Agree to Rules of Auctions and Terms and Conditions
Registration
1. Acknowledges himself/herself to have read, understood and be bound by the Auctioneer's terms and conditions of auction; and has complied with FICA requirements i.e. brought a copy of his/her ID book, proof of residence and letter of authority to sign on behalf of a juristic entity (if applicable).
2. Should the Bidder be bidding on behalf of another person, this bidding form must be accompanied by an original Power of Attorney.
3. Should the Bidder be bidding on behalf of a third party in respect of an entity (i.e. Close Corporation, Trust, Company, Association or similar), this proxy bidding form must be accompanied by the relevant signed resolution from the entity’s Members, Trustees, Directors, Shareholders, etc.
4. Warrants, in the event that he/she is bidding on behalf of another person/company/close corporation or trust, that he/she has all necessary authority to do so and to bind such party to any consequent sale, and will produce written proof of such authority upon request.
5. Acknowledges that in the event of allowing the registration number allocated to the bidder to be used by any other bidder whether registered or not, shall remain liable for performance.
6. Acknowledges and understands that he/she shall not be entitled to bid until such time as the Auctioneer's registration fee has been paid or secured to the Auctioneer's satisfaction, this registration fee is refundable should he/she not be the highest bidder.
Lot Information
7. Warrants that he/she has fully apprised him/herself with the lot for which he/she is bidding and all associated documentation.
8. The prospective Purchaser shall be considered to have inspected the auction catalogue, bidders pack and conditions of sale for the relevant lot and to have full knowledge thereof.
Bids
9. Acknowledges that, should his/her bid be knocked down as the highest bid in respect of any lot bid upon, Auctioneer’s commission, as stipulated in the Conditions of Sale, shall be payable over and above the bid price, unless otherwise stated;
10. Acknowledges and understands that, in respect of lots subject to a reserve, should his/her bid be knocked down as the highest bid in respect of any lot bid upon, such bid shall constitute an irrevocable offer to purchase the relevant lot at such price, which offer shall remain open for acceptance by the seller during the confirmation period of the lot.
11. Acknowledges and understands that, in respect of lots not subject to a reserve, should his/her bid be knocked down as the highest bid in respect of any lot bid upon, then such lot shall be deemed to have been sold to the bidder at such bid;
12. Acknowledges and understands that any sale of immovable property by way of public auction shall be binding on the bidder, and does not need to be recorded in a written agreement, in accordance with the provisions of Section 3(1) of the Alienation of Land Act 68 of 1981.
Telephone Bidding
13. The prospective Purchaser appoints Broll Auctions and Sales as agent and authorises the Broll Auctions and Sales representative to bid for the relevant lot on behalf of the prospective Purchaser, while receiving his / her bid via telephone, in such a manner as the Broll Auctions and Sales representative deems fit in his absolute discretion.
14. All prospective Purchasers are advised to telephone Broll Auctions and Sales on the day of the auction to ensure that there are no amendments to the particulars of the sale or conditions relating to the relevant lot or other matters relating to it. The prospective Purchaser will be deemed to have knowledge of such amendments and will be subject to them in any event. If the prospective Purchaser does not telephone and such amendments have been made in the event of telephone bidding, the Broll Auctions and Sales representative may in his absolute discretion decide not to bid for the relevant lot on the prospective Purchaser’s behalf. In all events, neither the Broll Auctions and Sales representative or any of its subsidiaries, will not be responsible for any loss, costs or damages incurred by the prospective Purchaser as a result thereof.
15. Prospective Purchasers are advised in respect to telephone bids that should they become disconnected during bidding or are unobtainable, neither the Broll Auctions and Sales representative or any of its subsidiaries, will be held responsible or liable for any loss suffered in respect thereof.
Signatures and Payment
16. Acknowledges and understands that should his/her bid be the highest bid on any lot, he/she will then be obligated to sign the Auctioneer's standard agreement of sale by public auction, which agreement the bidder acknowledges to have acquainted himself/herself therewith;
17. If the Bidder’s bid is the highest, then the Purchaser undertakes to sign a copy of the Conditions of Sale and return same signed copy to Broll Auctions and Sales, immediately on the fall of the hammer.
18. If the Bidder’s bid is the highest, then the Purchaser undertakes to pay the required deposit to Broll Auctions and Sales, as stipulated in the Conditions of Sale, immediately on the fall of the hammer.
19. If the Bidder’s bid is the highest, then the Purchaser undertakes to pay to Broll Auctions and Sales the required Auctioneer’s commission amount, as stipulated in the Conditions of Sale, immediately on the fall of the hammer.