General terms and conditions

TERMS AND CONDITIONS OF ACCESS AND USE

PART A – What are these terms and conditions about?

1. Accessing and using 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 ('sellers' or 'vendors') to list:
a. land or any part thereof including fixtures as well as any buildings, chattels or personal property nominated by the Seller (‘Real Estate’); 
b. a business or businesses (‘Businesses’);
c. any property, including water licences, machinery and other property, or livestock nominated by the seller

for sale and for Buyers to bid ('bid' or 'offer') to purchase the Real Estate, Businesses, Property, Water Licences, Machinery, Livestock or other nominated property. 

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, Businesses, Property, Water Licences, Livestock or other nominated property 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, real property, livestock, licences or other property;
c. does not own the Real Estate, Businesses, licences, livestock or other property listed for sale on the Website; and
d. its role is limited to providing the platform for the sale of the Real Estate, businesses, water licences, livestock and other nominated property listed on the Website.

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

a. in the event a seller or buyer of Real Estate, a Business, Water Licence, Livestock or other Property listed for sale on the Website fails to complete a transaction as envisaged under these Terms and Conditions of Use and Access;
b. for the completion of the sale of any Real Estate, Businesses, Water Licencees, Livestock or other Property listed on the Website;
c. the state and condition of any Real Estate, Businesses, Water Licencees, Livestock or other Property and the profitability of any Business listed on the Website; and
d. 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 (with the exception of those with an agreed, paid licence for Sale Ezy's branded product).

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 (“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 of your reliance on any part of it.

9. Verification of Identity.

Sale-Ezy may use 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 of 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 many 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. If the website suddenly becomes unavailable during a final call auction, Sale Ezy will undertake to restore it as quickly as possible, and will offer the auctioneer/seller/agent, the option to reschedule the auction to a new time.

12.3 Any failures or flaws in the technology used by a Member to access the site, host or participate in an auction; and

12.4 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. Sale Ezy, however, does monitor the site regularly and will go to reasonable lengths to remove offensive content and the users responsible for it. 

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 (provided only by Sale Ezy) 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, Businesses, Water Licencees, Livestock or other Property 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 an agent for real estate or business sales, 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, Businesses, Water Licencees, Livestock or other Property 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, Businesses, Water Licencees, Livestock or other Property, 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) (or any superseding act) and the Fair Trading Act 1987 (NSW) (or any superseding act) 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 a Member is incomplete or inaccurate, Sale-Ezy retains the right to terminate the 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. A 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, 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 agree 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, Business, Water Licences, Livestock, Machinery and other Property Listings.

25.1 The Real Estate, Businesses, Water Licences, Livestock or other Property listed on the Website will have a description, a hyperlink to a contract for sale & purchase (provided only to registered buyers) 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, Businesses, Water Licencees, Livestock or other Property 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, Businesses, Water Licencees, Livestock or other Property is located, including a copy of any certificates or warranties required in a contract for the sale and purchase of Real Estate, Businesses, Water Licencees, Livestock or other Property 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 or, the agent, auctioneer, company and/or property owner agrees Sale Ezy's online system will provide a vocal medium to make audible the agreed auction conditions in situations where the auctioneer may not be audible to all. Sale Ezy's system may be used by the Auctioneer, as a vocal medium, to make audible the auction conditions, the order of sale, sale particulars, bidders numbers or any other information required to be made audible. The auctioneer also has the option to pre-record audio and make an audio read of conditions and particulars available (this is a requirement for Western Australian real estate and business sales). 

The Seller and their Agent representative acknowledge that Sale-Ezy is under no obligation to list the Real Estate, Businesses, Water Licencees, Livestock or other Property on the Website until such time as the obligations contained in subclauses 25.2(a) -25.2(d) 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, Businesses, Water Licences, Livestock or other Property 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, Businesses, Water Licencees, Livestock or other Property listed for sale on the Website; and
    ii. as a bidder for each item of Real Estate, Businesses, Water Licences, Livestock or other Property the Member proposes to bid for.
b. have their identity verified by:
    i. the listing agent or auctioneer or one of their employees (for sales facilitated by an agent or auctioneer), vendor or bidder solicitor, or seller representative (including the seller themselves) for any Real Estate, Businesses, Water Licencees, Livestock or other Property the Buyer proposes to bid for; or
    ii. in the event the Real Estate, Business, Water Licence, Livestock or other Property is offered for sale without a listing agent, the Bidder’s solicitor, vendor or seller representative 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; or
        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 or a Medicare or Centrelink card;
        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. authorise Sale-Ezy to submit to the listing real estate agent, seller or seller representative (at Sale Ezy's discretion) any data stored or recorded by Sale-Ezy for the compilation of the Bidders Record and Sales Advice, 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 Real Estate, Businesses, Water Licences, Livestock or other Property, 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, Businesses, Water Licences, Livestock or other Property and by the terms and conditions of auction.
f. consent to signing a paper or electronic contract immediately upon hammer fall 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 .
e. agree that all bids and offers they submit to the Sale Ezy website on any Real Estate, Business, Water Licence, Livestock or other Property are legally binding and if their bid is the highest bid above reserve in final call at hammer fall, or the accepted offer in best offer, they will pay the required financial deposit, sign and exchange contracts and complete the sale. 

27. Who can Sell.

27.1 Sellers must:
a. be the rightful owners of the Real Estate, Business, Water Licence, Livestock or other Property or otherwise authorized by the owners of such Real Estate, Business, Water Licence, Livestock or other Property, a court of law, or under a power of attorney to sell the Real Estate, Business, Water Licence, Livestock or other Property they have listed on the Website and must upon request by Sale-Ezy or the listing real estate agent or the buyer or their solicitor, produce evidence of ownership and/or authorization to sell on the Website; and
b. have their identity verified by:
    i. the listing agent, auctioneer or their employee if they have entered into an agency agreement with them for the sale of the Real Estate, Business, Water Licence, Livestock or other Property, or;
    ii. in the event the Real Estate, Business, Water Licence, Livestock or other Property is offered for sale without a listing real estate agent, the Seller’s solicitor or Seller representative, 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 or a Medicare or Centrelink card;
        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, Business, Water Licence, Livestock or other Property for sale by auction as required by the state or territory in which the Real Estate, Business, Water Licence, Livestock or other Property is located.
d. either themselves or via a nominated agent, upload & enter a description of the Real Estate, Business, Water Licence, Livestock or other Property and provide all relevant details of the Real Estate, Business, Water Licence, Livestock or other Property 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, Business, Water Licence, Livestock or other Property.
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, Business, Water Licence, Livestock or other Property, by the terms and conditions of auction and to pay upon demand any fees and charges of Sale-Ezy.
h. consent to signing a paper or 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.
i. agree that all bids and offers submitted to the Sale Ezy website on any Real Estate, Business, Water Licence, Livestock or other Property are legally binding and if a bid is the highest bid above reserve in final call, or an offer is accepted during best offer, they will sign and exchange contracts and complete the sale.

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, Business, Water Licence, Livestock or other Property 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, or each Business, Water Licence, Livestock or other Property for the term of the listing online and the item or prooperty is not offered for Sale simultaneously by another method, including private treaty 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, livestock, water licences or the applicable item or agency practise under the relevant State or Territory 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, Businesses, Water Licences, Livestock or other Property may be offered for sale using best offer alone; final call and then best offer; final call alone; or best offer and then final call (and then best offer as required). The agent, auctioneer, company and/or property owner agrees Sale Ezy's online system will provide a vocal medium to make audible the agreed auction conditions in situations where the auctioneer may not be audible to all. Sale Ezy's system may be used by the Auctioneer, as a vocal medium, to make audible the auction conditions, the order of sale, sale particulars, bidders numbers or any other information required to be made audible. The auctioneer also has the option to pre-record audio and make an audio read of conditions and particulars available.

28.2 In the event the initial stage of ‘best offer’ has not concluded with a successful sale, the auction process may continue, if elected by the agent, auctioneer, vendor or seller representative and bids for the purchase of the Real Estate, Business, Water Licence, Livestock or other Property 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 best offer, final call or a progressive auction including both best offer and final call:

a. the auctioneer, vendor or seller representative may refuse to accept any bid that, in the their opinion, is not in the best interest of the seller. The auctioneer, vendor or seller representative may set a value as the 'minimum bid' to indicate the value under which bids or offers may be excluded from the auction process on this basis;
b. the auctioneer, agent seller's representative or vendor 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 or representative. In the event the Seller has not commissioned an agent for the sale of the Real Estate, Business, Water Licence, Livestock or other Property, then the Seller must record the reserve price within the Sale-Ezy platform prior to the commencement of the auction, in the listing form and in the notes section.

    ii. a minimum bid price for the Real Estate, Business, Water Licence, Livestock or other Property, which will be published and shown on the auction listing on the Website for the promotional period pre-auction and 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 new bid is made. For properties listed in Queensland, with a value at or above $0 for the minimum bid, the 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 bid that will be included in the auction; bids under the minimum bid will be automatically excluded as they are not in the best interest of the vendor. When an agent or auctioneer is representing a seller, 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, with written approval by 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, Business, Water Licence, Livestock or other Property.
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 winning bid or agreed offer and on the terms and conditions contained in the contract for sale published on the Website and provided to the Buyer in addition to any other conditions agreed by the vendor and buyer.

  i. The online auction contract (with agreed conditions verbatim) 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, with the exception of the verbatim addition of any agreed condition submitted by the Buyer with their accepted offer and agreed by the Seller with their acceptance of the agreed offer.

  ii. 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, Business, Water Licence, Livestock or other Property listed on the Website.

  iii. All buyers and sellers must consent to signing an electronic contract with electronic signature or a paper contract as presented by the Seller's agent, auctioneer, solicitor or the Seller 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.

  iv. All Buyers and Sellers agree an auctioneer, following hammer fall, may sign the contract on their behalf and proceed to exchange. 

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, Business, Water Licence, Livestock or other Property or the sale of such assets by a seller as executor or administrator, who has intention to bid as a co-owner executor or administrator, they must register as a co-owner on Sale Ezy using the bidder registration form. This is not a vendor 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 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 system of auction for the sale of Real Estate, Business, Water Licence, Livestock or other Property listed on the Website can be employed optionally at the start of an auction, prior to the commencement of final call, used stand-alone without final call, or automatically after final call in the event the property wasn't yet sold. In all cases, Real Estate, Businesses, Water Licences, Livestock or other Property that is not sold during the final call stage of the auction will automatically transition 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. At the start of the auction, at a time set by the agent/auctioneer/seller, or upon the close of final call segment of the Auction (if the property does not reach or exceed reserve price), best offer will commence and continue until the property is sold, withdrawn, passed in or two months of agent inactivity at the discretion of Sale Ezy. During best offer, bids/offers may be made by registered buyers and accepted by the Agent/Auctioneer or seller representative on behalf of and with the consent of Vendors or by the vendor.
b. Upon making a bid/offer for the Real Estate, Business, Water Licence, Livestock or other Property, 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 and will only be disclosed to the Seller/s, their representative and/or their agent and the person nominated as the auctioneer for the auction. Where required, the bid number will be made audible; with the Auctioneer using Sale Ezy as a vocal medium when the Auctioneer cannot be clearly audible to all bidders.
c. All bids/offers made during best offer will remain open for acceptance by the Seller (themselves or via the agent, auctioneer, seller representative) for a period of 24 hours from the time of the making of the bid/offer, unless the Buyer withdraws their bid by notice in writing sent by email to the nominated selling contact and Sale-Ezy prior to the Seller accepting the Buyer’s bid.
d. In the event the Seller (themselves or via the agent, auctioneer, seller representative) does not give notification that the bid has been accepted by clicking 'accept' in the agent/auctioneer/seller profile, at 24 hours after the bid submission, the bid will be automatically withdrawn on behalf of the bidder. The bidder agrees that the bid is withdrawn on their behalf. The Seller may field any offer from a bidder or a number of bidders during this period, but may only accept the highest standing (non-withdrawn) offer with an acceptable condition, to complete the sale, and must accept any offer, at or above reserve, before it expires at 24 hours, if any associated conditions are also acceptable. 
e. Once the Seller accepts a Buyer’s bid/offer, the auction will close with the fall of the hammer and a contract of sale for the Real Estate, Business, Water Licence, Livestock or other Property will be formed between the Seller and Buyer. The Seller and the Buyer are and agree to be legally obligated to complete the sale and purchase of the Real Estate, Business, Water Licence, Livestock or other Property pursuant to contract for sale and purchase as set out at clause 31 below.
f. Best offer will continue until the first to occur of the following events:
    i. The Seller or Seller representative or the Auctioneer on behalf of the Seller accepts an offer to purchase the Real Estate, Business, Water Licence, Livestock or other Property;
    ii. The property transitions into the final call stage of the auction if so elected.
    iii. The property is withdrawn from sale by the Agent /Auctioneer, seller representative or the Seller if acting without an Agent, or by Sale Ezy if the listing is deemed inactive for two months, or the agent, auctioneer, seller or other representative behaves illegally or in an un-businesslike manner as determined by Sale Ezy;
    iv. the property is ‘Passed In’. In this case, 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, Business, Water Licence, Livestock or other Property listed on the Website will be conducted as follows:
a. Final call will commence at a time and date nominated on the Website, via the listing form, following which bids may be made by registered Bidders. The auction start date may only be adjusted based on updated auction or agency agreement indicating the vendor's agreement to the new date. 
b. Upon making a bid for the Real Estate, Business, Water Licence, Livestock or other Property, the Buyer’s bidder number and the time and date of the bid will be recorded and displayed for public view, as will the bid value.
c. Buyers may make as many bids as they choose, at any time during the nominated final call period. Final call will be extended for a further period or periods of 30 seconds should any bids be received within the designated 1 minute and 30 seconds of 1st, 2nd and 3rd Call, until 3rd Call is completed with no new bids made (and as extended by this clause).
d. An Auctioneer may place (1) one Vendor bid on behalf of a Vendor during final call, prior to the property being shown as ‘on the market'. This bid will display the notation ‘Vendor bid’ 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. A seller or seller representative that is not an agent or auctioneer may not ever make a vendor bid; this action is reserved solely for agents and auctioneers. 
e. The Seller will accept, and the Real Estate, Business, Water Licence, Livestock or other Property will be deemed ‘sold’ at the highest bid at the close of bidding period (the close of 3rd Call) unless:
    i. the highest bid is less than the Seller’s reserve price (unless the seller has explicitly agreed to the lower price).
f. In the event the circumstances in subclause 30.1(e)(i) do not apply at the close of final call, a contract of sale of the Real Estate, Business, Water Licence, Livestock or other Property 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, Business, Water Licence, Livestock or other Property 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, Business, Water Licence, Livestock or other Property listed for sale on the Website, comprise a contract between a Seller and the winning Bidder.

31.2 By bidding on Real Estate, Businesses, Water Licences, Livestock or other Property listed on the Website, a Buyer agrees, and by listing Real Estate, Businesses, Water Licencees, Livestock or other Property on the Website (whether themselves or using an agreed representative) 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 or offer made by a Buyer is an offer to purchase the Real Estate, Business, Water Licence, Livestock or other Property from the Seller at the bid price, that may only be withdrawn as set out above at subclauses 29.1(c) and 29.1(d) or in the event that there is a material change in the description of the Real Estate, Business, Water Licence, Livestock or other Property being sold.

31.4 Unless otherwise indicated by the Seller on the listing, the Real Estate, Business, Water Licence, Livestock or other Property 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 or other property as at the close of the Auction/sale or 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, Business, Water Licence, Livestock or other Property 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, Business, Water Licence, Livestock or other Property 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 or a Third Party (for digital contracts) will issue a Sales Advice and Contract or a link to a digital contract facilitation process in respect to the Real Estate, Business, Water Licence, Livestock or other Property 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, Seller representative, Agent or Auctioneer representative must:
    i. arrange for the 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 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 paid as a condition of exchange of contracts and can be done so by electronic transfer, cheque or cash as agreed by the seller or seller representative.
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. For sale by auction, as is the case for any sale on Sale Ezy, best offer or final call or a combination of both, no cooling-off period applies. 

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, Business, Water Licence, Livestock or other Property 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 reassess fees or terminate a Member’s rights to use the Site in the event a Member breaches 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 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:

a. acknowledgement by Member of these Terms and Conditions of Use and Access and any modifications; and

b. 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.

36. These Terms and Conditions of Access and Use are 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.