CONDITIONS OF SALE

1. The conditions of sale set out below, as well as any announcements made by the auctioneers at the commencement and during the sale, shall be binding on all Sellers and Purchasers.
   
2. Subject to the Sellers reserve, if any, the lot shall be knocked down to the highest bidder, who shall become the Purchaser (also referred to as the buyer). In the event that any dispute shall arise between the bidders in regard to any lot, that lot shall, at the discretion of the Auctioneers, be put up again and resold. The Auctioneers reserve the right to regulate the bidding, to refuse the bid of any person, and to vary the order of sale.
3. All items are sold for cash payable to the auctioneers at the conclusion of the sale.
   
4. Buyer’s cards will be issued upon receipt of a SURETY DEPOSIT, the value of which might vary from sale to sale and will be determined by the Auctioneers. In this instance the deposit is USD XXXX
5. No goods may be removed until they have been paid for in full.
6. All bids are exclusive of VAT (Should it apply) and auctioneers fees and commissions.
7. All sales are final and voetstoets, which means that you accept the state or condition that the item or goods are in.
8. The purchaser shall not be entitled to possession of any of the goods until the total purchase price of all his / her purchases has been fully paid in cash. In the event of the purchaser failing to pay the full purchase price of any lot within the prescribed time or fails to comply with any other terms of sale, the auctioneers shall retain a possession lien on all the lots of the purchaser and have the right to resell such lots for and on behalf of the purchaser by public auction or private treaty without the notice of any kind to the purchaser. Should the auctioneer resell any lots, the proceeds therefrom (after deducting commission, and costs) shall be credited to the original purchasers account and the original purchasers shall forthwith on demand, pay to the auctioneers, as damages any deficiency arising from the resale. The auctioneers act merely as agents for and on behalf of the seller and no lawsuits or claims whatsoever can be made against them. In the event of the seller or the auctioneers personally or on behalf of the seller instituting legal proceedings against the purchaser, the following shall apply:
9. Such proceedings may be at the election of the seller or the auctioneer and will be instituted in a magistrate’s court having jurisdiction over the person of the purchaser.
10. The seller or the auctioneer as the case may be shall be entitled to claim payment of the legal costs from the purchaser on an attorney and client basis
11. The purchaser shall be deemed to have selected and appointed as his domicilium citandi et executandi the address inserted by him / her on the buyers card signed by him / her
12. A certificate issued under the hand of the auctioneer setting forth the purchasers indebtedness in respect of the sale shall constitute conclusive proof of such indebtedness by the purchaser and shall further constitute a liquid document for the purpose of provisional sentence, summary judgement or otherwise. The purchaser should he / she be the successful bidder on any lots in a representative capacity, hereby binds himself/herself as surety and co-principal debtor for all obligations of the concern that he/she represents.
13. Any bona fide error of any kind whatsoever made by the auctioneers in conducting the sale shall not bind the auctioneers or the seller.
14. The Auctioneers accept no liability whatsoever for any statements or descriptions relating to the animals or other merchandise which may appear in the catalogue, advertisement or other merchandise which may appear in the catalogue, advertisement or other notice publication. The Seller, who will supply the details as to pedigree, ages, dates of service and other particulars in the case of animals or relevant information in the case of other merchandise, is alone responsible for ensuring that the correct descriptions are given and that the correct animals or other merchandise offered for sale is produced under its particular lot number.
15. The auctioneers shall not be responsible for any damage caused by or to any lot whilst it is under the supervision or control of them or their servants.
16. Any undertaking by the auctioneers or their servants to take charge of any lots before or after the sale, or to forward them to their destination shall be deemed to have been made purely for the convenience of the purchaser and without any obligation of whatsoever nature on the part of the auctioneer.
17. The entries made in the auctioneers roll book shall be conclusive evidence of the facts therein stated and shall be binding upon the Seller and the Purchaser.
18. The sellers and purchasers acknowledge that they shall pay the auctioneers commission as laid down and hereby authorize the auctioneers to deduct from the sale proceeds, or add to the buyer’s invoice, any amounts of commission due.
19. No variation of these conditions of sale shall be of any force and effect unless reduced to writing and signed by the persons who are party to the sale.
20. The conditions of sale contained herein shall apply to all sales whether those effected at the auction or at any other time by the auctioneers.