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Unity Mining Auction CATALOGUE ~ 26 May 2011 Page 12/12<br />

CONDITIONS OF SALE<br />

1. That the highest bidder shall be declared the purchaser, the Vendor reserving the right to bid either by the Auctioneer or<br />

Vendor's agent, or to decline the offer for any of the lots, and if any dispute arises, the lot shall, at the option of the<br />

Auctioneer, be put up again and re-sold.<br />

2. That each bid shall be at least five percent in advance of the previous one, and no one will be allowed to retract his bid<br />

after once made. The Auctioneer reserves the right, at his absolute discretion to determine what constitutes a valid bid.<br />

3. The Auctioneer may refuse to accept any bid or withdraw any lot from the sale.<br />

4. That if requested by the Auctioneer the purchaser shall give the Auctioneers, as Agent for the Vendor, a deposit of at<br />

least 10 percent of the purchase price on the fall of the hammer, or the whole if demanded, and the remainder of the<br />

purchase money, in cash, certified bank cheque or telegraphic funds transfer immediately after the sale.<br />

5. All payments to be made by cash, certified bank cheque, telegraphic or electronic funds transfer to Unity Mining Limited<br />

for Lots sold.<br />

6. The whole of the lots having been on show for inspection, no allowance will be made, nor will any buyer be permitted to<br />

reject any lot on the pretence that it is not correctly described in the catalogue and the said lots are to be taken with all<br />

faults, at the buyer’s risk on the fall of the hammer.<br />

7. No lots are to be removed during the sale and the lots sold may only be collected after the buyer has obtained from the<br />

Auctioneers a completed Invoice detailing Lots purchased and paid in full for the lots in cash, bank cheque, telegraphic<br />

transfer or electronic funds transfer of cleared funds. All goods purchased must be removed by the purchaser no later<br />

than 4:00pm on Wednesday 1 June 2011. Access to the site must be arranged with Mr David Hawkes 0427 505 871.<br />

Unless alternative arrangements have been made with the vendor, any goods not removed by the due date will be<br />

deemed to have been abandoned. Unity Mining Limited reserves the right to limit and schedule access to the Mine site<br />

and items may only be moved and removed under the direction and authority of Mr Hawkes or his delegate.<br />

8. Upon any Purchaser failing to comply with any of the above conditions, any money deposited in part payment shall be<br />

absolutely forfeited to the Vendors, and all lots uncleared shall be sold by Public Auction or Private Contract and the<br />

deficiency (if any) on such sale, together with all costs and charges, shall be made good by the defaulter at this sale.<br />

9. Any monies outstanding at the termination of the sale, or payable as a result of any re-sale under Condition 8 herein,<br />

shall be payable to CURNOW DYETT, 1st Floor, Killians Walk, Queen Street, Bendigo, Vic. 3550.<br />

10. The Auctioneer will not hold himself responsible for any action that may arise in as much as he is acting solely as Agent<br />

for the Vendor.<br />

11. The Vendors or Agent shall not be held responsible for any accident to any person sustained prior to or during the period<br />

of the Sale or during the removal of any of the goods. Members of the public attend at their own risk.<br />

12. The items listed were available for sale at the date this catalogue was prepared. The Vendor and Agent accept no<br />

responsibility or liability for any loss incurred by any person if any item which has been advertised for sale is withdrawn<br />

from the auction prior to and including the day of sale.<br />

13. The Auction will be conducted on a GST exclusive basis. All auction knock-down prices are GST exclusive and<br />

10% GST will be added to the knock-down price when the sales invoice is issued.<br />

14. All motor vehicles are sold unregistered and without Roadworthy Certificates. Vehicles previously registered in Victoria<br />

will require a Roadworthy Certificate to be re-registered and the obligation will be on the purchaser to obtain such<br />

Roadworthy Certificate. Unity Mining Limited makes no representation as to the roadworthiness or condition of any<br />

vehicle sold.<br />

15. All available maintenance records and documentation for plant and vehicles sold will be made available for inspection on<br />

the Inspection Days but Unity Mining Limited makes no representation as to the condition or fitness for use of any item<br />

sold. Buyers must rely on their own investigations and assessments of all plant and vehicles for auction.<br />

16. INDUSTRIAL SAFETY WARNING<br />

The Occupational Health and Safety Act 2004 and Occupational Health and Safety Regulations 2007 impose<br />

obligations in respect of safety for workers. The Auctioneer warns buyers that it is the BUYER’S OR USER’S<br />

RESPONSIBILITY to ensure that any plant is brought to a standard necessary to comply with the Occupational Health<br />

and Safety Act 2004 and Regulations, and is safe and fit for use in a workplace. The Vendor provides no warranty to the<br />

Buyer that the plant complies with any Commonwealth, State of Territory Act or Regulations.<br />

17. The Vendor and Agent reserve the right to make any changes to the Conditions of Sale, which they deem necessary, up<br />

to and including the day of sale.

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