Last Updated: Jul 6, 2020, 1:29:34 PM
RULES OF ELECTRONIC AUCTION LIVESTOCK AND GAME
1. This auction will be held under the control of Farmers Livestock Agents (hereinafter referred to as "the Auctioneer" and/or “FLA”). The auction will be held under terms applicable to South African Law.
2. Announcements and corrections from the podium and those made through the Terms and Conditions of Auctions appearing on http://www.farmerslivestock.co.za supersede those in any printed catalogue / document.
3. The Auctioneer shall be regarded as the Agent of the Seller in terms of s22 of the Regulations
to the Consumer Protection Act 68 of 2008 (GN 34180).
4. The rules of this auction comply with the provisions of Section 45 and all relevant regulations
to the Consumer Protection Act 68 of 2008.
PROCEDURES PRIOR TO THE AUCTION
5. The auction shall take place at the date and time as advertised or publicised and will not be postponed or delayed to enable any member or group of the public to partake in the auction.
6. Should the Auctioneer become aware of any fault on advertising material or any other publication or amendment to these Rules of Auction, the Auctioneer will prior to the auction point out and when necessary amend such mistakes in the advertisement or publication on its webpage at http://www.farmerslivestock.co.za.
7. Any person wishing to participate in the auction, must prior to the auction register as a buyer
on the bidders' roll and comply with the conditions as set out in Chapter 1 of FICA 2001.
a. Any Bidder who is not a client in good standing of the Auctioneer may be disqualified at the Auctioneer's sole option. Such determination may be made by the Auctioneer in its sole and unlimited discretion, at any time prior to or during the Auction. The Auctioneer reserves the right to exclude any person from the auction.
b. Where the bidder is a company or any other form of juristic person (including partnerships, trusts or incorporated entities) other than a natural person, letters of authority shall accompany its application for registration authorizing a person to bid on behalf of the company.
c. Bidders who have not established credit with the Auctioneer must either furnish satisfactory credit information well in advance of the Auction or supply valid credit card information. The Auctioneer reserves the right to approve or reject an application for registration as a bidder based upon their sole and unfettered assessment of the bidder’s credit-worthiness. Bids placed through the Auctioneer’s website will only be accepted from pre-registered approved Bidders.
d. Bidders who are not pre-registered and approved should pre-register at least 48 hours before the start of the first session (exclusive of holidays or weekends) to allow adequate time for this process.
e. Bidders who have not previously established credit or who wish to bid in excess of their established credit history may be required to provide their full bank account details with a written consent directed to their Bank in favour of FLA Auctioneers to access the balance therein so that a credit check may be performed prior to the Auctioneer's acceptance of a bid.
8. Any person participating or registering for the Auction agrees to be bound by and accepts
these Terms and Conditions of Auction ("Bidder(s)").
9. If an entity places a bid, then the person executing the bid on behalf of the entity agrees to personally guarantee payment for any successful bid and binds him/herself as co-principal debtor.
10. All purchasers have a right of inspection of all goods put up for sale and the Auctioneer shall provide reasonable time and access prior to the start of the auction for such an inspection. In the event that the inspection of the goods is electronic, the purchaser waives the right to claim that the goods differed materially from the goods as advertised, except as regards a material difference in mass.
11. These are the rules of the auction. They are not only available on this website but also
generally available at the premises of the Auctioneer for inspection.
THE AUCTION
12. All bids shall be submitted on the standard form bidding sheet available on the http://www.farmerslivestock.co.za webpage. All information shall be filled in. All forms not completely filled in shall be disregarded.
13. The auctioneer will during the auction and on this website announce the reason for the
auction unless that reason is the normal and voluntary disposal of goods by the owner.
14. Bidding Options:
a. Bid By Internet
Bids may be placed via the interactive Auctioneer’s webpage. Each lot shall be depicted with images and contain detailed descriptions on the webpage.
b. Bid via e-mail
Bids may be placed by e-mails directed to admin@farmerslivestock.co.za E-mails shall contain the bidder’s registration number, the lot to which the bid relates and the amount bid. Such amount shall be exclusive of VAT. Email bids will be accepted up to 12 hours before close of the webpage auction.
c. Bid by Fax
Bids may be placed by fax sent to the telefacsimile number 039 7575391. Such faxed bids shall contain the bidder’s registration number, the lot to which the bid relates and the amount bid. Such amount shall be exclusive of VAT. Faxed bids will be accepted up to 12 hours before close of the webpage auction.
d. Bid In Person
Bids may be placed in person by a bidder at the FLA office in Main Street, Cedarville. In this instance the bidders shall have the opportunity to view the bidding on-line as this is displayed in the foyer of the FLA offices.
e. Bidders are advised to telephonically confirm that their e-mails or faxes have
been received by the Auctioneer.
15. All bidders shall have the opportunity to view the livestock to which bids relate at a place to be decided between 09h00 and 11h00 on the day preceding the closing of bidding. In the event that this is not possible due to the COVID lockdown period, then the attention of purchasers is drawn to paragraph 10 above.
16. Due to the different options available for bidding it is likely that there may be a tied highest
bid. In such event, the Internet bidder, within his/her/its credit limit, will win by default.
17. By submitting a bid in any of the forms described above, the bidder indicates that he/she/it
considers that he/she/it is bound by these terms and conditions.
18. Each lot is regarded to be the subject of a separate transaction.
19. Auctions that are conducted solely on the Internet accept bids from the Internet, in person, by email, or fax, in that order. Live bidding is available to registered clients during these auctions at the offices of FLA.
20. When identical bids are submitted in the same medium, preference shall be given to the first
received.
21. No internet auction conducted under these terms and conditions shall be subject to a right
to bid by or on behalf of the owner or Auctioneer.
22. Bid increments (on the current bid level) determine the lowest amount you may bid on a particular lot. Bids greater than one increment over the current bid can be any whole cent amount. Bids will be accepted in whole South African cents amounts only. No "buy" or "unlimited" bids will be accepted. Bidding increments will be in 1 cent increments on the current highest bid.
23. A “minimum bid” will be indicated for each lot on the webpage prior to the Auction opening. If the hammer price does not meet the "minimum bid", the lot will be deemed “not sold” by the Auctioneer.
24. The highest registered Bidder recognized by the Auctioneer shall be the Buyer.
25. In the event of a tie bid:-
a. the earliest bid received or recognized wins; and b. if bids are simultaneous, the bid made electronically wins.
26. The Auctioneer's decision and declaration of the winning Bidder shall be final and binding
upon all Bidders.
27. The Auctioneer reserves the right to refuse to honour any bid or to limit the amount of any bid, in its sole discretion. A bid made by an insolvent or irresponsible person, a person under the age of eighteen, or a bid which is not supported by satisfactory credit, collectibles references, or otherwise may be disregarded by the Auctioneer.
28. Until the fall of the hammer as contemplated in Section 45(3) of the Act, any bid may be retracted or declined by the Auctioneer if not compliant with the regulations of the Consumer Protection Act.
29. All items are to be purchased per lot as numerically indicated and no lots will be broken or split. The Auctioneer reserves the right to withdraw, prior to the close, any lots from the Auction.
30. The Auctioneer reserves the right to rescind the sale in the event of:-
a. Nonpayment; b. Material misrepresentation; c. Disputed ownership of livestock; d. The Auctioneer's clerical error or omission in exercising bids and minimum bid
designation; or e. For any other reason.
31. In the instance of non-payment of the purchase price by a bidder:-
a. The Auctioneer shall have the sole and absolute discretion to rescind or abide by
the sale; b. The bidder shall bear the costs of the Auctioneer and/or seller on a scale as
between attorney and client; c. In the event that the Auctioneer elects to cancel/rescind the sale, the bidder shall remain liable to the Auctioneer and/or the seller for damages which shall include the Auctioneer’s commission and any expenses occasioned to the lot by virtue of the Bidder’s breach of the sale agreement.
32. In the event that the Auctioneer’s website is inoperable during the bidding period, due to a power outage, internet malfunction or service provider malfunction, the Auctioneers shall have the sole and absolute discretion to extend the bidding period of the auction. In this event such extension shall be advertised on the website as soon as same is operational.
VOETSTOOTS
33. All livestock, game and goods are sold "voetstoots" and the purchasers do not enjoy the
protection of Section 55 and 56 of the Consumer Protection Act.
34. Any information provided regarding the quality, breeding, age, date of insemination, condition, reproductive status or any information regarding health, production or mass or any other aspect of the livestock and/or game, is provided by the seller and any misrepresentation by the seller is without the cooperation or knowledge of the Auctioneer. Any right of recourse as a result of such misrepresentation shall be against the seller.
DISCLAIMER
35. Notwithstanding provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither FLA nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web
site or the services or content provided from and through this web site. Furthermore, FLA makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors. This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into any agreement with FLA that the service available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware and/or software.
VAT
36. Any bid made does not include VAT which, where applicable, will be added to the bidding
price for which a VAT invoice will be issued.
CONFIRMATION
37. If a sale subject to confirmation is confirmed, the Auctioneer shall inform the buyer electronically within the period stipulated for confirmation, or in writing posted or delivered within the period stipulated for confirmation. If the bidder whose bid has been provisionally accepted is not so informed, the property shall be deemed not to have been sold. The bidder whose bid is provisionally accepted shall not be entitled to withdraw his bid during the period stipulated for confirmation. The Auctioneer shall inform him/her/it either electronically or in writing of the amount and terms and conditions of any higher offer which it receives during that period and which the seller is prepared to accept and such bidder shall have the option to purchase on those same terms and conditions and at a sum equal to the highest of such offers so notified to him, which option shall be exercised in writing, delivered to the Auctioneer before 16h00 on the second day after the expiry of the confirmation period.
PAYMENT FOR PURCHASES
38. All sales are for cash and the purchase price is payable immediately to the Auctioneer on notification by the Auctioneer to the bidder of acceptance of the bid. Any payment made in cash is further subject to cash or any other handling fees.
39. Notification to the Purchaser of the acceptance of his/her/its bid shall be in the same form
(electronic (e-mail), fax or in person) as the bid was made.
40. Should the Purchaser, however, fail to make payment within 7 days from date of notification
by the Auctioneers to the bidder:-
a. FLA will be entitled to add interest calculated monthly and capitalized at the
current bank prime rate plus 2% to the capital amount outstanding; and b. The Purchaser shall be liable for storage and feeding charges for the animals
purchased.
41. Should the purchaser not pay the purchase price immediately and has failed to make arrangements for payment with the Auctioneer, then the Auctioneer, in his sole and absolute discretion, shall be entitled to cancel the sale and treat the assets or lots as unsold lots which may again be presented on for sale or be sold out of hand, depending on the seller's mandate to the Auctioneer.
42. Ownership in the lot or assets will remain that of the seller until the purchase price has been paid in full to the Auctioneer with the proviso that the risk in the assets or lot passes to the purchaser at the time of notification by the Auctioneers to the bidder of acceptance of the bid.
43. In the event that Purchaser has made necessary finance arrangements with FLA, the Purchaser hereby authorises FLA to pay the purchase price or costs of transport, insurance and any other agreed cost, minus FLA's commissions, on behalf of the Purchaser to the Seller, in which event the said payment by FLA on behalf of the Purchaser will be deemed to be monies lent and advanced, the terms and conditions thereof being agreed with the Purchaser in a separate credit agreement or sale agreement. All payments made by FLA to the Seller on behalf of the Purchaser in terms of this clause will be made within 7 (seven) days from date of delivery of the asset to the Purchaser. Any payment made by FLA to the Seller prior to the lapse of the seven day period is made at the sole discretion of FLA.
44. For as long as any amount is owing to FLA by the Purchaser, the Purchaser may not, where the assets are the subject of security of the Purchaser’s credit facility with FLA, relinquish possession of the said asset, nor may he cede the asset or any of its rights and obligations in terms of this agreement to a third party or otherwise encumber, sell or dispossess the said asset or allow it to become the subject of any right of retention, hypothec, pledge or any encumbrance, whatever the cause thereof may be. FLA may be entitled to cede its rights and obligations without affecting its rights of recourse for any monies still due to it.
45. In the event of the Seller already being indebted to FLA or any of its affiliates at the time of this auction, the Seller hereby irrevocably authorises FLA to set off the purchase price due to the Seller by FLA (minus FLA's commission) against the amounts due by the Seller to FLA.
46. Where FLA, in terms of a credit agreement, lent and advanced monies to the Purchaser for payment of the purchase price of any asset or payment of any transport costs or insurance premiums, no defence or claim of whatsoever nature which the Purchaser may raise against the Seller or the transport contractor or the insurance company may be raised against FLA and the Purchaser shall still be obligated to pay all amounts owing, together with further interest and costs thereon raised in terms of the credit agreement or sale agreement, to FLA. The conditions of this clause do not interfere with the rights, entitlements or remedies the Purchaser may have against the Seller, transport contractor or insurance company.
47. Neither the Purchaser, nor the Seller, shall be entitled to apply set-off or to retain any monies owing arising from any claim they may have against each other or FLA with regards to any amount owing in terms hereof.
48. Bank deposit payments.
If a buyer selects to pay via bank transfer the following conditions apply:
a. the exact amount must be paid; b. the payment must be identified by supplying the order number and/or surname
in the reference section of the deposit slip or on the electronic transfer;
REMOVAL AND RISK
49. Each lot shall immediately after the date of notification by the Auctioneers to the bidder of acceptance of his/her/its bid deemed to be delivered to the purchaser at which time the risk will pass to the purchaser who will at his own risk and cost remove the lots or assets from the auction terrain/ sales pens. Removal of any assets or lots however will not be allowed by the Auctioneer until payment of the purchase price by the purchaser or acceptable arrangements for payment thereof have been made by the purchaser with the Auctioneer.
50. The bidders' roll and vendor roll will be available for registered buyers for inspection with written notice and good reason during the normal office hours at the business premises of the Auctioneer within 90 days of the date of auction sale.
51. Under no circumstances will FLA be held liable for any loss or damage of any cause whatsoever albeit direct or indirect damages suffered by anyone if the livestock and/or game at the auction premises are placed under quarantine as a result of the presence of a livestock and/or game disease present. In such event FLA will have the right to cancel the auction as well as any already complete sales and no party will be entitled or have a right of recourse against FLA.
52. Any party requiring permits, removal certificate, documentation of identification or any other
statutory prescribed document will solely be responsible for obtaining same.
53. Any instructions to an Auctioneer with regards to the loading, transporting, choice of transport contractors, insurance or choice of insurers will be executed at the sole risk of the person acquiring such services and the Auctioneer will not be held responsible for any losses whether direct or indirect which may be suffered as a result of giving effect to the instructions by the Auctioneer.
a. Any agreement entered into by the Auctioneer with a transport company or insurer is
done so in its representative capacity of the seller or buyer. b. All transport costs or insurance premiums are therefore payable to the Auctioneer in advance and in cash except if acceptable alternative arrangements were made with the Auctioneer.
LEGAL MATTERS
54. Both the seller and the buyer consent to the jurisdiction of the Magistrate's Court as contemplated in Section 45 of Act 32 of 1944 having jurisdiction to adjudicate any action which the Auctioneer may institute against the buyer or seller irrespective of the cause of action. Notwithstanding the aforesaid the Auctioneer will have the sole and absolute discretion to institute action in any High Court with appropriate jurisdiction.
55. Any legal costs that either party may have as against another in terms of the obligations
flowing herefrom shall be recoverable on a scale as between attorney and client.
56. No variation, amendment, novation or addition to these terms and conditions will have the effect of FLA renouncing any of its rights in terms hereof, unless it is reduced to writing and signed by FLA.
57. No relaxation or indulgence by the Auctioneer must be interpreted as a waiver of any of the Auctioneer's rights in terms hereof. Such relaxation or indulgence must also not be interpreted as a novation hereof.
58. Should any condition be unlawful or become retrospectively unlawful, that unlawful condition shall be deemed to be amended to the extent and in the manner as is necessary to make it lawful or should such amendment be impossible, the unlawful conditions shall be deemed devisable from the remainder of the conditions and pro non scripto.
59. Governing Law
FLA is registered and operates out of the Republic of South Africa. The law governing these terms and conditions is the law of the Republic of South Africa.
60. ECT Compliance
The Electronic Communications and Transactions Act states that when FLA offers goods or services by way of certain electronic transactions the following must be made available: a. Full name: Farmers Livestock Agents (http://www.farmerslivestock.co.za) b. Main business: Auctioneers of Livestock and game; c. Address for receipt of legal service: old Standard Bank Building, Main Street, Cedarville; d. Office bearers: Graham Joyner, Ken Rosewell, Jonathan Coni, Phox Borrowdale,
Gerhard Theron and Struan Stanford. e. Webmaster: admin@farmerslivestock.co.za; f. Website: http://www.farmerslivestock.co.za; and g. Official email address: admin@farmerslivestock.co.za; and h. Where any information mentioned in s45(1) is not made available herein it is due to the fact that FLA does not have a policy in that regard or that the rights of the Consumer are limited by s42(2)b. of the ECT Act.
61. No exchanges, refunds or returns are offered by FLA.
62. FLA may amend these rules any time by posting the amended terms on
http://www.farmerslivestock.co.za. All amended terms shall automatically be effective 30 days after they are initially posted. These rules may not be otherwise amended except in a written hand signed by FLA, the Seller and the Purchaser. For purposes of this provision, “written” does not include an email message and a signature does not include an electronic signature.
63. These rules set forth the entire understanding and agreement between the parties with
respect to the subject matter hereof.