Conditions of Sale
The buyer
1. The highest bidder shall be the buyer at the `hammer price' and any dispute shall be settled at the auctioneer's absolute discretion.
Payment
2. Immediately a lot is sold the buyer shall:
(a) Give to the auctioneer's clerk his name and address and, if so requested, proof of identity; and
(b) pay to the Cape Town Miniature Guild the `total amount due' (unless credit terms have been agreed before the auction).
Collection of purchases
3 The ownership of the lot purchased shall not pass to the buyer until he has made payment in full of the `total amount due'.
Buyer's responsibilities for lots purchased
4 The buyer will be responsible for loss or damage to lots purchased from the time of acceptance of the final bid and neither the Cape Town Miniature Guild nor its servants or agents shall thereafter be responsible for any loss or damage of any kind, whether caused by negligence or otherwise, while any lot is in its custody or under its control.
Liability of Cape Town Miniature Guild
(a) All goods are sold with all faults and imperfections and errors of description. Illustrations in catalogues are for identification only. Buyers should satisfy themselves prior to sale as to the condition of each lot and should exercise and rely on their own judgement as to whether the lot accords with its description or not. Subject to the obligations accepted by the Cape Town Miniature Guild under this condition, none of the seller, the Cape Town Miniature Guild, its servants or agents is responsible for errors of descriptions or for the genuineness or authenticity of any lot, no warranty whatever is given by the Cape Town Miniature Guild, its servants or agents, or any seller to any buyer in respect of any lot, and any express or implied conditions or warranties are hereby excluded.
(b) Goods are attributed to information supplied by the seller and the Cape Town Miniature Guild can accept no responsibility for any errors or misattribution about the origins of any lot.
Warranty of title and availability
(a) The seller warrants to the Cape Town Miniature Guild and to the buyers that he is the true owner of the property or is properly authorised to sell the property by the true owner and is able to transfer good and marketable title to the property free from any third party claims.
(b) The seller will indemnify the Cape Town Miniature Guild, its servants and agents and the buyer against any loss or damage suffered by either in consequence of any breach of (a) above on the part of the seller.
Reserves
7 The seller shall be entitled to place prior to the auction a reserve on any lot, being the minimum `hammer price' at which that lot may be treated as sold. A reserve once placed by the seller shall not be changed without the consent of the Cape Town Miniature Guild. The Cape Town Miniature Guild may, at their discretion, sell at a `hammer price' below the reserve but in any such cases the sale proceeds to which the seller is entitled shall be the same as they would have been had the sale been at the reserve. Where a reserve has been placed, only the auctioneer may bid on behalf of the seller. Where no reserve has been placed, the seller may bid either personally or through the agency of any one person.
Authority to deduct commission and expenses
8 The Seller authorises the Cape Town Miniature Guild to deduct from the `hammer price' 15% donation.
Rescission of the sale
9 If before the Cape Town Miniature Guild remits the `sale proceeds' to the seller, the buyer makes a claim to rescind the sale and the Cape Town Miniature Guild is of the opinion that the claim is justified the Cape Town Miniature Guild is authorised to rescind the sale and refund to the buyer any amount paid to the Cape Town Miniature Guild in respect of the lot.
Payment of sale proceeds
10 The Cape Town Miniature Guild shall remit the `sale proceeds' to the seller not later than one month after the auction, but if by that date the Cape Town Miniature Guild has not received the `total amount due' from the buyer then the Cape Town Miniature Guild will remit the `sale proceeds' within five working days after the date on which the `total amount due' is received from the buyer.
11 If the buyer fails to pay the Cape Town Miniature Guild the `total amount due' within 3 weeks after the auction, the Cape Town Miniature Guild will endeavour to notify the seller and take the seller's instructions as to the appropriate course of action and, so far as in the Cape Town Miniature Guild's opinion is practicable, will assist the seller to recover the `total amount due' from the buyer. If circumstances do not permit the Cape Town Miniature Guild to take instructions from the seller, the seller authorises the Cape Town Miniature Guild at the seller's expense to agree special terms for payment of the `total amount due', to remove, store and insure the lot sold, to settle claims made by or against the buyer on such terms as the Cape Town Miniature Guild shall in its absolute discretion think fit, to take such steps as are necessary to collect monies due by the buyer to the seller and if necessary to rescind the scale and refund money to the buyer.
12 If, notwithstanding that the buyer fails to pay to the Cape Town Miniature Guild the `total amount due' within three weeks after the auction, the Cape Town Miniature Guild remits the `sale proceeds' to the seller, the ownership of the lot shall pass to the Cape Town Miniature Guild.
Charges for withdrawn lots
13 Where a seller cancels instructions for sale the Cape Town Miniature Guild reserves the right to charge expenses incurred, if any.
Rights to photographs and illustrations
14 The seller gives the Cape Town Miniature Guild full and absolute right to photograph and illustrate any lot placed in its hands for sale and to use such photographs and illustrations and any photographs and illustrations provided by the seller at any time at its absolute discretion (whether or not in connection with the auction)
Unsold lots
15 Where any lot fails to sell the Cape Town Miniature Guild shall notify the seller accordingly. The seller shall make arrangements to collect the lot.
General conditions and definitions
17 Any representation or statement by the Cape Town Miniature Guild, in any catalogue as to authorship, attribution, genuineness, origin, age, provenance, condition or estimated selling price is a statement of opinion only. Every person interested should exercise and rely on his own judgement as to such matters and neither the Cape Town Miniature Guild nor its servants or agents is responsible for the correctness of such opinions.
18 While the interests of prospective buyers are best served by attendance at the auction the Cape Town Miniature Guild will, if so instructed, execute bids on their behalf neither the Cape Town Miniature Guild nor its servants or agents being responsible for any neglect or default in doing so or for failing to do so.
19 The Cape Town Miniature Guild shall have the right, at its discretion, to refuse admission to its premises or attendance at its auctions by any person.
20 The Cape Town Miniature Guild has absolute discretion without giving any reason to refuse any bid, to divide any lot, to combine any two or more lots, to withdraw any lot from the auction and in case of dispute to put up any lot for auction again.
21 Every auction and all matters concerned therewith including these conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa and the buyer submits to the non-exclusive jurisdiction of the South African Courts.
In these conditions:
22 (a) `catalogue' includes any advertisement, brochure, estimate, price list and other publications;
(b) `hammer price' means the price at which a lot is knocked down by the auctioneer to the buyer;
(c) `total amount due' means the `hammer price' in respect of the lot sold together with any sales tax chargeable and additional charges and expenses due from a defaulting buyer in S.A. Rands;
(d) `sale proceeds' means the net amount due to the seller being the `hammer price' of the lot sold less 15% donation to the Cape Town Miniature Guild and any other amounts due to the Cape Town Miniature Guild by the seller in whatever capacity and howsoever arising.
