TERMS & CONDITIONS
DEALERS BID (PTY) LTD t/a DEALERSONLINE
TERMS AND CONDITIONS, INCLUDING THE RULES OF AUCTION
Updated: 20 January 2020
DEALERS BID(PTY) LTD t/a DEALERSONLINE
STANDARD TERMS AND CONDITIONS, INCLUDING THE RULES OF AUCTION, USE OF WEBSITE AND PRIVACY POLICY (COLLECTIVELY THE “TERMS AND CONDITIONS”): PLEASE READ THIS DOCUMENT CAREFULLY. YOUR USE OF THIS WEBSITE AND/OR ANY BID PLACED WITH DEALERS BID (PTY) LTD (PTY) LTD t/a DEALERSONLINE (“THE COMPANY”) CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE HEREOF.
DEFINITIONS
1. “Bidder” means person, natural or juristic, who has registered to purchase on this Website;
2. "Buyer" means the purchaser of the Goods;
3. "Cleared Funds" means the approved bid purchase price paid by the Buyer into the Seller’s nominated bank account, which funds are cleared by such nominated bank and to which the Seller has immediate access;
4. "the Company" means Dealers Bid (Pty) Ltd t/a DealersOnline;
5. "CPA" means the Consumer Protection Act, 68 of 2008 and can be accessed at http://www.info.gov.za/view/DownloadFileAction?id=99961;
6. "Contract" means any contract or agreement arising out of the acceptance of any offer, whether that contract arises out of an offer made by the Company and accepted by the Customer, or an offer made by the Customer and accepted by the Company;
7. "ECTA" means the Electronic Communications and Transactions Act, 2 of 2002 and can be accessed at http://www.info.gov.za/view/DownloadFileAction?id=68060;
8. "Effective Date" means the date of payment of the approved bid purchase price;
9. "FICA" means the Financial Intelligence Centre Act, 38 of 2001 and can be accessed at https://www.fic.gov.za/DownloadContent/LEGISLATION/ACTS/01.a38-01b.pdf;
10. "Goods" means the motor vehicles, yellow metal and/or any other item listed for sale on the Website;
11. "its" shall include "his" and "her";
12. "party" shall mean the Buyer, the Seller and/or the Company and includes "parties";
13. "Regulations" shall mean the regulations to the CPA and can be accessed at http://www.polity.org.za/article/consumer-protection-act-682008-regulations-gazette-no-34180-regulation-293-2011-04-01;
14. "Reserve Price" means the minimum VAT inclusive price at which the Seller is prepared to sell the Goods;
15. "Seller" means the seller of the Goods and may include the Company;
16. "User" means the user, juristic or natural, of the Website and includes the Buyer and the Seller;
17. "Website" means https://www.commercialonline.co.za/
END DATE OF ONLINE AUCTION: ……………………………………………………………………
AUCTION CLOSES AT: 15h00 (South African time) Unless otherwise specified on the website.
DEALERS BID PTY LTD t/a DEALERSONLINE
(the “AUCTIONEER”)
IMPORTANT NOTICES
18. All prospective bidders must read and understand the Rules of Auction contained herewith the Terms and Conditions, your use of this Website and/or any bid placed with DealersOnline shall confirm your unconditional acceptance hereof.
19. All sales are subject to a reserve price unless otherwise stated.
20. The Rules of Auction comply with Section 45 of the CPA, where Subsection (2) of the CPA provides: “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.”
21. The auction will commence at the published time and will not be delayed to enable any specific persons or more persons in general to take part in the auction.
REGISTRATION BY THE USER
22. Users are required to register on the Website to bid at the auction and will be required to pay a refundable deposit before commencement of the auction. The deposit amount will be communicated to invited buyers per auction event.
23. The deposit will be refunded to the bidder upon completion of the auction, provided that the bidder was not the highest bidder on any item that was sold at the auction, in which case it will be applied towards settlement of the amount/s due in respect of the items purchased. The bidder needs to request such refund in writing.
24. Prior to the commencement of the auction the User:
24.1. will complete, in full, the registration information provided on the Website;
24.2. certifies that the information provided by the User in all respects is true and correct;
24.3. will furnish the Company with such supporting documentation as may be required by the Company for any reason whatsoever including, without limitation, documentation required FICA purposes;
24.4. acknowledges that the bidding for any Goods for sale on the Website and any sale concluded as a result will give rise to a contractual relationship between the Seller and the Buyer;
25. A person who intends to bid on behalf of another person (i.e. on behalf of company)must produce a letter of authority or resolution that expressly authorizes him or her to bid on behalf of that person and must meet the requirements set out in clause 24 hereabove.
26. All money due to the Seller in terms of the Rules of Auction must be paid into the DealersOnline Trust Account for the benefit of the seller, minus any commission payable to DealersOnline.
27. Unless the reason for the auction is the normal and voluntary disposal of the items by the Seller, the reason shall be displayed with the item on site.
28. The conduct of the auction is subject to the control of the Auctioneer who has the sole right to regulate the bidding procedure and who may accept or reject bids in its sole discretion without providing reasons.
29. No Vendor Bidding: DealersOnline does not permit the making of a bid on behalf of the Vendor. Furthermore, DealersOnline employees or their representatives are NOT permitted to bid on the auction. Only bids submitted from bona fide registered bidders will be accepted;
29.1 The sale shall be by the rise and the items shall be sold to the highest bidder subject to the rules of auction.
29.2 Every bid shall constitute an offer to purchase the item for the amount bid upon the Terms and Conditions contained herein, which the Seller or the Auctioneer may accept or reject in their absolute discretion.
29.3 If no bid equals or exceeds the reserve price, items may be withdrawn from the auction.
29.4 In the event of any dispute in relation to an auction sale, the decision of the auctioneer shall be final and binding.
30. The Auctioneer is entitled to correct any bona fide error in the conduct or conclusion of any sale or arising from any incorrect reference to the items for sale. In the event that the error is not capable of being corrected, then the auction shall be deemed not to have taken place and no party at the auction will have any claim against the Auctioneer or the Seller arising from the cancellation of the auction.
31. Subject to these Rules of Auction, the person that has submitted the highest bid at the time of conclusion of the auction shall be the Buyer.
31.1 Any bid activity in last five (5) minutes, will result in an extension of 5 (5) minutes until activity ceases.
CONFIRMATION BY THE SELLER AND PAYMENT
32. Items which have not met the reserve price are sold subject to confirmation by the Seller within two (2) business days from the conclusion of the auction during which period the Buyer shall not be entitled to withdraw his bid.
33. All items will be paid for in full by the highest Bidder to the Auctioneer immediately upon confirmation of acceptance of the highest bid by the Seller.
34. Upon completion of the auction, a completed sale shall be indicated on the Website showing the item as “CLEARED!”
35. The Buyer’s offer shall remain open for acceptance by the Seller or by the Auctioneer on behalf of the Seller, until expiry of the confirmation period (2 business days). The Buyer and the Auctioneer acknowledge and agree that this provision is for the benefit of the Seller. No bid may be withdrawn until the expiry of the confirmation period. The Seller shall not be required to notify the Buyer of the acceptance of its offer prior to expiry of the confirmation period.
36. Every bid shall constitute an offer to purchase the lot for the amount bid, which the Seller or the Auctioneer may accept or reject in their absolute discretion. The Seller and the Auctioneer are entitled, in their absolute discretion to withdraw the lot from sale prior to acceptance by the Seller unless the Seller instructs the Auctioneer to accept a lower bid.
DELIVERY AND COLLECTION
37. The Buyer shall collect all items purchased, at its own cost, at the conclusion of the Auction and upon full payment of all amounts due by it, in terms of the Rules of Auction.
38. Collection and Removal of items will take place strictly by appointment and prior arrangements with the Seller.
39. Should collection from the SELLER not be possible for whatsoever reason, it must immediately be brought under the attention of DEALERSONLINE
40. Should a BUYER attempt to collect any item without prior arrangement or appointment, the SELLER shall be under no obligation to assist the BUYER. The BUYER indemnifies both DEALERSONLINE and the SELLER from any potential losses (for example transport and lifting equipment expenses) that the BUYER may have incurred through this action
41. NO COLLECTION will happen until the full settlement has been received by DEALERSONLINE and the SELLER has been fully settled which may extend up to 72 hours from the date of receipt of payment by DEALERSONLINE .
42. No COLLECTION will be possible without an official Release Note or written e-mail confirmation from DealersOnline.
43. Any items that have not been removed at the times provided above shall be subject to a storage fee of R 200.00 plus VAT per item per day, which fee shall be charged to the Buyer and payable upon demand.
PAYMENT OF PURCHISE PRICE
40. All prices are quoted and are payable in South African Rand unless otherwise advertised or listed on the auction.
41. The purchase price of each item will be paid by the Buyer via electronic funds transfer or credit card, immediately on conclusion of the auction. NO CASH PAYMENTS WILL BE ACCEPTED.
42. No items may be removed until funds have cleared the Auctioneer’s bank account and the Auctioneer has paid the funds over to the Seller.
43. Foreign Buyers wiring funds will be charged an additional R1000.00 per wire transfer, to cover bank charges, email confirmation of wired fund transfers must be provided.
OWNERSHIP AND RISK
45. All items are sold “Voetstoots” (As is Where is with no duty to repair) and the risk in each item passes to the highest bidder upon acceptance of the highest bid by the Seller.
46. Ownership in the items shall pass to the Buyer only on payment of the full purchase price, plus VAT if applicable, and Auctioneer's commission.
AUCTIONEERS COMMISSION
47. The Buyer shall pay Auctioneer’s commission to the Auctioneer at a rate as listed per individual item. It remains the responsibility of the Buyer to be fully familiar with the specific commission applicable of the purchase price.
48. The commission shall be deemed to have been earned upon acceptance of the Buyer’s bid by the Seller and shall be payable to the Auctioneer immediately against delivery of the items to the Buyer.
YELLOW METAL AND VEHICLES
49. Viewing and inspection will take place strictly by appointment with the Auctioneer or as advertised on the viewing days as stated.
50. All costs pertaining to the delivery and transfer of items to the Buyer shall be for the Buyer’s account.
51. Any Buyer of a motor vehicle or yellow metal that will involve road usage, acknowledges and agrees that it accepts responsibility to take all steps reasonably required to attend to the registration of the vehicle into its (the Buyers)name within 21 calendar days from the day of the auction.
52. The Seller shall upon written request from the Buyer, do all things necessary and make available all relevant information that may be required to attend to the registration of a motor vehicle into the name of the Buyer as envisaged herein.
53. Should it be required by the Seller, DealersOnline will provide Dealer stock e-NATIS documents where there will be an additional fee of R2500 (excluding 15% VAT) per Dealer Stocked item added to the invoice.
BREACH
54. If the Buyer breaches the Rules of Auction set out in these Terms and Conditions, it is liable to pay the total of advertising cost and costs associated by conducting the auction for those items purchased and such additional costs as provided for by the Consumer Protection Act Regulations.
55. If the Buyer breaches the Rules of Auction, it shall forfeit the deposit contemplated in clause 22 herein, to accommodate for the costs noted in clause 54 hereabove. The Buyer will lose its rights to access the Website, where reinstatement of these rights to access are at the Auctioneers sole discretion.
GENERAL
56. The Rules of Auction shall be interpreted and used in conjunction with the laws of the Republic of South Africa.
57. No variation or alteration or cancellation of the Rules of Auction or any of the terms hereof, shall be of any force or effect, unless in writing and signed by the Buyer, the Seller and the Auctioneer.
58. An additional fee of R 4 500 + VAT will be added to your Invoice for all administrative paperwork regarding Police Clearance (applicable to export clients only).
59. All additional costs associated with Customs Clearance will remain for Buyer’s own account and responsibility.
60. The Buyer takes full responsibility to obtain the registration documents and/or all relevant documents as well as any keys or attachments associated with this asset UPON COLLECTION of the asset.
62. DealersOnline WILL NOT be held responsible or liable for any documentation, keys or attachments associated with any asset whatsoever.
I hereby certify that I understand the Rules of Auction to the best of my knowledge and where I require clarity, I will seek legal advice.