Bidder Registration and Rules of Auction
1. INTRODUCTION
1.1. These Rules of Auction govern the participation and bidding process for all online and on-site vehicle auctions conducted by Auction-All (Pty) Ltd.
1.2. By registering and participating in an auction, all bidders agree to comply with these rules, as well as any applicable legal requirements.
2. REGISTRATION AND ELIGIBILITY
2.1. All bidders must be at least 18 years of age and provide valid identification.
2.2. Registration must be completed before the auction, and bidders must provide all required details, including proof of funds if requested.
2.3. A R250 bidder registration fee is applicable for both online and on-site auctions and must be paid before participation.
2.4. Clients may also be required to pay a refundable bidder registration deposit before partaking in the auction.
2.5. If a deposit is required, it must be paid to the bank account shown under clause 12 of this registration agreement.
2.6. Auction-All (Pty) Ltd reserves the right to approve or reject any bidder registration at its sole discretion.
3. AUCTION PROCEDURE
3.1. The auction will be conducted online or on-site, and all bids must be placed through the designated platform or in person.
3.2. Each auction will have a scheduled start and end time. Late bids will not be accepted once the auction closes.
3.3. The auctioneer reserves the right to set minimum bid increments.
3.4. In online auctions, if a bid is placed just before the auction closes, the auction period may be extended to allow for further bidding.
3.5. The highest bid at the close of the auction will be deemed the winning bid, subject to approval by the seller.
3.6. The auctioneer reserves the right to withdraw any vehicle from the auction before the sale is concluded.
3.7. All vehicles are subject to a 15% buyer’s commission plus VAT, which is payable immediately upon the fall of the hammer.
4. VEHICLE CONDITION AND WARRANTIES
4.1. Vehicles are sold "voetstoots" (as is), without any warranties or guarantees, unless otherwise specified.
4.2. Upon signing these Rules of Auction, bidders acknowledge that they are fully aware of the vehicle's condition, and Auction-All (Pty) Ltd will not be held liable for any perceived damage to the vehicle.
4.3. Auction-All (Pty) Ltd bears no responsibility for fixing or restoring the vehicle beyond its current condition in any way.
4.4. The minimum bid price and/or reserve price (if applicable) will be published and sent to the client upon request in the bidder’s guide email pack.
5. PAYMENT AND COLLECTION
5.1. The winning bidder must make full payment within the specified time frame stated in the auction terms.
5.2. Payment must be made via bank transfer or other approved payment methods. Cash payments are not accepted.
5.3. Failure to complete payment within the required time frame will result in the bidder forfeiting all deposits, and the vehicle may be offered to the next highest bidder or relisted.
5.4. Ownership will transfer upon full payment and clearance, after which the client is obligated to register the vehicle in their name.
5.5. Payment of any fines or fees accrued and dated after full payment and receipt of the vehicle by the buyer will be the full responsibility of the buyer.
5.6. The winning bidder must collect the vehicle within the specified time frame. Storage fees may apply for delayed collections.
5.7. Ownership and risk transfer to the buyer upon full payment and collection.
6. VAT CONSIDERATIONS
6.1 VAT Liability of the Bidder:
Should the seller be registered for VAT, the winning bidder will be liable for the payment of VAT in addition to the purchase price of the vehicle. The VAT amount will be calculated at the prevailing VAT rate and will be payable by the bidder upon the fall of the hammer. The seller and auctioneer make no guarantees regarding the VAT status of the property, and it remains the responsibility of the purchaser to verify the seller’s VAT status.
7. DEFAULT AND PENALTIES
7.1. If a winning bidder fails to complete the purchase, they will lose all deposits and will be blacklisted from future auctions.
7.2. Auction-All (Pty) Ltd reserves the right to resell the vehicle if the winning bidder defaults.
7.3. Auction-All (Pty) Ltd reserves the right to take legal action to recover losses resulting from a bidder’s default.
8. INDEMNITY CLAUSE
8.1. Bidders and buyers indemnify and hold Auction-All (Pty) Ltd harmless against any claims, losses, damages, or expenses arising from:
Defects in the vehicle, whether disclosed or undisclosed.
Accidents involving the vehicle after purchase.
Any title disputes related to the vehicle.
Any misrepresentations made by the sellers.
9. DISPUTE RESOLUTION
9.1. Any disputes arising from these Rules of Auction shall be resolved through arbitration or legal proceedings in accordance with South African law.
9.2. In the event of a dispute, the auctioneer's decision shall be final.
10. CONDITION DISCLOSURE ACKNOWLEDGMENT
10.1. The undersigned acknowledges that they have had the opportunity to inspect and assess the vehicle before bidding.
10.2. The bidder confirms that they accept the vehicle in its current condition, including any known or unknown defects, and that no warranties or representations have been made by Auction-All (Pty) Ltd regarding the vehicle’s quality, fitness, or merchantability.
10.3. The bidder releases Auction-All (Pty) Ltd from any claims related to the vehicle’s condition, including but not limited to mechanical, structural, or cosmetic defects.
11. GENERAL TERMS
10.1. By participating in the auction, bidders consent to the processing of their personal information for auction-related purposes.
10.2. These Rules of Auction may be updated or modified at the discretion of Auction-All (Pty) Ltd.
10.3. South African laws govern this auction, and any disputes shall be resolved in accordance with applicable legal procedures.
ACKNOWLEDGEMENT AND AGREEMENT
I, the undersigned, confirm that I have read, understood, and agree to abide by these Rules of Auction.