Bud RV Pty Ltd (ACN 600 544 321) trading as Sundowner RV

When You apply to register as a Bidder at a Sundowner Auction Sale, You are representing to Sundowner and agreeing to the following Terms and Conditions. You should ensure You have read these Terms and Conditions prior to registering and making any Bid at a Sundowner Auction Sale. If You Bid or purchase at any Sundowner Auction Sale, Your participation in the Sundowner Auction Sale is subject to these Terms and Conditions.

1. GENERAL
   • By submitting an Application to become a Registered Bidder, accessing the Online System, logging into the Website, or engaging in any Sales, Auctions, or other transactions with Sundowner, You confirm, represent, warrant and guarantee that:

• You have read and fully understood these Terms and Conditions, and agree to be bound by them;
• You have the necessary authority to submit any information provided to Sundowner;
• You are fully authorised to represent and act on behalf of any individual or entity You claim to represent, including any Registered Bidder specified in Your Application;
• By providing information to Sundowner, You are not violating any confidentiality obligations or any applicable laws relating to privacy of Personal Information; and
• All information supplied by You to Sundowner is accurate, complete, and truthful.

2. REGISTERING AS A BIDDER
   • Participation or bidding in any Sale is prohibited unless You are a Registered Bidder, as outlined in clause 2.2 of these Terms and Conditions.
   • To participate in Sales, You may apply to Sundowner to become a Registered Bidder by completing the free online application form ("Online Application"). If You encounter issues with online bidding, You can contact Sundowner directly at 03 8373 4963.
   • Sundowner retains the sole discretion to approve or decline any Application and will notify You of its decision. Upon approval, You will be classified as a Registered Bidder under these Terms and Conditions.
   • By submitting an Application, You represent and warrant that:

• the information You provide in Your Application, including Your identity and contact details, is accurate and truthful;
• You are at least 18 years of age;
• You are financially responsible for your use of the Auction Portal;
• You have the authority to bind the entity or individuals being registered as a bidder under the Application; and
• Your Application does not contain any false or misleading information.
  • Should You fail to comply with any of these Terms and Conditions, Sundowner has the right to recover from You all costs, fees, and charges reasonably incurred in relation to any Sale impacted by Your non-compliance. Such amounts must be paid upon demand.
  • You acknowledge that You have read and understood these Terms and Conditions and confirm that if You are successful as a Bidder in any Auction, You understand that a contract has been formed by Your offer (Bid) and Sundowner's acceptance and are therefore legally obligated to purchase the Items You have Bid for, in line with these Terms and Conditions and any special conditions announced prior to the Auction.

3. ONLINE PORTAL
   • Sundowner authorises access to the Website and the Online Portal exclusively to enable You, as a Registered Bidder, to participate in Sales. Your access to, and utilisation of, the Website and the Online Portal are strictly governed by Your agreement to these Terms and Conditions. By applying to become a Registered Bidder under clause 2.2 or by accessing the Website and Online Portal, You unequivocally represent and warrant that:

• You have thoroughly reviewed, to the best of Your knowledge and capability, all relevant information concerning the risks, contingencies, and operational aspects of the Website and Online Portal; and
• You have sought resolution of any uncertainties or inquiries regarding the Website or Online Portal by directing such matters to Sundowner on 03 8373 4963.
  • Where Sundowner assigns You (or an authorised individual) a login and/or password to access the Online Portal, You acknowledge and agree to the following:
• The login and password are intended solely for the exclusive use of the Registered Bidder, whether an entity or individual.
• You shall maintain the confidentiality of Your login and password at all times.
• You shall not disclose or share Your login credentials with any other person.
• Should Sundowner grant login access to another individual upon Your request, You will ensure that the individual complies fully with these Terms and Conditions, including all obligations outlined in clause 3.2(a)–(g).
• You accept full liability for all actions performed under Your login credentials, regardless of whether such actions were authorised by You, and indemnify Sundowner against any and all expenses, losses, damages, costs, or liabilities incurred because of the use (including unauthorised use) of Your login credentials, except in cases arising from Sundowner's negligence.
• Your access to the Website and Online Portal shall be strictly for legitimate and lawful purposes in accordance with these Terms and Conditions, and You will adhere to any instructions or guidelines provided by Sundowner.
• Sundowner retains the absolute discretion to revoke, suspend, or restrict Your access to the Website or Online Portal at any time and without providing prior notice or justification.
• You will ensure that the Website or Online Portal is not left open whilst Your computer is unattended by You.
  • You undertake not to, and will not attempt to:
• Utilise unauthorised automated tools, such as bots or scraping software, to engage with the Website or Online Portal.
• Interfere with or disrupt the functionality, performance, security or operations, servers, or networks associated with the Website or Online Portal, or impose an excessive burden on its infrastructure, as reasonably determined by Sundowner.
• Extract data or utilise information from the Website or Online Portal through unauthorised methods.
• Use the Website or Online Portal in a manner that violates the intellectual property rights or other legal rights of Sundowner or any third party.
• Use the Website or Online Portal to upload, post, transmit, or otherwise distribute any harmful, unlawful, or inappropriate material, including but not limited to malware, spam, or offensive content.
• Copy, reverse engineer, decompile, or otherwise attempt to access the underlying code of the Website or Online Portal or circumvent any access control measures.
• Transmit or send any code, programs, or scripts that are harmful, illegal, or intended to disrupt, including but not limited to viruses, spyware, or malware, to the Website, Online Portal, or Sundowner's designated recipients.
• Frame or link to the Website or Online Portal in a manner that creates a misleading association or implies endorsement by Sundowner, without obtaining Sundowner's express written permission.
  • Sundowner disclaims any representation or warranty regarding the availability or accessibility of the Online Portal, including its availability at all times, at any specific time, during the entirety of any Sale Process, or at any time whatsoever.
  • If the Online Portal experiences interruptions for any reason during a Sale Process, whether due to suspension by Sundowner or otherwise, Sundowner, at its sole discretion, may declare the Sale Process void and restart the Sale from the beginning.
  • Sundowner may suspend access to the Online Portal at any time, at its discretion. Sundowner will make reasonable efforts, where feasible, to provide advance notice of the timing and duration of any suspension of the Online Portal. However, Sundowner does not guarantee that such notice will be provided on every occasion, on any specific occasion, or at all.
  • If You make use of the Online Portal, whether for You or another person, You acknowledge and warrant to Sundowner that:
    • You affirm and warrant that You have the lawful authority to conduct the transactions You undertake; and
    • You agree to ensure full compliance with these Terms and Conditions and accept responsibility for all costs, fees, charges, and other amounts that may arise or become payable to Sundowner or any other party because of Your use of the Online Portal.

4. CONDUCT OF AUCTION
   • By submitting a Bid at an Auction, the Bidder accepts and agrees to be bound by these Terms and Conditions and any special conditions stipulated by the Auctioneer prior to the commencement of the Auction.
   • All bidders are required to be at least 18 years of age.
   • Registered Bidders may submit Bids for Items offered for Sale during the auction period Sale Process by using the Online Portal. This is performed on this Website by submitting a Bid.
   • Each Bid constitutes a binding and irrevocable offer by the Bidder to purchase the Item at the specified price, subject to acceptance or rejection by Sundowner at its discretion. Once submitted, a Bid cannot be withdrawn and remains available for acceptance by Sundowner until the Sale Process concludes, regardless of any subsequent higher Bid. By placing a Bid, You acknowledge and agree that You are entering into a legally enforceable contract, and if declared the successful Bidder, You will fulfil Your obligations to pay for and collect the Item within the stipulated timeframe.
   • The Bidder represents and warrants that any placed Bid constitutes a genuine and bona fide offer to purchase the Item at the stated price.
   • All Bids must be made in good faith and without any collusion or arrangement with third parties, including but not limited to, disclosing intended Bids, attempting to influence the Sale Process, or engaging in any conduct that contravenes Part IV of the Competition and Consumer Act 2010 (Cth). Should Sundowner become aware of any form of collusive behaviour by a Bidder, the Bidder's participation in the Auction or Sale Process may be revoked. Additionally, where a Bid has already been accepted, Sundowner retains the authority to terminate any associated contracts arising from such Bid.
   • At the sole discretion of the Auctioneer, the highest bidder who complies with these Terms and Conditions, as well as any additional terms set by the Auctioneer, will be deemed the purchaser of the Item. In the event that two online Bidders submit identical Bids, the Item will be awarded to the Bidder who placed their Bid first. If a dispute arises regarding the purchaser of an Item, Sundowner, at its sole discretion, may re-auction or resell the Item.
   • In the event of a technology failure or system malfunction impacting Sundowner, the Website, and/or the Online Portal, the Auctioneer reserves the right, at its sole discretion, to:

• extend the Sale for a duration deemed appropriate;
• suspend the Sale or terminate the Sale prematurely;
• reschedule the Sale; or
• cancel the Sale, including any Bids placed.
  • All Bid prices are inclusive of GST.
  • The amount of the Bid represents the final price payable, with no additional commissions or premiums applied to the Item.
  • Sundowner reserves the right to refuse any Bid, cancel or reschedule a Sale, suspend a Sale, or withdraw any Item from a Sale, at its sole discretion.
  • An Auction will proceed until either the specified closing time set by Sundowner or 5 minutes after the most recent highest Bid. For clarification, if an Auction is scheduled to end at 4:00pm and a Bid is placed at 3:58pm, the Auction will be extended to 4:03pm. Similarly, if another Bid is placed at 4:01pm, the Auction will be further extended to 4:06pm, and so forth.
  • Bidders should be aware that the internet may at times exhibit slowdowns and outages that are outside of the control of Sundowner and/or the Bidder and that at these times it may not be possible to Bid online. Bidders are advised to place Bids as early as possible to limit any interruption. Sundowner will not be liable for any loss incurred due to any interruption in the speed or reliability of the internet or for line dropouts, slow screen updates or any other technical faults beyond its' control.
  • "Caveat Emptor" (buyer beware) applies to all Items offered in this Auction

5. PAYMENT, COLLECTION AND REPOSSESSION
   • Where You are the successful Bidder:

• full payment is due and payable by latest 4:00pm five (5) Business Days after Auction End. If You fail to make full payment by 4:00pm five(5) Business Days after Auction End You will be liable to pay Sundowner's reasonable costs in enforcing specific performance of the contract (including our legal fees) and any costs incurred by Sundowner as a result of the late payment (including storage fees).
• title in the Item or any part thereof shall not pass or be eligible to pass to You (or the Registered Bidder) and You will not be allowed to collect an Item until Sundowner receives clear funds on the full payment for the Item from You.
• payment can be made by EFT to Sundowner's bank account or by bank cheque. For EFT payments, the cleared funds need to be in Sundowner's bank account prior to collection of the Item.
  • Risk of damage to, and loss or destruction of, the Item shall pass to the buyer immediately on Auction End. Subject to clause 7.5 of these Terms and Conditions, Sundowner shall not be accountable or liable for any deficiency, damage or loss in connection with the Item, which may arise thereafter (except to the extent caused by the negligence of Sundowner). It is recommended that You take out insurance upon being a successful Bidder.
  • All Items purchased must be collected from the nominated storage premises by You no later than 4.00pm five(5) Business Days after the Auction End (being the date You are required to make full payment under these Terms and Conditions) (noting that Sundowner shall not be open for collection on a Sunday). Storage charges of $300.00 per week (with a minimum charge of 1 week) will apply on each Item which remains uncollected after this time (unless other arrangements have been made prior to the Auction End with Sundowner). Storage charges will be calculated at the start of each week from the date that is five (5) Business Days from Auction End. In the event that your Item has been paid for but has not been collected by 4.00pm five(5) Business Days after the Auction End, then Sundowner shall store the Item for a maximum of three (3) weeks, after which time Sundowner may resell the Item and shall refund You any monies paid less Sundowner's costs and expenses (if any).
  • In order to collect the Item, identification of the buyer must be provided.
  • In order to tow an Item the buyer needs to be aware of the weight of the Item they are purchasing and whether their vehicle can legally and safely tow it. If the buyer comes to collect the Item with a vehicle that cannot legally tow the Item, Sundowner will not allow the buyer to take the Item and, if the Item therefore remains after five (5) Business Days after the Auction Close, storage charges will apply. Sundowner agrees to help the buyer to understand towing capacity if the buyer contacts Sundowner prior to making a Bid.
  • If You fail to comply with any of these Terms and Conditions, then to the maximum extent permitted by law all Items may be resold by Sundowner. For the avoidance of doubt, in the event that an Item has not been paid for within five (5) Business Days after the Auction End then the Item may be resold by Sundowner. You will also be liable to reimburse Sundowner for all costs and charges incurred in such resale.
  • If the Registered Bidder is in possession of the Item and Sundowner is required to refund the price of the Item to the Registered Bidder for any reason (including without limitation, at the request of a credit service provider used by the Registered Bidder to purchase the Item), title in the Item passes back to Sundowner and the Registered Bidder will at its cost return the Item to Sundowner within seven (7) days of receiving written notice from Sundowner to do so, failing which (and to the maximum extent permitted by law):
    • the Registered Bidder irrevocably consents to Sundowner seizing possession of the Item, and grants Sundowner express authority to enter any land or premises under the Registered Bidder's control, or to which the Registered Bidder has a right of entry, exclusively for the purpose of reclaiming the Item; and
    • the Registered Bidder agrees that:
  • any costs incurred by Sundowner in refunding the purchase price to the Registered Bidder;
  • any costs incurred in repossessing or attempting to repossess the Item; and
  • the purchase price of the Item, if Sundowner is unable or chooses not to repossess the Item,

shall constitute a debt immediately due and payable to Sundowner, with interest accruing daily on the outstanding amount at a rate of 12% per annum.

• All payments made under this agreement are to be in Australian dollars. In the event that there is a foreign purchaser, there may be a small exchange rate risk.

6. CANCELLATION ARISING FROM ERROR
   • Sundowner reserves the right to cancel any Auction, Sale, or purchase transaction due to error, regardless of whether the Auction has closed or the purchase price for the Item has been paid. This right may be exercised at any time prior to the buyer's collection of the Item. Should Sundowner exercise this right, any purchase price already paid by the buyer will be promptly refunded in full.
7. LIMITATION OF LIABILITY
   • Sundowner shall not be responsible for any damage to property or injury to persons incurred during the removal of Items.
   • Subject to clause 7.5, Registered Bidders are not entitled to cancel a transaction on the basis of discrepancies in the description of Items.
   • Subject to clause 7.5, if an Item is offered for sale 'as is, where is' with all faults, if any, then it will be sold 'as is, where is' and with all faults (if any).
   • Subject to clause 7.5, Items may have different warranties attached to them and details in respect of the warranties applicable to any Item will be specified on each Item prior to the Sale. In the event that an Item is a new Item, it will be provided with a warranty supplied by the manufacturer.
   • To the fullest extent permitted by law, and notwithstanding any descriptions provided in any catalogue, advertisement, or other materials issued by Sundowner, all conditions, warranties, guarantees (including, but not limited to, those relating to the condition, quality, fitness for purpose, merchantability, or compliance with the description of any Item), rights, remedies, and liabilities are excluded from these Terms and Conditions. If a supply under these Terms and Conditions is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law, nothing contained in these Terms and Conditions excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits Sundowner to limit its liability, then its liability shall be limited to:

• in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired; and
• in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again.
  • You acknowledge that any information provided by Sundowner in relation to any Items reflects the information provided to Sundowner and, Sundowner has not independently verified its completeness or accuracy. No compensation will be paid in respect of any error or mis-description. Sundowner accepts no responsibility for any errors, failure to execute Bids or any other miscommunications regarding the Auction.
  • You acknowledge that Sundowner may not carry out mechanical or safety inspections on any Items prior to Sale, or inspect for rust, or check under the body of any Item.
  • Sundowner disclaims any warranty regarding the accuracy or completeness of information provided about Items, including second-hand Items, and accepts no liability for any loss, damage, cost, or expense incurred by the buyer arising from inaccuracies or omissions in such information. You acknowledge that it is Your sole responsibility to review the Product Information and Sale Overview for any Auction Item, independently verify all critical details relevant to Your purchasing decisions, and assume the risk associated with failing to do so before placing a Bid or completing a purchase. All Items are available for inspection at Sundowner's premises, located at 359 Lower Dandenong Road, Dingley Village VIC 3172, during business hours: Monday to Friday (9am–5pm) and Saturday (9:30am–4pm) and all buyers are strongly advised to examine in person any Item in which they are interest before the Auction takes place.
  • Sundowner reserves the right to withdraw any Item from Sale or to amend and clarify the description of any Item prior to the commencement of bidding at Auction.
  • To the full extent permitted by law and subject to clause 7.5, Sundowner will not be liable for any loss, damage, cost or expense suffered or incurred by a buyer arising out of the sale and purchase of an Item except to the extent caused by the negligence of Sundowner, or a material breach of these Terms and Conditions by Sundowner.
  • Subject to clause 7.5:
    • You acknowledge and agree that Sundowner shall not be liable to You or any third party for any indirect or consequential loss, damage, or expense of any kind or nature. Furthermore, You irrevocably release and discharge Sundowner from all such liabilities, claims, demands, or causes of action associated therewith.
    • Sundowner accepts no responsibility for any interpretation placed upon the information provided to You.
    • any deficiency in the Items sold does not affect the validity of the sale, and Sundowner's obligations are limited to providing Items that are in its possession.

8. INDEMNITY

Subject to clause 7.5, You agree to indemnify Sundowner for the full amount of any claim, suit or demand and all costs of such a claim, suit or demand (including, without limitation, legal costs on a full indemnity basis) made by You or any other person in relation to each Sale (which You make or in which You participate in any way), and in relation to Your use of the Online Portal and the Website. Your obligation to indemnify under this clause 8 is reduced to the extent that the claim, suit or demand was caused by the negligence or material breach of these Terms and Conditions by Sundowner.

9. FORCE MAJEURE

Sundowner shall not be held responsible or liable for any delay or failure in performance resulting from circumstances beyond its reasonable control, including, but not limited to, strikes, lockouts, or other industrial disputes, system or network interruptions, floods, fires, explosions, or accidents.

10. PRIVACY
    • Sundowner protects the privacy of Personal Information in accordance with the Privacy Act 1988 (Cth) (Privacy Act).
    • The Personal Information collected from You at the time of registration including on Your Application and otherwise in connection with these Terms and Conditions is collected by Sundowner for the purpose of these Terms and Conditions and any Sale and may be disclosed to other third parties for this purpose. Details are available in Sundowner's Privacy Policy.
    • Sundowner may also use the Personal Information provided by You in the Application to contact You or the Registered Bidder for marketing purposes.
    • It is not likely that the Personal Information collected at the time of registration (including in the Application) and/or updated or provided by You thereafter in connection with these Terms and Conditions will be disclosed to any third parties located overseas.
    • If the Personal Information requested at the time of registration (including in the Application) is not provided, You may not be able to Bid or purchase Items from Sundowner.
    • Sundowner's Privacy Policy contains information about how individuals may:
      • access and correct their Personal Information; and
      • make a complaint to Sundowner about a breach of privacy and such complaint will be dealt with.
    • Please direct all privacy queries to Sundowner at 359 Lower Dandenong Road, Dingley Village Victoria 3172.
11. CONFIDENTIALITY
    • You agree that the operations of Sundowner, the Website and the Online Portal in respect of any Auction or Sale will remain confidential and that all material whether written or oral, tangible or intangible, shall be treated as confidential and will not, without prior written consent, be disclosed to any third party. Sundowner reserves the right to take further action if this condition is breached.
12. TERMINATION
    • Termination by Sundowner
      • Sundowner may terminate these Terms and Conditions and, if applicable, cease to provide access to the Online Portal to You, for convenience (without cause) and in its absolute discretion, by giving reasonable notice to You.
      • Without limiting any other right of Sundowner, Sundowner may terminate these Terms and Conditions:
    • immediately by notice to You if Sundowner reasonably suspects You have engaged in fraudulent or illegal conduct in relation to any Auction or Sale;
    • subject to clause 12.1.2(a), if You breach these Terms and Conditions and:
      1. fail to rectify the breach as directed by Sundowner within a reasonable time period specified by Sundowner (which need not be more than 2 Business Days); or
      2. the breach is incapable of remedy.

• You may terminate Your status as a Registered Bidder and these Terms and Conditions by providing written notice to Sundowner via email or postal mail, provided that You have no active or outstanding Bids in the Online Portal. Such termination does not absolve You of any existing obligations or liabilities accrued under these Terms and Conditions.
• Upon termination of these Terms and Conditions:
  • You must immediately cease to use the Online Portal;
  • If the termination is for default by You, any amounts You owe to Sundowner, whether under these Terms and Conditions or otherwise become immediately due and payable; and
  • You must destroy or delete any copy of the Online Portal or any information collected from the Online Portal You have in Your possession or under Your control.

13. DISPUTE RESOLUTION
    • In the event of any dispute, controversy, or claim arising out of or relating to these Terms and Conditions, the parties agree to use their reasonable efforts to resolve the matter through good faith negotiations.
    • If the dispute remains unresolved after a period of 14 days from the commencement of negotiations (or such other period as agreed by the parties), the parties must submit the dispute to mediation before commencing any legal proceedings. The mediation shall be conducted by a mediator agreed upon by the parties, or, failing such agreement within 7 days, a mediator appointed by the President of the Law Institute of Victoria (or equivalent body).
    • The mediation will take place in a location agreed by the parties (or otherwise determined by the mediator) and in accordance with the guidelines set by the mediator or a recognised mediation body. Each party shall bear its own costs of the mediation, and the costs of the mediator shall be shared equally between the parties
    • If the dispute is not resolved through mediation within 30 days of the mediator being appointed (or such other period as agreed by the parties), either party may initiate legal proceedings to resolve the matter.
    • Nothing in this clause 13 prevents a party from seeking urgent interlocutory relief where necessary to protect its legal rights.
14. COPYRIGHT
    • The copyright in all images, illustrations and written material produced by Sundowner relating to an Item is and shall remain the property at all times of Sundowner and shall not be used by the buyer, nor by anyone else without Sundowner's prior written consent. Sundowner make no representation or warranty that the buyer of an Item will acquire any copyright or other reproduction rights in it.
15. ADDITIONAL PROVISIONS
    • Notices
      • Sundowner may give You notice of any matter or thing required or permitted to be notified to You under these Terms and Conditions by either:
    • sending an email to the email address provided by You;
    • sending a notice to Your postal address as specified in Your Application; or
    • posting the notice on the Website if Your registration was completed online under clause 2.2.
      • Such notice takes effect and is deemed served from the time the electronic mail message leaves the Sundowner system, is visible on the Website or at the premises, or three (3) Business Days after posting, as the case may be.

• Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the law for the time being in force in Victoria and the parties submit to the non-exclusive jurisdiction of the courts of Victoria.

• Entire Agreement

These Terms and Conditions (and any other details incorporated expressly by reference) represent the entire agreement between You and Sundowner.

• Variation of Terms and Conditions
  • Sundowner may amend or vary these Terms and Conditions (including any fees charged by Sundowner to You) at any time by emailing You to the email that You have supplied when registering and giving You at least 7 days' notice in accordance with clause 13.1.1.
  • If You do not agree to the amended Terms and Conditions, You may terminate the agreement under clause 12.2 within 30 days of receiving notice from Sundowner. Failure to provide notice of termination within this period will be deemed as Your acceptance of the varied Terms and Conditions.
• Severance

If any provision of these Terms and Conditions is determined to be invalid or unenforceable, that provision will be read down or severed, and the remainder of the Terms and Conditions will remain valid and enforceable.

• Waiver and Exercise of Rights
  • A single or partial exercise or waiver of a right relating to these Terms and Conditions does not prevent any other exercise of that right or the exercise of any other right.
  • Subject to clause 7.5, no party will be liable for any loss or expenses incurred by another party caused or contributed to by the waiver, exercise, attempted exercise, failure to exercise or delay in the exercise of a right.
• No Relationship

Nothing in these Terms and Conditions creates a partnership, joint venture, employer-employee, or principal-agent relationship between the parties, nor authorises one party to bind or obligate the other..

• Survival and enforcement of Indemnities

Each indemnity in these Terms and Conditions is a continuing obligation, separate and independent from the other obligations of the parties and survives termination of these Terms and Conditions. It is not necessary for a party to incur expense or make payment before enforcing a right of indemnity conferred by these Terms and Conditions.

• No Merger

The warranties, undertakings, indemnities, agreements and continuing obligations in these Terms and Conditions do not merge on completion.

• Personal Knowledge

A reference to knowledge of a person is understood as being to the best of their knowledge and belief following reasonable enquiry, including any enquiry a reasonable person would be prompted to make based on known facts.

• Rule of Construction

In the interpretation of these Terms and Conditions, no rule of construction applies to the disadvantage of the party preparing these Terms and Conditions on the basis that it put forward these Terms and Conditions or any part of it.

16. INTERPRETATION AND DEFINITIONS
    • In these Terms and Conditions,

• references to any statute, regulation, or other legislative provision include any amendments, re-enactments, or replacements of those provisions or other provisions substituted for them.
• headings are for convenience only and do not affect the interpretation of these Terms and Conditions.
• words in the singular include the plural, and words in the plural include the singular.
• references to clauses or annexures are to clauses or annexures of these Terms and Conditions, unless expressly stated otherwise.
• a reference to "including" or similar expressions means "including, but not limited to."
• references to a person include an individual, corporation, partnership, trust, association, or other legal entity.

• In these terms and conditions, unless expressed or implied to the contrary:

Application means an Online Application under clause 2.2.

Auction End means the completion of an Auction period for an Item, occurring on Sundowner's acceptance and declaration of the highest Bid, whether by fall of the hammer or otherwise, at the time and date nominated for that Item by Sundowner.

Auction Sale or Auction means a sale or prospective sale by auction of an Item, conducted by way of the Online Portal in accordance with these Terms and Conditions.

Auctioneer means Sundowner.

Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Bid means an offer to purchase an Item at a specified price in a Sale.

Bidder means a person who has made or purported to make a Bid.

Business Day means a day that is not a Saturday, Sunday, public holiday or bank holiday in Victoria, Australia.

Item means a caravan (either new or second hand) made available for purchase under these Terms and Conditions, which may be sold as is, unregistered and without number plates or may be sold with registration (as advised with the description of the item provided at Auction).

Online Application has the meaning given to that term in clause 2.2.

Online Portal means the online system used by Sundowner to perform Sales online.

Online Sale means any sale of an Item conducted using the Online Portal.

Personal Information has the meaning given to that term in the Privacy Act 1988 (Cth).

Registered Bidder means a person who has become a Registered Bidder in accordance with clause 2.2.2.

Sale means a sale, agreement to sell or prospective sale of an Item by Auction Sale under these Terms and Conditions.

Sale Process means the method by which a Sale is conducted until the successful buyer's Bid (if any) is accepted by Sundowner of the Item or the Item is withdrawn from Sale by Sundowner.

Security Interest means 'security interest' as defined in the Personal Property Securities Act 2009 (Cth) and any associated regulations.

Sundowner means Bud RV Pty Ltd ACN 600 544 321 trading as Sundowner RV.

Terms and Conditions means these Terms and Conditions, as updated from time to time.

You and Your means the user of the Website or the person using the Online Portal including, without limitation, a Registered Bidder, the person completing the Application and the person nominated in accordance with these Terms and Conditions as the Registered Bidder on the Application.

Website means Sundowner's Website, located at http://www.sundowner.com.au, and includes any part of that website.