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    Terms and Conditions

    1. Definitions
      1. In these Auction Terms, unless the context otherwise requires or implies:

        Auctioneer means Ritchie Bros. Auctioneers PTY. LTD. (ACN 080 895 898) trading as “IAA Australia”.
        Auction Sale means a sale of Stocks conducted by way of auction, facilitated and approved by the Auctioneer.
        Australian Consumer Law means the Australian Consumer Law set out in Schedule Two of the Competition and Consumer Act 2010 (Cth).
        Bidder means a registered bidder.
        Business Day means a day that is a Monday to Friday (inclusive) but not any day during the week which is a public holiday in the location of the Seller or the Stock.
        Buyer means the successful Bidder for a Stock, as determined by the Auctioneer in its sole discretion.
        Buyer Representative means any employee, contractor, agent, transporter, tower, customer, or guest of buyer or user under the Buyer’s account.
        Damage and Description Disclaimer means the damage and description disclaimer contained within the online listing/advertisement of a Stock.
        EPA Authority means a licence, permit or registration within the meaning of the Environment Protection Act 2017 (Vic), as amended from time to time.
        GST means the goods and service tax as imposed by the GST Act.
        GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth), as amended from time to time.
        Loss means any claim, delay, loss, liability, damage, expense, penalty, outgoing or cost whatsoever and however arising, whether present, unascertained, immediate, future or contingent and includes indirect and consequential losses.
        Motor Vehicle means any passenger vehicles, motorcycles or commercial vehicles but excludes Vehicles.
        Non PDH Goods means any goods which are not PDH Goods.
        PDH Goods means goods which, for the purposes of section 3(1) of the Australian Consumer Law, are a kind ordinarily acquired for personal, domestic or household use or consumption.
        Purchase Price means the highest bid accepted by the Auctioneer for a Stock together with any additional Fees and charges charged by the Auctioneer.
        Seller means the owner of a Stock or the person authorising the Auctioneer to sell that Stock on the owner’s behalf.
        Stock means a Motor Vehicle, Vehicle, or any goods available for purchase at an Auction Sale, which are designated with a Stock Number.
        Stock Number means the number designated to a Stock in an Auction Sale.
        Storage Site means the physical premises at which a Stock is located, including partner yards, off-site storage, ortemporary storage sites.
        Taxable Supply has the meaning given to that term by the GST Act.
        Vehicle means any vehicle including salvage or dismantled vehicles, trucks, tracked or earthmoving equipment, machinery, trailers, boats and watercraft but excludes a Motor Vehicle.
      2. Auction Contract Particular
        1. The Auctioneer is acting as an agent for the Seller.
        2. The purchase and sale of a Stock is made directly between the Seller and the Buyer.
        3. Buyer Agreement. The Terms of Use (available at https://iaai.com.au/Support/TermsAndCondition), the Privacy Policy (available at https://www.iaai.com/marketing/au-privacy-policy), and these Auction Terms (together, the “Policies”) constitute the entire buyer agreement (the “Buyer Agreement”) between the Auctioneer, the Seller and the Buyer.
        4. If there is any inconsistency between the Policies, then the following will prevail in descending order of precedence:
          1. Auction Terms;
          2. Terms of Use; and
          3. Privacy Policy.
        5. These Policies govern all of your business with the Auctioneer, and your conduct at a Storage Site or participation in an Auction Sale. By doing business with the Auctioneer, you are agreeing to comply with and be bound by the Buyer Agreement.
        6. Suspension or revocation of buying privileges. Auctioneer reserves the right to suspend or revoke Buyer’s buying privileges (including rejecting and/or removing a bid or order for a Stock), without prior notice or compensation to Buyer, if Buyer fails to comply with the Policies, to be determined at Auctioneer’s sole reasonable discretion. Once Auctioneer suspends or revokes Buyer’s account, Buyer shall not set up another account with Auctioneer until the suspended or revoked account is reactivated by Auctioneer.
        7. The Policies/Buyer Agreement may change. Auctioneer has the right to make changes to the Policies at any time and for any reason. The Policies that apply to Buyer will be the versions in effect at the time of the Auction Sale. Any modifications to these Policies or the Buyer Agreement will be effective upon posting on Auctioneer's website. Buyer may be required to accept each modified version of the Policies the first time Buyer logs on to Buyer’s account with Auctioneer after a modified version is posted. Buyer agrees that Buyer’s submission of a bid, visit to Auctioneer’s facility, purchase of a Stock, or other participation in an Auction Sale following posting of any revisions to any part of the Buyer Agreement will constitute acceptance of the modified terms. If Buyer does not agree with the Policies or Buyer Agreement at any time, Buyer must stop all participation in relation to the Auction Sale immediately. For changes to the Policies or Buyer Agreement that significantly and adversely change the Buyer’s rights or obligations, Auctioneer will use reasonable endeavours to bring this to your attention via the Auctioneer’s website.
        8. Buyer representative. Buyer represents and warrants that it will share the Policies with any Buyer Representatives, and Buyer assumes all responsibility for any acts or omissions of Buyer Representatives.
        9. Buyer shall comply with all applicable laws related to the use of the Auctioneer’s services, bidding on or purchasing Stocks, and transporting/removing Stocks after payment. In accordance with applicable laws, Buyer shall notify relevant roads authorities ortransfer ownership prior to operating any purchased Vehicles on public roads.
        10. Release of Liability and Indemnification.
          EXCLUDING ANY LIABILITY, LOSS OR COSTS TO THE EXTENT THAT IT IS OUTSIDE OF BUYER’S CONTROL OR CAUSED BY AUCTIONEER’S MISTAKE, FRAUD, NEGLIGENCE OR WILFUL MISCONDUCT, BUYER IRREVOCABLY AND UNCONDITIONALLY WAIVES, RELEASES, DEFENDS, INDEMNIFIES AND HOLDS HARMLESS AUCTIONEER AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, SUBSIDIARIES, AFFILIATES AND VEHICLE PROVIDERS (COLLECTIVELY “AUCTIONEER INDEMNIFIED PARTIES”) FROM AND AGAINST ANY CLAIMS, ACTIONS, DAMAGES, OBLIGATIONS, COSTS, EXPENSES (INCLUDING LEGAL FEES), LIABILITIES, FINES, JUDGMENTS, OR LOSSES THAT AUCTIONEER MAY SUSTAIN OR INCUR, DIRECTLY OR INDIRECTLY, AS A RESULT OR AS A CONSEQUENCE OF:
          1. BUYER’S BREACH OF THE POLICIES OR BUYER AGREEMENT OR FAILURE TO COMPLY WITH APPLICABLE LAWS;
          2. ANY NEGLIGENT OR FRAUDULENT ACT, ERROR OR OMISSION BY BUYER OR BUYER REPRESENTATIVE;
          3. ANY DISPUTE THAT ARISES BETWEEN THE BUYER AND SELLER IN RELATION TO A STOCK;
          4. BODILY INJURY, PROPERTY DAMAGE, OR OTHER OCCURRENCE ON AUCTIONEER’S PREMISES TO BUYER OR BUYER’S REPRESENTATIVES;
          5. ANY DAMAGE OR DEFICIENCY TO A STOCK THAT MAY ARISE, OCCUR OR BECOME APPARENT AFTER A STOCK IS AWARDED TO BUYER [THE BUYER ALSO RELEASES AND INDEMNIFIES THE SELLER IN RESPECT OF THIS ITEM];
          6. SELLER NOT HAVING GOOD TITLE TO THE STOCK SOLD; AND vii. ANY DISPUTE ARISING FROM THE MATTERS IN CLAUSE 17 “AUCTION OF USED MOTOR VEHICLES, VEHICLES AND OTHER GOODS”, CLAUSE 18 “CANCELLATION” AND CLAUSE 19 “SALVAGE AUCTION VEHICLES OR NON-MOBILE STOCKS”. © 2025 Ritchie Bros Auctioneers Pty., Ltd. | All Rights Reserved.

            IN RESPECT OF BODILY INJURY, PROPERTY DAMAGE, OR OTHER OCCURRENCE ON AUCTIONEER’S PREMISES — BUYER ACKNOWLEDGES THAT AUCTIONEER’S FACILITIES CONTAIN HAZARDS TO PERSON AND PROPERTY. FOR EXAMPLE, AUCTIONEER UTILISES LOADERS WHICH MAKE INDIVIDUALS AND PROPERTY DIFFICULT TO SEE. AUCTIONEER’S VEHICLE INVENTORY CONTAINS POTENTIALLY DANGEROUS PARTS THAT COULD CAUSE INJURY. AUCTIONEER’S FACILITIES, STORAGE SITES AND PARTNER YARDS CONTAIN UNEVEN SURFACES AND ARE OPEN YEAR- ROUND IN INCLEMENT WEATHER CONDITIONS, WHICH COULD MAKE WALKING DIFFICULT. KNOWING THESE AND OTHER RISKS INHERENT IN AUCTIONEER’S OPERATIONS, BUYER FULLY ASSUMES ALL RISKS ASSOCIATED WITH ACCESSING AUCTIONEER’S FACILITIES.
      3. Registration Prior to Building
        1. All Bidders must be 18 years of age or older.
        2. Any individual or entity wishing to bid with Auctioneer must complete Auctioneer’s buyer registration process, provide all documents required by Auctioneer in its sole discretion, and pay all applicable registration fees. Registration fees are available at https://iaai.com.au/Support/AuctionFees.
        3. Membership must be renewed annually by verifying accuracy of current Bidder/Buyer information on file and paying the appropriate registration fee. Licences must be renewed and submitted to and accepted by Auctioneer prior to account expiration to retain active buyer status.
        4. Upon registration Bidders agree to be bound by the Buyer Agreement.
        5. Subject to any reserve price, the highest Bidder who is in compliance with the Buyer Agreement, at the sole discretion of the Auctioneer, will become the Buyer of the Stock.
      4. Bidding
        1. AuctionNow™ Privileges. AuctionNow is the online vehicle remarketing service utilised by Auctioneer and allows you to participate in live auction sales via the internet. Only Bidders that have been approved by Auctioneer may conduct business through the AuctionNow system. It is therefore very important to keep your Buyer registration and permits current and to ensure that the information is up to date. Buyer must use its best efforts to protect the confidentiality and security of its account and login details for the AuctionNow system. Auctioneer reserves the right to temporarily or permanently suspend or terminate your AuctionNow privileges(including rejecting and/or removing a bid or order for a Stock) at any time without notice or compensation if Buyer fails to comply with the Policies or the Buyer Agreement.
        2. Timed Auctions. Timed Auctions are the online vehicle sales that run for a set period of time. Timed Auctions allow bidders to place maximum bid values on offered Stocks as the sale progresses.
        3. Online Account. Once your buyer account has been approved and opened by Auctioneer, you will be issued a user ID and a private password authorising you to purchase Stocks through AuctionNow and Timed Auctions. Bidding online also constitutes your acceptance of the Buyer Agreement and your agreement to pay any amounts and fees charged by Auctioneer.
        4. Account Responsibility and Unauthorised Use. As part of the registration process, you will be provided with a login ID, password and, if applicable, Buyer number. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to access the Service (as defined in the Terms of Use) under the name of another person or entity. If Auctioneer has reasonable grounds to suspect that information you provide as part of your registration is untrue, inaccurate, not current or incomplete, Auctioneer has the right to suspend or terminate your account and refuse any and all current or future use of the Service or other products and features (or any portion thereof). You are responsible for maintaining the confidentiality of your login ID, password and Buyer number, and for all activities that occur under your account. You shall be liable for losses and damages incurred by Auctioneer due to the unauthorized use of your account. If you discover or suspect any unauthorized use of your login ID, password or Buyer number or any other breach of security of your account, you agree to immediately notify Auctioneer through its online Customer Support. Auctioneer is not responsible for any loss or damage arising from your failure to protect orto keep confidential your login ID, password or Buyer number.
        5. Stock Detail. Buyer is responsible for reviewing all of the information posted on or made available through AuctionNow and Timed Auctions relating to a Stock including, without limitation, damage estimates (where applicable), photos, the additional options, exterior damage, interior damage, tires and wheels, remarks and announcements.
        6. System Integrity and use of AuctionNow system. You must not:
          1. use the AuctionNow system for the processing of infringing or otherwise unlawful content;
          2. provide incorrect data, such as fake or alternative e-mail addresses and names;
          3. use automated means to access or otherwise engage with the AuctionNow system, beyond using interfaces explicitly authorised by Auctioneer;
          4. interfere with, limit, or impede access to or use of the AuctionNow system for other users;
          5. use any device, software orroutine to interfere or attempt to interfere with the proper working of the AuctionNow system or any of Auctioneer’s applications or any auction being conducted on the the AuctionNow system or any of Auctioneer’s applications;
          6. take any action that imposes an unreasonably or disproportionately large load on the Auctioneer’s infrastructure;
          7. post or transmit to or via the AuctionNow system any information or material or otherwise use the system for any activity which breaches any laws orregulations, infringes a third party’s rights or privacy or is contrary to any relevant standards or codes, including generally accepted community standards and not permit or enable another person to do any of those things;
          8. transmit to or via the system any virus or other information or material or otherwise use the website in a way which:
            1. tampers with, hinders the operation of or makes unauthorised modifications to the website;
            2. defames, harasses, threatens, menaces or offends any person; or
            3. contains obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings, and not permit or enable another person to do any of those things;
          9. acquire access to accounts not belonging to you or otherwise acquire access to any parts of our system which should reasonably not be accessible to you;
          10. adapt, modify, or reverse engineer the AuctionNow system or any of Auctioneer’s applications without Auctioneer’s explicit prior written consent, except insofar as such actions cannot be excluded under applicable law; or
          11. circumvent technical restrictions that apply when purchasing Stocks.
        7. You must:
          1. comply with all our reasonable instructions regarding the use of the AuctionNow system or any of Auctioneer’s applications, including these Policies and the Buyer Agreement; and
          2. comply with all applicable laws and regulations regarding online conduct, sanctions law, non-discrimination, intellectual property rights, anti-money laundering, anti-modern slavery, anti-corruption and bribery and relating to data protection.
        8. Release for Auction Errors. Auctioneer reserves the right to, at any time, in its sole and absolute discretion and with or without notice, rescind, postpone or cancel a sale or withdraw an awarded vehicle at any time before stock is paid for and Buyer picks up a Stock for any of the following reasons:
          1. the Stock purchased is no longer available;
          2. Auctioneer has identified a pricing or description error for the Stock, including, but is not limited to incorrect minimum bids set on Stocks and incorrect sale prices set for “Buy Now” Stocks, if applicable;
          3. Buyer’s payment was not received or could otherwise not be properly or lawfully processed;
          4. Auctioneer reasonably suspects your conduct or bid does not comply with these Policies or the Buyer Agreement; and
          5. Auctioneer cannot made the Stock available to Buyer due to a situation that constitutes force majeure (that is, circumstances beyond our control adversely impact our ability to perform our obligations) on our part.
        9. Bid Rejection. Auctioneer reserves the right to reject or void bids at any time for failure to comply with the Policies. Should a dispute arise regarding a bid, Auctioneer is the only deciding authority with sole and absolute discretion in resolving disputes.
        10. Non-Solicitation. Buyer agrees not to solicit or otherwise attempt to purchase a Vehicle directly with a customer of Auctioneer or any of its subsidiaries, whether on its own behalf or on behalf of another.
        11. Customers Only. You will not permit retail customers, or your customers, to view the prices of the electronic inventory of Vehicles posted on the AuctionNow system or to “shoulder surf” any of Auctioneer’s applications.
        12. Inspection. It is the Buyer’s responsibility to conduct a thorough inspection of each Stock purchased through Auctioneer’s applications promptly upon delivery to Buyer.
      5. Reserves and Non-Solicitation
        1. Proxy and AutoBids. Buyer has the ability to enter a pre-auction or in-auction Proxy/AutoBid whereby Buyer sets a maximum bid amount that Buyer is willing to pay for the Stock. The Proxy/AutoBid allows the system to bid on Buyer’s behalf up to Buyer’s maximum Proxy/AutoBid amount. When Buyer places a maximum Proxy/AutoBid, Auctioneer will automatically bid on Buyer’s behalf using as much of the bid as needed to make them the winner of the auction or meet the auction's reserve price.
        2. Negotiations: Reserve Not Met. All Stocks offered at auction are “with reserve,” meaning the sale is subject to the Seller’s approval and may be subject to a reserve (or minimum bid amount) that must be met before a Seller will approve the sale of a Stock to Buyer. In the event a reserve requirement is not met and/or the sale of a Stock has not been approved by the Seller prior to the auctioneer closing bids, Auctioneer reserves the right in its sole discretion to present counteroffer(s) to Buyer in an attempt to negotiate a sale between the Seller and Buyer. If one of Seller’s counteroffers is within the maximum Proxy/AutoBid amount set by Buyer, Buyer consents to the system automatically accepting the Seller’s counteroffer amount. Once the Seller’s counteroffer is accepted by the system, Buyer will be awarded the vehicle subject to its compliance with the Policies and the Buyer Agreement. The Buyer is obligated to complete the transaction in accordance with the Buyer Agreement. The contractual agreement to purchase such Stock is formed at Auctioneer’s place of business from which we initiate the counteroffer or indicate acceptance of the Bidder’s counteroffer as indicated in clause 14(b) below.
        3. “Buy Now” Vehicles. Auctioneer may offer vehicles on its “Buy Now” platform, which allows vehicles to be purchased outside of an auction format. Subject to the Policies and Buyer Agreement, Buyer’s purchase of “Buy Now” Stocks is final.
        4. Tie Bid Policy. In the event that the highest bid at the close of a vehicle auction is a tie between a Proxy Bid and a bid from a Buyer entering bids in real time on Auctioneer’s applications, the real-time bidder will be awarded the vehicle subject to its compliance with the Policies and the Buyer Agreement. Auctioneer reserves the right to require the real-time bidder to increase its bid to break the tie.
        5. Bid Acceptance and Your Commitment to Complete the Transaction. All bids placed and all “Buy Now” purchase indications on Stocks are unconditional commitments and irrevocable offers to purchase the Stocks pursuant to the Policies, and once accepted by Auctioneer (as agent for the Seller) and its system, constitute separate contractual agreements between the Seller and each Bidder governed by the Buyer Agreement. Bidder may not retract its bid or “Buy Now” offer once accepted. An online bid (whether made in real-time/Proxy/AutoBid) or offer to “Buy Now” is accepted when the Bidder fully engages and disengages the bid or buy related call- to-action in the system and is notified of its acceptance through the system. The Bidder whose bid Auctioneer accepts as the highest and whom Auctioneer declares to be the winner, or who initiates a “Buy Now” purchase, is obligated to complete the transaction in accordance with and subject to the Buyer Agreement (“Binding Obligation”). A Bidder may not back out of the Binding Obligation once Auctioneer awards a Stock to the Buyer and, subject to the remaining Policies, there no returns or refunds on any completed sale. Each contractual agreement, including each Binding Obligation, is formed at Auctioneer’s place of business from which we indicate acceptance of the bid as indicated in clause 14(b) below, not where received by the Bidder.
        6. Contact with Sellers or Prior Owners Prohibited. Any information regarding a vehicle owner or seller that might be learned or obtained by Buyer may not, in whole or in part, be used or exploited in any way whatsoever. Any Buyer who contacts or tracks down a vehicle owner or seller in any manner and obtains information regarding the Stocks will immediately be banned from all Auction Sales and may be referred to authorities. You agree that You will not, under any circumstances, contact the Seller of a Stock. You further agree that if any personal information pertaining to a Seller is discovered within a Stock, you will immediately delete or destroy such personal information.
      6. Risk of Loss
        1. All Stocks are bid on and purchased on an ‘as is, where is’ basis.
        2. The Buyer assumes all risk in relation to a Stock when the Stock is awarded to Buyer (i.e., completion of the Auction Sale), and neither the Auctioneer nor the Seller will be responsible for any deficiency, damage or loss to the Stock which may arise, occur, or become apparent thereafter.
      7. Payment upon Completion of Sale
        1. Additional fees. In addition to the winning and accepted bid (as otherwise described in these Auction Policies), you must also pay the following fees:
          1. Buyerfee, related to type of Stock and amount of winning bid;
          2. Invoice reprint fee;
          3. IAA location storage fee;
          4. IAA partner yard fee;
          5. Late payment fee;
          6. Export administration fee;
          7. Photo fee;
          8. Credit card processing fee;
          9. Applicable taxes; and
          10. Any other fees that apply to you and which must be paid by you under applicable law for the Stocks or as described on the link referenced below (the fees described in 7(a)(i) through 7(a)(x) are collectively referred to asthe “Fees”).
            The amount of the Fees can be found at https://iaai.com.au/Support/AuctionFees for Buyer’s review prior to bidding.
        2. The Buyer is not entitled to remove the Stock from the Storage Site until the Purchase Price and any subsequent Fees or additional storage has been paid and cleared in full.
        3. The Buyer of a Stock must pay the Purchase Price in full within twenty-four hours (24) of close of the Auction Sale for the Stock or as otherwise specified by the Auctioneer.
        4. Payment of the above must be in clear funds by electronic funds transfer or credit card only. If payment is dishonoured, challenged or clawed back by the Buyer, their financier or a merchant, the Buyer will be deemed to be in fundamental breach of its obligations pursuant to these Policies.
        5. Without limiting any of Auctioneer’s rights or remedies, until Buyer’s outstanding debts towards Auctioneer or Seller have been paid in full by the relevant deadline, Auctioneer may:
          1. cancel your unpaid invoices;
          2. withhold any orders for Stocks purchased by you;
          3. restrict your account from submitting new bids or ordering for new Stocks.
        6. Late Payment Fee. In the event of late payment, the Auctioneer reserves the right to charge the Buyer late fees as posted by Auctioneer on its website (available at https://iaai.com.au/Support/AuctionFees ) or as otherwise communicated to Buyer.
        7. Fees. Buyer agrees that the Auctioneer may deduct the Fees and any other amounts owing by Buyer to the Auctioneer from any amounts that may be payable by the Auctioneer to Buyer, including Vehicle sale proceeds. Buyer acknowledges and agrees that the Auctioneer may change its Fees at any time, and Buyer agrees the revised Fees will be effective upon online posting or electronic notification by the Auctioneer. Buyer shall pay all costs, including, without limitation, the Auctioneer’s legal fees and legal expenses reasonably incurred by the Auctioneer to collect any amounts owed to the Auctioneer by Buyer.
      8. Removal of Stocks from the Storage Site
        1. An Auction Sale will be deemed complete for a Stock at the completion of the Auction Sale for that Stock, irrespective of whether the other Stocks in the Auction Sale have sold.
        2. Subject to clause 7, the Buyer must remove the Stock from the Storage Site within three (3) business days of the completion of the Auction Sale or as otherwise specified by the Auctioneer.
        3. If the Buyer does not remove the Stock in accordance with clause 8(b), storage fees will be charged in amounts posted by Auctioneer on its website (available at https://iaai.com.au/Support/AuctionFees) or as otherwise communicated to Buyer, and:
          1. the Auctioneer or Seller may remove the Stock from the Storage Site and store it in an alternate location, for which the Buyer is required to pay all costs incurred by the Auctioneer or the Seller in relation to the relocation and/or storage of the Stock, prior to collecting the Stock; and/or
          2. if the Stock remains uncollected, the Auctioneer is entitled to follow state or local law to declare the Stock abandoned and to recover storage fees and any and all amounts owed by Buyer to Auctioneer. After the deduction of any applicable auction fees, the remaining balance will be remitted to the Buyer that failed to collect the Stock.
        4. The Buyer will be strictly liable for any damage to the Storage Site, Stock or other goods, caused by the removal of any Stock from the Storage Site arranged by the Buyer.
        5. Buyers or their transporters are not permitted to drive Stocks away from a Storage Site. Buyers and their transporters shall secure all loads for transport using lawful and commercially-reasonable means, which shall be the sole responsibility of Buyers and their transporters.
        6. Stocks must be collected (lifted, towed and transported as applicable) in accordance with Auctioneer’s regulations, all relevant and applicable State and Federal legislative instruments, Acts, Regulations, Standards and Codes of Practice including, but not limited to, the Heavy Vehicle National Law, Chain of Responsibility, and Workplace Health and Safety laws. Temporary movement permits and unregistered vehicle permits will not be accepted for collection of the item. Any form of self-loading of the item by winching, pushing, dragging etc. is not permitted. Onsite dismantling of the item or onsite hot works are not permitted whatsoever.
      9. Title of Stock
        1. The Buyer acknowledges that it is its responsibility to conduct a search of the register of encumbered vehicles or the Personal Property Securities Register (as applicable) and that search must be undertaken no earlier than the day prior to the day it bidsfor the Stock to ensure that there is no undisclosed encumbrance over the Stock.
        2. Except in respect of the sale of Stocks in the State of Queensland where the Seller is not a motor dealer or other auctioneer, the Buyer acknowledges that the warranty of good title is given by the Seller and not by the Auctioneer.
          1. In respect of the sale of Stocks in the State of Queensland where the Seller is not a motor dealer or other auctioneer, the Auctioneer provides guarantee of title at the time that the property passes to the Buyer. This guarantee does not pass or extend to any third parties or to any subsequent buyer or successor in title.
        3. If, subsequent to completion of the Auction Sale but before the delivery of a Stock, the Auctioneer becomes aware that the Seller does not have good title to the Stock sold, it has the discretion to cancel the sale of that Stock and refund to the Buyer any moneys paid.
        4. Title in any Stock will pass to Buyer on the date on which Auctioneer receives timely payment of the Purchase Price in full for such Stocks.
        5. Any guarantee made by the Seller or Auctioneer under this clause 9 is in addition to and is not intended to replace or detract from any rights or remedies a Buyer may have under the Australian Consumer Law or any other applicable laws.
      10. Rights Reserved
        1. The Auctioneer and/or Seller reserve their right to withdraw any Stock or Stocks listed in an Auction Sale.
        2. The Auctioneer reserves its rights:
          1. to offer for sale part only of any Stock listed in an Auction Sale;
          2. to offer two or more separate Stocks listed in an Auction Sale for sale together as one Stock and if that Stock is not sold, to offer those Stocks for auction as separate Stocks;
          3. to refuse any person admission to, or eject them from the Storage Site;
          4. to not disclose the existence and/or quantum of the reserve price (if any) of a Stock prior to the close of bidding or withdrawal of the Stock;
          5. in the event that any Buyer successfully bids for more than one Stock at the Auction Sale:
            1. to allocate any monies received from that Buyer between the Stocks as it sees fit; and
            2. to regard the sale of multiple Stocks as interdependent and treat default under a contract for either Stock as default under all such contracts.
          6. to (whether or not a Stock has been knocked down as sold) in its sole discretion resubmit it for sale by auction at the Auction Sale in progress or as soon as practicable thereafter; and
          7. to offer and sell a Stock that is not sold at an Auction Sale immediately thereafter by private agreement. Any such private agreement is also subject to these Policies and the Buyer Agreement unless otherwise agreed in writing by the Auctioneer.
      11. As-Is Nature of Sales, No Warranties and Limited Consumer Guarantees
        1. As-Is Nature of Sales, Without limiting Buyer’s rights under Australian Consumer Law, Buyer accepts that:
          1. the condition of Stocks can vary widely due to factors such as age, use, previous damage, flaws, defects, restoration, repair and wear and tear such that all Stocks are sold “as-is” and in the condition they are in at the time of sale, without any representation or warranty or assumption of liability as to fitness for purpose or condition and are not represented as being in roadworthy condition, mechanically sound or maintained at any guaranteed level of quality. Vehicles offered for sale may not be fit for use as a means of transportation and may require substantial repairs at the Buyer’s expense. It may not be possible to register Vehicles to be driven in their current condition.
          2. descriptions of any Stocks and their condition including any structural or cosmetic damage, roadworthy condition or maintenance to the Stock are not statements of facts and we do not carry out in depth research of the sort carried out by mechanics or professional restorers or conservators;
          3. any reference to condition on the AuctionNowTM system or any of Auctioneer’s applications or in a condition report will not amount to a full description of conditions and images may not show a product clearly (noting also that colours and shades may look different in print or on screen to how they look on physical inspection). Condition reports (if given) are provided as a convenience and for guidance only but are an opinion only and they may not refer to all faults, inherent defects, restoration, alteration or adaptation because our staff are not professional evaluators, restorers or conservators. Forthat reason they are not an alternative to taking your own professional advice; and
          4. Buyer is not entitled to reject the Stocks or to a refund if the Stock has structural or cosmetic damage, deficiency, or wear and tear.
        2. Know Your Purchase. Most Stocks offered for sale through auction have been determined to be a total loss for insurance purposes. In addition, all Vehicles have been: (i) severely damaged by collision, impact, fire, flood, hail or similar casualties; and/or (ii) damaged and rebuilt; and/or (iii)stolen and recovered. In the vast majority of cases, the estimated cost of repairing the Vehicle exceeds the difference between the fair market value of the Vehicle before it was damaged or stolen and its salvage value. Most Vehicles have significant damage, defects, flaws and/or wear and tear. Not all damage is visible and some damage may be hidden. It is the Buyer’s responsibility to thoroughly review all Vehicles before bidding. It is the Buyer’s responsibility to verify serial number(s) or VIN(s), odometer reading, Vehicle year, make, model, and trim, and accident or branding history prior to leaving the auction premises or picking up the vehicle from the auction premises.
          1. Verify the WOVR Status. Many Vehicles offered forsale through auction have been written-off and have permanent designations indicating that the Vehicle sustained substantial damage (e.g. repairable write-off, statutory write-off, exempt, previously written off and repaired, etc.). It is the responsibility of the Buyer to verify and understand the WOVR status with the applicable governmental office before altering, repairing, dismantling or reselling a Vehicle, and Buyer waives all claims, demands, and lawsuits against Seller and the Auctioneer if Buyer fails to fulfill this obligation.
            Theft Recovery and Odometer Readings. The Auctioneer will endeavour to declare approximate known distance travelled as communicated by the Seller on theft recovered Vehicles; however, due to the nature of these Vehicles, neither the Auctioneer nor the Seller can validate or warrant the accuracy of the odometer reading or the true distance travelled for theft recovered Vehicles. Auctioneer may declare a Stock as “last known odometer” or “total kilometers unknown”, which is also an estimate and which Buyer will not rely on when bidding and buying.
        3. Run-and-Drive. Any statement that a Vehicle runs or drives (such as through an online statement that the Vehicle is classified as a “Run and Drive”) means that the engine started (either with or without a jump) and that the forward and reverse gears engaged, all at the time of arrival at the Auctioneer’s facility. It is not a representation or warranty that it will do so at any time thereafter or that the Vehicle is roadworthy.
          1. Any statement that a Stock “starts” means that the stock’s motor started (either with or without a jump) and idled upon arrival at a Storage Site. It is not a warranty orrepresentation that the Stock willstart, drive,shift, or move forward at any time thereafter, or that the Stock is roadworthy.
          2. Auctioneer may provide engine run videosfor the convenience of Buyers, but it is not required to provide an engine run video for “Run & Drive” Stocks. By providing an engine run video, Auctioneer makes no representation or warranty about the condition of the Stock’s engine.
        4. Plant. Buyer acknowledges that WH&S Legislation imposes obligations related to safety for workers arising out of the design manufacture and supply of plant and equipment (“Plant”) for use in a workplace. Auctioneer and Seller have warned prospective buyers that no Plant is being offered forsale for use in any workplace, and shall be sold for only as scrap.
        5. Limited Applicability of Consumer Laws. The Buyer acknowledges that the consumer guarantees stipulated in sections 54, 55, 56, 57, 58 and 59 of the Australian Consumer Law do not apply to the sale of goods by auction. As a result, the Auctioneer and the Seller make no warranties and give no guarantees regarding:
          1. the goods being of acceptable quality;
          2. the goods being fit for any disclosed purpose or any purpose for which the supplier represents they are fit;
          3. the goods matching their description or corresponding to any sample or demonstration model;
          4. the availability of repairs orspare partsfor the goods; or
          5. express warranties in respect of the goods made by the manufacturer being complied with
        6. If the goods forming part of a Stock are:
          1. PDH Goods; or
          2. Non PDH Goods and the purchase price of the Stock is $100,000 or less (or such other amountspecified in or prescribed undersection 3 ofthe Australian Consumer Law from time to time); then certain guarantees may apply in respect such goods purchased by that Buyer including (without limitation):
          3. guarantees as to title to the Stock passing to the Buyer;
          4. guarantees regarding the Buyer having undisturbed possession of the Stock; and
          5. guarantees regarding the Stock being free from undisclosed encumbrances.
        7. Safety Recall Warning. Buyer acknowledges that Vehicles may be or may have been subject to one or more manufacturers’ recalls for safety related or other items. Buyers are solely responsible for conducting their own research to determine whether a recall applies to a Vehicle, including but not limited to checking the original equipment manufacturer’s website before bidding. Certain parts subject to those recalls may still be present in or on the Vehicles. Buyer’s purchase of the Vehicle acknowledges this warning; Buyer assumes full responsibility to identify such recalls, and will refrain from re-using or selling any part subject to such safety recalls. Auctioneer makes no representations or warranties regarding the recall status of a Vehicle.
        8. Nothing in this clause or clause 12 (“Limitation of Liability”), or any other provision of these Policies, should be interpreted as attempting to exclude, restrict or modify the application of any applicable provisions of the Australian Consumer Law, or the liability of the Auctioneer or the Seller for failing to comply with these provisions of the Australian Consumer Law or the right of a consumer to make a claim in respect of these guarantees or under any other provision of the Australian Consumer Law. However, Buyer acknowledges and agrees that Auctioneer and Seller make no warranties whatsoever, except those expressly required by, and non-waivable under, Australian Consumer Law.
      12. Limitation of Liability
        1. Where the Buyer suffers Loss as a result of its purchase of any Stock and:
          1. the goods forming part of a Stock are Non PDH Goods with a purchase price of more than $100,000; or
          2. the Buyer suffers the Loss other than as a result of any breach by the Seller or the Auctioneer of the consumer guarantee or other similar provision of the Australian Consumer Law,
            then, subject to any other laws which may apply and may not be excluded, or in respect of which liability cannot be limited by these Policies, the Seller and the Auctioneer will not be liable for any such Loss suffered by the Buyer. This clause applies even if the Seller and/or the Auctioneer knew or ought to have known that the relevant Loss would be suffered.
      13. Default
        1. If the Buyer is in default of any of its obligations under these Policies or any interdependent or separate agreement with the Auctioneer or Seller:
          1. The Auctioneer and/or the Seller may:
            1. cancel and rescind the sale of a Stock or Stocks;
            2. forfeit any monies (such as a deposit) paid by the Buyer in consideration of a Stock or Stocks;
            3. without notice to the Buyer, resell the Stock or Stocks in any manner upon such terms and conditions asit may think proper and recover all losses, costs and expenses incurred from any such resale from the Buyer by way of damages, whether or not that amount exceeds the Purchase Price that was to be paid by the Buyer for the Stock or Stocks (and including all legal costs) and the amount of any commission lost on the original sale as the result of the Buyer’s default and the cost of advertising in respect of any such resale; and
            4. recover damagesfrom the Buyer on an indemnity basis.
      14. General Law
        1. Entire Agreement. The Policies set forth the entire agreement between Buyer, Seller and Auctioneer and supersede any prior proposals, agreements, understandings and contemporaneous discussions, whether oral or written, with respect to a Stock or Auction Sale. Except for any guaranties or warranties provided to you under statute, we each acknowledge that, in agreeing to these Policies (and the documents referred to in them), no party relies on any statement, representation, assurance or warranty (“Representations”) of any person (whether a party to that contract or not) other than as expressly set out in these Policies. Each party agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these Policies.
        2. Governing Law. The proper law governing the interpretation and enforcement of these conditions including all substantive rights and obligations hereunder and the place of contract formation, manner, mode and method of performance is the law of the State of Territory determined as follows:

          Physical Location of Involved Stock(s) Governing Law Notice Address and Place of Contact Formation
          Queensland Queensland 1-57 Burnside Road, Yatala, QLD 4207
          Victoria Victoria 200 O'Briens Road, Geelong, VIC 3214
          New South Wales New South Wales 50 Barrow Road, Spring Farm, NSW 2570
          Western Australia Western Australia 3363 Great Northern Hwy, Muchea WA 6501
          South Australia South Australia 75 Heaslip Road, Burton, SA 5110
          Northern Territory Queensland 1-57 Burnside Road, Yatala, QLD 4207
          Tasmania Queensland 1-57 Burnside Road, Yatala, QLD 4207
        3. Jurisdiction. Subject to clauses 20 and 21, each party irrevocably submits to the non-exclusive jurisdiction of the courts of the State or Territory in Australia the laws of which apply pursuant to clause 14(b) and to courts competent to hear appeals from those courts.
        4. Rights and Remedies. All rights and remedies available to the parties against each other under the general law are subject to these conditions.
        5. Severance. If any of the conditions in these Policies are to any extent held by any court of competent jurisdiction to be invalid or unenforceable, those Policies are to be severed and the remaining conditions will not be affected thereby, and will remain in full force and effect.
        6. Waiver. Any failure by a party to enforce any provision of these Policies at any time shall not be deemed to be a waiver of its right, power or remedy. A single or partial exercise of a right, power orremedy does not prevent another orfurther exercise of that or another right, power or remedy.
        7. Events beyond our reasonable control. To the maximum extent permitted by applicable law Auctioneer will not be held responsible for any delay or failure to perform or comply with our obligations under these Terms if and to the extent that the delay or failure arises from any cause which is beyond Auctioneer’s reasonable control.
        8. Written communications. Applicable lawsrequire thatsome ofthe information or communications Auctioneersendsto the Buyer and/or Sellershould be in writing. When using the AuctionNowTM system or any of Auctioneer’s applications, Buyer and Seller acceptsthat communication with Auctioneer will be mainly electronic. Auctioneer will contact Buyer and Seller by e-mail or provide Buyer and Seller with information by posting notices on the Platform. For contractual purposes, Buyer and Seller agreesto this electronic means of communication and Buyer and Seller acknowledge that all contracts, notices, information and other communications that Auctioneer provide to Buyer and/or Seller electronically comply with any legal requirement that such communications be in writing. This Clause does not affect Buyer and Seller’s statutory rights. Notices. All notices given to Auctioneer must be sent to 1-57 Burnside Road, Yatala, QLD 4207 or via email to buyerservices_AU@iaai.com. Auctioneer may give notice to Buyer and/or Seller at either the e-mail or postal address Buyer and/or Seller (as applicable) provides to Auctioneer when placing a bid, or by providing Buyer and/or Seller (as applicable) with a message to Buyer and/or Seller’s (as applicable) account or on the AuctionNowTM system or any of Auctioneer’s applications. Notice will be deemed received and properly served immediately when posted on the AuctionNowTM system or any of Auctioneer’s applications, twenty-four (24) hours after an e-mail is sent, or three (3) business days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
      15. Further Special Conditions
        1. The Auctioneer may prior to the commencement, or during an Auction Sale, announce further special conditions applying to that Auction Sale or a particular item put up for auction in which event such further special condition or conditions will be deemed to be incorporated into and form part of these Policies.
      16. Goods and Services Tax (GST)
        1. The Seller will elect whether the Purchase Price of the goods is inclusive or exclusive of GST. If applicable, GST will be added to all charges and fees payable.
        2. If the whole or any part of the Purchase Price of a Stock is consideration for a taxable supply, the Buyer must pay to the Seller via the Auctioneer, an amount equal to the GST amount applicable to the Purchase Price. The Auctioneer will provide to the Buyer (if applicable) a tax invoice at that time.
        3. Buyer is solely responsible to timely provide all documents needed to exempt from the payment of GST.
      17. Auction of Used Motor Vehicles, Vehicles and Other Goods
        1. The Buyer acknowledges that:
          1. the Auctioneer is unable to, and does not carry out detailed inspections of the Stocks offered for sale, including structural, mechanical, electrical, hydraulic or underbody inspections; instead, Stocks are inspected only by cursory external walk around;
          2. the information that the Auctioneer hasin relation to each Stock is information provided to the Auctioneer by the Seller of each Stock (including, in the case of Motor Vehicles and Vehicles, any inspection, condition, pre-auction reports or other information asto the condition of the Motor Vehicle and/or Vehicle);
          3. the information provided by the Seller in relation to each Stock is not guaranteed by the Auctioneer;
          4. it must satisfy itself as to the condition, description and state of repair of the Stock prior to the commencement of an Auction Sale;
          5. in the case of Motor Vehicles and Vehicles, it may not rely on the category in which a Motor Vehicle and/or Vehicle is sold as a representation as to the condition or registrability of the Motor Vehicle and/or Vehicle;
          6. it is the Buyer’sresponsibility to perform a search of the Written Off Vehicles Register (WOVR) prior to the commencement of an Auction Sale to satisfy itself as to the WOVR status and condition of the Motor Vehicle and/or Vehicle and all the codes used to record the Motor Vehicle and/or Vehicle on the WOVR; and
          7. the Damage and Description Disclaimer forms part of these Policies.
      18. Cancellation
        1. Notwithstanding any other clause in these Policies, the Auctioneer with authority and on behalf of the Seller, has the right to cancel and rescind any Auction Sale and/or any Stock(s) sold from an Auction Sale.
        2. The Auctioneer may exercise this cancellation right at any time before collection of the Stock(s), including after the conclusion of the Auction Sale, and in circumstances where a system generated invoice or receipt has been issued to a Buyer and paid in part or in full. If the Auctioneer exercises this right on behalf of the Seller, the Auctioneer will refund to the Buyer the Purchase Price and any part thereof that the Buyer has paid.
        3. The rights conferred to a Buyer pursuant to clauses 7, 8 and 9 do not apply in circumstances where the Auctioneer has exercised any right on behalf of the Seller pursuant to this clause.
      19. Salvage Auction Vehicles or Non-Mobile Stocks
        1. The Auctioneer does not accept any responsibility or liability for damage sustained to Stocks (either before, during or after an Auction Sale) through the use of forklifts/loaders or other equipment to load, unload or move or shift Stocks.
      20. Dispute Resolution
        1. Subject to clause 22, Buyer, Buyer Representatives, and Auctioneer agree not to institute legal proceedings against the other party and that any dispute related to or arising out of an Auction Sale, including but not limited to disputes related to or arising out of vehicles sold by the Auctioneer, the registration or bidding process, or a Buyer Agreement (a “Dispute”), will be resolved in accordance with the dispute resolution process and arbitration process set forth below.
        2. Buyershall first notify Auctioneer of the Dispute in writing via e-mail to: buyerservices_AU@iaai.com (“Notice”). The Notice of Dispute must:
          1. include your name, address, phone number, and e-mail address(es) used to register with or use the services;
          2. describe the nature and basis of the dispute;
          3. identify the Storage Site and Stock Number from which the Dispute arose;
          4. enclose and/or identify all relevant documents and/or information; and
          5. set forth the specific relief sought.
        3. The Stock cannot leave the Storage Site if it is the subject of a Dispute
        4. Within thirty (30) days ofthe Notice being received by Auctioneer, representatives of the parties who have authority to resolve the Dispute must attempt to resolve the Dispute in good faith.
        5. If the parties do not reach an agreement to resolve the Dispute within thirty (30) days after the Notice is received, Buyer shall have the right to refer the matter to arbitration in accordance with the process set out in clause 21.
      21. Arbitration

        Please read thissection carefully – Buyer, Buyer Representatives, and Auctioneer agree that any and all Disputes between them shall be submitted to and resolved exclusively by binding arbitration instead of litigation, except as otherwise specifically provided below. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.
        1. If the Buyer and Auctioneer are unable to resolve any Dispute in accordance with clause 20, any dispute arising out of or related to this Agreement shall be settled exclusively by arbitration, conducted before an arbitrator accredited in Australia. The cost of the arbitration shall be split evenly between the parties, and the arbitrator shall have the right to award fees and costs to the prevailing party as deemed appropriate in the arbitrator’s sole discretion. Any dispute arising out of Agreement shall be arbitrated applying the laws of the State or Territory established in accordance with Section 14.b.
      22. Interlocutory Relief
        1. Nothing in clauses 20 and 21 affects the right of a party to seek injunctive relief in connection with an Auction Sale where it is necessary to prevent irreparable damage to the party making the application.
      23. EPA Authority Required for Purchasing Statutory Write-Offs
        1. This clause applies where the Buyer resides or operates in the State of Victoria.
        2. The Buyer of any statutory write-off warrantsto the Auctioneer and Seller that it has a current valid EPA Authority that it can produce to the Auctioneer upon request.
        3. The Buyer acknowledges, that if the Buyer has:
          1. purchased a statutory write-off; and
          2. resides or operatesin the State of Victoria; and
          3. does not have a current valid EPA Authority or does not provide a copy of same to the Auctioneer upon request:
            1. the Buyer will not be permitted to collect the purchased statutory write-off, even if the Purchase Price has been paid in full; and
            2. the Auctioneer has the right to cancel the purchase transaction, and the Auctioneer will refund to the Buyer the Purchase Price and any part thereof that the Buyer has paid, less any administrative fees as determined by Auctioneer in its sole discretion.

    Effective as of July 14, 2025