Sale Terms and Important Information

Auction Evolution PTY (LTD) shall have the right to control, regulate and control the auction. 
The auction will be recorded. The recording shall not be available to the public or the Purchaser but Auction Evolution PTY (LTD) shall make the recording available should it be required to do so by an order of court or by law. The recordings shall be prima facie (rebuttable/ challengeable) proof of the auction proceedings. 
Each item is sold at the auction as a lot/individual item. Auction Evolution PTY (LTD) may, without penalty or prior notice and only if the seller/owner/lawful holder (“Seller”) of any individual lot or items, or a group or parcel of assets (such group or parcel of assets hereafter called “lots”), in writing permits Auction Evolution PTY (LTD) to do so, will Auction Evolution PTY (LTD) be entitled to withdraw any item or lots from the auction (such item or lots hereafter called the “goods”). The goods may constitute a lot or parcel of goods which are sold as a lot or parcel and purchased by the Purchaser, subject to these terms and conditions, as a lot or parcel. 
In respect of any goods, the highest accepted bidder therefore shall be the purchaser of such goods (“Purchaser”). In the event of a dispute as to the identity of the highest bidder, Auction Evolution PTY (LTD) may re-auction the goods concerned. These terms and conditions or any special conditions pertaining to each auction and/or to any goods shall be announced prior to the commencement of the auction. 
On the fall of the hammer at the auction for the goods purchased by the Purchaser, a sale for the goods shall be finally and irrevocably concluded, subject only to such suspensive conditions as may be applicable to any goods. The Purchaser acknowledges that he/she/it has inspected the goods, noted the condition and state thereof, and is satisfied with the goods. The goods are sold subject to the condition report/inspection report furnished for the goods (for the auction) or in a document appended to or alongside the goods. Auction Evolution PTY (LTD) is only aware of the condition and state of the goods at they are, and as disclosed by Auction Evolution PTY (LTD). 
Auction Evolution PTY (LTD) does not have any other knowledge of the goods and the state and condition thereof. Accordingly, the goods are sold in the condition and state that they are in and the Purchaser purchases the goods in accordance therewith. Auction Evolution PTY (LTD) shall not be liable for any condition or state of any of the goods of which Auction Evolution PTY (LTD) is unaware or cannot reasonable have knowledge. Neither the Seller of the goods, nor Auction Evolution PTY (LTD), give any warranties or guarantees or make any representations in regard to the condition or state of any of the goods, save for the representation that appears on the condition report/inspection report for the goods concerned and, save for such condition report/inspection report, Auction Evolution PTY (LTD) is not responsible for any errors of description of any of the goods. 
All bids made at the auction are deemed to exclude VAT and buyer’s premium. The Purchaser shall not be entitled to take delivery of the goods until payment of the full purchase price has been made to Auction Evolution PTY (LTD) and the Purchaser is in possession of an invoice from Auction Evolution PTY (LTD) stating that the Purchaser has paid the purchase price (such invoice hereafter called the “paid invoice”). In the case of motor vehicles or other items requiring the completion and delivery of documents by the Seller or any third party, Auction Evolution PTY (LTD) shall not be obliged to deliver such goods to the Purchaser until the relevant documentation, duly completed and signed, has been delivered to Auction Evolution PTY (LTD). 
The Purchaser agrees that all fees, charges and the buyer’s premium shall be paid to Auction Evolution PTY (LTD) immediately after the fall of the hammer even though the goods have not been or may not be delivered to the Purchaser. Delivery of the goods shall be deemed to have been made to the Purchaser upon delivery to the Purchaser of the paid invoice, alternatively upon delivery of an element of the goods or by which the goods can be identified (such as keys). 
The Purchaser agrees that as the goods will not actually be physically delivered to the Purchaser’s address or any address nominated by the Purchaser, the Purchaser shall be responsible for all of the costs of delivery. The Purchaser shall remove the goods from Auction Evolution PTY (LTD) premises within the period announced by the auctioneer at the relevant auction. The Purchaser shall not be entitled to cancel the sale as a result of timeous non-delivery of the goods or on non-signature of the required documents. Auction Evolution PTY (LTD) shall be entitled, without penalty, to cancel the sale should the required documents of or relating to the goods not be signed and delivered to Auction Evolution PTY (LTD) within 21 days of the date of the auction; the Purchaser must look to the Seller for any damages that the Purchaser may have suffered due to such non-delivery or non-signature. 
After the fall of the hammer, the Purchaser shall bear the risk in and to the goods even if the goods continue to remain at Auction Evolution PTY (LTD) premises, in particular for any shortages or damage which may occur, and the Purchaser shall be liable to pay storage fees to Auction Evolution PTY (LTD) if the goods remain on Auction Evolution PTY (LTD) premises. The storage fees will be available in written form, in the form of a notice affixed in a prominent place at the venue of the auction, alternatively will be otherwise notified to the Purchaser. 
In the event the Purchaser failing to pay the full purchase price of the goods (“sale price”) immediately on the day of the auction or on or before the applicable time (as per the relevant announcement by the auctioneer), failing to remove the goods and/or otherwise failing to comply with any of these terms and conditions, then any amounts paid to Auction Evolution PTY (LTD) by the Purchaser (whether as fees, costs and/or buyer’s premiums) shall be irrevocably forfeited to Auction Evolution PTY (LTD), and any deposit paid by the Purchaser to Auction Evolution PTY (LTD) for the goods shall be irrevocably forfeited to the Seller (such deposit to and shall be deemed to be genuine pre-estimated (and liquidated) damages that the Seller may suffer and the forfeiture of the deposit shall be payment or part payment of such damages. 
The Seller shall be entitled to re-sell or re-auction such goods without notice to the Purchaser. Auction Evolution PTY (LTD) shall have a lien over the goods for any amounts due and payable by the Purchaser to Auction Evolution PTY (LTD). Should Auction Evolution PTY (LTD) re-sell/re-auction such goods and should the net proceeds thereof (after deducting commission, fees, costs and buyer’s premium payable to Auction Evolution PTY (LTD)) be less than the sale price, then the Purchaser shall immediately upon demand pay to Auction Evolution PTY (LTD) as pre-estimated, liquidated, damages, such difference, less any amounts forfeited. 
Auction Evolution PTY (LTD) shall not be liable to the Purchaser for any losses or damages suffered by the Purchaser as a result of the termination of the sale by the Seller or any failure to deliver the goods attributable to the Seller. Save for any announcement by the auctioneer in respect of the goods prior to the bidding therefor, no variations or amendments hereto shall be of any force and effect unless reduced to writing and signed by the Purchaser and Auction Evolution PTY (LTD). 
No indulgence which the Seller and/or Auction Evolution PTY (LTD) may grant to the Purchaser shall prejudice, or constitute a waiver of, the rights of the Seller and Auction Evolution PTY (LTD), who shall not thereby be precluded from exercising any rights against the Purchaser which may have arisen in the past or may arise in the future. 
The Purchaser confirms and acknowledges that when he/she/it viewed the lot concerned, all of the particulars of and relating to the lot (including the name and business address of the auctioneer, a notice that there is no liability or duty on the auctioneer/auction house/bank/financial entity/Seller to repair, the lots  year of manufacture, year of first registration, manufacturer, model designation, registration number, engine number, VIN number, odometer reading and that the odometer reading is not guaranteed) were affixed to the motor vehicle in document form or otherwise available in writing at or by the motor vehicle. 
The Purchaser chooses as domicilium citandi et executandi (the address of delivery for all purposes arising from these terms and conditions), the physical address of the Purchaser reflected above or on the reverse side hereof or reflected in any document signed or handed by the Purchaser to Auction Evolution PTY (LTD) or the Seller in connection with the goods and/or the auction concerned. The Purchaser consents to the jurisdiction of the Magistrate’s Court, but agrees that the Seller and/or Auction Evolution PTY (LTD) shall be entitled to institute proceedings in the High Court. In the event that any legal steps are taken against the Purchaser, the Purchaser agrees to pay all of the legal costs (on the attorney and own client scale) of Auction Evolution PTY (LTD) and/or the Seller and which is paid and/or may be payable to Auction Evolution PTY (LTD) /the Seller’s attorneys (by agreement or otherwise), alternatively, where there is no such agreement, on the attorney and own client scale as per the tariff of the relevant Court involved. 
The Purchaser and surety (if applicable) hereby cede(s), assign(s), transfer(s) and make/makes over unto and in favour of Auction Evolution PTY (LTD) the Purchaser’s and surety’s rights, title and interest to all his/her/its immovable property registered in his/her/its name and any movable property owned by him/her/it or to which him/her/it is entitled, such as is sufficient to satisfy his/her/its indebtedness to Auction Evolution PTY (LTD). The Purchaser and surety (if applicable) agree(s) that all such immoveable and/or movable property shall be specially executable by, at the instance of and in the favour of Auction Evolution PTY (LTD). Any term and condition above is severable from the remaining terms and conditions, which remaining terms and conditions shall continue to apply and be effective. 
The Purchaser is the purchaser of the goods at the auction or who has otherwise purchased the goods from Auction Evolution PTY (LTD). The buyer’s premium, payable to Auction Evolution PTY (LTD) means, in terms of the norms of the international auctioneering industry a percentage of the purchase price of the goods, which percentage will be available in written form, in the form of a notice affixed in a prominent place at the venue of the auction, alternatively will be otherwise notified to the Purchaser. The buyer’s premium shall be paid to Auction Evolution PTY (LTD) on the date of the auction. The Purchaser and Surety confirm and agree that there is no duty to repair the goods on the part of the auctioneer / auction house / seller. 
BIDDER
The name of bidder must include the registered name, registration number and registered address of the legal entity (company, firm, partnership or official trading name). Documents meeting FICA requirements are to be submitted and verified before the bidder may submit a legitimate bid.
 
THE MERCHANDISE: DETAILS, SPECIFICATIONS AND QUALITY
Refer to the Merchandise represented on the auction
 
Unless otherwise stated, any and all merchandise shall be considered and disposed of “as is (condition), where is (site)” and is sold voetstoets.
 
Bidders should indicate whether they are interested in attending a site visit. A date for a site visit can then be arranged in consultation with the client.
 
RULES GOVERNING AUCTIONS
All sales are subject to a reserve price unless otherwise stated.
 
The rules of auction comply with section 45 of the Consumer Protection Act, Act 68 of 2008 (“the Act”) and with the Consumer Protection Act Regulations (“the Regulations”) that have been published in terms thereof in Government Gazette No. 34180 on 1 April 2011 (Volume 550) and any amendments thereto from time to time.
 
Section 45 subsection (2) of the Act provides that:  “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.”
 
The auction will close at the published time, subject to clause … below and will not be delayed to allow any specific person or more persons to take part in the auction.
 
For the avoidance of doubt, merchandise is sold by Auction Evolution PTY (LTD) as an agent on behalf of the Seller, which Seller has authorised and mandated Auction Evolution PTY (LTD) to collect the purchase price from the Purchaser on its behalf.
 
Unless the reason for the auction is the normal and voluntary disposal of the merchandise by the Seller, the reason for same shall be displayed with the item online.
 
The conduct of the online auction is subject to the control of the auctioneer appointed to attend to the auction, even though online, who has the sole right to regulate the bidding procedure and who may accept or reject bids in his sole discretion without providing reasons.
 
Auction Evolution PTY (LTD) does not permit the making of a bid on behalf of the Seller, nor are Auction Evolution  employees or their representatives permitted to bid on auction. Only bids submitted form bona fide registered bidders will be accepted.
 
The sale shall be final and items shall be sold to the highest bidder subject to these Terms and Conditions.

Every bid shall constitute an Offer to Purchase the specific merchandise, for the amount bid, which Auction Evolution PTY (LTD) may accept or reject in their absolute discretion.
 
If no bid received equals or exceeds any reserve price placed on the merchandise by Auction Evolution PTY (LTD), such merchandise may be withdrawn from the auction.
 
In the event of any dispute arising in relation to an auction sale, the decision of Auction Evolution PTY (LTD) shall be final and binding.
 
Auction Evolution PTY (LTD) is entitled to correct any bona fide error during the conduct of the auction or on conclusion of any sale, or arising from any incorrect reference to merchandise for sale. In the event that the error is not capable of being corrected, then the auction shall be deemed not to have taken place and no party to the auction shall have any claim against Auction Evolution PTY (LTD) or the appointed auctioneer arising from the cancellation of the merchandise from sale on auction.
 
Subject to these Rules, Terms and Conditions and all other ancillary and applicable terms and conditions; the bidder who submits the highest bid, at the time of conclusion of the auction, shall be the Purchaser and therefore the Purchaser.
 
These Rules of auction, Terms and Conditions and all other ancillary and applicable terms and conditions shall be interpreted and used in conjunction with the laws of the Republic of South Africa. No variation, alteration or cancellation of any of these Rules of auction, Terms and Conditions and all other ancillary and applicable terms and conditions shall or any of the terms thereof, shall be of any force or effect, unless reduced to writing and signed by the parties hereto.
 
REGISTRATION
Registration is affected upon completion and submission of the appendices hereto. Until such time as the aforementioned appendices have been completed, returned, verified and accepted by Auction Evolution PTY (LTD), no bids and or other such interaction with Auction Evolution  shall be entertained.
 
All bidders must register his or her identity on the bidder’s record, and such registration must meet the requirements of FICA (Financial Intelligence Centre Act, 2001) in respect of the establishment and verification of identity of the natural person, who must sign the registration entry confirming that all information submitted is both true and correct. All documentation is to be submitted electronically and shall be verified by Auction Evolution PTY (LTD) before being accepted and the bidder registered. is an integral part of these Terms and Conditions / this Agreement.
 
A natural person who intends to bid on behalf of a legal person (i.e. company, firm, close corporation or trust) must produce a letter of authority, on that entity’s official letterhead, expressly authorising him or her to bid on behalf of that entity, along with a certified copy of the resolution passed by the said entity authorising the natural person to bid on its behalf. Such registration must meet the requirements of FICA (Financial Intelligence Centre Act, 2001) in respect of the establishment and verification of identity of the entity. All documentation is to be uploaded and or submitted electronically and shall be verified by Auction Evolution PTY (LTD) before being accepted and the bidder registered. is an integral part of these Terms and Conditions / this Agreement.
 
The bidder’s record and the vendor roll will be made available by Auction Evolution PTY (LTD) for inspection online before the auction.
 
DEPOSIT
Upon registration, Bidders are required to make payment to Auction Evolution PTY (LTD) of a refundable deposit in the amount of R 15 000.00.
 
The deposit shall be refunded to the bidder upon finalisation of the auction, provided that the bidder was not the highest bidder on any item that was cleared at the auction and provided that the Purchaser fulfills all obligations due and owing to Auction Evolution PTY (LTD) in respect of their success on auction. Should the Purchaser fail to fulfill any such obligations, the deposit paid to Auction Evolution PTY (LTD) shall be forfeited as rouwkoop.


Should the bidder be successful on auction, the deposit shall be applied towards settlement of the purchase price payable to Auction Evolution PTY (LTD) in respect of the merchandise purchased.
 
AUCTION RESULT
 Every bid shall constitute an irrevocable Offer to Purchase the merchandise for the amount bid, which the SELLER may accept or reject in their absolute discretion.
 
All bids made and received are exclusive of VAT.  VAT is applicable on bids.  Commission is payable by the Purchaser to Auction Evolution  and not by the SELLER.
 
Auction Evolution PTY (LTD) are entitled, in their absolute discretion, to withdraw the merchandise from sale on auction, prior to acceptance by Auction Evolution PTY (LTD) of any Offer to Purchase unless Auction Evolution PTY (LTD) instructs the appointed auctioneer to accept or Auction Evolution PTY (LTD) accepts a lower bid.
 
Upon completion of the auction, a completed sale shall be indicated on site showing the item as “SOLD!”
 
If bids on the merchandise do not meet or exceed the reserve stipulated by Auction Evolution PTY (LTD) and the sale is not confirmed, the bidder shall be permitted to submit their maximum bid or offer during the confirmation period of 48 (forty eight) hours (“ the confirmation period”) subsequent to the close of the auction.
 
The bidder’s offer shall remain open for acceptance by Auction Evolution PTY (LTD) or the appointed auctioneer on behalf of the Seller, until expiry of the confirmation period. The bidder, Auction Evolution PTY (LTD) and the appointed auctioneer acknowledge and agree that this provision is for the benefit of the Seller. No such bid may be withdrawn until the expiry of the confirmation period.
 
 8. Auction Evolution PTY (LTD) shall not be required to notify the bidder of the acceptance of its offer prior to expiry of the confirmation period.
 
Should maximum bids received on the merchandise not meet or exceed the reserve stipulated by Auction Evolution PTY (LTD) during the confirmation period, the bidder’s deposit shall be refunded to it within 24 (twenty four) hours.
 
PAYMENT
The Purchaser shall become liable for payment of the merchandise immediately upon confirmation of acceptance of the highest bid by Auction Evolution PTY (LTD).
 
The Purchaser undertakes to make payment, in terms of any successful bid, for the merchandise and or for any spares to Auction Evolution PTY (LTD) immediately on conclusion of the auction and shall provide proof of such payment made to Auction Evolution PTY (LTD) immediately upon payment and submit along with such proof, all such additional documentation as may be required from Auction Evolution PTY (LTD) pursuant to the auction; upon receipt of which Auction Evolution PTY (LTD) shall provide the Purchaser with an VAT invoice.
 
All purchase prices shall be reflected and are payable in South African Rand.
 
The purchase price in respect of the merchandise shall be paid by the CONTRACTOR by Electronic Funds Transfer only, immediately upon conclusion of the auction.
 
Any additional fees and or costs pursuant to a successful bid and or emanating from the purchase of merchandise on auction shall be for the Purchaser account.
 
Commission is payable by the SELLER to Auction Evolution PTY (LTD) and not by the Purchaser.
 
DELIVERY AND COLLECTION
The Purchaser shall be responsible for determining and be liable for the payment of any and all costs related to the removal of the merchandise from its current location; which includes any applicable handling and dismantling; as well as for the onward logistics and transport of the merchandise.
 
THE PURCHASER: OWNERSHIP, RISK AND SPECIAL OBLIGATIONS
 
By their acceptance of these Terms and Conditions, the Purchaser warrants that, they are able to fulfill all terms and obligations emanating from a successful bid and shall comply with all reasonable policies and procedures applicable to the purchase of the merchandise on auction.
 
All merchandise is sold “voetstoots” and all risk in and to the merchandise (and any spares) shall pass to the Purchaser immediately upon acceptance of the Purchaser bid by Auction Evolution PTY (LTD) and the Purchaser assumes full responsibility and liability for obtaining the insurance of the merchandise necessary from this time and shall remain so responsible and liable therefore, during removal and until the transaction is completed in full.
 
Ownership of and in the merchandise shall pass to the Purchaser only upon receipt and confirmation of payment of the full purchase price by Auction Evolution PTY (LTD), plus VAT if applicable and any applicable commission.
 
Disclaimer: Whilst all reasonable care has been taken to obtain the correct information, neither Auction Evolution PTY (LTD), nor the Seller, nor the appointed auctioneer; guarantee the correctness of information provided on the site and none of the aforementioned will be held liable for any direct or indirect damages or loss, of whatsoever nature, suffered by any person as a result of any errors or omissions made as a result of the information supplied, whether due to the negligence or otherwise of Auction Evolution , the Seller or the appointed auctioneer.
 
The Purchaser assumes full responsibility and liability for the merchandise and its removal from its current location within 7 (seven) days upon a successful bid and shall remain responsible and liable therefore until the transaction is completed.
 
In the event of the Purchaser planning an operational shut down at any period during the year, the Purchaser shall notify Auction Evolution PTY (LTD) in writing of same at least one (1) calendar month prior to the proposed shut down and ensure that such minimum services are made available in order for the Purchaser to meet its obligations with reference to this agreement and Terms and Conditions.
 
The Purchaser undertakes to comply with any and all applicable legislation pertaining to the removal of the merchandise from its current location in so far as the relevant materials, handling procedures, dangers and hazards associated with the removal of the merchandise (and any spares) are concerned and indemnify the PRINCIPAL in full against any damage and or loss suffered as a result of the removal of the merchandise from its current location.
 
The Purchaser undertakes to ensure that all information that might be reasonably required by Auction Evolution PTY (LTD), the Seller in their pursuance of the letter and spirit of any legislation aimed at promoting the health and safety of either the employees of the Purchaser or of the Seller is conveyed in writing to the relevant management Purchaser prior to the removal of the merchandise from its current location.  Such information shall include, but not necessarily be limited to, a written warning (appropriately marked to draw the attention of the reader to the fact that it contains a warning) regarding any particular danger or dangers associated with the removal and further handling of the merchandise.  The Purchaser shall ensure that the individual/s tasked with the dismantling (if necessary) and removal of the merchandise (and any spares), is possessed of the requisite training and knowledge in regard to the dangers associated handling and removal of the merchandise (and any spares) and that such person shall be instructed to forewarn the Seller’s employees of any such dangers.
 
The Purchaser confirms that it is aware and has knowledge of all statutory health and safety duties and obligations placed upon, in contemplation of its removal of the merchandise (and any spares) and undertakes to comply with same.
 
BREACH
In the event of the bidder and or Purchaser breaching any of the Rules of auction, Terms and Conditions and all other ancillary and applicable terms and conditions or any of the terms thereof; he, she or it shall be liable for and shall pay the total cost of advertising (if applicable) and conducting the auction of the merchandise purchased and such additional costs as provided for by the Consumer Protection Act Regulations.
  
EMERGENCY CONTACT PERSON DETAILS:
 Tanya Gunther
 073 513 2075
 011 568 0250
Morne Maritz
082 747 3773
morne@auctionevolution.co.za <morne@auctionevolution.co.za> /info@auctionevolution.co.za <info@auctionevolution.co.za> 

LAW TO APPLY AND COURTS TO HAVE JURISDICTION
The laws of the Republic of South Africa, as applicable at the time of signature hereof, shall govern the agreement between the parties as well as any dispute in connection with or arising from these Terms and Conditions.
 
 The bidder and or the Purchaser hereby consent in terms of Section 45 of the Magistrate’s Court Act 1944 (as amended), to the jurisdiction of the Magistrate’s Court, having jurisdiction in terms of Section 28 of the said Act, in respect of any action to be instituted by the parties in such Magistrate’s Court or in any other Court of competent jurisdiction.