Thanks for bringing that to light.
Depending on the communication transpired between the two parties will determine if a contract exists, hence quite possible some cases can be won but not for most ebay auctions.
The Tender Process
Before entering into a contract, a government agency and potentially the private sector that requires the provision of goods or services will often issue a Request for Tender. A Request for Tender is โa published notice inviting suppliers who satisfy the conditions for participation to submit a tender in accordance with requirements of the request for tender and other request documentationโ. Suppliers interested in providing those goods or services will then submit a Tender, otherwise known as โa price, bid, offer, quotation, consultant proposal or expression of interestโ. The purpose of the tendering process is for the Requestor to locate a preferred Supplier in order to enter into a contractual relationship for the provision of the goods or services.
It is apparent, therefore, that the Tendering Process precedes the contractual relationship. A Request for Tender, for the purposes of contract formation, is not an offer. Instead, it is an Invitation to Treat, or, in other words, a โrequest to negotiate or make an offer with a contract in mindโ. As such, in Pratt Contractors Ltd v Palmerston North City Council, it was found that โthe starting point is that a simple uncomplicated request for bids will generally be no more than an invitation to treat, not giving rise to contractual obligationsโ.
This reality poses a number of problems for Suppliers, who, unless their Tender is accepted, have no apparent contractual rights. In an economy where the cost of preparing a tender is constantly increasing, this is particularly unnerving. The Courts have accordingly realised that โthis approach to the tendering process simply does not accord with the partiesโ legitimate expectationsโ, and as such, have formed the institution of the โProcess Contractโ.
The Process Contract
The Process Contract is separate from the Tender Contract. The Tender Contract is formed when a Requestor decides upon a particular offer from one Supplier. The Process Contract essentially exists solely to protect the โintegrity of the bidding systemโ. The Process Contract applies to both public and private tendering, and creates โbinding obligations on the party calling for tenders to evaluate each tender in a certain wayโ. However, Process Contracts are not automatic, with their existence dependant โupon a consideration of the circumstances and the obligations expressly or impliedly accepted".
(And then there were 3. Waves to fellow muskateers. Sad we lost one, here in spirit though) 
Looks like I missed the fun.
@imastawka wrote:Someone's bid on that weary trampoline - 99c (tippy, was it you, you devil?)
I wanna see it posted for $10.05 standard postage
This could brighten up the week somewhat
Not guilty! I was tempted though. I still might yet. The seller won't know the winners location until sale. If I won it I would pay immediately. After all, he does say he'll post it!! ๐
@imastawka wrote:
Not a punching bag apparently - it's a boks bag
Postage is very reasonable on all those items
What size satchel will those exercise machines fit in, ya think?
I think the "excercise" machines should fit neatly into a 500g satchel. I wonder if he would post it express? I need to get fit, so temped to buy that one too.
@padi*0409 wrote:tippy, is a "weary trampoline" something that an old fella like me can fall asleep on??????
SpoilerWhilst watching paint dry.........................................G'day Stalks.........................
Get your eyes off it Padi, it's mine, mine, mine. Mine I tell ya! If you outbid me, I won't be happy.
*tippy*toes* wroteGet your eyes off it Padi, it's mine, mine, mine. Mine I tell ya! If you outbid me, I won't be happy.
Ouch......................................hahahahaha
The exercise gear is in the books category and the shake bottles which he apparently has 70 of are pick up only. 
