TERMS AND CONDITIONS OF AUCTION SALES

  1. DEFINITIONS

For purposes of these Terms and Conditions:

1.1 “Auctioneer” means the Company conducting the auction and offering the Goods for sale.

1.2 “Bidder” means any person or entity registered to participate in the auction.

1.3 “Buyer” means the successful Bidder whose bid is accepted by the Auctioneer.

1.4 “Goods” means all equipment, machinery, tools, vehicles, furniture, inventory, assets, and any other items offered for sale at the auction.

1.5 “Company” means Apollo Chiller Rentals (Pty) Ltd, registration number 2015/217323/07.

1.6 “Auction” means any physical, online, or hybrid auction conducted by the Company.

  1. ACCEPTANCE OF TERMS

2.1 Registration for and participation in the Auction constitutes acceptance of these Terms and Conditions.

2.2 All Bidders acknowledge that they have read, understood, and agreed to be bound by these Terms and Conditions before placing any bid.

2.3 The Auctioneer reserves the right to amend these Terms and Conditions at any time before commencement of the Auction.

  1. REGISTRATION OF BIDDERS

3.1 All Bidders may be required to provide satisfactory identification and contact information before being permitted to participate.

3.2 The Auctioneer reserves the right to refuse registration or participation to any person at its sole discretion.

3.3 The Auctioneer may require a refundable registration deposit before permitting participation.

  1. INSPECTION OF GOODS

4.1 All Goods are available for inspection prior to the Auction during the times specified by the Auctioneer.

4.2 Bidders are solely responsible for inspecting and satisfying themselves regarding:

  1. a) the condition of the Goods;
  2. b) the suitability of the Goods for their intended purpose;
  3. c) the age, quality, functionality, performance, specifications, and state of repair of the Goods.

4.3 No Bidder shall be entitled to rely on any representation, statement, description, photograph, catalogue, advertisement, or information supplied by the Auctioneer regarding the Goods.

4.4 Descriptions and photographs are provided for information purposes only and do not constitute warranties or guarantees.

  1. VOETSTOOTS SALE

5.1 All Goods are sold “VOETSTOOTS” (AS IS, WHERE IS).

5.2 The Buyer acknowledges that the Goods are second-hand and may contain defects, faults, wear and tear, damage, missing components, or other deficiencies.

5.3 No warranties, guarantees, representations, undertakings, or conditions of any nature whatsoever are given by the Company or Auctioneer, whether express, implied, statutory, or otherwise.

5.4 The Buyer purchases the Goods entirely at their own risk.

5.5 The Company specifically excludes all warranties relating to:

  1. a) merchantability;
  2. b) fitness for purpose;
  3. c) operational condition;
  4. d) quality;
  5. e) safety;
  6. f) compliance with legislation;
  7. g) latent or patent defects;
  8. h) serviceability.

5.6 The Buyer shall have no claim against the Company arising from any defect, failure, breakdown, damage, inoperability, or unsuitability of the Goods after purchase.

  1. BIDDING AND SALE

6.1 The highest accepted bid shall constitute a binding agreement of sale.

6.2 The Auctioneer reserves the right to:

  1. a) refuse any bid;
  2. b) withdraw any item;
  3. c) combine or divide lots;
  4. d) resolve bidding disputes;
  5. e) cancel or postpone the Auction.

6.3 The Auctioneer’s decision in all matters relating to bidding shall be final and binding.

6.4 Ownership shall not pass to the Buyer until full payment has been received and cleared.

  1. PAYMENT TERMS

7.1 All purchases must be paid in full immediately upon completion of the Auction unless otherwise agreed in writing.

7.2 Payment shall be made by:

  1. a) Electronic Funds Transfer (EFT);
  2. b) Bank-guaranteed funds;
  3. c) Other payment methods approved by the Company.

7.3 No personal cheques will be accepted unless specifically approved by the Company.

7.4 Goods may only be collected once:

  1. a) full payment has been received;
  2. b) funds have cleared;
  3. c) proof of payment has been verified by the Company.

7.5 The Company reserves the right to charge interest on overdue amounts at the maximum legal rate permitted by law.

7.6 If payment is not received within the period specified by the Company:

  1. a) the sale may be cancelled;
  2. b) the Goods may be resold;
  3. c) the defaulting Buyer shall remain liable for any losses, damages, costs, commissions, and expenses incurred by the Company.
  4. COLLECTION OF GOODS

8.1 Goods must be collected within the timeframe specified by the Company.

8.2 Collection shall occur solely at the designated collection point.

8.3 The Buyer shall be responsible for all costs associated with:

  1. a) loading;
  2. b) dismantling;
  3. c) packaging;
  4. d) transport;
  5. e) permits;
  6. f) insurance.

8.4 Any assistance provided by the Company during loading or collection shall be at the Buyer’s sole risk.

8.5 The Company accepts no responsibility for damage occurring during dismantling, loading, transportation, or removal.

8.6 Goods not collected within the specified period may incur storage charges.

8.7 Goods remaining uncollected after the prescribed period may be resold or disposed of at the Company’s discretion, without prejudice to any other rights.

  1. RISK

9.1 Risk in the Goods shall pass to the Buyer immediately upon the fall of the hammer, acceptance of the winning bid, or confirmation of sale.

9.2 From that moment, the Buyer bears all risk of:

  1. a) loss;
  2. b) theft;
  3. c) damage;
  4. d) destruction.

9.3 The Buyer is advised to obtain adequate insurance immediately after the sale.

  1. LIMITATION OF LIABILITY

10.1 To the fullest extent permitted by law, neither the Company, its directors, employees, agents, representatives, nor the Auctioneer shall be liable for:

  1. a) any direct loss;
  2. b) indirect loss;
  3. c) consequential loss;
  4. d) special damages;
  5. e) economic loss;
  6. f) loss of profits;
  7. g) loss of business;
  8. h) personal injury;
  9. i) property damage.

10.2 Participation in the Auction and attendance at any auction premises are entirely at the participant’s own risk.

10.3 The Company shall not be liable for interruptions, technical failures, internet disruptions, system outages, or errors affecting online bidding.

  1. INDEMNITY

11.1 The Buyer and Bidder indemnify and hold harmless the Company, its directors, employees, agents, and representatives against all claims, actions, losses, liabilities, costs, damages, expenses, and legal fees arising from:

  1. a) participation in the Auction;
  2. b) purchase of Goods;
  3. c) possession or use of Goods;
  4. d) transportation of Goods;
  5. e) injury to persons;
  6. f) damage to property.

11.2 This indemnity shall survive completion of the sale.

  1. SAFETY

12.1 Buyers and their contractors entering Company premises for inspection or collection do so entirely at their own risk.

12.2 Buyers must comply with all safety requirements and instructions.

12.3 Appropriate personal protective equipment must be worn where required.

12.4 The Company reserves the right to deny access to any person failing to comply with safety requirements.

  1. DEFAULT BY BUYER

13.1 If a Buyer breaches any provision of these Terms and Conditions, the Company may:

  1. a) cancel the sale;
  2. b) retain any deposits paid;
  3. c) resell the Goods;
  4. d) recover damages;
  5. e) recover legal costs on the attorney-and-client scale.

13.2 The Company shall retain all rights available in law.

  1. GOVERNING LAW

14.1 These Terms and Conditions shall be governed by the laws of the Republic of South Africa.

14.2 Any dispute shall be subject to the jurisdiction of the courts of South Africa.

  1. GENERAL

15.1 No waiver by the Company shall be binding unless reduced to writing.

15.2 If any provision is found invalid or unenforceable, the remaining provisions shall remain in force.

15.3 These Terms and Conditions constitute the entire agreement between the parties relating to the Auction.

15.4 No verbal representations or promises shall be binding unless confirmed in writing by the Company.

BUYER ACKNOWLEDGEMENT

The Buyer acknowledges and agrees that:

  • All Goods are purchased VOETSTOOTS and AS IS.
  • No warranties or guarantees are provided.
  • Full payment must be made before collection.
  • Goods are purchased entirely at the Buyer’s risk.
  • The Company shall not be liable for any defects, damages, losses, injuries, or claims arising from the Goods or their use.