ELECTRONIC TERMS & CONDITIONS OF BUSINESS RELATING TO ONLINE AUCTIONS
In these Terms and Conditions, unless the context otherwise indicates, the following words shall bear the meaning assigned to them:
1.1 “The Seller” means Auction Evolution , a company duly registered and incorporated; which mandates Onlineauctions.africa in writing to dispose of specific merchandise for and on its behalf via auction.
1.2 “The CONTRACTOR” means any person, including an association of persons, a partnership, a firm, a company and ora close corporation or any other legal entity, electing to participate in online auction proceedings, online or otherwise or purchasing on approved credit terms any camera equipment or associated hardware and/or software other than through means of its duly authorised representative, agent or agency, and includinges its successors in title, also and includes assignment who is successful on auction..
1.3 “Merchandise” means any asset, equipment or movable property; which Auction Evolution Site has been authorised and or mandated to dispose of.
1.4 In these Terms and Conditions (also referred to as “this Agreement”, which terms are interchangeable), any reference to one gender shall include the other and words importing the singular shall include the plural and vice versa.
1.5 Headings appearing in these Terms and Conditions are for reference purposes only and shall not affect, dictate, modify or limit the meaning or interpretation of these Terms and Conditions.
1.6 Acceptance of these Terms and Conditions online electronically shall be effected by selecting the “Accept” icon and or button and by doing so, the CONTRACTOR confirms that it has read and understands same and is bound by the specifics relating to each and every term hereof, even in the absence of a signed original to this effect.
1.7 No bid shall be valid and or entertained, nor shall any other form of interaction with Auction Evolution in conjunction with or relating to any auction or business transaction be entertained; unless and until all appendices aforementioned have been completed and are submitted (along with FICA and or other required documentation), verified and accepted by Auction Evolution online. is an integral part of these Terms and Conditions / this Agreement.
2. ONLINE AUCTIONS SUPPLY OF MERCHANDISE
The information and documentation to be furnished by the bidder, in any form, shall be utilised to prepare a subsequent Agreement between the bidder and Auction Evolution , should the bidder be successful on auction.
* Until such time as the aforementioned appendices have been completed, returned electronically, verified and accepted by Auction Evolution , no bids and or other such interaction with Auction Evolution shall be entertained.
3.1 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.
4 THE MERCHANDISE: DETAILS, SPECIFICATIONS AND QUALITY
4.1 Refer to the Merchandise represented on the auction
4.2 Unless otherwise stated, any and all merchandise shall be considered and disposed of “as is (condition), where is (site)” and is sold voetstoets.
4.3 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.
5 RULES GOVERNING AUCTIONS
5.1 All sales are subject to a reserve price unless otherwise stated.
5.2 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.
5.3 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.”
5.4 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.
5.5 For the avoidance of doubt, merchandise is sold by Auction Evolution as an agent on behalf of the Seller, which Seller has authorised and mandated Auction Evolution to collect the purchase price from the Purchaser on its behalf.
5.6 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.
5.7 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.
5.8 Auction Evolution 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.
5.9 The sale shall be final and items shall be sold to the highest bidder subject to these Terms and Conditions.
5.10 Every prospective and registered bidder must read the rules of auction and must not bid unless he or she has done so. Acceptance of these Terms and Conditions online electronically shall be effected by selecting the “Accept” icon and or button and by doing so, you confirm that you have read and understand same and are bound by the specifics relating to each and every term hereof, even in the absence of a signed original to this effect.
5.11 Every bid shall constitute an Offer to Purchase the specific merchandise, for the amount bid, which Auction Evolution may accept or reject in their absolute discretion.
5.12 If no bid received equals or exceeds any reserve price placed on the merchandise by Auction Evolution , such merchandise may be withdrawn from the auction.
5.13 In the event of any dispute arising in relation to an auction sale, the decision of Auction Evolution shall be final and binding.
5.14 Auction Evolution 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 or the appointed auctioneer arising from the cancellation of the merchandise from sale on auction.
5.15 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 CONTRACTOR.
5.16 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.
6.1 Registration is affected upon completion and submission of the appendices hereto. Until such time as the aforementioned appendices have been completed, returned electronically, verified and accepted by Auction Evolution , no bids and or other such interaction with Auction Evolution shall be entertained.
6.2 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 before being accepted and the bidder registered. is an integral part of these Terms and Conditions / this Agreement.
6.3 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 before being accepted and the bidder registered. is an integral part of these Terms and Conditions / this Agreement.
6.4 The bidder’s record and the vendor roll will be made available by Auction Evolution for inspection online before the auction.
7.1 Upon registration, Bidders are required to make payment to Auction Evolution of a refundable deposit in the amount of R 20 000.00, no later than 2 workings days before the date of auction.
7.2 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 CONTRACTOR fulfils all obligations due and owing to Auction Evolution in respect of their success on auction. Should the CONTRACTOR fail to fulfil any such obligations, the deposit paid to Auction Evolution shall be forfeited as rouwkoop.
7.3 Should the bidder be successful on auction, the deposit shall be applied towards settlement of the purchase price payable to Auction Evolution in respect of the merchandise purchased.
8 AUCTION RESULT
8.1 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.
8.2 All bids made and received are exclusive of VAT. VAT is applicable on bids. Commission is payable by the CONTRACTOR to Auction Evolution and not by the SELLER.
8.3 Auction Evolution are entitled, in their absolute discretion, to withdraw the merchandise from sale on auction, prior to acceptance by Auction Evolution of any Offer to Purchase unless Auction Evolution instructs the appointed auctioneer to accept or Auction Evolution accepts a lower bid.
8.4 Upon completion of the auction, a completed sale shall be indicated on site showing the item as “SOLD!”
8.5 If bids on the merchandise do not meet or exceed the reserve stipulated by Auction Evolution 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.
8.6 The bidder’s offer shall remain open for acceptance by Auction Evolution or the appointed auctioneer on behalf of the Seller, until expiry of the confirmation period. The bidder, Auction Evolution 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.
8.7 Auction Evolution shall not be required to notify the bidder of the acceptance of its offer prior to expiry of the confirmation period.
8.8 Should maximum bids received on the merchandise not meet or exceed the reserve stipulated by Auction Evolution during the confirmation period, the bidder’s deposit shall be refunded to it within 24 (twenty four) hours.
9.1 The CONTRACTOR shall become liable for payment of the merchandise immediately upon confirmation of acceptance of the highest bid by Auction Evolution .
9.2 The CONTRACTOR undertakes to make payment, in terms of any successful bid, for the merchandise and or for any spares to Auction Evolution immediately on conclusion of the auction and shall provide proof of such payment made to Auction Evolution immediately upon payment and submit along with such proof, all such additional documentation as may be required from Auction Evolution pursuant to the auction; upon receipt of which Auction Evolution shall provide the CONTRACTOR with an VAT invoice.
9.3 All purchase prices shall be reflected and are payable in South African Rand.
9.4 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.
9.5 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 CONTRACTORS account.
9.6 Commission is payable by the SELLER to Auction Evolution and not by the CONTRACTOR.
10 DELIVERY AND COLLECTION
10.1 The CONTRACTOR 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.
10.2 THE CONTRACTOR: OWNERSHIP, RISK AND SPECIAL OBLIGATIONS
10.2.1 By their acceptance of these Terms and Conditions, the CONTRACTOR 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.
10.2.2 All merchandise is sold “voetstoots” and all risk in and to the merchandise (and any spares) shall pass to the CONTRACTOR immediately upon acceptance of the CONTRACTORS bid by Auction Evolution and the CONTRACTOR 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.
10.2.3 Ownership of and in the merchandise shall pass to the CONTRACTOR only upon receipt and confirmation of payment of the full purchase price by Auction Evolution , plus VAT if applicable and any applicable commission.
10.2.4 Disclaimer: Whilst all reasonable care has been taken to obtain the correct information, neither Auction Evolution , 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.
10.2.5 The CONTRACTOR 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.
10.2.6 In the event of the CONTRACTOR planning an operational shut down at any period during the year, the CONTRACTOR shall notify Auction Evolution 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 CONTRACTOR to meet its obligations with reference to this agreement and Terms and Conditions.
10.2.7 The CONTRACTOR 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.
10.2.8 The CONTRACTOR undertakes to ensure that all information that might be reasonably required by Auction Evolution , 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 CONTRACTOR or of the Seller is conveyed in writing to the relevant management CONTRACTOR 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 CONTRACTOR 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.
10.2.8 The CONTRACTOR 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.
11.1 In the event of the bidder and or CONTRACTOR 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.
12 NOTICES: DOMICILIA CITANDI ET EXECUTANDI
12.1 Any and all notice to be given one party to the other in connection with the tender, the subsequent Agreement entered into between Auction Evolution and the bidder and or CONTRACTOR and or in connection with the transaction, even once completed, shall be given in writing at the addresses elected by the parties as follows:
BIDDER and or CONTRACTOR:
Designation of Addressee:
Name of tenderer (firm): Auction Evolution
Mobile Phone Number:
EMERGENCY CONTACT PERSON DETAILS:
073 513 2075
011 568 0250
13 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 CONTRACTOR 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.
NOTE: Acceptance of these Terms and Conditions is effected electronically. By selecting the “Accept” icon or button present hereunder; and by doing so; the CONTRACTOR confirms that it has read and understands same and is bound by the specifics relating to each and every term hereof, even in the absence of a signed original to this effect. The signatory further expressly warrants that he or she is invested with the necessary authority required and is duly authorised to bind the entity to the terms hereof.