Terms & Conditions

1.1. "Auctioneer" means Iveson Auctioneers (Pty) Ltd, its employees, agents, and representatives.

1.2. "Bidder" means any person, company, or entity registered to participate in an auction, whether in person, by proxy, telephonically, or online via https://bid.ivesonauctioneers.com.

1.3. "Buyer" or "Purchaser" means the highest successful Bidder to whom a Lot is knocked down.

1.4. "Buyer's Premium" or "Commission" means the fee charged to the Buyer, calculated as a percentage of the Hammer Price, as specified for each auction.

1.5. "Hammer Price" means the final bid price at which a Lot is knocked down to the Buyer.

1.6. "Lot" means any item or group of items offered for sale at an auction.

1.7. "Purchase Price" means the Hammer Price plus Buyer's Premium plus VAT (where applicable) plus any other applicable charges as set out in the Invoice.

1.8. "Reserve Price" means the minimum price below which the Seller is not obliged to sell a Lot.

1.9. "Seller" means the owner or consignor of a Lot offered for sale.

1.10. "VAT" means Value Added Tax at the prevailing rate (currently 15%) as determined by the South African Revenue Service.

1.11. "Invoice" means the document detailing the exact identification of the item sold, the price, commission, and terms of payment generated by the Auctioneer.

2.1. These Terms and Conditions govern all auctions conducted by Iveson Auctioneers (Pty) Ltd, whether conducted in person, online via https://bid.ivesonauctioneers.com, or by any other method.

2.2. By registering to bid or placing a bid, the Bidder acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions. These terms are binding on the Bidder's executors, legatees, heirs, successors in title, and assigns.

2.3. The Auctioneer acts as agent for the Seller unless otherwise stated.

2.4. The Auctioneer shall have the right to control, regulate, and record the auction. The recording of the auction shall be prima facie evidence of the auction proceedings.

2.5. The Auctioneer reserves the right to:

• (a) Refuse any person entry to an auction or registration as a Bidder without providing reasons;
• (b) Withdraw any Lot from sale at any time before or during the auction without penalty or prior notice;
• (c) Accept or reject any bid in his sole discretion without providing reasons, including rejecting an offer previously accepted;
• (d) Determine bid increments;
• (e) Advance the bidding as the Auctioneer sees fit;
• (f) Re-open bidding if there is a dispute or error;
• (g) Take such action as the Auctioneer deems necessary to conduct the auction in an orderly manner.

2.6. The Auctioneer's decision on all matters relating to the auction shall be final and binding.

2.7. The Auctioneer is entitled to correct any bona fide error in the conduct or conclusion of any sale or arising from any incorrect information. If the error cannot be corrected, the auction shall be deemed not to have taken place and no party shall have any claims against the Auctioneer or Seller arising from the cancellation.

2.8. No "ringing" shall be permitted. If the Auctioneer suspects that Bidders are colluding not to bid against one another to keep prices low, he shall be entitled to suspend or terminate the auction, or to prohibit those Bidders from making further bids.

3.1. All Bidders must register before participating in an auction at https://bid.ivesonauctioneers.com or in person.

3.2. For Individual Bidders, the following is required:

• (a) Full legal name and surname;
• (b) South African ID number or passport number;
• (c) Physical and postal address;
• (d) Contact telephone number and email address;
• (e) Certified copy of ID document or passport;
• (f) Proof of address (utility bill, bank statement, or municipal account not older than 3 months).

3.3. For Company/Entity Bidders, the following additional documents are required:

• (a) Company registration documents (CIPC);
• (b) Resolution authorising the representative to bid;
• (c) Director's ID documents;
• (d) Proof of company address.

3.4. The Auctioneer reserves the right to verify all information provided and to refuse registration without providing reasons.

3.5. Registration constitutes acceptance of these Terms and Conditions.

3.6. You are solely responsible for maintaining the confidentiality of your username and password. You must notify us immediately of any unauthorized use of your account.

4.1. Bid Submission: The act of clicking on the bidding button or submitting a bid price constitutes an irrevocable offer to purchase the Lot for the amount bid. Once placed, a bid cannot be withdrawn.

4.2. Bid Recognition: The Auctioneer shall determine which bids are recognised. The Bidder is responsible for ensuring their bid is clearly communicated.

4.3. Online Bidding: Online bidding via https://bid.ivesonauctioneers.com is subject to:

• (a) Successful registration on the platform;
• (b) Acceptance of these Terms and Conditions;
• (c) The Bidder bearing all risk of technical failure, connectivity issues, or platform malfunction;
• (d) Bids being final once submitted, regardless of claimed technical errors.

4.4. Proxy Bidding: Bidders may submit written proxy bids. The Auctioneer will execute proxy bids at the lowest possible price.

4.5. Telephonic Bidding: Telephonic bidding is offered at the Bidder's risk. The Auctioneer accepts no liability for failed connections or miscommunication.

4.6. Disputes: In the event of a dispute between Bidders, the Auctioneer may re-offer the Lot, determine the successful Bidder, or take any other action deemed appropriate. The decision of the Auctioneer shall be final and binding.

4.7. Highest Bidder: The highest Bidder accepted by the Auctioneer shall be the Purchaser if NO RESERVE or SUBJECT TO CONFIRMATION is applicable.

5.1. NO RESERVE: There is no established minimum price for the item. No matter what the winning bid, the owner must sell it for that amount.

5.2. RESERVE: A hidden minimum price must be attained for the bid to be accepted. If the highest bid does not meet the Reserve Price, the Lot may be withdrawn.

5.3. SUBJECT TO CONFIRMATION: The owner must accept or reject the bid after finalisation of the auction. The confirmation period is fourteen (14) days from the date of the auction unless otherwise stated. During this period, the Purchaser may not withdraw their offer. If the bid is not accepted, the Auctioneer will refund the full amount paid. No interest is payable by the Auctioneer.

6.1. All Lots are sold "voetstoots" (as-is, where-is). No representations or warranties are made by the Auctioneer or the Seller.

6.2. Neither the Auctioneer nor the Seller shall be liable in consequence of any representation made by them at or before the auction. In particular, no warranties are made regarding:

• (a) Immovable property;
• (b) Motor vehicles in respect of year, make, model, outstanding tickets, or roadworthiness;
• (c) The condition, quality, or fitness for purpose of any Lot;
• (d) The accuracy of any description, catalogue entry, or statement made;
• (e) The authenticity, origin, age, or provenance of any Lot;
• (f) The accuracy of odometer readings, hour meters, or similar instruments.

6.3. It is the sole responsibility of the Purchaser to inspect and familiarise themselves with the property they are bidding on before bidding.

6.4. The Consumer Protection Act 68 of 2008 provisions relating to the right to return goods and the cooling-off period do not apply to auction sales.

7.1. Risk on each item passes to the Purchaser immediately upon the fall of the hammer or electronic notification of a successful bid once a particular lot closes on an online auction.

7.2. Ownership shall only pass to the Purchaser on clearance of payment of the full amount as set out in the Invoice.

7.3. The Purchaser is responsible for arranging insurance cover from the moment risk passes.

7.4. The Auctioneer shall not be liable for any loss, damage, or deterioration to a Lot after the fall of the hammer, howsoever caused.

8.1. Invoice: On acceptance of a successful bid, an Invoice detailing the item sold, price, commission, and terms of payment will be sent to the Purchaser before close of the next business day. The Purchaser accepts the content thereof as summary of the sale and amount due.

8.2. Payment Deadline: The full Invoice amount must be paid within 48 (forty-eight) hours of the conclusion of the auction.

8.3. Accepted Payment Methods:

• (a) Electronic Funds Transfer (EFT) - Preferred method;
• (b) Bank-guaranteed cheque;
• (c) Cash (subject to 2% handling fee and FICA limits);
• (d) Credit/Debit card (subject to availability and transaction fees).

8.4. Cash Payment Limit: In compliance with the Financial Intelligence Centre Act (FICA), cash payments exceeding R24,999.99 cannot be accepted.

8.5. Financing: Buyers requiring financing must:

• (a) Submit proof of approved finance to ivesonauctioneers@gmail.com at least 12 hours before the close of the auction;
• (b) Confirm that such proof was received by the Auctioneer;
• (c) No item may be purchased subject to finance approval.

8.6. All payments must be made in South African Rand (ZAR).

8.7. Payments are only deemed received once cleared funds reflect in the Auctioneer's bank account.

9.1. Commission/Buyer's Premium plus VAT thereon is payable within 48 hours of the conclusion of the auction. The percentage will be specified for each auction (typically 10-15% of the Hammer Price).

9.2. VAT at the prevailing rate (currently 15%) is payable on:

• (a) The Hammer Price (where the Seller is VAT registered);
• (b) The Buyer's Premium/Commission;
• (c) Storage fees and any other applicable fees.

9.3. All fees will be clearly set out in the Invoice.

10.1. Collection: The Purchaser shall remove their purchases at the conclusion of the auction, and only after full clearance of payment as set out in the Invoice and all required agreements have been signed.

10.2. Storage Fees: Should the Purchaser fail to remove any item after clearance of payment, a storage fee of R350.00 (Three Hundred and Fifty Rand) plus VAT per item per day shall be charged.

10.3. Failure to Collect: Should any items purchased not be removed after a period of 21 (twenty-one) calendar days, the items will be sold by the Auctioneer at the expense of the Purchaser and without any further notice.

10.4. Alternative Storage: By written arrangement, the Auctioneer may store items at the Purchaser's expense. Storage costs will be determined before conclusion of such agreement.

10.5. Damage Liability: The Purchaser shall be liable for the costs of repair for any damages caused by them to the auction premises or any other item while removing their purchases.

11.1. If the Purchaser breaches any of these Conditions of Sale, they shall be liable to pay any cost incurred by the Auctioneer as a result of the breach including:

• (a) Administration costs;
• (b) Storage costs;
• (c) Legal costs as between attorney and own client;
• (d) Collection commission;
• (e) Interest at the prime rate plus 5% per annum;
• (f) Any shortfall on resale.

11.2. The Purchaser chooses their domicilium citandi et executandi at the address supplied during registration.

11.3. The Auctioneer may bar defaulting Buyers from future auctions and report them to credit bureaus.

12.1. Indemnification: The Bidder/Purchaser indemnifies and holds harmless Iveson Auctioneers (Pty) Ltd in respect of any claim of whatsoever nature, including but not limited to death, loss, injuries, or damages of whatsoever nature and howsoever arising, which may arise against Iveson Auctioneers (Pty) Ltd out of or in connection with the auction and participation therein.

12.2. Limitation of Liability: To the maximum extent permitted by law:

• (a) The Auctioneer's total liability shall not exceed the Purchase Price paid;
• (b) The Auctioneer shall not be liable for any indirect, consequential, or special damages;
• (c) The Auctioneer shall not be liable for loss of profit, business, or opportunity.

12.3. No indulgence granted by the Auctioneer shall prejudice or constitute a waiver of rights.

13.1. Iveson Auctioneers (Pty) Ltd collects and processes personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA).

13.2. Purpose of Collection: Personal information is collected for:

• (a) Bidder registration and verification;
• (b) Compliance with FICA and other regulatory requirements;
• (c) Processing payments and issuing invoices;
• (d) Communication regarding auctions and purchases;
• (e) Marketing purposes (with consent);
• (f) Legal proceedings if necessary.

13.3. Information Sharing: Personal information may be shared with:

• (a) Sellers (limited information for transaction purposes);
• (b) Payment processors and financial institutions;
• (c) The online bidding platform (Auction Mobility) for service provision;
• (d) Regulatory authorities as required by law;
• (e) Legal advisors and debt collectors in case of default;
• (f) Credit bureaus.

13.4. Data Security: Reasonable measures are taken to protect personal information from unauthorized access, loss, or destruction.

13.5. Data Subject Rights: Bidders and Buyers have the right to:

• (a) Request access to their personal information;
• (b) Request correction of inaccurate information;
• (c) Object to processing for marketing purposes;
• (d) Lodge complaints with the Information Regulator.

13.6. Information Officer: For POPIA-related queries, contact: ivesonauctioneers@gmail.com

13.7. Retention: Personal information is retained for as long as necessary to fulfil the purposes for which it was collected and to comply with legal obligations.

14.1. Iveson Auctioneers (Pty) Ltd is an Accountable Institution under the Financial Intelligence Centre Act 38 of 2001 (FICA).

14.2. All Bidders and Buyers must comply with FICA requirements, including:

• (a) Providing proof of identity (ID/passport);
• (b) Providing proof of address (not older than 3 months);
• (c) Declaring the source of funds for large transactions when requested;
• (d) Providing additional information as required by law.

14.3. The Auctioneer is required to:

• (a) Verify the identity of all clients;
• (b) Keep records of transactions for a minimum of 5 years;
• (c) Report suspicious transactions to the Financial Intelligence Centre.

14.4. Cash transactions exceeding R24,999.99 are prohibited by law.

14.5. Failure to comply with FICA requirements may result in refusal of registration or cancellation of sale.

15.1. Online bidding is provided through https://bid.ivesonauctioneers.com, powered by Auction Mobility.

15.2. Platform Terms: Use of the online platform is also subject to Auction Mobility's Terms of Use and Privacy Policy, available at https://bid.ivesonauctioneers.com.

15.3. Technical Failures: The Auctioneer accepts no liability for:

• (a) Platform outages or technical failures;
• (b) Internet connectivity issues;
• (c) Browser or device compatibility issues;
• (d) Bids not received or processed due to technical issues;
• (e) Any errors claimed by the Bidder.

15.4. Bid Extensions: The platform may implement automatic bid extensions when bids are placed near closing time.

15.5. Account Security: The Bidder is solely responsible for maintaining the security of their account credentials.

15.6. Electronic Communications: In accordance with the Electronic Communications and Transactions Act 25 of 2002, the cooling-off period does not apply to auction sales.

16.1. Roadworthy Certificates: Vehicles are sold without roadworthy certificates unless expressly stated. The Buyer is responsible for obtaining roadworthy certification.

16.2. Registration and Licensing: The Buyer is responsible for all registration, licensing, and transfer costs.

16.3. Odometer Disclaimer: Odometer readings are not warranted. The Auctioneer makes no representation as to the accuracy of odometer readings or hour meters.

16.4. Outstanding Finance: The Auctioneer will endeavour to confirm that vehicles are free of finance, but the Buyer must conduct their own verification.

16.5. Outstanding Traffic Fines: No warranties are made regarding outstanding tickets. The Buyer must verify this independently.

16.6. Test Drives: Test drives are not permitted unless expressly authorised.

16.7. Keys and Documentation: Vehicles are sold with whatever keys and documentation are available. Missing items do not constitute grounds for cancellation.

17.1. Negotiation: The parties shall first attempt to resolve any dispute through good faith negotiation.

17.2. Jurisdiction: The parties consent to the jurisdiction of the Magistrate's Court in respect of any action or proceeding arising from these Terms and Conditions, notwithstanding that the claim may exceed the jurisdiction of such court.

17.3. High Court: Notwithstanding the above, either party may approach the High Court of South Africa for any relief sought. If any party approaches the High Court, it is specifically agreed to the jurisdiction of the Free State Division of the High Court.

17.4. Legal Costs: The unsuccessful party shall pay the successful party's legal costs on an attorney and own client scale, including collection commission.

18.1. Entire Agreement: These Conditions of Sale constitute the whole agreement between the parties. No agreement, representation, or warranty between the parties other than those set out herein are binding.

18.2. Amendment: No extension of time, waiver, indulgence, or suspension of any provision shall be binding unless recorded in a written document signed by all parties.

18.3. Severability: If any provision is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

18.4. No Waiver: No indulgence granted shall prejudice or constitute a waiver of rights, and the Auctioneer shall not be precluded from exercising any rights which may have arisen in the past or might arise in the future.

18.5. Surety: The signatory to this agreement binds himself/herself as surety and co-principal debtor together with any company, close corporation, trust, association, or other entity for the due fulfilment of all obligations and liability arising from the sale. The signatory renounces the legal exceptions of excussion and division, non numeratae pecuniae, non causa debiti, errore calculi, no value received, and revision of account.

18.6. Governing Law: These Terms and Conditions are governed by the laws of the Republic of South Africa.

18.7. Combined Terms: Any person who registers for any auction of Iveson Auctioneers (Pty) Ltd agrees to all the combined Terms and Conditions.