1. Vehicles are offered by Turners Auctions Limited ("Turners") on behalf of the owners of the vehicles.
2. Vehicles are offered by way of real time auction.
3. Persons wishing to bid online to purchase vehicles are required to register on-line with Turners at www.turners.co.nz. The act of registration permits Turners to carry out any checks that it deems necessary, including but not limited to credit checks, address checks and checks to determine whether you are a registered motor vehicle trader. Turners reserves the right to request identification from or deny registration to any intending purchaser without giving any reason.
4. By logging onto the TurnersLive site, you agree that the terms and conditions appearing above and below apply to your dealings with Turners. Failure to agree to these terms and conditions will disallow you to participate in this sales system.
5. Software
As part of the Service, Turners may supply you (without charge) with software to enable the use of the Turners Live website. You acknowledge in relation to any software supplied to you that:
5.1 You will have a non-transferable, non-exclusive, personal licence to use that software.
5.2 You will not gain any ownership interest in the software.
5.3 You must not sell, assign or otherwise dispose of the software.
5.4 You must not copy, alter, modify, reverse engineer or reverse compile the software.
5.5 Turners Live makes no representation or warranty as to the quality of the software.
5.6 Turners Live will have no liability to you in relation to the software for any direct or indirect loss or damage you may suffer or incur through your use of the software.
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6. Auction Process
6.1 Bids are placed by entering a bid against the relevant vehicles details.
6.2 Each bid, when recorded on the server of Turners' web site will constitute an irrevocable offer to purchase the vehicle bid on. The bidder may not withdraw its bid at any time after the bid is made. The bid remains valid until the earlier of Turners notifying the successful bidder or the vehicle being passed in for failure to meet any applicable reserve price.
6.3 Turners and its vendor are not obliged to accept the highest or any bid and Turners' decision as to who is the successful purchaser is final.
6.4 Turners have no liability for bids not being processed or accepted due to technicalities or any other reason. Turners cannot be held liable for any viruses or other detriment suffered by person or their computer systems, as a result of the persons use of the on-line system TurnersLive.
6.5 Turners reserves its right to withdraw vehicles for auction without notice and Turners will not have any liability or obligation to purchasers or intended purchasers as a result of any change or withdrawal.
6.6 All lots are offered for sale subject to:
(a) any reserve price set by the vendor or vendor's agent;
(b) the right to bid on behalf of the vendor or vendor's agent;
(c) the right to bid on behalf of an absentee bidder.
6.7 Bidding on any lot can be received from:
(a) bidders on line through TurnersLive;
(b) physical bidders at auction;
(c) phone bids;
(d) any combination of the above.
6.8 The reserve price recorded against any lot is set by the vendor and represents the minimum price that any car can be sold for. Turners reserve the right to alter the reserve price based on the vendor’s instructions at any point prior to and during an auction. When a reserve price has been met or exceeded, this will be indicated either by:
(a) a blue flashing NOW SELLING light on the auction stand; or
(b) a RESERVE REACHED message on TurnersLive on the bidders screen.
In the event that the reserve price has been met, all bidders subsequent to this notification are bidding in the express knowledge that if they are the highest bidder at the conclusion of that lot, they will be deemed to be the new owner of the vehicle.
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7. Notice to successful purchaser
Turners will give notice to the successful purchaser by email to the successful purchaser's nominated email address or by phone as soon as possible after the auction closes or in any event within two working days of the close of the auction. Turners accept no liability for lack of delivery of this message for any reason.
8. Payment of Price
8.1 Upon Turners giving notice to the successful purchaser at its nominated email address, the successful purchaser shall have entered into an unconditional contract to purchase the vehicle bid for, the terms for which are net cash.
8.2 The successful purchaser shall pay, unless otherwise specified, in New Zealand dollars (NZ$) to Turners the bid price (which includes GST), Turners' purchase protection fee and any other applicable charges ("the purchase price").
8.3 The purchaser is required when registering to provide Turners with details of a credit card for the purpose of Turners debiting that card with a $500.00 deposit for each purchase made by the purchaser. The purchaser will ensure there are always sufficient funds available on the credit card to meet such deposit(s). The deposit is non-refundable and is forfeit to Turners in the event of the purchaser failing to complete any purchase. The forfeit of the deposit is in addition to Turners’ rights detailed in paragraph 8.5.
8.4 The purchase price shall become immediately due and payable upon Turners' notification to the successful bidder. For direct debit customers Turners shall be entitled to debit the successful purchaser's nominated bank account with the purchase price, within 24 hours of having sent a tax invoice to the successful purchaser's email address. All other successful purchasers must make immediate payment by bank cheque upon receipt of tax invoice.
8.5 If, for any reason whatsoever, the purchaser fails to pay the purchase price within 24 hours of receipt of the tax invoice, it shall be optional for Turners at its discretion and without notice to:
(a) re-sell the vehicle privately by auction; and/or
(b) sue for the balance of the purchase price; and/or
(c) charge the purchaser interest at a rate not exceeding 20% per annum on any part of the purchase price unpaid by the purchaser from the date of sale until actual payment.
(d) In the case of a resale pursuant to this paragraph, Turners shall be under no obligation either to the vendor or the purchaser for any loss that occur on the resale, nor shall the purchaser be entitled to any increase in the price that be received but the purchaser shall, if called upon, make up any deficiency in the price obtained on any resale.
(e) charge the purchaser a fee of $250.00 plus GST additional to the purchase price for presenting Turners any cheque which is subsequently dishonoured.
(f) the purchaser shall pay Turners all costs and expenses (on a solicitor/client basis if applicable) incurred by Turners in recovering or attempting to recover the purchase price.
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9. Risk
All vehicles shall, as from the time of Turners' notification to the successful purchaser, be at the risk of the purchaser.
10. Delivery
10.1 All vehicles are sold ex Turners and the purchaser is responsible for uplifting the vehicle at the purchaser's cost from the vehicle’s stated location.
10.2 No vehicles can be uplifted without the purchaser having first effected payment for the vehicle and acknowledging in writing receipt of a copy of the supplier information notice for the vehicle.
10.3 All successful purchasers shall uplift the vehicles within two working days of the close of the auction after which time storage charges of $6 per day (excluding GST) shall apply.
11. Title to Vehicle
11.1 Vehicles sold will not become the property of the purchaser until full payment is made.
11.2 In the case of payment by cheque, payment is not made until clearance of the cheque.
11.3 Turners reserve its right to withhold release of vehicles until payment is made.
11.4 Vehicles which have not been paid for in full may, at any time, be repossessed by or on behalf of the seller or Turners and representatives of Turners or the vendor may, at any time, go into any premises where the vehicles are present for the purpose of effecting repossession.
12. Warranties
Subject to the express warranties contained herein in clause 13 and to any statutory warranties that may apply, all vehicles are offered "as is where is".
12.1 No allowance for any error in quality, fitness or any defect, imperfection or error will be made.
12.2 There are no express or implied warranties as to the condition, mileage or description of the vehicle, notwithstanding any description.
12.3 No representations are made by Turners or the seller as to either the distance travelled or the accuracy of the odometer reading for any vehicle.
12.4 No representation is made as to the past use of any vehicle.
12.5 The purchaser must be satisfied as to the actual condition of the vehicle prior to commencement of bidding.
12.6 By the act of bidding, the purchaser shall be deemed to have inspected the vehicle and have accepted the same in its then condition in all respects.
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13. Buyer Premium
Turners may charge a buyer premium on items sold at auction. Details of such charges will be notified prior to the commencement of the auction. Turners may also make a compulsory buyers charge for Turners Purchase Protection. In such cases, the amount of this charge, which may vary for different vehicles, will be notified prior to the commencement of the auction.
14. Turners Purchase Protection
(A) Vehicles covered by warranties
(i) The following title and description warranties shall apply to all motor vehicles sold by auction unless expressly excluded or modified by Turners before or during the course of the auction. The pre-auction mechanical report applies to vehicles where such a report has been obtained and displayed with the vehicle's particulars.
(ii) A fee shall be payable by the purchaser with respect to the purchase of any vehicle that is covered by Turners Purchase Protection and the amount of the fee will be advised prior to or during the course of the auction.
(B) Nature of warranties
(i) Title warranty
(a) Turners' vendors warrant to Turners that good title will pass to the purchaser. If at any time in the future it is established that the vehicle sold by auction was not at the date of the sale unencumbered, or if the vendor did not have title to the vehicle or was not authorised to sell the vehicle as at the date of sale, Turners will, at its sole option, either take such steps as may be necessary to give the purchaser good title to the vehicle or refund the purchase price.
(b) The title warranty is subject to the express condition that in the event of Turners electing to refund the purchase price, the purchaser will, if able to do so, return the vehicle and its registration papers to Turners within seven days of the date Turners advised the purchaser of its intention to refund the purchase price and if the vehicle is not returned within this time, Turners will be released from any further obligations with respect to this title warranty and this title warranty shall not be enforceable against it. This title warranty is subject to the further condition that the purchaser will assign to Turners upon request any rights it has against the vendor or any other party in connection with the purchaser's purchase of the vehicle and the purchaser will fully cooperate with Turners in enforcing such rights.
(c) This title warranty is conditional on the purchaser advising Turners immediately of any claim made against the vehicle by any party claiming any interest in it and the purchaser otherwise not releasing the vehicle into the possession of any third party and not otherwise compromising any claim or agreeing to settle any claim without Turners' authority. If the purchaser breaches this condition, Turners shall be deemed to be released from all obligations under this title warranty.
(d) This title warranty shall determine the full extent of Turners obligations for any defect of title and Turners shall not be liable for any consequential or other loss sustained by the purchaser nor shall it be liable for any improvements to the vehicle or loss of use of the vehicle or expenses incurred with respect to the vehicle and on settlement by Turners, Turners shall be absolutely released and discharged from all obligations to the purchaser with respect to this title warranty.
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(ii) Description warranty
(a) Turners warrants that the following particulars given for motor vehicles sold by auction will be correct:
(i) Year of first registration in New Zealand.
(ii) CC rating.
(iii) Number of non-registered trader New Zealand owners shall not be more than stated on the certificate of registration for the vehicle.
(iv) New Zealand/ex overseas used import.
(v) Make and model.
(vi) The accessories listed with the vehicle to pass with the vehicle.
(vii) Registration licensing particulars.
(viii) Warrant/certificate of fitness particulars.
(ix) Odometer reading according to documented history (except that no warranty is given concerning the accuracy of odometer readings on used import vehicles).
(x) Road users charge paid up to current odometer reading.
(iii) Pre auction Mechanical report
(a) Turners may obtain and display for a vehicle a Mechanical Report and warrants to the purchaser of such vehicle the accuracy of that report for a period of 24 hours from the time of purchase.
(C) Time Limits for Warranty claims
(i) The title warranty is valid for an indefinite period subject to the provisions of condition 13(B )(i).
(ii) The description warranties are valid for a period of sixty days from the date of the auction sale.
(iii) Any claim under the description warranties must be made by notifying Turners in writing within a stipulated sixty days from the date of the auction.
(iv) Any claim based on the Mechanical Report must be made within 24 hours of the time of purchase by notifying Turners of the claim in writing and by delivering the vehicle back to Turners.
(v) Notice shall be deemed to have been properly given if sent in writing to the Branch Manager of the selling Branch.
(vi) All warranty claims must set out full particulars of the breach complained of and the warranty relied on by the purchaser.
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(D) Purchaser's rights for breach of warranties
(i) Purchaser's rights on breach of the title warranty shall be as set out in clause 13(B)(i).
(ii) With respect to a breach of the description warranties, Turners may, at its sole discretion:
(a) Take such steps as may be necessary to remedy the breach.
(b) Reach a settlement with the purchaser on terms satisfactory to the purchaser.
(c) Refund the purchase price.
(iii) With respect to a claim based on the Mechanical Report, Turners may, at its sole discretion:
(a) Take such steps as may be necessary to remedy the breach.
(b) Reach a settlement with the purchaser on terms satisfactory to the purchaser.
(c) Refund the purchase price.
(d) If Turners and the purchaser do not agree on whether there has been an inaccuracy in the Mechanical report, the issue will be determined by an independent A grade mechanic appointed by the President of the Motor Trade Association whose determination in this respect shall be final and binding on both Turners and the purchaser.
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(E) General conditions relating to all warranties
(i) The warranties given by Turners under its purchase protection plan are the only warranties given by Turners beyond any warranties or obligations imposed by statute.
(ii) All vehicles are otherwise sold as is where is and no warranties are given as to merchantability or fitness for purpose or quality or condition or otherwise howsoever.
(iii) All parts and accessories sold with vehicles are sold as is where is and no warranties are given as to merchantability or fitness for purpose or quality or condition or otherwise howsoever.
(iv) Turners shall not, under any circumstances, be liable for any consequential loss or damage, costs or expenses incurred on motor vehicles by purchasers and the purchaser's only rights shall be those expressly given to them by the title, description and mechanical report warranties as set out in clause 13B hereof.
(v) If Turners elects to refund the purchase price to any purchaser, it shall only do so on the return of the vehicle to Turners in the same condition as the vehicle was at the date of auction and upon Turners receiving a valid notice of change of ownership executed by the purchaser as owner. Turners will proceed to sell the vehicle on the purchaser's behalf and recoup from the proceeds of such sale the purchase price refund paid by Turners to the purchaser.
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15. Road User Charges
15.1 In the case of vehicles not covered by Turners Purchase Protection and where road user charges apply, it is up to the purchaser to determine any unpaid charges as Turners Auctions Limited accepts no responsibility for any outstanding charges.
15.2 Turners Auctions Limited may elect to waive this condition in consideration of making a charge against the purchaser. In such circumstances, an announcement will be made prior to the commencement of the auction.
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16. Motor Vehicles or Plant which may be Driven on the Road
16.1 Where any vehicle sold by Turners does not, at the time of delivery, have a current certificate of fitness or permit or a warrant of fitness issued with respect to the vehicle within one month before the date of the tender, the purchaser shall supply to Turners at the time of delivery an undertaking in writing as provided for in Regulation 86(2)(b) of the Traffic Regulations 1976.
16.2 Every purchaser must supply to Turners before taking delivery of a vehicle the information necessary to enable the change of ownership to be registered. The fee will be paid by the customer according to law. (Turners Auctions reserves the right to delay release of vehicle/goods until this is done).
16.3 The purchaser accepts all responsibilities associated with the registered ownership of the vehicle/goods.
16.4 The certificate of registration of motor vehicle will be forwarded to the purchaser after change of ownership has been registered. Any necessary licensing or re-registration is the responsibility of the purchaser.
16.5 No vehicle may be driven on a road unless it complies in all respects with the Transport Act 1982 and regulations made hereunder and the purchasers shall be responsible for complying with these requirements.
16.6 The attention of purchasers is drawn to the Motor Vehicle Sales Act, particularly those sections relating to the definition of a motor vehicle trader and the requirement to be registered.
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17. Exclusion of Turners' Liability
Except as expressly provided herein in the case of any dispute, any remedy of the purchaser shall be against the vendor only and under no circumstances, including an action for breach of any fundamental obligation shall any remedy lie against Turners or any agent or employee of Turners Auctions Limited.
18. Damages
Any purchaser, prospective purchaser or person who causes damage to any vehicle either before or after auction will be required to pay for either the repair or replacement to put good that damage.
19. Additions and Modifications of Conditions
Turners Auctions Limited reserves the right to add additional conditions of sale to any it conducts. It also reserves the right to modify or withdraw any of the above conditions. In such circumstances, additions, modifications or withdrawals with be notified at the commencement of the auction or at any time during the auction.
20. Copy of terms and conditions
If you require a physical copy of these terms and conditions please print this page.
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