This is an auction sale. All assets in this sale are sold on an “As Is - Where Is” basis.

Assets included in this sale may be used, therefore inspection is highly recommended prior to bidding. Photos and descriptions should be used as a guide only.

Delivery is not an option for this sale. The removal of goods purchased is the buyers responsibility.

Please take care when making a bid as once your bid is placed, it cannot be withdrawn and will not be cancelled. If you are unsure do not bid as no refunds will be given.

Terms & conditions can be found Clicking Here

In this document, unless the context otherwise requires:

• Boat means a boat of any kind, watercraft or marine vessel;
• Boat Auction means an auction we hold (whether online and/or at physical premises) where a Boat is offered for sale;
• Buyer’s Premium means a premium, being a percentage of the gross sale price of a Boat, charged by us to the purchaser in accordance with the User Agreement or On The Floor Auction Terms;
• Flat Rate Per Unit means a fixed fee, being a flat rate per unit, charged by us to the purchaser in accordance with the User Agreement or On The Floor Auction Terms;
• Invoice Amount means the amount on the invoice we issue to you for the purchase of the Boat which will include the purchase price and any other applicable fees and charges;
• On The Floor Auction means a physical auction we hold before an audience of bidders at a physical premises;
• On The Floor Auction Terms and Conditions means the terms and conditions that apply to an On The Floor Auction and are available from us upon request;
• PPSR means the Personal Property Securities Register;
• Site means the Grays website including Grays.com;
• Terms and Conditions means these Marine Auction Terms and Conditions;
• User Agreement means the Grays User Agreement available on the Site;
• Us/we/our means Grays (NSW) Pty Limited ABN 35 003 688 284 and our related entities; and
• Vendor means the owner of a Boat being sold at auction.

In interpreting this document, unless the context otherwise requires:

• The singular includes its plural and vice versa;
• Where a word or phrase is defined, its other grammatical forms have a corresponding meaning;
• A reference to a person includes a corporation, trust, partnership, unincorporated body or other entity, whether or not it comprises a separate legal entity;
• A reference to a party to this agreement includes its successors and permitted assigns;
• A reference to any agreement (including this agreement) or document is to the agreement or document as amended, supplemented, novated or replaced from time to time;
• Words such as including or for example do not limit the meaning of the words preceding them.

Product Condition

The Condition of each product is stated on its Lot Page. We strongly urge you to familiarise yourself with the Condition before bidding. This is because Grays sells a wide range of products in a variety of Conditions on behalf of our Vendors.

It's important that you read the Lot Description for possible additional information on the Condition of the product including any applicable warranty details. You should take the Condition and the Lot Description into account when you place your bid as we do not offer refunds if you change your mind about your purchase.

Information regarding Product Conditions can be found by clicking here: Shopping With Grays

Please Note:The data form (if attached below the description in the lot) is a guide only. The assets are not driven or tested and description is based on walk around at the time of listing only. If engine is listed as turning over, this is based on a start-up only at the time of listing and has not been mechanically tested. There may be other damages, mechanical issues or body/hull/interior blemishes that have not been sighted or contained in the description at time of arrival or booking in. Therefore a full inspection is highly recommended prior to bidding.

GST Exclusive & Inclusive Examples

A Buyers premium applies to all lots purchased in this auction. Please refer to the individual sale or lot descriptions for the applicable percentage.

GST Exclusive example:

• Successful Bid Price is $10,001 + 10% Buyers Premium = $11,001.10 + 10% GST = invoice total of $12,101.21
• Successful Bid Price is $100,001 + 8% Buyers Premium = $108,001.08 + 10% GST = invoice total of $118,801.19
• Successful Bid Price is $200,001 + 6% Buyers Premium = $212,001.06 + 10% GST = invoice total of $233,201.17
• Successful Bid Price is $300,001 + 5% Buyers Premium = $315,001.05 + 10% GST = invoice total of $346,501.16

GST Inclusive example:

• Successful Bid Price (Inc GST) is $10,001 + 10% Buyers Premium = $11,001.10
• Successful Bid Price (Inc GST) is $100,001 + 8% Buyers Premium = $108,001.08
• Successful Bid Price (Inc GST) is $200,001 + 6% Buyers Premium = $212,001.06
• Successful Bid Price (Inc GST) is $300,001 + 5% Buyers Premium = $315,001.05

Variable Buyers Premium:

A Variable Buyers Premium may apply to this sale, a Variable Buyers Premium will automatically adjust as the bid price reaches the above examples.

The Buyer’s Premium will be added to your final bid price.

GST refund for exported assets

To claim a GST refund for an asset that has been exported, you must:
• Notify us of your intent to export within five (5) days of the Sale closing date
• Pay your invoice in full (including any GST)
• If the asset is ex-military, obtain a Dept of Defence Export Authorisation Permit and complete a Customs Export Declaration form prior to export. See Military Exports
• Supply proof of export of the asset within 60 days of the invoice payment date. Acceptable documents are a Bill of Lading, Sea Waybill or Air Waybill
• Please note that refund of GST on Buyers Premium (a service) is only available to overseas buyers

To claim a GST refund for an asset that has been exported, you must:
• Notify us of your intent to export within five (5) days of the Sale closing date
• Pay your invoice in full (including any GST)
• If the asset is ex-military, obtain a Dept of Defence Export Authorisation Permit and complete a Customs Export Declaration form prior to export. See Military Exports
• Supply proof of export of the asset within 60 days of the invoice payment date. Acceptable documents are a Bill of Lading, Sea Waybill or Air Waybill
• Please note that refund of GST on Buyers Premium (a service) is only available to overseas buyers

Auction Fees

For information regarding Grays Protect and Administration Fees, please see below:

What is the Administration Fee?

Grays Protect

We accept the following methods of payment:

Credit Card

• 1% surcharge applies to Mastercard & VISA transactions.
• 2% surcharge applies to American Express & Diners Club transactions.
• No other cards are accepted.
• For invoices totalling less than $10,000, your credit card will be debited within 2 days of auction closing. To assist in the processing of payments, please have funds available.
• For invoices totalling in excess of $10,000 Grays reserves the right to charge a deposit against the purchaser’s credit card to a maximum of $10,000 or 20% of the invoice total. In bidding in this sale, the buyer agrees without reservation to Grays doing so.
• Invoices totalling in excess of $10,000 can be paid in-person at any Grays office.
• Invoices totalling in excess of $10,000 will not be split.

PayPal

• 1% surcharge applies to PayPal transactions.
• Only accepted for invoices totalling less than $10,000 where elected as your preferred payment method within your account.

EFT (Direct Deposit)

• For invoices totalling in excess of $10,000. Payment must be made in full within two business days of the auction closing.
• Please ensure to state your invoice number as the payment reference and email proof of the remittance to accountsreceivable@grays.com.au
• Please ensure you state your invoice number within the payment reference. As EFT transfers can take up to 2 business days to clear, please contact Grays prior to collecting your purchase to confirm receipt of clear funds.

Please email a copy of your payment confirmation / remittance once deposit has been made - accountsreceivable@grays.com.au

Cash, Bank Cheques and Personal Cheques are not accepted payment methods

Please see below for further information:

Payments

For invoice payment enquiries only, please email accountsreceivable@grays.com.au

For all other enquires, please email industrialcs@grays.com.au

The Condition of each product is stated on its Lot Page, and we strongly urge you to familiarise yourself with the Condition before bidding. This is because Grays sells a wide range of products in a variety of Conditions on behalf of our Vendors.

It's important that you read the Lot Description for possible additional information on the Condition of the product including any applicable warranty details. You should take the Condition and the Lot Description into account when you place your bid as we do not offer refunds if you change your mind about your purchase.

Information regarding Product Conditions can be found by clicking here Shopping With Grays

• Typically, auctions end at their posted closing time. There are some exceptions to this however, if there are any bids placed on a particular lot within 10 minutes of the auction closing time (the "Going, Going, Gone!" period). It will be extended until there are no more bids placed within ten minutes of the last successful bid.
• There is no limit to the number of times an online auction can be extended. This makes Grays work more like a live auction where the bidding does not stop as long as there is still interest in the product, rather than assigning an arbitrary cut-off time. To ensure that you do not get outbid make sure you monitor the auction until you have won the item or enter an "AUTOBID" that you think will win!

PLEASE NOTE: THIS IS AN AUCTION SALE. ALL ASSETS IN THIS SALE ARE SOLD “AS IS” WITHOUT WARRANTY AND COOLING OFF PERIOD

By registering and bidding you have agreed to our terms and conditions of sale. All bidding is subject to the online "Users Agreement".

The terms and conditions of the online auctions may change from time to time. Please ensure you clearly read the special terms and conditions contained in this page and also in the users agreement. Continuing to use the online auction service following amendments to these terms & conditions will constitute your acceptance of the new terms & conditions applying to this service.

Terms & Conditions can be found by clicking here Terms & Conditions

Buyers Please Note:

• Please take care when making a bid as once your bid is placed, it cannot be withdrawn and will not be cancelled. If you are unsure do not bid as no refunds will be given.
• By registering and bidding, you have agreed to Grays terms and conditions of sale. If necessary please familiarise yourself with them prior to bidding on any items in this auction.
• The terms and conditions of the online auctions may change from time to time. Please ensure you clearly read the special terms and conditions contained in this page and also in the bidders agreement. Continuing to use the online auction service following amendments to these terms & conditions will constitute your acceptance of the new terms & conditions applying to this service.
• Grays staff are onsite for security purpose only, please make sure you have people to help you load your purchases and provide suitable transport.
• Collection can only take place once cleared funds have been received.

Grays guarantees that all vehicles/boats/motorbikes (Vehicle(s)) in this sale are sold with clear title, however in this respect note that:

• Bidders may find when they do perform a PPSR check (highly recommended) in many cases the vehicles do have a security interest registered against them, which will be lifted as soon as the relevant vehicle is sold and monies are cleared in the secured party’s/security holder’s account; and
• Please allow up to 10 business days for the security interest to be removed.

Location: 4/706 Geelong Road, Brooklyn, Vic, 3012.

Inspection: Friday 22nd July 2022 between 9:30am and 12:30pm.

Collection: Strictly Wednesday 27th and Thursday 28th July 2022 between 10:00am and 1:00pm

Please Note: Proof of Full Vaccination (Double Dose) Must Be Provided for Access to Site.

Collection Notes:

• Any items remaining uncollected after the specified timeframe may be deemed abandoned and disposed of unless prior arrangements have been made with the respective contact listed on the sale.
• Goods will only be released with the correct buyer details being provided (full buyer name, sale number, Lot number and I.D.).
• Grays may take a copy (photocopy or electronic copy) of the document that proves the Registered Buyer’s identity, such as a driver licence or other photo ID. Taking such a copy is reasonably necessary for Grays’s business activities. The copy will be collected, held, used and disclosed by Grays in accordance with the Grays Privacy Policy
• Asset packaging and removal are the purchasers responsibility in the time frame specified for this sale.
• Please be aware during busy periods an extensive wait time should be expected.

COLLECTION CAN ONLY TAKE PLACE ONCE CLEARED FUNDS HAVE BEEN RECEIVED

If you wish to send a third party to collect your goods on your behalf, they will need:

• A copy of your Winner's Email
• A scanned copy of your photo ID
• A letter signed by you authorising them to collect the goods on your behalf (Please refer below Letter of Authorisation template)
• They will also be required to produce identification and sign for the goods on behalf of buyers acting as the authorised agent.

Grays do not carry manual consignment notes nor complete them for third party carriers. Grays staff will not release the goods to anyone other than you unless they carry the appropriate authority. By appointing third party pick up you have given them the authority to sign off on the condition of the goods being picked up.

Please Note: Grays are not responsible for the goods once they have been signed for. Any problems relating to the transportation of the goods will need to be taken up with the third party acting on your behalf.

For Delivery, Please refer to our delivery homepage for collection and delivery options.

• https://lp.graysonline.com/homedeliveryservice/

Please Note: Enclosed footwear must be worn at all times when inspecting or collecting goods.

• Collection of the assets is the responsibility of the purchaser.
• Grays - WILL NOT package your item or organise a courier / transport for the purchaser.

Site Access:

• Persons under the age of 16 years will not be permitted on site unless accompanied and supervised on site.
• It is a condition of entry that all persons entering the site comply with any directions given by Grays staff, their representatives or the site controller.
• It is a condition of entry that all persons conduct themselves in a manner which does not endanger the health and safety of other persons on site, and which does not create a risk to health and safety.

Personal Protective Equipment (PPE):

• Grays will specify, according to the hazards and risks assessed as present on the site, any mandatory PPE required to be worn prior gaining approval to entry to the site. This equipment may include Safety Footwear, Safety Eyewear, Hearing Protection, and Head Protection, or any other item of PPE deemed necessary.

• Grays will specify the site requirements for the safe removal of plant from the site. All work carried out on site will be performed in a manner compliant with the relevant State Occupational Health and Safety Legislation. All work undertaken on the site must be performed by suitably qualified and insured persons.
• Licensing of Tradespersons - All tradespersons must possess the relevant licences to undertake plant disconnection and removal of plant activities. Copies of these licenses will be requested prior to the commencement of work and copies/license details will be retained by Grays.
• Insurances - Copies of Insurances - PI/PL and Workers Compensation will be required to perform work on the site and copies will be retained by Grays.
• Agreement - Before any work commences the contractor/tradesperson must sign and agree to adhere to Grayss OHS work practices.
• Safe Work Method Statement (SWMS) - The contractor/tradesperson will be required to submit a completed SWMS.
• Work at Heights - All work above 2.0 metres will require the use of certified equipment. This equipment may include safety harnesses and work platforms. All equipment used will be within the safe test date requirement for such equipment. All work at heights risks will be controlled.
• Electrical Equipment - All equipment brought onto site must be considered safe and fit for use and be tested and tagged as required by AS/NZS 3760:2003: In-service safety inspection and testing of electrical equipment.
• Electrical Disconnection of Plant - All disconnection of hard wired plant must be performed by a licensed tradesperson.
• Disconnection of Water - All disconnection of water services must be performed by a licensed tradesperson.
• Disconnection of Gas - All disconnection of gas services must be performed by a licensed tradesperson.
• Disconnection of Refrigerant Lines and Removal of Refrigerant Gases - All disconnection of refrigerant lines and removal of gases must be performed by persons possessing a current Refrigerant Handling Licence and have the required authorisations to store/sell refrigerant gases.
• Compressed Air - Compressed air must only be used for the purpose for which it is installed. Under no circumstances should compressed air be used for cleaning yourself down or other people; and never direct high pressure compressed air at other people. In addition to the risk of disturbed material getting into the eyes there is the possibility that air may be injected into the blood stream which can ultimately lead to death. The appropriate personal protective equipment (PPE) must be worn when working with compressed air.
• Residual Waste - For assets that are deemed too risky to remove/relocate without the disposal of internal residual waste (including hydraulic/black water/by product/hazardous waste), a licensed waste disposal contractor is required to decontaminate the assets prior to removal or transport.

For an obligation free appraisal and quote or to learn more about selling at Grays, please visit SELL AT GRAYS

• 2M+ Registered Users
• 1M+ Unique Visitors Per Month
• National Marketplace
• 24 Hour Bidding

• Grays will require masks to be worn whilst onsite at all times.
• Grays will require social distancing standards to be followed by employees and members of the public.
• Grays staff are not permitted to handle customers devices or stationery.
• Grays staff may ask you to wait outside a premises to ensure people numbers do not exceed social distancing requirements.
• Please maintain a distance of 2 metres between yourself and other people when on site.
• Grays will not be supplying customers with Hi-Vis vests.
• Grays staff may ask you to leave site should you display any flu like symptoms.

Grays advises all buyers that all plant offered for sale at auction may not be fit for use in a workplace. Grays will provide:

• Safety information relating to the condition of the item of plant for sale (Plant Hazard Reports)
• Clear identification and marking to identify that the plant item is only suitable for scrap or spare parts.
• Site Access, PPE and Removal of Plant requirements are listed under the Inspection and Collection Headings.

Please note:

• Enclosed footwear must be worn at all times when inspecting or collecting goods.
• Persons under the age of 16 years will not be permitted onsite.
• Tradespeople eg; electricians, plumbers etc will be required to produce the relevant licence before commencing work on site.
• Riggers, Forklift and Crane Drivers etc will be required to produce the relevant license before commencing work on site.
• Contractors engaged to move plant and equipment must have the correct competency for the plant and equipment being transported. It is the buyer’s responsibility to ensure transport contractors collecting on their behalf have the appropriate licence and are competent to operate equipment for loading purposes.
• It is a condition of entry to site that all visitors comply with any directions given by Grays staff or their representatives.
• Work carried out on this site must be completed in a manner compliant with all Work Health & Safety legislation.
• All power tools and equipment used on site must be tested (tagged) safe for use in accordance with AS/NZS 3760 service testing and inspection of electrical equipment.
• Grays or their representatives will specify, based on the hazards present on the site, the mandatory personal protective equipment required to be worn prior to approval being given for entry to the site. (eg; safety footwear, safety eyewear, hard hats etc).
• The use of certified equipment, harnesses, work platforms etc will be required for any work carried out above 1.8 metres.

Note: Dismantling/Decommissioning of some assets in this sale may require a satisfactory Safe Work Method Statement prior to any work taking place onsite.

Please see example Safe Work Method Statement below:

The DIY signage attached is in relation to non-prescribed electrical equipment purchased. All electrical work must be performed by a licensed electrical contractor or licensed electrical worker.

Examples:

• Fixed-wired electrical equipment, such as air conditioners, stoves, ovens, electric hot water systems, ceiling fans, light fittings
• Electrical accessories, such as socket outlets, light switches, electrical cable, wall switches, plugs and cord extension sockets
• Electrical parts, such as electrical motors, switches, solenoids, elements

If you have not purchased electrical tools and equipment in this auction disregard this notice.

Electrical Power Tools and Equipment (including electrical leads)

The electrical articles in this auction have not been proved to be electrically safe.

• The electrical articles have not been tested by a qualified electrical worker and have not been proved to be electrically safe.

General advice on how to use second-hand electrical power tools and equipment (including electrical leads) safely.

• General safe use advice for electrical power tools and equipment etc. intended for use with rated voltage of not more than 250V for single phase appliances and 480V for other appliances. This advice is not intended to replace specific manufacturer's information but can be used as a general guide. This advice does not cater for young children or people who are physically weak.

You are urged to:

• Use the power tool only for its intended purpose.
• If the power tool is for indoor use only, do not use outdoors.
• Do not immerse the power tool in water unless it is designed for this purpose.
• Keep hands, fingers, feet, toes and hair away from dangerous moving parts, cutting blades and the like.
• Do not use electrical power tools in the rain.
• Make sure you have dry hands when operating an electrical power tool.
• Do not use a damaged power tool.
• A power tool may not be intended for use by children or people with an illness or disability without supervision.
• Young children should not be allowed to play with the power tool.
• Some power tools require special precautions for installation or user maintenance or both.
• The plug must be removed from the socket-outlet before any cleaning or maintenance is done.
• Do not place cord extension sockets or portable power outlet boards where they may be splashed or where moisture may get in.
• Ensure ventilation holes or outlets are not blocked or partially obstructed.
• If a fixed power tool does not have a supply cord and plug or other means for disconnection from the supply, a means for disconnection must be incorporated into the fixed wiring according to the Wiring Rules.
• If the supply cord or plug is damaged, the manufacturer or its service agent or a similarly qualified person must replace the cord to prevent an accident.
• Power tools with specially prepared cords must be replaced by a special cord or assembly available from the manufacturer or its service agent.
• Other power tools that have a supply cord that cannot be replaced, should be scrapped.
• The power tool should be maintained in order to ensure a long, useful life and to protect the operator against electric shock or mechanical mishaps.
• A safety switch can enhance electrical safety when using electrical power tools.