| 1.
Membership eligibility
1.1
You may only participate in an Online
Auction if you are a Registered User
Member and the Account Manager has provided you with
the appropriate authorisation.
1.2
Your membership may be suspended by BSL, at any time and
without notice, in the event of a breach of any term or
condition of this Agreement or any other obligation placed
on you by BSL, including those related to the ordering,
payment and delivery of BSL products or services.
1.3
If you are registered as a business or corporate entity,
you represent that you have the authority to bind that entity
to this Agreement.
2.
Access charges
2.1
BSL does not charge any fees for access to the Online Auction.
Bidding for items on the Site is also free of charge.
3.
Auction
3.1
The Online Auction is run as a blind auction. This means
bids can only be viewed by BSL and by the bidding Member.
You cannot view the bids placed by any other Member in relation
to any Auction Item.
3.2
Online Auction dates, times and Auction Items will be published
on the Site, as and when Surplus
Stock list becomes available for auction (usually on
a weekly basis). On the days of auction, the Online Auction
will be open at 12 noon (AEST) Friday and will close 12
noon (AEST), the following Wednesday (the Allotted
Time). BSL reserves the right to vary the Allotted Time
without notice. During Allotted Time you may place a bid
on any Auction Item listed for your company on the Site.
Any bids placed outside of the Allotted Time will not be
considered by BSL. BSL will not be liable for any loss suffered
by you, resulting directly or indirectly from any bids not
received by BSL within the Allotted Time (whether or not
resulting from any error, omission or fault of BSL, including
any computer malfunction).
3.3
Subject to clause 4, if you are the highest bidder of an
Auction Item you will be entitled to purchase the Auction
Item for your bid price plus GST (Bid prices are in Australian
Dollars Per Metric Tonne, excluding GST). Your auction results
will be posted on the Site within 24 hours of acceptance
of a bid. The successful bidder becomes obliged to complete
the transaction with BSL as at the time and date of the
results of the auction being posted.
3.4
An auction may be cancelled at any time at the discretion
of BSL. If an auction is cancelled, you will be notified
of the cancellation via e-mail. BSL will not be liable for
any loss suffered by you, resulting directly or indirectly
from the cancellation of any Online Auction.
4.
Auction Items
4.1
BSL will only auction Prime Surplus
Stock.
4.2
While BSL has used its best efforts to ensure that the Auction
Items are accurately described, and are available for
purchase and delivery, in the quantities and to the dimensions
specified, you acknowledge and accept that the Auction Items:
(a)
Are provided on an “as is” basis.
(b) May not include a Test Certificate.
(c) May not be branded.
(d) May not be accurately identified or described on the
Site
(e) May not be available for your purchase and/or delivery
to you, in particular where
1. A Higher Priority
Order is received for the Surplus Stock Auction
item. You acknowledge and accept that Auction Items
may be withdrawn or recalled from auction by BSL to
meet such higher priority orders.
2. Your membership rights are, (or if you are, in BSL’s
opinion likely to become) suspended.
4.3
BSL makes no representation that the Auction Items will
meet your requirements or specifications (including quantity,
grade and dimensions requirements).
4.4
In the event that you placed a successful bid for an Auction
Item and the Auction Item is either withdrawn or recalled,
you will not be supplied the Auctioned Item and BSL’s
liability will be limited to: Replacement of the Auction
Item, within a reasonable time, with comparable goods at
the Bid Price
(unless in the circumstances that the withdrawn/recalled
item was supplied to the successful bidder as a Higher Priority
Order), provided that such goods constitute Surplus Stock.
5.
Prices
5.1
The Online Auction provides a unique market for selling
Surplus Stock. You acknowledge and accept that any prices
obtained by you for Auction Items through a successful bid
on the Online Auction is a once-off price for the specific
Auction Item for the quantities of that item specified on
the Site. All other orders, which you place with BSL, will
be charged at your List Price
for the same or comparable BSL products.
5.2
The price obtained by you in relation to an Auction Item
is to remain confidential and must not be disclosed to any
other BSL Customers without the
express permission of BSL’s Representative.
5.3
A Reserve Price may be set for specific
Auction Items. You will be notified if your bid meets the
Reserve Price. If the Reserve Price is not reached, BSL
may remove the Auction Item from auction or otherwise accept
one of the bids placed for the Auction Item.
6.
Bidding process
6.1
You acknowledge that all bids are placed in Australian dollars
on a per metric tonne / FIS basis (excluding GST).
6.2
In relation to each bid there is a Default Order Number
allocated to you or you can nominate your own at the time
of bidding.
6.3
You may only vary or withdraw your bid at any time during
the Allotted Time and at no other time. If you are the highest
bidder at the close of the auction or your bid is otherwise
accepted by BSL, you must complete the transaction with
BSL. If more than one Member provides the same bid (as calculated
post adjustment for freight and associated costs of delivery)
the transaction will be awarded to the Member who placed
the bid at the earlier recorded time.
6.4
By bidding on an Auction Item you agree to be bound by
1.
The Website Terms
and Conditions of Use
2. The Online
Terms and Conditions of Sale
3. The Auction Rules and all other payment terms and conditions
applicable to you.
7.
Delivery of Auction Items
7.1
Auction Items purchased by you are subject to the delivery
performance conditions applicable to normal BSL domestic
sales and delivery on the following terms:
(a)
One (1) week Lead-Time for deliveries
within the State listed as the location of the Auction Item.
If the destination of the surplus item is not in the State
where the item is located, then the auction system calculates
one week, plus the standard lead-time parameter for the
customer destination.
(b)
You need to be aware that orders can be delivered earlier
than the delivery week at BSL’s discretion on a WAED
(Will Accept Early Delivery) basis.
8.
Penalties for breach of Auction Rules
8.1 Without limiting BSL’s other remedies under this
Agreement or under the law, BSL may temporarily or indefinitely
suspend or terminate your membership, immediately remove
any of your bids, withdraw or recall an Auction Item in
relation to which you have made a bid or deny you access
to the Site if:
(a) You breach any of the terms or conditions contained
in the Auction Rules or any other document incorporated
by reference,
(b) BSL is unable to verify or authenticate any information
provided by you or such information is inaccurate or incomplete,
or
(c) BSL holds a reasonable belief that your actions may
cause BSL significant financial loss or give rise to legal
liability for BSL or other registered Members.
9.
Warranties
9.1 Without limiting clause 4, and except as otherwise provided
to the contrary in this Agreement, all conditions and warranties
(including in relation to quality, performance or fitness
for a particular purpose) implied by law (other than those
that cannot be excluded by agreement) are excluded.
9.2 If any law which cannot be excluded by agreement implies
into this Agreement any condition or warranty, BSL’s
liability for breach of any such condition or warranty shall
be limited, at the option of BSL, to any one or more of
the following:
(a) If the breach relates to goods, the replacement or
the cost of replacing the goods (but subject to clause
4.4, and
(b) If the breach relates to services, the supplying of
the services again or the cost of supplying the services
again.
9.3 Except to the extent expressly provided for in this
Agreement, BSL shall not be liable to you in respect of:
(a) Any loss, damage or injury (including without limitation
any loss of profit, occurrence of any liability, indirect
or consequential loss, damage or injury or loss of opportunity)
arising from the non-supply, supply or use of any or all
the Auction Items (whether or not resulting from any defect,
failure or other deficiency of the Online Auction or act
or omission of BSL), use of the Site or the Online Auction
(however rising, including BSL’s negligence); and
(b) Any defect, failure or other deficiency in the Auction
Items or the performance of the Auction Item or Items
in conjunction with any equipment or materials applied
by you.
10
Customer Feedback
10.1 If at any time, you would like to discuss with BSL
how the Online Auction can be improved or if you have a
complaint related to the Auction, you are invited to telephone
BSL’s customer help line on 1800 222 031 or contact
your Account Manager. BSL will investigate any complaint
promptly and take reasonable steps to resolve the problem.
10.2 If the problem cannot be resolved, you agree to enter
into mediation, or some other form of alternative dispute
resolution, before commencing legal proceedings.
10.3 In the event of a dispute, BSL may suspend the provision
of any services or products to you until such time as the
dispute is resolved. Suspension of any services or products
will not affect your obligation to pay BSL for services
rendered or products delivered up to the date of the suspension.
11
General
11.1 By placing a bid you are representing to us that you
are an authorised representative of the company and that
you accept this Agreement.
11.2 You must not interfere or attempt to interfere with
the proper working of the Site or any activities conducted
on the Site, including the Online Auction.
11.3 You must comply and hereby represent to us that you
comply with all applicable domestic and international laws,
statutes, ordinances and regulations regarding your use
of and participation in the Online Auction.
11.4 BSL does not guarantee continuous, uninterrupted or
secure access to the Site.
11.5 If any term or condition of this Agreement is held
to be invalid or unenforceable, such provision shall be
excluded from the Agreement and the remaining provisions
shall remain.
11.6 No variation to this Agreement will be valid unless
confirmed in writing by authorised signatories of both parties.
11.7 No agency, partnership, joint venture or franchiser-franchisee
relationship is intended or created by this Agreement.
11.8 This Agreement is governed by and construed in accordance
with the laws of the State of New South Wales.
Definitions:
Agreement
means these Auction Rules and any schedules and attachments
referred to therein.
Allotted
Time means the time and date the auction is open
for bidding until the auction is closed to bidding.
Auction
Items means any BSL supplied products listed on the
Site, as available for purchase through the Online Auction
and constitutes Surplus Stock, or such other products, and
in such quantities as specified or modified by BSL, in its
absolute discretion, from time to time.
Bid
Price means the price to be paid by the successful
bidder for the Auction Items.
BSL
means BlueScope Steel Limited and includes all employees,
contractors, subcontractors, officers, directors and related
bodies corporate (as defined under section 50 of the Corporations
Act 2001).
BSL
Customers means any entities supplied products or
services by BSL from time to time, and include the User Members.
BSL
Representative means your Account Manager or such
other person nominated by BSL from time to time.
Delivery
–As described in our Online Terms and Conditions of
Sale (Ordering and Delivery)
FIS
– As described in the Online Terms and Conditions of
Sale
Higher
Priority Order means any order placed by a BSL Customer
under which the Customer List Price or a price higher than
the Bid Price is to be paid and includes all orders placed
with BSL for Mill Cycle Products.
Lead
Time means the time that is taken to deliver the
Auction Item from BSL to the Customers delivery address
List
Price means the price paid or to be paid by a BSL
Customer for Mill Cycle Products.
Mill
Cycle Products – As described in the Online
Terms and Conditions of Sale
Online
Auction means the auction service provided by BSL
to its Members through the Site.
Prime
Means Coil or Sheet product produced to an Australian
Standard
Registered
User Member means a Registered Member who is a user,
that has been registered and has had customer access confirmed
by BlueScope Steel. The user must have completed the bluescopesteelconnect.com
Customer Access Authorisation Form. Completing this form entails
two authorisations:
1.
The user's company authorisation
2. BlueScope Steel authorisation
Reserve
Price is a pre-determined, recommended, minimum price
level for each Auction Item. Reserve Prices are subject to
constant change at BSL’s sole discretion.
Site
means the BSL website located at the URL www.bluescopesteelconnect.com.
Surplus
Stock means any additional stock produced by BSL
that was not allocated to a customer specific Mill Cycle or
Stock order.
You
means the person, company or entity and any related entity,
that is a BSL Customer authorised to access and participate
in the Online Auction; your has the corresponding meaning.
Will
Accept Early Delivery (WAED) is an endorsement on
the order that means that the customer agrees to accept delivery
of the order or part order in a week that is earlier than
the acknowledged delivery week.
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