THORNTON AUCTIONS LTD
Terms & Conditions
Effective 1 October 2026
CONDITIONS OF SALE

1. Registration Requirements
1.1 Bidders are required to supply their full name, contact email address, contact phone number, and residential address at the time of registering to bid. They may also be required to register a valid payment method and/or photo ID.
1.2 Photo ID may be required at registration or collection of items purchased at auction or when called upon to do so by the auctioneer.
1.3 All sales not paid for within the timeframe specified will be processed against the buyer's nominated credit card, debit card, or other payment method held on file.
1.4 Where an auction has not specified a payment timeframe, payment shall be due within three (3) calendar days of auction closing.

2. Communications
By accepting these Terms and Conditions, you agree that Thornton Auctions Ltd may use your contact details to communicate with you.

3. Condition of Goods
You acknowledge that there may be variations in, but not limited to, quality, performance, and condition from an as new or store bought item.

4. No Warranties
All goods are presented without warranties or guarantees except to the extent that such warranties or guarantees cannot be excluded by law.

5. Sale of Goods Act
The Sale of Goods Act does not apply to auctions unless specifically referenced by law.

6. No Refunds or Exchanges
Except where required by applicable law, there are no refunds, exchanges or cancellations. Please bid with this in mind.

7. Due Diligence
You accept that you will perform your own research and due diligence. Thornton Auctions will facilitate, as best as reasonably practicable, your ability to inspect and review goods, conduct reasonable testing and seek clarification prior to bidding.

8. Electronic Devices
Thornton Auctions is not liable for any electronic devices that may be locked, blocked, blacklisted, restricted or otherwise not in full operation.

9. Descriptions, Images and Omissions
9.1 Thornton Auctions has prepared descriptions, images and information in good faith based on information available at the time.
9.2 To the maximum extent permitted by law, Thornton Auctions shall not be liable for inaccuracies, omissions or errors in descriptions, images or information provided in relation to any lot.

10. Additional Information
Additional information discovered during the auction sale process may be communicated through appropriate channels.

11. Agency Capacity
Except where expressly stated otherwise, Thornton Auctions acts solely as auctioneer and agent for the vendor and is not the owner of the goods being sold.

BUYER'S PREMIUM

11.1 A Buyer's Premium of 17% plus GST is applicable per lot on the hammer price unless otherwise specified.
11.2 Thornton Auctions reserves the right to vary the Buyer's Premium where disclosed.

PAYMENT TERMS

12. Any transaction fees, merchant fees, convenience fees or surcharges imposed by payment providers may be passed directly to the purchaser.

13. Upon placing a successful bid, the purchaser enters into a legally binding contract and agrees to pay the hammer price, Buyer's Premium, GST and all applicable fees and charges.
13.2 Payment must be received within three (3) calendar days of auction closing.
13.3 Thornton Auctions reserves the right to charge any payment method held on file for amounts owing.

14. Late Payment Fee: $25.00 plus GST per invoice.

15. Interest may be charged at 2% per month calculated daily.

16.1 Debt collection, tracing, legal and enforcement costs are payable by the purchaser and may be added to monies owing.
16.2 Thornton Auctions may charge a Re-listing/Re-stocking Fee where a purchaser fails to complete a purchase, fails to make payment, abandons goods, repudiates a contract of sale, or otherwise defaults under these Terms.
16.3 The Re-listing/Re-stocking Fee shall be calculated in accordance with the Fees & Charges Schedule and shall be recoverable as a debt due.

17. The purchaser shall be deemed to purchase as the principal user and neither Thornton Auctions nor the vendor shall be liable for any warranties, representations or guarantees except to the extent required by law.

AUCTIONEER RIGHTS

18. The auctioneer and vendor reserve the right to amend or remove lots.

19. The auctioneer reserves the right to refuse bids.

20. The auctioneer reserves the right to refuse admission to or eject any person.

21. Vendor Bids
21.1 The auctioneer reserves the right to place vendor bids on behalf of the vendor where a reserve price has not been met.
21.2 The vendor or any person or agent acting on the vendor's behalf reserves the right to bid at the auction in respect of any lot.
21.3 The vendor acknowledges that for any successful bid placed by the vendor or the vendor's agent, the vendor shall remain liable for all applicable commissions, fees and charges.

HEALTH & SAFETY

22.1 The purchaser acknowledges that plant, machinery, equipment or other goods offered for sale may not be fit for immediate operational use and may require inspection, maintenance, certification, repair or modification prior to use.

22.2 The purchaser is responsible for ensuring compliance with the Health and Safety at Work Act 2015 and all applicable regulations.

ALCOHOL SALES

23. No alcohol may be purchased, supplied or distributed to anyone under 18 years of age. Proof of age may be required.

ONLINE AUCTION TECHNOLOGY DISCLAIMER

24.1 Under no circumstances shall a bidder have any claim arising from internet or technology failures.

24.2 Bidders are encouraged to utilise maximum bid functionality.

24.3 Thornton Auctions may pause, restart, extend or amend auctions affected by technology failures.

COLLECTION OF PURCHASED GOODS

25.1 All goods must be paid for in full prior to removal.
25.2 No purchaser shall be entitled to remove, take possession of, or direct delivery of any goods until all monies owing in respect of those goods have been paid in full and cleared funds have been received.
25.3 Unless otherwise specified, all goods must be collected within seven (7) calendar days of auction closing.
25.4 Purchasers must provide all labour, tools, transport, lifting equipment and packaging required.
25.5 Specialist removal work must be undertaken by suitably qualified persons at the purchaser's expense.
25.6 The purchaser shall make good any damage caused during removal.
25.7 Purchasers unable to collect within the collection period should notify Thornton Auctions in writing.
25.8 Risk passes immediately upon the fall of the hammer.
25.9 Goods remaining onsite do so entirely at the purchaser's risk.
25.10 Thornton Auctions accepts no liability for theft, loss, damage, deterioration, weather exposure, vandalism or destruction of goods remaining onsite.

LATE COLLECTION

26.1 Failure to collect goods within the prescribed collection period constitutes a breach.
26.2 Thornton Auctions may charge a Late Collection Fee having regard to quantity of goods, space occupied, handling requirements, relocation requirements and additional administration incurred.
26.3 Minimum Late Collection Fee is $25.00 plus GST per week or part thereof.
26.4 The purchaser remains liable for all reasonable costs arising from failure to collect.

ABANDONMENT OF UNCOLLECTED GOODS

27.1 Time is of the essence.
27.2 Failure to collect goods within the prescribed collection period shall constitute abandonment for the purposes of these Terms.
27.3 Thornton Auctions is not a storage provider and does not provide ongoing storage services.
27.4 Delay in exercising rights shall not constitute a waiver.

UNCOLLECTED GOODS

28.1 Where goods remain uncollected for fourteen (14) days following expiry of the collection period, Thornton Auctions may after reasonable contact attempts remove, relocate, resell, dispose of or otherwise deal with the goods.
28.2 Reasonable contact attempts include email, SMS, telephone calls, auction platform notifications or other supplied contact methods.
28.3 Thornton Auctions shall not be liable for loss, damage, depreciation or consequential loss arising from these actions to the extent permitted by law.
28.4 Sale proceeds may be applied towards Late Collection Fees, administration costs, handling costs, transport costs, relocation costs, legal costs, debt recovery costs and outstanding monies owing.
28.5 Any shortfall remains payable by the purchaser.
28.6 Any surplus shall be dealt with in accordance with applicable law.

NO WAIVER

29.1 Any extension of payment or collection timeframes shall not create any entitlement to future extensions.
29.2 Thornton Auctions reserves the right to strictly enforce these Terms.

SEVERABILITY

30.1 If any provision of these Terms is held to be invalid, unlawful or unenforceable, that provision shall be severed and the remainder of these Terms shall remain in full force and effect.

GOVERNING LAW

31.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of New Zealand.
31.2 The parties submit to the exclusive jurisdiction of the courts of New Zealand.

FEES & CHARGES SCHEDULE

Local Delivery (within 20km): POA, guide up to $50 per box/item.
Greater Auckland Delivery (within 50km): POA, guide up to $75 per box/item.
NZ / International Delivery: POA.
Late Payment Fee: $25.00 plus GST per invoice.
Interest: 2% per month calculated daily.
Late Collection Fee: Minimum $25.00 plus GST per week or part thereof.
Re-list/Re-stocking Fee: 50% of resale price achieved, minimum $25 plus GST.
Oncharged Merchant Fees: Credit/Debit/PayWave at cost; PayPal at cost.