This User Agreement is important and you should read it fully. However, there are some specific matters we want to make you aware of. These are set out below.

• The Site is operated for users who reside and transact within Australia and provides auction and online marketplace services to facilitate transactions between Buyers and Sellers.
• Except in limited cases where Grays is the owner of an Item listed for Sale, you acknowledge and agree that Grays has been appointed by the Seller as an agent and bailee to facilitate the Sale of the relevant Item(s), and that Grays does not own or control such Items offered for Sale.
• Important information in relation to your statutory rights, obligations and liability is included in clauses 12 and 13. Please familiarise yourself with these provisions before purchasing Items from Grays.
• It is your responsibility to read the Listing, review all information in the Listing relating to any Item listed for Sale, including photos included with the Listing, and consider the Listing and all such information in its totality. This is important so you can assess whether the Item meets your expectations and requirements. To the extent it is possible to do so, it is also your responsibility to attend any advised physical inspections and to assess the suitability of an Item before bidding on, or purchasing, any Item.
• Many Items listed for Sale are used or second-hand Items, as specified in the Listing. The Listing may also describe Item(s) as being faulty or in a damaged condition or disclose other issues with respect to the Item(s) (e.g., damage, deficiencies, etc.). This means there may be pre-existing issues which may not be apparent to us or to the Seller.
• Grays uses reasonable efforts to verify any Original Retail Price (OPR) or Recommended Retail Price (RRP) for an Item included in a Listing, but accepts no responsibility for the accuracy of any such ORP or RRP, unless such inaccuracy is due to Grays’ (or its employees’ or contractors’) fraud, Gross Negligence or wilful misconduct.
• If you are the Winning Bidder, additional fees and charges will be payable (a Buyers Premium and Surcharges) in addition to the Winner’s Bid Amount.
• If you are the Winning Bidder or you purchase an Item via a Buy Now Sale and you do not pay the full Invoice Amount (in cleared funds) on or before the Payment Due Date, then you may be charged a late payment fee calculated at 1% of the Invoice Amount (excluding GST) or the highest rate permitted by law.
• If you are the Winning Bidder and you refuse to pay for, or fail to complete or otherwise cancel your purchase of the relevant Item(s) for reasons other than those permitted by applicable law, we may be entitled to retain a Non-Refundable Deposit.
• You acknowledge that Grays may receive commission from a Seller as a result of a Sale, and that such commission will be calculated as a percentage of the Sale price of the relevant Item.
• If you do not collect or take delivery of an Item you have purchased within specified timeframes, we may charge you storage fees, and/or to the extent permitted by applicable law, the Item may be sold or disposed of.

(a) This User Agreement applies to the use of, and transactions made on, the following sites:

(i) eeveeauctions.com.au

(ii) grays.com (including the Grays.com mobile app)

(iii) slatteryauctions.com.au

(each a Site and together the Sites), each of which is owned by Slattery Grays(together Slattery Grays, we, us or our).

(b) Each Site is operated for users who reside and transact within Australia and provides auction and online marketplace services to facilitate transactions between Buyers and Sellers.

(c) The terms and conditions contained in this User Agreement govern our provision of the Services to you. There are other terms and conditions that may apply to your interactions with Slattery Grays, which include any additional terms and conditions set out in the Listing.

(d) By creating an Account or participating in any Sale facilitated via a Site, you acknowledge and agree that you have read, understood and will be bound by this User Agreement. If you do not agree to this User Agreement, you must immediately cease accessing or using the Services.

(a) We may amend this User Agreement at any time (including to comply with applicable laws, to comply with a legitimate contractual obligation or for operational reasons when we change our systems and processes).

(b) We will take reasonable steps to bring any material changes to your attention such as by posting an updated version of the User Agreement on the Site and/or notifying you via our website or by email.

(c) Any updated version of the User Agreement will become effective 7 days after being posted on the Site (Effective Date).

(d) Any amendments to the User Agreement will not apply to any Sales which have commenced or occurred (including, for the avoidance of doubt, any Auction or any bids or AutoBids placed as part of an Auction) prior to the Effective Date.

(e) As you will be bound by any amendments to this User Agreement, you should review this User Agreement from time to time. By continuing to use the Services following the Effective Date of any amendments to this User Agreement, you will be deemed to have accepted the amended User Agreement.

(f) If any amendment to the User Agreement has a detrimental effect on you or you do not agree with the amended User Agreement, you may cease accessing or using the Services and cancel your Account in accordance with clause 11.1.

(a) Slattery Grays provides the Services solely to facilitate the sale and purchase of Items between Sellers and Buyers.

(b) Subject to clause 3(c), you acknowledge and agree that:

(i) a Seller has appointed Slattery Grays as its agent to facilitate the sale of the relevant Item(s) in accordance with an Agency Agreement;

(ii) all Sellers instruct and authorise Slattery Grays to:

(A) receive and hold all Sale proceeds on the Seller’s behalf;

(B) sign, on the Seller’s behalf, any documentation necessary to transfer ownership of the Item to you;

(C) facilitate the inspection of the Item by you and other prospective Bidders prior to and during the Auction at the time and in any manner or place specified in the Listing;

(iii) the contract for any Sale of any Item is between the Buyer and the Seller;

(iv) Slattery Grays does not enter into or execute any contract in relation to a Sale on behalf of any Seller or a Buyer and is in no way party to any contractual relationship formed between any Seller and any Buyer in relation to a Sale;

(v) subject to any exceptions at law or as otherwise specified in this Agreement, if any dispute arises in relation to an Item:

(A) the dispute is between you and the Seller;

(B) if you raise the dispute at our premises on collection of the Item, we may direct you to leave the Item at our premises while your claim is being assessed and you must comply with this direction;

(C) we will not be involved in or party to any claim, action, tribunal or court proceedings in respect of that Item;

(D) we reserve the right to share the Seller’s details with you at our sole discretion to enable you to pursue the Seller directly; and

(E) you indemnify us, on a full indemnity basis, from all liability, including all costs incurred by you, in relation to any such dispute; and

(vi) in some circumstances, it may be appropriate or required to share your details with the Seller or the Seller’s details with you. These circumstances are outlined in our Privacy Policy.

(c) On occasion, Slattery Grays may own an Item listed for Sale. In these circumstances any Sale will be between the Buyer and Slattery Grays.

(d) If you purchase an Item from a Site, your contract of sale will be with the relevant state or territory based subsidiary of Slattery Grays as listed below based on the State/Territory of Sale in the Listing:

(i) For Items purchased through slatteryauctions.com.au or eeveeauctions.com.au:

(A) Queensland and the Northern Territory: Slattery Auctions Queensland Pty Ltd ACN 165 172 154;

(B) South Australia: Slattery Auctions SA Pty Ltd ACN 665 771 424;

(C) New South Wales and the Australian Capital Territory: Slattery Auctions Australia Pty Ltd ACN 091 324 480;

(D) Victoria and Tasmania: Slattery Auctions Victoria Pty Ltd ACN 133 516 202;

(E) Western Australia: Slattery Auctions WA Pty Ltd ACN 606 856 099; or.

(F) if no State / Territory of Sale is listed: Slattery Auctions Australia Pty Ltd ACN 091 324 480.

(ii) For Items purchased through grays.com and the Grays mobile app:

(A) Queensland and the Northern Territory: Slattery Auctions Queensland Pty Ltd ACN 165 172 154 t/as Grays (Queensland);

(B) South Australia: Slattery Auctions SA Pty Ltd ACN 665 771 424 t/as Grays (SA);

(C) New South Wales and the Australian Capital Territory: Slattery Auctions Australia Pty Ltd ACN 091 324 480 t/as Grays (NSW);

(D) Victoria and Tasmania: Slattery Auctions Victoria Pty Ltd ACN 133 516 202 t/as Grays (VIC);

(E) Western Australia: Slattery Auctions WA Pty Ltd ACN 606 856 099 t/as Grays (WA); or.

(F) if no State / Territory of Sale is listed: Slattery Auctions Australia Pty Ltd ACN 091 324 480 t/as Grays (NSW).

4.1 Eligibility to use the Services

You must not create an Account or use the Services if you:

(a) are under 18 years of age;

(b) are an undischarged bankrupt;

(c) are a body corporate and are under any type of insolvency proceedings or administration;

(d) are the subject of any trade or economic sanctions, located in a country or region which is subject to any trade or economic sanctions or your use of the Services would take place in any such country or region (in whole or in part);

(e) have ever had an account or user access suspended or terminated by Slattery Grays;

(f) primarily reside outside of Australia; or

(g) are creating an Account on behalf of a company, and do not have sufficient authorisation to do so.

4.2 Creating an Account

(a) In order to use the Services, you must create a user account by registering via the relevant link on the registration page on the Site (Account). To create an Account, you must provide us with certain true and correct information about yourself, as requested on the registration page.

(b) Creating an Account is free and does not oblige you to purchase anything via the Site.

(c) After you create an Account, you must promptly notify us and/or update your Account if any of your details (including email address) are incorrect or change from time to time.

(d) You confirm that all of the information you provide to us, including any personal information, will be complete, true and correct. We are not responsible for any loss or damage (including misdirected communications or deliveries) which may occur because you did not provide us with complete, accurate or up to date information.

(e) If you wish to participate in a Sale, you acknowledge and agree that you must:

(i) verify your phone number and email address with us using the process specified on the Site; and

(ii) provide us with details of a valid Credit Card and/or PayPal.

(f) If you no longer have access to the phone number and/or email address you used to create your Account, you must promptly notify us and re-verify your identity and relevant phone number and/or email address with us.

(g) You must only register one personal account. If we discover that you have registered more than one personal account, we reserve the right to de-register all accounts you have registered without notice.

(h) If you are creating an Account on behalf of a company, you:

(i) must provide any relevant information regarding the company as required by Slattery Grays as part of creating the Account and, if you fail to provide such information, such Account may be created only for you, as an individual, and not for the company;

(ii) acknowledge and agree that any references to ‘you’ in this User Agreement refer only to the company for which you provided the relevant information;

(iii) the Account is not created for you as an individual, and is only created for the company;

(iv) represent and warrant that you:

(A) have the requisite power, capacity and authority to create the Account on behalf of the company,

(B) will bind the company to the terms and conditions of this User Agreement; and

(C) have the requisite power, capacity and authority to utilise the Services and purchase Items for and on behalf of the company.

4.3 Privacy and security

(a) In order to create an Account and provide the Services to you, we will need to collect your personal information. The collection, use, disclosure and handling of personal information is governed by our Privacy Policy (which is available at Grays’ Privacy Policy and Privacy Policy - Slattery Auctions & Valuations, together with other terms such as our privacy collection statements.

(b) You acknowledge and agree that we may from time to time request to verify your identity. We may use third party identity verification services providers to verify your identity for the purpose of this User Agreement. This may involve the collection and processing of your personal information by us and third party identity verification service providers. By registering for the Services, you consent to providing Slattery Grays' nominated identity verification service providers with the information required to perform such identity verification services, and for Slattery Grays to receive this information and the results of the identity verification services. Any information received by Slattery Grays under this clause will be handled in accordance with our Privacy Policy and applicable privacy laws.

(c) You acknowledge that the internet is an inherently insecure communication medium, and, subject to this User Agreement and applicable law, your use of the Site is at your own cost and risk. You must take reasonable precautions to ensure that the processes you employ for accessing the Site (including in managing your Account) do not expose you to the risk of viruses, malicious computer code or other forms of interference.

(d) If you create an Account, you must keep all usernames, passwords and other security based information secure and private at all times. You acknowledge and agree that we are entitled to assume that you are the user of the Services if your username, password or other security-based information is used to access and/or use the Services, except where a person accesses your Account as the direct result of Slattery Grays’ Gross Negligence, wilful misconduct or failure to keep your Account secure. For the avoidance of doubt, any failure to comply with this clause 4.3(d) is solely your responsibility, and Slattery Grays will not have any responsibility for any actions taken using your Account as a result of such failure.

(e) If you become aware that your username, password or other relevant security-based information is lost or stolen or you otherwise become aware of any other security breach in respect of your Account, you must promptly notify us in writing and take any reasonable steps we advise you to take to mitigate the adverse impact of any lost or stolen information or security incident (as applicable) at the earliest possible opportunity.

5.1 Responsibility for use of the Services

(a) The Services are provided solely to you. You must not re-sell or distribute access to the Services (including your Account) to another person. You must not use your Account to bid on, or purchase, an Item as part of a Sale for any other person, in any capacity whatsoever.

(b) Subject to applicable laws, you acknowledge and understand that:

(i) you are responsible and liable for any person that uses your Account to bid on, or purchase, an Item as part of any Sale; and (ii) we may charge you for all Items that have been purchased using your Account, unless the person that placed such bid or made such purchase using your Account, gained access to your Account as the direct result of Slattery Grays’ Gross Negligence, wilful misconduct or failure to keep your Account secure. For the avoidance of doubt, any failure to comply with this clause 5.1 is solely your responsibility, and Slattery Grays will not have any responsibility for any actions taken using your Account as a result of such failure.

5.2 Prohibited activities

When using the Services, you must not: (a) breach this Agreement or any Site Terms of Use;

(b) make fraudulent or speculative enquiries or bids through the Site;

(c) infringe any right (including copyright, database right, trademark right or other intellectual property right) of any person or be in breach of any legal duty owed to a person, such as a contractual duty or a duty of confidence;

(d) engage in conduct which is likely to mislead or deceive us or any other person, impersonate any other person while using the Services, conduct yourself in an offensive manner while using the Services, or use the Services for any unauthorised, illegal, immoral or harmful purpose;

(e) interfere or attempt to interfere with the Site or networks connected to the Site, the Services or any Sale being conducted on or through the Site; or

(f) use the Services in a manner which contravenes any trade or economic sanctions.

5.3 Requirement to hold a permit, certificate, licence or registration

(a) When bidding on, or purchasing, an Item as part of a Sale, you acknowledge and agree that if you are required by law to hold a permit, certificate, licence or registration to purchase, transport, hold or use the Item(s) that you are bidding on or buying, that you have or will obtain (prior to collection or delivery of the Item(s)) a valid permit, certificate, licence or registration (as required) and, upon request by Slattery Grays, will provide such permit, certificate, licence or registration to Slattery Grays for confirmation.

(b) If you do not hold such permit, certificate, licence or registration as required by law, then you:

(i) acknowledge that Slattery Grays may not be permitted by law to allow the collection or delivery of the Item(s), even if you have paid the Invoice Amount in full, and Slattery Grays has the right to cancel the Sale and refund you the Invoice Amount; and (ii) release Slattery Grays (and any related bodies corporate, officer, employee or contractor of Slattery Grays) from and against any and all actions, claims, suits, demands, damages, losses, liabilities, costs or expenses, including reasonable legal fees, arising out of, or in any way connected to, Slattery Grays refusing to complete the Sale and/or to allow collection or delivery of the Item(s) as a result of you failing to hold or obtain such permit, certificate, licence or registration.

(c) You acknowledge and agree that Slattery Grays is not responsible for verifying the validity of any permit, certificate, licence or registration. If you provide Slattery Grays with a fraudulent or otherwise incorrect permit, certificate, licence or registration, then you indemnify Slattery Grays from and against any and all actions, claims, suits, demands, damages, losses, liabilities, costs or expenses, including reasonable legal fees, which Slattery Grays (or any related bodies corporate, officer, employee or contractor of Slattery Grays) may sustain, incur or suffer as a direct or indirect consequence of such provision, unless such actions, claims, suits, demands, damages, losses, liabilities, costs or expenses arise solely and directly from Slattery Grays’ fraud, Gross

6.1 Description of Items

(a) In relation to any Items sold on the Site, and subject to the Australian Consumer Law, we will use reasonable endeavours to:

(i) provide accurate descriptions to fairly reflect each Item; and (ii) ensure that each Item listed on the Site is in fact available and ready for purchase.

(b) Items offered for Sale are sold as described on the Site.

(c) Where information (for example, Item description, photographs or any supplementary material) in relation to an Item is provided by the Seller (in a Listing or otherwise), you agree that, to the extent permitted by law, Slattery Grays is not responsible for any errors or omissions in such information, except to the extent that Slattery Grays has verified that information in accordance with Slattery Grays Booking-In Procedure or as identified in the Listing.

(d) It is your responsibility to read the Listing, review all information in the Listing relating to any Item listed for Sale on the Site, including photos included with the Listing, and consider the Listing and all such information in its totality. To the extent it is possible to do so, it is also your responsibility to attend any advised physical inspections and to assess the suitability of an Item before bidding on, or purchasing, such Item.

(e) Many Items sold on the Site are used or second-hand Items, as specified in the Listing. The Listing may also describe Item(s) as being faulty or in a damaged condition or disclose other issues with respect to the Item(s) (e.g., damage, deficiencies, etc.). In purchasing any Items, you acknowledge and agree that:

(i) Items may have pre-existing issues; (ii) as Slattery Grays is typically acting as agent on behalf of a Seller, Slattery Grays may not be aware of any pre-existing issues (except those disclosed in a Listing); and (iii) to the extent permitted at law and subject to clause 6.1(c), Slattery Grays does not have any responsibility or liability to you with respect to any pre-existing issues with any Items (whether or not disclosed in a Listing).

6.2 Bidding at Auctions

(a) By placing a bid at an Auction, you acknowledge and agree that:

(i) you are making an offer to buy the Item at your bid price; (ii) once your bid is placed at an Auction (or if you have set up the AutoBid function for an Auction, once your AutoBid is placed), it cannot be changed or withdrawn; (iii) if your bid price is the Winner's Bid Amount, you will be the Winning Bidder, and you must purchase the Item and pay the Invoice Amount in accordance with the terms and conditions of this User Agreement; and (iv) if you are the purchaser of the relevant Item(s), you agree you have the money immediately available to complete the purchase or have obtained approval for financial assistance.

(b) When bidding on an Auction, the time specified on the Site will be:

(i) for grays.com or the Grays mobile app: Australian Eastern Time (AEST or AEDT, as applicable); and (ii) for slatteryauctions.com.au and eeveeauctions.com.au: local time for the place where the auction is taking place.

(c) You must not place any Prohibited Bids.

6.3 Auction procedure

(a) You may bid in an Auction by:

(i) placing a manual bid; or

(ii) using AutoBid.

(b) If you bid at an Auction using AutoBid, you acknowledge that:

(i) you may not receive notifications from us if you have been outbid; and

(ii) you are responsible for monitoring any Auctions for which you are using AutoBid.

(c) An Auction will start at the time and at the minimum starting price specified in the Listing.

(d) With respect to bids placed at an Auction:

(i) all bids must be made on a per-Item basis;

(ii) each initial bid placed for an Item must be equal to or greater than the nominated starting bid amount (if any);

(iii) subject to clause 6.3(e), if a Minimum Bid Threshold applies to a Listing, then each bid placed for an Item must be equal to or greater than the Minimum Bid Threshold amount; and

(iv) bids may only be increased (refer to clause 6.3(i)).

For example:

(v) if an Item’s starting bid is $9 and the Minimum Bid Threshold is $20, the initial bid placed must be at least $29; and

(vi) if, for that same $9 starting bid Item, a bidder made an initial bid of $40, then each subsequent bid must continue to be at least $20 (being the Minimum Bid Threshold) above the previous bid.

(e) The Minimum Bid Threshold will not apply if you place a bid using AutoBid and such bid then reaches its maximum AutoBid amount and is the current winning bid. For example:

(i) an Item’s starting bid is $9, and the Minimum Bid Threshold is $9;

(ii) bidder 1 uses AutoBid to place a bid with a maximum AutoBid amount of $30 which increases the current winning bid to $18;

(iii) bidder 2 then places a standard bid of $27; and

(iv) the final bid placed using AutoBid from bidder 1 can only increase to their maximum AutoBid amount of $30 (so bidder 1’s final bid placed via AutoBid will be $3 rather than reflecting the $9 Minimum Bid Threshold).

(f) Bids will be ranked in the following order:

(i) bid price; and

(ii) bid timing.

The highest, first bid will take precedence over lower, later bids.

(g) Without limiting clause 6.2(a)(ii), you will not be permitted to change your current bid to a lower bid.

(h) In relation to a Listing where the quantity of the Item available is more than one, the winning bid placed at an Auction may be processed by us even if the bid is successful only in respect of a percentage of the Item or unit volume. For example, if a bidder bids on 10 units and is successful in relation to 2 of those units, but is outbid on the other 8 units, we will recognise the Winner’s Bid Amount placed by that bidder with respect to the 2 units only.

(i) If a reserve price set for an Item in an Auction in accordance with clause 6.5 is not met during an Auction, Slattery Grays may (at the instruction of the Seller) reach out to the highest bidder at the closing time of the Auction to discuss whether the bidder would like to purchase the Item for a price mutually agreed by the bidder and the Seller. Any such sale will be considered a Sale pursuant to such Auction (and will be subject to the terms and conditions in this User Agreement with respect to Auctions), even if the Sale is completed after the closing time for the Auction.

6.4 Changes to Auction

(a) At any time, we may:

(i) close an Auction;

(ii) withdraw an Item from an Auction;

(iii) extend an Auction’s scheduled closing time;

(iv) change any of the following before an Auction has closed:

(A) the quantity of any Items posted;

(B) the maximum number of Items which you may buy or place bids in respect of; or

(C) the nominated starting bid amount and/or Minimum Bid Threshold; and/or

(v) re-offer an Item for Sale, if any relevant Item:

(vi) becomes unavailable due to damage;

(vii) has uncertain ownership;

(viii) is withdrawn by the manufacturer, distributor or Seller;

(ix) is no longer in stock or available;

(x) has been erroneously listed (including in relation to any reserve price nominated by a Seller);

(xi) is incorrectly described;

(xii) is incorrectly priced;

(xiii) is listed with information that is in contravention of any laws; or

(xiv) is subject to any law enforcement requirements or requests or other requirements or requests in accordance with applicable laws, or if:

(xv) we suspect there is or may be Prohibited Bids;

(xvi) we need to comply with law enforcement requirements or requests or other requirements or requests in accordance with applicable laws; or

(xvii) it would otherwise be reasonable for Slattery Grays to do so for the integrity of the Site or other circumstances Slattery Grays deems reasonably necessary to act upon.

(b) If Slattery Grays takes action under clause 6.4(a), Slattery Grays will endeavour to notify each bidder who has participated in that Auction of the action which was taken.

(c) Further to clause 6.4(a), if any errors or delays arise in relation to any Auction as a result of or in connection with technological difficulties, including technological difficulties associated with the Site, our servers, a data hosting centre, an internet service provider or any software, we may, acting reasonably:

(i) if the error or delay occurred:

(A) prior to the end of the original time set for conclusion of an Auction, extend the Auction for a period of time we choose;

(B) prior to the end of the original time set for conclusion of an Auction (but was only discovered after the original time set for conclusion of an Auction), re-open the Auction for a period of time we choose;

(C) prior to or after the conclusion of the Auction, retract any Winning Bidder's emails which may have been sent out to bidders in error as a result of such error or delay;

(D) prior to or during an Auction, amend the start price allocated to an Item for sale online to reflect the last legitimate bid received before the error or delay occurred; and/or

(E) cancel an Auction and conduct the Auction again.

(d) In addition to Slattery Grays’ rights under clause 6.4(a), if we reasonably suspect that there is or may be any Prohibited Bids during an Auction, Slattery Grays may, at its discretion, remove any such Prohibited Bids, in which case, the next highest bid (once such Prohibited Bid has been removed) will become the current bid for the purposes of the Auction.

6.5 Reserve prices and price indication for Auctions, including reference to retail prices

(a) The Seller or Slattery Grays may nominate a minimum reserve price for an Item. A minimum reserve price may be specifically stated on the Listing, or it may be hidden (and therefore participants may not be made aware by Slattery Grays or the Seller of the exact reserve price). Subject to certain communication requirements between Slattery Grays and the Seller, the Seller and/or Slattery Grays (acting as agent on behalf of the Seller) (at its own discretion) may at any time lower the reserve price (but not below the current highest bid at the time).

(b) Any indication given by Slattery Grays of the value or price of an Item for sale by Auction is indicative only and may not be relied upon by you as a representation of the reserve price or likely reserve price.

(c) If you place a bid at an Auction and your bid is lower than the reserve price a notification of ‘Reserve not met’ will appear. Once bidding during an Auction meets or exceeds the reserve price the ‘Reserve not met’ label will be removed and the highest bid for each Item on the Listing at the end of the Auction will win. Please note that when you confirm your bid, it will be accepted as a valid bid, even when the ‘Reserve not met’ label is shown, however, such bids will not be the Winner’s Bid Amounts.

(d) If the reserve price is not met at the end of the Auction (that is, the Auction is unsuccessful) Slattery Grays may, at its discretion, contact the highest bidder below the reserve price.

(e) In certain circumstances, a Listing may display the manufacturer's original retail price (ORP) for the Item(s). A reference to ORP is not a reference to the current recommended retail price of the Item but rather a reference to the ORP supplied by the manufacturer, distributor or retailer of the Item. The ORP may not be the current retail price for the Item as at the time of the Sale.

(f) In certain circumstances, a Listing may include reference to the manufacturer's recommended retail price (RRP) for the Item(s). Usually if a RRP is included for an Item, it will have been supplied by the Seller, manufacturer or supplier of the Item. If so, Slattery Grays will assume the Seller, manufacturer or supplier of the Item considers the RRP is current at the time the Item is placed on the Site for sale.

(g) We will use reasonable efforts to verify any OPR or RRP for an Item included in any Listing, but you acknowledge that we accept no responsibility for the accuracy of any such OPR or RRP (unless any inaccuracy in any OPR or RRP is due to our (or our employees’ or contractors’) fraud, Gross Negligence or wilful misconduct).

6.6 No retraction of bids

(a) Unless otherwise prevented by law and for the purposes of protecting the integrity of the auction process, the parties agree to exclude the right of the bidder to retract from a bid under the relevant ‘Sale of Goods Act’ in the appropriate state or territory, being:

(i) section 60, Sale of Goods Act 1923 (NSW);

(ii) section 60, Sale of Goods Act 1954 (ACT);

(iii) section 60, Sale of Goods Act 1972 (NT);

(iv) section 59, Sale of Goods Act 1896 (QLD);

(v) section 57, Sale of Goods Act 1895 (SA);

(vi) section 62, Sale of Goods Act 1896 (Tas);

(vii) section 64, Goods Act 1958 (Vic); or

(viii) section 57, Sale of Goods Act 1895 (WA).

(b) Despite clause 6.6(a), Slattery Grays may in its discretion permit a bidder to retract a bid before an Auction closes if there are exceptional circumstances (for example, where a bidder has notified us that their Account details have been stolen or used by a third party). If you wish to retract a bid due to exceptional circumstances, please contact us using the contact details specified in this User Agreement.

6.7 Conclusion of Auction

(a) Subject to clause 6.4, an Auction will close at the closing time specified for that Auction in the Listing, unless during:

(i) for grays.com and the Grays mobile app: the 10 minutes immediately preceding the closing time; and

(ii) for slatteryauctions.com.au and eeveeauctions.com.au: the 2 minutes immediately preceding the closing time, a new bid is placed, in which case the Initial Refresh Period will commence and clause 6.7(b) will apply.

(b) If a new bid for an Auction is placed during:

(i) the Initial Refresh Period, a Subsequent Refresh Period will commence; or

(ii) any Subsequent Refresh Period, then a new Subsequent Refresh Period will commence.

(c) For the avoidance of doubt, there may be more than one Refresh Period. An Auction will continue to be extended in accordance with clause 6.7(b) until such time that no new bids are placed during any Refresh Period. We accept no responsibility for any missed or unsuccessful bids resulting from any slight variations that may occur in the length of the Refresh Period.

(d) When an Auction, in which you have participated, closes and you are the Winning Bidder, we will notify you of this by email to the email address nominated in your Account, including all costs payable for the Item in accordance with this User Agreement, the Item number and description.

(e) Non-receipt of an email from Slattery Grays notifying you that you are the Winning Bidder will not release you from your obligation to complete the purchase of an Item provided that the email has been validly sent by Slattery Grays to the email address nominated in your Account. If you do not receive an email from Slattery Grays notifying you that you are the Winning Bidder, please contact us using the contact details set out below in this User Agreement.

(f) If you are the Winning Bidder for an Item at an Auction, you must complete the transaction and purchase that Item.

7.1 Non-Refundable Deposit

For the purposes of this User Agreement, the Non-Refundable Deposit (NRD) is determined in accordance with the below calculation:

(a) if the Invoice Amount is less than or equal to $2,500: there is no NRD;

(b) if the Invoice Amount is greater than $2,500 and less than $5,000, the NRD = $250.00; and

(c) if the Invoice Amount is equal or greater than $5,000 and less than $10,000, the NRD = $500.00

(d) if the Invoice Amount is equal to or greater than $10,000, the NRD = $1,000.

7.2 Payment of Invoice Amount

(a) If you are the Winning Bidder in an Auction and the Invoice Amount is less than $5,000:

(i) the Invoice Amount must be paid by Credit Card, PayPal or Online Payment Method, and you hereby expressly authorise us to automatically debit your Credit Card, PayPal or Online Payment Method for the total Invoice Amount; and

(ii) subject to clause 7.1(a), if the total Invoice Amount cannot be automatically debited from your Credit Card, PayPal or Online Payment Method for any reason, you hereby expressly authorise us to automatically debit your Credit Card, PayPal or Online Payment Method the amount of the Non-Refundable Deposit.

(b) If you are the Winning Bidder in an Auction and the Invoice Amount is equal to or greater than $5,000:

(i) the Non-Refundable Deposit must be paid by Credit Card, PayPal or Online Payment Method (and you expressly authorise us to automatically debit your Credit Card, PayPal or Online Payment Method for the total amount of the Non-Refundable Deposit); and

(ii) the Invoice Amount (less the Non-Refundable Deposit, if applicable) must be paid by direct deposit in full to Slattery Grays’ nominated bank account on or before the Payment Due Date.

7.3 Surcharges

You acknowledge and agree that a surcharge will apply to all payments made by Credit Card, PayPal and/or Online Payment Method. The amount of the relevant surcharge will be specified on the Site prior to such surcharge being charged.

7.4 Other forms of payment not accepted

Bank, personal and business cheques and cash payments are not accepted as payment for a Sale.

7.5 Failure to make payment and late payment fee

(a) If you have failed to pay for an Item after the specified due date as notified by us, we may charge you a late payment fee for each day the account remains unpaid calculated at 1% of the Invoice Amount (excluding GST) or the highest rate permitted by law.

(b) Notwithstanding that you have been notified that you are a Winning Bidder or that you have purchased a Buy Now Sale Item, we may not proceed with completion of the Sale of an Item:

(i) if:

(A) your Credit Card, PayPal or Online Payment Method payment cannot be processed because you have provided us with incorrect details (including an incorrect or expired Credit Card);

(B) a payment you make by Credit Card or from your PayPal or Online Payment Method account is declined; or

(C) you do not pay the Invoice Amount into our nominated bank account on or before the Payment Due Date, and we have endeavoured, but were unable, to contact you to obtain any necessary information to complete the Sale of an Item; or

(ii) otherwise, we have endeavoured, but were unable, to contact you to obtain the necessary information to complete the Sale of an Item.

(c) If:

(i) a payment you make by Credit Card or from your PayPal or Online Payment Method account is declined or charged back by your financial institution, credit provider or a payments system (depending on your payment method) for any reason; or

(ii) you do not pay the Invoice Amount into our nominated bank account on or before the Payment Due Date, then we will endeavour to contact you and will attempt to process that payment again the following day. However, if a payment continues to be declined (as described in this clause 7.5(a)), or you fail to make the payment, and we elect not to proceed with completion of the Sale, this may result in you being charged a Cancellation Fee in accordance with clause 7.5(c).

(d) If:

(i) either of the circumstances in clause 7.5(b) apply;

(ii) we elect not to proceed with the sale; and

(iii) the Invoice Amount is greater than $1,000, then a cancellation fee of $250 (including GST) will be applied to your account to compensate us for our administrative costs (Cancellation Fee).

(e) If a Cancellation Fee is payable, it will:

(i) if possible, be charged/debited by us to your Credit Card or PayPal or Online Payment Method account (as applicable);

(ii) only be charged once per each outstanding Invoice Amount (i.e., it does not accrue); and

(iii) be waived if we have received payment of a Non-Refundable Deposit in respect of the Sale.

(f) If you are the Winning Bidder and you refuse to pay for, fail to complete or otherwise cancel your purchase of relevant Item(s) for reasons other than those permitted by applicable law, you acknowledge and agree that we may either:

(i) retain the Non-Refundable Deposit which has been paid in accordance with clause 7.2; or

(ii) charge you a Cancellation Fee, and the retention of the Non-Refundable Deposit by Slattery Grays and/or requirement to pay the Cancellation Fee in such circumstances is required in order to protect Slattery Grays’ legitimate business interests, including to deter false bids and to cover Slattery Grays’ costs of re-listing Items for Auction and the potential loss of business to Slattery Grays as a result of re-listing. If the sale is a sale of multiple lots, we reserve the right to treat these lots as interdependent and, if you default in respect of one lot, to treat this as default with respect to all lots.

(g) In addition to our rights under clause 7.1(d), if you refuse to pay for, fail to complete or otherwise cancel your purchase of relevant Item(s) for reasons other than those permitted by applicable law, we may, in our discretion and acting reasonably:

(i) bring court action against you for any outstanding amounts you owe us (less the Non-Refundable Deposit and/or Cancellation Fee that has been paid, if applicable), including any reasonable costs incurred by or as a result of bringing court action; and/or

(ii) resell the Item(s) in any manner and on such conditions as we see fit and, in some circumstances, we may make a claim against you for the losses we have incurred if the resale price is less than the Invoice Amount.

7.6 Seller commission

You acknowledge that Slattery Grays may receive commission from a Seller as a result of a Sale, and that such commission will be calculated as a percentage of the Sale price of the relevant Item.

7.7 GST

(a) In this clause, words and expressions that are not defined in this User Agreement, but which have a defined meaning in the GST Law, have the same meaning as in the GST Law.

(b) All bids placed in an Auction will be GST inclusive unless the owner of the item is not registered or required to be registered for GST (in which case no GST is payable on the bid placed for the Item). Items sold on behalf of owners not registered or required to be registered for GST will be identified in the Listing

(c) Except as otherwise provided in this User Agreement, all consideration payable under this User Agreement in relation to any supply is inclusive of GST.

(d) If GST is payable in respect of any supply made by a supplier under this User Agreement (GST Amount), the recipient must pay to the supplier an amount equal to the GST payable on the supply. Subject to clause 7.7(d), the recipient must pay the GST Amount at the same time and in the same manner as the consideration for the supply is to be provided under this User Agreement in full and without deduction, set off, withholding or counterclaim (unless otherwise provided in this User Agreement).

(e) The supplier must provide a tax invoice to the recipient before the supplier will be entitled to payment of the GST Amount under clause 7.7(c).

(f) If this User Agreement requires a party to pay, reimburse or contribute to any expense, loss or outgoing suffered or incurred by another party, the amount which the first party must pay, reimburse or contribute is the sum of:

(i) the amount of the payment, reimbursement or contribution, less any input tax credit in respect of the payment, reimbursement or contribution to which the other party is entitled; and

(ii) if the payment, reimbursement or contribution is subject to GST, an amount equal to that GST.

(g) If an adjustment event occurs in relation to a taxable supply under this User Agreement:

(i) the supplier must issue an adjustment note to the recipient within 7 days after becoming aware of the adjustment; and

(ii) any payment necessary to give effect to that adjustment must be made within 7 days after the date of receipt of the adjustment note.

(a) You acknowledge that cleared funds for the Invoice Amount must be received into our bank account before any Item(s) will be released by us or the Seller (as applicable) for collection or delivery. You must not attend our premises to collect any Item(s) until you have paid the Invoice Amount in full for those Item(s) at which time you will receive a $0 balance invoice.

(b) Where Items are not held by us on our premises, you must strictly observe and comply with any inspection and/or collection times and arrangements specified in the Listing. This is because we may have limited ability to access those Items. If you do not comply with the collection times and arrangements that are specified in the Listing, there is a risk that the Item will be removed from the premises, after notice is provided to you, and in such circumstances we will not be liable to you for the unavailability of the Item and we will not refund the Invoice Amount to you. We will, however, use all reasonable endeavours to assist you to arrange access to the Item again.

(c) If you physically attend any place where Items are stored to inspect or collect them, you must comply with:

(i) The Site Access Rules;

(ii) any policies, procedures or requirements of which you are made aware at such place;

(iii) any applicable laws regarding health and safety;

(iv) any requirements, directions or information (including any warnings about the Items or their location) in the Listing; and

(v) any requirements or directions provided by us or anyone authorised by us when inspecting or removing any Items from any location; and

(vi) all requirements of Chain of Responsibility laws.

(d) We reserve the right to refuse delivery, collection and/or to load an item where in our reasonable opinion it is unsafe and/or not in compliance with the Chain of Responsibility laws.

(e) You acknowledge that you inspect or remove Items (including in connection with collection) at any location at your own risk and you agree to indemnify Slattery Grays for any losses, damages or claims (including for personal injury or death) suffered or brought by you (or your representatives, agents or employees) as a result of inspecting, or removing (including collecting), Items, unless such losses, damages or claims arise solely and directly as a result of our (or our employees’ or contractors’) fraud, Gross Negligence or wilful misconduct.

(f) If we are unable to deliver an Item or you do not collect it within the specified time in the Listing, we may charge you a reasonable storage fee commensurate with the type of the Item and costs of storage.

(g) If any Item(s) are not collected within:

(i) 28 days of written notice to you with such notice to be issued by us at least 7 days post completion of a Sale for the Item(s); or

(ii) the required notice period contained within the applicable legislation, whichever is the longer period, the Item(s) will be deemed to be abandoned and to the extent permitted by applicable law, any abandoned Item(s) may be disposed of or resold by Slattery Grays, in its sole discretion, on terms we consider reasonable. To the extent permitted by law, we may elect to refund the proceeds of the Sale to you, less:

(iii) an amount equal to the greater of the Non-Refundable Deposit and the Buyers Premium; and

(iv) any applicable transport, handling and administration costs and/or storage costs.

(h) You acknowledge that Slattery Grays has no liability to you for damage to Item(s) purchased by you and collected directly from the Seller whilst they are in the care, custody or control of the Seller and the Seller remains liable for that damage.

(i) Some Items on our premises, including most salvage vehicles, cannot be moved without the use of a forklift or other equipment. You acknowledge and agree that:

(i) forklifts and/or other equipment may cause damage to the Item; and

(ii) we accept no liability for any loss or damage arising in these circumstances, except to the extent that such loss or damage arises solely or directly as a result of our Gross Negligence or wilful misconduct.

(j) If, following collection or delivery of an Item, you have a concern in relation to the quality, condition or other matter in relation to the Item, you may contact us to raise your concern. Our contact details are contained in clause 15.10. If you intend to seek a remedy from us in relation to that concern, you must:

(i) give us an opportunity to inspect the Item;

(ii) if we nominate a third party to complete the inspection, give that third party reasonable access to inspect the Item;

(iii) if we request that you return the Item to us for inspection, return the Item are your earliest convenience to facilitate the inspection; and

(iv) not undertake any modification or repair of the Item, or dispose of the Item, until we have completed our inspection and assessed your concern.

(k) If you fail to comply with your obligations under clause 8(j), you expressly acknowledge and agree that you may void your right to make a claim in relation to that concern and, to the extent permitted at law, we reserve our rights to decline any such claim if:

(i) we are reasonably unable to assess your concern;

(ii) you have modified or repaired the Item to such an extent that it is not possible for us to assess your concern;

(iii) you dispose of the Item prior the completion of our inspection and assessment of your concern; or

(iv) you have used the Item in such a way or to such an extent that you have exacerbated the issue that caused you concern; or

(v) subject to our approval (which will not be unreasonably withheld), you have used the Item

(a) Where Item(s) are to be delivered to the delivery address nominated by you in your Account, the risk in such Item(s) will pass to you:

(i) when such Item(s) are delivered; or

(ii) if such Item(s) are unable to be delivered to the address nominated by you in your Account or otherwise in accordance with your instructions (for example, if no one is present to accept delivery), when we or our delivery partner first attempts to deliver the Item(s).

(b) The address nominated by you for delivery in your Account must be a valid residential or commercial street address within Australia, and not a PO box or a storage facility.

(c) Delivery of Item(s) must be acknowledged by signature, as otherwise nominated by you in writing or agreed with us in writing. If it the first time you have ordered an Item from our ‘Wine’ category, you must be personally and physically present to receive delivery of the Item, you must provide valid photo identification to the delivery driver and must sign for the Item on delivery.

(d) You cannot change or request to change your nominated delivery address details with respect to a Sale, after a Sale has closed. We are not responsible if any Item(s) are not delivered where the delivery arrangements or delivery address details are changed (or are attempted to be changed) after a Sale has closed.

(e) If Item(s) are to be collected by you from a location nominated in the Listing, the risk in such Item(s) will pass to you when we receive the total Invoice Amount for the Item(s) in cleared funds.

(f) Title in any Item(s) will only pass to you when we receive the total Invoice Amount in cleared funds.

(g) You acknowledge and agree that you will carry out, or cause to be carried out, a detailed health, safety, hazard and compliance review of all Item(s) which you purchase on the Site prior to operating and/or using the Item(s).

(a) The Slattery Grays Returns Policy applies to purchases of Item(s) using the Site and forms part of this User Agreement.

(b) The Slattery Grays Returns Policy applies in addition to any rights you may have as a consumer under the Australian Consumer Law, and nothing in the Slattery Grays Returns Policy is intended to exclude, restrict or modify any condition, guarantee, warranty, right or remedy which you may have under the Australian Consumer Law or any other applicable legislation which may not be excluded, restricted or modified by agreement.

11.1 Closure of Account

(a) You may request to close your Account at any time by emailing us at:

(i) For accounts with grays.com: [email protected].

(ii) For accounts with slatteryauctions.com.au or eeveeauctions.com.au: [email protected]

(b) We will only close your Account if:

(i) any Auction in which you have bid has closed;

(ii) any Buy Now Sale in which you have participated is finalised; and

(iii) we have received, in cleared funds, all amounts you owe us under this User Agreement.

(c) Closing your Account will end your ability to access the Services and you will need to register again with Slattery Grays if you change your mind. Any data or personal information Slattery Grays has collected about you or your use of the Services will be handled in accordance with our Privacy Policy.

11.2 Suspension and termination

(a) Notwithstanding anything else in this User Agreement, we may immediately suspend or terminate your Account without notice or cause for any of the following reasons:

(i) you are in material breach of this User Agreement;

(ii) you have failed to provide correct personal information in accordance with clause 4.2 or clause 4.3(b);

(iii) we are of the reasonable opinion that you have placed a Prohibited Bid;

(iv) we are of the reasonable opinion that you have engaged in aggressive, intimidating or harassing conduct in connection with the Site or your use of the Services;

(v) we reasonably suspect that you have used the Site, the Services and/or your Account in a fraudulent, dishonest or criminal manner;

(vi) we reasonably suspect that you are the subject of any trade or economic sanctions, or that your use of the Services may give rise to a contravention of any trade or economic sanctions applying to you or Slattery Grays or any other person, or you are located in a country or region which is the subject of any trade or economic sanctions or your use of the Services would take place in any such country or region (in whole or in part);

(vii) Slattery Grays considers that you have done something that is detrimental to Slattery Grays’ business interests or reputation or those of any of its third parties;

(viii) if we reasonably suspect (or if you notify us) that your Account has been hacked or is the subject of malicious activity caused by a third party;

(ix) you fail to pay, fail to complete or otherwise cancel your purchase of any relevant Item(s) for reasons other than those permitted by applicable law; or

(x) you have any outstanding debts or payments owed to Slattery Grays not related to the purchase of Item(s).

(b) Notwithstanding anything else in this User Agreement, we may suspend or terminate your Account with immediate effect by providing you with written notice for any of the following reasons:

(i) we have ceased to provide the Services or any Account functionality, in whole or in part; or

(ii) our business or contractual relationships with third parties require us to do so.

(c) Subject to applicable law, you acknowledge that neither we, nor any other person, will have any liability to you for any reason whatsoever arising from suspension or termination of your access to the Site, the Services and/or your Account. If you consider your Account has been wrongfully suspended or terminated, please reach out to us using the contact details set out in this User Agreement.

11.3 Reactivation of Account

(a) If your Account is suspended or terminated under clause 11.2, you may request reactivation of your Account by sending a request to Slattery Grays in writing.

(b) If Slattery Grays is satisfied that the issue which caused the suspension or termination of your Account is resolved, including the payment of any outstanding amounts owed to Slattery Grays, Slattery Grays may in its absolute discretion, reactivate your Account.

12.1 Your statutory rights Your rights in this User Agreement are in addition to any rights you have as a consumer under the Australian Consumer Law and the relevant motor dealer legislation in each State and Territory. You can generally find out more about consumer rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State or Territory fair trading authorities.

12.2 Consumer guarantees

(a) If you are a consumer under the Australian Consumer Law, and having regard to clause 12.1, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.

(b) In addition to the remedies set out in clause 13.2(c), you may be entitled to additional remedies as provided under the Australian Consumer Law.

(c) The following consumer guarantees in the Australian Consumer Law do not apply to the sale of goods by auction that is conducted by an agent:

(i) section 54, relating to acceptable quality;

(ii) section 55, relating to fitness for any disclosed purpose;

(iii) section 56, relating to the supply of goods by description;

(iv) section 57, relating to the supply of goods by way of sample or demonstration model;

(v) section 58, relating to repairs and spare parts; and

(vi) section 59, relating to express warranties.

(d) The following consumer guarantees in the Australian Consumer Law do apply to the sale of goods by auction that is conducted by an agent:

(i) section 51, relating to title;

(ii) section 52, relating to undisturbed possession; and

(iii) section 53, relating to undisclosed securities.

(e) If an Item is described in a Listing as being faulty or in a damaged or used condition, you acknowledge that condition when choosing to purchase that Item. To the extent permitted under the Australian Consumer Law, we accept no liability for the condition of such an Item.

12.3 Statutory warranties

(a) In addition to the rights that exist under the Australian Consumer Law, there are certain statutory warranties which apply to the sale of second hand motor vehicles in Australia.

(b) To the extent permitted by applicable law, Slattery Grays, in its capacity as agent for the Seller, accepts no liability for any valid statutory warranty claims relating to any Item purchased on the Site.

(c) Nothing in this clause 12.3 limits your right to make a claim against the Seller under the relevant statutory warranty provisions which may apply.

13.1 Our liability to you in respect of technological errors

(a) While we take reasonable steps to ensure the availability and security of the Site, you accept that the Site is provided on an ‘as is’ basis. We do not warrant or guarantee that the Site will be continuously available, and we will not be liable if the Site or any part of the Site is unavailable at any time for any reason. We do not represent, warrant or undertake that the Site will be error, defect, ‘bug’ or ‘virus’ free.

(b) In an Auction, we are not responsible for bids (including AutoBids) which are not received, processed or accepted as a result of technological difficulties, unless such technological difficulties arise solely and directly as a result of our fraud, Gross Negligence or wilful misconduct. In particular, we are not responsible for any loss, liability or damage incurred by you as a result of any bid (including an AutoBid) that is not received, processed or accepted as a result of technological difficulties.

(c) If the Site is unavailable or there are errors or delays as a result of or in connection with technological difficulties with the Site, we may (acting reasonably) take any of the actions set out in clause 6.4.

13.2 Limitation of our liability to you

(a) Except as otherwise provided in this User Agreement, Slattery Grays excludes all implied representations, warranties, terms and conditions of any kind whatsoever (whether implied by common law, statute or otherwise) to the fullest extent permitted by applicable law (including any implied representations, warranties, terms or conditions that the Services are of satisfactory quality or fit for their purpose).

(b) We do not exclude liability under any guarantee, condition or warranty which cannot be excluded by law. For example, as stated at clause 12.1, your rights in this User Agreement are in addition to any rights you have as a consumer under the Australian Consumer Law and nothing in this User Agreement is intended to exclude, restrict or modify any condition, guarantee, warranty, right or remedy which you may have under the Australian Consumer Law or any other applicable legislation which may not be excluded, restricted or modified by agreement.

(c) Without limiting clause 13.2(b), to the fullest extent permissible by law, we expressly limit our liability, at our option:

(i) in the case of goods supplied, to:

(A) the replacement or repair of the goods;

(B) the supply of equivalent goods; or

(C) making a full or partial refund for the goods to you;

and

(ii) in the case of services supplied, to:

(A) supply of the services again;

(B) payment of the costs of having the services supplied again; or

(C) making a full or partial refund for the services to you.

(d) Without limiting clauses 13.2(a) through 13.2(c) and subject to our obligations under the Australian Consumer Law, neither Slattery Grays nor you shall be liable to the other for any indirect or consequential loss or damage whatsoever (including lost profits or interruption of business), arising out of or in connection with this User Agreement.

13.3 Indemnities and releases

(a) To the extent permitted by applicable law, you waive, release, discharge and relinquish any and all claims that you now have or may have against us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to the use of the Services, except to the extent that any claim arises solely and directly as a result of our fraud, Gross Negligence or wilful misconduct or our breach of this User Agreement.

(b) You agree to indemnify and hold us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives (the Indemnified Parties) harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by the Indemnified Parties arising out of or in connection with the performance of their obligations under this User Agreement including any legal costs, fees and expenses of defending ourselves against any claim by any or all of the parties to any transaction and/or by any other person, as a result of your negligent or wrongful act or omission.

(c) You further agree to indemnify and hold us, and the Indemnified Parties, harmless from any claim or demand, including legal fees on a full indemnity basis, made by any third party due to or arising out of a breach of this User Agreement by you.

If there is a dispute between Slattery Grays and you with respect to this User Agreement, the parties agree to seek to resolve the dispute through a discussion in the first instance. For users of grays.com or the Grays mobile app, you may also seek resolution of a dispute under our Complaints Management Policy.

15.1 Severability

(a) Any provision of this User Agreement that is held to be illegal, invalid, void, voidable or unenforceable must be read down to the extent necessary to ensure that it is not illegal, invalid, void, voidable or unenforceable.

(b) If it is not possible to read down a provision as required by clause 15.1(a), part or all of the clause of this User Agreement that is unlawful or unenforceable will be severed from this User Agreement and the remaining provisions continue in force.

15.2 Waiver

The failure of a party at any time to insist on performance of any provision of this User Agreement is not a waiver of the party’s right at any later time to insist on performance of that or any other provision of this User Agreement.

15.3 Non-disparagement

Slattery Grays values your honest and constructive feedback and does not wish to discourage you from commenting on our Services, including in online reviews. However, you agree that you must not (directly or indirectly), in any communications (including with the press, in other media or with any other person) make a statement which is false or dishonest about Slattery Grays, its directors, officers, employees, agents or contractors, or about Slattery Grays’ Services.

15.4 Governing law

This User Agreement is governed by the law applying in the State or Territory where the Sale took place and the parties submit to the non-exclusive jurisdiction of the courts of that State or Territory.

15.5 Proportionate liability regimes excluded

To the extent permitted by applicable law, the operation of any proportionate liability regime (including Part 4 of the Civil Liability Act 2002 (NSW)) is excluded in relation to any claims, rights, obligations and liabilities arising under or in connection with this User Agreement (however arising).

15.6 Trustee warranties

(a) If you are the trustee of a trust (whether disclosed to Slattery Grays or not), you warrant to Slattery Grays that:

(i) you enter into this User Agreement in both your capacity as trustee and in your personal capacity;

(ii) you have the right to be indemnified fully out of trust assets in respect of all of the obligations and liabilities incurred by you under this User Agreement;

(iii) you have the power under the trust deed of the trust to enter into and perform your obligations under the User Agreement; and

(iv) you will not retire or take any action to resign as trustee as the trust or appoint any new or additional trustee without advising Slattery Grays.

(b) You must give Slattery Grays a copy of any relevant trust deed upon request.

15.7 Force Majeure

A party will have no liability to the other party in respect of anything which, apart from this clause, may constitute breach of this User Agreement arising by reason of a Force Majeure Event. If a party is affected by a Force Majeure Event, that party must promptly notify the other party in writing (including by providing reasonable details about the fact and circumstance giving rise to that Force Majeure Event).

15.8 Entire agreement

This User Agreement, together with any additional terms and conditions set out in a Listing or on the Site or otherwise provided to you from time to time, constitutes the entire agreement between the parties relating to the subject matter and supersede any contract, deed, arrangement, related condition, collateral arrangement, condition, warranty, indemnity or representation relating to the subject matter, that was imposed, given or made by a party (or an agent of a party) prior to entering into this User Agreement.

15.9 Inconsistency

Except to the extent expressly specified otherwise, if there is any inconsistency between the provisions of this User Agreement and any other terms and conditions, the provisions of this User Agreement will prevail to the extent of the inconsistency.

15.10 Contact us

If you have any questions about our Site or this User Agreement, or concerns about our Site or Services, please contact us at:

(a) For grays.com and the Grays mobile app:

(i) Email: [email protected]; and/or

(ii) Postal address: Slattery Grays Auction Group Pty Ltd, 230 Old Maitland Rd, Hexham NSW 2322

(b) For slatteryauctions.com.au and eeveeauctions.com.au:

(i) Email: [email protected]; and/or

(ii) Postal address: Slattery Auctions Australia Pty Ltd, 230 Old Maitland Rd, Hexham NSW 2322

16.1 Delivery of notice

(a) A notice or other communication given to a party under this User Agreement must be in writing and in English, and must be delivered to the party by:

(i) delivering it personally to the party;

(ii) leaving it at the party’s nominated address or registered office;

(iii) posting it by prepaid post to the party at the party’s nominated address or registered office; or

(iv) email to the party’s nominated email address.

(b) If the person to be served is a company, the notice or other communication may be served at the company’s registered office.

16.2 Notice details

Any party may change its notice details by giving notice to the other parties.

16.3 Time of service

(a) A notice or other communication is taken to be delivered:

(i) if delivered personally or left at the person’s address, upon delivery;

(ii) if posted within Australia to an Australian address:

(A) using express post, 2 Business Days after posting; and

(B) using any other prepaid post, 6 Business Days after posting; and

(iii) if delivered by email, at the time the email left the sender’s email system, unless the sender receives notification that the email was not received by the recipient.

(b) Despite clause 16.3(a), a notice or other communication which is received after 5:00pm on a non-business day (each in the place of receipt), is taken to be delivered at 9:00am on the next business day in the place of receipt.

17.1 Definitions In this User Agreement:

(a) Account means has the meaning given in clause 4.2(a).

(b) Agency Agreement means an agreement entered into between a Seller and Slattery Grays (or any of its related bodies corporate) to facilitate the Sale of Items.

(c) Auction means a sale or prospective sale of Item(s) by auction on the Site.

(d) Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

(e) AutoBid means the process by which you elect and submit a maximum bid amount and our Auction system will automatically incrementally increase your existing bid in the event that your existing bid is exceeded by another bidder up to your maximum bid amount on the Site.

(f) Booking-In Procedure means a visual inspection of an Item which is based, at most, on an external walk-around of the Item, or visual inspection.

(g) Buy Now Sale means a sale labelled as being a ‘buy now’ sale on the Site.

(h) Buyer means the successful purchaser of any Items sold by a Seller by way of an Auction or Buy Now Sale.

(i) Buyers Premium means, with respect to an Auction, a fixed fee and/or a percentage of the Winner's Bid Amount as identified on the Listing. Where a fixed fee is specified, the fee is inclusive of GST. Where a percentage is noted, the Buyers Premium is inclusive of GST and is calculated using the Sale price for the Item.

(j) Cancellation Fee has the meaning given in clause 7.5(c)

(k) ‘Chain of Responsibility’ means the road safety regime contained in State, Territory and Commonwealth legislation that provides that all parties who commission the carriage of goods or the provision of services by or involving heavy vehicles on roads may be held liable for breaches of road safety and road related laws applicable to the performance of this User Agreement, including, without limitation, all laws directly or indirectly related to:

(i) the licensing, operation and condition of any vehicles;

(ii) mass, load and restraint requirements for the carriage of goods in all relevant jurisdictions;

(iii) driving hours, speed limits, and traffic rules;

(iv) the national transport commission load restraint guidelines found at https://www.ntc.gov.au/codes-and-guidelines/load-restraint-guide as updated from time to time; and

(v) heavy vehicle driver fatigue.

(l) Credit Card means the credit card or debit card that you have registered on your Account, which must be either American Express, Diners Club, MasterCard or Visa.

(m) Effective Date has the meaning given in clause 2(c).

(n) Force Majeure Event includes acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, civil commotion, including acts of local government and parliamentary authority, epidemic, pandemic or public health emergency, and any resulting governmental action including work stoppages, mandatory business, service or workplace closures, full or partial lockdowns or affected areas, quarantines, border closures and travel restrictions, breakdown of equipment and labour disputes.

(o) Slattery Grays Returns Policy means the policy found at [Slattery Grays Returns policy].

(p) Gross Negligence means a negligent act or omission that arises as a result of a significant departure from the standard of care that would ordinarily be expected from a highly skilled and experienced person engaged in the same type of undertaking under the same or similar circumstances as the negligent person.

(q) GST means GST within the meaning of the GST Law.

(r) GST Law has the meaning given to that term in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

(s) Initial Refresh Period means the first Refresh Period that commences with respect to an Auction when a bid is placed during:

(i) for grays.com and the Grays mobile app: the 10 minutes immediately preceding the closing time specified for that Auction; and

(ii) for slatteryauctions.com.au and eeveeauctions.com.au the 2 minutes immediately preceding the closing time specified for that Auction,

as set out in clause 6.7(a).

(t) Invoice Amount means:

(i) in respect of an Auction:

(A) the Winner’s Bid Amount (including, where applicable, GST);

(B) the Buyers Premium;

(C) any other fees and charges specified in the Listing, including any other taxes, Credit Card, PayPal or Online Payment Method payment surcharges, administration fees, shipping, handling & administration fees; and

(ii) in respect of a Buy Now Sale, the purchase price of the Item(s) together with any other applicable fees and charges specified in the Listing, for example delivery charges.

(u) Item means any item, including any goods, products or motor vehicles, listed for Sale via the Site.

(v) Listing means the page on the Site that describes each particular Item(s) for Sale, which may include special terms and conditions in respect of the Item(s) or Sale of the Item(s).

(w) Minimum Bid Threshold means, if a minimum bid threshold applies to an Auction as specified in the Listing, the minimum amount that each bid placed must be equal to or greater than.

(x) Non-Refundable Deposit has the meaning given in clause 7.1.

(y) Online Payment Method means an online payment method accepted by Slattery Grays (with such acceptance being advised by Slattery Grays to you from time to time).

(z) Payment Due Date means 11:59pm (AEST or AEDT), 3 calendar days after the invoice date (inclusive) (the invoice date is stated on the Slattery Grays invoice issued to you for the Invoice Amount). For example, if the invoice date for an invoice is 23 March 2025, then for that invoice, the Payment Due Date is 11:59pm (AEST or AEDT) 26 March 2025. This is unless your invoice specifically states that another later Payment Due Date applies or as agreed with us in writing.

(aa) PayPal means an Online Payment Method through the PayPal service.

(bb) Prohibited Bid includes any:

(i) dummy bid, bid shilling, bid placed with the intention of ‘bid rigging’ or any other fraudulent or malicious bid; or

(ii) bid placed by, or on behalf of, the Seller of the relevant Item,

at an Auction.

(cc) Refresh Period means any Initial Refresh Period or Subsequent Refresh Period.

For example:

(i) on grays.com or the Grays mobile app:

(A) where an Auction is scheduled to end at 3:00pm, and a bid is placed at 2:53pm, assuming there are no further bids placed, the Auction will close at 3:03pm; and

(B) where an Auction is scheduled to end at 3:00pm, and a bid is placed at 2:53:45 pm, assuming there are no further bids placed, the Auction will close at 3:03:00 pm; and

(ii) on slatteryauctions.com.au and eeveeauctions.com.au:

(A) where an Auction is scheduled to end at 3:00pm, and a bid is placed at 2:59pm, assuming there are no further bids placed, the Auction will close at 3:01pm; and

(B) where an Auction is scheduled to end at 3:00pm, and a bid is placed at 2:59:45 pm, assuming there are no further bids placed, the Auction will close at 3:02:00 pm; and

(dd) Sale means a sale facilitated by Slattery Grays via the Site, including an Auction or Buy Now Sale.

(ee) Seller means the seller of any Items via the Site, including through an Auction or Buy Now Sale.

(ff) Services means any of the services offered by Slattery Grays (including providing access to the Site and facilitating Sales).

(gg) Site Access Rules means, when attending our premises or any other premises identified in a Listing to inspect or collect an Item, you must:

(i) comply with any entry or inspection conditions listed at the premises and any directions given by our staff, our representatives or the site controller;

(ii) conduct yourself in a manner which does not endanger the health and safety of other persons on the premises and which does not create a risk to health and safety to any other persons on the premises;

(iii) walk in designated walkways unless in the visitor car park, in which case general car park rules will apply;

(iv) wear closed in shoes, smoke in designated areas only and not bring animals or alcohol onto the premises;

(v) ensure that all children under the age of 15 are accompanied by an adult and supervised at all times; and

(vi) if required having regard to the hazards and risks on the premises, wear personal protective equipment (PPE) which may include safety footwear, safety eyewear, hearing protection, and head protection.

(hh) Subsequent Refresh Period means a 2 or 10 minute period (as per the rules on the relevant Site) that commences when a new bid is placed during the Initial Refresh Period or any prior or subsequent Refresh Period.

(ii) User Agreement refers to these terms and conditions, including any additional terms and conditions incorporated by reference in these terms and conditions.

(jj) Winner’s Bid Amount refers to:

(i) the amount of the highest bid at an Auction; or

(ii) where there is more than a single quantity of an Item in the Listing, the highest bids placed by the Winning Bidder(s) for the respective quantities of Items the Winning Bidder(s) has bid on.

(kk) Winning Bidder refers to the bidder who has the highest bid at the conclusion of an Auction.

17.2 Interpretation

(a) In this User Agreement, unless expressed to the contrary:

(i) words denoting the singular include the plural and vice versa;

(ii) the word ‘includes’ in any form is not a word of limitation;

(iii) where a word or phrase is defined, another part of speech or grammatical form of that word or phrase has a corresponding meaning;

(iv) headings and sub-headings are for ease of reference only and do not affect the interpretation of this User Agreement; and

(v) no rule of construction applies to the disadvantage of the party preparing this User Agreement on the basis that it prepared or put forward this User Agreement or any part of it.

(b) In this User Agreement, unless expressed to the contrary, a reference to:

(i) a gender includes all other genders;

(ii) any legislation (including subordinate legislation) is to that legislation as amended, re-enacted or replaced and includes any subordinate legislation issued under it;

(iii) any document (such as a deed, agreement or other document) is to that document (or, if required by the context, to a part of it) as amended, novated, substituted or supplemented at any time;

(iv) writing includes writing in digital form;

(v) this ‘User Agreement’ is to this User Agreement as amended from time to time;

(vi) ‘$’, ‘AUD’ or ‘dollars’ is a reference to Australian dollars;

(vii) a clause, schedule or attachment is a reference to a clause, schedule or attachment to this User Agreement;

(viii) a person includes a firm, partnership, joint venture, association, corporation or other body corporate;

(ix) any property or assets of a person includes the legal and beneficial interest of that person of those assets or property, whether as owner, lessee or lessor, licensee or licensor, trustee or beneficiary or otherwise;

(x) a person includes the legal personal representatives, successors and permitted assigns of that person, and in the case of a trustee, includes any substituted or additional trustee; and

(xi) any body (Original Body) which no longer exists or has been reconstituted, renamed, replaced or whose powers or functions have been removed or transferred to another body or agency, is a reference to the body which most closely serves the purposes or objects of the Original Body.

1 General

(a) These ‘Special Conditions for Buy Now Sales’ apply to Buy Now Sales (Buy Now Special Conditions). Unless expressly specified otherwise, these Buy Now Special Conditions are in addition to the terms and conditions of the User Agreement (Standard Terms) and do not vary or replace the Standard Terms.

(b) If there is any inconsistency between these Buy Now Special Conditions, the Standard Terms and any additional terms and conditions set out on the Listing, the following order of precedence applies:

(i) these Buy Now Special Conditions;

(ii) the Standard Terms; and

(iii) any additional terms and conditions set out on the Listing.

2 Provisions which do not apply

(a) The following Standard Terms do not apply to Buy Now Sales:

(i) Clause 6.2 (Bidding at Auctions);

(ii) Clause 6.3 (Auction procedure);

(iii) Clause 6.4 (Changes to Auction);

(iv) Clause 6.5 (Reserve prices and price indication for Auctions, including reference to retail prices);

(v) Clause 6.6 (No retraction of bids);

(vi) Clause 6.7 (Conclusion of Auction); and

(vii) Clause 7.2 (Payment of Invoice Amount).

3 Price Indications

(a) Any indication given by Slattery Grays of the value or price of an Item in a Listing is indicative only and may not be relied upon by you as a representation of the actual value or price of the Item.

(b) In certain circumstances, a Listing may display the manufacturer's original retail price (ORP) for the Item(s). A reference to ORP is not a reference to the current recommended retail price of the Item, but rather is a reference to the ORP supplied by the manufacturer, distributor or retailer of the Item. The ORP may not be the current retail price for the Item as at the time of the Sale.

(c) In certain circumstances, a Listing may include reference to the manufacturer's recommended retail price (RRP) for the Item(s). Usually if a RRP is included for an Item, it will have been supplied by the Seller, manufacturer or supplier of the Item. If so, Slattery Grays will assume the Seller, manufacturer or supplier of the Item considers the RRP is current at the time the Item is placed on the Site for sale.

(d) We will use reasonable efforts to verify any OPR or RRP for an Item included in any Listing, but you acknowledge that we accept no responsibility for the accuracy of any such OPR or RRP (unless any inaccuracy in any OPR or RRP is due to our (or our employees’ or contractors’) fraud, Gross Negligence or wilful misconduct).

4 Completion of Sale and Payment of Invoice Amount

(a) If you purchase an Item in a Buy Now Sale, we will notify you by email to the email address nominated in your Account, including all costs payable for the Item in accordance with this User Agreement, the Item number and the description.

(b) Non-receipt of an email from Slattery Grays notifying you that you have purchased the Item will not release you from your obligation to complete the purchase and accept the Item. If you do not receive an email from Slattery Grays notifying you that your purchase has been successful, please contact us using the contact details set out in this User Agreement.

(c) If you purchase an Item in a Buy Now Sale, you must pay the Invoice Amount by Credit Card, PayPal or Online Payment Method and you hereby expressly authorise us to automatically debit your Credit Card, PayPal or Online Payment Method for the total Invoice Amount.

1 General

(a) These ‘Special Conditions for Expression of Interest / Direct Negotiation Sales’ apply to Sales which are completed following a request for an expression of interest (EOI) or through a direct negotiation where an Auction does not take place (Direct Negotiation) (EOI / DN Special Conditions). Unless expressly specified otherwise, these EOI / DN Special Conditions are in addition to the terms and conditions of the User Agreement (Standard Terms) and do not vary or replace the Standard Terms.

(b) If there is any inconsistency between these EOI / DN Special Conditions, the Standard Terms and any additional terms and conditions set out on the Listing, the following order of precedence applies:

(i) these EOI / DN Special Conditions;

(ii) the Standard Terms; and

(iii) any additional terms and conditions set out on the Listing.

2 Provisions which do not apply

(a) The following Standard Terms do not apply to an EOI or a Direct Negotiation sale:

(i) Clause 6.2 (Bidding at Auctions);

(ii) Clause 6.3 (Auction procedure);

(iii) Clause 6.4 (Changes to Auction);

(iv) Clause 6.5 (Reserve prices and price indication for Auctions, including reference to retail prices);

(v) Clause 6.6 (No retraction of bids);

(vi) Clause 6.7 (Conclusion of Auction); and

(vii) Clause 7.2 (Payment of Invoice Amount).

3 Expressions of interest

(a) On occasion, a Listing may indicate that we are seeking EOIs in relation to an Item.

(b) If you are interested in an Item which is listed as an EOI, you are invited to contact us via the person named on the Listing to express your interest in that Item.

(c) During the period for expressions of interest, we will liaise with the Seller to determine whether the Item will be sold by Direct Negotiation or listed for Auction.

(d) If the Item is listed for Auction, the Standard Terms (including, for the avoidance of doubt, those listed in clause 2 of these EOI / DN Special Conditions) and any additional terms and conditions set out in the Listing will apply to the Auction of that Item.

(e) If the Item is sold by Direct Negotiation, the terms and conditions in clauses 4 and 5 of these EOI / DN Special Conditions will apply.

4 Direct Negotiation

(a) If a Seller instructs us to engage in Direct Negotiation in relation to an Item, we will liaise with you as agent on behalf of the Seller to determine if you would like to purchase the relevant Item.

(b) In this context, you acknowledge and agree that:

(i) Slattery Grays has been appointed as agent for the Seller to facilitate the sale of the relevant Item(s) in accordance with an Agency Agreement;

(ii) Slattery Grays will negotiate in good faith on behalf of the Seller to facilitate the sale of the relevant Item(s);

(iii) the contract for sale of the relevant Item(s) is between you and the Seller;

(iv) Slattery Grays is in no way party to any contractual relationship formed between any Seller and any Buyer in relation to a sale of any Item(s) through Direct Negotiation;

(v) to the extent permitted by law and subject to any obligations which Slattery Grays has under the Australian Consumer Law or the Standard Terms, Slattery Grays, in its capacity as agent for the Seller, accepts no liability for any claims relating to any Item(s) purchased through Direct Negotiation with a Seller; and

(vi) nothing in this clause 4 limits your right to make a claim against the Seller under relevant statutory obligations which may apply to the Seller.

(c) If you reach an agreement with a Seller to purchase an Item by Direct Negotiation, we will use reasonable endeavours to support completion of the sale, including facilitating the finalisation of any terms and conditions which may be required to complete the sale.

5 Completion of sale and payment of Invoice Amount

(a) If you purchase an Item by Direct Negotiation, we will send an invoice to the email address nominated in your Account. This invoice will confirm the Item number and description and all costs payable for the Item.

(b) Non-receipt of an email from Slattery Grays notifying you that you have purchased the Item will not release you from your obligation to complete the purchase and accept the Item. If you do not receive an email from Slattery Grays notifying you that your purchase has been successful, please contact us using the contact details set out in this User Agreement.

(c) If you purchase an Item by Direct Negotiation, you must pay the stated amount (which may include a deposit) by direct deposit by the date specified on the invoice.

1 General

(a) These ‘Special Conditions for Motor Vehicle Sales’ apply to the sale of Motor Vehicles (Motor Vehicle Special Conditions). Unless expressly specified otherwise, these Motor Vehicle Special Conditions are in addition to the terms and conditions of the User Agreement (Standard Terms) and do not vary or replace the Standard Terms.

(b) If there is any inconsistency between these Motor Vehicle Special Conditions, the Standard Terms and any additional terms and conditions set out on the Listing, the following order of precedence applies:

(i) the Standard Terms;

(ii) any additional terms and conditions set out on the Listing; and

(iii) these Motor Vehicle Special Conditions.

2 Title

(a) We guarantee that each Motor Vehicle will have clear title as soon as we have received the total Invoice Amount in cleared funds pursuant to clause 9 of the Standard Terms.

(b) In some cases, you may find that if you perform a PPSR check (highly recommended) on the Motor Vehicle, the Motor Vehicle may have a security interest registered on the PPSR. This security interest will ordinarily be released from the PPSR as soon as the Motor Vehicle is sold at Auction and monies for the Invoice Amount for that Motor Vehicle are cleared in our account. Please allow a minimum of 28 days for any security interest to be released.

3 Motor Vehicle condition

When bidding on a Motor Vehicle at Auction, you acknowledge and agree that:

(a) we do not test Motor Vehicles to check their condition or to ensure that they function according to any manufacturers specifications;

(b) any general description we provide of a Motor Vehicle’s condition is based, at most, on an external walk-around of the Motor Vehicle, our visual inspection, and engine start up. We generally do not test drive Motor Vehicles (these activities together known as a Slattery Grays Inspection);

(c) Motor Vehicles may have damage, mechanical issues and body blemishes which we have not sighted during the Slattery Grays Inspection and which are not included on a Listing;

(d) if a Motor Vehicle is described as 'Used', the Motor Vehicle may have experienced moderate to heavy usage by a previous user; and

(e) Motor Vehicle accessories may vary from those originally supplied by the manufacturer.

4 Inspecting Motor Vehicles

(a) We recommend that you conduct a full inspection of a Motor Vehicle before bidding on that Motor Vehicle at Auction.

(b) You may inspect a Motor Vehicle offered for Sale in person, through a third party service or nominee or virtually at a time prescribed. Inspection times, dates and locations will ordinarily be stated in the Listing.

(c) You must provide us with a valid driver’s licence in order to obtain keys to a Motor Vehicle for the purpose of carrying out an inspection. We will provide the keys to you for the sole purpose of starting the Motor Vehicle.

(d) You must not excessively rev a Motor Vehicle during an inspection.

(e) You must not drive the Motor Vehicle during the inspection. If you drive a Motor Vehicle during an inspection we may demand the return of the keys and ask you to leave the premises.

5 Collecting the motor vehicle

(a) It is your responsibility to collect any Motor Vehicle purchased on the Site from the location nominated on the Listing. Collection must be made during the hours of operation of that premises.

(b) We may not release the purchased Motor Vehicle to you unless you provide us with:

(i) a copy of an email from us which states you are the Winning Bidder together with a copy of the relevant invoice for the Sale;

(ii) a photocopy of the driver’s licence or other photo identification of the person collecting the Motor Vehicle;

(iii) in circumstances where you have arranged for a third party to collect the Motor Vehicle on your behalf, a signed note of authority from you authorising that third party to collect the Motor Vehicle; and

(iv) in circumstances where a transport company is collecting the Motor Vehicle, the transport company’s name, contact person and job number.

(c) Motor Vehicles must be collected within 5 business days of the date of the Sale. This time period may be extended if you make alternative arrangements with us which we accept in writing. We may in our absolute discretion either accept or decline any such alternative arrangements. To make alternative arrangements, please contact the Slattery Grays auto team at the site where the Motor Vehicle is located.

6 Storage fees

(a) If you do not collect the Motor Vehicle within the time period prescribed in clause 5 of these Motor Vehicle Special Conditions (or such later time as we agree in writing), you must pay us storage fees as follows: $60 per day/$420 per week (exclusive of GST).

(b) Any storage fees must be paid in full before the Motor Vehicle is released for collection.

7 Warranty and cooling-off period

(a) You acknowledge that when you purchase a Motor Vehicle by Auction there is no cooling-off period.

(b) You acknowledge that any inspection report (including pink slip, blue slip, NRMA, RACV, RACQ report or similar) offered with any Motor Vehicle sold at Auction has been supplied by the Seller and not us and we cannot, and do not, warrant or guarantee the correctness or accuracy of anything contained in, or implied by, any such report.

(c) A manufacturer’s warranty may apply to some Motor Vehicles. We cannot be, and are not, responsible for the content of any manufacturer’s warranty. Please contact the relevant manufacturer in relation to any manufacturer’s warranty provided.

8 Registration

(a) As registration and ownership requirements vary in different states and territories, you should familiarise yourself with the registration requirements of the state or territory in which the Motor Vehicle will be registered. Further information regarding registration requirements may be available on the following websites:

(i) VIC: https://www.vicroads.vic.gov.au/registration;

(ii) NSW: http://www.rms.nsw.gov.au/roads/registration;

(iii) QLD: https://www.qld.gov.au/transport/registration;

(iv) SA: http://www.sa.gov.au/topics/driving-and-transport/vehicles-and-registration/vehicleregistration;

(v) WA: http://www.transport.wa.gov.au/licensing/license-my-vehicle-registration.asp;

(vi) NT: https://nt.gov.au/driving/registration/renew-your-vehicle-registration;

(vii) TAS: https://www.transport.tas.gov.au/registration; and

(viii) ACT: https://www.accesscanberra.act.gov.au/driving-transport-and-parking/registration.

(b) You are responsible for arranging for the Motor Vehicle purchased to be registered in your name.

(c) You are responsible for any state or territory fees which are payable to effect the transfer of ownership of the Motor Vehicle to you (or your nominee), including any transfer fees, registration charges, stamp duty, number plate fees, and any late transfer surcharge or other duties.

(d) In some circumstances the Listing will indicate that a Motor Vehicle is sold unregistered and without plates. In these circumstances you acknowledge and agree that:

(i) the Motor Vehicle may still be registered at the conclusion of the Sale;

(ii) following the conclusion of the Sale, Slattery Grays will return any plates to its relevant state or territory authority within 2 weeks;

(iii) you are responsible for any subsequent steps to have the Motor Vehicle registered in your relevant state or territory; and,

(iv) there may be delays in registration depending on the requirements of the relevant state or territory authority, and Slattery Grays is not responsible for any costs, fees or penalties associated with such delays.

9 Written off vehicles

(a) We may describe a Motor Vehicle in a Listing as being listed on the Written Off Vehicle Register (WOVR).

(b) You are solely responsible for determining whether a Motor Vehicle can be registered based on its WOVR status. You may be able to obtain information from your local state or territory road authority in relation to this.

10 Definitions and interpretation

In these Motor Vehicle Special Conditions, unless the context otherwise requires:

(a) Motor Vehicle means a motor vehicle including, a car, motorbike, truck, trailer, van, ute, boat, caravan or motorhome; and

(b) PPSR means the Personal Property Securities Register.