Lot 68 1 X 2018 MCGORMICK GMAX 135 TRACTOR (PTO AND LIFT ARMS OPERATIONAL) STOCK NR: 1687

CONDITIONS FOR THE SALE OF MOVABLE ASSETS BY AUCTION

COMAUC shall have the right to control, regulate and record the auction, The recording of the auction shall be prima facie proof of the auction proceedings. ComAuc may, without penalty or prior notice, withdraw any item (s) from any group of assets (lots) on auction of any time before the sale thereof In respect of all lots offered for sale at the auction the highest acceptable bidder therefore shall be the purchases. In the event of dispute ComAuc may elect to appoint a purchaser or to re-auction the lots, ComAuc decision shall be final and binding in this regard. Special conditions pertaining to each auction ,and/or to any of the lots shall be announced prior to the commencement of or during the auction , or contained in the Buyer’s Guide applicable to each auction . The terms and conditions as contained in the Buyer’s Guide shall form part of the terms and conditions hereof, as if contained herein, and the Purchaser/Bidder hereby agrees to be bound thereto. The Purchaser shall be bound by all the terms and conditions specified during the announcements irrespective of whether he is present at the time of such announcements are made. On the fall of the hammer each sale shall be finally and irrevocably concluded, subject only to such suspensive conditions as may be applicable to the lots. Risk is and to the lots sold shall pass to the purchaser on the fall of the hammer irrespective of any terms contained in the Buyers's Guide, herein and announced at the auction ,if the terms are contradicting hereto. All sales are Voetstoots and the Purchaser shall be irrevocably deemed to have inspected and examined the lots and have noted all conditions and state thereof. Neither the Seller of the lots nor ComAuc give any warranties guarantees or make any representation in regards to the condition of state of any lots. The Bidder hereby acknowledges no warranties and representation has been made to him. ComAuc is not responsible for any errors of description of any lots. All bids made at the auction are deemed to exclude VAT and Purchaser’s premium. The Purchaser shall not to take delivery of the lots until payment of the full purchase price has been made to ComAuc and the Purchaser is in possession of a 'paid invoice' provided that in case of motor vehicles or other items requiring the completion and delivery of documents by the seller or any third party ComAuc shall not be obligated to deliver such lots to the purchaser until the relevant documentation ,duty completed and signed has been delivered to ComAuc. The Purchaser shall not be entitled to cancel the sale as a result of non-delivery or non-signature of the required documents timeously. ComAuc shall be entitled, in ComAuc Auctions sole discretion, without penalty to cancel sale should the required documents not be signed and delivered to ComAuc within 21(twenty one)days of the date on which the sale becomes unconditional. The purchaser shall bear the risk in and to lots remaining at ComAuc premises for any shortage or damage which may occur. The purchaser shall remove the lots from auction premises within 7(seven)days of the auction. In the event of any purchaser failing to pay the full purchase price and Buyer premium, of any lots (the 'sale Price'') within the applicable time (as per the relevant announcement),failing to remove the lots as aforesaid ComAuc shall have a lien over the lots and shall have the right to re-sell such lots without notice to the Purchaser. Should ComAuc re-sell such lots and should the net proceeds (after deducting commission for both auctions Abd all cost) be less than the sale price, the Purchaser shall forthwith upon damage pay to ComAuc Auctions as pre-estimated, liquidated damages such difference less any deposit forfeited. ComAuc Auctions shall under no circumstances be liable to the Purchaser for any losses or damages suffered by the Purchaser as a result of the termination of any sale concluded in respect of any lots or the failure or inability of ComAuc to deliver any of the lots. The Purchaser chooses as domicile citadel at executant for all purposes arising here from the physical address reflected above. The Purchaser consents to the jurisdiction of the Magistrate’s Court. In the event of it becoming necessary for ComAuc to take any action against the Purchaser agrees to pay all the attendants cost and expenses incurred as between attorney and own client. The Purchaser contents to the jurisdiction on the Magistrate’s Court. However, in the event of a claim exceeding the jurisdiction of the Magistrate's Court, ComAuc Auctions shall be entitled an action in any competent division of the High Court of South Africa if it elects to do so. In the even of the Purchaser breaching any of the terms and conditions contained herein, the Purchaser agrees to pays ComAuc Auction Legal costs on an attorney/client scale should ComAuc Auctions institute action the Purchaser. By signing this document the signatory hereby cedes, assigns transfers and makes over unto and in favour of the Seller and/or the auctioneer his/her/its right title and interest to all his/her/its movable property and if necessary immovable property registered in his/hers/its name, such as it sufficient to satisfy his/hers/its indebtedness to the seller and to the auctioneer. To this end the signatory hereby authorizes the sheriff of the High Court of his deputy in the jurisdiction of the High Court in which the goods in question were sold in terms of the auction, to act on his/hers/its behalf necessary to give effect to this clause and the terms and conditions set out herein. In the event of the signatory apposing any legal proceedings instituted in terms of this clause, any cost order oblicained against the signatory in any court of law shall be on the scale as between attorney and own client. Save for the announcement referred to above and terms and conditions contained in the Buyer’s Guide, no variations or amendments hereto shall be of any force of effect unless reduced in writing and signed by both parties. No indulgence which ComAuc Auctions may grant the Purchaser shall prejudice or constitute a waiver of rights of ComAuc Auctions or the seller who shall not thereby be precluded from exercising any rights against the purchaser which may have arisen in the past or might arise in the future. SURITY : The Signatory to this agreement blinds himself/herself as surety and co-principal debtor together with the company , close corporation, trust, association or any other entity reflected as ''company" and ''principal debtor'' on the face of the term of conditions set forth more fully above for the due fulfilment by the principal debtor's obligations an liabilities arising out of the sale of any goods to the principal debtor. In this regards the signatory as surety and co-principal debtor renounces the legal execution and division non numerate pecuniae, non causa debiti, errore calculi no value received and revision of account with which the signatory hereto is fully acquainted and understand.

 

Buyers and Sellers agreement to the Terms and Conditions:

1. Corne Du Plessis Safaris CC trading as CDP AUCTIONEERS will throughout this document be referred to CDP  AUCTIONEERS

 

2. In respect of sales by CDP AUCTIONEERS

 

1. 1. All goods (hereinafter referred to as the “assets”) are sold by CDP AUCTIONEERS as agent on behalf of the seller, who hereby authorizes CDP AUCTIONEERS to collect the purchase price from the buyer.
   2. These rules apply to bidders as well as sellers and the terms and conditions will be deemed to be accepted by them on completion of contracts and or with registration as a bidder.
   3. Special terms and conditions relating to each auction, and/or to any of the lots may be available and be announced prior to the commencement of the auction and/or during the auction itself. The Buyer and seller shall be bound by all the terms and conditions specified during the announcements irrespective of whether he/she/it is present at the time such announcements are made.
   4. CDP AUCTIONEERS accepts no liability for any withdrawal of goods and animals from the sale, or for any express or implied statements or guarantees which may be contained in catalogues or advertisements be given verbally by its agents or employees, or by the seller.
   5. Buyers and Sellers must acquaint themselves with the Animals Disease Act, 1984 (Act 35 of 1984). The Auctioneer and his agents act as the go between. Sellers must ensure that their animals are disease free especially of FMD before transporting any animals and delivering animals at the auction premises. It is the responsibility of the buyer to ensure that he is happy with the animal’s purchase and that they are free of disease, especially of FMD before loading any animals.
   6. Seller must act according to the Law on the Identification of Animals (act 6 of 2002) as it is compulsory to mark animals by ways prescribed. On delivery sellers have to provide a copy of their Animal Identification mark, proof of address, the seller’s ID as well as the Art 6-8 certificate/form filled in. No animals will be allowed that are not tattooed or branded.
   7. All sales are “voetstoots”. Lots are sold without any warranty on an as is basis as the goods are to be purchased at a public auction (that includes live, online and telephone bidding) as provided for under Section 55(1) of the Consumer Protection Act 168 of 2002.
   8. The obligation vest with the Buyer to acquaint himself fully as to the suitability for which the goods to be purchased is intended; the quality of the goods and the durability thereof with the property and with all its defects, whether latent or patent, no guarantees are given in this regard.
   9. The seller does not provide any warranties whatsoever on the fit-for-purpose condition or mechanical ability of any lot. It is recorded that the bidder has had an opportunity to inspect the lot (and thereby accepted the condition and state thereof) and has decided, of his/her own free will, to bid on a lot.
   10. The auctioneer shall not be personally liable in consequence of any representation made by him at or before the sale nor shall he be personally liable for breach of any warranty given by him, whether in regard to his authority to sell the property/assets in question or in regard to the quantity, quality or condition of the property in question.
   11. There is no duty on CDP AUCTIONEERS to affect any latent or patent repairs on any lot
   12. The Rules of Auction comply with Section 45 of the Consumer Protection Act, Act 68 of 2008 (The Act hereafter) which Section stipulates:
       1. In this section, ‘‘auction’’ includes a sale in execution of or pursuant to a court order, to the extent that the order contemplates that the sale is to be conducted by an auction.
       2. When goods are put up for sale by auction in lots, each lot is, unless there is evidence to the contrary, regarded to be the subject of a separate transaction.
       3. A sale by auction is complete when the auctioneer announces its completion by the fall of the hammer, or in any other customary manner, and until that announcement is made, a bid may be retracted.

 

Notice must be given in advance that a sale by auction is subject to:

1. 1. 1. 1. A reserved or upset price; or
         2. A right to bid by or on behalf of the owner or auctioneer, in which case the owner or auctioneer, or anyone person on behalf of the owner or auctioneer may bid at the auction.

 

1. 1. 4. Unless notice is given in advance that a sale by auction is subject to a right to bid by or on behalf of the owner or auctioneer –
         1. The owner or auctioneer must not bid or employ any person to bid at the sale.
         2. The auctioneer must not knowingly accept any bid from a person contemplated in paragraph (a); and c) the consumer may approach a court to declare the transaction fraudulent, if this subsection has been violated.

The Minister may prescribe requirements to be complied with by an auctioneer, or different categories of auctioneer, in respect of—the conduct of an auction; the records to be maintained with respect to property placed for auction; and the sale of any such property by auction. More info available of the Consumer Protection Act 68 of 2008 available at: www.info.gov.za.

 

3. Vehicles, machinery etc:

 

1. 1. Where a motor vehicle is auctioned, the auctioneer will inform or attach a notice to the lot with information if available
      1. The vehicle’s year of manufacture, if known.
      2. The vehicle’s year of first registration.
      3. The vehicle’s manufacturer and model designation
      4. The vehicle’s registration number.
      5. The vehicle’s engine number.
      6. The vehicle’s identification number (VIN).
   2. There is no duty on CDP AUCTIONEERS to affect any latent or patent repairs on any lot. Any lot sold at this auction is sold 'voetstoots' or 'as is’.
   3. The odometer reading, if available, stated on the notice is as read by CDP AUCTIONEERS and is not guaranteed. No obligations will be implied unless displayed in the notice.
   4.  The seller does not provide any warranties whatsoever on the fit-for-purpose condition or mechanical ability of any lot. It is recorded that the bidder has had an opportunity to inspect the lot (and thereby accepted the condition and state thereof) and has decided, of his/her own free will, to bid on a lot.
   5. The seller will advise the local vehicle licensing authorities of the change of ownership details and the onus is on the Buyer to register the vehicle within 21 (twenty-one) days (from the date of receipt of the delivery note from the seller) in the Buyer's name.

 

4. General Terms and Conditions:

 

1. 1. The sale by auction is subject to a reserve price, unless specifically stated to the contrary by the Auctioneer.
   2. Sellers commission and costs are applicable for the sellers account as agreed by the seller and CDP Auctioneers.
   3. Registration fee might be applicable for buyers at registration. Fee will be on advert or will be in the special terms and conditions.
   4. Buyers Commission applicable. The percentage buyers commission will be either on the advert, in the special terms and conditions and will be announced by the auctioneer.
   5. The Auctioneer shall at his own discretion be entitled to re-auction any lot should a dispute arise between the Auctioneer and the bidders over such a lot.
   6. The purchase price excludes VAT and VAT must be added to the purchase price and paid by the Buyer, unless specifically stipulated otherwise by the auctioneer.
   7. The Seller/s warrant that 1) it is the owner of the movable properties and 2) that the movable properties are unencumbered in any way whatsoever, either in part or a whole, and 3) that the movable properties are not subject to any lease, hire purchase or credit instalment sale agreement or any other agreement with a 3rd party or entity including but not limited to an agreement falling under the National; Credit Act 34 of 2005 and may lawfully be auctioned by CDP AUCTIONEERS.
   8. The Seller/s accepts and acknowledges that CDP AUCTIONEERS advertise the sale of listed assets, movable and/or immovable properties prior to the auction. Advertising budget is spent to attract a wide spectrum of buyers. Should items be withdrawn from the auction by the Seller/s, the Seller/s will be liable to pay to CDP AUCTIONEERS a 10% commission (excluding VAT) of the reserve price of the movable properties. The Seller/s shall in addition to this commission, be liable to pay to CDP AUCTIONEERS the pro rate advertising costs of any advertising done and/or placed by CDP AUCTIONEERS or charged to CDP AUCTIONEERS.
   9. The Seller/s chooses as his/her/its chosen domicile citandi et executandi for all matters arising here from, the physical address reflected above.
   10. The Seller/s shall not have any right, remedy or claim of any nature whatsoever against CDP AUCTIONEERS for any loss, damage (whether general, special or consequential), expense or injury which may be suffered by the Seller/s, directly or indirectly, arising out of or relating to this pre-auction contract, irrespective of whether or not such loss, damage, expense or injury shall have been caused by CDP AUCTIONEERS or any person for whose acts or omissions CDP AUCTIONEERS is vicariously liable. Without derogating from the generality of the a foregoing, CDP AUCTIONEERS shall have no liability to the Seller/s in respect of any such loss, damage, expense or injury which may be suffered by the Seller/s from any fire in or on CDP AUCTIONEERS Premises, or any theft from CDP AUCTIONEERS Premises, or arising out of vis major or casus fortuitous, or arising out of any act of omission of any employee, representatives and/or agents of CDP AUCTIONEERS which, or arising, in any manner whatsoever, out of the pre-auction contract.
   11. The Seller/s hereby indemnifies the CDP AUCTIONEERS and each of CDP AUCTIONEERS AUCTIONEERS’s employees, representatives and/or agent against any claim of any nature whatsoever which may be made against CDP AUCTIONEERS or any such employee, representatives and/or agent by any of the Seller/s servants, employees, agents, invitees, customers, dependents and/or contractors arising out of any event or cause of any action referred to in herein.
   12. Should any provision of this pre-auction contract [including any schedules and/or annexures (if any)] become unenforceable, such provision shall be severed from this pre-auction contract and the remaining provisions shall be of full force and effect.
   13. Words signifying the singular shall include the plural and vice versa.
   14. Any assets entered or offered for sale are subject to payment by the seller of the agreed commission, or in absence of agreement, the usual commission by the seller to CDP AUCTIONEERS at the rate customarily charged by CDP AUCTIONEERS from time to time, whether it was sold by auction or thereafter by the private treaty. Unless otherwise agreed in writing, commission shall become due and payable by the seller upon the fall of the hammer or upon the entering into of any private treaty involving the seller’s said assets, which ever date is the earlier and not withstanding any breach on the part of the seller. The seller authorizes CDP AUCTIONEERS to deduct commission before payment of any money to the seller.
   15. If it happens that the buyer does not pay and whether the transaction is cancelled for any reason, CDP AUCTIONEERS cannot pay a seller and will attempt to resell item.
   16. Payments to sellers will take place 7 working days after the auction date, after the invoice is signed by the seller.
   17. The purchase price is payable by the buyer to CDP AUCTIONEERS by electronic transfer (EFT) on the date of sale (the payment date) unless other payment terms are agreed in writing between CDP AUCTIONEERS and the buyer.
   18. In the event of any conflict between the contents of this document and the payment terms agreement, the provisions of the payment terms agreement shall prevail; no application for credit as defined in section 8 of the National Credit Act, Act 34 of 2005, will be received or considered by the CDP AUCTIONEERS.
   19. The buyer shall not be entitled to withhold payment of the purchase price to CDP AUCTIONEERS as a result of any possible or pending claim that he may have against the seller on the grounds of misrepresentation or for any other reason whatsoever.
   20. Any potential buyer must register and must be in possession of a buyer’s card.
       1. In an event where buyers must register at an auction, and such registered buyers allow another person to purchase on his buyer’s card, the registered buyer shall be liable for payment of such purchases. No bid by an unregistered buyer will be accepted by CDP AUCTIONEERS and the buyer will have no claim to any of the assets allegedly purchased by him
       2. Any person who purchases on behalf of a principal, must furnish CDP AUCTIONEERS with a “power of attorney” prior to the commencement of the sale. By failing to do that he will be personally liable for payment of any purchases made by him. The person bidding or signing on behalf of the buyer, pursuant to a successful bid, thereby binds himself personally as co-principal debtor with the buyer for payment of the purchase price and personally guarantees all the obligations of the buyer under these terms and conditions.
   21. Subject to any reserve placed on any of the assets by the seller and the provisions, the buyer at any sale shall be the highest bidder indicated by CDP AUCTIONEERS by the fall of the hammer or by such other means as he may select.
   22. Telephone bidding:
       1. Subject to a Buyer arranging with the Auctioneer before the auction and after completing the required documentation and paying the applicable registration fee, a Buyer bidding by phone deemed to accept these terms and conditions and to be bound and be bound thereby, shall then be permitted to bid by phone.
       2. The person who makes the bid by phone shall be deemed to be the buyer and shall be deemed to be personally liable for the payment of the purchase price.
   23. All assets shall, immediately after the bid is being knocked down, be deemed to have been delivered to the buyer. The sale shall be final and irrevocably concluded, subject only to any suspensive terms and conditions as may be applicable to the lot. Notwithstanding delivery, the buyer shall not be entitled to remove any purchased assets unless:
       1. The Auctioneers invoice in respect of such assets, has been paid in full and has cleared in CDP’s bank account. When buyers pay via EFT, payment release must be on the same day.
       2. The Buyer is in possession of a paid invoice and loading document.
       3. Provided that in the case all other items, including motor vehicle sales, requiring the completion and delivery of documents by the Seller or any third party, CDP AUCTIONEERS shall only be obliged to deliver such lots to the Buyer after the relevant original documentation has been duly completed and signed by the Seller or any third party, is in the possession of CDP AUCTIONEERS to hand over to the Buyer.
   24. The risk of profit and loss and the obligation of care devolve onto the buyer when the bid is knocked down.
   25. The buyer who shall at his own risk and expense, remove it from the sale venue.
   26. If the buyer doesn’t collect items within the agreed time, storage costs will be applicable. If items need to be removed from the premises. Al the costs will be for the buyer.
   27. The bidder is buying by piece to take the lot unless otherwise announced by the auctioneer.
   28. Once a bid has been made, it may not be withdrawn, unless it has been made and accepted in error by the auctioneer.
   29. It is the responsibility of the bidder to ensure that he is fully aware of the lot and the specific goods or animals or items he is bidding on.
   30. Should a cartage contractor remove any assets from the sale venue on instruction of CDP AUCTIONEERS, the contractor will be deemed an agent of the buyer who accepts all costs and risks connected with such removal.
   31. The Buyer shall not be entitled to cancel the sale as a result of there not being timeous delivery or signature of the required documents. The Buyer irrevocably waives his/her/its rights in this regard.
   32. CDP AUCTIONEERS shall be entitled, without penalty, to cancel the sale should the required documents not be signed and delivered to CDP AUCTIONEERS within 21 (twenty-one) days of the date on which the sale becomes unconditional the said 21-day period may be extended by CDP AUCTIONEERS for a further 14 (fourteen) days in CDP AUCTIONEERS’s sole and absolute discretion.
   33. In the event of any Buyer failing to pay the full purchase price of any lots (“the sale price”) within the applicable time (as per the relevant announcement), and/or failing to remove the lots as aforesaid, and/or otherwise failing to comply with any of these terms and conditions, then, without prejudice to any other rights which CDP AUCTIONEERS enjoys, the Buyer shall be irrevocably forfeited to CDP AUCTIONEERS any deposit paid by the Buyer, for and on the Buyer’s behalf. CDP AUCTIONEERS shall in addition, have a lien over the lots and shall have the right to re-sell such lots without notice to the Buyer. Should CDP AUCTIONEERS re-sell such lots and should the net proceed thereof (after deducting commission and all costs incurred or to be incurred by having to re-sell the lot(s), be less than the sale price, the Buyer shall forthwith upon demand pay CDP AUCTIONEERS, as pre-estimated, liquidated damages, such difference, less any deposited forfeited. This shall be without prejudice to the Seller and/or CDP AUCTIONEERS’s rights to claim all amounts/damages which it/they may claim in law.
   34. CDP AUCTIONEERS shall, under no circumstances, be liable to the Buyer for any losses or damage suffered by the Buyer as a result of the auction or termination of any sale concluded in respect of any lots in question, and/or the failure or inability of CDP AUCTIONEERS to deliver any of the lots.
   35. The Buyer chooses as his/her/its chosen domicilium citandi et executandi for all purposes arising here from, the physical address reflected above.
   36. The Buyer consents to the jurisdiction of the Magistrates Court. CDP AUCTIONEERS shall be entitled to institute an action in any competent division of the High Court of South Africa if it elects to do so.
   37. In the event of it becoming necessary for CDP AUCTIONEERS to take any action against the Buyer, the Buyer agrees to pay all the attendant costs and expenses incurred, including all legal costs incurred as between attorney and own client, should CDP AUCTIONEERS institute legal proceedings against the Buyer.
   38. The auction shall take place under the exclusive control of CDP AUCTIONEERS. CDP AUCTIONEERS reserves the right, in its sole discretion, to refuse the bid of any person, to regulate the bidding, to indicate the highest bidder and to vary the order of the sale at any time without giving reasons, therefore. If the auctioneer suspects that a bidder has not made a bona fide bid or is unable to pay the purchase price or has not made satisfactory arrangements for payment of the purchase price, he may refuse to accept the bid of such bidder or accept it provisionally until the bidder has satisfied him that he is in position to pay the purchase price or that he has made satisfactory arrangements for payment thereof. On refusal of a bid under such circumstances the assets may immediately be re-auctioned.
   39. CDP AUCTIONEERS shall not be liable for loss or damage caused to or sustained in respect of any action by CDP AUCTIONEERS or its helpers, employees or agents, notwithstanding an undertaking to care for attempt to, to dispatch or deliver the assets.
   40. The Buyer indemnifies CDP AUCTIONEERS against any claims or damages the Buyer may suffer relating to the lots, including but not limited to any errors of description of any of the lots.
   41. The buyer shall, prior to the sale, ascertain whether there are any defects in the assets and any bid by a buyer shall be considered as acceptable for the assets with any patent or latent defects in their condition at the time of sale.
   42. CDP AUCTIONEERS reserves the right to refuse any cheque as payment.
   43. Notwithstanding delivery, ownership of the purchased assets will not pass to the buyer until the full purchase price plus interest, if payable, is paid.
   44. Until all amounts owing by the buyer had been paid in full, the buyer hereby:
       1. Irrevocably undertake to identify the purchased animals in such a manner that he can at any time identify and indicate the assets deemed to be the property of and pledged to, CDP AUCTIONEERS.
       2. Grants CDP AUCTIONEERS access at all reasonable times to the premises where the assets are stored for the purpose of perfecting its pledge and exercising any other rights in terms of these terms and conditions.
   45. The entries made in the CDP AUCTIONEERS auction roll shall be prima facie evidence of the transaction and shall be binding on the seller and buyer.
   46. Only representatives of CDP AUCTIONEERS are entitled to control and load items or animals out. Sellers and buyers are not allowed to do it themselves. No items or animals will be loaded during the auction.
   47. Any agreement contrary to these conditions of sale shall not be binding unless it is confirmed in writing and signed by the management of CDP AUCTIONEERS.
   48. The Buyer and Seller hereby acknowledges and confirms that he has read and understands all the foregoing conditions and in particular that he/she binds himself as surety for any principal for and on whose behalf, he may be purchasing goods at the auction.

 

 

5. Online Sale Specific Terms and Conditions

 

1. 1. There is a 1.15% (VAT inclusive) internet surcharge payable by the buyer on the hammer price.
   2. CDP AUCTIONEERS’s Auctioneering Services’ Standard Terms and Conditions will apply to all lots, unless in contradiction with any terms set out in the Special Rules of Auction in which case the provisions of the Special Rules of Auction will apply. Posted on: www.cdpauctioneers.co.za
   3. Goods sold by auction will be subject to a reserve price; however, goods presented for auction on the “Timed Auction” will have a minimum starting bid price which will be indicated on the online bidding platform. Any bid at or above the minimum starting bid price will be subject to confirmation.
   4. The minimum bidding increment may vary per lot but is specified on the online bidding platform.
   5. In respect of lots on the TIMED ONLINE AUCTION, the following additional terms and conditions will apply:
      1. Subject to the paragraph below, lots on the timed auction will close as per the specified date and time per lot as advertised on the online bidding platform.
      2. A lot will not close if a bid is received on the lot within a period of 2 minutes before the closing time as published. In this event, the closing time on the lot will automatically be extended for a further period of 2 minutes. The lot will only close if a final bid on the lot stands alone for a period of 2 minutes.
      3. The “fall of the hammer” on a lot for the purposes of the timed auction is defined as the date and closing time published on the online bidding and/or the Sellers’/ Auctioneer public website, alternatively at the date and time a final bid on a lot stands alone for a period of 2 minutes, whichever occurs last.
   6. In respect of lots on the LIVE ONLINE AUCTION, the following additional terms and conditions will apply:
      1. This auction is live online with an auctioneer who will auction each lot.
      2. Buyers follow online by listening to the auctioneer and will also see the bidding on the screen.
      3. Buyers must register to take part in the auction, and they bid online.
      4. The auctioneer will close the bids and his decision is final.
   7. Once a bid is made it cannot be withdrawn.
   8. Neither the Auctioneer, the Sellers’ or the Auctioneer’s representatives will be liable for any failure in connectivity or software while using the online bidding platform.
   9. Neither the Auctioneer, the Seller nor the Auctioneer of Sellers’s representatives will be liable for software failure of any nature.
   10. Availability of goods and loading periods will be indicated on each lot.
   11. Buyers will receive invoices by mail and goods must be paid within 24 hours after closing of the timed auction.
   12. Cost for transport and insurance of the goods will be for the Buyer’s own account, unless otherwise stated on each lot.

 

6. Online Sales-Auctions: Terms and Conditions

 

6. 1. This electronic trading platform will be conducted within the framework of the rules listed below and other provision that may be added by the administrator via e‐mail or as posted www.cdpauctioneers.co.za
   2. This website and the materials provided to you through it are protected by copyright, trademark and other intellectual property rights and laws throughout the world.
   3. You may access and use this Website solely for the purposes of use connected with the Services.
   4. All contents of this Website including, but not limited to, the text, graphics, links and sounds are owned by CDP AUCTIONEERS CC and may not be copied, downloaded, distributed or published in any way without their prior written consent, except that You may print, copy, download or temporarily store extracts for your personal information or when You use the Services.
   5. The Buyer(s), The Sellers and CDP AUCTIONEERS agree that the terms listed below shall govern each and every online sale.
   6. You are required to register as a user by completing the online "User Registration Page" on the Website and submitting it to CDP AUCTIONEERS.
   7. You agree to ensure that your registration details are true and accurate and to update any details when necessary via the Website.
   8. You may not use fake or fraudulent details to create an account to gain access to any function that CDP AUCTIONEERS offers on this site.
   9. All registration information the Buyer and Sellers provide to CDP AUCTIONEERS shall be current, complete and accurate.
   10. All Buyers must be 18 years of age or older. The Buyer agrees to not use any device, software or routine to interfere or attempt to interfere with the proper working of any transaction being conducted on and during any sale.
   11. Passwords. You (the registered user) are solely responsible for keeping your personal username and password secure and confidential. You should not disclose your username or password to any other party. Once logged on using your username and password whether authorised or unauthorised, you take full responsibility for the ensuing transactions once access to the site is obtained. If you believe that your username and/or password have been compromised or you are aware of any other breach of security regarding the Site, then you must notify us (CDP AUCTIONEERS) immediately.
   12. For all sales, settlement for payment for purchases must be made by electronic transfer of funds and made payable to CDP AUCTIONEERS. Account details will appear on all invoices and statements. All sales are subject to appropriate Sales Tax laws
   13. Buyers from neighbouring countries acknowledge and agree that they may participate with written permission in advance. CDP AUCTIONEERS retain the right to demand a deposit on the intended purchase price. Buyers from neighbouring countries acknowledge and agree to submit in writing proof of an agreement with a quarantine station that will collect and keep such animals until time of export thereof.
   14. Buyers must acknowledge and agree that they will not and cannot retract their purchase offer. Buyer shall be responsible for making all arrangements for merchandise pick‐up and/or removal per specific terms or conditions listed for sale. Please note that some removal times are short, be aware of removal times when you buy.
   15. The descriptions of items/lots appearing on the platform and in advertising prior to the trading takes place are believed to be correct. Nevertheless, neither those descriptions nor any oral statements made by Owner/Seller or CDP AUCTIONEERS and employees concerning any item/lot shall be construed as a warranty, either expressed or implied.
   16. ITEM/LOTS ARE ALL SOLD AS IS ‐ ‐ WHERE IS – HOW IS and WITH ALL FAULTS, known, apparent or otherwise.
   17. Buyer acknowledges that all items/lots were available for video inspection prior to the sale and were satisfied. By these terms, Administrator and Owner/Seller strongly encouraged Buyer to carefully inspect each item/lot in which Buyer had any interest to determine the item/lot’s nature, quality, condition, sex percentages, quantity, size and grade.
   18. All Buyers rely solely on their personal inspection and not on information listed on the Site or otherwise provided by CDP AUCTIONEERS and employees or Owner/Seller. Buyer’s failure to inspect, or otherwise to be fully informed as to the nature, quality, condition, quantity and size of any item/lot will not constitute grounds for any claim, adjustment, refund, termination of the contract for sale, or refusal to close the sale, against CDP AUCTIONEERS or Owner/Seller.
   19. Therefore, if the Buyer is unsure – Do not Buy. The Site User Agreement constitutes the final expression of the parties’ agreement and a complete and exclusive statement of the terms of the sale. The IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE SPECIFICALLY EXCLUDED from this sale and transaction and shall NOT apply to the merchandise that is the subject of these sales.
   20. CDP AUCTIONEERS do not have 100% control over the items/lots that are posted in the Site and cannot guarantee the authenticity and quality of all said products / lots on offer. If there is any clear misrepresentation from the Seller in terms of, but not limited to, health, quality, quantities, sex percentages or weight the Buyer needs to inform CDP AUCTIONEERS immediately.
   21. CDP AUCTIONEERS will then either.
       1. Negotiate with the seller for a different price or.
       2. Cancel the sale agreement in total.
   22. If CDP AUCTIONEERS in its sole discretion decides to cancel the sale, CDP AUCTIONEERS will/can.
       1. Put the lot up for sale again.
       2. Retain first right of refusal on any / all Lots presented on its sale.
   23. CDP AUCTIONEERS is not responsible for the actions the Owner/Sellers and Buyers take before, during, and after the sale, typographical errors, misprints, loss of merchandise/money, damage or failure of equipment, due to your visit to this sale site. Use of this site is at your own risk.
   24. Despite efforts to avoid the withdrawal of items/lots from the sale after they are listed it may sometimes be necessary. No adjustment will be made regarding merchandise/inventory after the item/lot has been removed from the premises or after the removal date posted by CDP AUCTIONEERS whether the property has been removed.
   25. CDP AUCTIONEERS reserves the right, for any reason, in their sole discretion, to terminate, change or suspend any aspect of any sale.
   26. CDP AUCTIONEERS reserves the right to hold and resell any asset or lot not paid for in full by the Buyer within 24 hours.
   27. Failure to pay for item/lots bought on this online sale will result in legal action against Buyer by either the Owner/Seller and/or CDP AUCTIONEERS. Further, the Buyer may be banned from any future sales, which is solely in CDP AUCTIONEERS’ discretion.
   28. CDP AUCTIONEERS reserve the right to reject any and all transactions, if they so choose.
   29. The final buyer shall be designated at the end of each sale. CDP AUCTIONEERS’ designation of the Buyer shall be final.
   30. As a Buyer, placing a bid/ buy / purchase is a binding contract between you and the Owner/Seller/CDP AUCTIONEERS and the buy/purchase cannot be retracted unless a director of CDP AUCTIONEERS cancels the transaction by informing the Buyer and Seller thereof.
   31. Once you place a bid and are shown/indicated that you are the successful buyer, you will be obligated to buy the product at the said price you indicated as your bid/buy.
   32. Placing a bid/buy on this Site and being indicated/shown as the Buyer and then not paying for the product could be illegal, and prosecution can result. CDP AUCTIONEERS reserves the right to judge each case on its own merit and reserves the right to cancel any sale transaction at its discretion.
   33. CDP AUCTIONEERS reserve the right to cancel or withdraw any lot / offer at any time before, during or after the sale. CDP AUCTIONEERS reserve the right to reject any and all buys / offers to buy in their sole discretion without giving any explanation.
   34. Buyer will be furnished with an electronic receipt at the conclusion of every sale. Buyer must therefore provide CDP AUCTIONEERS with Buyer’s current, correct e‐mail address, phone number, and physical address. SILENT- and LIVE WEBCAST AUCTIONS when items or animals or items are not physically at the auction:
       1. Livestock and or any other animal or item bought through Silent Auctions, becomes the full responsibility of      Buyer as well as the risk goes over to the Buyer at the time of removal from:
          1. Sellers physical address given for the specific auction, or
          2. on delivery at the agreed designated delivery point or
          3. When loaded on the agreed transport between seller and buyer.
          4. Removal is at the expense, risk, and liability of the buyer. Any buyer            who has someone, other than himself pickup his purchase, must notify CDP AUCTIONEERS in writing.
       2. If animals or items are not loaded within 7 days after the starting date and time of the auction, the risk will be transferred to the buyer.
       3. Animals or items must be loaded within 7 days after the auction. Before loading, all sellers must be in possession of a written authorization from CDP AUCTIONEERS that lots have been sold, and payment was made. After payment, the buyers will receive a removal document from CDP AUCTIONEERS confirming that payments were made on lots bought.
       4. Buyers must make sure about delivery and pick-up points of lots bought, as well as date and time when sellers might transport animals or items to designated locations. This will vary for each auction and each seller or lot. Make sure you are fully aware of this.
       5. Any items that are not available from CDP AUCTIONEERS for any reason will be refunded at the rate of purchase if payment has been made.
       6. Owner/Seller and CDP AUCTIONEERS agree that merchandise may remain on the sale premises for a period following the sale. The date by which all animals that were bought must be removed from the premises is posted on a sale‐by‐sale basis, on the specific sale page.
       7. The Seller agrees that he will do everything possible and grant access for the Buyer to collect animals bought on this site.
       8. Failure by the seller to allow the Buyer to collect items sold through CDP AUCTIONEERS can result in legal action against the seller.
   35. With Live webcast auctions when animals or items are at the auction physically: The risk goes over to the buyer on the fall of the hammer.
   36. It is the buyer’s responsibility to make the necessary arrangements for taking care of the animals and the removal of them after the auction.
   37. It is the responsibility of the seller and buyer to make sure they have the necessary permits and documents to transport animals or items.
   38. Transport arrangements are between sellers and buyers, and it is their responsibility to insure the items or lots in transit. CDP AUCTIONEERS TAKES NO RESPONSIBILITY or risks for any transport arrangements.
   39. Sellers and buyers can take out insurance on animals or items.
   40. After the final removal date, unless previous arrangements have been made, there will be a storage fee charged, per day, per item/lot to the Buyer on any lots not fully removed.
   41. It is the responsibility of the buyer to completely remove any animals or items purchased by him and should any part of any such lot of animals be abandoned, the buyer will be liable for any expense involved in its removal.
   42. CDP AUCTIONEERS can / will at its own discretion request a deposit from Buyers before they can make a bid in order to buy / Purchase.
   43. CDP AUCTIONEERS gathers information about Buyers and Owner/Sellers for the purpose of conducting online sales only.
   44. CDP AUCTIONEERS do not, and will not, sell or rent this information. CDP AUCTIONEERS uses email mailing lists to notify its customers about online and live sales. If you are receiving a mailing and wish to discontinue receiving future mailings, simply forward the received email to CDP AUCTIONEERS to have your name promptly removed from our list.
7. Compliance with FICA requirements:
   1. All SELLERS and BUYERS are required to comply with the provisions of the FICA legislation.
   2. Accordingly, all parties will be required to provide CDP AUCTIONEERS with (as the specific instance outlined below may require) the following:
      1. DEALERS/COMPANIES (Close corporation / (Pty) Ltd)

• Utility Bill with current business address (not older than 3 months)
• Resolution letter confirming the registered representative/s can buy on behalf of the company
• SARS letter with VAT Number (Notice of registration)
• Owner’s ID Copy (all partners and members) as well as proof of private residential address (e.g., utility bill not older than 3 months)
• Proxy details/BRN certificate/Dealer stocking certificate/Traffic Register certificate (from the License Department)
• Proxy and representative’s ID copies
• Copy of Original CK/CM documents (to confirm the identity of all members or directors) PLEASE NOTE THAT PRINTOUTS SUCH AS WINDEED, DEED SEARCH etc WILL NOT BE ACCEPTABLE.
  1. 2. SOLE PROPRIETORS

• Utility Bill with current residential address (not older than 3 months)
• Owner’s ID copy
• Letter on a company letterhead confirming the existence of the business as a sole proprietorship.
• If registered for VAT, SARS letter with VAT Number (Notice of registration)
  1. 3. PARTNERSHIPS

• Partnership agreement
• Partners’ ID copies and Proof of residential address (not older than 3 months)
• SARS letter with VAT Number (Notice of registration)
• Proof of business address (not older than 3 months)
•    Resolution letter (authorizing representative to buy on behalf of company)
• Proxy details/BRN certificate/Dealer stocking certificate/Traffic Register certificate (from the License Department)
  1. 4. PRIVATE BUYERS

• Utility Bill with current residential address (not older than 3 months)
• Registered buyer’s ID copy
  1. 5. TRUSTS

• Trust Deed.
• Letter of authority issued by the master of the high court.
• Authorization letter to buy on behalf of trust.
• Tax clearance certificate (if vat registered).
• ID’s of all trustees.
• Proof of address of all trustees (not older than 3 months).
• Proof of address of the trust (not older than 3 months)
  1. 6. NOTES:

• An affidavit may be submitted to confirm residence for those buyers that are residing or operating at someone else’s premises together with the premise owners ID copy.
• A marriage certificate for spousal address confirmation.
• Lease agreement for those renting from agencies.
• Passport copy, valid visa copy, traffic register certificates for foreign buyers.
• Driver’s licenses are not accepted as a form of identification (Bar coded ID Document)