Auction Buyer Terms:
Vehicles purchased via a Sunday Drive Auction
5% plus GST buyer premium is added to the sold price of each lot
Sunday Consignment Limited (“SUNDAY AUCTIONS”, “we”, “our”) operates auctions (referred to herein as “Sunday Drive Auctions”) under which vehicles are sold by SUNDAY AUCTION (and/or its auction agent) at Sunday Drive Auctions as agent for and on behalf of the third-party owner of the vehicle (each a “Vendor”). Accordingly, each vehicle sold on a Sunday Drive Auction is facilitated by SUNDAY AUCTION on behalf of the relevant Vendor as its appointed agent (each an “Auction Sale”). Each vehicle purchased under an Auction Sale (including any vehicle marketed and promoted for Auction Sale) shall be referred to in these Auction Buyer Terms as a “Auction Vehicle”.
These Auction Buyer Terms apply to each purchaser (including prospective purchaser) of an Auction Vehicle (each a “Purchaser”). By registering to access and bid at a Sunday Drive Auction, the Purchaser is deemed to be bound by these Auction Buyer Terms.
The Purchaser acknowledges and agrees that SUNDAY AUCTION is acting as agent on behalf of the Vendors and selling the Auction Vehicles. Accordingly, the Purchaser acknowledges and agrees that SUNDAY AUCTION is the Vendor’s agent and that the sale of the Auction Vehicle to the Purchaser is an agreement between the Vendor and the Purchaser (not SUNDAY AUCTION and the Purchaser).
The Purchaser acknowledges and agrees that:
Risk in the Auction Vehicle shall pass to the Purchaser at the time the Purchaser collects the Auction Vehicle from SUNDAY AUCTION. However, SUNDAY AUCTION is entitled to withhold releasing the Auction Vehicle into the possession of the Purchaser until it has received payment (in full) of the purchase price for the Auction Vehicle;
The Auction Vehicle does not become the property of the Purchaser until SUNDAY AUCTION receives payment (in full) of the purchase price for the Auction Vehicle, pursuant to the invoice rendered by SUNDAY AUCTION to the Purchaser; and
If the Purchaser fails to collect the Auction Vehicle and/or fails to pay for the Auction Vehicle on the date payment is due, SUNDAY AUCTION may (at its discretion) and without limitation to claim against the Purchaser for damages, terminate the Purchaser’s right to purchase the Auction Vehicle.
For each Auction Sale, SUNDAY AUCTION will organise to have a warrant of fitness applied to the Auction Vehicle on delivery (unless otherwise agreed).
As soon as reasonably practicable after the purchase of the Auction Vehicle, if required by SUNDAY AUCTION, the Purchaser shall sign a written acknowledgment that SUNDAY AUCTION has provided the Purchaser with a copy of the Consumer Information Notice which was attached to the Auction Vehicle or provided online by SUNDAY AUCTION.
The Purchaser acknowledges that it is responsible for taking any necessary precautions before bidding to purchase an Auction Vehicle in a Sunday Drive Auction. Accordingly, the Purchaser acknowledges and agrees that it is the responsibility of the Purchaser to undertake and to inspect the Auction Vehicle in regards to faults, condition or features of the Auction Vehicle prior to the Sunday Drive Auction.
Warranties and Representations
The Purchaser acknowledges and agrees that, to the extent permissible under law:
Auction Vehicles include classic, high performance, exotic and race cars that have surpassed their original life expectancy and / or are classed as high maintenance or risk of failure. Accordingly, many of the Auction Vehicles can be expected to require greater upkeep, repair and short-term major maintenance;
It has not replied upon any representation made by the Vendor or SUNDAY AUCTION in connection with the Auction Vehicle and has undertaking its own independent inquiries and investigations into the Auction Vehicle and in making the decision to bid on the Auction Vehicle via the Sunday Drive Auction;
The Auction Vehicles are offered for sale on an “as is, where is” basis and no representations or warranties, either express or implied are given by SUNDAY AUCTION or the Vendor, as to its merchantability or fitness for purpose or quality or condition;
Without limitation to the aforesaid, the Consumer Guarantees Act 1993 does not apply to the sale of the Auction Vehicle by SUNDAY AUCTION on behalf of the Vendor and in the case of any dispute relating to the Auction Vehicle or the sale of the Auction Vehicle, any remedy of the Purchaser shall be against the Vendor only and under no circumstances shall any remedies lie against SUNDAY AUCTION (including the auction agent), its contractors and employees;
Any warranties or conditions implied by the Contract and Commercial Law Act 2017 shall not apply to the sale of the Auction Vehicle.
Liability:
SUNDAY AUCTION shall not be liable for any loss of profits or any consequential, indirect or special loss, damage or injury of any kind suffered by the Purchaser arising directly or indirectly from a breach of any of SUNDAY AUCTION’s obligations under or cancellation of these Auction Buyer Terms.
Notwithstanding any other provision contained in these Auction Buyer Terms, the liability of SUNDAY AUCTION whether in contract or pursuant to any cancellation of these Auction Buyer Terms or in tort or otherwise in respect of all claims for loss, damage or injury, however arising shall not in aggregate exceed the relevant purchase price paid by the Purchaser in connection with the Auction Vehicle for which such claim against SUNDAY AUCTION has arisen.
Descriptions and Features:
The Purchaser acknowledges and agrees that in facilitating each Auction Sale, SUNDAY AUCTION is reliant on Vendors and the information they disclose to SUNDAY AUCTION in connection with the relevant Auction Vehicle. For example, SUNDAY AUCTION requests that the Vendors give all material information about restoration over the Auction Vehicle’s lifetime, or number matching parts on Auction Vehicles and such information will be provided by SUNDAY AUCTION in connection with the Auction Sale for that Auction Vehicle. While SUNDAY AUCTION will endeavour to validate the information provided by Vendors in connection with each Auction Vehicle, the Purchaser should verify and be satisfied with their own due diligence of an Auction Vehicle and any other information, and should take reasonable time to inspect the Auction Vehicle before purchase to ensure it is up to the Purchaser’s standards.
General:
These Auction Buyer Terms, and any dispute relating to these terms and conditions, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Auction Buyer Terms.
In no circumstances shall SUNDAY AUCTION be liable to a Purchaser for any failure to perform its obligations under these Auction Buyer Terms to the extent caused by an event that is beyond SUNDAY AUCTION’s reasonable control.
The Purchaser may not assign, novate, subcontract or transfer any right or obligation under these Auction Buyer Terms without SUNDAY AUCTION’s prior written consent.
For SUNDAY AUCTION to waive a right under these Auction Buyer Terms , that waiver must be in writing and signed by SUNDAY AUCTION.
If any part or provision of these Auction Buyer Terms and conditions is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Auction Buyer Terms. For the avoidance of doubt, the remainder of these Auction Buyer Terms will be binding on the Purchaser.
These Auction Buyer Terms, the Sunday Drive Auction terms and any agreement to be entered into between the Purchaser and Vendor in connection with the sale and purchase of the Auction Vendor set out everything relating to the Auction Sale and supersede and cancel anything discussed, exchanged or agreed prior to the Purchaser agreeing to these Auction Buyer Terms
