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 ( https://btfauctions.com.au/). 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. Upon receipt of written notification of acceptance of an application the applicant becomes an Authorised Seller and is bound by these Terms and Conditions.
3. 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 as determined by BTF Auctions at its absolute discretion while acting reasonably will not be accepted for auction.
4. Items accepted for auction by BTF Auctions may either be delivered to BTF
Auctions premises at 410 Barrabool Road, Ceres VIC or remain in the Authorised
Seller’s possession. Items held at BTF Auctions’ premises on behalf of Authorised
Sellers are held on consignment.
5. BTF Auctions may reject any item delivered to it by an Authorised Seller prior to
auction at its absolute discretion.
6. 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.
7. 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, damage caused to property or injury to any person, except to the extent such loss arises from the gross negligence or wilful misconduct of BTF Auctions.
8. An upfront listing fee applies to each item/lot accepted for auction. The amount of the listing fee is determined by BTF Auctions and varies depending on item type and storage method.
9. Upon a sale of any item or lot at auction, a commission is payable to BTF Auctions as follows:
– 20% for goods held by BTF Auctions at its premises at 410 Barrabool Road, Ceres
VIC prior to sale;
– 15% for goods retained by the seller prior to sale.
The commission is calculated as a percentage of the final hammer price inclusive of GST.
10. Authorised Sellers must provide full and accurate item descriptions, including
known faults or relevant disclosures.
11. Authorised Sellers retaining possession of goods pre-auction must make them
available for buyer inspection and pick-up at designated times listed on BTF
Auctions website ( https://btfauctions.com.au/).
12. Buyer payments are received by BTF Auctions. Net proceeds (less commission)
shall be remitted to Authorised Sellers within 14 days of the sale.
13. BTF Auctions does not guarantee any item will be sold, nor the price achieved at auction.
14. Authorised Sellers agree to indemnify and hold harmless BTF Auctions from all
claims, actions, or liabilities arising from the sale or condition of their goods.
15. BTF Auctions accepts no responsibility for damage to goods before or after
auction.
16. BTF Auctions shall set the starting price for all items and lots auctioned.
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.
17. 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.
17.1 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.
17.2 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 Australian Taxation Office requirements, including
maintaining appropriate records and not issuing duplicate invoices.
17.3 BTF Auctions shall charge and remit GST on any listing fees, commissions, or
other services it provides.
17.4 BTF Auctions does not provide tax advice. Sellers are encouraged to seek
independent tax or accounting advice regarding their obligations.
18. 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 auctions conclusion. Failure to collect goods within this timeframe will incur a
storage fee of $25 (inclusive of GST) per day, per item or lot. If goods remain
uncollected for more than 14 days, it is hereby agreed by the Authorised Seller 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 owed by BTF Auctions to the Authorised Seller. All reasonable costs incurred by BTF Auctions in relation to the disposal of uncollected goods shall be recoverable from the Authorised Seller.