Terms & Conditions

Last updated: 18 August 2026

1. About Trading Garage

1.1 Trading Garage Pty Ltd (ABN 46 645 346 434, ACN 645 346 434) of Level 2/18 Thomson St, South Melbourne VIC 3205 (Trading Garage, we, us or our) operates an online marketplace in Australia connecting Buyers and Sellers of road cars, race cars, motorcycles and number plates (each an Item).

1.2 Trading Garage provides the Platform and related services to facilitate the listing, marketing and sale of Items, including through an auction style bidding format. Trading Garage’s role in relation to Buyers, Sellers and the sale of Items is further described in clause 4.

1.3 These Terms and Conditions (Terms) govern access to and use of the Platform and the services provided by Trading Garage. By creating an Account, submitting an Item for listing, placing a Bid or otherwise accessing or using the Platform or Trading Garage’s services, you agree to be legally bound by these Terms.

2. How it works

2.1 Listing an Item

A Seller wishing to list an Item must provide the information reasonably requested by Trading Garage, which may include details of the Item, proof of ownership, registration information, odometer information, finance owing, photographs and other supporting information.

Trading Garage may decide whether to accept an Item for listing and may assist with preparing and publishing the Listing, arranging photography, conducting searches such as PPSR searches and providing guidance regarding a proposed Reserve Price.

Any valuation, price guidance or Reserve Price recommendation provided by Trading Garage is an opinion only and is not a representation or guarantee of the price that an Item will achieve.

2.2 Auction Period

Once an Item is listed on the Platform, Buyers may submit Bids during the Auction Period specified in the Listing, which will ordinarily be either 7 days or 14 days.

Trading Garage may specify the opening and closing times of the Auction Period. If a Bid is submitted when two minutes or less remain in the Auction Period, the countdown timer will reset to two minutes. Each subsequent Bid submitted when two minutes or less remain will reset the countdown timer to two minutes again.

Buyers and Sellers may communicate through facilities made available by Trading Garage during the Auction Period. Trading Garage may withhold direct contact details until a Successful Sale has occurred and the applicable Buyer Service Fee has been paid.

2.3 Reserve Price

A Seller may agree a minimum price at which the Seller is prepared to sell the Item (Reserve Price), or may agree that the Item will be offered without a Reserve Price.

The Reserve Price, or confirmation that the Item will be offered without a Reserve Price, must be recorded in the Reserve Price Form before the Auction Period begins and will be binding on the Seller once the Reserve Price Form is signed.

Trading Garage may display whether the Reserve Price has been met but is not required to disclose the amount of the Reserve Price to Buyers.

During the Auction Period, the Seller may reduce or remove the Reserve Price with Trading Garage’s agreement. Any reduction or removal must be confirmed by the Seller in Writing or by another electronic method accepted by Trading Garage.

Once the Auction Period has commenced, the Seller may not increase the Reserve Price. If the Reserve Price is reduced, it may not subsequently be increased above the reduced amount. If the Reserve Price is removed, it may not subsequently be reinstated.

If the Reserve Price is reduced to an amount equal to or below the highest current Bid, the Reserve Price will be considered met. If the Reserve Price is removed, the Item will be offered without reserve for the remainder of the Auction Period.

2.4 Successful Sale at the conclusion of the Auction Period

If, at the conclusion of the Auction Period:

1. the highest Bid meets or exceeds the Reserve Price;
2. the Reserve Price has been removed by the Seller; or
3. the Item was offered without a Reserve Price,

the highest bidder will be the Successful Buyer.

At the conclusion of the Auction Period, the Successful Buyer and the Seller enter into a legally binding contract directly with each other for the purchase and sale of the Item at the amount of the successful Bid.

The Seller is obligated to sell the Item to the Successful Buyer and the Successful Buyer is obligated to purchase the Item at the amount of the successful Bid, subject to these Terms and any rights or obligations that cannot lawfully be excluded.

Trading Garage is not a party to the contract for the purchase and sale of the Item.

The applicable Buyer Service Fee becomes payable upon the Successful Sale in accordance with clause 10.

For the avoidance of doubt, the Reserve Price being met during the Auction Period does not end the Auction Period or prevent further bidding.

2.5 Item passed in below Reserve Price

If the highest Bid at the conclusion of the Auction Period is below the Reserve Price, the Item will be considered passed in.

The highest Bid will remain an irrevocable offer by the Buyer for 24 hours following the conclusion of the Auction Period. The Seller may accept that Bid during that period.

If the Seller accepts the highest Bid, the Buyer and Seller enter into a legally binding contract for the purchase and sale of the Item at the amount of that Bid and the applicable Buyer Service Fee becomes payable.

If the Seller does not accept the highest Bid within 24 hours, that Bid will be deemed rejected and will cease to bind the Buyer, unless otherwise agreed between the relevant Buyer and Seller.

2.6 Post Auction Negotiation Period

For a period of 72 hours following the conclusion of an Auction Period where an Item has passed in (Post Auction Negotiation Period), Trading Garage will have the exclusive right to facilitate and negotiate a sale of the Item between the Seller and prospective Buyers, including the highest bidder, underbidders and other registered interested Buyers.

During the Post Auction Negotiation Period, Trading Garage may communicate Offers and counteroffers between the Seller and prospective Buyers.

If, during the Post Auction Negotiation Period, Trading Garage procures a Verified Offer from a Buyer at or above the Reserve Price, the Seller agrees that the Item will be sold to that Buyer at the amount of the Verified Offer. A legally binding contract for the purchase and sale of the Item will arise between the Buyer and Seller when the Verified Offer is expressly submitted or confirmed through Trading Garage or another method accepted by Trading Garage.

Except where a Verified Offer is at or above the Reserve Price as described above, any revised Purchase Price or other material terms will only become binding when accepted by both the Buyer and Seller.

Any sale agreed or effected during the Post Auction Negotiation Period will be considered a Successful Sale through the Platform and the applicable Buyer Service Fee under clause 10.1 will become payable based on the Purchase Price payable by the Buyer.

During the Post Auction Negotiation Period, the Seller must not sell, agree to sell, advertise for sale through another platform, or otherwise dispose of the Item without Trading Garage’s prior written consent.

If no agreement is reached by the expiry of the Post Auction Negotiation Period, the Sales Process will end and the Seller may withdraw the Item without charge, subject to any other amounts properly payable under these Terms.

Trading Garage and the Seller may agree in Writing to extend the Post Auction Negotiation Period.

2.7 Technical issues and extensions

Trading Garage may pause, extend, restart or otherwise adjust an Auction Period where Trading Garage reasonably considers that a technical failure, interruption, error or other event has materially affected the operation of the Platform or the bidding process.

Trading Garage will determine the length and nature of any adjustment having regard to the circumstances. Unless Trading Garage determines otherwise, Bids already submitted will remain valid during an adjusted Auction Period.

2.8 Introduction and completion

Following a Successful Sale and payment of the applicable Buyer Service Fee, Trading Garage may provide the Buyer and Seller with each other’s contact information.

The Buyer and Seller are responsible for completing the transaction directly with each other, including payment of the Purchase Price, transfer of ownership, collection or delivery of the Item and compliance with any applicable legal requirements.

Trading Garage does not receive or hold the Purchase Price for the Item.

3. Your Account

3.1 You must be at least 18 years old and have the legal capacity to enter into a binding contract to create or use an Account with Trading Garage.

3.2 Users may create a Basic Account or a Verified Account. Only users with an approved Verified Account may submit Bids through the Platform.

3.3 When creating or maintaining an Account, you must provide information that is complete, accurate and current. You must promptly update your Account information if it changes.

3.4 Trading Garage may require additional information or documentation to verify your identity, payment method, eligibility to use the Platform or authority to act on behalf of another person or entity. Trading Garage may use third party service providers to carry out these checks.

3.5 To obtain or maintain a Verified Account, Trading Garage may require information including:

1. a valid payment method;
2. a driver’s licence, passport or other acceptable identification;
3. contact information; and
4. whether you are acting as a private individual, motor vehicle dealer, business or on behalf of another person or entity.

3.6 You must accurately disclose whether you are acting privately, in trade or commerce, as a motor vehicle dealer, or on behalf of another person or entity. If you are acting on behalf of another person or entity, you warrant that you have authority to bind that person or entity.

3.7 You are responsible for maintaining the confidentiality and security of your Account credentials and for activity undertaken through your Account. You must not allow another person to use your Account to submit Bids or otherwise enter into transactions on your behalf unless Trading Garage has expressly approved that arrangement.

3.8 You must notify Trading Garage as soon as reasonably practicable if you become aware of or suspect any unauthorised access to or use of your Account.

3.9 You must not create or use another Account for the purpose of avoiding fees, bidding restrictions, Account suspensions, verification requirements or any other restriction or obligation imposed by Trading Garage.

3.10 As part of your Account, Trading Garage may ask you to provide contact details for disclosure to the other party following a Successful Sale. You consent to Trading Garage providing those contact details to the relevant Buyer or Seller where reasonably necessary to facilitate or complete a successful transaction.

3.11 Trading Garage may restrict, suspend or terminate an Account where Trading Garage reasonably believes that:

1. the user has breached these Terms;
2. information provided by the user is false, inaccurate or misleading;
3. the Account has been or may be used for fraudulent, deceptive, unlawful or abusive activity;
4. the user has failed or refused to satisfy Trading Garage’s identity, payment or verification requirements;
5. the user has failed to pay an amount owing to Trading Garage;
6. continued use of the Account may create a risk to Trading Garage, another user or the Platform; or
7. restriction, suspension or termination is reasonably necessary to protect Trading Garage’s legitimate interests.

3.12 Trading Garage may prevent a suspended or terminated user from creating or using another Account.

3.13 You may close your Account provided there are no outstanding transactions, disputes, restrictions or amounts owing to Trading Garage. Closing an Account does not affect any rights, obligations or liabilities that arose before the Account was closed.

3.14 Personal information collected in connection with an Account will be handled in accordance with Trading Garage’s Privacy Policy and applicable law.

4. Our Role

4.1 Trading Garage provides an online marketplace through which Sellers may list Items for sale and Buyers may submit bids using an auction style bidding format. Trading Garage provides the Platform and bidding mechanism but is not an auctioneer and does not itself conduct the sale of an Item.

4.2 Trading Garage does not own, buy or sell any Item listed on the Platform and is not a party to the contract for the sale of an Item. When a Buyer and Seller enter into a transaction, they create a legally binding contract directly with each other and not with Trading Garage.

4.3 Trading Garage does not take ownership of, take title to, transfer legal ownership of or take legal possession of an Item and does not receive or hold the Purchase Price payable by the Buyer to the Seller. The Purchase Price is paid directly between the Buyer and Seller. Any fees payable to Trading Garage are paid separately in consideration for the services Trading Garage provides through the Platform.

4.4 As part of providing the Platform, Trading Garage may prepare, edit and publish Listings, arrange photography, facilitate questions and communications between Buyers and Sellers, communicate Bids, Offers and counteroffers, facilitate post auction negotiations and provide administrative assistance in connection with a proposed or completed sale. Providing these services does not make Trading Garage a party to the sale of the Item or, unless expressly agreed otherwise in Writing, an agent of the Buyer or Seller.

4.5 Trading Garage does not inspect any Item listed on the Platform. Any photographer or other third party service provider attending an Item does so for the purpose of providing photography, media or other listing services and does not inspect or verify the Item on behalf of Trading Garage. Trading Garage may rely upon information supplied by Buyers, Sellers and third party sources when providing its services.

4.6 Trading Garage does not guarantee the condition, quality, safety, roadworthiness, legality, authenticity, provenance or history of an Item, the truth or accuracy of any Content or Listing, the ability of a Seller to sell an Item, the ability of a Buyer to pay for an Item, or that a Buyer or Seller will complete a transaction. The respective responsibilities of Trading Garage, Sellers and Buyers in relation to Listing information are set out elsewhere in these Terms.

4.7 Nothing in these Terms excludes, restricts or modifies any right, guarantee, liability or remedy that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law.

5. Using our Platform

5.1 The Platform is intended primarily for Buyers and Sellers of Items located in Australia. Trading Garage may agree to accept an Item located outside Australia at its discretion.

5.2 You must not use the Platform or Trading Garage’s services:

1. for any unlawful, fraudulent, misleading or deceptive purpose;
2. to provide or publish information or material that is false, inaccurate, misleading, defamatory, abusive, obscene or otherwise unlawful;
3. to manipulate or attempt to manipulate the bidding or sale price of an Item, including through dummy bidding;
4. to bid on your own Item, or arrange for another person to bid on an Item without a genuine intention to purchase it;
5. to interfere with another user’s Listing, Bids or use of the Platform;
6. to circumvent or attempt to circumvent Trading Garage’s fees, payment processes, verification requirements, Account restrictions or other requirements;
7. to obtain or collect personal, confidential or authentication information about another user without authority;
8. to gain or attempt to gain unauthorised access to any Account, computer, system, data or network;
9. to upload or distribute viruses, malicious software or other technologies that may interfere with or damage the Platform or its users;
10. to send unsolicited advertising, spam or bulk communications through the Platform; or
11. in any manner that Trading Garage reasonably considers may expose Trading Garage, another user or a third party to legal, financial, security or reputational risk.

5.3 Trading Garage may refuse, delay, suspend, amend or remove a Listing where Trading Garage reasonably considers it necessary, including where:

1. information relating to the Item or Seller cannot be verified;
2. Trading Garage reasonably believes information supplied in connection with the Listing may be inaccurate, incomplete, misleading or unlawful;
3. the Seller fails to satisfy Trading Garage’s Account, identity, ownership, payment or verification requirements;
4. the Seller breaches these Terms;
5. there is a dispute concerning ownership, title or the Seller’s authority to sell the Item;
6. Trading Garage reasonably suspects fraud, manipulation or other improper activity; or
7. removing or restricting the Listing is reasonably necessary to protect Trading Garage, Buyers, Sellers or the integrity of the Platform.

Trading Garage will exercise its rights under this clause reasonably and having regard to the nature and circumstances of the relevant issue.

If new information or a correction arises during an Auction Period that Trading Garage reasonably considers materially relevant to a Buyer’s decision to bid or to the value, identity, authenticity, provenance, condition or other material characteristics of an Item, Trading Garage may suspend or remove the Listing, cancel existing Bids and restart the Auction Period with the corrected or additional information included in the Listing.

If Trading Garage reasonably considers that new information or a correction is minor and is not materially relevant to a Buyer’s decision to bid or the value or characteristics of the Item, Trading Garage may amend or supplement the Listing without cancelling existing Bids or permitting Buyers to withdraw their Bids.

If materially relevant new information or a correction arises during a Post Auction Negotiation Period, Trading Garage may suspend negotiations, disclose the corrected or additional information to prospective Buyers and require any outstanding Offer to be reconfirmed before it can result in a Successful Sale.

5.4 Trading Garage may refuse, cancel or remove a Bid where Trading Garage reasonably considers it necessary, including where:

1. the Buyer fails to satisfy Trading Garage’s Account, identity, payment or verification requirements;
2. Trading Garage reasonably believes the Bid was made fraudulently, accidentally, improperly or without a genuine intention or ability to purchase the Item;
3. Trading Garage reasonably believes the Buyer, Seller or another person has attempted to manipulate the bidding or sale price;
4. the Buyer has breached these Terms or has had their Account restricted, suspended or terminated;
5. a payment authorisation or verification associated with the Bid fails; or
6. removing the Bid is reasonably necessary to protect Trading Garage, Buyers, Sellers or the integrity of the bidding process or Platform.

Removal of a Bid does not limit any other rights Trading Garage may have under these Terms.

5.5 Buyers and Sellers must not engage in any activity designed to complete or facilitate the sale of an Item outside the Platform for the purpose of avoiding Trading Garage’s fees or otherwise circumventing these Terms.

This restriction applies throughout the Sales Process.

A Buyer or Seller must not use information, contact details or an introduction obtained through Trading Garage to arrange a sale outside the Platform in order to avoid fees payable to Trading Garage.

Where an Item is sold outside the Platform in breach of this clause, the Seller may be liable for the Seller Withdrawal or Default Fee under clause 10.4.

5.6 Trading Garage does not guarantee that the Platform will be continuously available, uninterrupted, secure or free from errors, viruses or other harmful components.

Trading Garage may temporarily restrict or make the Platform unavailable where reasonably necessary for maintenance, security, upgrades or other operational reasons.

The rights of Trading Garage in relation to an interruption or error affecting a live Auction Period are set out in clause 2.

6. Seller Terms

6.1 A Seller must have the legal right and authority to offer and sell an Item through the Platform and must comply with all applicable laws relating to the offering, sale and transfer of the Item.

6.2 The Seller warrants that, to the best of their knowledge:

1. all information and representations provided by the Seller to Trading Garage or a prospective Buyer in relation to the Item are true, accurate and not misleading;
2. the Seller has disclosed to Trading Garage all information known to the Seller that may reasonably be expected to materially affect a prospective Buyer’s decision to purchase the Item or the value, condition, quality, authenticity, provenance, history or title of the Item;
3. the Seller is the legal owner of the Item or is properly authorised by the legal owner to sell the Item;
4. all security interests, finance or other encumbrances affecting the Item have been disclosed to Trading Garage; and
5. the Seller is able to provide the Successful Buyer with legal title to the Item on completion of the sale, subject to any security interest or other arrangement expressly disclosed to and accepted by the Buyer.

6.3 Trading Garage may prepare and edit a Listing using information supplied by the Seller and information obtained from third party sources.

Before the Listing is published, the Seller must review the Listing and approve it for publication.

By approving the Listing, the Seller confirms that, to the best of their knowledge, the factual information contained in the Listing is accurate and not misleading and that the Seller has disclosed any material information known to them that may make the Listing inaccurate, incomplete or misleading.

6.4 The Seller has an ongoing obligation from the time information is first provided to Trading Garage until completion of the sale or withdrawal of the Item from the Platform to promptly notify Trading Garage if:

1. any information contained in or provided for the Listing is or becomes inaccurate, incomplete or misleading;
2. the Seller becomes aware of additional information that may reasonably be expected to materially affect a prospective Buyer’s decision to purchase the Item;
3. the condition of the Item materially changes;
4. the Item suffers damage or develops a material fault;
5. there is a material change to the odometer reading of a vehicle;
6. the registration, title, ownership, finance or encumbrance status of the Item changes; or
7. any other material circumstance relating to the Item or the Seller’s ability to sell it changes.

Trading Garage may amend, suspend or remove a Listing, or take any other action permitted under these Terms, in response to information provided under this clause.

6.5 Any answer, statement, representation or other information provided by the Seller in response to a question from Trading Garage or a prospective Buyer may be published or otherwise communicated by Trading Garage and may form part of the information on which prospective Buyers rely.

The Seller warrants that such information will, to the best of their knowledge, be accurate and not misleading.

6.6 The Seller must take reasonable care of the Item while it is listed on the Platform and until completion of any Successful Sale.

The Seller must not materially alter or modify the Item, remove any material component or inclusion, or otherwise cause the Item to materially differ from its description or presentation in the Listing without first notifying Trading Garage.

Any material change occurring before completion of the sale must be disclosed to Trading Garage and, where a Successful Sale has occurred, to the Buyer.

6.7 From the commencement of the Sales Process, the Seller must not, without Trading Garage’s prior written consent:

1. advertise or list the Item for sale through another marketplace, auction platform, dealer, broker or other sales channel;
2. independently solicit or negotiate a sale of the Item outside Trading Garage; or
3. sell, agree to sell or otherwise dispose of the Item outside the Platform.

The Seller must promptly notify Trading Garage of any approach or Offer received directly from a prospective Buyer during the Sales Process.

6.8 If the Seller wishes to withdraw an Item during the Sales Process, the Seller must obtain Trading Garage’s written consent. Trading Garage may agree to the withdrawal subject to any applicable fees under clause 10.

A Seller may not withdraw an Item after a binding contract for its sale has arisen under these Terms.

If an Item passes in and no sale is agreed by the expiry of the Post Auction Negotiation Period, the Seller may withdraw the Item without charge, subject to any amount already properly payable under these Terms.

6.9 The Seller must reasonably cooperate with Trading Garage during the Sales Process, including by responding to reasonable requests for information, questions from prospective Buyers and Offers or counteroffers communicated by Trading Garage.

Where reasonably practicable, the Seller must also make the Item available for an inspection requested by a prospective Buyer and arranged through Trading Garage.

6.10 Following a Successful Sale, the Seller must:

1. complete the transaction with the Buyer in accordance with the contract formed under these Terms;
2. accept payment of the Purchase Price directly from the Buyer in accordance with the agreed arrangements;
3. make the Item and all inclusions forming part of the sale available to the Buyer;
4. provide or execute any documents reasonably required to transfer legal ownership of the Item to the Buyer; and
5. comply with any applicable legal requirements relating to the transfer or disposal of the Item.

6.11 If a Successful Sale is lost or does not complete because the Seller:

1. provided information that was materially false, inaccurate or misleading;
2. failed to disclose material information as required under these Terms;
3. was unable or unwilling to provide legal title to the Item;
4. withdrew or refused to complete the sale after becoming legally bound to do so; or
5. otherwise materially breached their obligations under these Terms,

the Seller may be liable for the Seller Withdrawal or Default Fee under clause 10.4 and any other rights Trading Garage has under these Terms or applicable law will not be affected.

7. Buyer Terms

7.1 A Buyer warrants that:

1. all information provided by the Buyer to Trading Garage or a Seller is true, accurate and not misleading;
2. the Buyer has the legal capacity and authority to submit a Bid, make an Offer and enter into and complete a contract for the purchase of an Item; and
3. the Buyer will comply with all applicable laws in connection with their use of the Platform and any purchase of an Item.

7.2 Before submitting a Bid or Offer, the Buyer is responsible for reviewing the Listing and any questions, answers, updates or other information made available in relation to the Item and for satisfying themselves as to all matters relevant to their decision to purchase the Item.

This includes, without limitation and where relevant, the description, identity, ownership, title, value, condition, quality, authenticity, provenance, history, odometer reading, registration status, specifications and suitability of the Item.

The Buyer is responsible for deciding whether to conduct further research, obtain professional advice or arrange an independent inspection before bidding.

7.3 Photographs, videos and other media displayed in a Listing form part of the information made available to prospective Buyers. However, lighting, cameras, screens and other factors may affect the appearance or colour of an Item and media may not reveal every defect, characteristic or aspect of its condition.

Photographs, videos and other Listing material are not a substitute for an independent inspection where the Buyer considers an inspection necessary.

7.4 Each Bid submitted by a Buyer is a legally binding and irrevocable offer to purchase the Item if that Bid becomes successful in accordance with these Terms.

A Buyer may not withdraw or cancel a Bid merely because they have changed their mind, made an error of judgment, failed to inspect the Item or subsequently decided not to proceed.

Trading Garage may cancel or remove a Bid in accordance with clause 5.4 or where otherwise required by law.

7.5 Where a Buyer becomes the Successful Buyer under clause 2, the Buyer must complete the purchase of the Item in accordance with the contract formed between the Buyer and Seller.

Unless otherwise agreed with the Seller, the Buyer must pay the Purchase Price directly to the Seller and complete settlement within 7 Business Days of the Successful Sale.

The Buyer and Seller may agree to an alternative payment or settlement timeframe between themselves.

7.6 The Buyer must pay Trading Garage the applicable Buyer Service Fee in accordance with clause 10.

The Buyer Service Fee becomes due and payable when a Successful Sale occurs under clause 2 and must be paid within 24 hours of the Successful Sale, or within such further time as Trading Garage agrees in Writing.

The Buyer Service Fee is separate from the Purchase Price of the Item and is consideration for the services provided by Trading Garage through the Platform. It is not a deposit or part payment toward the Purchase Price.

Subject to clause 4.7 and any rights or remedies that cannot lawfully be excluded, the Buyer Service Fee is non refundable once it has been earned, including where the Buyer subsequently changes their mind, fails or refuses to complete the purchase, or the transaction between the Buyer and Seller does not complete for a reason not caused by Trading Garage or the Seller.

By providing payment details to Trading Garage or its payment service provider and submitting a Bid or Verified Offer, the Buyer expressly authorises those payment details to be used to collect the applicable Buyer Service Fee if the Buyer becomes the Successful Buyer.

7.7 If a Successful Buyer fails or refuses to complete the purchase for any reason other than a default by the Seller, the Buyer’s obligation to pay Trading Garage’s applicable Buyer Service Fee will not be cancelled, reduced or otherwise affected.

The Buyer Service Fee is earned by Trading Garage when a Successful Sale occurs under clause 2 and remains payable notwithstanding the Buyer’s subsequent failure or refusal to complete the purchase.

A chargeback, payment dispute, reversal or similar process does not, of itself, cancel or discharge an amount properly due to Trading Garage under these Terms. If an amount is reversed, withheld or returned through a card issuer, bank or payment service provider and the Buyer remains liable for that amount under these Terms, the amount will remain a debt due and payable to Trading Garage.

The Buyer must not knowingly make a false or misleading representation to a card issuer, bank or payment service provider in relation to a payment properly authorised under these Terms, including by falsely claiming that an authorised transaction was fraudulent or unauthorised. Nothing in this clause prevents a Buyer from exercising any genuine right to dispute a payment or seek a refund under applicable law or the rules of their card issuer, bank or payment service provider.

The failure of a Buyer to complete a purchase does not prevent the Seller or Trading Garage from exercising any other rights available under these Terms or applicable law.

Trading Garage may contact an underbidder or another prospective Buyer to determine whether they wish to enter into a separate transaction with the Seller. An underbidder does not become obliged to purchase the Item merely because the Successful Buyer has failed to complete the original transaction.

7.8 Unless expressly stated otherwise in the Listing or agreed directly between the Buyer and Seller, the Buyer is responsible for arranging and paying any applicable transport, collection, stamp duty, registration, transfer fees, taxes, duties and other costs associated with acquiring the Item.

7.9 Following a Successful Sale, the Buyer must reasonably cooperate with the Seller and Trading Garage to complete the transaction, including by promptly communicating with the Seller, making payment when due and arranging collection or delivery of the Item.

7.10 Trading Garage may restrict, suspend or terminate a Buyer’s ability to bid or use the Platform where the Buyer fails to complete a Successful Sale, fails to pay an amount properly owing to Trading Garage or otherwise breaches these Terms.

8. Intellectual Property Rights

8.1 For any Content you provide to Trading Garage, you warrant that you own, or otherwise have all necessary rights and permissions to provide, publish and permit Trading Garage to use that Content in accordance with these Terms.

8.2 By providing Content to Trading Garage, you grant Trading Garage a non exclusive, worldwide, perpetual, irrevocable, royalty free and sublicensable licence to use, reproduce, copy, edit, adapt, publish, communicate, display, distribute and otherwise use that Content in any media for the purposes of:

1. operating and providing the Platform and Trading Garage’s services;
2. preparing, editing and publishing Listings;
3. advertising, marketing and promoting an Item, Trading Garage or Trading Garage’s services;
4. maintaining historical records of Listings and sales;
5. publishing or promoting past sales, results or other Platform activity;
6. enforcing Trading Garage’s legal rights; and
7. complying with applicable laws, regulatory requirements, court orders or other legal obligations.

8.3 To the maximum extent permitted by law, where you are the author or creator of Content, you consent to Trading Garage and persons authorised by Trading Garage doing any act or omitting to do any act in relation to the Content that might otherwise infringe your moral rights, including editing, adapting, cropping, reproducing, publishing or using the Content without identifying you as its author.

8.4 Trading Garage may arrange for an independent third party photographer or other content provider to photograph, film or otherwise create media relating to an Item.

The Seller authorises reasonable access to the Item for that purpose.

Any photographer or content provider arranged by Trading Garage acts as an independent service provider and not as an employee, agent or inspector of Trading Garage.

All intellectual property rights assigned to Trading Garage by a photographer or other content provider in photographs, videos or other media created in connection with an Item are owned by Trading Garage. Trading Garage may use, reproduce, edit, adapt, publish, distribute, communicate, archive, license and promote that material in any media.

8.5 All intellectual property rights owned by Trading Garage in the Platform, Trading Garage branding, logos, software, website design, written material created by Trading Garage and other proprietary material remain the property of Trading Garage or its licensors.

Except as expressly permitted by these Terms or with Trading Garage’s prior written consent, you must not reproduce, copy, modify, distribute, commercially exploit or otherwise use Trading Garage’s intellectual property.

You may view, download or reproduce Listing material for your personal and non commercial use.

8.6 Trading Garage does not claim ownership of third party material merely because it appears in a Listing or on the Platform.

If you provide third party material to Trading Garage, you remain responsible for ensuring that you have the necessary rights and permissions for Trading Garage to use that material in accordance with clause 8.2.

Trading Garage may remove or restrict access to Content where it reasonably believes that the Content may infringe another person’s intellectual property or other legal rights.

9. Liability and Indemnity

9.1 Nothing in these Terms excludes, restricts or modifies any right, guarantee, liability or remedy that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law.

9.2 Trading Garage is not a party to the contract for the purchase and sale of an Item between a Buyer and Seller. Subject to clause 9.1, any dispute between a Buyer and Seller concerning an Item or the completion of a sale is primarily a matter between those parties.

Trading Garage may, at its discretion, assist with communications, request information, preserve records or otherwise facilitate discussions between the parties, but doing so does not make Trading Garage a party to the sale or responsible for resolving the dispute.

9.3 Subject to clause 9.1, Trading Garage is not responsible for any loss, liability, cost or damage arising from:

1. the acts or omissions of a Buyer, Seller or other third party;
2. a Buyer or Seller failing or refusing to complete a transaction;
3. information, statements or representations supplied by a Buyer, Seller or third party;
4. the condition, quality, safety, roadworthiness, legality, authenticity, provenance, history, title or other characteristics of an Item;
5. loss or damage occurring to an Item while it is in the possession or control of a Buyer, Seller, transporter, storage provider, photographer or other third party; or
6. any transport, collection, storage, registration, transfer or other arrangement entered into directly between a Buyer, Seller or third party,

except to the extent that the relevant loss, liability, cost or damage was directly caused by an act or omission of Trading Garage for which liability cannot lawfully be excluded.

9.4 Subject to clause 9.1 and to the extent permitted by law, Trading Garage will not be liable for any indirect, incidental, special or consequential loss arising from the use of the Platform or Trading Garage’s services, including loss of profit, loss of revenue, loss of opportunity or loss of goodwill, except to the extent such liability cannot lawfully be excluded.

9.5 You indemnify Trading Garage and its directors, officers and employees against any loss, liability, claim, damage, cost or reasonable expense suffered or incurred by Trading Garage arising directly from:

1. your material breach of these Terms;
2. any information or representation supplied by you that is false, inaccurate, misleading or unlawful;
3. your failure to disclose information that you are required to disclose under these Terms;
4. your infringement of another person’s intellectual property, privacy or other legal rights;
5. your fraud, wilful misconduct or unlawful conduct; or
6. a claim made by a third party arising directly from an act or omission by you in connection with your use of the Platform or a transaction conducted through it.

9.6 The indemnity in clause 9.5 does not apply to the extent that the relevant loss, liability, claim, damage, cost or expense was caused or contributed to by Trading Garage’s negligence, breach of these Terms, wilful misconduct or other act or omission for which Trading Garage is legally responsible.

9.7 Trading Garage may take reasonable steps to mitigate any loss for which it seeks indemnification under clause 9.5. Any legal or recovery costs claimed under that indemnity must be reasonably incurred.

10. Fees and Payment

10.1 Buyer Service Fee

When a Successful Sale occurs under clause 2, the Buyer must pay Trading Garage a Buyer Service Fee equal to 8.8% of the Purchase Price of the Item, subject to:

1. a minimum Buyer Service Fee of $1,000; and
2. a maximum Buyer Service Fee of $16,000,

unless otherwise agreed by Trading Garage in Writing.

All Buyer Service Fees under this clause are inclusive of GST.

10.2 When the Buyer Service Fee is Earned and Payable

The Buyer Service Fee is earned by Trading Garage when a Successful Sale occurs under clause 2 and becomes due and payable at that time.

The Buyer must pay the Buyer Service Fee within 24 hours of the Successful Sale, or within such further time as Trading Garage agrees in Writing.

The Buyer Service Fee is separate from the Purchase Price payable to the Seller and is consideration for the services provided by Trading Garage through the Platform. It is not a deposit or part payment toward the Purchase Price of the Item.

Subject to any rights or remedies that cannot lawfully be excluded, the Buyer Service Fee is non refundable once earned, including where the Buyer subsequently changes their mind, fails or refuses to complete the purchase, or the transaction between the Buyer and Seller does not complete for a reason not caused by Trading Garage or the Seller.

10.3 Payment Authorisation

By providing payment details to Trading Garage or its payment service provider and submitting a Bid or Verified Offer, the Buyer expressly authorises Trading Garage and its payment service provider to use those payment details to collect the applicable Buyer Service Fee if the Buyer becomes the Successful Buyer.

If Trading Garage or its payment service provider is unable to collect the Buyer Service Fee using the nominated payment method, the Buyer must pay the outstanding amount by another payment method reasonably specified by Trading Garage.

A chargeback, payment dispute, reversal or similar process does not, of itself, cancel or discharge an amount properly owing to Trading Garage under these Terms.

10.4 Seller Withdrawal or Default Fee

A Seller may be required to pay Trading Garage a Seller Withdrawal or Default Fee where:

1. the Seller sells or agrees to sell an Item outside the Platform in breach of clause 5.5;
2. a sale is lost or does not complete because of a matter described in clause 6.11;
3. the Seller withdraws or cancels an Item after the Sales Process has commenced, except where Trading Garage expressly agrees in Writing that no Seller Withdrawal or Default Fee is payable;
4. the Seller refuses or fails to complete a Successful Sale after becoming legally bound to do so;
5. the Seller otherwise circumvents Trading Garage in connection with the sale of an Item in breach of these Terms; or
6. Trading Garage suspends, removes or terminates the Sales Process as a result of a material breach of these Terms by the Seller, including the provision of materially false, inaccurate or misleading information or a failure to disclose material information.

Where the Item had a Reserve Price, the Seller Withdrawal or Default Fee will be equivalent to the Buyer Service Fee that would have applied had the Item sold at the Reserve Price, subject to the minimum and maximum amounts specified in clause 10.1.

Where the Item was offered without a Reserve Price, the Seller Withdrawal or Default Fee will be $1,000 unless Trading Garage and the Seller have otherwise agreed in Writing.

The Seller Withdrawal or Default Fee must be paid within 7 days of Trading Garage providing written notice of the amount payable.

10.5 Unpaid Amounts and Interest

If any amount properly payable to Trading Garage under these Terms is not paid by its due date, Trading Garage may charge interest on the outstanding amount at the rate of 2% per month, compounded monthly.

Interest will:

1. commence one month after the amount became due and payable;
2. be calculated monthly on the outstanding amount, including any interest previously accrued;
3. be added to the outstanding amount at the end of each monthly period; and
4. continue to accrue until all outstanding amounts, including accrued interest, are paid in full.

If an amount was paid and subsequently reversed or charged back, that amount will be treated as outstanding from the date of the reversal or chargeback for the purpose of calculating interest.

10.6 Recovery of Unpaid Amounts

Trading Garage may take lawful steps to recover an overdue amount, including suspending or restricting the user’s Account and commencing debt recovery or legal proceedings.

A Buyer or Seller will only be responsible for legal, enforcement or recovery costs to the extent that those costs are lawfully recoverable from them, including where awarded by a court or tribunal.

10.7 Taxes and Currency

All fees payable to Trading Garage are stated and payable in Australian dollars and, unless expressly stated otherwise, are inclusive of GST.

Trading Garage is not responsible for any stamp duty, registration fees, transfer fees, taxes or other liabilities incurred by a Buyer or Seller in connection with the purchase or sale of an Item.

10.8 Changes to Fees

Trading Garage may change its fees from time to time by updating these Terms or otherwise notifying users in accordance with clause 12.

Any change to Trading Garage’s fees will not apply to a Sales Process that has already commenced.

11. Privacy and Cookies

11.1 Trading Garage collects, holds, uses and discloses personal information in accordance with its Privacy Policy and applicable privacy laws.

11.2 By creating an Account or using the Platform, you acknowledge that Trading Garage may collect, use and disclose your personal information as reasonably necessary to provide its services, administer the Platform, verify users and payment information, facilitate transactions between Buyers and Sellers, communicate with users, prevent or investigate fraud or misuse, enforce these Terms and comply with applicable legal obligations, in each case in accordance with the Privacy Policy and applicable law.

11.3 Trading Garage may disclose personal information to service providers and other third parties where reasonably necessary to provide its services, including payment service providers, identity verification providers, technology providers and professional advisers, in accordance with the Privacy Policy and applicable law.

11.4 The Platform uses cookies and similar technologies. Information about how Trading Garage uses cookies and how users may manage their cookie preferences is set out in the Privacy Policy.

12. Amendments

12.1 Trading Garage may amend these Terms from time to time where reasonably necessary, including to reflect changes to the Platform, Trading Garage’s services, fees, business operations, technology, security requirements or applicable laws and regulatory requirements.

12.2 Trading Garage will publish the current version of these Terms on the Platform and will identify the date on which that version takes effect.

12.3 Where an amendment is material, Trading Garage will take reasonable steps to notify registered users before the amendment takes effect, including by email, Account notification or another reasonable method of communication.

12.4 Unless a shorter period is reasonably necessary to comply with law, address a security issue or protect the Platform or its users, a material amendment will take effect no earlier than 14 days after notice is provided.

12.5 An amendment to these Terms will not:

1. apply retrospectively to a Sales Process that commenced before the amendment took effect;
2. alter the terms applying to a Successful Sale that occurred before the amendment took effect;
3. alter a fee that had already been earned or become payable before the amendment took effect; or
4. otherwise affect any right, obligation or liability that arose before the amendment took effect.

12.6 If you do not agree to amended Terms, you may stop using the Platform and close your Account in accordance with clause 3, subject to any outstanding transaction, payment, dispute or other obligation that arose before your Account was closed.

13. Governing Law

13.1 These Terms are governed by the laws of Victoria, Australia.

13.2 You and Trading Garage irrevocably submit to the non exclusive jurisdiction of the courts and tribunals of Victoria, Australia, and any courts entitled to hear appeals from them, in relation to any dispute arising out of or in connection with these Terms or Trading Garage’s services.

13.3 Nothing in this clause limits any right a person may have under a law that cannot lawfully be excluded or restricted.

14. Severability

14.1 If any provision of these Terms is found by a court or tribunal of competent jurisdiction to be unlawful, invalid or unenforceable, that provision is, to the extent possible and permitted by law, to be read down to the minimum extent necessary so that it is lawful, valid and enforceable.

14.2 If a provision cannot be read down in accordance with clause 14.1, the unlawful, invalid or unenforceable provision or part of the provision will be severed to the minimum extent necessary, and the remaining provisions of these Terms will continue in full force and effect.

14.3 A provision will not be read down or severed in a manner that would materially alter the nature or effect of the agreement between the parties.

15. Waiver

15.1 A failure or delay by Trading Garage to exercise or enforce any right, power or remedy under these Terms does not constitute a waiver of that right, power or remedy.

15.2 Any waiver by Trading Garage must be in Writing and will apply only to the specific right, breach or circumstance expressly identified in that waiver.

15.3 A waiver of one breach of these Terms does not constitute a waiver of any other or subsequent breach, whether of the same or a different provision.

16. Rights and Remedies

16.1 Except where these Terms expressly provide otherwise, the rights and remedies of Trading Garage under these Terms are cumulative and are in addition to any rights or remedies available under applicable law.

16.2 The exercise of one right or remedy by Trading Garage does not prevent Trading Garage from exercising any other right or remedy available under these Terms or applicable law.

16.3 Any rights not expressly granted to a Buyer, Seller or other user under these Terms are reserved by Trading Garage.

17. Definitions

In these Terms, unless the context requires otherwise:

Account means an account created with Trading Garage for access to or use of the Platform.

Verified Account means an Account verified and approved by Trading Garage that permits the user to submit Bids through the Platform.

Australian Consumer Law means the Australian Consumer Law contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth), as applied from time to time.

Basic Account means an Account that does not permit the user to submit Bids unless and until it is verified and approved by Trading Garage as a Verified Account.

Bid means a monetary offer to purchase an Item submitted by a Buyer through the auction style bidding functionality of the Platform during an Auction Period.

Business Day means a day other than a Saturday, Sunday or public holiday in Victoria, Australia.

Buyer means a person or entity who submits a Bid or Offer to purchase an Item through the Platform or through Trading Garage.

Buyer Service Fee means the service fee payable by a Buyer to Trading Garage under clause 10.1.

Content means any photographs, videos, documents, descriptions, comments, messages or other material uploaded, provided or otherwise made available to Trading Garage or through the Platform.

GST has the meaning given to that term in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Item means any road car, race car, motorcycle, number plate or other item accepted by Trading Garage for listing or sale through the Platform.

Listing means all information published or made available by Trading Garage in relation to an Item, including the written description, photographs, videos, specifications, documents, questions and answers, Seller responses, corrections, amendments and other updates.

Offer means a proposal by a Buyer to purchase an Item outside the live auction style bidding functionality, including during a Post Auction Negotiation Period.

Verified Offer means an unconditional Offer made by a Buyer with a Verified Account and expressly submitted or confirmed through Trading Garage or another method accepted by Trading Garage.

Platform means the Trading Garage website, applications, systems and related online services through which Trading Garage provides Listings, bidding, communications and other services.

Post Auction Negotiation Period means the 72 hour period immediately following the conclusion of an Auction Period in which an Item has passed in below the Reserve Price, during which Trading Garage has the exclusive right to facilitate and negotiate a sale in accordance with clause 2, together with any extension agreed in Writing between Trading Garage and the Seller.

PPSR means the Personal Property Securities Register established under the Personal Property Securities Act 2009 (Cth).

Purchase Price means the amount payable by the Buyer directly to the Seller for the purchase of an Item under a Successful Sale. The Purchase Price does not include the Buyer Service Fee.

Reserve Price means the minimum price agreed between Trading Garage and the Seller at which the Seller agrees to sell the Item, as that amount may be reduced or removed in accordance with clause 2.

Reserve Price Form means the form by which the Seller confirms the Reserve Price, or confirms that the Item will be offered without a Reserve Price, and agrees to proceed with the Sales Process on the terms stated in that form and these Terms.

Sales Process means the process for preparing, marketing and offering an Item for sale through Trading Garage, commencing when the Seller signs the Reserve Price Form and ending when:

1. a Successful Sale occurs;
2. if the Item passes in without a Successful Sale, the Post Auction Negotiation Period and any agreed extension expire; or
3. Trading Garage otherwise agrees in Writing that the Sales Process has ended.

Auction Period means the period during which an Item is open for auction style bidding through the Platform, commencing and ending at the times specified by Trading Garage and including any timer reset or other extension made in accordance with clause 2.

Seller means the person or entity on whose behalf an Item is submitted or listed for sale through the Platform, whether acting personally or through an authorised representative.

Seller Withdrawal or Default Fee means any fee payable by a Seller under clause 10.4.

Successful Buyer means the Buyer who enters into a legally binding contract with the Seller for the purchase of an Item in accordance with clause 2.

Successful Sale means a transaction in which a legally binding contract for the purchase and sale of an Item arises between a Buyer and Seller in accordance with clause 2, including:

1. where the highest Bid at the conclusion of an Auction Period meets or exceeds the Reserve Price;
2. where an Item is sold without a Reserve Price;
3. where the Reserve Price has been removed and the Item is subsequently sold;
4. where the Seller accepts the highest Bid after an Item passes in in accordance with clause 2; or
5. where a sale is effected or agreed during a Post Auction Negotiation Period in accordance with clause 2.

Terms means these Trading Garage Terms and Conditions, as amended from time to time in accordance with clause 12.

Trading Garage, we, us or our means Trading Garage Pty Ltd (ABN 46 645 346 434, ACN 645 346 434) of Level 2/18 Thomson St, South Melbourne VIC 3205.

User means any person or entity that accesses or uses the Platform or Trading Garage’s services, including a Buyer or Seller.

Writing, written or in writing includes email, SMS, electronic message, communication through the Platform or another electronic communication capable of being retained and reproduced.

You or your means the User who is accessing or using the Platform or Trading Garage’s services and, where the context requires, includes a Buyer or Seller.