Vehicle Auction Runners / Non-Runners 19 August 22

Presented by: RS Auctioneers PTY (Ltd) 2

Contact No: +27 823744388

Email: [email protected]

Location: Bloemfontein

Start: 2022-07-19 15:00

End: 2022-08-19 08:30

Tax Rate on Fees: 15,00%

Currency: ZAR

USED VEHICLES - DECEASED ESTATE, REPO AND PRIVATE

RUNNERS AND NON-RUNNERS

Contact: Reuben Saayman 0823744388       [email protected]     

Shawn Saayman 0828281708    Suzette Saayman 0824113419   [email protected]

AUCTION TYPE: ONLINE (TIMED SEQUENTIAL CLOSING ON 19 AUGUST FROM 10H30 WITH A 1 MINUTE INTERVAL RULE)

SPECIAL CONDITIONS OF SALE / AUCTION PROCEDURE

1.  Read full details of Rules of Auction / Terms and Conditions / Special Conditions of Sale / Vehicle

     Condition Reports under Documents Tab on Website and Online Platform.

2.   By registering/bidding bidders acknowledge and accept all Rules of Auction and Procedure of Auction/ Bidding. FICA documents compulsory.

3.  A person who attends the live auction to bid or intends to bid online on behalf of any individual / juristic person, as a bidder / purchaser, the following details of the individual / juristic person / entity      must be provided: Identity document, residential address, business entity registration vat number (if applicable), phone number, email address, physical address, proof of address and signed resolution to act on behalf of an individual or juristic person.

4. By placing a bid, bidders warrant that they have the ability and the intention to proceed with the

    Purchase of the goods and/or lots. By bidding, bidders confirm that they accept the condition of the goods as described “as is” in the lots and no bid will be cancelled or payment refunded after      auction. All goods are sold without a “duty to repair”.

5.  The purpose of the Vehicle Condition Report is to supply information based on an audio-visual and observational inspection of the vehicle and functional check points of components and accessories.

6.  Delivery / collection point – Bloemfontein.

7.  Registration Fee R10 000-00 bidders must submit all required FICA Documents.

8.   Vehicles are sold subject to a reserve price unless a no reserve is indicated.

9.    Confirmation period – Seller must confirm/accept/decline/negotiate bid amount placed within 24 hours.

10.  Payment – purchases must be paid within 24 hours after auction closed.

11.  VAT on the item/lot amount as applicable, will be indicated under the details of each Lot.

12.  Commission – Different % Buyers commission

       NON-RUNNERS - 10 % PLUS VAT ON COMMISSION

              RUNNERS -   6 % PLUS VAT ON COMMISSION    

 NOTE:LOT 001, 002 , 200 ESTATE VEHICLES  - 15% PLUS VAT ON COMMISSION

13.  R1 750-00 documentation fee plus VAT on every vehicle.

 I / We, THE BUYER / SELLER, HEREBY CONFIRM THAT THE FULL EXTENT OF OUR OBLIGATIONS AND RIGHTS HEREIN HAVE BEEN EXPLAINED AND HAS BEEN GIVEN AN OPPORTUNITY TO MAKE THE NECESSARY ENQUIRIES IN RESPECT OF THE SALE AND THAT I / WE UNDERSTAND THE EFFECT OF THIS RULES OF AUCTION AND CONDITIONS OF SALE.

AUCTION TYPE: ONLINE (TIMED AUCTION SEQUENTIAL CLOSING FROM  10H30  WITH A 1 MINUTE INTERVAL RULE)

PRODUCT TYPE: USED VEHICLES

1.  Read full details of Rules of Auction / Terms and Conditions / Special Conditions of Sale / Vehicle

      Condition Reports under Documents Tab on Website and Online Platform.

2.   By registering/bidding bidders acknowledge and accept all Rules of Auction and Procedure of Auction/  Bidding. FICA documents compulsory.

3.  A person who attends the live auction to bid or intends to bid online on behalf of any individual / juristic person, as a bidder / purchaser, the following details of the individual / juristic person / entity must be provided: Identity document, residential address, business entity registration vat number (if applicable), phone number, email address, physical address, proof of address and signed resolution to act on behalf of an individual or juristic person.

4. By placing a bid, bidders warrant that they have the ability and the intention to proceed with the

    Purchase of the goods and/or lots. By bidding, bidders confirm that they accept the condition of the goods as described “as is” in the lots and no bid will be cancelled or payment refunded after auction. All goods are sold without a “duty to repair”.

5.  The purpose of the Vehicle Condition Report is to supply information based on an audio-visual and observational inspection of the vehicle and functional check points of components and accessories.

6.  Delivery / collection point – Bloemfontein.

7.  Registration Fee R10 000-00 bidders must submit all required FICA Documents.

8.   Vehicles are sold subject to a reserve price unless a no reserve is indicated.

9.   Confirmation period – Seller must confirm/accept/decline/negotiate bid amount placed within 24 hours.

10.  Payment – purchases must be paid within 24 hours after auction closed.

11.  VAT on the item/lot amount as applicable, will be indicated under the details of each Lot.

12.  Commission – Different % Buyers commission

       NON-RUNNERS - 10 % PLUS VAT ON COMMISSION

              RUNNERS -   6 % PLUS VAT ON COMMISSION    

NOTE: LOT 001, 002 , 200 ESTATE VEHICLES  - 15% PLUS VAT ON COMMISSION

13.  R1 750-00 documentation fee plus VAT on every vehicle.

 I / We, THE BUYER / SELLER, HEREBY CONFIRM THAT THE FULL EXTENT OF OUR OBLIGATIONS AND RIGHTS HEREIN HAVE BEEN EXPLAINED AND HAS BEEN GIVEN AN OPPORTUNITY TO MAKE THE NECESSARY ENQUIRIES IN RESPECT OF THE SALE AND THAT I / WE UNDERSTAND THE EFFECT OF THIS RULES OF AUCTION AND CONDITIONS OF SALE.

ABSTRACT FROM GENERAL RULES OF AUCTION FOR VEHICLE AUCTIONE HERE BELOW – READ FULL RULES OF AUCTION

13.  AUTOMOTIVE “VEHICLE” AUCTION PROCEDURE AND RULES OF AUCTION

13.1    The RS Auctioneers General Rules of Auction by RS Auctioneers in this document and counterparts thereof as well as Special Conditions of Sale apply. The RS Auctioneers General Rules of Auction is available to prospective purchasers/bidders on  the website at  http://rsauctions.co.za/ and mobile app. By registering and bidding, bidders confirm and accepts the condition of the vehicle as is (caveat emptor) and all other Rules of Auction and Special Conditions of Sale.

13.2    “Automotive” implies and include all type of light passenger motor vehicles, light delivery vehicles, heavy vehicles, commercial vehicles, agricultural vehicles, construction vehicles, earthmoving vehicles and motor cycles hereinafter to referred as “vehicle”.

13.3    Vehicles on auction registered either with Codes, which are described as follows:

13.3.1                       Code 2 widely described as a “Used Vehicle”, can be running/damaged/ non-running condition.

13.3.2                       Code 3 widely described as a “Rebuilt Vehicle”, can be running/damaged/ non-running condition .

13.3.3       Code 4 is a “Permanently Demolished Vehicle”. This vehicle may only be purchased for parts and cannot be repaired or driven.

Or de-registered/not roadworthy.

13.4    The purpose of the Vehicle Condition Report is to supply information based on an audio-visual and observational inspection of the vehicle and functional check points of components and accessories. The purpose is not to define or clarify faulty components, defects or damages in detail. The statement of conditions is merely an individual opinion of the person inspecting the vehicle and compiling the report. RS Auctioneers does not guarantee any statement of condition and is not liable for any concealed and/or hidden defects (“patent” or “latent”).  When bidders register and start to bid, they have accepted and agreed to all Rules of Auction and Special Conditions of Sale and familiarized them with the condition of the said vehicle. All goods are sold without a “duty to repair”.

 All goods are sold without a “duty to repair”.

The Diagnostic Test Report is supplied by a specialist which is a comprehensive vehicle health report that reveals faults or failures detected in the ECU . These reports may only be used for the purpose of the auction and during the auction time-period.

13.5    Vehicles will not be sold without the original NATIS documents available immediately or obtainable from Financial Institutions with settlement of accounts.  

13.6    Vehicles may be sold with a reserve price or without a reserve price. Should the reserve price of a vehicle not be met, the sale will be indicated as Sold (STC). STC vehicles will be confirmed within the confirmation period as per conditions of sale.

13.7    If no bid equals or exceeds the reserve price, the vehicle may be withdrawn from the auction. The seller shall be entitled to instruct the auctioneer to negotiate and/or accept a lower bid. The auction is conducted for the normal and voluntary disposal by the owner’s / seller’s vehicle, unless otherwise announced by the auctioneer.

             Online Auctions - After the lot is closed, the online platform/app will indicate “Not Sold” or “Sold” or “Sold (STC)”. STC means Subject to Confirmation by the seller. At his stage, the lot is not sold and only after confirmation by the seller through the auction house/auctioneer, the bid can be considered as sold and changed on the platform/app from “Sold (STC)” to “Sold”.

13.8    Declaration and compliance related to all applicable licensing/registration fees is the responsibility of the seller/owner/purchaser as relevant and indicated in conditions of sale.

13.9    The parties specifically agree that no bid may be retracted/withdrawn/cancelled after the bid is knocked down (fall of the hammer) or indicated as closed/sold/sold subject to confirmation (in the event of online bidding). 

13.10  Subject to any reserve placed on the vehicle by the seller, the purchaser at any sale by auction, shall be the highest bidder indicated by the auctioneer by the fall of the hammer or closing on the online platform/mobile app or by such other means as the auction house/auctioneer may select.

13.11  The auction shall take place under the direct and exclusive control of the auction house/auctioneer. The auction house/ auctioneer may market the auction on Social Media Networks, Social Media Sharing and Online Platforms. The auction house/auctioneer reserves the right, in its sole discretion, to refuse the bid of any person, to regulate the bidding and to indicate the highest bidder.  If the auction house/auctioneer suspects that a bidder has not made a bona fide bid, or is unable to pay the purchase price or has not made satisfactory arrangements in advance for payment of the purchase price, he may refuse to accept the bid of such bidder or accept it provisionally until the bidder has satisfied him that he is in position to pay the purchase price or that he has made satisfactory arrangements for payment thereof. On refusal of a bid under such circumstances the vehicle may immediately be re-auctioned and/or the bid can be cancelled or deleted on the online platform/app.

13.12  In the event of a dispute arising amongst the bidders and or the auction house/auctioneer, the vehicle in dispute shall, at the sole discretion of the auction house/auctioneer, be re-auctioned.

13.13  Any error by the auction house/auctioneer shall be entitled to be corrected by him or her upon discovery.

13.14  The seller/owner warrants that there are no encumbrances or liens on such vehicle other than which was disclosed in writing, that the said vehicle are the vehicle of the seller / owner, and that the seller / owner is competent and legally entitled to dispose of the vehicle.

13.15  The seller/owner warrants that the vehicle sold are free of any known patent and latent defects (other tha already disclosed) and that any right or claim ceded to the auction house in terms of these Rules of Auction is free of any defect or right of deduction or set-off, and that the said right or claim is fully and immediately enforceable against the seller.

13.16  The bidder/purchaser shall, prior to the sale, ascertain whether there are any defects in the vehicle and any bid by a bidder/purchaser shall be considered as acceptance of the vehicle with any patent or latent defects in their condition at the time of sale. By placing bids, the bidders warrant that they have the ability and the intention to proceed with the purchase of the goods and/or lots. By bidding, bidders confirm that they accept the condition of the goods as described “as is” in the lots and no bid will be cancelled or payment refunded after auction. All goods are sold without a “duty to repair”.

13.17  All vehicle/goods, accept when specifically stated otherwise, are sold “caveat emptor”, without a warranty and the purchaser takes the risk as to the condition of the vehicle or goods.

13.18  The purchaser shall not be entitled to withhold payment of the deposit/purchase price to the auction house or seller as a result of any possible or pending claim that it may have against the seller/owner on the grounds of misrepresentation or for any other reason whatsoever.

13.19  The sale shall be by the rise and the vehicle shall be sold to the highest bidder subject to the Rules of Auction and Terms and Conditions of Sale.

13.20  Every bid shall constitute an offer to purchase the vehicle for the amount bid upon the terms and conditions contained in the Conditions of Sale, which the seller may accept or reject in their absolute discretion. The seller shall be entitled, in it’s absolute discretion, to withdraw the vehicle from sale prior to acceptance by the seller.

13.21  The deposit and / or purchase price is payable by the Purchaser to the auction house via electronic transfer (“EFT”) on the date of sale or unless  “the payment date” is specified in conditions of sale and other payment terms and/or means are agreed to between the auction house/auctioneer and the purchaser. The Auction house/ auctioneer reserves the right to refuse any other method or means as payment. Payment will only be regarded as received when the funds are cleared and reflects in the bank account supplied by the auction house/auctioneer.

13.22 All monies received from purchasers, will be paid into a trust account of the auction house minus the agreed commission and additional costs agreed upon by and between the auction house and seller/owner, to be paid over to the sellers/owners as per Conditions of Sale and instruction by seller/purchaser.

13.23  The purchaser/seller/owner and auction house hereby consent to the jurisdiction of the Magistrate's Court in terms of Section 45 of the Act on Magistrate Court (Act 32 of 1944 as amended) for any action instituted by the auction house against the purchaser/owner/seller although the auction house is entitled to institute proceedings in any competent Court. This agreement will be governed in accordance with the laws of the Republic of South Africa.

13.24  A certificate or notification issued by the auction house or a representative of the auction house, whose appointment and authority shall not be necessary to prove, shall be prima facie proof of the amount owing by the purchaser to the seller/owner or the auction house.

13.25  Any indulgence granted by the auction house to the purchaser or the seller will not prejudice the rights of the auction house in terms of the Rules of Auction and such indulgence will not constitute an amendment or waiver or novation of the Rules of Auction.

13.26  The entries made in the Auctioneer's auction vendor roll shall be prima facie evidence of the transaction and shall be binding on the seller and the purchaser.

13.27  The bidder’s record and the vendor roll will be made available for inspection in the event of a specific enquiry within reasonable time after the auction at the office of the auction house during normal business hours free of charge.

13.28  Any vehicle entered or offered for sale are subject to payment by the seller/owner/purchaser of the agreed commission as per auction mandate, or in absence of agreement the usual commission by the seller/owner/ purchaser to the auction house at the rate customarily charged by the auction house from time to time, whether the vehicle are sold at the auction or thereafter, or within a specific period as agreed upon thereafter by private treaty. Unless otherwise agreed in writing, commission shall become due and payable by the seller/owner/ purchaser upon the fall of the hammer or upon the entering into of any private treaty involving the seller’s said vehicle, whichever date is the earlier, and notwithstanding any breach on the part of the seller/owner/ purchaser.

13.29  Every bid shall constitute an offer to purchase the vehicle for the amount bid, which the seller/owner or the auction house/auctioneer may accept or reject in their absolute discretion. The seller/owner and auction house are entitled, in their absolute discretion to withdraw the vehicle from the sale prior to acceptance by the seller/ owner.

13.30  If no bid equals or exceeds the reserve price, if any, the vehicle may be withdrawn from the auction. The auction house accepts no liability for any withdrawal of vehicle from the sale.

13.31  No bid may be withdrawn after the fall of the hammer or online closing of lot until the expiry of the confirmation period (if any) that is provided for in the Conditions of Sale, during which time the offer shall be open for acceptance by the Seller through the auction house/auctioneer and if/when the offer is accepted the sale shall be deemed to be a sale by auction for purposes of the Act.

13.32  In the event of the sale requiring the consent of any statutory authority or any court of law, then this auction will be subject to the granting of such consent.

13.33  The purchaser and the seller/owner do hereby consent to the payment of attorney and own client costs in the event of any legal action being instituted against them by the auction house or seller/owner.

13.34  Any agreement contrary to these Rules of Auction shall not be binding unless it is confirmed in writing and signed by the auction house or a representative of the auction house.

13.35  If any clause or term of these Rules of Auction should be invalid, unenforceable and illegal, then the remaining terms and provisions of these Rules of Auction shall be deemed to be severable therefrom and shall continue in full force and effect unless such invalidity unenforceability or illegality goes to the root of these Rules of Auction.

13.36  Default by the purchaser: Should the purchaser refuse or otherwise fail to pay the purchase price within due date, the auction house shall be entitled to:

13.37  Claim interest from the purchaser, the prescribed mora interest rate calculated from the date of purchase to date of payment, and/or

13.38  Repossess the vehicle to resell same at the risk of the defaulting purchaser who shall be liable for all costs in connection with the resale and any loss or damage incurred, and will not be entitled to any profit that may arise from the resale, and/or

13.39  Institute legal proceedings for the payment of any amount owing or for the return of the vehicle in which event the provisions of clause 12.33 will apply, and/or   

13.40  Claim specific performance and/or claim damages should the purchaser not make payment as and when it comes due, and/or

13.41  Recover the Auctioneer’s legal costs calculated at the Attorney and own Client tariff as well as collection, tracing, storage and transport costs.

13.42  Any dispute between the parties will be governed by the South African legal system and legislation.

13.43  The Auctioneer reserves the right to amend the Rules of Auction/Conditions of Sale in writing or by announcement at the auction.

DISCLAIMER:

The purpose of the Vehicle Condition Report is to supply information based on an audio-visual and observational inspection of the vehicle and functional check points of components and accessories. The purpose is not to define or clarify faulty components, defects or damages in detail. The statement of conditions is merely an individual opinion of the person inspecting the vehicle and compiling the report. RS Auctioneers does not guarantee any statement of condition and is not liable for any concealed and/or hidden defects (“patent” or “latent”).  When bidders register and start to bid, they have accepted and agreed to all Terms and Conditions of Sale and familiarized them with the condition of the said vehicle.

This report may only be used for the purpose of the auction and during the auction time-period, by RS Auctioneers.