TERMS AND CONDITIONS OF BROLL AUCTIONS & SALES
THE TERMS HEREUNDER COMPLIES WITH THE PROVISIONS OF THE CONSUMER PROTECTION ACT, 2008 ("ACT") AND THE REGULATIONS PROMULGATED THEREUNDER, SUBJECT TO THE EXEMPTION FROM THE APPLICABILITY OF CERTAIN PROVISIONS.
These Terms govern the use of this Website and conduct of Online Auctions thereon. These Terms are binding on all persons who access the Website without qualification or exception. By entering the Website the User agrees to be bound by and shall be deemed to have accepted these Terms, which the User acknowledges to have read and understood. If the User does not agree to any of the Terms, the User should not enter, view or make use of the Website.
The headings to the clauses of these Terms are for reference purposes
only and shall in no way govern or affect the interpretation of nor modify nor amplify these Terms nor any clause hereof.
Unless the context dictates otherwise, the words and expressions set
forth below shall bear the following meanings and cognate expressions shall bear corresponding meanings:
"Bidder" shall mean any User placing a bid on the Website to buy any Property in terms of an Online Auction;
"Business Day" shall mean any day other than a Saturday, Sunday or
official public holiday in the Republic of South Africa;
"Buyer" shall mean the Bidder who has placed the highest bid at the Fall of the Hammer in
respect of a Property and whose bid is higher than the Reserve in respect of that Property and
whose bid is finally accepted by the seller of the property.
"Buyer's Commission" shall mean the commission payable by the Buyer on
any Property to Broll Auctions & Sales on the Sale of that Property, calculated on the
Final price of that Property in accordance with the relevant commission percentage per property;
"Current Rates" shall mean Broll Auctions & Sales's Current Rates of
commission, premiums and other amounts payable to Broll Auctions & Sales for the time
being, together with VAT thereon (if any), all as published by Broll Auctions & Sales (whether in an Online Brochure or otherwise);
"Fall of the Hammer" shall mean the time at which an offer for the Sale of a Property:
terminates in the case of a Property remaining unsold, which shall
be a time pre-determined by Broll Auctions & Sales and published on the Website ("Cut-Off Time"); or
has been accepted, which time shall be at the Cut-Off Time;or
has been accepted, where, within a period of 120 (hundred and twenty) seconds
before the Cut-Off Time, more than one bid for a Property has been submitted, and,
as a result, the Cut-Off Time has been extended for a further period of 120 (hundred and twenty) seconds ("Extended Cut-Off Time"),
which time shall be the time at which no more than one further bid for the Property is made within the Extended Cut-Off Time; provided that
the Extended Cut-Off time shall be extended indefinitely in the same manner, every time more than one bid for a Property has been submitted
within 120 (hundred and twenty) seconds before the expiry of the Extended Cut-Off Time;
"Final Price" shall mean the bid or offer made by a Bidder
in respect of any Property that is finally accepted by Broll Auctions & Sales
(after determination of any dispute that may exist in respect thereof);
"Property" shall mean any fixed property (land or/and land and buildings)
forming part of a property contained in an Online Brochure which are offered
for Sale by Broll Auctions & Sales in terms of an Online Auction;
"Online Auction" shall mean any online auction Sale in terms of which Property are offered
for Sale by Broll Auctions & Sales on the Website, which auction shall commence upon publication of
the relevant Online Brochure or any other time as published by Broll Auctions & Sales on the Website,
whichever is the later, and conclude at the Fall of the Hammer of the last Property on the relevant Online Brochure;
"Online Brochure" shall mean any advertisement, brochure, estimate, price-list or other publication,
published by Broll Auctions & Sales on the Website, advertising for Sale of the Property by way of Auction;
"Parties" shall mean the User, bidder or seller and Broll Auctions & Sales and "Party" shall,as the context
requires, be a reference to any one of them;
"Personal Information" shall mean information which identifies a User to third parties;
"Prime Rate" shall mean the publicly quoted base rate of interest (percent, per annum compounded monthly in arrear and calculated on a 365 day year, irrespective of whether or not the year is a leap year) from time to time published by The Standard Bank of South Africa Limited, or its successor-in-title, as being its prime overdraft rate, as certified by any manager of such bank, whose appointment, authority and designation need not be proved;
"Purchase Price" shall mean the Final price of any Property, plus the applicable Buyer's Commission (plus VAT) for that Property, plus all Recoverable Expenses for which the Buyer is liable in respect of that Property;
"Recoverable Expenses" shall mean all fees, taxes (including VAT), charges and expenses incurred by Broll Auctions & Sales in relation to any Property that Broll Auctions & Sales is entitled to recover from a Buyer in terms of the provisions of this Agreement;
"Reserve" shall mean the confidential minimum Final price (if any) at which a Property may be Sold in terms of an Online Auction as agreed in writing (signed Mandate) between the Seller of that Property and Broll Auctions & Sales;
"Sale" shall mean the sale of any Property in terms of an Online Auction and "Sell" and "Sold" shall have corresponding meanings;
"Seller" shall mean the person named as the Seller of any Property, being the person that offers the Property for Sale;
"Broll Auctions & Sales" shall mean Broll Auctions & Sales Proprietary Limited (Registration No. 2014/250826/07), a private company with limited liability incorporated in accordance with the laws of the Republic of South Africa;
"Terms" shall mean the terms and conditions set out on this Website;
"User" shall mean the user of the Website and shall include, without limitation, a Bidder and/or a Buyer;
"VAT" shall mean value added tax imposed in terms of the Value Added Tax Act, 1991, including any similar tax which may be imposed in place thereof from time to time; and
"Website" shall mean the website located at (insert website her) and includes any part or element thereof.
Unless inconsistent with the context or save where the contrary is expressly indicated an expression which denotes:
any one gender includes the other genders;
a natural person includes an artificial person and vice versa; and
the singular includes the plural and vice versa.
Where any term is defined within the context of any particular clause in these Terms, the term so defined, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, shall bear the same meaning as ascribed to it for all purposes in terms of these Terms, notwithstanding that that term has not been defined in this clause 2.
The use of the word "inter alia" followed by a specific example or examples shall not be construed as limiting the meaning of the general wording preceding it and the eiusdem generis rule shall not be applied in the interpretation of such general wording or such specific example or examples.
The expiration or termination of these Terms shall not affect such of the provisions of these Terms as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.
DISCLOSURE OF INFORMATION
Broll Auctions & Sales discloses the following information to the User:
Full name and legal status: Broll Auctions & Sales (Pty) Ltd is a PRIVATE company with limited liability incorporated in accordance with the laws OF the Republic of South Africa;
Physical address: Suite 4, 1st Floor Atholl Square, 116 Katherine Street, Sandown Ext 3, Sandton, 2196, Johannesburg, Gauteng, South Africa;
Postal address: P O Box 92510, Norwood, 2117;
Telephone number: 087 700 8289/90;
Website address: www.brollauctions.co.za;
E-mail address: firstname.lastname@example.org;
Physical address where Broll Auctions & Sales will receive legal service of documents: Physical address as per clause 3.2 above;
Main description of products Sold in terms of Online Auctions: Commercial and high value residential properties
Any dispute of whatsoever nature about any bid or about the identity of the Buyer (including without limitation any dispute about the validity of any bid, or whether a bid has been made, or any dispute between two or more Bidders or between Broll Auctions & Sales and one or more Bidders) shall be determined at Broll Auctions & Sales in its sole and absolute discretion.
Every Bidder shall be deemed to act as principal.
Bidders shall be personally liable for their bids and offers made in terms of any Online Auction and shall be jointly and severally liable with their principals if acting as agent.
All information of a Property in any Online Brochure are intended merely as guidance for Bidders as they are supplied by the seller and no due diligence is performed by Broll Auctions & Sales. Broll Auctions & Sales only warrants that the descriptions of the products themselves may be construed as a fair representation of the nature of such property.
Broll Auctions & Sales shall not be liable for any error, misstatement or omission IN the description or information of a Property (whether in any Online Brochure or otherwise) in respect of, inter alia, the authorship, attribution, genuineness, origin, date, age, condition or estimated selling price, unless Broll Auctions & Sales engaged in intentional misleading or deceptive conduct or the information provided is clearly inaccurate. In bidding for any Property, all Bidders confirm that they have not been induced to place any bid or offer by any representation of the Seller or Broll Auctions & Sales.
All bidders are encouraged to perform site visits of the property they intend bidding on and to do their own due diligence on the property before submitting a bid on the property
CONDUCT OF ONLINE AUCTIONS
A bidders refundable deposit of R50 000 (fifty thousand rands only) is required to be paid to Broll Auctions and Sales Trust account before the bidder will be allowed to bid. If the bidder is the highest bidder and the seller accepts the bid on the property, the bidder's (now the buyer) deposit will be allocated towards the commission or deposit payable on the property. If the buyer renegades on the deposit and commission payment, the deposit will be forfeited and will not be refunded.
A Bidder may not engage in bid manipulation or unfairly induce any other person to place bids and/or manipulate the bid price.
Due to the nature of an Online Auction and the fact that an offer for the Sale of a Property is open for a long period of time, which provides a User with ample time to consider whether to place a bid, the provisions of the Act regarding the retraction of a bid prior to the Fall of the Hammer, shall not be applicable to any Online Auction. Therefore, once a bid in respect of the Sale of a Property has been placed by a Bidder, such a bid shall be regarded as final and the Bidder shall not be able to retract his bid.
Broll Auctions & Sales has the absolute discretion to withdraw or re-offer Properties for Sale, to accept and refuse bids and/ or to re-open the bidding on any Properties should they believe there may be a dispute of whatever nature or error of whatever nature, and may further take such other action as they in their absolute discretion deem necessary or appropriate.
Broll Auctions & Sales and the Seller of a Property, or someone on their behalf respectively, shall be entitled to place bids on that Property up to the Reserve in respect of that Property that the Online Auction will be subject to such rights.
The contract between the Buyer and the Seller of any Property shall be deemed to be concluded upon acceptance by Broll Auctions & Sales of the bid or offer at the Final price (after determination of any dispute that may exist). Broll Auctions & Sales is not a party to the contract of Sale and shall not be liable for any breach of that contract by either the Seller or the Buyer.
Only persons who are legally entitled to do so are permitted to place a bid on the Website.
By placing a bid, the Bidder represents and warrants that:
he is legally capable of entering into binding contracts and
he agrees to be bound by these Terms. By doing so, the Bidder accepts that Broll Auctions & Sales will rely on their representation that they have unfettered legal capacity to contract.
The Sale of a Property shall be confirmed by a confirmatory e-mail sent to the Buyer in which the details of the transaction, including the Purchase Price, are stipulated.
When logging on to the Website using their personal information, a User will be able to easily access a full record of all transactions conducted on the Website. The record of each transaction shall be available for an indefinite period.
PAYMENT, COLLECTION AND DELIVERY
Payments shall be made by
credit card or via Electronic Fund Transfer ("EFT") into the bank account of Broll Auctions & Sales via the payment facilities on the Website;
credit card or EFT at the relevant premises of Broll Auctions & Sales upon signature of the offer to purchase of the property by the Buyer or his nominated courier from such premises; or
by direct deposit into the bank account of Broll Auctions & Sales.
Broll Auctions & Sales does not accept any credit cards other than MasterCard and Visa.
Notwithstanding any other clause contained in these Terms, payment in terms of clause 7.1 shall be regarded as received by Broll Auctions & Sales, in the event that:
where payment is being made by credit card transaction, such payment has been cleared by the relevant bank and credited to Broll Auctions & Sales's bank account; and
where payment is being made by EFT, such payment has been credited to Broll Auctions & Sales's bank account.
A Buyer's Commission, calculated at the applicable current rate of the Final price (plus VAT) and the deposit on the property purchased, shall be payable by the Buyer to Broll Auctions & Sales in respect of the Sale of each Property. The Buyer acknowledges that Broll Auctions & Sales, when acting as agent for the Seller of any Property, may also receive a Seller's Commission and/or other fees for or in respect of that Property.
Any payments made by a Buyer to Broll Auctions & Sales may be applied by Broll Auctions & Sales towards any sums owing by the Buyer to Broll Auctions & Sales on any account whatsoever and without regard to any directions of the Buyer or his agent.
CANCELLATION AND RETURNS
As Broll Auctions & Sales will not implement direct marketing in any manner or form in order to solicit transactions and as all transactions conducted on the Website will be restricted to auctions, no statutory "cooling off" period shall apply to any transactions conducted on the Website. A Buyer will not be entitled to rescind any transaction and request a refund of any payment in terms thereof after his bid has been finally accepted by Broll Auctions & Sales, save in circumstances contemplated elsewhere in these Terms.
REMEDIES FOR NON PAYMENT AND BREACH
Without prejudice to any rights that the Seller may have, if, for whatsoever reason, any Property is not paid for in full or payment of any amount is not cleared or if there is any other breach of these Terms by the Buyer, Broll Auctions & Sales as agent of the Seller shall, at its absolute discretion and without limiting any other rights or remedies that may be available to it or the Seller hereunder or at law, be entitled to exercise one or more of the following remedies:
to rescind the Sale of that or any other Properties Sold to the Buyer in terms of the same or any other Online Auction;
to set off any amounts owed to the Buyer by Broll Auctions & Sales against any amounts owed to Broll Auctions & Sales by the Buyer for the Property;
to reject future bids and offers on any Property from the Buyer;
to proceed legally against the Buyer for damages;
to disclose the Buyer's details to the Seller to enable the Seller to commence legal proceedings;
to commence legal proceedings;
to charge interest on a monthly basis at a rate not exceeding the Prime Rate on the total amount due to the extent that it remains unpaid after 7 (seven) days from the Fall of the Hammer;
The User makes use of this Website at his own risk.
The Website and all information, content, materials and services included or otherwise made available to the User therein are provided on an "as is" and an "as available" basis. Broll Auctions & Sales makes no warranties or representations of any kind, express or implied, as to the operation of this Website or the available information, content, materials or services included on or otherwise made available to the User.
The liability of Broll Auctions & Sales for losses suffered as a result of any breach of these Terms shall be strictly limited to the amount paid by any bidder less any applicable fees or expenses.
Notwithstanding anything to the contrary contained in these Terms, Broll Auctions & Sales shall have no liability for any loss, damage, cost, claim or penalty of whatsoever nature including, but not limited to, indirect and consequential loss or damage and loss of profits, however arising out of or in connection with these Terms or the Website, whether caused by latent or patent defects in the Website, the use of the Website and/or information contained on the Website or otherwise.
The User hereby indemnifies Broll Auctions & Sales and holds it harmless against any and all liability, loss, damage, penalty, cost or claim of any nature whatsoever suffered by him or any third party in relation to any act or omission by the User or, where applicable, the User's shareholders, members, directors, officers, employees, representatives, agents or assigns or any third party in relation to the Website and the use thereof by the User, and/or arising from the provisions of these Terms.
The User assumes all responsibility and risk for the use of the Website and Broll Auctions & Sales disclaims all liability for any loss, injury, damage, cost, penalty or claim resulting from the use of the Website, whether direct or indirect, and whether or not Broll Auctions & Sales has been advised of or has knowledge of the possibility of such loss, injury, damage, cost, penalty or claim.
Broll Auctions & Sales will not be held liable for any delay, failure, breach or non-compliance with its obligations under these Terms if such delay, failure, breach or non-compliance is beyond the reasonable control of Broll Auctions & Sales.
These Terms do not intend to, nor shall they be interpreted to, limit the liability of Broll Auctions & Sales in any way which would be illegal for Broll Auctions & Sales to exclude or attempt to exclude or where such exclusion is prohibited by the Act or the Electronic Communications and Transactions Act No. 25 of 2002, or any other law in force from time to time in the Republic of South Africa.
The content of the Website is intended for property owners or buyers who have general knowledge of the auction process and the properties that they intend bidding on. Broll Auctions & Sales staff are available to answer all your property related queries. Bidders should also educate themselves with the full cost of purchasing the property, including but not limited to transfer costs and fees, bond and financing costs.
The User may not use, reproduce, adapt, distribute, publish or in any other way deal or interfere with the Website's contents without the prior written consent of Broll Auctions & Sales.
Broll Auctions & Sales reserves the right to make any changes to the Website, its content and/or services offered through the Website at any time and without prior notice.
Content published on the Website reflects the views of the author and does not necessarily constitute the official opinion of Broll Auctions & Sales unless otherwise stated.
A User is responsible for his own communications on the Website and is responsible for the consequences of its posting. A User may not do any of the following things while using the Website:
post any material on the Website in terms of which he is not the owner of the Intellectual Property or other proprietary rights therein or does not have the permission of the owner of such Intellectual Property or rights to post or transmit such material to the Website;
post material on the Website that otherwise violates any rights of any third party or violates or infringes on the privacy or publicity rights of third parties;
post material on the Website that is illegal, unlawful, obscene, defamatory, discriminatory, disparaging of others, derogatory, inflammatory, harassing, insulting, offensive or likely to promote violence or hatred against others or that contains abusive, offensive or profane language nor may such content be associated in linking to the Website.
post advertisements or solicitations of business;
post or transmit any chain letters or pyramid schemes;
impersonate another person or entity; and
intentionally or unintentionally violate any applicable South African or international law while using the Website.
If notified by a User of any communication that allegedly does not conform to any provision of these Terms, Broll Auctions & Sales may investigate the allegation and determine in its sole and absolute discretion whether to remove or request the removal of the communication.
Broll Auctions & Sales reserves the right at all times to disclose any information as necessary or deemed desirable by Broll Auctions & Sales to satisfy any applicable South African or international law, regulation, legal process, or governmental request or to edit, refuse to post or to remove any information or materials, in whole or part, in Broll Auctions & Sale's sole and absolute discretion.
Any material uploaded by the User to the Website will be deemed to be non-confidential and non-propriety and in doing so the User grants Broll Auctions & Sales a non-exclusive, royalty free, sub-licensable licence to use, copy, adapt, distribute and disclose to third parties any such material for any purpose in any form throughout the world in perpetuity.
The Website may contain links to other websites. Broll Auctions & Sales has no control over such websites, does not review their content and will not be liable for their content or accuracy. The User accesses such websites at the User's own risk and discretion.
The User may link to this Website, provided that the User will only provide a link to this Website's homepage and will not replicate any particular page, including the homepage. When linking to this Website, the User confirms and agrees that it will comply and ensure compliance with the requirements of this clause 11.
Although every effort will be made to have this Website available at all times, the Website may become unavailable due to maintenance or repairs, loss of connectivity or some other form of interruption. Broll Auctions & Sales does not warrant against nor will it be held liable for such downtime and is hereby indemnified from any loss, damage, claims, costs or penalties incurred as a result of such unavailability.
If the User chooses or is provided with identification codes, usernames, passwords or any similar form of identification information as part of the Website's security systems, such User must keep this information secret and confidential and must not permit anyone else to use it. The User shall be responsible for all access to the Website with the User's username and password. When the User's username and password have been used in order to gain access to the Website, Broll Auctions & Sales shall be entitled to assume that such use and all related communications emanate from the User. Broll Auctions & Sales shall not be liable for any loss or damage arising from unauthorised use of the User's identification information.
In the event that the User becomes aware of a breach of the confidentiality of the User's username and password, the User must immediately communicate this to Broll Auctions & Sales with subsequent confirmation in writing. The compromised username and password will be deactivated as soon as reasonably possible and a new username and password will be issued to the User. Broll Auctions & Sales may, in its sole and absolute discretion and for any reason whatsoever, require the User to change his username and password at any time.
If the User commits any breach of these Terms or in any other way interacts with or uses the Website in an unlawful or unauthorised manner, Broll Auctions & Sales shall be entitled, in its sole and absolute discretion, to terminate the User's access to the Website immediately, without prior notice, without any liability on Broll Auctions & Sale's part and without prejudice to Broll Auctions & Sale's rights in terms of these Terms or at law. Following such termination, the User will forfeit the right to link to this Website as described in clause 11.10.
By accessing the Website the User represents and warrants that he owns and/or otherwise controls all of the rights to the content that he posts and/or uploads. Furthermore, the User represents and warrants that the content submitted to the Website is:
will not cause injury, defame any person or breach any clause of these Terms or any law.
Broll Auctions & Sales is hereby indemnified from and against any and all loss by any person which results from a breach of these representations or warranties.
consents to any processing or storage of such information and warrants that any and all data provided is up-to-date, complete and accurate;
undertakes to maintain and promptly update the aforementioned information to keep it up-to-date, complete and accurate; and
Any commentary, advice, information, suggestions, opinions, answers or any other information posted on the Website is not intended to nor shall it be interpreted to amount to advice on which reliance should be placed and are posted merely for guidance purposes only. The User makes use of any such information at his own risk and in his own discretion and disclaims and indemnifies Broll Auctions & Sales from and against any and all liability and responsibility arising from any reliance placed on such information whether posted on the Website or by any other person visiting the Website.
The Website is owned by Broll Auctions & Sales and the User acknowledges that Broll Auctions & Sales and/or its licensors are the proprietors of any and all Intellectual Property associated with, related to or appearing on the Website.
The content of the Website, including but not limited to any pictures, photos, text, presentations, names, titles, brands, drawings, models and associated software are protected by South African and international law. The owners of such content reserve all such rights therein unless provided otherwise in these Terms.
The User undertakes:
not to use or register any trade marks, trade names or other devices which are or incorporate marks which are the same as or confusingly similar to any of Broll Auctions & Sale's trade marks ("Trade Marks") or which marks are likely to be associated with the Trade Marks or where such use would take unfair advantage of or be detrimental to the distinctive character or the repute of the Trade Marks;
not at any time to do or cause to be done any act or thing in any way impairing or tending to impair any part of Broll Auctions & Sale's rights, title and interest in and to the Intellectual Property; and
not in any way to make unauthorised use of the Intellectual Property or to represent that he has any rights of any nature in the Intellectual Property or any registrations thereof.
Without limiting the generality of the provisions of clause 14.3, the User undertakes not to make any unauthorised use, reproductions or copies of any work or material displayed or made available on the Website and agrees to adhere to and comply with all policies, conditions of use and rules that may apply to the use of such work or material.
Broll Auctions & Sales's graphics, logos, page headers, button icons, scripts and service names are the Trade Marks or trade dress of Broll Auctions & Sales. The Trade Marks and trade dress may not be used in connection with any product or service that is not conducted by Broll Auctions & Sales or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Broll Auctions & Sales. All other Trade Marks not owned by Broll Auctions & Sales that appear on the Website are the property of their respective owners who may or may not be affiliated with, connected to, or sponsored by Broll Auctions & Sales. The User may not use such Trade Marks without consent from the relevant owners.
MALICIOUS SOFTWARE AND OFFENSES
The User warrants that:
he will not use the Website in any way that causes, or is likely to cause, the Website and access to the Website to be interrupted, damaged or impaired in any manner;
no form of virus, Trojans, worms, logic bombs, or other malicious coding, virus or software will be introduced onto the Website or into Broll Auctions & Sale's system which may cause any form of technological harm or any other form of harm in any manner or respect;
he will not attempt to gain unauthorised access to the Website, including through the theft of any third party's username and password;
he will not attempt to gain unauthorised access to the Website's server, databases, computers or any other device associated with the Website and will not attack the Website through a denial-of- service attack or a distributed denial-of-service attack;
he will not use any robot, spider, or other automatic or manual device or process for the purposes of compiling information regarding the identification, address, or other attributes of any of the Users of this Website or to recreate in original or modified form any substantial portion of the Website; and
he will not take any action that imposes an unreasonable or disproportionately large load on the servers or systems of Broll Auctions & Sales.
Any breach of these Terms regarding malicious software and offenses will be reported to the relevant law enforcement agencies and Broll Auctions & Sales will co-operate in all respects with those law enforcement agencies, including by way of disclosure of the identity and identification information of the User.
Although Broll Auctions & Sales and its representatives will use reasonable efforts to ensure that no malicious content can be received from the Website, Broll Auctions & Sales does not warrant that the Website is free of malicious content or viruses and Broll Auctions & Sales will not be held liable for any loss resulting from a distributed denial-of-service attack, or any malicious content as described in clause 15.1.2 which may infect any User's computer or device, computer equipment, data or any other propriety material where such loss is or may be attributed to the User's use of the Website or downloads received from the Website.
The User warrants that he will not use the Website in any manner that will break any law enforceable in South Africa or cause any annoyance, unnecessary anxiety or inconvenience to any person.
The Website is hosted, controlled and operated from the Republic of South Africa and therefore, the Website, the conduct of Online Auctions and these Terms shall be governed by South African law and the User agrees to the jurisdiction of the South African courts.
Broll Auctions & Sales use information supplied by Bidders or Sellers, or otherwise lawfully obtained, for the provision of Online Auction related services, client's administration, marketing and otherwise as required by law.
The Bidder and Seller agree to the processing of their Personal Information and to the disclosure of such information to third parties worldwide for the purposes outlined in clause 17.1 above.
Any representation or statement by Broll Auctions & Sales in any Online Brochure is a statement of opinion. Every person interested should rely on his own judgement as to such matters and neither Broll Auctions & Sales nor its agents or servants are responsible for the correctness of such opinions, subject to clause 7.1 of these Terms.
If any of these Terms are held to be unenforceable, the remaining parts shall remain in force and effect.
The non-exercise of or delay in exercising any right or power of a Party does not operate as a waiver of that right or power, nor does any single exercise of a right or power preclude any other or further exercise of it or the exercise of any other right or power. A right or power may only be waived in writing, signed by the Party to be bound by the waiver.
If at any time there is a failure by Broll Auctions & Sales to insist on strict performance of any of the User's obligations under these Terms and related contracts, this shall not be construed to be a waiver of such rights and shall not relieve the User from compliance with such obligations. A waiver of any one default is not to be interpreted as a condonation of any other or further defaults.
Neither Party shall be liable for any loss or damage, or be deemed to be in breach of these Terms, if its failure to perform or failure to cure any of its respective obligations hereunder results from any event or circumstance beyond its reasonable control. The Party interfered with shall, give the other Party prompt written notice of any force majeure event. If notice is provided, the time for performance or cure shall be extended for a period equivalent to the duration of the force majeure event or circumstance described in such notice, except that any cause shall not excuse payment of any sums owed to Broll Auctions & Sales prior to, during or after such force majeure event.
Any and all communications between the Parties, whether legal or merely for notification purposes, correspondence or for any other reason will only satisfy any legal requirement if it is reduced to writing whether electronic or otherwise.
Any notice by Broll Auctions & Sales to a Seller, consigner, respective Bidder or Buyer may be sent by Broll Auctions & Sales to the latest address as provided to Broll Auctions & Sales by the Seller, consigner, respective Bidder or Buyer.
Any notice to be addressed in terms of clause 17.9 above may be given by airmail or hand-mail or sent by prepaid post, and if so given will be deemed to have been received by the addressee seven days after posting, or by facsimile, and if so given will be deemed to have been duly received by the addressee within one working day from transmission or by e-mail, and if so given will be deemed to have been duly received by the addressee within twenty four hours from transmission. Any indemnity under these conditions will extend to all proceedings, actions, costs, expenses, claims and demand whatever incurred or suffered by the person entitled to the benefits of the indemnity. Broll Auctions & Sales declares itself to be a trustee for its relevant agents and servants of the benefit of every indemnity under these conditions to the extent that such indemnity is expressed to be for the benefit of its agents and servants.
Broll Auctions & Sales makes no claim that the materials contained on the Website are appropriate for any particular purpose or audience or that they may be downloaded outside South Africa. Access to the materials may not be legal by certain persons or in certain countries outside of South Africa. If the Website is accessed from outside South Africa, the User so accessing the Website is responsible for complying with the laws of his country.