ONLINE AUCTION CHARGES

  • Online Only Auction
  • A Buyers commission of 14.78% excluding Vat on Commission (17% inclusive) charged on each lot.
  • FICA requirements apply to every sale.
  • The rules of the auction comply with section 45 of the Consumer Protection Act, Act 68 of 2008

TERMS & CONDITIONS  

  1. The Auctioneer been Maritzburg Auctioneers (Pty) Ltd and the prospective buyer (bidder) been any person who registers and attends the auction, whether to potentially buy personally, on behalf of a company, close corporation, partnership or un undisclosed principle. The buyer is any person who successfully bids for goods or a lot on behalf of the above-mentioned bodies. A lot can be one item or a group of items. Subject to confirmation is where goods or a lot are sold subject to the seller’s confirmation of the purchase price. A reserve is a set minimum a Seller has indicated on a particular item or lot.
  2. All prospective buyers must register and at the auctioneer’s discretion are required to pay a deposit at the prevailing rate prior to the purchaser being entitled to bid on any lot. In the event of purchaser purchasing two or more lots, then such deposit shall be construed as being in respect of all lots purchased at the said sale, whether the sale be conducted over one or more days.
  3. Purchasers bidding on behalf of companies or undisclosed persons do so entirely at their own risk and are personally responsible for the carrying out of these conditions.
  4. The Auctioneer acts in all respects only as an agent for and on behalf of the seller.
  5. All articles/lots are sold VOETSTOOTS, without duty to repair and sold with no guarantee or warranty whatsoever. A bid shall be taken as proof that the bidder has mand him/herself familiar with the lot he/she is bidding for. The auctioneer does not warrant as to the correct description or authenticity of any lot and accept no liability for any fault imperfection or error of description whether quantitative or qualitative were made before, during or after the sale or whether made orally or in writing.
  6. The highest bidder to be the purchaser subject to any protecting confirmation or reserve. If any dispute arises between two or more bidders, the auctioneers shall have absolute discretion to settle it by declaring the purchaser, or by putting the lot up again.
  7. The auctioneers shall determine the minimum amount of each bid, and no person shall retract his or her bid. The auctioneers reserve the right to refuse a bid, to divide any lot, to combine any two or more articles/lots and to withdraw any article/lots/lot without giving any reason.
  8. All articles/lots are sold VOETSTOOTS. The auctioneers who in all respects act only as Agents to the Sellers of the respective lots give no warranty as to the correct description or authenticity of any lot and accept no liability for any fault imperfection or error of description whether quantitative or qualitative where made before, during or after the sale or whether made orally or in writing.
  9. The sellers/ Auctioneers shall be entitled to place reserves on any articles/lots or to make any sale subject to the Sellers’s confirmation. In the event of the offers being received which, in the opinion of the auctioneers, are not satisfactory, the auctioneers reserves the right to sell the articles concerned subject to the seller’s confirmation, such confirmation to be received by the auctioneers not later than 4.00pm on the business day following the day of the auction (excluding Saturdays, Sundays and Public Holidays). If such confirmation has not been received by the auctioneers within the stipulated period, the offer shall automatically become cancelled and be of no force or effect.
  10. The Auctioneer may bid on behalf of the seller and a prospective buyer.
  11. The prices realized and recorded on the auctioneers vendue roll shall be final.
  12. Immediately any article/lot is knocked down and the purchaser declared, the sole risk and responsibility in respect of the said article/lot shall pass to the purchaser, and the auctioneers will not accept responsibility if goods are lost, stolen, damaged or destroyed.
  13. Immediately any article/lot is knocked down and the purchaser declared, the purchaser shall pay in cash, by bank transfer or any other means acceptable to the Auctioneer, the amount of the purchase price plus the buyers commission, plus vat on the commission and if applicable Vat on the knockdown price. In default of which, the article/lots may immediately or at a later date be resold either by public auction or private treaty, at the risk of the defaulter, who shall bear all expenses incurred by such resale and without benefiting thereby, the defaulter being also responsible for all loss or damage and shall make good all deficiencies caused by such re-sale. In the event of a deposit having paid, such deposit may be forfeited, and set off firstly against cost of re-sale and thereafter any loss on re sale.
  14. Ownership of any article/lot shall only pass after satisfactory payment of the purchase price has been made to the Auctioneers, whether or not the goods have been removed from the venue of the sale or the auctioneer’s custody. The auctioneers reserve the right to withhold delivery of any goods purchased until payments or bank transfer/s have been honored.
  15. All goods having been purchased in terms of these conditions must be removed immediately at the conclusion of the sale, failing which a warehousing/handling fee will be charged. In the event of such charges not being paid within 7 days of auction, then the goods will be resold without notice to the owner, and charges made as if such goods were being sold on behalf of the bona fide seller in terms of the Auctioneers conditions of acceptance.
  16. Should for any reason the auctioneers be unable to give delivery of any articles/lots, the auctioneers shall be entitled to cancel such sale without detraction from any right or claim for damages for themselves or the seller.
  17. The auctioneers reserve the right to bid on behalf of commissioned bids but accept no responsibility in connection with the commissioning of their staff to bid for any articles/lots
  18. Every person on the auctioneer’s premises or the sale venue before, during or after the sale shall be deemed to the there at his or her own risk and such persons shall have no claim against the auctioneers in respect of any damages they may sustain through any cause whatsoever including the negligence of the auctioneers, their employees or agents.
  19. In the event of any party to a sale defaulting in his/her obligations to the auctioneers’ then he/she shall be liable to cover all cost and charges arising from such default and including collection charges of 10 % of the amount payable, attorney and client cost and collection commission and interest at the then maximum current rate of bank overdraft.
  20. Any purchaser using the facility of a buying card shall be responsible for all purchases made with the card whether by himself or a third party.