Auction Terms – Condition of Sales at Auctions
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.
1. 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.
2. All sales shall strictly be by way of cash or bank guaranteed cheque.
3. 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.
4. 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.
5. 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.
6.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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. No bone fide mistake made by the auctioneer shall be binding on the auctioneer or the purchaser.
15. 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.
16. 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.
17. 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.
18. 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.
19. It is recorded that the purchase price does not include VAT.
20. 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.
21. 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.