1. The Conditions of Sale set out below shall be binding on all Sellers and Purchasers in respect of all sales of goods at Public Auctions and Private Treaty Sales conducted Docking Station Safaris (Pvt) Ltd. T/A CCSALES
2. Subject to the Sellers’ reserve, if any, the Lot shall be knocked down to the highest bidder, who shall become the Purchaser (also referred to as the Buyer). In the event that any dispute shall arise between the bidders in regard to any lot, that lot shall, at the discretion of the Auctioneers, be put up again and re-sold. The Auctioneers reserve the right to regulate the bidding, to refuse the bid of any person, and to vary the order of sale.
3. The Auctioneers shall not be liable for any failure to obtain a reserve price in respect of any lot or lots unless the Seller shall have notified them in writing of the required reserve price.
4. Any bona fide error of any kind whatsoever made by the Auctioneers in conducting the sale shall not bind the Auctioneers or the Seller.
5. Each and every lot shall be sold voetstoots and shall immediately at the fall of the hammer be considered as delivered to the Purchaser and, thereafter, each lot shall be and remain at the absolute risk and profit of such Purchaser. The Purchaser agrees that each lot is sold without any warranty that the merchandise is for any particular purpose and that neither the Seller nor the Auctioneers is liable for any defects in the merchandise, whether latent or patent.
6. The Auctioneers accept no liability whatsoever for any statements or descriptions relating to the animals or other merchandise which may appear in any catalogue, advertisement or other notice or publication. The Seller, who will supply the details as to pedigree, ages, date of service and other particulars in the case of animals or relevant information in the case of other merchandise, is alone responsible for ensuring that the correct descriptions are given and that the correct animals or other merchandise offered for sale is produced under its particular lot number.
7. The Auctioneers shall not be responsible for any damage caused by or to any lot whilst it is under the supervision or control of them or their servants.
8. Any undertaking by the Auctioneers or their servants to take charge of any lots before or after the Sale, or to forward them to their destination shall be deemed to have been made purely for the convenience of the Purchaser and without any obligation of whatsoever nature on the part of the Auctioneers.
9. The entries made in the Auctioneers’ roll book shall be conclusive evidence of the facts therein stated and shall be binding upon the Seller and the Purchaser.
10. The Sellers acknowledge that they shall pay the Auctioneers commission as laid down and hereby authorize the Auctioneers to deduct from the Sale proceeds any amounts commission owed by the Sellers to the Auctioneers.
11. No variation of these Conditions of Sale shall be of any force and effect unless reduced to writing and signed by the persons who are party to the sale.
12. The Conditions of Sale contained herein shall apply to all sales whether those effected at an auction or at any other time by the Auctioneers.
13. The Auctioneers shall have the right to retain the possession of goods bought until they are satisfied that the Purchaser has made satisfactory payment there of.
14. Notwithstanding point 5, no lot shall be released until Full and Final payment is made by the Buyers. Should payment not be made within the specified time frame, the Auctioneers reserve the right, on instruction from the Seller, to either:
a. Resell the lots to defray expenses including the purchase amount, interest accumulated, board and lodging and any other expenses accrued. Any profit or loss made on the resale is for the account of the original buyer;
b. Cancel the sale;
15. Docking Station Safaris (Pvt) Ltd. T/A CCSALES, without condition, retains all rights to commission of cattle sold by Private Treaty with seven (7) working days of the public auction relevant to the Sale.
16. Payment for goods bought is due and shall be made at the conclusion of the sale, together with any VAT, purchaser’s levy, or other charges as applicable by way of Cash, Bank Transfer, RTGS or Bank Certified Cheque, at the sole discretion of the Auctioneers.
17. Interest on all overdue amounts shall be payable by the Purchaser at the prevailing minimum lending rates plus penalties charged by the Auctioneers Bankers from time to time in respect of unauthorized amounts borrowed from it.
18. In the event that payment is not so made, the Purchaser shall be liable to pay any legal practitioner costs and collection commission incurred or payable by the Auctioneers, including any tracing agent’s charges in respect of any legal proceedings instituted again the Purchaser for recovery of any sums or any legal advice taken in respect of such recovery.
19. Notwithstanding that the Auctioneers sell on behalf of disclosed principals the Auctioneers shall have the right to take action in their own names for the recovery of any amounts owing by a Purchaser.
20. Inasmuch as all Auction Sales are conducted by the Docking Station Safaris (Pvt) Ltd. T/A CCSALES and all credit arrangements are made with Docking Station Safaris (Pvt) Ltd. T/A CCSALES the term “Auctioneer” when it is used in these Conditions, shall apply to Docking Station Safaris (Pvt) Ltd. T/A CCSALES.
21. The sale is subject to regulations set aside by the Animal Movement Act, the Anti-stocktheft Act, and any temporary regulations/movement restrictions enforced by the Department of Veterinary Services.