Kittelty's Auction Rooms
All correspondence to PO Box 1621 Ballaarat 3354
5 - 7 Victoria Street
Sebastopol
03 5332 2899

Disclaimers

CONDITIONS OF SALE

1. If you have any queries or questions avout these conditions please ask our management who will happily give an explanation.
2. If you intend to bid at Kittelty's Auction Rooms you must first register your name, address and telephone number with our office and be issued with a buyer number.
3. Kittelty's Auction Rooms maintains a 13.2% buyer's premium on all lots purchased.
4. At the conclusion of buying, pay your account at our office and our staff will collect your purchases for you. The highest bidder to be the purchaser. In the case of a dispute the Auctioneer shall if he wishes re-offer the lot and the Auctioneers decision will be final.
5. All good must be removed on the day of Auction unless arranged with the Auctioneer. If not so removed the goods will be stored and re-sold either by Auction or private contract. Any deficiency arising from such second sale shall be made good by the defaulter.
6. This auctioneer is a commission agent only. No warranty is either given or implied. No claim for damage, misdescription, genuineness of, or error of any description will be entertained after the goods have been sold. Purchasers are therefore particularly reminded to inspect all lots before purchasing. All lots are at the risk of the purchaser upon the fall of the hammer. Any claim made by a buyer is made against the vendor, not against Kittelty's Auction Rooms.
7. Terms are Cash, EFTPOS, Credit Card and Cheque on the day of Auction.
8. Kittelty's Auction Rooms will levy a 1% fee on all Visa and MasterCard transactions. There will be no fee charged on EFTPOS payments using cheque or savings accounts.
9. Title of goods is not transferred until payment is received in full and is subject to clearance and or authorisation of Cheque or Credit Card.
10. By bidding at Kittelty's Auction Rooms the bidder accepts all conditions.

REPLACEMENT REMITTANCES, INVOICES & CHEQUES

Where vendors or buyers require a replacement remittance or invoice where one has been issued a fee of $11 will apply.
Where a vendor requires a replacement cheque where one has been issued a fee of $16.50 will apply. This fee is charged by the bank and will be passed on to the vendor in all instances.

VENDOR BIDDING

Vendors are NOT permitted to bid on their own goods under any circumstances.
Vendors discovered bidding on their own goods will pay the Hammer Price + Buyer's Premium + GST on Buyer's Premium + Commission + GST on Commission + Handling Fee + GST on Handling fee.

INDUSTRIAL SAFETY WARNING

The Occupational Health & Safety Act 1985 and Regulation Impose obligations in respect of safety for workers arising out of the design, manufacture and supply of plant for use in a workplace.
Kittelty's Auction Rooms warns buyers that all plant and equipment offered for sale at this auction may not be fit for use in a workplace and it is the buyer or users responsibility to ensure that it is brought to a standard necessary to comply with the Occupational Health and Safety Act 1985 and it is safe and fit for use in a workplace.
Breaches of the Occupational Health and Safety Act 1985 carry onerous penalties for people who purchase and operate unsafe equipment without conducting a thorough safety inspection.
Plant must be given a safety inspection prior to operation when it is purchased in Auction.
In the interests of health and safety for workers, safety inspections of plant purchased at Auction must be performed.

ABSENTEE BIDDING AND TELEPHONE BIDDING

Absentee and Telephone bids may be left with our office but Kittelty's Auction Rooms accepts no liability for errors and or omissions that occur in regard to these bids before, during or after an auction. Where a telephone bidder fails to answer the phone, is unavailable, is out of range, uncontactable for any reason or where a phone mumber is incorrect the phone bid will be deemed to be cancelled and the auctioneer does not pause for a moment.

PRIVACY

Kittelty's Auction Rooms guarantees that the names, addresses (postal or otherwise), phone numbers of buyers, vendors and clients of Kittelty's Auction Rooms will be ragarded as 'Business in Confidence' and NOT be given to any person or persons for ANY reason unless required by law.

RESERVES (if any)

Reserves are between The Vendor and The Auctioneer and will remain confidential. Estimates and price guides are freely given.

EMAIL LIST

Our email list is an 'opt in' list which involves customers submitting their details using an online form; there is no other way to get onto the email list.
To be removed from our mailing list click reply to any correspondance from us and send an email with the subject REMOVE.

SMS MESSAGES

Occasionally we will send out SMS message reminders for upcoming auctions. The mobile numbers are harvested from buyer registrations from no more than two previous auctions. The list of mobile numbers is not perpetual and is discarded after each auction . If you only ever attend one auction you will only ever receive two SMS message reminders before your mobile number is discarded.
If you do not want to ever receive an SMS message reminder please tell us when registering for a buyer number and we will happily exclude you from the list.

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Consumer Law relating to goods bought at auction.
Click HERE for the ACCC website.
Consumers who buy goods at a private auction, where an auction house sells on behalf of a vendor, are not covered by all statutory rights. In these transactions, the auction house (or auction website) is not usually a part of the contract between buyer and seller, so they are not obliged to provide a remedy if goods are not fit for their intended purpose, are not of merchantable quality or do not match their description. However, the law says that consumers who buy goods in auctions are entitled to receive ‘clear title’ to the goods. In other words, the auction house must disclose any outstanding debt on the goods, and a consumer is entitled to not have their ownership of the goods disputed.

KITTELTY'S LAWS

1. Vendors and Buyers get infinite chances to do the right thing by The Auctioneer but one chance to do the wrong thing.
2. If The Auctioneer makes a mistake it remains his and shall be paid for by him. If a Buyer or a Vendor makes a mistake it remains theirs and shall be paid for by them.

Contact Details

All text, images, script and code remain the intellectual property of Dean Kittelty and Kittelty IT
Kittelty IT