RULES OF THE AUCTION
AUCTIONEER HOUSE: Auction24
ADDRESS: Stand 1382, SIYABUSWA, EXT D2
P.O BOX 5703, SIYABUSWA, 0472
AUCTIONEER MASANGO P
CONTACT DETAILS: CELL: 078 265 4677, TEL: 0861 999 126 FAX: 086 602 4924
HTTP: www.Auction-24.co.za, EMAIL: Auction24@webmail.co.za/info@Auction-24.co.za
CLIENT (Seller): Emalahleni Local Municipality (ELM)
AUCTION VENUE: @Municipal workshop, 1 Woltemade street, WITBANK, Mpumalanga,
GPS: S25.88549, E29.23026
AUCTION DATE: 11 December 2019
VIEWING: Monday 09 & Tuesday 10 December 2019 FROM 09:00 – 16:00
VIEWING ADDRESS(ES): Viewing will take place at AUCTION VENUE
REASON FOR SELLING: Normal and Voluntary disposal of goods by the seller
TYPE OF AUCTION: Reserved/ Vendor bidding
NOTE: NO CHILDREN ALLOWED DURING THE VIEWING AND SALE
Right of administration is reserved
Right reserved to withdraw any goods from sale
All local goods sold must be removed WITHIN (2) DAYS after the sale, ALL INVOICES TO BE /MUST BE SETTLED STRICTLY ON THE AUCTION DATE
Accepted payments(bank guarantee cheques /EFT only/Speedpoint/cash deposit in to our account)
- Buyers will only be issued with invoice registered on the name captured on the registration card therefore bidders should ensure that the write in hand writing visible, clean & neat also on the name that the desire that invoice to be issued with, we will not entertain nor change invoices name and whatsoever, for whatsoever reason
REFER TO CONDITIONS OF SALE
CONDITIONS OF SALE
As per sub-regulation21(8)(a) of CPA contained in sub-section B iii of the Rules of Auction, “The rules of auction need not be read out at an auction to be valid, but only if –the rules of auction were, where applicable, available to the general public at least 24 hours prior to the commencement of the auction;”
- All buyers are required to register to participate in the auction prospective bidders must have FICA documents (Proof of residential) not older than three months and pay the required refundable registration fee. Registration starts at 8:30 on auction day at auction site.
Successful Bidders, their representatives and/or workers, as well as their vehicles and equipment, shall be allowed on the auction site(s) at their own risk, and ELM nor Auction24 accepts no responsibility for their safety, or for the safety of their property. The right of admission is reserved
- RIGHT TO WITHDRAWAL
- Auctioneer and or ELM may, at any time, stop the Auction or withdraw a lot, or lots, or part of a lot, without
- providing reasons.
- HIGHEST BIDDER
The Auctioneer will award the bid to the Successful Bidder who shall be the highest bidder. Should any dispute arise between two or more bidders, the lot(s) may be put up for auction again and re-sold or, after consultation with the ELM representative, the Auctioneer may declare the Successful Bidder. Any dispute as to whether the Successful Bidder was the highest bidder shall be settled at the Auctioneer’s discretion, subject to applicable law.
- Lots may be grouped or, any single lot may be divided at the discretion of the Auctioneer, in conjunction with the ELM representative
- The order, or sequence in which lots shall be sold, may be changed at the discretion of the Auctioneer, in conjunction with the ELM representative.
- BID REFUSAL
The auctioneer together with the ELM officials have the right, if necessary to stop the auction or to withdraw any lot or lots if satisfactory prices are not obtained or to sell any lot or lots provisionally subject to confirmation of within 2 days.
- Payment of the Knock Down Price shall be made to the Auctioneer on demand by the Auctioneer and in any event immediately after the end of the auction, or such later time as agreed to by auctioneer, after the bid has been awarded to the Successful Bidder.
- (The auctioneer reserves the right to immediately demand payment from buyers once the bid has been knocked down to buyer)
- Should the Successful Bidder not make payment as contemplated above, the sale shall be cancelled and the initial Successful Bidder shall forfeit the deposit made at the time of registration and any other money paid.
- CARD MAXIMUM RANGE
- One registration card can only bid up a maximum of R500 000.00, if bidder intent to buy more that the maximum amount allocated,
- she/he must register with multiple bid cards/more than one bid card,
- Maximum card range can be increased and or decreased at Auctioneers sole/own discretion.
- (This is to avoid auction spoils)
- MINIMUM INCREMENT
The Auctioneer has the right to refuse any bid which does not exceed the previous bid by at least five percent (5%).
- FORFEITURE BY SUCCESSFUL BIDDERS
- In the event that a Successful Bidder fails to make payment after a bid has been “knocked down”, such Successful Bidder shall forfeit the deposit and any monies paid and the lot(s) concerned may be sold to other prospective bidders, after expiry of the maximum time allowed for payment after the last bid (end of auction day). At the discretion of the Auctioneer together with ELM representative, the maximum time may be extended,
- If the Successful Bidder fails to take possession of the Goods within the prescribed time allowed, ELM/Auctioneer may, without further communication, confiscate and dispose of the Goods as it may deem fit and without reimbursing the Successful Bidder
- SALE “VOETSOOTS” AND NO WARRANTIES
- The Auctioneer sell the Goods “voetstoots / as is/broken” and no claims will be considered by ELM nor Auction24 by virtue of incorrect description, quantity, inferior quality, condition, or any other ground whatsoever
- ELM nor Auction24 shall not be liable for any claims on any grounds whatsoever.
- No guarantees or warranties relating to the Goods may be given to any prospective and/or Successful Bidder by the Auctioneer, its employees or contractors.
- All driven, general, and electrical machinery, governed by the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) [the “OHSA”], which is sold by ELM, is sold “voetstoots / as is/ broken” without any maintenance documentation or operation manual.
- The Successful Bidder hereby acknowledges that the Goods are sold without any maintenance documentation and/or operation manual. The Successful Bidder hereby undertakes that it shall take all steps sufficient to ensure, as far as it is reasonably practicable, the Goods will comply with all prescribed legislative requirements and will be safe and without risks to health when properly used.”
- INSPECTION OF GOODS
Prospective bidders are advised to inspect the lot(s), or have the goods inspected before an offer is made. A bid shall be taken as proof that the bidder has acquainted himself / herself with the condition of Goods, on which the bid is made.
- OWNERSHIP AND RISK
When a lot has been “knocked down” to a registered Successful Bidder, the ownership and risk of the Goods passes to the Successful Bidder immediately, no complains will be considered thereafter.
- REMOVAL OF GOODS
- Lots purchased, may be removed at a time determined by ELM/Auctioneer. The release of any lots purchased shall only be given by the ELM representative upon receipt of the Service Provider’s permission to remove/ sales slip / invoice,
- ELM/Auctioneer shall not be responsible for any loss of, or damages to, Goods not collected by the Successful Bidder under such circumstances.
- A Successful Bidder may either personally or through their duly authorised representative/s supervise the loading of their Goods after conclusion of the auction. Auction24 nor the ELM is under no obligation to provide assistance with the loading or removal of Goods purchased.
- All Goods must be completely removed by the Successful Bidder within two (2) Business Days after the date of the sale. At the discretion of the Auctioneer together with ELM representative, the maximum time may be extended, but not later than two (02) months from auction day,
- At the Bidder’s own risk and cost. Should the Successful Bidder not remove the Goods within the prescribed time allowed, rent and storage costs shall become payable upon first expiry of the aforesaid time period.
- If the Successful Bidder fails to take possession of the Goods within the prescribed time allowed (after the first expire date of (02) days and the extended period of (02) two months), without further communication, confiscate and dispose of the Goods as it may deem fit and without reimbursing the Successful Bidder (she/he will forfeit his/her deposit/s and any amount paid, the item/s will be re-sold to cover rent and storage costs)
- ATTENDANCE AND REPRESENTATION
- Staff members of ELM, & the Service Provider (Auctioneer) and/or their related parties / persons (including family members) are permitted to place any bids or buy items being auctioned.
No Bidders, bidder’s representatives or workers shall be permitted to enter or remain on ELM premises at times which fall outside the normal working hours of ELM.
- AUCTIONEER’S COMMISSION
Upon the awarding of the bid, the Successful Bidder shall become liable for the Auctioneer’s (Buyers) Commission being ten percent (10%) Vat excl of the Knock Down Price,
A R2 500.00 documentation fee(s) levy will be charged on vehicles with registration papers)
- BANKING DETAILS:
- FIVE STAR TRADING ENTERPRISE cc t/a Auction24, STANDARD BANK, ACC 276 132 017, BRANCH 053147 REF: YOUR ID NUMBER/
- The above banking details are the official accounts for this auction, therefore bidders are to ensure at all times that the correct banking details are used, we won’t be held liable for amount paid to any other account for any whatsoever reasons, please note that we wouldn’t call/sms alternative banking details and or ask personal information over the phone,
- Bank guaranteed cheques made out to "FIVE STAR TRADING ENTERPRISE CC" only. all cheques must be handed in at registration/payment not deposited.
- No cash can or will be accepted on site due to security reasons and
- Cash deposit & speed-points payments will be subject to cash handling charge
- All monies must be cleared into our account to be acknowledged (Registration amount & Invoice payments), there no goods will be released if funds are not cleared into our account and also no registration of bidder to participate on auction if registration amounts has no cleared into our account
- LIABILITY AND DISCLAIMER
under no circumstances shall ELM nor Auction24 be liable in contract or in delict for any loss or damages (including direct, nor Auction24 be liable for any loss or damage of whatsoever nature and howsoever arising sustained by third parties, notwithstanding in either case any negligence on the part of ELM nor Auction24 or the Auctioneer or its employees or agents in the conduct of the Auction
Rules of auction comply with the Consumer Protection Act No 68, 2008
For more T’s & C’s, CPA, CPA regulations, Rules of the Auction visit: www.Auction-24.co.za