Various Assorted LHD and Dump Truck Spares (All Unused)

RULES OF SALE AND CONDITIONS OF SALE – ON-LINE TIMED AUCTION MOVABLES

DATE OF SALE: 03rd December 2015

TIME OF SALE: Bids Opening at 09:00 and Closing at 15:00

BIDDERS’ CHOICE (PTY) LIMITED

Reg: 2012/123036/07

97 Central Street Houghton

Duly represented by: PIETER GELDENHUYS 

(THE “AUCTIONEER”)

1. Bidders shall register on-line for the Auction against payment of a refundable deposit of R50,000.00 by means of an EFT before allowed to bid. Only registered Bidders will be allowed to bid.

2. When deposit has been paid by EFT and the Bidder is not the highest bidder the money will be transferred back to the account it came from as soon as the money is available in the Bidders Choice account.

3. The conduct of the Sale is subject to the control of the Auctioneer, who has the sole right to regulate the procedure, and who may accept or reject Offers in his sole discretion without providing reasons.

4. Every bid shall constitute an offer to purchase for the amount offered, and no offer may be withdrawn until the Purchaser has been determined.

5. The highest bid accepted by the Auctioneer shall be the Purchaser. The Auctioneer is entitled to reject an offer he has accepted.

6. In the event of any dispute between the bidders, the decision of the Auctioneer shall be final and binding.

7. The Auctioneer is entitled to correct any bona fide error in the conduct or conclusion of any sale, or arising from any incorrect reference to the items for sale. In the event that the error is not capable of being corrected, then the Sale shall be deemed not to have taken place and no party will have any claim against the Auctioneer or the Seller arising from the cancellation of the Sale.

8. All sales are sold Subject to Confirmation, unless otherwise stated.

9. All items are sold voetstoots. No representatives or warranties are made by the Auctioneer or the Seller. Neither the Auctioneer nor the Seller shall be liable in consequences of any representation made by them at or before the Sale.

10. Risk in each item passes to the Purchaser on the fall of the hammer.

11. The Purchaser shall remove his purchase after receiving notification from the Auctioneer, and after full payment in terms of clauses 15, 16, 17 and 18 has been made.

12. No item shall be removed prior to full payment in terms of clauses 15, 16, 17 and 18 has been made.

13. Should the Purchaser fail to remove any item at the conclusion of the Sale (refer clause 11), then a storage of R250.00 + VAT per item per day will be charged to the Purchaser. Furthermore, should any items purchased not be removed after a period to be stipulated by the Auctioneer, the items will be resold by the Auctioneer at the expense of the Purchaser. Alternatively, and by written arrangement between the Auctioneer and the Purchaser, the Auctioneer will store the items at the expense of the Purchaser.

14. The Purchaser shall be liable for the costs of repair for any damage caused by him to the Seller’s premises or any other item while removing his purchase, or otherwise.

15. The purchase price of each item will be paid by the Purchaser by EFT immediately on conclusion of the Sale.

16. The purchase price is exclusive of Value Added Tax (VAT).

17. Ownership in/of the items shall pass to the purchaser only on payment of the full purchase price, plus VAT if applicable, and Auctioneers commission.

18. A 12% Auctioneers Commission plus VAT, calculated on the total value of the Bid shall be paid by the Purchaser, in addition to the purchase price.

19. If any item is sold subject to confirmation, the confirmation period will be for seven (7) days from the Close of Sale date during which period the Purchaser shall not be entitled to withdraw his offer. 

20. Any item that is subject to confirmation will be paid for in full by the highest bidder on conclusion of the Sale even in the event that confirmation from the Seller has not yet been received. Should the Offer not be accepted by the Seller within the allocatted period as noted in clause 19 above, then the Auctioneer will refund to the Buyer the full amount paid to the Auctioneer for the item.

21. Removal strictly by prior arrangement with Andre Wait or Mark Morgan.

22. Neither the Auctioneer nor the Seller will give any assistance, mechanical or otherwise, with the handling and loading of any purchases.

23. If the Purchaser breaches any of these conditions of sale, he shall be liable to pay, in addition to any commission payable, any costs incurred by the Auctioneer as a result of the breach, including administration costs, storage costs and legal costs as between attorney and own client, including collection commission.