1.1 About SAAUCTIONSCARS
1.1.1 Saauctions Remarketing is responsible for the contents and the operation of Saauctionscars. The domain is owned by South African Online Auctions. Saauctionscars functions exclusively as an auctioneer by making the Saauctionscars car auction available to buyers and sellers. Saauctionscars is never party to an agreement regarding the purchase or sale of a car.
1.1.2 Once a sale agreement has been established via the Saauctionscars car auction, the agreement is binding for both buyer and seller and all information will be send from via Saauctionscars website to the buyer and the seller. The buyer is obligated to pay the agreed amount and the seller is obligated to supply the agreed vehicle in the condition described.
1.1.3 Once an agreement has been established via Saauctionscars car auction or customer centre, the seller must pay Saauctionscars the listing fee applicable at the time the agreement was made, in accordance with Saauctionscars price list. Any communications or information sent from or to Saauctionscars will be done by email on the address info@saauctions.co.za , all registered users will receive monthly news letters from Saauctionscars to update them with the latest auction news ( they also have the option to unsubscribe from the news letter)1.2 User categories and rights
1.2.1 All types of companies and private individuals can register as "users" of the Saauctionscars car auction. The different types of users are subject to different rights and obligations.
1.2.2 Saauctionscars reserves the right to deny access to users without further explanation or to make approval of a user subject to special conditions.
1.2.3 Saauctionscars will load all auctions for individual users and only approved company’s and dealers by Saauctionscars will load their own auctions on the website.
1.2.4 Saauctionscars is entitled to cancel a user account at any time with immediate effect. Should a user account be cancelled, this will not impact on any sale agreements already established at Saauctionscars, and the user will continue to be bound by any cars already registered or bids entered. This will be the case unless Saauctionscars decides otherwise.
1.2.5 All users choose a username and password. These are strictly confidential and must not be passed on to others. Should the user become suspicious that someone else has become aware of their password, they must immediately inform Saauctionscars, who will block any further access to the account to prevent misuse of the system in the user's name. The user will then receive a new password. The user is always liable in the event that their username and password are misused.
1.3 Car registration
1.3.1 All registered users can put cars that have been registered for the first time within the last 12 calendar years on the auction. Cars that are not registered must have been manufactured within the same time period.
1.4 Car description
1.4.1 The car must always be described correctly and exhaustively in relation to the current description procedure completed during registration. None of the required pieces of information may be omitted during the description. All faults, defects and modifications to the car must be described.
1.4.2 Once a car has been registered, the description of the car is binding on the seller, who is obligated to supply a car that fulfils the description. It is not possible to change the description during a running auction. Should the seller discover that the car description is incorrect, they must contact Saauctionscars immediately.
1.4.3 Saauctionscars is entitled to demand further information and documentation regarding a car and its description.
1.4.4 The seller is responsible for ensuring that the information entered during the description process is correct and complete. Saauctionscars has no responsibility for the car description.
1.4.5 The seller is required to have investigated the following items, which must be unconditionally reported in the description:
• Whether there are other rights attached to the car, including ownership, reservation, seizure, purchase options or pre-emptive rights.
• Whether there are any other factors that limit or restrict the sale of the car in a free and unencumbered state.
• Whether any entitlements have been registered on the car in the police register. The seller is responsible for ensuring that these entitlements can always be redeemed/cancelled at the time the car is handed over or before.
1.4.6 Users are not permitted to register cars on behalf of others. The private seller must always be the registered owner of the car unless the owner has provided written authorization. In the case of companies, employees authorized by the company may also register company cars.
1.5 Reserve price
1.5.1 The seller sets his own reserve price. If Saauctionscars manages in any way to procure a buyer willing to pay the reserve price or above for the registered car as described, the seller is obligated to sell. This is also the case if the seller accepts a lower bid by agreement with Saauctionscars.
1.5.2 Saauctionscars reserves the right to refrain from approving any car without notice, or subsequently remove the car from the auction if Saauctionscars believes the reserve price entered is too high. Where the reserve price is too high, Saauctionscars will recommend a new reserve price.
1.6 The auction procedure
1.6.1 Saauctionscars manages the start and close of the auction in all cases.
1.6.2 Saauctionscars reserves the right to cancel or change scheduled auctions without notice.
1.6.3 Saauctionscars is entitled to cancel an auction at any time without providing an explanation, and without constituting a basis for monetary claims against Saauctionscars. Such cancellations may take place both before and during the auction. Completed auctions cannot be cancelled.
1.7 Auction extra option
1.7.1 Saauctionscars offer also the Buy Now option if the buyer want to buy the car now and do not want to wait the auction period out, only in this instance the car can be sold before the auction period expires.
1.7.2 It is in the sellers own discretion to include the buy now option into the auction period and Saauctionscars will not be liable for any damages or cost implications of whatsoever regarding the buy now option.
1.8 Bidding regulations
1.8.1 Bids entered are binding on the bidding party. Saauctionscars determines the bid increments when you place your bid and is electronically programmed into the system see (Bid Increments) If the bid is less than the seller's reserve price, the bid is immediately registered but the seller is not obligated to sell his car if the auction period expired. If the bid is equal or above the reserve price, the reserve price is immediately registered and once the auction period is expired the amount equal or above the reserve price will be the highest bid.
1.8.2 Bid Increments
Low end of increment bracket High end Bid increment
R0.01 to R10 000.00 R500.00
R10 000.01 to R20 000.00 R1000.00
R20 000.01 to R35 000.00 R1500.00
R35 000.01 to R50 000.00 R2000.00
R50 000.01 to R70 000.00 R2500.00
R70 000.01 to R100 000.00 R3000.00
R100 000.01 to R140 000.00 R4000.00
R140 000.01 to R200 000.00 R5000.00
R200 000.01 to R250 000.00 R7500.00
R250 000.01 to R350 000.00 R10 000.00
R350 000.01 to R450 000.00 R15 000.00
R450 000.01 to R600 000.00 R20 000.00
R600 000.01 to and up R30 000.00
1.8.3 If a bid higher than the bid entered has already been made, the bid entered will be immediately outbid.
1.8.4 Bids cannot be reduced or cancelled once they have been made.
1.8.5 All bids entered are recorded and may be stored by Saauctionscars for as long as Saauctionscars wishes.
1.8.6 If there are any matters of dispute in relation to a bid, these will be finally decided with binding effect by Saauctionscars
1.8.7 Once a bid has been entered on a car which is equal to or above the seller's reserve price, a binding agreement exists between the seller and the highest bidder, and both parties are obligated to complete the sale transaction. Thus the seller is obligated to supply the car in the condition described to the highest bidder, and the highest bidder is obligated to accept and pay for the car. This is also the case if an agreement is arranged through the Saauctionscars customer centre or by Saauctionscars in any other way.
1.9 Listing Fees
1.9.1 The seller must pay a listing fee to Saauctionscars for every car that being placed on auction as set out by Saauctionscars. The seller is obligation to pay the listing fee applies whether or not the parties subsequently complete the sale, and regardless of the cause should they fail to do so. Note that the obligation to pay the listing fee also applies even if the sale is not completed due to a breach by one of the parties, as any such breach or alleged breach is purely a matter between the buyer and the seller.
1.9.2 The listing fees and payment terms that apply at any given time are listed on Saauctionscars Prices and listing fees page. The auction listing fee is independent of the sum of the bid and is to be paid directly to Saauctionscars,
1.9.3 Saauctionscars can increase the listing fee tariff in his own discretion without any fixed time frame.
1.9.4 Saauctionscars claim for payment of auction listing fees and other claims must be paid effectively and cannot be nullified by setting off, nor can a right of retention be exercised in amounts payable to Saauctionscars.
1.9.5 The auction listing fees is due for cash or electronic transfer payment no later than thirty days after the date of invoice for approved company’s or dealers by Saauctionscars or otherwise stated only up front payment will be accepted before the auction will be placed on Saauctionscars website .Overdue payments will be subject to interest charge of 10% per month on the amount overdue.
1.10 SAAUCTIONSCARS intangible rights
1.10.1 All rights relating to the auction system, including all terms, conditions, descriptions, data, procedures and know how rest with Saauctionscars alone. All copyrights, trademarks and all other intangible rights to and relating to the auction system and Saauctionscars, rest with Saauctionscars alone.
1.10.2 Any form of copying, replication or other kind of imitation is forbidden.
1.10.3 Users may only use the auction system for correct and lawful participation in the Saauctionscars car auction. Any violation can be expected to lead to liability and legal prosecution.
1.11 Exemption of liability
1.11.1 Saauctionscars is only the auction host and as such is never party to a car sale agreement entered into during the auction. Thus it is exclusively the buyer and seller who are the parties in the sales transactions agreed to. Saauctionscars has no liability, in any respect, for the car sales transactions, including the behaviour of the buyer and seller. This applies particularly, but is not limited to, the seller's information about the car, whether the seller can/will sell and hand over the car, whether the buyer can/will pay for and accept the car, whether the seller is the owner of the car, whether any third party has a hire purchase, seizure, ownership reservation, pre-emptive right, purchase option or other entitlement relating to a car.
1.11.2 Saauctionscars will not be liable for interruptions to service and faults that have arisen as a direct or indirect consequence of communication errors, data-entry errors, or breakdowns/interruptions to service on the Internet, the auction system servers, hardware or software.
1.11.3 Saauctionscars will not be liable under any circumstances for consequential damages and indirect losses, including lost profits, income, business opportunities and loss of data, information, etc. Saauctionscars will also not be liable under any circumstances in the event of force majeure, including factors which Saauctionscars has no influence over.
1.12 Handling of personal information
1.12.1 All information about the users which users provide to Saauctionscars will be treated confidentially and will not be passed on to third parties, except to the extent this is necessary in order to complete a sale transaction. However, Saauctionscars reserves the right to pass on information where this is required by legislation, government authorities or the courts. Thus Saauctionscars will only use the information for internal purposes within Saauctionscars and any affiliated companies. However, Saauctionscars also reserves the right to use the information in anonymised form, for example in connection with marketing, user surveys, guidelines, etc.
1.13 Choice of law and court of jurisdiction
1.13.1 The relationship between Saauctionscars and the users is subject to South African law.
1.13.2 The court of jurisdiction for legal proceedings between Saauctionscars and the users shall be the Court in Cape Town. However, this does not limit Saauctionscars right to bring enforcement proceedings before other courts. Saauctionscars is also always entitled to choose to bring legal proceedings against a user.
1.14 Printing and typing errors
1.14.1 Saauctionscars accepts no liability for printing and typing errors.
2 The relationship between the buyer and seller
2.1 Introduction – Saauctionscars is never party to a sale transaction
2.1.1 This section lays down the conditions which apply to buyers and sellers at the Saauctionscars car auction. For the legal relationship between Saauctionscars and the users, please refer to section 1. Relationship between Saauctionscars and the site users.
2.1.2 Saauctionscars is never party to an agreement regarding the purchase or sale of a car. Saauctionscars role is exclusively to make the auction system available to buyers and sellers. The agreement relationship relating to a car being sold is therefore exclusively a matter between the buyer and seller. Disputes between the buyer and seller must be resolved between these two parties. Saauctionscars right to receive listin fees is not affected by the parties' failure to complete a sale transaction. This is the case regardless of the reason for the failure. Saauctionscars can never be made liable for breaches of an agreement by one or both parties.
2.1.3 The terms between the buyer and seller in the Terms and Conditions only apply where the parties have not entered into another agreement. For example, the parties may freely choose an alternative delivery time, delivery location, and payment date or payment method. If an alternative agreement cannot be reached, the buyer and seller must observe Saauctionscars Terms and Conditions.
2.2 When an agreement has been entered into
2.2.1 Once a car has been traded, the buyer and seller have a mutual obligation to contribute to the completion of the transaction and fulfil their obligations in this regard.
2.2.2 When a car has been traded via Saauctionscars, Saauctionscars will both notify the relevant parties of the transaction.
2.3 Delivery and the buyer's right of inspection
2.3.1 The buyer collects the car unless agreed otherwise. The pick-up location must be an address notified by the seller, within the postcode area listed under the car description. If the seller does not specify another specific address within the applicable postcode area, the car will be collected from the seller's address.
2.3.2 Delivery must take place no later than one week after the sale agreement is entered into. The seller is obligated to allow the buyer to collect the car within the stipulated one week deadline, between the hours of 09:00 - 17:00. If the parties cannot agree on a pick-up time, the buyer chooses a time within the applicable period, but must give the seller at least 24 hours' notice.
2.3.3 Before making payment, the buyer is entitled to investigate whether the car matches the seller's description and take the car for a short test drive. The seller carries the risk for any damages that occur during the test drive, unless these are due to negligence or breaches of the AA or Road Traffic Act on the part of the buyer.
2.3.4 If the buyer discovers inconsistencies between the car and the seller's description of the car, the buyer is entitled to a reasonable reduction in the price or, alternatively, to cancel the sale all together. This does not impact on Saauctionscars right to a listing fee.
2.3.5 Before making payment, the buyer is entitled to ensure that the car's chassis number and registration number (where applicable) match the car registration document.
2.3.6 The buyer must be given the car’s owner registration documents together with the car.
2.3.7 During registration for the auction, the seller has the option to offer to deliver the car to the buyer at another location, instead of it being collected from the seller's address. This location can be the buyer's address within South Africa, wherever this might be. If the seller chooses this option, it replaces the "collection" mentioned in the provisions above; such that the "postcode area" is replaced by the region the seller has offered to deliver within. Regardless of whether the seller chooses this option, the buyer is always entitled to collect the car from the seller's address, should he so prefer.
2.4 Payment for the car
2.4.1 The buyer must pay the purchase price at the time of delivery, in exchange for the seller handing over the car, the registration documents, and any other papers that belong with the car.
2.4.2 The buyer must pay in cash or with a bank guaranteed cheque.
2.4.3 If one party so requests, the other party is obligated to provide a receipt for the transaction (for the car, etc., or the payment received).
2.4.4 Before making payment, the buyer is encouraged to query the registration papers to ensure that no hire purchase or other rights are registered on the car. If the parties have agreed that the buyer should pay the outstanding finance directly, the buyer is encouraged to ensure that no further rights are registered with any other party or finance institution.
2.5 Risk transferral
2.5.1 The risk for the car transfers from the seller to the buyer when the seller hands over the car to the buyer or the buyer's representative.
2.6 The seller's basic obligations
2.6.1 The seller, having registered the car in the auction, is obligated to deliver the car in the condition described (cf. Saauctionscars description procedure), once an agreement has been entered into.
2.6.2 The seller is responsible for ensuring that all information about the car is correct and complete, and that the car is not defective.
2.6.3 The seller is responsible for being the legal owner of the car and that no third parties have any form of rights to the car, including hire purchase, ownership reservation, seizure, purchase option, pre-emptive right or other entitlement, which limits or prevents sale of the car in a free and unencumbered state. The seller is also responsible for ensuring that at the time of delivery, there are no rights registered on the car by any other party or finance institution. However, the stipulations in section 2.6.3 do not apply where the seller has declared such entitlements during his description of the car, and an agreement is established with the buyer concerning the buyer's redemption or take over of such entitlements as part of the purchase transaction. Before placing his car on sale at the auction, the seller must ensure that all residual debt/outstanding finance on the car and other entitlements on the car can be redeemed in connection with the sale transaction, at or before the time of delivery.
2.6.4 Once the car has been handed over the seller has no further obligations to the car.
2.7 The buyer's basic obligations
2.7.1 Once the buyer, having bid on Saauctionscars, has become the highest bidder in accordance with the bidding rules, or has in any other way accepted to buy the car, a binding agreement has been entered into between the buyer and seller. The buyer is obligated to complete the sale transaction. As such, the buyer must collect the car and pay the seller the purchase price. This is the buyer's primary obligation towards the seller. Please refer to the other provisions regarding the buyer's obligations in the Terms and Conditions.
2.8 Disputes between the buyer and seller
2.8.1 The relationship between the seller and the buyer is subject to South African law.
2.8.2 Whether a timely complaint has been made, and whether or not a breach/deficiency exists which the other party is liable for, will be decided in accordance with applicable South African law.
2.8.3 If the buyer or seller wish to claim damages against the other party as a consequence of the other party's breach of the agreement, the transport cost will be set to a fixed amount. If the car has been transported several times by arrangement with another party, the compensation amount will be paid for each time. The compensation amount will be R1500.00 each time paid by the party that is responsible for the breach of agreement.
2.8.4 In the event of a dispute between the buyer and seller which cannot be resolved amicably, the parties are encouraged to seek assistance from a lawyer. Both parties should not be represented by the same lawyer.
2.8.5 In the event of a dispute between the buyer and seller, a copy of the contract of sale must be sent without delay to Saauctionscars office, along with a description of the cause. This is for statistical and registration purposes and does not mean that Saauctionscars in any way becomes a party in the breach and any dispute between the buyer and seller, nor is Saauctionscars right to a listing fees affected. Disputes between the buyer and seller will still be decided directly between the buyer and seller without Saauctionscars intervention.
2.9 The registration documents and car hire purchases, etc.
2.9.1 The seller is responsible for ensuring that the car is free and unencumbered at the time of delivery. Thus the seller is obligated to redeem and ensure the cancellation of all entitlements that creditors and other parties might have over the car before delivery. However, the parties can agree that the buyer, as part of the sale transaction, will redeem financial entitlements and other entitlements in the car. In this case, it is recommended that the buyer makes payment directly to the party who holds entitlements over the car, and ensures that these are cancelled with the relevant institution. With the acceptance of the party who holds entitlements over the car (e.g. a hire purchase), the parties can also agree that the buyer will take over specific debt obligations. It is recommended that all agreements relating to the buyer's redemption or take over of a hire purchase in the car be made in writing and with the greatest care.
2.9.2 The parties should be aware that not all entitlements over cars are registered in the relevant institution. This is the case, for example, for pledge rights, right of retention, right of use and other rights. If the person selling the car is not the rightful owner, the buyer runs the risk of having to return the car to its rightful owner. This is also the case for cars purchased by methods other than an auction.
2.10 Printing and typing errors
2.10.1 Saauctionscars accepts no liability for printing and typing errors.