- Auction Opens: 23 August 2017 @ 14:00
- Auction Closes: 25 August 2017 @ 14:00
- Viewing: Please contact 010 040 7916 or email firstname.lastname@example.org
- Refundable Registration Fee: R100 000
- If purchasing in your personal capacity, a copy of ID and recent (not older than 3 months) proof of residence is required
- If purchasing in your company name a copy of company registration form CM1 or CK1, CM46, CM9, a utility bill & CM29 or Resolution from company authorising representative to bid is required.
- If purchasing where the person is not a RSA citizen, a copy of passport and proof of residence if living in RSA is required.
For transfer of ownership documentation, you will be required to sign the NCO form before the documents will be released.
- Auction Currency: South African Rand
- Buyers Premium: 10% PLUS VAT
- VAT: 14% VAT will be charged on both the hammer price and commission.
For more information and queries please contact: 010 040 7916 or email email@example.com
ALL LOTS ARE SUBJECT TO CONFIRMATION
TERMS AND CONDITIONS AND RULES OF AUCTION
Whereas, Van’s Auctioneers Gauteng, here in referred to as the Auctioneer, will sell on behalf of John Frederick Hume, herein referred to as the Seller, certain movable goods (i.e. rhino horn) by auction, such sale shall be subject to the following terms, conditions and auction rules:
- The auction will open at 14h00 on 23 August 2017 and close at 14h00 on 25 August 2017.
- The Auctioneer is Martin Pretorius in his capacity as member duly authorized of Van’s Afslaers Gauteng CC t/a Van’s Auctioneers of 1006 Jan Shoba Street, Brooklyn, Pretoria.
- The Seller is the lawful owner of certain movable goods (i.e. rhino horn) and the Seller is in possession of the legally required permits issued to him in accordance with the relevant South African legislation, i.e. the NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY ACT, 10 OF 2004 (NEMBA) and the THREATENED OR PROTECTED SPECIES REGULATIONS, 2007 (TOPS) and the NORMS AND STANDARDS FOR THE MARKING OF RHINO AND RHINO HORN (NORMS AND STANDARDS).
- The auction sale shall be subject to the control of the Auctioneer who shall have the sole and absolute right to regulate the advance in bidding and to indicate the highest bidder.
- Any bona fide mistake that may occur during the auction shall not be binding on the Auctioneer or the Seller and the Auctioneer may rectify such mistake. In the event of a dispute arising in regards to a bid made or any other proceedings at the auction, the Auctioneer shall have the discretion to put a lot up for auction again and his decision will be final. The Auctioneer’s decision, as well as the vendue roll, will be regarded as final in all instances. A bid may not be retracted after the fall of the hammer.
- Purchasers are buying per piece to take the Lot, unless otherwise specified.
- The Auctioneer will offer for sale at the auction a Lot or a "Package” consisting of more than one Lot. The Auctioneer shall announce and determine the Lots and /or the Packages, in his sole and absolute discretion. The bidding shall be in Rand per kilogram and the total Purchase Price of each lot shall be calculated by multiplying the weight (as appears on the scale in the photograph of the horn on the scale in the catalogue stated to three decimals) in the Lot or the “Package”, as the case may be, by the Rand per kilogram amount of the highest bidder, as determined by the Auctioneer.
- The sale of rhino horn as concluded by the fall of the hammer at the auction, shall specifically be subject to the condition that the Buyer obtains the legally required TOPS permit in respect of the specific lot. Only if or when a specific buyer obtains a TOPS permit in respect of a specific lot, and payment of the full Bid amount plus VAT thereon and the commission plus VAT thereon has been made, shall the buyer be entitled to take possession of such lot.
- Bidders are required to register in the manner specified by the Auctioneer. A Registration Fee of R100 000 (ONE HUNDRED THOUSAND RAND) is payable and the Auctioneer shall have the sole discretion to accept or decline any form of payment. The Registration fee will be allocated as partial payment of the total amount due by the Bidder after the auction. The Auctioneer shall retain the Registration Fee in its Trust Account until final accounting of the amounts due by the Bidder. In the event that any registered bidder fails to achieve the highest bid on any Lot, the Auctioneer shall refund the full registration fee to such bidder after the auction.
- The purchase price excludes VAT (Value Added Tax) and VAT must therefore be paid by the Purchaser over and above the purchase price. The purchase price also excludes Auctioneer’s commission and such commission must therefore also be paid by the Purchaser over and above the purchase price. The Purchaser shall be liable, immediately after the fall of the hammer, to pay the full purchase price, plus VAT thereon calculated at 14% (fourteen percent), plus Auctioneer’s commission calculated at 10% (ten percent) on the purchase price (plus VAT on the Auctioneer’s commission), in cash or by bank guaranteed cheque or by electronic funds transfer (EFT) directly into a bank account nominated by the Auctioneer or the Seller. The Auctioneer or the Seller shall have the sole discretion to accept or reject any form of payment.
- The Seller shall keep all Lots in safe storage, until the Purchaser complies with all the Terms and Conditions in order to obtain collection. All Lots sold by auction shall be available for collection within 30 days from the fall of the hammer, unless otherwise specified, but specifically subject to the Purchaser obtaining the legally required permit from the relevant South African issuing authority to so collect and take possession. Ownership in and to the horn shall remain with the Seller until payment has been made in full by the Purchaser. All risk in and to the horn shall pass to the Purchaser on collection.
- In the event that the Purchaser is unable, for any reason whatsoever to obtain the legally required permits to take possession of the horn within a period of 30 days after the fall of the hammer, then Purchaser shall have the following options:
- Firstly, to nominate an alternative person / entity in its place and stead, which alternative person / entity shall be substituted as Purchaser upon fulfilment of all the terms and conditions (i.e. payment of the full purchase price, VAT, agents’ commission and obtaining the legally required permit to take possession of the horn). Such alternative person / entity shall also have the opportunity to nominate another person / entity in its place and stead, subject to the same conditions as stated above.
- The Purchaser shall be liable and responsible at its own cost to obtain the legally required permits. The Purchaser shall upon request, satisfy the Auctioneer that he/she/it is committing its best endeavors to obtain permits. Should the Auctioneer not be satisfied, the Purchaser hereby irrevocably authorizes, appoints and nominates the Auctioneer to apply for the legally required permits on behalf of the Purchaser and the Purchaser hereby agrees and undertakes to furnish all the information that the Auctioneer may request in order to so apply for permits on behalf of the Purchaser. The Purchaser shall be liable for any and all costs involved in this process. In the event that the Purchaser fails, neglects or refuses for any reason whatsoever to supply information or documentation or to co-operate with the Auctioneer, then the Purchaser shall be in breach and such breach shall constitute forfeiture of the full Registration Fee.
- In the event that the Auctioneer in consultation with the Seller determines, in their sole and absolute discretion, that the Purchaser and / or the Purchaser’s nominee(s) is not able to obtain the legally required permit(s) despite all reasonable and best endeavors, then and only in such event shall the Seller be entitled to cancel the sale, in which event the Purchaser shall forfeit an amount equal to 50% of the Registration Fee per lot and the full commission (plus VAT thereon) per lot. Ownership of the horn shall remain with the Seller and no further claims shall exist between the parties.
- The Purchaser shall furnish the Auctioneer or the Seller with a copy of the legally required permit in order to take possession of the horn.
- Neither the Seller nor the Auctioneer warrants or guarantees that any Purchaser shall qualify for a permit to possess rhino horn. The Purchaser accepts sole and absolute responsibility to so obtain a permit. The Purchaser must familiarize him/her/itself with the legal requirements for permits, prior to the auction.
- The Seller maintains insurance in respect of all the horn, but the Seller’s liability (including the Seller’s insurer’s liability) ceases and terminates at collection. All risk in and to the horn passes to the Purchaser at collection.
- Entries made on the auction vendu roll shall be evidence of the transaction and shall be binding on the Seller and the Purchaser.
- Descriptions and information given by the Auctioneer or the Seller in advertisements, catalogues or given verbally is given in good faith. Neither the Auctioneer nor the Seller shall be liable for any errors in description whatsoever. The sale is Voetstoots and neither the Seller nor the Auctioneer gives any guarantee whatsoever as to the condition, state, qualities, size, weight or any other feature or attribute of the horn and shall not be liable for any damages or claims of whatsoever nature arising therefrom.
- Notice is hereby given to all Purchasers, in compliance with Section 45 of the National Consumer Protection Act 68 of 2008, that the auction is subject to a right to bid by or on behalf of the Seller. The Seller or the Auctioneer on behalf of the Seller or another person on behalf of the Seller is therefore permitted to bid at the auction. It is furthermore stipulated that each lot is, unless there is evidence to the contrary, regarded to be the subject of a separate transaction. The sale by auction of each Lot is complete when the Auctioneer announces its completion by the fall of the hammer, or in any other customary manner, and until that announcement is made, a bid may be retracted.
- It is stipulated that the relevant South African permit issuing authority may impose conditions on the permits to be issued to the Seller and / or to the Purchasers in respect of the sale of rhino horn. The auction sale is therefore furthermore subject to such terms and conditions as may be lawfully imposed by such permit issuing authority.
- The auction and all transactions concluded shall be governed by the laws of the Republic of South Africa. The parties agree and consent to the jurisdiction of the High Court of South Africa.
- These Terms and Conditions and the determination of the Auctioneer and the Seller exercised in accordance herewith constitutes the entire agreement between the parties and no representations, variations, amendments, and / or indulgence shall be binding on any party, unless same is reduced to writing and signed by all parties.
- All payments shall occur free from deduction, set-off or bank charges or any other associated costs and shall be made into a bank account nominated by the Seller or the Auctioneer.
- If the Purchaser is an entity that requires the consent of another person(s) or that requires a decision to be taken in a prescribed manner, then the person signing these terms and conditions and / or the person participating in the auction warrants that such decision or permission has been obtained. In the event that it is proven that such decision or permission has not in fact been obtained, then the person who purported to act on behalf of the entity will personally be bound and liable to fulfil all obligations as Purchaser in accordance with these Terms and Conditions.