1. BTF Auctions facilitates online sales of goods by auction on behalf of third-party owners. These Terms and Conditions for Sellers apply to all Authorised Sellers and form the entire agreement between BTF Auctions and Authorised Sellers, superseding all prior communications or understandings, whether oral or written.
2. To become an Authorised Seller, applicants must submit an online application form via the BTF Auctions website (btfauctions.com.au/[insert relevant webpage]). By applying to become an Authorised Seller, applicants agree to be bound by these terms and conditions if their application is accepted. BTF Auctions reserves the right to approve or reject applications at its absolute discretion. Successful applicants will be notified in writing by BTF Auctions.
3. Upon receipt of written notification of acceptance of an application, the applicant becomes an Authorised Seller and is bound by these Terms and Conditions.
4. Authorised Sellers may propose items/lots for auction. BTF Auctions may inspect submitted goods (physically or digitally) and may accept or reject any item or lot submitted at its absolute discretion. Goods with a total value of less than $3,000 will not be accepted for auction.
5. Items accepted for auction by BTF Auctions may either be delivered to BTF Auctions at 410 Barrabool Rd Ceres, Victoria or remain in the seller’s possession. Items held at BTF Auctions’ premises on behalf of Authorised Sellers are held on consignment.
6. BTF Auctions may reject any item delivered to it by an Authorised Seller prior to auction at its absolute discretion.
7. Goods held on consignment by BTF Auctions remain the property and at the risk of the Authorised Seller. BTF Auctions shall take reasonable care to ensure goods are stored safely, but is not liable for any loss or damage to goods, whatever the cause.
8. The Authorised Seller agrees to indemnify and hold harmless BTF Auctions, its officers, employees, and agents from and against any loss, damage, liability, cost, or expense (including legal costs on a full indemnity basis) arising out of or in connection with the storage, handling, or presence of the Authorised Seller’s goods at BTF Auctions’ premises, including but not limited to any damage caused to property or injury to any person by the goods, except to the extent such loss arises from the gross negligence or wilful misconduct of BTF Auctions.
9. An upfront listing fee applies to each item/lot accepted for auction. The amount of the listing fee is determined by reference to BTF Auctions’ Schedule of Rates, available at btfauctions.com.au/[insert relevant webpage], and varies depending on item type and storage method.
10. Upon a sale of any item or lot at auction, a commission is payable to BTF Auctions as follows:
– 16% for goods held by BTF Auctions;
– 13% for goods retained by the seller prior to sale.
The commission is calculated on the final hammer price and excludes GST.
11. Authorised Sellers must provide full and accurate item descriptions, including known faults or relevant disclosures.
12. Authorised Sellers retaining possession of goods pre-auction must make them available for buyer inspection and pick-up at designated times.
13. Buyer payments are received by BTF Auctions. Net proceeds (less commission) are remitted to sellers within 14 days of the sale.
14. BTF Auctions does not guarantee any item will be sold, nor the price achieved at auction.
15. Sellers indemnify and hold harmless BTF Auctions from all claims, actions, or liabilities arising from the sale or condition of their goods.
16. BTF Auctions accepts no responsibility for damage to goods before or after auction.
17. BTF Auctions shall set the starting price for all items and lots auctioned through its platform. Authorised Sellers may nominate a reserve price for each lot, subject to approval by BTF Auctions. If no reserve price is set, the lot may be sold to the highest bidder regardless of the final bid amount.
18. Authorised Sellers are solely responsible for determining their GST registration status and for complying with any applicable tax obligations in relation to goods sold via the BTF Auctions platform.
Where a seller is registered for GST and the sale of a lot is a taxable supply, the seller must notify BTF Auctions in writing and provide their ABN and GST status before the item is listed.
BTF Auctions may, at its discretion and with consent of the seller, issue Recipient Created Tax Invoices (RCTIs) on behalf of GST-registered sellers for taxable supplies made through the platform. Where RCTIs are issued, both parties must comply with relevant ATO requirements, including maintaining appropriate records and not issuing duplicate invoices. BTF Auctions shall charge and remit GST on any listing fees, commissions, or other services it provides.
BTF Auctions does not provide tax advice. Sellers are encouraged to seek independent tax or accounting advice regarding their obligations.
19. Where items or lots are stored by BTF Auctions but are not sold at auction, the Authorised Seller must arrange for their collection within three (3) business days of the auction’s conclusion. Failure to collect goods within this timeframe will incur a storage fee of $25 (inclusive of GST) per day, per lot. If goods remain uncollected for more than one (1) month, it is hereby agreed by the buyer that title and ownership in the goods shall transfer to BTF Auctions, which reserves the right to dispose of the items at its discretion, including by sale, donation, or otherwise, with no further liability to the seller. All reasonable costs incurred by BTF Auctions in relation to the disposal of uncollected goods shall be recoverable from the Authorised Seller.