The highest accepted bidder shall be the Purchaser with whom an Agreement of Sale shall be concluded at the fall of the hammer and subject to the reserve price being met. Should any dispute arise between bidders, the Auctioneer shall have the right in his sole discretion to: -declare the bidder to be the Purchaser, or
1. Offer the lot again for resale to the highest bidder.
2. All decisions of the Auctioneer shall be final and binding upon all bidders.
3. The Auctioneer shall have the right to demand payment in cash immediately each lot is knocked down to the Purchaser. Failure to effect immediate payment shall entitle but not oblige the Auctioneer to put the lot up again for resale in which event the first sale shall be deemed cancelled, the Seller reserving its right in respect of any damages suffered by it, as a result of the failure of the Purchaser to effect payment.
4. Should the sale be cancelled for any reason due to the Purchasers default the Purchaser shall be obliged to pay the Auctioneer a sum equal to 10% of the price bid which sum the parties agree constitutes a genuine pre-estimate of the Auctioneers liquidated damages and any deposit paid in terms of this contract shall be forfeited to the Auctioneer as roukoop.
5. Any advances in bidding shall be regulated by the Auctioneer who reserves the right to refuse any bid.
6. The Auctioneer shall have the right to withdraw any lot before it is knocked down.
7. Each and every lot sold shall:-
7.1 Be considered as delivered at the place of the sale but it is recorded that ownership shall not pass to the Purchaser until the lot is paid for in full.
7.2 The risk in and to the goods sold shall pass to the Purchaser within 48 hours (forty-eight) of the sale.
7.3 All vehicles are sold with no duty to repair and without any warranties and guarantees of any kind whatsoever.
8. The Purchaser acknowledge that it is fully aware of the conditions of sale, and that it has no right of recourse against either the Auctioneer and/or the Seller, in respect of any dispute or misunderstanding of any nature whatsoever.
9. Any damages suffered by the Purchaser shall be limited to the purchase price paid for the lot, and the Auctioneer and/or the Seller shall not be responsible for any other damages resulting from any cause whatsoever.
10. Terms are STRICTLY EFT PAYMENTS
11. All prices exclude Value Added Tax unless otherwise specified.
12. All purchases are subject to an Auction fee including VAT.
13. Any award of cost in favour of the Auctioneer and/or the Seller shall be as between attorney and own client and shall include (but not be limited to) such collections charges as the Auctioneer is lawfully obliged to pay his attorneys.
14. The Purchaser hereby consents to the jurisdiction of the Magistrates Court in respect of any proceedings arising from this agreement, irrespective of the amount claimed, provided that the auctioneer shall have the right to institute any action in any court having jurisdiction.
The Following applies to all Wesbank Auctions held at Burchmore’s
Any personal information and/or documents belonging to you or that of any third party as required by the Financial Intelligence Centre Act, 38 of 2001, that is processed through the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, use or such other means as defined in the Protection of Personal Information Act, 4 of 2013, as provided by you to us shall be processed for legitimate business purposes in the provision of any products or services herein, which may include the transmission of such information to FirstRand Bank Limited, including its divisions, subsidiaries and affiliates for processing. In the event that a further risk assessment is required WesBank reserves the right to conduct such assessment after the auction process is concluded and may cancel the sale transaction should WesBank no longer deem the transaction to fall within an acceptable threshold of our risk appetite to conclude the sale.
Release of the asset will be subject to the completion of the risk assessment.
AGREEMENT BETWEEN USER AND BURCHMORE'S
The BURCHMORE'S Web Site is comprised of various Web pages operated by BURCHMORE'S.
The BURCHMORE'S Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the BURCHMORE'S Web Site constitutes your agreement to all such terms, conditions, and notices.
BURCHMORE'S reserves the right to change the terms, conditions, and notices under which the BURCHMORE'S Web Site is offered, including but not limited to the charges associated with the use of the BURCHMORE'S Web Site.
LINKS TO THIRD PARTY SITES
The BURCHMORE'S Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of BURCHMORE'S and BURCHMORE'S is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BURCHMORE'S is not responsible for webcasting or any other form of transmission received from any Linked Site. BURCHMORE'S is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BURCHMORE'S of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the BURCHMORE'S Web Site, you warrant to BURCHMORE'S that you will not use the BURCHMORE'S Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the BURCHMORE'S Web Site in any manner which could damage, disable, overburden, or impair the BURCHMORE'S Web Site or interfere with any other party's use and enjoyment of the BURCHMORE'S Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the BURCHMORE'S Web Sites.
USE OF COMMUNICATION SERVICES
The BURCHMORE'S Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
BURCHMORE'S has no obligation to monitor the Communication Services. However, BURCHMORE'S reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. BURCHMORE'S reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
BURCHMORE'S reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in BURCHMORE'S sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. BURCHMORE'S does not control or endorse the content, messages or information found in any Communication Service and, therefore, BURCHMORE'S specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized BURCHMORE'S spokespersons, and their views do not necessarily reflect those of BURCHMORE'S.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO BURCHMORE'S OR POSTED AT ANY BURCHMORE'S WEB SITE
BURCHMORE'S does not claim ownership of the materials you provide to BURCHMORE'S (including feedback and suggestions) or post, upload, input or submit to any BURCHMORE'S Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting BURCHMORE'S, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. BURCHMORE'S is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in BURCHMORE'S sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE BURCHMORE'S WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BURCHMORE'S AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE BURCHMORE'S WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE BURCHMORE'S WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
BURCHMORE'S AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE BURCHMORE'S WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BURCHMORE'S AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SERVICE CONTACT : firstname.lastname@example.org
BURCHMORE'S reserves the right, in its sole discretion, to terminate your access to the BURCHMORE'S Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to the use of the BURCHMORE'S Web Site. Use of the BURCHMORE'S Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and BURCHMORE'S as a result of this agreement or use of the BURCHMORE'S Web Site. BURCHMORE'S performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BURCHMORE'S right to comply with governmental, court and law enforcement requests or requirements relating to your use of the BURCHMORE'S Web Site or information provided to or gathered by BURCHMORE'S with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and BURCHMORE'S with respect to the BURCHMORE'S Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BURCHMORE'S with respect to the BURCHMORE'S Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the BURCHMORE'S Web Site are: Copyright 2014 by BURCHMORE'S and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.