CONDITIONS OF SALE FOR ONLINE AUCTION - (HUDDYS ONLINE AUCTION)
THIS AUCTION PLATFORM USES STAGGERED CLOSING WITH A 30 SECOND INTERVAL BETWEEN LOTS.IF A BID IS MADE WITHIN 10 MINUTES OF CLOSE OF THE AUCTION THEN THAT LOT WILL EXTEND FOR 10 MINUTES AND CONTINUE UNTIL NO BIDS ARE RECEIVED WITHIN A 10 MINUTE PERIOD.THE LOT WILL THEN CLOSE.
TECHNICAL ISSUES: HUDDY’S ONLINE AUCTION CANNOT BE HELD RESPONSIBLE FOR A MISSED BID IN THE EVENT OF A TECHNICAL ISSUE RELATED TO THE SERVER, SOFTWARE, INTERNET OR ANY OTHER ONLINE AUCTION-RELATED PLATFORMS.
THE AUCTIONEER IS COLIN HUDSON-REED
HUDDY’S ONLINE AUCTION
TELEPHONE NUMBER +27797733304
THE SALE SHALL BE SUBJECT TO THE CONTROL OF THE AUCTIONEER WHO SHALL HAVE THE SOLE RIGHT TO REGULATE THE ADVANCE IN BIDDING. WE ARE SELLING PER RISING BID IN SOUTH AFRICAN RAND.
ALL DEPOSITS ARE PAYABLE IN THE FOLLOWING ACCOUNT
HUDDY’S BOOKS
STANDARD BANK
ACCOUNT NUMBER:
BRANCH CODE:
REFERENCE: NAME & BUYER NUMBER
ALL BUYERS NEED TO ACCEPT THE CONDITION AND RULES OF AUCTION AND PROVIDE THEIR ID NUMBER.
THE AUCTIONEER SHALL AT ANY TIME HAVE THE RIGHT TO STOP THE AUCTION OR WITHDRAW ANY LOTS WITHOUT PROVIDING A REASON.
THE HIGHEST ACCEPTED BIDDER TO BE THE PURCHASER.
SHOULD ANY DISPUTE ARISE BETWEEN TWO OR MORE BIDDERS, THEN THE AUCTIONEER MAY DECLARE THE PURCHASER. THE DECISION TO THIS EFFECT TO BE FINAL.
SHOULD THE AUCTIONEER COMMIT ANY ERROR IN CONDUCTING THE SALE, SUCH MISTAKE SHALL NOT BE CONSIDERED BINDING UPON THE SELLER OR THE PURCHASER BUT SHALL BE RECTIFIED.
THE ADVANCE IN THE BIDDING TO BE REGULATED BY THE AUCTIONEER WHO ALSO RESERVES THE RIGHT OF REFUSING ANY BIDDING.
EACH AND EVERY LOT SHALL AT THE FALL OF THE HAMMER, BE CONSIDERED AS DELIVERED AND NO LOT CAN BE REMOVED UNTIL PAID FOR WITHOUT THE SANCTION OF THE AUCTIONEERS.
NO CLAIMS WILL BE CONSIDERED BY THE SELLER OR AUCTIONEER, WITH REGARD TO INCORRECT DESCRIPTIONS, QUALITY, OR CONDITION OF LOTS. PROSPECTIVE BUYERS ARE THEREFORE ADVISED TO INSPECT ALL GOODS, OR HAVE THEM INSPECTED BEFORE MAKING AN OFFER.
VIEWING BY ARRANGEMENT WITH AUCTIONEER.
GOOD ARE SOLD “VOETSTOOTS”.
THE AUCTIONEERS’ VENDU ROLL IS FINAL.
THE AUCTIONEERS ACT MERELY AS AGENTS AND NO LAWSUITS OR CLAIMS WHATSOEVER CAN BE MADE AGAINST THEM.
THE TERMS ARE EFT OR CASH DEPOSITS IN ACCOUNT (CASH DEPOSIT FEE OF 2% MUST BE ADDED TO THE DEPOSIT)
ALL BIDS ARE EXCLUSIVE OF VAT.
THIS AUCTION COMPLIES WITH SECTION 45 OF THE CONSUMER PROTECTION ACT (CPA), NO. 68 OF 2008 AND THE REGULATIONS CONTAINED THEREIN APPLICABLE TO AUCTIONS.
ALL ITEMS TO BE REMOVED AS PER ADVERTISED AUCTION RULES.
CONDITIONS OF SALE
HUDDY’S ONLINE AUCTION Conditions of Sale are set out on this website. Bidders are strongly advised to read these and familiarize themselves with the terms and information relating to buying at auction. It is important to note that HUDDY’S ONLINE AUCTION acts on behalf of the seller.
ESTIMATES
Pre-sale estimates are based upon the current market prices achieved at auction for comparable property, condition, rarity and provenance. Any between the high and low estimate will, in HUDDY’S ONLINE AUCTIONS opinion, stand a fair chance of success. Estimates are exclusive of Buyer’s Premium. Printed estimates in the catalogue may be altered and are subject to revision.
RESERVES
Lots may be subject to a reserve which is a confidential figure arrived at between HUDDY’S ONLINE AUCTIONS and the seller and below which a lot may not be sold.
BUYER’S PREMIUM
HUDDY’S ONLINE AUCTION charges a premium to the buyer on the final bid price calculated at 10% - not including VAT.
PRE-AUCTION VIEWING
This is open to the public free of charge - please contact Colin for a viewing (0797733304 or 0846319691). HUDDY’S ONLINE AUCTION specialists are available to give conditions reports or advice at viewings. Email all requests to chudsonreed@gmail.co,
PAYMENT AND COLLECTION OF PURCHASES
All lots sold will be invoiced to the name and address that appear on the registration forms.
PAYMENT
Successful bidders are required to make payment for their purchases immediately after the auction upon receipt on an invoice. All items will be released on proof of payment.
ONLINE BIDS
Bidders are not permitted to cancel or withdraw online bids.
PLEASE NOTE
If a lot receives a bid within the last 10 minutes of the sale, it will remain open for an additional 10 minutes. If any further bidding occurs, the extension timer will automatically reset to 10 minutes. If no further bidding activity occurs, the lot closes when the timer runs out.
METHODS OF PAYMENT
Payment may be made by:
Electronic Transfer (EFT) or Cash Deposit (please add 2% for cash deposit fee)
Huddy’s Books
Standard Bank
Branch:
Branch Code:
Account No:
HUDDY’S ONLINE AUCTION carries on business as BOOK AND COLLECTIBLE auctioneers and appraisers. As auctioneers, HUDDY’S ONLINE AUCTION would usually act as agent of the seller of a lot or (in instances where HUDDY’S ONLINE AUCTION owns or has a financial interest in any lot) as principal. The contractual relationship of HUDDY’S ONLINE AUCTION with prospective buyers and sellers is governed by (i) the conditions set out below, (ii) any additional or special terms and conditions that HUDDY’S ONLINE AUCTION may impose (whether in the form of notices or announcements made by the auctioneer prior to or during any auction and whether in respect of any specific lot or in general), and (iii) such other terms and conditions as may be set out in any relevant catalogue (collectively the “general conditions of business”).
1. DEFINITIONS
In these general conditions of business, head notes are for convenience only and shall not be used in their interpretation, any expression which denotes any gender shall include the other genders, any expression which denotes the singular shall include the plural (and vice versa), any expression which denotes a natural person shall include a juristic person (and vice versa) and the following terms shall have the following meanings:
1.1 “auction” means any private treaty or auction sale at which a lot is offered for sale by HUDDY’S ONLINE AUCTION.
1.2 “auctioneer” means the representative of HUDDY’S ONLINE AUCTION conducting an auction
1.3 “bidder” means any person making, attempting or considering to make a bid or offer to buy a lot at an auction, including the buyer of that lot
1.4 “buyer” means the bidder who makes the bid or offer for any lot that is finally accepted by the auctioneer at a sale of that lot, and (where the buyer is an agent acting for a principal), the buyer and the buyer’s principal jointly and severally
1.5 “buyer’s premium/commission” means the premium payable by the buyer of a lot to HUDDY’S ONLINE AUCTION on the sale of that lot, calculated on the hammer price of that lot at the relevant current rates
1.6 “catalogue” means any advertisement, brochure, estimate, price-list and other publication (in whatever medium, electronically or otherwise) published by HUDDY’S ONLINE AUCTION in respect of any auction
1.7 “current rates” means HUDDY’S ONLINE AUCTION current rates of commissions, premiums and other amounts payable to HUDDY’S ONLINE AUCTION for the time being, all as published by HUDDY’S ONLINE AUCTION (whether in a catalogue or otherwise) or as agreed between a prospective buyer or seller and HUDDY’S ONLINE AUCTION.
1.8 “hammer price” means the bid or offer made by the buyer for any lot that is finally accepted by the auctioneer at a sale of that lot, together with VAT thereon
1.9 “lot” means any item or items to be offered for sale by HUDDY’S ONLINE AUCTION at an auction
1.10 “private treaty” means the sale of any lot other than by auction sale at a price privately agreed on by the buyer and seller
1.11 “purchase price” means the hammer price of any lot at a sale thereof, plus the applicable buyer’s premium for that lot, plus all recoverable expenses for which the buyer is liable in respect of the lot
1.12 “recoverable expenses” includes all fees, taxes (including VAT), charges and expenses incurred by HUDDY’S ONLINE AUCTION in relation to any lot that HUDDY’S ONLINE AUCTION is entitled to recover from a buyer or seller
1.13 “reserve” means the confidential minimum hammer price (if any) at which a lot may be sold at an auction as agreed between the seller of that lot and HUDDY’S ONLINE AUCTION in writing
1.14 “seller” means the person named as the seller of any lot, being the person that offers the lot for sale
1.15 “seller’s commission” means the commission payable by the seller to HUDDY’S ONLINE AUCTION on the sale of a lot that is calculated on the hammer price of that lot at the relevant current rate; and
2. BUYERS CONDITIONS
2.1 THE BUYER
2.1.1 Any dispute of whatever nature about any bid or about the identity of the buyer shall be determined at the auctioneer’s absolute discretion.
2.1.2 Every bidder shall be deemed to act as principal unless, prior to the commencement of any auction, HUDDY’S ONLINE AUCTION provides a written acknowledgement that a particular bidder is acting on behalf of a third party.
2.1.3 All bidders wishing to make bids or offers in respect of any lot must complete a registration form prior to that lot being offered for sale, which registration form will include an acknowledgement by the bidder that he is acquainted with and bound by these general conditions of business. Bidders shall be personally liable for their bids and offers made during any auction and shall be jointly and severally liable with their principals if acting as an agent.
2.1.4 Bidders are advised to view any auction at which a lot is to be sold by online auction sale, but HUDDY’S ONLINE AUCTION will endeavor to execute absentee written bids and/or telephone bids, provided they are, in HUDDY’S ONLINE AUCTIONS absolute discretion, received in sufficient time and in legible form. When bids are placed by telephone before an auction they are accepted at the sender’s risk and must, if so requested by HUDDY’S ONLINE AUCTION, be confirmed in writing to HUDDY’S ONLINE AUCTION before commencement of the auction.
2.2 EXAMINATION OF LOTS
2.2.1 It is the responsibility of all prospective buyers to examine and satisfy themselves as to the condition of each lot prior to the auction, and that the lot matches any oral or written description provided by the seller and/or HUDDY’S ONLINE AUCTION. All illustrations of a lot in any catalogue are intended merely as guidance for bidders and do not provide definite information as to colours, patterns or damage to any lot.
2.2.2 HUDDY’S ONLINE AUCTION shall not be liable for any error, misstatement or omission in the description of a lot (whether in any catalogue or otherwise), unless HUDDY’S ONLINE AUCTION its employees or agents, engaged in intentional misleading or deceptive conduct.
2.2.3 In bidding for any lot, all bidders confirm that they have not been induced to make any bid or offer by any representation of the seller of HUDDY’S ONLINE AUCTION.
2.3 EXCLUSIONS AND LIMITATIONS OF LIABILITY TO BUYERS
2.3.1 Neither HUDDY’S ONLINE AUCTION nor the seller:
2.3.2.1 shall be liable for any omissions, errors or misrepresentations in any information (whether written or otherwise and whether provided in a catalogue or otherwise) provided to bidders, or for any acts or omissions in connection with the conduct of any auction of for any matter relating to the sale of any lot, including when caused by the negligence of the seller, HUDDY’S ONLINE AUCTION , their respective employees and/or agents;
2.3.2.2 Gives any guarantee or warranty to bidder other than those expressly set out in these general conditions of business (if any) and any implied conditions, guarantees and warranties are excluded. HUDDY’S ONLINE AUCTION does not guarantee or give any warranty to any item.
2.3.3 A purchased lot shall be at the buyer’s risk in all respects from the close of the bidding on the lot, whether or not payment has been made, and neither HUDDY’S ONLINE AUCTION nor the seller shall thereafter be liable for, and the buyer indemnifies HUDDY’S ONLINE AUCTION against, any loss or damage of any kind, including when caused by the negligence of HUDDY’S ONLINE AUCTION and/or its employees or agents.
2.3.4 All buyers are advised to arrange for their own insurance cover for purchased lots effective from the day after the date of sale for purposes of protecting their interests as HUDDY’S ONLINE AUCTION cannot warrant that the seller has insured its interests in the lot or that HUDDY’S ONLINE AUCTION insurance cover will extend to all risks.
2.3.5 HUDDY’S ONLINE AUCTION does not accept any responsibility for lots damaged by insect infection, changes in atmospheric conditions or other conditions outside its control, and shall not be liable for damage to glass or picture frames.
2.4 CONDUCT OF THE AUCTION
2.4.1 The auctioneer has the absolute discretion to withdraw or re-offer lots for sale, to accept and refuse bids and/or to re-open the bidding on any lots should he believe there may be a dispute of whatever nature or error of whatever nature, and my further take such other action as he in his absolute discretion deems necessary or appropriate. The auctioneer shall commence and advance the bidding or offers for any lot in such increments as he considers appropriate.
2.4.2 The auctioneer shall be entitled to place bids on any lot on the seller’s behalf up to the reserve, where
applicable.
2.4.3 The contract between the buyer and the seller of any lot shall be deemed to be concluded on the ending of the allocated time for the lot and the conclusion of the bidding, the price is finally accepted by the auctioneer (after determination of any dispute that may exist). HUDDY’S ONLINE AUCTION is not a party to the contract of sale and shall not be liable for any breach of that contract by either the seller or the buyer.
2.5 PAYMENT AND COLLECTION
2.5.1 A buyer’s premium, calculated at the applicable current rate of the hammer price, shall be payable by the buyer to HUDDY’S ONLINE AUCTION in respect of the sale of each lot. The buyer acknowledges that HUDDY’S ONLINE AUCTION, when acting as agent for the seller of any lot, may also receive a seller’s commission and/or other fees for or in respect of that lot.
2.5.2 The buyer shall pay HUDDY’S ONLINE AUCTION the purchase price immediately after a lot is sold and shall provide HUDDY’S ONLINE AUCTION with details of his name and address and, if so requested, proof of identity and any other information that HUDDY’S ONLINE AUCTION may require.
2.5.3 Unless otherwise agreed in advance, the buyer shall make full payment of all amounts due by the buyer to HUDDY’S ONLINE AUCTION on the date of sale (or on such other date as HUDDY’S ONLINE AUCTION and the buyer may agree upon in writing) in cash, or electronic funds transfer, or such other payment method as HUDDY’S ONLINE AUCTION may be willing to accept.
2.5.4 Ownership in a lot shall not pass to the buyer thereof until HUDDY’S ONLINE AUCTION has received settlement of the full purchase price of that lot in cleared funds, HUDDY’S ONLINE AUCTION shall not release a lot to the buyer prior to full payment thereof.
2.5.5 The refusal of any approval, license, consent, permit or clearance as required by law shall not affect the buyer’s obligation to pay for the lot.
2.5.6 The buyer shall be and remain responsible for any removal, storage, or other charges for any lot and must at his own expense ensure that the lot purchased is removed immediately after the auction but not until payment of the total amount due to HUDDY’S ONLINE AUCTION. All risk of loss or damage to the purchased lot shall be borne by the buyer from the moment when the buyer’s bid is accepted by HUDDY’S ONLINE AUCTION in the manner referred to above. Neither HUDDY’S ONLINE AUCTION nor its servants or agents shall accordingly be responsible for any loss or damage of any kind, whether caused by negligence or otherwise, from date of the sale of the lot, whilst the lot is in their possession or control.
2.5.7 All packaging and handling of lots is at the buyer’s risk and expense, will have to be attended to by the buyer, and HUDDY’S ONLINE AUCTION shall not be liable for any acts or omissions of any packers or shippers.
2.5.8 If the sale of any lot is rescinded, set aside or cancelled by an action of the buyer, and HUDDY’S ONLINE AUCTION has accounted to the seller for the sale proceeds, the seller shall immediately refund the full sale proceeds to HUDDY’S ONLINE AUCTION, who will in turn refund the purchase price to the buyer.
2.6 REMEDIES FOR NON PAYMENT OR FAILURE TO COLLECT
Without prejudice to any rights that the seller may have if any lot is not paid for in full or removed in accordance with the conditions of 2.5 above, or if there is any other breach of these general conditions of business by the buyer, HUDDY’S ONLINE AUCTION as agent of the seller shall, at its absolute discretion and without limiting any other rights or remedies that may be available to it or the seller hereunder or at law, be entitled to exercise one or more of the following remedies:
2.6.1 To remove, store and insure the lot at its premises or elsewhere and at the buyer’s sole risk and expense;
2.6.2 To rescind the sale of that or any other lots sold to the buyer at the same or any other auction;
2.6.3 To reject future bids and offers on any lot from the buyer;
2.6.4 To proceed against the buyer for damages;
2.6.5 to resell the lot or cause it to be resold by public auction or private treaty, with estimates and reserves at HUDDY’S ONLINE AUCTION’S sole discretion, in which event the buyer shall be liable for any shortfall between the original purchase price and the amount received on the resale of the lot, including expenses incurred by HUDDY’S ONLINE AUCTION and the seller in such resale;
2.6.6 To retain that or any other lots sold to the buyer at the same time or at any other auction and to release such lots only after payment of the total amount due;
2.6.7 To disclose the buyer’s details to the seller to enable the seller to commence legal proceedings;
2.6.8 To commence legal proceedings;
2.6.9 To charge interest at a rate not exceeding the prime rate plus 3% per month on the total amount due to the extent that it remains unpaid after the date of the auction.
3. SELLERS CONDITIONS
3.1 HUDDY’S ONLINE AUCTION POWERS
3.1.1 The seller irrevocably instructs HUDDY’S ONLINE AUCTION to offer for sale at an auction all objects submitted for sale by the seller and received an accepted by HUDDY’S ONLINE AUCTION and to sell the same to the relevant buyer of the lot of which those objects form part, provided that the bid or offer accepted from that buyer is equal to or higher than the reserve (if any) on that lot (subject always to 3.1.3) all on the basis set out in these general conditions of business. The seller further irrevocably permits HUDDY’S ONLINE AUCTION to bid for
any lot of which any of those objects form part as agent for one or more intending buyers.
3.1.2 HUDDY’S ONLINE AUCTION are authorized to retain any objects not sold on auction for a period of seven days after the auction for the possible sale of such objects by HUDDY’S ONLINE AUCTION by way of private treaty or otherwise pursuant to 3.1.3.
3.1.3 The seller further irrevocably authorizes HUDDY’S ONLINE AUCTION to offer for sale whether by private treaty or otherwise, any without any further instruction or notification to the seller, within seven days (or time to be agreed upon) after the auction, all or any remaining objects submitted for sale by the seller and received and accepted by HUDDY’S ONLINE AUCTION in accordance with 3.1.1, which objects were not sold on auction, provided that the bid or offer accepted from that buyer is equal to or higher than the amount that the seller would have received had that lot been sold on auction at the reserve on that lot taking into account the deduction of the applicable seller’s commission and recoverable expenses for which the seller is liable.
3.1.4 HUDDY’S ONLINE AUCTION and the auctioneer each has the right, at his absolute discretion, to offer an object referred to above for sale under a lot, to refuse any bid or offer, to divide any lot, to combine two or more lots, to withdraw any lot from an auction, to determine the description of lots (whether in any catalogue or otherwise), to store accepted objects at the auction premises or any other location as he may deem fit and whether or not to seek the opinion of experts.
3.1.5 HUDDY’S ONLINE AUCTION shall not be under any obligation to disclose the name of the buyer to the seller.
3.2 ESTIMATED SELLING RANGE AND DESCRIPTIONS
3.2.1 Any estimated selling range provided by HUDDY’S ONLINE AUCTION to the seller is a mere statement of opinion and should not be relied upon as a true reflection of the hammer price which a lot may achieve at an auction. HUDDY’S ONLINE AUCTION reserves the right to revise the estimated selling range at any time.
3.2.2 The seller acknowledges that HUDDY’S ONLINE AUCTION is entitled to rely on the accuracy of the description of a lot as provided by or on behalf of the seller.
3.2.3 HUDDY’S ONLINE AUCTION shall not be liable for any error, misstatement or omission in the description of a lot (whether in any catalogue or otherwise), unless HUDDY’S ONLINE AUCTION, its employees or agents, engaged in intentional misleading or deceptive conduct.
3.3 WARRANTIES OF THE SELLER
3.3.1 The seller warrants to HUDDY’S ONLINE AUCTION and the buyer that:
3.3.1.1 he is the true owner of all objects submitted for sale and/or is properly authorized by the true owner to do so, and that he is able to transfer good and marketable title to all such objects, free form any encumbrances and other third party claims, to the buyer of the lot of which those objects form part;
3.3.1.2 He has complied with all requirements, legal or otherwise, in relation to any export or import of the lot, if applicable, and has notified HUDDY’S ONLINE AUCTION in writing of any failure by third parties to comply with such requirements in the past;
3.3.1.3 The lot and any written provenance given by the seller are authentic;
3.3.1.4 The lot is fit for its purposes and safe if used for the purpose for which it was designed and is free from any defect not obvious on external inspection;
3.3.1.5 To the extent that the seller required any approval, license, consent, permit or clearance by law to be in possession of any lot or for the sale of any lot, he is in possession of a valid approval, license, consent, permit and clearance.
3.3.2 Notwithstanding any other provision of these general conditions of business, none of the seller, HUDDY’S ONLINE AUCTION, its servants or agents is responsible for errors of description or for the authenticity of any lot, and no warranty whatever is given by HUDDY’S ONLINE AUCTION, its servants or agents, or any seller to any buyer in respect of any lot (save insofar as the seller is concerned as set out in 3.3.1), and all express or implied conditions or warranties are hereby excluded.
3.3.3 The seller of any object forming part of a lot not held by HUDDY’S ONLINE AUCTION at the auction premises warrants and undertakes to HUDDY’S ONLINE AUCTION and the buyer that the relevant object will be available and in a deliverable state on demand to the buyer.
3.3.4 The seller agrees to indemnify and keep indemnified HUDDY’S ONLINE AUCTION and the buyer against any loss or damage suffered by either in consequence of any breach of any warranty in there general conditions of business.
3.4 COMMISSIONS AND EXPENSES
3.4.1 Sellers commission of 15%, shall be payable by the seller to HUDDY’S ONLINE AUCTION in respect of the sale of each lot comprising one or more objects submitted by the seller for sale. The seller acknowledges that HUDDY’S ONLINE AUCTION may also receive a buyer’s premium and other fees for or in respect of that lot. Without derogating from the seller’s obligation to pay the seller’s commission and any recoverable expenses for which the seller is liable, the seller irrevocably authorizes
HUDDY’S ONLINE AUCTION to deduct from the hammer price of any lot the seller’s commission and all such recoverable expenses for which the seller is liable.
3.4.2 HUDDY’S ONLINE AUCTION may deduct and retain the seller’s commission and the recoverable expenses for which the seller is liable from the amount paid by the buyer for the lot as soon as the purchase price, or part of it, is received and prior to the sale proceeds being paid to the seller.
3.5 THE RESERVE
3.5.1 All lots will be sold without reserve or minimum price unless a reserve has been placed on a lot, in which event such lot will be offered for sale subject to the reserve. A reserve shall only be placed on a lot if agreed in writing between the seller and HUDDY’S ONLINE AUCTION prior to the auction. A reserve, once placed on a lot, may not be changed by the seller without the prior written consent ofHUDDY’S ONLINE AUCTION . Should HUDDY’S ONLINE AUCTION consent to an increase of the reserve on a lot, HUDDY’S ONLINE AUCTION reserve the right to
charge the seller an additional fee as the object may not be sold on auction as a result of the increased reserve.
3.5.2 Where a reserve has been placed on a lot, only the auctioneer may bid on behalf of the seller.
3.5.3 Where a reserve has been placed on a lot and the auctioneer is of the opinion that the seller or any person acting as agent of the seller may have bid on the lot, the auctioneer may knock down the lot to the seller without observing the reserve and the seller shall pay to HUDDY’S ONLINE AUCTION the buyer’s premium and all expense for which the buyer is liable in addition to the seller’s commission and all expenses for which the seller is liable.
3.5.4 Should no reserve have been placed on a lot, HUDDY’S ONLINE AUCTION shall not be liable if the purchase price of the lot is less than the estimate selling range.
3.6 PAYMENTS FOR THE PROCEEDS OF SALE
3.6.1 HUDDY’S ONLINE AUCTION shall only be liable to remit the sale proceeds of a lot to the seller thereof on the later of thirty days after the date of the sale of that lot or seven days after the date on which the full purchase price for that lot has been received by HUDDY’S ONLINE AUCTION in cleared funds.
3.6.2 If the buyer of a lot fails to pay the total amount due to HUDDY’S ONLINE AUCTION within twenty one days after the date of sale of that lot, HUDDY’S ONLINE AUCTION shall give notice of this to the seller of that lot and shall request the seller’s written instructions as to the appropriate course of action to be followed. Should HUDDY’S ONLINE AUCTION deem it so appropriate, HUDDY’S ONLINE AUCTION will assist the seller to recover the total amount due from the buyer. Should no written instructions be forthcoming from the seller within seven
days after the request, the seller hereby authorizes HUDDY’S ONLINE AUCTION , at HUDDY’S ONLINE AUCTION absolute discretions but at the seller’s expense:
3.6.2.1 To agree terms for payment of the total outstanding amount;
3.6.2.2 To remove, store and insure the lot sold;
3.6.2.3 To settle any claim by or against the buyer on such terms as HUDDY’S ONLINE AUCTION in their absolute discretion deem fit;
3.6.2.4 To take such steps as HUDDY’S ONLINE AUCTION in their absolute discretion consider necessary to collect monies due to the seller from the buyer;
3.6.2.5 If necessary, to rescind the sale and refund any monies to the buyer;
3.6.3 Should HUDDY’S ONLINE AUCTION pay an amount equal to the sale proceeds to the seller before having received full payment of the purchase price from the buyer, ownership of the lot shall pass to HUDDY’S ONLINE AUCTION.
3.6.4 If the sale of any lot is rescinded, set aside or cancelled by an action of the buyer, and HUDDY’S ONLINE AUCTION has accounted to the seller for the sale proceeds, the seller shall immediately refund the full sale proceeds to HUDDY’S ONLINE AUCTION , who will in turn refund the purchase price to the buyer and make the lot available to the seller for collection. Any annulment, rescission, cancellation or nullification of the sale shall not affect the seller’s obligation to pay the commission to HUDDY’S ONLINE AUCTION and/or to reimburse any expenses incurred by HUDDY’S ONLINE AUCTION.
3.7 WITHDRAWAL FEES
3.7.1 A seller may only withdraw a lot from being offered for sale by written notification to HUDDY’S ONLINE AUCTION.
3.7.2 Upon receipt of proper notification of withdrawal as envisaged above, HUDDY’S ONLINE AUCTION reserves the right to charge the full seller’s commission and buyer’s premium to the seller as a withdrawal fee, both calculated on the latest middle estimate of the selling price of the property withdrawn, together with VAT and all expenses incurred in relation to the property.
3.7.3 If a lot is withdrawn, the seller shall arrange for the collection and removal of the lot at the seller’s expense within three days after date of the withdrawal, provided the seller has paid the recoverable expenses and applicable withdrawal fee to HUDDY’S ONLINE AUCTION.
3.8 PHOTOGRAPHY AND ILLUSTRATION
HUDDY’S ONLINE AUCTION shall have the full and absolute right to illustrate, photograph or otherwise reproduce images of any lot submitted by the seller for sale, whether or not in conjunction with the sale, and to use such photographs and illustrations at any time and in their sole and absolute discretion. The copyright of all photographs taken and illustrations made of any lot by HUDDY’S ONLINE AUCTION shall be the sole and absolute property of HUDDY’S ONLINE AUCTION and HUDDY’S ONLINE AUCTION undertake to abide by all copyright applicable to any and all lots submitted for sale.
3.9 UNSOLD LOTS
3.9.1 HUDDY’S ONLINE AUCTION are authorized to retain any objects not sold on auction for a period of seven days after the auction and may proceed to sell any such unsold lot during this period, be it by way of private treaty or otherwise, without any further instruction or notification to the sell in terms of 3.1.
3.9.2 Where any lot remains unsold, HUDDY’S ONLINE AUCTION shall notify the seller accordingly and the seller shall collect the lot at the seller’s expense within seven days after the dispatch by HUDDY’S ONLINE AUCTION of a notice to the effect that the lot has not been sold.
3.9.3 In these circumstances, the seller must make arrangements either to re-offer the lot for sale or to collect and pay all recoverable expenses and other amounts for which the seller is liable.
3.9.4 Should the seller fail to collect the lot within seven days of notification, the seller shall in addition be responsible for all removal, storage and insurance expenses.
3.9.5 Should the seller fail to collect the lot within three months of date of the notification referred to above, HUDDY’S ONLINE AUCTION shall be authorized to sell the lot by private treaty or public auction, on such terms and conditions as they think fit, without reserve and to deduct from the hammer price all sums owing to HUDDY’S ONLINE AUCTION , including (without limitation) storage, removal, insurance expenses, the expenses of both auctions, reduced commission in respect of the auction as well as commission on the sale and all other reasonable expenses, prior to remitting the balance to the seller or, in the event he cannot be located, placing it into a bank account in the name of HUDDY’S ONLINE AUCTION for and on behalf of the seller.
3.9.6 HUDDY’S ONLINE AUCTION reserves the right to charge commission in accordance with the current rates on the bought in price and expenses in respect of any unsold lots.
10.1 CITES PERMITS, IMPORT, EXPORT, COPYRIGHT RESTRICTIONS & LICENCES
HUDDY’S ONLINE AUCTION suggests that buyers check with their own government regarding import requirements prior to placing a bid. It is the Buyer’s sole responsibility to identify and obtain any necessary export, import, or other permit for the lot.
1.All handling, transport and storage of goods are at your own risk. Insurance to be paid and organized by the buyer.
2.No goods to be removed from the premises unless they are paid for in full and detailed on a HUDDY’S ONLINE AUCTION invoice.
3.HUDDY’S ONLINE AUCTION does not guarantee any goods whatsoever sold on auction.
4.HUDDY’S ONLINE AUCTION has the right to regulate the bidding and to withdraw any item at any time.
5.A bid falling upon you is legally binding. Should you not pay within 48 hours, you are in default.
6.HUDDY’S ONLINE AUCTION is not responsible for any goods on display during the auction.
7.Proof of identification and address to be produced for all transactions.
8.Removal of items no later than 5 days after auction.
9.The onus is on you to check on our website if the T&C have changed.
10.By registering for our auction, you have agreed to our terms & conditions.