidence of ownership and/or authorization to sell on the Website; and
b. have their identity verified by:
    i. the listing agent for any Real Estate or Business the Seller has entered into an agency agreement for the Real Estate or Business or an employee of that real estate agent, stock & station agent or business agent; or
    ii. in the event the Real Estate is offered for sale without a listing real estate agent, the Seller’s solicitor and agree to produce one or more of the following identity documents as proof of identity:

   iii. for an Australian citizen or resident:

        A. an Australian passport or foreign passport; and
        B. an Australian drivers licence or card issued by the Commonwealth or any State or Territory showing a photograph or the holder and enabling the holder to evidence their age and/or their identity; or
        C. a full birth certificate or citizenship certificate or descent certificate and a Medicare or Centrelink;
        D. an Australian passport or foreign passport; or
        E. or by an authorised deposit taking institution.

    iv. For persons who are not Australian citizens or residents:
        A. A foreign passport; and
        B. Another form of government issued photographic identity document; and
        C. A change of name or marriage certificate if necessary.
c. provide a contract for sale containing all relevant documents and certificates to offer the Real Estate or Business for sale by auction as required by the state or territory in which the Real Estate of Business is located.
d. nominate an agent or otherwise upload & enter a description of the Real Estate or Business and provide all relevant details of the Real Estate or Business to Sale-Ezy
e. provide pest and building inspection reports from an accredited / licensed building inspector and pest inspector as required by Sale-Ezy and/or the state or territory of the listed property.
f. provide a valuation report or comparable sales report except where the Seller has nominated a real estate agent, stock & station agent or business agent as the listing agent in which case the Seller’s agent is to provide a comparable property report made available to the Seller to ascertain the market value of the Real Estate or Business.
g. agree and consent to be bound by these conditions of use and access, the conditions contained in the contract for sale & purchase of the Real Estate, by the terms and conditions of auction and to pay upon demand any fees and charges of Sale-Ezy.

h. consent to signing an electronic contract immediately upon hammer fall and the sale of the property. or to sign and execute a contract by whatever means are legally binding within the time constraints that legally apply within the State or Territory of their sales contract.

27.2 The Seller acknowledges and agrees that Sale-Ezy does not provide any representations with regard to the ability of the Bidder to pay the Seller the bid price for the real estate being sold.

27.3 Unless otherwise agreed to by Sale-Ezy in writing, the Seller agrees that Sale-Ezy will be the sole selling mechanism for each listed item of real estate for the term of the listing online and the item of Real Estate is not offered for Sale simultaneously by another method or as a Non Exclusive listing with any other medium.

27.4 Auctioneers acting on behalf of a Buyer or Seller must be qualified and accredited for the field of real estate or agency practise under the relevant State legislation under which they are conducting auctions They must display their licence number as Auctioneer and meet all requirements of an Auctioneer throughout the auction process.

28. Auctions on Sale-Ezy

28.1 Unless otherwise nominated by the Seller, all Real Estate and Business may be offered for sale using all three stages of the Sale Ezy three-stage progressive auction system: best offer, final call and best offer.The auctioneer nominates Sale Ezy to act as a vocal proxy to announce the agreed auction conditions and schedules in situations where the auctioneer may not be audible to all buyers and participants, and likewise, to announce the bidder number and 'vendor/co-owner bid' as required.

28.2 In the event the initial stage of ‘best offer’ has not concluded with a successful sale, the auction process continues and bids for the purchase of the Real Estate or Business can be made from the commencement of the final Call stage of the Auction, the procedures of which are described below at clause 30.

28.3 During the three-stage progressive auction:

a. the auctioneer may refuse to accept any bid that, in the auctioneer’s opinion, is not in the best interest of the seller;
b. the Seller must, prior to the commencement of any auction, on the Website nominate and set:
    i. a reserve price and have this recorded by the Seller’s nominated agent/auctioneer. In the event the Seller has not commissioned an agent for the sale of the Real Estate or Business then the Seller must record the reserve price within the Sale-Ezy platform prior to the commencement of the auction.

    ii. a minimum bid price for the Real Estate or Business, which will be published and shown on the auction listing for the Real Estate or Business on the Website for the period of the auction during the best offer stages to indicate an acceptable starting bid (except in Victoria and Queensland), and at the commencement of final call, to be replaced by the minimum next bid, when each bid is made. For properties listed in Queensland, or with a $0 value for the base price, the $0 value is not a price guide for the property or an indication of the value of or asking price for the property. For all properties, the minimum bid price is not an indication of expected selling price, it is the lowest acceptable bid to commence the auction; bids under this price will be automatically rejected as they are not in the best interest of the vendor. The Minimum Bid must be set within the 10% expected selling price range.

c. the reserve price set by the Seller cannot be increased during the final call stage of the auction but may be reduced to meet the market or an offer acceptable to the Seller. The reserve price will not be published on the Website.
d. if there are no bids at or above the reserve price, then the Seller is not obligated to sell the Real Estate.
e. No bids can be made during an auction for an amount that is less than the Minimum Bid nominated by the Seller.
f. The Buyer and Seller are obliged, at the fall of the hammer, pursuant to these terms of access and use, to proceed to contract at the price of the Buyer’s bid and on the terms and conditions contained in the contract for sale published on the Website. The online auction contract is the official and original contract for sale and must be signed and exchanged as is; it must not and cannot be altered in any way following the fall of the hammer at auction. Legal counsel regarding the contract for sale should be sought and obtained at the discretion of the Buyer prior to bidding on the Real Estate or Business listed on the Website. All buyers and sellers must consent to signing an electronic contract, with electronic signature at the fall of the hammer or to sign and execute a contract by whatever means are legally binding within the time constraints that legally apply within the State or Territory of their sale or purchase.
g. The Buyer and Seller must be in a legal and financial position to exchange contracts and proceed to completion of the transaction per the provisions of clause 30.
h. In respect of the sale by auction of co-owned Real Estate or Business or the sale of such asset by a seller as executor or administrator who have intention to bid as a co-owner executor or administrator they must register as a co- owner
on Sale Ezy. This is not a seller bid but a genuine registered bidder with intent and means to purchase the property offered for sale by auction. This bid will display the notation ‘Co-owner’ to show the bid is made by a co-owner, executor or administrator. All registered bidders are made aware and acknowledge that any property offered for sale by auction on Sale Ezy Property Auctions Online is open to bidding by a co-owner, executor, administrator or any person registered to bid on their behalf and such bidder must show the notation co-owner when their bid is recorded in the bid register.

29. Best offer

29.1 The Best Offer stage of auction for the sale of Real Estate and Businesses listed on the Website can be employed optionally at the start of an auction. A property that is not sold during the final call stage of the auction will automatically transition back into the best offer period after an uninterrupted 3rd call where the bid has not reached the reserve applied to the auction. Best offer will be conducted as follows:

a. The best offer stage of the auction will commence at a time and date set by the Vendor or Agent/Auctioneer and display the notation ‘make an offer now’ on the Auction display page prior to the final call segment of the Auction commencing. Upon the close of final call segment of the Auction, if the property does not reach or exceed reserve price, the property transitions back to best offer until sold or withdrawn from sale. During this period, bids may be made by registered buyers and accepted by the Agent AND Auctioneer on behalf of and with the consent of Vendors.
b. Upon making a bid for the Real Estate or Business, the Buyer’s bidder number and the time and date of the bid will be recorded and displayed for public view. The amount of any bid made during best offer will not be publicly displayed on the Website but will only be disclosed by Sale Ezy to the Seller/s, their agent and the person nominated as the auctioneer for the auction. Where required, the bid number will be audibly read; the auctioneer nominates Sale Ezy to act as a vocal proxy to announce the bidder number where the auctioneer may not be audible to all.
c. All bids made during best offer will remain open for acceptance by the Seller for a period of 24 hours from the time of the making of the bid unless the Buyer withdraws their bid by notice in writing sent by email to the nominated Auctioneer and Sale-Ezy prior to the Seller accepting the Buyer’s bid, or the Auctioneer/Agent or Seller rejects (marked as ‘declined’) the bid as they deem it not to be in the best interest of the Seller.
d. In the event the Seller does not give notification that the bid has been accepted within 24 hours then the bid will be automatically withdrawn. The bidder agrees that the bid is withdrawn on their behalf. The Seller may field and accept any offer from a bidder or a number of bidders during this period.
e. Once the Seller accepts a Buyer’s bid, the auctioneer or Seller will close the auction with the fall of the hammer and a contract of sale of the Real Estate or Business will be formed between the Seller and Buyer. The Seller and the Buyer are obligated to complete the sale and purchase of the Real Estate or Business pursuant to contract for sale & purchase as set out at clause 30 below.
f. Best offer will continue until the first to occur of the following events:
    i. The Seller or the Auctioneer on behalf of the Seller accepting an offer to purchase the Real Estate or Business;
    ii. The property transitions into the final call stage of the auction as dictated by the count down clock and the start date set for 1st Call by the agent/auctioneer in the listing form.
    iii. The property is withdrawn from sale by the Agent /Auctioneer or the Seller if acting without an Agent.
e. If the property is ‘Passed In’, the Agent/Auctioneer agrees to negotiate first with the bidder who has submitted the most recent highest bid if so dictated by the relevant state or territory laws.

30. Final call

30.1 Final call for the sale of Real Estate and Businesses listed on the Website will be conducted as follows:
a. The final call stage of the auction will commence at a time and date notified on the Website following which bids may continue to be made by Buyers.
b. Upon making a bid for the Real Estate or Business, the Buyer’s bidder number and the time and date of the bid will be recorded and displayed for public view as well as the amount of the bid made.
c. Buyers may make a bid at any time during the nominated final call period. Final call will be extended for a further period or periods of 1 minute and 30 seconds should any bids be received within the designated 1 minute and 30 seconds of 1st, 2nd and 3rd Call before the time for the auction to end or transition back into best offer (and as extended by this clause).
d. An Auctioneer representative or Seller may place (1) one Vendor bid on behalf of a Vendor during the final call stage of the auction period and prior to the property being shown as ‘on the market. This bid will display the notation ‘Vendor’ to show the bid is a Seller bid. A Seller who is represented by an Agent/Auctioneer cannot make a Vendor Bid on their own behalf, regardless of laws in their state or territory, and by agreeing to use Sale Ezy, forfeits their right to submit their own Vendor Bid.
e. The Seller will accept, and the Real Estate or Businesses will be deemed ‘sold’ at the highest bid at the close of bidding period unless:
    i. the highest bid is less than the Seller’s reserve price.
f. In the event the circumstances in subclauses 30.1(e)(i) do not apply at the close of final call, a contract of sale of the Real Estate or Business will be formed between the Seller and Buyer who has made the highest bid. The Seller and the Buyer will be obligated to complete the sale and purchase of the Real Estate or Business pursuant to contract for sale & purchase as set out at clause 31 below.

31. Contractual Obligations of Buyers & Sellers.

31.1 These Terms and Conditions of Use and Access together with the contract for sale and purchase and auction conditions for a particular item of Real Estate or Business listed for sale on the Website, comprise a contract between a Seller and the winning Bidder.

31.2 By bidding on Real Estate or Business listed on the Website a Buyer agrees, and by listing Real Estate or Business on the Website a Seller agrees, to be bound by these Terms and Conditions of Use and Access and the contract for sale and purchase and auction conditions, so long as those conditions of sale are not in breach of these Terms and Conditions of Use and Access or unlawful. In the event of any direct conflict between these Terms and Conditions of Use and Access and any conditions of sale provided by a Seller, then these conditions will prevail.

31.3 A bid made by a Buyer is an offer to purchase the real estate from the Seller at the bid price that may only be withdrawn as set out above at subclauses 28.3(d) and 29.1(e) or in the event that there is a material change in the description of the Real Estate or Business being sold.

31.4 Unless otherwise indicated by the Seller on the listing, the real estate listed for sale on the Website is sold on an ‘as is’ and ‘where is basis’ and a Buyer cannot make any claim or raise any requisition or objection in respect to the present condition of the real estate as at the close of the Auction/saleor in respect of fair wear and tear since that date. It is the Buyer’s obligation to make inquiries and undertake due diligence research in respect to real estate prior to making a bid, subject to sellers disclosures and warranties in their contract for sale.

31.5 The Seller and Buyer of any item of real estate must, in circumstances where a contract of sale has been formed, pursuant to these Terms and Conditions Of Access and Use, complete the exchange of contracts for sale and purchase of the real estate as follows:

a. Sale-Ezy will issue a Sales Advice and Contract in respect to the real estate and thereby provide the Seller the Buyer, their legal representatives and agent representative with written notice that a contract of sale has been formed.
b. The Seller, Agent or Auctioneer representative must:
    i. Arrange for contract for sale and purchase to be completed by inserting the purchase price and the Buyer’s details including name, address, legal representative per the details on the sales advice issued by Sale-Ezy; and
    ii. Duly execute a completed contract for sale and purchase; and
    iii. Cause a complete contract for sale & purchase that contains the sale price and the purchaser’s details to be delivered (whether electronically or otherwise) to the Buyer or their nominated legal representative as soon as is practicable following the fall of the hammer; or
    iv. contact the Buyer or Buyer’s legal representative who has received a contract for sale and purchase issued by Sale-Ezy and confirm in writing receipt by the Buyer or their legal representative of the contract for sale and purchase.
c. Within the specified timeframe set by the auction conditions and relevant legislation within the state or territory where the property is listed (generally on auction day), the winning Buyer must:
        A. deliver (whether electronically or otherwise) to the Seller or the Seller’s nominated legal representative a duly signed contract for sale & purchase; and
        B. pay the agreed deposit to the nominated deposit holder.
d. Upon receiving the contract for sale and purchase from the Purchaser or the Purchaser’s representative the Seller or representative of the Seller is to cause the contract he/she/it as the Seller has signed and the contract the Purchaser has signed to be dated the date of agreed exchange of contracts. for sale and purchase. Exchange of contracts must be executed by the deadline specified in the auction conditions within the state or territory of the listed property or either party, Buyer or Seller may be in breach of contract. The agreed deposit must be payed as a condition of exchange of contracts.
e. Once the parties are in contact, the Seller and the Buyer must complete the transaction according to the provisions of the contract the parties have entered into.

31.6 By consenting to these Terms and Conditions of Access and Use, Members acknowledge and agree that should either the Buyer or Seller of Real Estate or a Business sold at auction via the Website fail to sign the contract for sale and purchase within the Exchange Period as required by this clause 31, the Buyer or Seller that fails to sign the contract for sale and purchase irrevocably authorises the nominated Auctioneer on the Sale-Ezy auction listing to sign the contract on behalf of the Buyer or Seller..

31.7 All Members are third party beneficiaries of these Terms and Conditions of Use and Access and Buyers and Sellers shall be entitled to enforce the provisions hereof and may pursue legal action against each other for non-performance of any provision hereof, including without limitation, non-performance of a purchase and sale after a completed bidding process. In addition, Sale-Ezy retains the right to assess fees or terminate a Member’s rights to use the Site in the event a Member breach these Terms and Conditions of Use and Access.

Part E. General

32. Agents may represent either a Seller or Buyer if so instructed and authorised under the relevant state legislation and can register and use the online platform for this purpose.

33. Sale-Ezy may change these Terms and Conditions of Use and Access from time to time with effective as and from the date of publishing the amended Terms and Conditions of Use and Access to the Site. Member’s continued use of the Site constitutes an affirmative:

(1) acknowledgment by Member of these Terms and Conditions of Use and Access and any modifications; and

(2) agreement by Member to abide and be bound by these Terms and Conditions of Use and Access, including any modifications. Both the Seller and Buyer acknowledge that they shall be solely responsible for obtaining updated information concerning changes to these Terms and Conditions of Use and Access. It is further acknowledged by the Member that the Terms and Conditions of Use and Access in effect at the time that a contract of sale is deemed to be formed pursuant to these Terms and Conditions of Use and Access shall be the relevant Terms and Conditions of Use and Access should a dispute ensue.

34. The duties and responsibilities of Sale-Ezy are limited to those expressly set forth in these Terms and Condition of Access of Use.

35. Information given to Sale-Ezy by Members is subject to Sale-Ezy’s Privacy Policy, which is available here [include link]

36. These Terms and Conditions of Access and Use is governed by the law of New South Wales.

37. All members irrevocably and unconditionally submit to the non-exclusive jurisdiction of the court of New South Wales.


Part F. Indemnity & Release

38. You release Sale-Ezy against all actions, claims, demands arising from or in connection with a failure by another Member to complete a sale.

39. You indemnify Sale-Ezy against all actions, claims, demands arising from or in connection with an act or omission on your part, including but not limited to a failure by you to comply with your obligations under these terms and conditions.

40. Indemnity. You will at all times indemnify and keep indemnified Sale-Ezy and its respective officers, employees and agents (in this paragraph referred to as “those indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out or, in connection with or in respect of any breach of these terms and conditions by you; and publication of or distribution of the content and/or information supplied by you

Part G. Acknowledgement

41. You acknowledge and understand that your obligations in relation to the purchase of property by auction through the Sale Ezy Platform are governed by these Term and Conditions of Use and the relevant legislation for conditions of sale by auction.