Terms


Rules of the auction

Introduction

We will make every effort to do what we commit to do, and to be as transparent as possible, but sometimes it’s best to make sure we have all our commitments written down as simply and clearly as possible. This means that we both know what our obligations are, when things need to happen and what the law states also. In these Terms and Conditions (T&C’s) you won’t find much legalese unless the law specifically requires us to. We don’t want to trick you into committing to something you can’t understand, which you may later regret. We do want what's best for the safety of both parties, now and in the future. There will be mention of the Consumer Protection Act and the sections and subsections in the Act and Regulations, as is required by this Act and Regulation. We will do our best to make it simple and understandable.
These terms and conditions only apply to individuals (natural persons). We have included a section with definitions in case you need further clarity.

PART 1: General

  1. The terms and conditions set out in this document, including
    • Part 1 - General
    • Part 2 - Terms of Registration
    • Part 3 - Auction Rules
    • Part 4 - Conditions of Sale and
    • Part 5 - Definitions and Interpretation (“Auction Terms and Conditions”)
    apply to the online motor vehicle auction platform provided by Dealers Online, which is accessible at (“Auction Platform”). For the avoidance of doubt, these Auction Terms and Conditions are applicable only to individuals (natural persons).
  2. Defined and capitalized terms used in these Auction Terms and Conditions have the meanings given to such terms in Part 5 – Definitions and Interpretation. Users, Subscribers and Purchasers (each as defined) must pay attention to the meanings that have been given to these defined, capitalized terms when reading the Auction Terms and Conditions.
  3. Users, Subscribers and Purchasers acknowledge and understand that access to and use of the Auction Platform is provided only in accordance with these Auction Terms and Conditions.
  4. Users acknowledge and understand that the general terms and conditions governing use of the Site (which terms and conditions are accessible at www.auction.co.za (“General Site Terms and Conditions”) form part of these Auction Terms and Conditions by reference, which means that the General Site Terms and Conditions apply also to any User’s (or Subscriber’s) use of, and registration for use of, the Auction Platform. Users expressly acknowledge and understand that any reference in these Rules of Auction to the “Auction Terms and Conditions” expressly includes a reference to the General Site Terms and Conditions.
  5. By registering to use www.auction.co.za as described in the Terms of Registration, Users indicate to auction.co.za that they have read and understood these Auction Terms and Conditions that they have accepted that these Auction Terms and Conditions will be binding on them and that they agree to comply with these Auction Terms and Conditions. Where any User does not agree to or accept these Auction Terms and Conditions, such User must not apply for registration as a Subscriber to the Auction Platform.
  6. In the event of any conflict between the provisions of Parts 1 – 5 of these Auction Terms and Conditions, on the one hand, and the provisions of the General Site Terms and Conditions, on the other hand, Users acknowledge and understand that the provisions of the Auction Terms and Conditions will apply.

Amendment of Auction Terms and Conditions

  1. Users acknowledge and understand that auction.co.za, as provider of the Auction Platform and as owner and operator of the Site, may amend or change these Auction Terms and Conditions from time to time.
  2. Where auction.co.za elects to amend or change the Auction Terms and Conditions, the changed version of the Auction Terms and Conditions will be made available on the Site, accompanied by the words “Amended Version”. Users agree to check the Site regularly for any amended version of the Auction Terms and Conditions that may have been posted since a User’s last visit to the Site.
  3. By logging on to www.auction.co.za after www.auction.co.za has amended or changed these Auction Terms and Conditions, Users acknowledge and understand that they have read, that they understand and that they will be accepting and agreeing to the relevant amendments or changes made.

Compliance with the CPA, ECTA and FICA

  1. Auction.co.za is committed to complying with the CPA and with all other applicable consumer protection laws, including the ECTA.
  2. In compliance with Section 43(1) of the ECTA, Auction.co.za discloses the following information to Users and Subscribers:
    • Full name and legal status: Crownmill Trading (Pty) Ltd, which is a Private Company, trading as Auction.co.za
    • Physical address: Unit 8B Phumelela Park, Cnr Montague Drive and Racecourse road, Montague Gardens, 7441, Western Cape, South Africa
    • Telephone number: 021 551 8059
    • Website address and email address: www.auction.co.za william@auction.co.za
    • Company registration number: 2015/116638/07
    • Names of directors: Mr. W.E. Miller
    • Country of registration: Republic of South Africa
    • Address for receipt of legal documents / notices: Attention: William Miller, Unit 8B Phumelela Park, Cnr Montague Drive and Racecourse road, Montague Gardens, 7441, Western Cape, South Africa
    • Membership of self-regulatory / accreditation bodies: South African Institute of Auctioneers (SAIA)
    • Contact details of named self-regulatory / accreditation bodies: 021 975 9898
    • These Auction Terms and Conditions may be reproduced electronically and stored by Users, Subscribers and/or Purchasers.
    • Auction.co.za privacy policy and security statement can be accessed at: Auction.co.za
    • A Listing relating to any Auction will be accessible at least twenty four (24) hours prior to the start or commencement of the relevant Auction and for the duration of the auction at: www.Auction.co.za
    • A full record of any sale transaction concluded via the Auction Platform, and constituted by the Conditions of Sale, may be accessed by a successful Subscriber (then a Purchaser) within a period of up to seventy two (72) hours following the Effective Date
  3. For the avoidance of doubt, nothing contained in these Auction Terms and Conditions shall operate to exclude or detract from Users’, Subscribers’ or Purchasers’ statutory rights, including consumer rights under the CPA and the ECTA, which cannot be altered by contract.

PART 2: Terms of Registration

Introduction

  1. A User who wishes to participate in a particular Auction or make use of the Auction Platform may do so only once he or she has become a Subscriber.
  2. The Terms of Registration deal with the procedure by which, and terms on which, a User may become a Subscriber.
  3. BEFORE REGISTERING AS A SUBSCRIBER TO THE AUCTION PLATFORM, A USER MUST NOTE AND UNDERSTAND THE FOLLOWING:
    • The Auction Platform is provided in respect of motor vehicles that may be owned and/or lawfully held (with the right to sell) by Auction.co.za, by any entity in the Crownmill (Pty) Ltd Group, by third-party registered companies or by registered South African banks (each of these being referred to, for the purposes of these Auction Terms and Conditions, as a “Seller”).
    • This means that Auction.co.za may or may not be the Seller of any vehicle offered for sale by or in any Auction.
    • Where Auction.co.za is not the Seller of a particular vehicle offered for sale by or in any Auction:
      • the person who is the Seller will be registered as a Seller with Auction.co.za, and will have certified in a signed declaration provided by the Seller to Auction.co.za that such Seller is the legal owner or the rightful holder of the vehicle concerned who also has the right to sell the vehicle and that such Seller is a reputable and registered South African company or a registered South African bank;
      • Auction.co.za will rely on information provided to Auction.co.za by the relevant Seller, meaning that Auction.co.za:
      • may not, itself, have inspected the relevant vehicle; and
      • does not warrant or represent that the description of any vehicle provided in a Listing is or will be accurate;
    • A contractual relationship will come into existence:
      • between Auction.co.za and a User upon the acceptance of these Auction Terms and Conditions by such User, prior to such User being permitted to access the Registration Application Form; and
      • between Auction.co.za and a Subscriber from the moment at which Auction.co.za accepts a User’s Registration Application Form and registers the User as a Subscriber as contemplated under Clause 21 below.
    • The making of a Bid may result in a contract of sale coming into existence between the relevant Subscriber (as Purchaser) and the relevant Seller, which sale will then be governed by the Auction Rules (Part 3), the Conditions of Sale and (where applicable) the remainder of these Auction Terms and Conditions.
Subscriber Registration Procedure
  1. A User who wishes to register as a Subscriber must first complete a Registration Application Form which is accessible at www.Auction.co.za.
  2. The Registration Application Form requires a User to:
    • provide Auction.co.za with the Required Registration Information;
    • the User has, or will have, the financial means to make payment in respect of any Bid that such User (then a Subscriber) makes on the Auction Platform;
    • provide Auction.co,za with the details of a bank account held in the User’s name with a registered South African bank (where applicable); and
    • declare and acknowledge that such User has read and understood these Auction Terms and Conditions, that he / she has accepted that these Auction Terms and Conditions will be binding on him / her and that he / she agrees to comply with these Auction Terms and Conditions.
  3. A User who submits a completed Registration Application Form to Auction.co.za acknowledges and understands that:
    • a binding contractual relationship between that User and Auction.co.za will come into existence upon Auction.co.za’s acceptance of such Registration Application Form and registration of such User as a Subscriber as contemplated under Clause 21 below; and
    • in so doing, such User represents and warrants to Auction.co.za that:
      • all of the Required Registration Information provided by the User to Auction.co.za, as well as any other information or documentation that may have been otherwise provided to Auction.co.za by the User, is complete, true and correct in all respects;
      • the User enjoys full and unrestricted legal and contractual capacity to enter into any contractual relationship with Auction.co.za and/or with any Seller;
      • the User has, or will have, the financial means to make payment in respect of any Bid that such User (then a Subscriber) makes on the Auction Platform.
  4. In addition to completing, signing and returning a Registration Application Form to Auction.co.za as contemplated in these Terms of Registration, a User seeking registration as a Subscriber will also be required to:
    • submit to Auction.co.za appropriate documentary proof of Pre-Approved Finance, where such User has indicated on the Registration Application Form that he / she has Pre-Approved Finance; and
    • pay the Required Deposit by using the payment gateway provided upon registration or by paying the Required Deposit into the Auction.co.za Trust Account and submit to Auction.co.za appropriate documentary proof of such payment having been made info@auction.co.za; and
    • provide Auction.co.za with such other supporting documentation as may reasonably be required by Auction.co.za.
  5. On receipt of a User’s completed Registration Application Form, Auction.co.za will review the Registration Application Form and any other or supporting documentation in order to determine whether the relevant User has complied with all applicable requirements for registration as a Subscriber. Where Auction.co.za, acting reasonably, is satisfied that the User has complied with the registration requirements, Auction will:
    • register the User as a Subscriber in respect of a particular Auction or for a particular period of time (as applicable);
    • provide the Subscriber with:
      • confirmation of the Subscriber’s successful registration as a Subscriber and the period for which that registration will remain valid (where applicable);
      • a unique username and password for the purpose of logging in to the Auction Platform; and
      • a bidder number; and
    • enter the Subscriber’s Required Registration Information and the Subscriber’s allocated username, password and bidder number into the relevant Bidders’ Record.
  6. Auction.co.za undertakes to at all times use its reasonable best efforts to ensure that the username and password of a Subscriber is kept confidential and stored securely with reference to acceptable industry encryption standards. Auction.co.za further undertakes not to disclose to any third party the username and password of any Subscriber, provided that Subscribers consent, acknowledge and understand that a third party service provider shall have created such password and username in the first instance, in terms of a standing contractual arrangement with Auction.co.za.
  7. Users acknowledge and understand that Auction.co.za reserves the right to:
    • ,refuse to register a User as a Subscriber where the relevant User does not meet or comply with the registration requirements set out in these Auction Terms and Conditions; or
    • immediately cancel a registered Subscriber’s registration as a Subscriber by way of SMS or email, and/or block or prohibit any Subscriber from being registered as a Subscriber in respect of the Auction Platform or any other or future Auction, under the following circumstances:
      • where any information provided or any representation made by the Subscriber to Auction (whether forming part of the Required Registration Information or otherwise) turns out to be materially false, misleading, incomplete or incorrect;
      • where the Subscriber breaches any material provision of these Auction Terms and Conditions and fails to rectify the relevant breach within a period of three (3) Business Days following receipt by the Subscriber of a notice delivered via SMS or email requiring the Subscriber to rectify the relevant breach;
      • where the Subscriber fails to comply, on time or at all, with any of his / her material obligations to any Seller under any contract of sale concluded between that Subscriber (then a Purchaser) and such Seller in respect of a vehicle purchased on or via the Auction Platform; and/or
      • where Auction.co.za has reasonable grounds on which to believe that the Subscriber is engaging or has engaged in bid manipulation on the Auction Platform and/or has unfairly induced any other person to make Bids on the Auction Platform and/or has altered or attempted to alter or affect bidding and prices in any way and/or has in any way colluded or attempted to collude with any person to alter or attempt to alter a fair bidding process.
Access To and Use of a Subscriber’s Personal Information
  1. By applying for registration as a Subscriber, a User agrees and consents to Auction.co.za having access to and/or conducting credit reference checks in relation to the User, including but not limited to credit reference checks conducted with credit bureaux that are registered as such under the National Credit Act, 2005, and the User indemnifies Auction.co.za in this regard to the fullest extent permitted by law.
  2. The User further undertakes to make available to Auction.co.za such documentation as may be reasonably required and requested by Auction.co.za for the purpose of verifying the information supplied by the User to Auction.co.za, such information including but not being limited to:
    • a. the User's full name, identity or passport number, age, cell number, email address, physical address and internet protocol (IP) address; and
    • b. the User’s bank account details and / or drivers licence details (where applicable).
  3. Users acknowledge and understand that Auction.co.za, in relation to the offering of the Auction Platform:
    • is required to comply with the requirements of applicable law, including (but not limited to) the CPA and FICA, which imposes certain identification and verification obligations on Auction.co.za (as Auctioneer / Auction House);
    • may require Users seeking registration as Subscribers to attend in person at the business premises of Auction.co.za, in order to comply with the obligations imposed by the CPA and/or FICA; and
    • is obliged by the provisions of the CPA to keep, and make available in accordance with the CPA, certain records (including the Bidders’ Record and the Vendor’s Roll), and that these records include records in relation to the Subscriber.
  4. By applying for registration as a Subscriber, a User expressly agrees to:
    • co-operate fully with Auction.co.za’s efforts and measures aimed at ensuring compliance with applicable law, including but not limited to the CPA ECTA and FICA; and
    • Auction.co.za keeping, and making available for inspection, such information and records in relation to the Subscriber as Auction.co.za may be obliged by law to keep and / or make available for inspection.
Indemnity
  1. To the fullest extent permitted by law, and except for any statutory liability that Auction.co.za may have towards Users, towards Subscribers and or Purchasers, as prescribed:
    • under the CPA; and / or
    • under the ECTA; and / or
    • under the FICA; and /or
    • under any other law,
    which cannot be disclaimed or altered by agreement, Users, Subscribers and Purchasers acknowledge and understand that Auction.co.za shall not be responsible or liable for any damage or loss of any nature whatsoever arising under these Auction Terms and Conditions, or from a User’s registration as a Subscriber, or in relation to any of a Subscriber’s or Purchasers activities on or use of the Auction Platform, or otherwise.
  2. Notwithstanding Clause 28, and to the fullest extent permitted by law, Users and Subscribers acknowledge, understand and agree that the maximum cumulative liability of Auction.co.za, where found to exist in terms of these Auction Terms and Conditions, shall never exceed an amount of R1 (one) million.
  3. For the avoidance of doubt, Clauses 28 and 29 apply to the whole of the Auction Terms and Conditions, and not only to the Terms of Registration.

PART 3: Auction Rules

The rules set out in this Part 3 apply to the conduct of Auctions by Auction.co.za (as Auctioneer / Auction House), whose full registered name, physical address and contact details are set out in Clause 12 of Part 1 of these Auction Terms and Conditions.
Compliance with the CPA
  1. These Auction Rules, read together with the remaining Parts of these Auction Terms and Conditions, comply with Section 45 of the CPA and with the applicable CPA Regulations.
  2. Users and Subscribers acknowledge and understand that, in the event of any conflict between these Auction Rules (or the Auction Terms and Conditions as a whole) and the provisions of the CPA or those of the CPA Regulations, the provisions of the CPA or the CPA Regulations will apply.
  3. Auction.co.za draws Subscribers’ attention to Section 45(2) of the CPA, which reads as follows: "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."
Notice of Reserve Price and Right to Bid
  1. Auction.co.za gives notice to Subscribers that:
    • Not all Auctions will be subject to Reserve Price;
    • any Seller (including Auction.co.za, acting on its own behalf) has the right to engage in bidding, and may engage in bidding, in respect of any Auction;
    • Auction.co.za has the right to, and may from time to time, engage in bidding in respect of any Auction for and on behalf of third parties, by way of proxy; and
    • Auction.co.za (as Auctioneer / Auction House) may from time to time engage in bidding in respect of an Auction on behalf of any Purchaser/Principal, up to the Reserve Price.
Commencement Time
  1. An Auction will begin at the time indicated in the relevant Listing, and no Auction will be delayed to enable any specific person, or persons in general, to take part in the relevant Auction
Registration
  1. A User or other person who wishes to participate in any Auction or access the Auction Platform must first register with Auction.co.za as a Subscriber, in accordance with the Terms of Registration, prior to commencement of the relevant Auction (where applicable).
  2. Users acknowledge and understand that:
    • Auction.co.za may not accept a Bid from any User or any other person who is not registered as a Subscriber and whose details have not been entered into the Bidders’ Record in respect of a particular Auction; and
    • the Bidders’ Record in respect of any Auction, as regards the names of bidders and allocated bidder numbers, will be made available by Auction.co.za for inspection by appointment and free of charge:
      • during the relevant Auction; and
      • before or after the relevant Auction,
        during normal business hours, via electronic means. Please email info@auction.co.za
Representation of Third Parties
  1. Where a User intends to engage in bidding in any Auction on behalf of another person (“ Principal”), and without detracting in any way from the requirements for registration as a Subscriber set out in the Terms of Registration, Auction.co.za will require:
    1. such User to submit to Auction.co.za a letter of authority (proxy) from the Principal expressly authorising such User to make Bids in the relevant Auction on the Principal’s behalf;
    2. that both the Principal and such User be registered as Subscribers in accordance with Clauses 17 – 20 above and be appropriately identified where necessary in order to comply with FICA; and
    3. the identities and relevant details of both the Principal and the relevant User to be registered and entered into the relevant Bidders’ Record.
  2. Where Auction.co.za intends to engage in bidding in any Auction on behalf of any third party as Principal (in accordance with Clause 34 c.), Auction.co.za will ensure that:
    1. Auction.co.za has received a letter of authority (proxy) from the relevant third party, expressly authorizing Auction.co.za to make Bids in the relevant Auction on the third party’s behalf;
    2. the relevant third party is registered as a Subscriber in accordance with Clauses 17 – 20 above (as determined by Auction.co.za) and is appropriately identified where necessary in order to comply with FICA; and
    3. the identities and relevant details of both the third party and Auction.co.za are entered into the relevant Bidders’ Record.
Bidding
  1. Subscribers acknowledge and understand that:
    • all Bids must be submitted electronically via the mechanism provided on the Auction Platform, and no alternative method of bidding will be considered or accepted in relation to any Auction;
    • any Bid submitted constitutes a legal and binding offer made to the Seller by that Subscriber (Purchaser) to purchase the relevant vehicle, on the terms and conditions contained in the Conditions of Sale, but that such Bid may be retracted or revoked by the Subscriber up until the Closing Time;
    • an Auction will end at the Closing Time; and
    • in the event of a dispute arising between two or more bidders in respect of the same Auction and the same vehicle/s, Auction.co.za's record of the highest Bid standing in respect of a particular vehicle as at the Closing Time (such Bid being the “Successful Bid”) shall stand, provided that Auction.co.za shall use its reasonable best efforts to ensure that such record is accurate.
  2. The Auction Platform will automatically communicate a Successful Bid("Successful Bid Communication") to the relevant Subscriber and to Auction.co.za in accordance with the methods described under Clause 50 m. i. below, after which the relevant Subscriber shall become a Purchaser.
Sale of Goods or Lot
  1. Subscribers and/or Purchasers acknowledge and understand that a contract of sale shall come into existence between the Purchaser and the Seller, on the terms and conditions set out in the Conditions of Sale, on the date on which a Successful Bid Communication is sent to the relevant Subscriber (then a Purchaser), as contemplated under Clause 41 (this date being the “Effective Date”).
  2. Without detracting from the consequences of the Purchaser’s failure to pay the Purchase Price to the Seller as contemplated in Clause 57 below, Subscribers and Purchasers acknowledge and understand that, where a Purchaser fails to make payment of the Purchase Price as required, the Seller or his / her representative may:
    • cancel the contract of sale and give notice to the Purchaser of such cancellation by any of the methods provided for in Clause 50 m. below; and
    • sell the vehicle/s forming the subject of the relevant cancelled contract/s of sale to the second- highest bidder (as certified by Auction with reference to Auction’s records of the relevant Auction, including the relevant Vendor’s Roll).
  3. Subscribers and Purchasers further acknowledge and understand that, in the event of the cancellation by the Seller of a contract of sale (as contemplated in Clause 43 a. above) as a result of late payment or non- payment by the Purchaser of the Purchase Price:
    • the Seller stands to suffer:
      • damage and loss, including (but not limited to) the difference between the Purchase Price, on the one hand, and the price at which the relevant vehicle or lot may ultimately be sold to another Subscriber, on the other hand; and
      • such further damage as the Seller may be able to prove to have suffered,
      for which damage and loss the Purchaser may be held liable to the Seller;
    • the Purchaser shall be liable to pay to Auction.co.za a commission, the amount of which shall not exceed 10% (ten percent) as permitted under Regulation 24(d) of the CPA Regulations; and
    • Such commission will be set off against the Purchasers deposit;
    • Auction.co.za may, at Auction.co.za’s discretion, block or prohibit such Purchaser from becoming registered as a Subscriber in respect of the Auction Platform or any other or future Auction, this can be on a temporary or permanent basis
  4. Subscribers and Purchasers acknowledge and understand that the provisions of Clause 43 and Clause 44 a. above shall be deemed to be incorporated by reference into the Conditions of Sale between a Purchaser and the relevant Seller.
Important General Provisions Relating to Auctions
  1. Users, Subscribers and, where applicable, Purchasers expressly acknowledge and understand the following:
    • Auction.co.za maintains the Trust Account.
    • Any Required Deposit will be held by Auction.co.za in the Trust Account, until such time as such Required Deposit is either refunded to the relevant User / Subscriber in terms of these Auction Terms and Conditions or paid over by Auction.co.za to the relevant Seller in accordance with Clause 58 below.
    • In the event of the insolvency of the bank with which Auction.co.za holds the Trust Account, any Required Deposit held by such bank at such time will, in terms of applicable law, form part of the bank’s insolvent estate, and the relevant User / Subscriber or other beneficial owner of any such Required Deposit will then have a concurrent claim against the bank’s insolvent estate.
    • A Purchaser is required to pay the Purchase Price to the relevant Seller directly, as detailed further in the Conditions of Sale.
    • In most instances, the reason for the holding of any Auction is the normal and voluntary disposal of the relevant vehicle/s by Sellers. Where there is a different reason for any Auction, Auction.co.za will announce the reason for the Auction, on the Auction Platform, on the Site or in the relevant Listing and Auction advertising.
    • The Bidders’ Record and the Vendor’s Roll, in respect of any Auction, will be made available by Auction.co.za for inspection by any person entitled under the CPA to inspect the Bidders’ Record and the Vendor’s Roll (as applicable), and to the extent required in terms of the CPA, during normal working hours and without charge.
    • Auction may not allow bidding on any vehicle or lot which has not been:
      • included in an Advertisement; and
      • included in the relevant Listing.
    • A Seller may withdraw any vehicle included in a Listing, and forming the subject of an Auction, at any time prior to the Closing Time. (Subject to no bid/s received on the vehicle at the time. Bidders will be notified of the intend to withdraw when bids above reserve have been placed on the vehicle.
    • Subject to Clause 50 k. below, Subscribers will be provided with a comprehensive online inspection report detailing the condition of the vehicle. Subscribers are entitled to inspect any vehicle referenced in any Listing on the Business Day preceding the relevant Auction, or on the date of the Auction itself as specified in the relevant Listing, and no fee will be charged in relation to such inspection. Inspections will be held at the location disclosed on the vehicle inspection/description.
    • Subscribers acknowledge and understand that any vehicle available for inspection by any Subscriber in accordance with Clause 50 i. will have a Regulation 32 Notice attached to such vehicle, for the Subscriber’s information and consideration.
    • Subscribers are required to submit or adhere to such security measures as Auction.co.za and/or the Sellers may reasonably determine in respect of any inspection of any vehicle/s referenced in a Listing and forming the subject of any Auction.
    • Auction.co.za may not, and does not, charge a Subscriber for participating in an Auction.
    • All communications from Auction.co.za to any Subscriber may be effected:
      • by SMS; or
      • by email; or
      • by pre-paid registered post to the Subscriber's provided address, in which event the Subscriber shall be deemed to have received such communication on the fourth (4th) Business Day after posting.

PART 4: Conditions of Sale

Contract of Sale

  1. Subscribers and contract of sale concluded on the Effective Date between a Purchaser and a Seller in relation to any Auction. Purchasers acknowledge and understand that these Conditions of Sale shall govern any
  2. For the avoidance of doubt, the information set out in the relevant Successful Bid Communication, including the description of the relevant vehicle and the Successful Bid, shall be incorporated by reference into these Conditions of Sale, and will accordingly form part of the contract of sale concluded between the relevant Purchaser and the relevant Seller.
Duties / Obligations of the Purchaser
  1. The Purchaser is required, as soon as reasonably possible but in any event no later than within 48 (forty-eight) hours of the Effective Date, to:
    • make payment of the Purchase Price to the Seller, in accordance with Clause 57 below;
    • take / accept Delivery; and
    • sign a Delivery Receipt.
Duties / Obligations of the Seller
  1. The Seller must: Duties / Obligations of the Seller
    • a. deliver the vehicle/s purchased to the Purchaser Auction.co.za’s premises as indicated in the description of the vehicle, simultaneously with and against payment of the Purchase Price by the Purchaser to the Seller; and
    • b. provide the Purchaser with the Vehicle Registration Papers, simultaneously with and against full payment of the Purchase Price by the Purchaser to the Seller, subject to Clause 55 below.
  2. The Purchaser acknowledges and accepts that delays beyond the Seller’s control may occur in relation to the obtaining of Vehicle Registration Papers, and that the Seller may, as a result, not be in a position to provide the Vehicle Registration Papers to the Purchaser at the time of Delivery and/or simultaneously with and against payment of the Purchase Price by the Purchaser to the Seller.
  3. Notwithstanding the provisions of Clause 55 above, the Seller undertakes to use its reasonable best efforts to ensure that the Vehicle Registration Papers are provided to the Purchaser at the time of Delivery and/or simultaneously against payment of the Purchase Price by the Purchaser to the Seller, or as soon as possible thereafter.
Payment of the Purchase Price
  1. For the purposes of Clause 53 a. above, the Purchaser must pay the Purchase Price to the Seller in accordance with the following provisions:
    • Payment must be made by electronic funds transfer (EFT) no later than 48 (forty-eight) hours following the Effective Date, directly into the nominated bank account of the Seller, details of which bank account shall be provided by the Seller to the Purchaser in writing and without delay (“Nominated Account”).
    • The Purchaser acknowledges and understands that the Seller will not accept payment of the Purchase Price in cash, unless the Purchaser and the Seller have agreed otherwise in writing.
    • The Purchaser further acknowledges and understands that he / she is aware:
      • of his / her obligation to pay the Purchase Price to the Seller on or before the due date; and
      • that an instruction by the Purchaser to his / her bankers for payment of the Purchase Price to be effected by way of electronic funds transfer into the Nominated Account may not necessarily result in the immediate transfer of the Purchase Price into the Nominated Account (in that electronic funds transfers are subject to delays from time to time).
    • Having regard to the acknowledgements recorded in b. and c. above, the Purchaser acknowledges and agrees that:
      • in effecting payment of the Purchase Price by way of electronic funds transfer, the Purchaser's bank shall act as the Purchaser’s agent; and
      • it is the responsibility of the Purchaser to ensure that the Purchase Price reaches the Nominated Account as cleared funds that are immediately available to the Seller, on or before the due date for payment of the Purchase Price.
    • The Purchaser acknowledges and understands that, without limiting any other right/s that the Seller may have in terms of these Conditions of Sale, any part of the Purchase Price that remains unpaid after the due date for payment by the Purchaser of the Purchase Price will attract interest. Interest will be:
      • calculated from the date on which the unpaid amount should have been paid up until the date on which such amount is paid by the Purchaser in full, at a rate of 15.5% per year; and
      • compounded monthly, in advance.
Transfer of the Required Deposit to the Seller
  1. Within 48 (forty-eight) hours of Auction.co.za having received a Successful Bid Communication as contemplated under Clause 41 above, Auction shall transfer the relevant Required Deposit that has been paid to Auction by the Purchaser in accordance with Clause 20 b. above to the relevant Seller, by way of direct electronic funds transfer.
  2. TRANSFER OF OWNERSHIP Notwithstanding Delivery having taken place, and/or the provision of the Vehicle Registration Papers to the Purchaser, the Seller will remain the legal owner of the vehicle until such time as the Purchase Price has been paid by the Purchaser in full in accordance with the provisions of Clauses 57 and 58 above.
  3. POSSESSION, RISK AND DELIVERY
    • Delivery will be made against payment in full by the Purchaser of the Purchase Price to the Seller, in accordance with Clauses 53, 57 and 58 above and within 48 (forty-eight) hours of the Effective Date as provided in Clause 52 above.
    • All risk of damage to or loss in the vehicle will pass from the Seller to the Purchaser upon acceptance of Delivery.
    • Without prejudice to any other right that the Seller may have under these Conditions of Sale where the Purchaser fails to take / accept Delivery within 48 (forty-eight) hours of the Effective Date, the Purchaser acknowledges and agrees that the Seller will be entitled to charge the Purchaser a storage fee of R114.00 per day (VAT-inclusive), until such time as the Purchaser takes Delivery or until such time as the Seller elects to cancel the contract of sale between the Purchaser and the Seller in relation to the particular vehicle, in accordance with these Conditions of Sale. Such storage fee’s will be offset against the Purchasers deposit.
  4. WARRANTIES BY PURCHASER The Purchaser warrants to the Seller that:
    • the information and/or documentation provided by the Purchaser (as a Subscriber) to Auction.co.za in the Registration Application Form, or otherwise, is complete, true and correct in all respects;
    • the Purchaser has not, whether directly or indirectly, engaged in or been involved in bid manipulation on the Auction Platform and/or unfairly induced any other person to make Bids on the Auction Platform and/or altered or attempted to alter or affect bidding and prices in any way and/or in any way colluded or attempted to collude with any person to alter or attempt to alter a fair bidding process; and
    • the Subscriber is aware that it is the Subscribers responsibility to inspect the vehicle and to satisfy himself / herself as to the condition of the vehicle/s prior to bidding on the vehicle or lot.
  5. WARRANTIES BY SELLER The Seller warrants to the Purchaser that:
    • it is the owner of the vehicle and/or is lawfully authorised to sell the vehicle and transfer free and unencumbered title to the vehicle to the Purchaser;
    • to the best of the Seller’s knowledge and belief, the description of the vehicle and the particulars given in relation to defects and / or reconditioning requirements (where applicable) are accurate, and the estimates in respect of reconditioning costs (where applicable) are reasonably accurate and market-related; and
    • the vehicle will, as at the Effective Date, be in substantially the same condition as it was in as at the date of the relevant Advertisement and Listing, fair wear-and-tear accepted.
  6. VOETSTOOTS
    • Subject to Clause 62 above, a Subscriber / a Purchaser understands and acknowledges that any vehicle sold by or in any Auction is sold:-
      • voetstoots or “as is”; and
      • as seen by such Subscriber (Purchaser) in accordance with the inspection right granted to Subscribers under Clause 50 i. above.
    • Subject to Clause 28 above, the Purchaser further acknowledges and understands that the Seller disclaims liability for any and all warranties and/or representations that may have been made to the Purchaser (or to any Subscriber) prior to the Effective Date, and whether express, oral or implied, unless such warranties are also contained in Clause 62 above or elsewhere in these Auction Terms and Conditions, or in the relevant Advertisement, or in the relevant Listing or in the relevant Regulation 32 Notice, or were otherwise reduced to writing by or on behalf of the Seller.
  7. VAT
    • Subscribers expressly acknowledge and understand that any Reserve Price shall be VAT-inclusive.
    • Subscribers expressly acknowledge and understand that any Bid will be deemed to be VAT- inclusive.
    • The Seller will be required to provide the Purchaser, against payment by the Purchaser of the Purchase Price, with a properly constituted VAT invoice, in respect of the vehicle/s in question.

PART 5: Definitions and Interpretation

Definitions

Unless expressly stated or unless the context indicates otherwise, the following words or expressions have the following meanings in these Auction Terms and Conditions:

Advertisement:
means an advertisement which complies fully with the provisions of Regulations 19 and 20 of the CPA Regulations and which has been posted to the Site by Auction.co.za at least 24 hours prior to the commencement or start of the Auction in which the vehicles described in that Advertisement are proposed to be sold;
Auction
means an electronic, motor vehicle auction to be conducted by Auction.co.za via the Auction Platform from time to time, on the date and at the time stipulated in the relevant Listing;
Auctioneer / Auction House
means Auction.co.za
Auction Platform
has the meaning given to this term in Clause 1;
Auction Terms and Conditions
has the meaning given to this term in Clause 1; “Auction.co.za” means Crownmill Trading (Pty) Ltd;
Auction.co.za Trust Account
means the separate bank account held by Auction.co.za for the purpose of holding any Required Deposit from time to time in accordance with these Auction Terms and Conditions, the details of which account are set out in the Registration Application Form;
Bid
means a bid made by any registered Subscriber (whether directly or through another party acting on such Subscriber’s behalf) in respect of any Auction, and which represents the total, monetary amount that the relevant Subscriber is willing to offer to the Seller for the vehicle in question, inclusive of VAT and inclusive of the Required Deposit paid by such Subscriber in terms of Clause 20 b.;
Bidders’ Record
means a document contemplated under Regulation 26 of the CPA Regulations, which contains the names and bidder numbers of all Subscribers or other persons who are registered to participate in a particular Auction;
Business Day
means any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa;
Closing Time
means the time at which a particular Auction will officially close as stipulated in the relevant Listing, subject to any extensions to such time that may be applied by Auction.co.za at Auction.co.za’s discretion under the circumstances described in such Listing;
Conditions of Sale
means the conditions governing the contractual relationship between a Seller and a Purchaser in respect of the sale and purchase of a particular vehicle, or particular vehicles, in an Auction;
CPA
means the Consumer Protection Act, 2008;
CPA Regulations
means the general regulations promulgated under the CPA, dated 1 April 2011;
Delivery
means the handing over of the relevant purchased vehicle to the Purchaser at the Seller’s place of business, or at such other location as may have been agreed to in writing between the Purchaser and the Seller;
ECTA
means the Electronic Communications and Transactions Act, 2002; “Effective Date” has the meaning given to this term in Clause 42;
FICA
means the Financial Intelligence Centre Act, 2001;
General Site Terms and Conditions”
has the meaning given to this term in Clause 5;
Listing”
means a notice published on the Site by Auction, from time to time, notifying Subscribers of an upcoming Auction, which Listing will contain particulars of all of the vehicles to be offered for sale at a particular Auction, the date on which and time at which the relevant Auction will begin, the name of the Auctioneer / Auction House, the Closing Time and other related matters;
Nominated Account
has the meaning given to this term in Clause 57 a.;
Pre-Approved Finance
means arranged finance of a value in line with the value of the vehicle to be bid on, which has been approved and granted in favour of a User by a registered South African bank or other appropriate financial institution, prior to such User seeking registration as a Subscriber, and which approval is to remain valid for the entire period of time during which a relevant Auction is to be conducted up until the Closing Time;
Principal
has the meaning given to this term in Clause 38;
Purchase Price
means the relevant Successful Bid minus the relevant Required Deposit paid to Auction.co.za in terms of Clause 20 b.;
Purchaser”
means a Subscriber whose Bid for any vehicle in any Auction has become a Successful Bid, as indicated through a Successful Bid Communication;
Registration Application Form”
means the standard online registration application document prescribed by Auction.co.za from time to time, which document must be completed by a User in order for that User to apply to become a Subscriber, in accordance with the provisions of the Terms of Registration;
Regulation 32 Notice”
means a notice that is required to be attached by Auction.co.za to any vehicle offered for sale in any Auction and for inspection by any Subscriber, containing all of the information set out in Regulation 32 of the CPA Regulations;
Required Deposit”
means a monetary deposit in the amount of ZAR 5000, payable or paid by a User by way of an electronic funds transfer in accordance with the Terms of Registration, which deposit will be refunded to the relevant User where that User does not become a Subscriber for any reason, or where such User (then a Subscriber) elects not to participate in the relevant Auction for any reason or where any Bid placed by such User (then a Subscriber) in respect of the relevant Auction does not become a Successful Bid;
Required Registration Information”
means, in relation to a User seeking registration as a Subscriber, such User’s full names, identity or passport number, age, physical address, internet protocol (IP) address and confirmation of the manner in which the User will effect payment to the Seller in the event of any Bid made by such User (then being a Subscriber) becoming a Successful Bid;
Reserve Price”
means the minimum price, inclusive of VAT, at which a Seller is prepared to sell a particular vehicle; “Seller” has the meaning given to this term in Clause 16 a.;
Site
means the internet website owned and operated by Auction.co.za and located at www.auction.co.za;
SMS
means a short message service provided through a telecommunications system;
Subscriber
means a User whose Registration Application Form has been accepted by Auction.co.za in accordance with the provisions of the Terms of Registration and, in particular, in accordance with the provisions of Clause 21;
Subsidiaries
has a meaning corresponding to the meaning of the term “Subsidiary” in the Companies Act, 2008; “Successful Bid” has the meaning given to this term in Clause 40 d.;
Successful Bid Communication
has the meaning given to this term in Clause 41;
Terms of Registration
means the terms of registration set out in Part 2 of these Auction Terms and Conditions; “User” means any natural person who accesses the Site but who has not yet become a Subscriber;
VAT
means value-added tax, in terms of the Value-Added Tax Act, 1991;
Vehicle Registration Paper
means the original vehicle registration papers and all other documentation that may be required by a Purchaser in order to successfully effect registration of the transfer of ownership of a purchased vehicle in the Purchaser’s name; and
Vendors’ Roll
means a document required to be maintained by Auction.co.za in terms of Regulation 28(4) of the CPA Regulations, and which contains all of the information prescribed under Regulation 28(4)(a)–(i). i. ii. iii. iv. v. vi. vii. a. b. c.
Interpretation
  • The heading of any Clause of these Auction Terms and Conditions is included for convenience only and shall not play any part in the interpretation of these Auction Terms and Conditions.
  • Unless a contrary intention clearly appears from the context:
    • a reference to any one gender in these Auction Terms and Conditions is a reference also to the other two genders;
    • any reference to the singular includes a reference to the plural, and vice versa; and
    • any reference to a person includes a reference to natural persons (individuals) juristic (legal) persons (such as, but not limited to, companies).
  • Any reference in these Auction Terms and Condition to any statute or legislative provision is a reference to such statute or legislative provision as at the date on which any User / Subscriber accepts these Auction Terms and Conditions, and then as amended from time to time.
  • If any provision included in a definition in this Part 5 is actually a substantive provision imposing rights or obligations on any party, effect will be given to such a provision as if such provision were a substantive provision included in the body of these Auction Terms and Conditions.
  • Where figures are referenced in numbers and in words, the words will take precedence where there is any conflict between such numbers and such words.
  • Users and Subscribers acknowledge and agree that the expiry or termination of these Auction Terms and Conditions for any reason will not affect those Clauses of these Auction Terms and Conditions which must, of necessity, continue to apply or have effect after such expiry or termination, notwithstanding that the relevant Clauses themselves do not expressly provide for this.
  • The eiusdem generis rule, and the rule of construction that indicates that a contract shall be interpreted against the party responsible for the drafting or preparation of such contract in the event of ambiguity in the contract’s terms, will not apply to these Auction Terms and Conditions.

Paygate - Terms & Conditions

  1. Detailed description of goods and/or services: Auction.co.za is a business in the auction industry that auctions motor vehicles in the public domain.
  2. Delivery policy Subject to availability and receipt of payment, funds will be reserved and process immediately upon confirmation of being the winning bidder. This will be confirmed via email. Once the remainder of the purchase price has been received, the vehicle can be delivered.
  3. Export restriction The offering on this website is available to South African clients only.
  4. Return and Refunds policy The provision of goods and services by Auction.co.za is subject to availability. In cases of unavailability, Auction.co.za will refund the client in full within 30 days. Cancellation is subject to the Terms and Conditions available on this website which are governed by the Consumer Protection Act, also accessible on this website.
  5. Customer Privacy policy Auction.co.za shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.
  6. Payment options accepted Payment may be made via Visa, MasterCard, Instant EFT or by bank transfer into the Auction.co.za bank account, the details of which will be provided on request.
  7. Card acquiring and security Card transactions will be acquired for Auction.co.za via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
  8. Customer details separate from card details Customer details will be stored by Auction.co.za separately from card details which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za.
  9. Merchant Outlet country and transaction currency The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
  10. Responsibility Auction.co.za takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
  11. Country of domicile This website is governed by the laws of South Africa and auction.co.za chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, Unit 8B Phumelela Office Park, Cnr Montague Gardens and Racecourse Roads, Montague Gardens, 7441 .
  12. Variation Auction.co.za may, in its sole discretion, change this agreement or any part thereof at any time without notice.
  13. Company Information This website is run by Crownmill Trading (Pty) Ltd based in South Africa trading as Auction.co.za and with registration number 2015/116638/07 and William Miller and Renaldo De Jager as Directors
  14. Auction.co.za contact details Company Physical Address Unit 8B Phumelela Office Park, Cnr Montague Gardens and Racecourse Roads, Montague Gardens, 7441
    Email: info@auction.co.za
    Telephone: 0215518059

Use of Cookies and Other

  1. www.auction.co.za may use “cookies” to enable you to sign in to our services and to help personalise your online experience. A cookie is a small text file that is placed on your hard drive by the www.auction.co.za Web server. Cookies contain information, including personal information that can later be read by a Web server in the domain that issued the cookie to you. The information that cookies collect may include the date and time of your visit, information which you provided when subscribing to a communication or signing up for a service, and your navigational history. Any data obtained through cookies is maintained in a secure manner and is used only for internal purposes by www.auction.co.za and its authorised contractors. www.auction.co.za does not collect personal information without your knowledge and permission, nor do we sell or rent any site visitor data.
  2. In some cases, our other third-party service providers may use cookies on our Site. We have no access to or control over these cookies. This privacy statement covers the use of cookies by the www.auction.co.za web server only, and does not cover the use of cookies by third parties.
  3. You have the ability to accept or decline cookies. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies by electing “turn off cookies” on your browser settings. If you choose to decline cookies, you may not be able to sign in or use any interactive features of our Site and services that depend on cookies.
  4. In addition to cookies, we may use other technologies, including single-pixel images on our Site and in promotional e-mail messages or newsletters. These tiny electronic images assist us in determining how many users have visited certain pages or opened messages or newsletters. We do not use these images to collect personal information.

PAIA

  1. The Promotion of Access to Information Act (PAIA) – effective 9 March 2001 – states that everyone has the right to access any information held by the state or by another person that is required for the exercise and protection of any rights. This information must be quick, effortless and inexpensive to access, to uphold values of transparency, accountability, efficient governance and compliance with the law. The Act is mindful of all other rights within the constitution, ensuring that privacy and confidential documents remain protected. It is aimed at creating an open, empowering and democratic society that supports a culture of human rights and social justice.
    PAIA Manual (1,113 KB)

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