Common use of Collection and Delivery Clause in Contracts

Collection and Delivery. (a) We may withhold delivery or collection of any item until you have paid all amounts owing to us. (b) Any collection times stated in the Sale Overview, Item Page, lot or Lot Page or otherwise are estimates only. While we will use commercially reasonable efforts to comply with the stated collection times, we will not be liable to you for any loss or damage you suffer as a result of our failure to comply with such times. (c) Where items are not held by us on our premises, you must strictly observe and comply with any collection times and arrangements we specify. This is because we may have limited ability to access the items. If you do not comply with the collection times and arrangements that we specify, there is a risk that the item will be removed from the premises, after notice to you, and in such circumstances we will not be liable to you for the unavailability of the item and we will not refund the purchase price to you. We will, however, use commercially reasonable efforts to assist you to arrange access to the item again. (d) If you visit any place where goods are stored to inspect or collect them, you must comply with: (i) any relevant laws regarding occupational health and safety; (ii) any directions or warnings about the goods or their location in the Sale Overview, Item Page, lot or Lot Page; and (iii) any directions given by us or anyone authorised by us when inspecting or removing any goods from any location. (e) You acknowledge that you inspect or remove goods at any location at your own risk and agree to indemnify Grays and EquipNet for any liability or loss to you or your agents or employees suffer while seeking to take, or in the course of taking possession of goods. (f) If we are unable to deliver an item or you do not collect it within seven (7) days of a Sale we may charge a storage fee in accordance with our usual rates, as set out in clause 10.1(g), below, or at other rates we may reasonably specify. For motor vehicles and industrial equipment, unless otherwise agreed, our storage charges are $50 per day or $250 per week. (g) Subject to any applicable legislation governing the disposal of uncollected goods, if you do not collect or take delivery of an item within seven (7) days of a sale, and after three (3) months’ notice to you: (i) where the item was purchased for $100 or more, we may sell the item on terms we consider reasonable and refund the proceeds of the sale to you, less Buyer's Premium, a storage charge of $5 per day and an administration fee of $40; and (ii) where the item was purchased for less than $100, we may sell or otherwise dispose of the item, without refund to you.

Collection and Delivery. (a) We may withhold delivery or collection of any item until you have paid all amounts owing to us. (b) Any collection times stated in the Sale Overview, Item Page, lot or Lot Page or otherwise are estimates only. While we will use commercially reasonable efforts endeavours to comply with the stated collection times, we will not be liable to you for any loss or damage you suffer as a result of our failure to comply with such times. (c) Where items are not held by us on our premises, you must strictly observe and comply with any collection times and arrangements we specify. This is because we may have limited ability to access the items. If you do not comply with the collection times and arrangements that we specify, there is a risk that the item will be removed from the premises, after notice to you, and in such circumstances we will not be liable to you for the unavailability of the item and we will not refund the purchase price to you. We will, however, use commercially all reasonable efforts endeavours to assist you to arrange access to the item again. (d) If you visit any place where goods are stored to inspect or collect them, you must comply with: (i) any relevant laws regarding occupational health and safety; (ii) any directions or warnings about the goods or their location in the Sale Overview, Item Page, lot or Lot Page; and (iii) any directions given by us or anyone authorised by us when inspecting or removing any goods from any location. (e) You acknowledge that you inspect or remove goods at any location at your own risk and agree to indemnify Grays and EquipNet for any liability or loss to you or your agents or employees suffer while seeking to take, or in the course of taking possession of goods. (fi) If we are unable to deliver an item or you do not collect it within seven (7) 7 days of a Sale we may charge a storage fee charge in accordance with our usual rates, as set out in clause 10.1(g10.1(f), below, or at other rates we may reasonably specify. For motor vehicles and industrial equipment, unless otherwise agreed, our storage charges are $50 per day or $250 per week. (gf) Subject to any applicable legislation governing the disposal of uncollected goods, if you do not collect or take delivery of an item within seven (7) 7 days of a sale, and after three (3) 3 months’ notice to you: (i) where the item was purchased for $100 or more, we may sell the item on terms we consider reasonable and refund the proceeds of the sale to you, less Buyer's Premium, a storage charge of $5 per day and an administration fee of $40; and (ii) where the item was purchased for less than $100, we may sell or otherwise dispose of the item, without refund to you.