Buyers Terms and Conditions
About McElwains Auctions
McElwains Auctions (Parent company Adees Ltd) are a member of the Auctioneers Association of New Zealand. All our Auctions are conducted under the rules, law and ethics of this Association.
All buyers need to be registered prior to bidding. When bidding at auction, including McElwains online portal, buyers agree to the terms and conditions set out and accepted prior to making a bid. Failure to adhere to the terms and conditions at the conclusion of auction may result in action taken by McElwains Auctions.
Day of Auction
Our online Auctions conclude on a Tuesday of any given week. Invoices are sent out to successful buyers at the conclusion of the auction. No goods are removed/picked up until the following day – Wednesday.
All goods are to be sold subject to the vendor or their agents (McElwains) approval. Should the highest bid on a lot not reach reserve, that lot is deemed sold subject to the vendor’s approval. If the vendor grants approval within 24 hours, the buyer (high bidder) is contractually obliged to complete the sale. McElwains reserve the right to contact the 2nd highest bidder if the highest bidder cannot be contacted within the 24hr period.
If a buyer is unable to attend/bid online McElwains can place bids on their behalf under the bidding account designated to McElwains Auctions.
Each lot incurs a 15% buyer’s premium on top of the hammer price (highest bid). This 15% incurs a GST portion of 15%. Total buyer’s commission is 17.25% i.e. an item that sells for $100 will cost the buyer $117.25.
An invoice will be sent to all successful buyers on Tuesday, at the conclusion of the Auction. Payment is STRICTLY 3 days – there are no exceptions. Failure to do so will restrict your bidding account and McElwains reserve the right to engage a third party debt collection agency to retrieve monies owed.
Preferred payment method is by online banking. The details are on your invoice. Alternatively we accept Eftpos, Cash, Credit Card (surcharge 3%) instore.
Collection of Goods After Auction
No goods will be dispatched until payment is made and cleared. Pickups are required to be completed by 4pm on the Friday after the auction. Tauranga times are Wednesday, Thursday and Friday 8.30 – 4pm. Hamilton times are Wednesday, Thursday and Friday 8.30 – 5pm. Unless otherwise previously arranged all goods must be picked up within these times. McElwains reserve the right to charge storage costs for items not picked up within the period stated.
McElwains DO NOT TRANSFER goods between our two locations. It is up to the buyer to organise freight or pickups. We do offer a courier service for smaller items. This is at the buyer’s risk and cost and needs to be arranged/quoted within 24 hours of invoice being received. Payment for those goods are to include the courier charge quoted. All furniture items that are large/heavy, please bring help to assist you with lifting. McElwains staff, due to health and safety requirements do not lift furniture/whiteware.
McElwains Auctions act as agents for the vendor. Neither is responsible for errors of description or authenticity of any lot. Obvious faults will be photographed or mentioned where possible however ALL GOODS ARE SOLD AS IS. We strongly suggest utilising viewing days or contacting us for further information on lots as purchases are at the sole risk of the buyer.
All electrical items are sold on the basis of their decorative value. We do not test items and we strongly recommend, prior to using these items, a qualified/approved electrician.
McElwains Auctions representatives at any given time may request further information or identification from buyer’s of certain Police (Vendor) items. Failure to comply will result in the item being re-sold.
Goods not picked up within a specified or previously agreed time
McElwains reserve the right to charge storage costs OR re-auction the item/s if buyer’s fail to uplift items without prior arrangement. If resold at a subsequent auction, the monies realised will be held in a trust account for a period no longer than 2 months, by which time the funds will be used to pay for storage costs.
The lots/items are at the buyer’s risk from the fall of the hammer. McElwains endeavour to protect the buyer’s investment to the best of our ability within the three days after auction but cannot guarantee loss, damage or theft will occur.
Vendor Terms and Conditions
Adees Ltd T/A McElwains Auctions is hereafter referred to as ‘McElwains” or ‘Auctioneers’. IN THE EVENT that the Auctioneer accepts your commission to offer your property for sale by public auction then such commission will be accepted on the following terms and conditions:
1. The Auctioneer understands that the items consigned are the free and unencumbered property of the Vendor and the Vendor warrants as such, or that the Vendor is properly authorised to sell the property by the true owner and is able to transfer good and marketable title to the property free from any third-party claims. The Vendor will indemnify McElwains, its servants and agents and the Buyer against any loss or damage suffered by either in consequence of any breach of the above on the part of the Vendor.
2. Unless McElwains has a letter of indemnity from your insurance company your property will be insured by the Auctioneers insurance company while it is on the Auctioneers premises. In the event of a claim the Auctioneers accepted reserve or guide price or in the absence of such the median of McElwains presale auction estimate will be deemed to be the insured price. This payment being subject to the deduction of selling costs.
3. The Auctioneers, their servants or agents shall not be liable for any loss arising from any cause whatsoever in respect of which the Auctioneers are not entitled to be indemnified by their insurance company.
4. You will be advised if the agency to sell the item/s cannot be accepted by the Auctioneer and in such event, it/ they must be removed from the Auctioneer’s premises within ten (10) days of the date of such advice to you. If it/they are not removed within such period, the Auctioneer shall be at liberty to sell the item/s for such price (WITHOUT REGARD TO YOUR SUGGESTED RESERVE/S OR GUIDE) and in such manner as it shall in its absolute discretion determine. Alternatively if no commercial value is there they will be donated to a registered charity.
5. The reserves or guides (if any) shall be solely those appearing on the “Contract to Sell”. A reserve or guide may only be set in consultation with the Auctioneer. If no reserve or guide is specified, then all lots will be sold to their best advantage or held over at the discretion of the Auctioneer for another auction.
6. Reserves or guides (if any) are inclusive of commission. Under no circumstance is the vendor permitted to bid on their own goods.
7. The commission charged to vendors shall be 15% of the hammer price plus GST for any individual item of value $1000 or more. 20% of the hammer price plus GST for any individual item sold for value $500 to $1000. 25% of the hammer price plus GST for any individual item sold to the value $30 to $500. All individual items sold under $30 hammer price will be charged at 40% plus GST. Any cartage and any other related costs are payable plus GST.
8. The Auctioneer may recover charges incurred upon your property or any outstanding account incurred by the same vendor, from the price obtained. In the case of items unsold charges incurred shall be paid by the vendor before the goods are removed.
9. The vendor acknowledges that if the bidding for any of his property fails to reach its reserve or guide at auction, the reserve or guide is automatically reduced by 20% for each subsequent offering without notice to the vendor.
10. Once the property has been accepted to be offered at auction by the Auctioneers, you shall not be at liberty to withdraw it or alter reserves or guides unless the Auctioneers agree or until it has been offered at public auction at the reserve or guide price and passed in. Where the Auctioneers agree to the withdrawal or change of reserve or guide, an appropriate fee will be charged.
11. Without special arrangements, if any item is unsold 6 (six) months after its receipt by the Auctioneers, it may be sold at the Auctioneers discretion as to the method and price without regard to any reserve or guide.
12. Lots where insured by the Auctioneers insurance company are insured under the specified conditions until property in the Lot passes to the Buyer or is collected. Property returned at the vendor’s request is returned at the vendors risk and expense and will not be insured in transit.
13. McElwains shall remit the proceeds of sale to the Vendor ten (10) days after the date of the sale providing they have received full payment from the Buyer. McElwains sell as agent for the Vendor and are not responsible for any default of the Buyer.
14. The vendor authorises the Auctioneer to sell the goods under the current Conditions of Sale of the Auctioneers Association of NZ Inc or any other conditions of sale commonly used by the Auctioneer. A copy of such conditions is available for inspection by the Vendor at the Auctioneer’s office and the Vendor shall be deemed to have read and understood them. Where they conflict with this contract this contract will prevail.
15. The Vendor gives the Auctioneer full and absolute right to photograph and illustrate any lot placed in its hands for sale and to use such photographs and illustrations at any time at its absolute discretion (whether or not in connection with the auction).
16. The Vendor will be deemed to have accepted the above terms and conditions unless the Auctioneers receive contrary written instructions within seven days from the date of receipt.