All sales by Clive Gardner Auctioneers, where livestock and/or goods (hereinafter referred to as goods) are offered for sale or are sold, take place subject to these terms and conditions of sale which shall be binding on all buyers.
- The auctioneer reserves the right to amend or supplement these terms and conditions by way of verbal notice and the amended or supplemented terms and conditions will then be applicable to this agreement or the relevant part thereof.
- All sales shall strictly be by way of cash or bank guaranteed cheque.
- Should a purchaser wish to make payment by any other method other than by way or cash or bank guaranteed cheque, the necessary arrangements must be made with the auctioneer prior to the sale and the auctioneer may in his sole discretion, refuse any such requests. The purchaser shall be liable to pay interest on all delayed and/or late payments at the then prevailing prime rate plus 4% p.a. from the date of sale to date of payment of the full outstanding amount.
- Should the auctioneer accept any other method of payment other than by way of cash or bank guaranteed cheque, ownership of the goods shall not pass to the purchaser until the purchase price has been paid in full, notwithstanding the fact that the auctioneer may allow the purchaser to take delivery of the goods and to remove same.
- No good may be removed unless payment therefore has been made in full by way of cash or bank guaranteed cheque, and where the purchaser has arranged for payment in terms of clause 3 above, before such purchaser has signed all the necessary documents which the auctioneer might require such purchaser to sign.
- Should the purchaser have removed the goods without having paid the full purchase price and such goods are removed in terms of an agreement reached between the auctioneer and the purchaser in terms of clause 3 above, and the purchaser fails and/or refuses to make any payment on due date as agreed with the auctioneer, the auctioneer and/or the seller shall be entitled to immediately take possession of the goods.
- Should the purchaser oppose any attachment and/or repossession of the goods by the auctioneer and/or should it be necessary for the auctioneer and/or the seller to institute legal action for such attachment and/or repossession and/or for payment of any outstanding amounts in terms hereof, the purchaser shall be liable for payment of all legal costs on a scale as between attorney and our client. The purchaser hereby consents in terms of section 45 of the Magistrate’s Court Act to jurisdiction of the Magistrate’s Court for the purpose of any legal proceedings arising from this agreement.
- Should the auctioneer and the purchaser reached an agreement with regards to payment as set out hereinbefore, and the auctioneer allows the purchaser to remove the goods, the purchaser hereby undertakes not to sell/dispose of/alienate or in any manner encumber the goods.
- Notwithstanding the fact that ownership in the good is reserved until payment of the full outstanding purchase price, all risk of whatsoever nature in and to the goods, shall pass to the purchaser on acceptance of the purchaser’s offer by the auctioneer, and the purchaser shall, if the auctioneer should so demand, deliver proof on such date as the auctioneer might require, that such goods have been insured for an amount equal to the outstanding amount due by the purchaser to the auctioneer.
- From the moment of acceptance of the purchaser’s offer by the auctioneer, all risk of whatsoever nature in and to the goods, shall pass to the purchaser.
- The purchaser acknowledges that the goods are sold voetstoots and that the Auctioneer shall not be bound by any guarantee or representation of whatsoever nature which he may made before the sale.
- The purchaser acknowledges that he has received the goods described on the reverse side hereof, that these are the goods he did indeed buy, that he is satisfied on all accounts with the conditions and/or quality thereof and that they are suitable for the purpose for which he bought them.
- The auctioneer shall not be responsible for any damage caused by or the goods while under his supervision or the supervision of the employees, irrespective of whether such damage was caused by negligence on the part of the auctioneer and/or his employees or whomsoever. For the purpose hereof, damage also means and/or includes infection and/or an ailment of whatsoever nature to any livestock which may have arisen on or before the sale.
- No bone fide mistake made by the auctioneer shall be binding on the auctioneer or the purchaser.
- The auctioneer does not guarantee toward the purchaser that the purchaser will obtain the right of ownership in the goods or that he will obtain and/or retain free and undisturbed possession t hereof.
- The purchaser shall furnish his full physical and postal address to the auctioneer and should he be buying on behalf of any other person, firm, partnership, trust or judicial body, also the full addresses of such principal.
- If the purchaser is buying the goods on behalf of any other person, firm, partnership, trust or judicial body, he shall disclose such fact to the auctioneer, sign the purchaser’s invoice on behalf of this principal in such a way that both his name and that of his principal are reflected clearly on the invoice and he shall provide on request, satisfactory proof of his authorisation to buy as a representative and/or agent. Upon failure to comply with these provisions, such purchaser shall be liable to the auctioneer as joint principal debtor in solidum for all the obligations arising from the agreement.
- It is neither the duty nor the responsibility of the auctioneer to supply any documents such as registration certificates, permits, service certificates, transfer documents, health certificates or any other documents elating to the goods to the purchaser, or to see or to arrange for the supply thereof.
- It is recorded that the purchase price does not include VAT.
- If the purchaser should request the auctioneer to arrange for the safe keeping of the goods and/or transportation thereof, he shall be obliged to pay the costs involved together with any interest ot the auctioneer on request. If such arrangements are made with a third party, the auctioneer undertakes this as the agent of the purchaser and the purchaser shall be responsible to such third party for the relevant costs. The purchaser indemnifies the auctioneer against any claim which the third party may have against the auctioneer. The arrangements, safe keeping and transport are the sole risk of the purchaser and the auctioneer shall not be liable for any damages to the goods or the destruction and/or deterioration and/or depreciation of the goods for any reason whatsoever.
- The purchaser hereby agrees that the auctioneer my act either as an agent for the seller/third party or as owner of the goods. The purchaser specifically agrees that the auctioneer will have the right to institute legal action for any relief in terms of this agreement, including but not limited to, the right to institute legal action for any relief in terms of this agreement, including but not limited to, the right to institute and proceed with legal action for the attachment and/or repossession of the goods.
Online Sale Specific Terms and Conditions
- The Standard Terms and Conditions of Auction House hosting auction 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.
- 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.
The minimum bidding increment may vary per lot but is specified on the online bidding platform.- In respect of lots on the TIMED ONLINE AUCTION, the following additional terms and conditions will apply:
- 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.
- 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.
- 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.
- In respect of lots on the LIVE ONLINE AUCTION, the following additional terms and conditions will apply:
- This auction is live online with an auctioneer who will auction each lot.
- Buyers follow online by listening to the auctioneer and will also see the bidding on their screen.
- Buyers must register to take part in the auction, and they bid online.
- The auctioneer will close the bids and his decision is final.
- Once a bid is made it cannot be withdrawn.
- 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.
- Neither the Auctioneer, the Seller nor the Auctioneer of Sellers’s representatives will be liable for software failure of any nature.
- Availability of goods and loading period will be indicated on each lot.
- Buyers will receive invoices by mail and goods must be paid within 24 hours after closing of the timed auction.
- Cost for transport and insurance of the goods will be for the Buyer’s own account, unless otherwise stated on each lot.
Online Sales-Auctions: Terms and Conditions
- 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.
- 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.
- You may access and use this Website solely for the purposes of use connected with the Services.
- All contents of this Website including, but not limited to, the text, graphics, links and sounds are owned by B ONLINE AFRICA 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.
- The Buyer(s), The Sellers and B ONLINE AFRICA agree that the terms listed below shall govern each and every online sale
- You are required to register as a user by completing the online "User Registration Page" on the Website and submitting it to B ONLINE AFRICA.
- You agree to ensure that your registration details are true and accurate and to update any details, when necessary, via the Website.
- You may not use fake or fraudulent details to create an account to gain access to any function that B ONLINE AFRICA offers on this site.
- All registration information the Buyer and Sellers provided to B ONLINE AFRICA shall be current, complete and accurate.
- 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
- 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 authorized or unauthorized, 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 (B ONLINE AFRICA) immediately.
- For all sales, settlement for payment for purchases must be made by electronic transfer of funds and made payable to B ONLINE AFRICA. Account details will appear on all invoices and statements. All sales are subject to appropriate Sales Tax laws
- Buyers from neighboring countries acknowledge and agree that they may participate with written permission in advance. B ONLINE AFRICA retain the right to demand a deposit on the intended purchase price. Buyers from neighboring 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.
- 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.
- The descriptions of item/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 B ONLINE AFRICA and employees concerning any item/lot shall be construed as a warranty, either expressed or implied.
- ITEM/LOTS ARE ALL SOLD AS IS ‐ ‐ WHERE IS – HOW IS and WITH ALL FAULTS, known, apparent or otherwise.
- 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.
- All Buyers rely solely on their personal inspection and not on information listed on the Site or otherwise provided by B ONLINE AFRICA 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 B ONLINE AFRICA or Owner/Seller.
- Therefore, if the Buyer is unsure – DO NOTBUY. 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.
- B ONLINE AFRICA does not have 100% control over the item/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 B ONLINE AFRICA immediately.
- B ONLINE AFRICA will then either.
- Negotiate with the seller for a different price or.
- Cancel the sale agreement in total
- If B ONLINE AFRICA in its sole discretion decides to cancel the sale, B ONLINE AFRICA will/can
- Put the lot up for sale again
- Retain first right of refusal on any / all Lots presented on its sale
- B ONLINE AFRICA 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.
- 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 B ONLINE AFRICA, whether the property has been removed.
- B ONLINE AFRICA reserves the right, for any reason, in their sole discretion, to terminate, change or suspend any aspect of any sale.
- B ONLINE AFRICA reserves the right to hold and resell any asset or lot not paid for in full by the Buyer within 24 hours
- 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 B ONLINE AFRICA. Further, the Buyer may be banned from any future sales, which is solely in B ONLINE AFRICA’ discretion.
- B ONLINE AFRICA reserve the right to reject any and all transactions, if they so choose.
- The final buyer shall be designated at the end of each sale. B ONLINE AFRICA’ designation of the Buyer shall be final.
- As a Buyer, placing a bid/ buy / purchase is a binding contract between you and the Owner/Seller/B ONLINE AFRICA and the buy/purchase cannot be retracted unless a director of B ONLINE AFRICA cancels the transaction by informing the Buyer and Seller thereof.
- Once you place a buy/purchase 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.
- 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. B ONLINE AFRICA reserves the right to judge each case on its own merit and reserves the right to cancel any sale transaction at its discretion.
- B ONLINE AFRICA reserve the right to cancel or withdraw any lot / offer at any time before, during or after the sale. B ONLINE AFRICA reserve the right to reject any and all buys / offers to buy in their sole discretion without giving any explanation.
- Buyer will be furnished with an electronic receipt at the conclusion of every sale. Buyer must therefore provide B ONLINE AFRICA 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:
- 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:
- Sellers physical address given for the specific auction, or
- on delivery at the agreed designated delivery point or
- When loaded on the agreed transport between seller and buyer.
- Removal is at the expense, risk, and liability of the Buyer. Any buyer having someone, other than himself, pick‐up his purchases must notify B ONLINE AFRICA in writing.
- 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.
- 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 THE AUCTION HOUSE that lots have been sold and payment was made. After payment, the buyers will receive a removal document from THE AUCTION HOUSE confirming that payments were made on lots bought.
- 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.
- Any items that are not available from B ONLINE AFRICA for any reason will be refunded at the rate of purchase if payment has been made.
- Owner/Seller and B ONLINE AFRICA 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.
- The Seller agrees that he will do everything possible and grant access for the Buyer to collect animals bought on this site.
- Failure by the seller to allow the Buyer to collect items sold through B ONLINE AFRICA can result in legal action against the seller.
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.
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.
- 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.
- It is the buyer’s responsibility to make the necessary arrangements of taking care of the animals and the removal of them after the auction.
- It is the responsibility of the seller and buyer to make sure they have the necessary permits and documents to transport animals or items.
- Transport arrangements are between seller and buyers and it is their responsibility to insure the items or lots in transit. B ONLINE AFRICA TAKES NO RESPONSIBILITY or risks for any transport arrangements.
- Sellers and buyers can take out insurance on animals or items.
- 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.
- 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.
- B ONLINE AFRICA can / will at its own discretion request a deposit from Buyers before they can make a bid in order to buy / Purchase
- B ONLINE AFRICA gathers information about Buyers and Owner/Sellers for the purposes of conducting online sales only.
- B ONLINE AFRICA does not, and will not, sell or rent this information. B ONLINE AFRICA 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 B ONLINE AFRICA to have your name promptly removed from our list.
FICA REQUIREMENTS
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.
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)
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)
PRIVATE BUYERS
- Utility Bill with current residential address (not older than 3 months)
- Registered buyer’s ID copy
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).
- IDs of all trustees.
- Proof of address of all trustees (not older than 3 months).
- Proof of address of the trust (not older than three months).
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)
