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Conditions Of Sale

Conditions of Sale are always stipulated by documents that accompany any particular auction that is being advertised on Auction Auto SA's website.
It is of utmost importance to study all Conditions of Sale documents and it is binding by law.

*The following Terms & Conditions serve as binding conditions to all auctions hosted by

1. I/we (hereafter referred to as the purchaser) indemnify and hold harmless AUCTIONSAAUTO (PTY)
LTD t/a Auction Auto SA (hereafter referred to as Auction Auto SA) in respect of any claim of whatsoever
nature, including but not limited to death, loss, injuries or damages of whatsoever nature and howsoever
arising, which the purchaser may have against Auction Auto SA arising out of or in connection with the
2. The purchaser regard these terms and conditions as binding on he/she/its executors, Legatees, Heirs,
Successors in title and or assigned respectively, as specified during the announcements irrespective of
whether he/she/it is present at the time such announcements are made. Special terms and conditions
relating to each auction and/or to any of the lots may be announced prior to the commencement of the
auction and/or during the auction.
3. The purchaser will adhere to all relevant FICA requirements on auction.
4. The auctioneer shall have the right to control, regulate and record the auction. The recording of the
auction shall be prima facie evidence of the auction proceedings.
5. The auctioneer may accept or reject bids in his sole discretion without providing reasons. This would
include rejecting an offer previously accepted by the auctioneer. In the event of a dispute between bidders,
the auctioneer will have the discretion to put the vehicle/s up for auction again and his decision shall be
final and binding. The auctioneer may, without penalty or prior notice, withdraw any vehicle(s) from any
group of assets (“lots”) on auction at any time before the sale thereof or during the auction.
6. The deposit will be refunded to the bidder when he/she leaves the auction, provided that he/she is not
the highest bidder on any auction and relevant FICA requirements on auction are adhered to.
7. Every bid (the act of clicking on the bidding button or submitting a bid price by the bidder) shall constitute
an offer to purchase for the amount bid. No bids can be withdrawn by the purchasers.
8. The highest bidder accepted by the auctioneer shall be the purchaser if NO RESERVE is applicable.
9. No “ringing” shall be permitted and if the auctioneer suspect that the bidders are involved in such activity,
he shall be entitled to suspend or terminate the auction or to prohibit those bidders suspected of such
activity from making any further bids. In this context ringing are defined as a group of buyers at an auction.

10. The auctioneer is entitled to correct any bona fide error in the conduct or conclusion of any sale or
arising from any incorrect information to the vehicle for sale. In the event that the error is capable of not
being corrected, then the auction shall be deemed not having taken place and no party at the auction will
have any claims against the auctioneer or the seller arising from the cancellation of the auction.
11. All sales are done in one of the following manners:
11.1 NO RESERVE – “no reserve” means that there is no established minimum price for the vehicle being
auctioned. This means that no matter what the winning bid, the owner must sell it for that amount; or
11.2 RESERVE – “Reserve” means a minimum price that has to be attained for the bid to be accepted. In
compliance with the National Consumer Protection Act and the Regulations thereto, Vendor Bidding is
permitted at the auction, and the seller, auctioneer or a Vendor Bidder representing the seller or the
auctioneer may bid up to an amount and not exceeding the Reserve price. If no bid equals or exceeds the
reserve price, the property may be withdrawn from the auction.
12. These Rules of Auction comply with the provisions of Section 45 of the Consumer protection Act, 68 of
2008. Sub sections (1), (2) and (3) of this Section provides as follows:
“(1) In this section, “auction” includes a sale in execution of or pursuant to a court order, to the extent that
the order contemplates that the sale is to be conducted by an auction.
(2) When good are put up for sale by auction in lots, each lot is, unless there is evidence to be contrary
regarded to be the subject of a separate transaction.
(3) A sale by auction is complete when the auctioneer announces its completion by the fall of the hammer,
or in any other customary manner, until that announcement is made, a bid may be retracted.”
13. All vehicles are sold “voetstoots”. No representations or warranties are made by the auctioneer or the
seller. The purchaser shall be deemed to have, thoroughly examined the vehicle and have irrevocably
accepted the condition and state thereof. Neither the seller nor Auction Auto SA gives warranties or
guarantees of or makes any representation in regards to the condition of sale of any vehicle. Auction Auto
SA shall not be liable for any errors of description of any vehicle. No refunds shall be made for any vehicle
and no vehicle may be returned after the purchase, irrespective of the claim.
14. Neither the auctioneer nor the seller shall be liable in consequence of any representation made by them
at or before the auction; in particular no warranties are made regarding motor vehicles in respect of year,
make or model thereof, and/or outstanding tickets or the roadworthiness thereof. It is specifically agreed
that it is the sole responsibility of the Purchaser to acquaint and familiarize them with the vehicle they are
bidding on.
15. Risk on each vehicle passes onto the purchaser on the close of the auction and notification of a
successful bid once a particular lot closes on an online auction, even though upliftment/delivery has not yet
taken place. The purchaser shall bear the risk of vehicle remaining at Auction Auto SA ‘s premises, in
particular for any shortages or damage which may occur. The purchaser shall uplift the vehicle on the next
business day (prior to close of business) post the auction.
16. On the acceptance of a successful bid a document detailing (herein after referred to as the “Invoice”)
the exact identification of the vehicle sold, the price, any additional cost including but not limited to
Commission, and terms of payment are generated by the auctioneer and does the registrant hereby accept
the content thereof as summary of the sale and amount due. Such Invoice will be sent by email to the
Purchaser on day of auction.

17. The purchaser shall remove his purchases at the conclusion of the auction, and only after:
17.1 full clearance of Purchaser’s payment as set out in the Invoice have been affected,
17.2 all agreements required by Auction Auto SA has been properly signed by both parties and
17.3 Purchaser has completed and signed release note given to Purchaser by Auction Auto SA and emailed
same to Auction Auto SA.
18. Should the purchaser fail to remove any vehicle after clearance of his payment, a storage fee of R500.00
per vehicle per day shall be charged to the purchaser. Furthermore, should any vehicle purchased not be
removed after a period of 21 (twenty one) calendar days, the vehicle will be sold by the auctioneer at the
expense of the purchaser and without any further notice thereof to the purchaser. Alternatively, by written
arrangement between the auctioneer and the purchaser, the auctioneer will store the vehicle/s at the
expense of the purchaser. Storage cost will be determined by the parties before conclusion of such an
19. The purchaser shall be liable for the costs of repair for any damages caused by him to the auction
premises or any other vehicle while removing his purchases or otherwise.
20. The purchase price of each vehicle, including the amounts as set out in the invoice, will be paid by the
purchaser by way of Electronic Funds Transfer. Client is to ensure that its Buyer code will be the reference
of such payment. Auction Auto SA will never change their banking details nor require you to pay into a
different bank account via email. Auction Auto SA shall not be liable if any variation is effected to any
document or correspondence emailed unless that variation has been approved in writing by Auction Auto
21. The full Invoice amount must be paid to the auctioneer within 24 (twenty-four) hours of the conclusion
of the auction. Ownership will only pass to the purchaser on clearance of payment of the full amount as set
out in the invoice.
22. The bid price does not include Value Added Tax (VAT), unless otherwise specified by the auctioneer.
23. Buyer’s commission shall be charged and is payable by the purchaser, unless otherwise stated.
24. Facilitation fees will be charge for the registration of documents on the site.
25. If the purchaser breaches any of these Conditions of Sale, he/she shall be liable to pay any cost incurred
by the auctioneer as a result of the breach, including administration costs, storage costs, and legal costs
as between the attorney and own client including collection commission.
26. The purchaser chooses his domicilium citandi et executandi at the address supplied by himself during
the registration process on the Auction Auto SA website.
27. The parties hereto consent to the jurisdiction of the Magistrate’s Court, in terms of section 45 read with
section 28 of the Magistrate’s Court Act of 1994 as amended. Notwithstanding the foregoing, this shall not
preclude either party from approaching the High Court of South Africa for any relief sought. If any party
approaches the High Court it is specifically agreed to the jurisdiction of the Free State High Court.
28. These Conditions of Sale constitute the whole agreement between the parties as to the subject matter
hereof and no agreement, representation or warranty between the parties other than those set out herein
are binding on the parties. The parties accepting these Terms and Conditions confirm that they have read
and understood all of the terms and conditions contained herein and agree that they are bound hereto.

29. No extension of time, waiver, indulgence or suspension of any of the provisions of this agreement which
any party hereto may have given shall be binding unless recorded in a written document signed by all
30. By signing this document the signatory hereby cedes, assigns, transfers and makes over unto and in
favour of the seller and/or the auctioneer his/her/its right title and interest to all his/her/its movable property
registered in his/her/its name, such as is sufficient to satisfy his/her/its indebtedness to the seller and to the
31. To this end the signatory hereby authorizes the sheriff of the High Court or his deputy in the jurisdiction
of the High Court in which the goods in question were sold in terms of the auction to act on his/her/its behalf
in rem suam and if necessary to sign all necessary documentation for and on his/her/its behalf necessary
to give effect to this clause and the terms and conditions set out herein.
32. In the event of the signatory opposing any legal proceedings instituted in terms of these clauses, any
variations or amendments hereto shall be of any force or effect unless reduced to writing and signed by
both parties.
33. No indulgence which the auctioneer may grant to the purchaser shall prejudice or constitute a waiver
of the rights of the auctioneer or the seller, who shall not thereby be precluded from exercising any rights
against the purchaser which may have arisen in past or might arise in the future. All contracts on the sale
of properties to be signed directly after the action, and purchaser shall pay the required deposit on sale of
34. The signatory (person who agrees to the Terms and Conditions set out on the website) to this agreement
binds himself/herself as surety and co-principal debtor together with the company, close corporation, trust,
association or any other entity reflected on the face of the terms and conditions set forth more fully above
for the due fulfillment by the principal debtor of all the principal debtor’s obligations and liability arising out
of the sale of any goods to the principal debtor. In this regard the signatory as surety and co-principal debtor
renounces the legal exceptions of excussion and division, nonnumeratepecuniae, non causadebiti,
errorecaluli no value received and revision of account with which the signatory hereto is fully acquainted
and understand.
35. Any person, who registers for any auction held by by Auction Auto SA, whether online or on-site, agrees
to all the combined Terms & Conditions of by Auction Auto SA.
36. Winning bid information: A winning bid is understood to be the highest bid at the close of the auction.
Should there be a contestation to the winning bid, SA Group will refer the matter to an external IT company
who will investigate the bids leading up to the close of the auction. The decision provided by the external
company will be final and no correspondence will be entered into.
Please note that online bids are dependent on the bidders internet connection and by Auction Auto SA can
not be liable for any bids that are not received due to poor connection or unforeseen circumstances.
In the event that there is a problem with (the website) bidders will be notified of
same and a corrective course of action will be followed for all stakeholders.