Terms and conditions for the use of the The Relocatable House Co.’s auction website
1.1 ‘we’, ‘us’ and ‘our’ are a reference to BRC Trustee Limited trading as The Relocatable House Co. (TRHCo.);
1.2 ‘you’ and ‘your’ are a reference to the user of this website including any entity which you represent including your agents, directors, employees and contractors so far as applicable;
1.3 ‘House for relocation’, means second hand dwellings or new built transportable homes or parts or homes for relocation that may be bought or sold through this website;
1.4 ‘Member’ means a registered member of this Website;
1.5 ‘Website’ means any website operated by us;
1.6 ‘Listing’ means a listing on the Website for the sale or purchase of any House for relocation;
1.7 ‘Seller’ includes any person placing a listing.
2 Acceptance of terms
2.1 By registering or using this Website you agree to be bound by these terms and conditions or any amended terms and conditions which we may impose from time to time without further notice to you other than publication on this page of this Website.
2.2 These terms and conditions were last reviewed on 09 June 2020.
3 Parties to the sale and purchase of relocatable homes
3.1 We provide a medium which enables buyers and sellers to agree a price and other terms and conditions for the sale and purchase of a House for relocation. If a bid is accepted by a Seller, a Sale & Purchase Agreement will be signed between the Buyer and the Seller, facilitated by us. Even though the services are being referred to as an auction, TRHCo. is not an auctioneer (whether under the Auctioneers Act 1928 or otherwise).
4 Use at you own risk
4.1 While we will take action when we become aware of any breach of these term and conditions, you use this Website at your own risk. You release us from all liability arising from the misuse of Members or where false, misleading or incorrect information has been provided to us for inclusion on the website. You also release us from any liability for incorrect statement which are inadvertently included on this Website, whether such statement was provided by a seller or was made as a result of human error. This does not prevent you taking action against the other party.
4.2 In the provision of information we act solely as a conduit and make no representation that the information is correct. You rely on the information on this Website at your own risk and should undertake your own due diligence to confirm any matters of significance to you.
4.3 If we become aware of a Member who is violating these terms and conditions we may take action up to and including summarily preventing access to the Website.
5 Operation of this Website
5.1 You acknowledge that we have no obligation to you to offer the uninterrupted use of this Website and we may refuse you access for any reason in our sole discretion. We may also remove listings and bids placed on the Website where there is or may be a breach of these terms and conditions or where it is otherwise necessary, in our sole discretion, to do so.
6 Membership and ability to bid on auctions
6.1 Any person who is able to form a contract (e.g over 18 years old, of sound mind and is not an undischarged bankrupt) may become a member of this Website.
6.2 All information you provide must be accurate and if your information becomes incorrect you must notify us immediately (e.g. you move or your phone number/email address changes).
6.3 You may only register as a Member once unless we approve your subsequent registration. Such approval is likely to be given where a further membership is for you acting in a different capacity (e.g. one personal membership and one on behalf of a company). You will not disclose your membership login details to any third party and if you do disclose your membership login details in breach of this requirement then you are responsible for all actions taken by any person using your login credentials.
6.4 Your membership of this Website may be revoked by us at any time for any reason.
7 Contacting you and your information
7.1 You acknowledge that we may contact you from time to time about your membership (e.g. to confirm your details) or to provide you with information relating to listings on our Website or other services. You can opt out of any promotional information at any time.
7.2 You agree that we may use your personal information to assist us to provide our service to you, for research purposes, to verify your identity, to enforce or apply our terms and conditions, to protect our rights, property, or safety and of our users.
7.3 We will not sell or allow third parties to access your personal information without your consent.
8.1 You must not take any action which may interfere with the operation of this Website.
8.2 You must not take any steps to complete a transaction outside of this Website for the purposes of avoiding our fees or being a party to the avoidance of our fees. In such cases we reserve the right to bring a claim against you for any loss that we suffer including and in the event that we are successful in such a claim you shall be liable for all legal costs and or other disbursements incurred by us.
As a seller
8.3 When you instruct us to list a house for relocation for auction on this Website you should do so with the intention of selling this house for relocation through the site. Therefore you should not advertise your house for relocation through another forum. If you request us to remove a listing for an auction you will incur a non-refundable withdrawal fee, regardless of the reason.
8.4 You must not manipulate prices through ghost-bidding or assuming multiple roles in a single transaction whether this is undertaken by you personally or any other person for your benefit.
8.5 For auctions, the House for relocation will be sold to the highest bidder if the reserve price is met.
8.6 You agree to us contacting the buyer on your behalf when the auction closes.
As a buyer
8.7 If you make a bid, it must be made in good faith and you must have the ability to complete the transaction if your bid is the successful bid.
8.8 You may not bid on any auction for any purpose other than as a purchaser in good faith. You may not be a party to any process which could have the result of artificially increasing the price.
8.9 You agree to us proving your details to the seller for completion of the transaction.
9.1 We may request you provide a testimonial about the Service provided by us and the way the Website is managed.
9.2 On giving feedback or by completing customer satisfaction surveys you agree to us publishing it on our Website, or in other marketing material.
9.3 If you do not wish for your feedback/testimonials/survey results to be used by us, please email email@example.com.
10.1 You agree to meet the fees as set out on the Website. In the event that any fee is unpaid for a period of 7 days from its due date or is dishonoured for any reason then you agree to make immediate payment and in the event that you do not then We may charge you interest at a rate of 2% per month, compounding on the first day of each month. In the event that we incur costs (legal or otherwise) in recovering any unpaid or dishonoured amounts then we are entitled to add such costs to the amount you must pay.
11 Other terms
11.1 Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
11.2 Governing Law: These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
11.3 Intellectual property rights: We own all intellectual property rights in the Website and the software and other material underlying and forming part of the Website.
11.4 You may not without our prior written permission, in any form or by any means:
11.5 Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or commercialise, copy, or on-sell any information, or items obtained from any part of this Website.
11.6 Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.