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Aweh Auctioneers (PTY)
4 Wall Street
Park Central
Selby, Johannesburg
2001
South Africa
Telephone(s):
0027 (0)66 307 5443

Email:
info@awehauctioneers.com

Website:
www.awehauctioneers.com

Combining a very personal and effective approach to both
selling and buying household goods, Aweh excels in matching
the markets for both the Seller and Buyer, while keeping the
process of auctioning the goods personal, enjoyable, affordable
(did we mention all auction lots are UNRESERVED) and
professional.

Typically hosting two auctions every month (although this might vary from time to time, depending on the seasons and holiday calendar), Aweh Auctioneers hosts hundreds of potential buyers who come to our viewing days every month.

They have discovered the amazing value you will find on our auctions, and they battle it out on our online auction platform Aweh Auctioneers offers Sellers the possibility of hosting the auction on off-site locations, provided there is easy access for our Buyers, enough stock to draw the crowds and an interesting story to tell!

Aweh Auctioneers have all the required expertise, experience and equipment in-house to successfully pull of these auctions.

Off-site auctions have become somewhat of a rarity in the auction world, but we pride ourselves in the fact that we are able to professionally host, conduct and administer these with a minimal lead time and with maximum result.

GENERAL CONDITIONS OF BUSINESS
Aweh Auctioneers (Pty) Ltd (“Aweh Auctioneers”) is an auction house which carries on
business as Auctioneers. As Auctioneers, Aweh Auctioneers would usually act as an Agent of
the Seller of a lot or as Principal of a lot where Aweh Auctioneers owns or has a financial
interest in any lot. The contractual relationship of Aweh Auctioneers with prospective Buyers
and Sellers is governed by:
1. the conditions set out below;
2. any additional or special Terms and Conditions that Aweh Auctioneers may impose
(whether in the form of notices displayed at the premises at which any auction is
conducted or announced by the Auctioneer prior to or during any auction and
whether in respect of any specific lot or in general); and
3. such other terms and conditions as may be set out in any relevant catalogue
(collectively referred to as the “General Conditions of Business”)
1. DEFINITIONS
In these General Conditions of Business, headings are for convenience only and shall not be
used in their interpretation. In these General Conditions of Business, 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 “Act" means the Consumer Protection Act 68 of 2008, as amended from time to time and
regulations promulgated in respect thereof;
1.2 “Auction” means any private treaty or auction sale at which a lot is offered for sale by
Aweh Auctioneers;
1.3 “Auction House” means Aweh Auctioneers (Pty) Ltd;
1.4 “Auctioneer” means the representative(s) of Aweh Auctioneers conducting an auction
namely, Mr. Filip Taylor Parkins, or another nominated representative;
1.5 “Auction without reserve” means an auction at which goods are sold to the highest bidder
without reserve; the auction does not require a minimum bid; the auction does not allow
competing bids of any type by the seller or an agent of the seller; and the seller of the goods
cannot withdraw the goods from auction after the auction is opened and there is public
solicitation or calling for bids;
1.6 “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;
1.7 “Bidders Record” means the document contemplated in rule 26 of the regulations;
1.8 “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;
1.9 “Buyer’s Commission” means the commission payable by the Buyer of a lot to Aweh
Auctioneers on the sale of that lot, calculated on the hammer price of that lot at the relevant
current rates, with VAT at prevailing rates added to this commission only;
1.10 “Catalogue” means any advertisement, brochure, estimate, price list or other publication
(in whatever medium, printed, electronically, digitally or otherwise) published by Aweh
Auctioneers in respect of any auction;
1.11 “Closed Auction” means an auction where the auctioneer or the Seller, as the case may
be, issues an invitation to take part in an auction only to a finite list of consumers;
1.12 “Consumer” means a consumer as defined in section 1 of the Act and whose annual
turnover or assets value falls below the threshold contemplated in section 5(2) of the Act and
to whom the Act applies;
1.13 “Current Rates” means Aweh Auctioneers current rates of commissions, premiums and
other amounts payable to Aweh Auctioneers for the time being, together with VAT thereon,
all as published by Aweh Auctioneers (whether in a catalogue or otherwise) or as agreed
between a prospective Buyer or Seller and Aweh Auctioneers;
1.14 “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;
1.15 “Lot” means any item or items to be offered for sale by Aweh Auctioneers at an auction
and identified as such;
1.16 “Mock Auction” means an auction in which goods are sold for less than the highest bid,
or part of the purchase price is repaid to the purchaser; the right to bid for goods is restricted
to persons who have agreed to buy other goods; or any goods that are given away as gifts;
1.17 “Private Treaty” means the sale of any lot other than by auction sale at a price privately
agreed on by the Buyer and Seller;
1.18 “Purchase Price” means the hammer price of any lot at a sale thereof, plus the applicable
Buyer’s Commission for that lot, plus all recoverable expenses for which the Buyer is liable
in respect of the lot;
1.19 “Recoverable Expenses” includes all fees, taxes (including VAT), charges and expenses
incurred by Aweh Auctioneers in relation to any lot that Aweh Auctioneers is entitled to
recover from a Buyer or Seller, as mutually agreed;
1.20 “Regulations” means the regulations promulgated in terms of section 120 of the Act;
1.21 “Reserve Price” means the confidential minimum hammer price (if any) at which a lot
may be sold at an auction, as agreed in writing between the Seller of that lot and Aweh
Auctioneers;
1.22 “Seller” means the person named as the Seller of any lot, being the person that offers the
lot for sale;
1.23 “Seller’s Commission” means the commission payable by the Seller to Aweh
Auctioneers on the sale of a lot that is calculated on the hammer price of that lot at the
relevant current rate, with VAT at prevailing rates added to this commission only; and
1.24 “VAT” means Value Added Tax levied in terms of the Value Added Tax Act, No 89 of
1991.
1.25 “Vendor’s Roll” means the document contemplated in rule 28(4) of the regulations; and
1.26 “Website” means the website address of the auction house being
– www.oldjwauctioneers.com.
2. BUYER’S 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, Aweh Auctioneers is provided with a written letter of authority acknowledging
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. Subject to rule 30(2) of the Regulations, the Auctioneer shall ensure that every
prospective Bidder must, prior to the commencement of an auction, register his or her identity
in the Bidder’s Record, and such registration shall with necessary changes meet the
requirements of Chapter 1 of the rules promulgated in terms of the Financial Intelligence
Centre Act, No 38 of 2001 (“FICA”).
2.1.4 Bidders are advised to personally attend any auction at which a lot is to be sold by
auction sale, but Aweh Auctioneers will endeavor to execute absenteeism with written bids,
telephone bids and/or electronic/online/web application bids, provided they are, in Aweh
Auctioneers’ absolute discretion, received in sufficient time and in a legible format and
estimated over R1 000.00 (one thousand Rand). When bids are placed by telephone, email,
online or by web application before an auction, they are accepted at the sender’s risk and
must, if so requested by Aweh Auctioneers, be confirmed in writing to Aweh Auctioneers
before commencement of the auction. Persons wishing to bid by telephone during the course
of an auction must make proper arrangements with Aweh Auctioneers in connection with
such telephone bids at least 24 (twenty four) hours before the commencement of the auction.
There are limited telephone lines available, and as telephone bids cannot be entirely free from
risk of communication breakdown, Aweh Auctioneers will not be responsible for losses
arising from missed bids. Telephone bidding may be recorded and all bidders consent to such
recording.
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 Aweh Auctioneers.
2.2.2 Aweh Auctioneers shall not be liable for any error, misstatement or omission in the
description of a lot (whether in any catalogue or otherwise), unless Aweh Auctioneers, 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 or Aweh Auctioneers.
2.3 Exclusions And Limitations Of Liability To Buyer
2.3.1 If a lot sold to a Buyer proves to be a forgery (which will only be the case if an expert
appointed by Aweh Auctioneers for such purpose confirms the same in writing), the Buyer
may (as his sole remedy hereunder or at law) return the lot to Aweh Auctioneers within 10
(ten) days of the date of the sale of that lot in the same condition in which it was as at the date
of sale, together with a written statement by the Buyer detailing the defects to the lot, the date
of the sale and the number of the lot. Should Aweh Auctioneers be satisfied in its absolute
discretion that the lot is a forgery and that the Buyer is capable of transferring good and
marketable title to the lot to a third-party purchaser thereof, free from any encumbrances and
other third party claims, the sale of that lot shall be set aside and the Hammer Price of that lot
shall be refunded to the Buyer, provided that the Buyer shall have no rights and/or recourse
against Aweh Auctioneers.
2.3.2 Neither Aweh Auctioneers 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,
Aweh Auctioneers, their respective employees and/or agents;
2.3.2.2 Give any guarantee or warranty to the Bidder other than those expressly set out in
these General Conditions of Business and any implied conditions, guarantees and warranties
are excluded.
2.3.3 The risk in any goods sold, shall pass to the Buyer immediately from the fall of the
Auctioneer’s hammer. The purchaser acknowledges that the Auctioneer will secure the goods
in the same way as any other goods under his control and is not liable in any way for any
damage to, or shortfall in, the goods or any goods stolen or destroyed before the Buyer takes
delivery of the purchased goods.
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 Aweh
Auctioneers cannot warrant that the Seller has insured its interests in the lot or that Aweh
Auctioneers insurance cover will extend to all risks.
2.3.5 Aweh Auctioneers does not accept any responsibility for lots damaged by insect
infection, changes in atmospheric or climatic 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 may 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 Price, where applicable.
2.4.3 The contract between the Buyer and the Seller of any lot shall be deemed to be
concluded on the fall of the Auctioneer’s hammer at the Hammer Price finally accepted by
the Auctioneer (after determination of any dispute that may exist). Aweh Auctioneers 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 Commission, calculated at the applicable current rate of the Hammer Price,
shall be payable by the Buyer to Aweh Auctioneers in respect of the sale of each lot. The
Buyer acknowledges that Aweh Auctioneers, 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 Aweh Auctioneers the Purchase Price immediately after a lot is
sold, unless expressly agreed between the parties in writing, and shall provide Aweh
Auctioneers with details of his name and address and, if so requested, proof of identity and
any other information that Aweh Auctioneers may require.
2.5.3 Unless otherwise agreed in advance in writing, the Buyer shall make full payment of all
amounts due by the Buyer to Aweh Auctioneers on the date of sale (or on such other date as
Aweh Auctioneers and the Buyer may agree upon in writing) in cash, electronic funds
transfer, credit or debit card.
2.5.4 Ownership in a lot shall not pass to the Buyer thereof until Aweh Auctioneers has
received settlement of the full Purchase Price of that lot in cleared funds. Furthermore, Aweh
Auctioneers shall not release a lot to the Buyer prior to full payment thereof. However,
should Aweh Auctioneers agree to release a lot to the Buyer prior to payment of the Purchase
Price, full ownership of such lot shall not pass to the Buyer, nor shall the Buyer’s obligations
to pay the Purchase Price be impacted, until such receipt by Aweh Auctioneers of the full
Purchase Price in cleared funds.
2.5.5 The Buyer shall collect the purchased goods at his sole risk and cost immediately after
the auction has finished, or on the Monday or Tuesday after the auction during normal
business hours.
2.5.6 The refusal of any approval, license, consent, permit or clearance as required by foreign
or local law(s) shall not affect the Buyer’s obligation to pay for the lot.
2.5.7 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 Aweh Auctioneers has been
received by Aweh Auctioneers. All risk of loss or damage to the purchased lot shall be borne
by the Buyer from the moment the Buyer’s bid is accepted by Aweh Auctioneers in the
manner referred to above. Neither Aweh Auctioneers 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.
2.5.8 All packaging and handling of lots is at the Buyer’s risk and expense, and will have to
be attended to by the Buyer, and Aweh Auctioneers shall not be liable for any acts or
omissions of any packers or shippers.
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, Aweh Auctioneers as Agent of the Seller
or as Principal of a lot 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 with legal action against the Buyer for damages;
2.6.5 To re-sell the lot or cause it to be re-sold by public auction or private treaty, with
estimates and reserves at Aweh Auctioneers’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
re-sale of the lot, including expenses incurred by Aweh Auctioneers 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 contact and personal details to the Seller to enable the Seller to
commence legal proceedings;
2.6.8 To charge interest at a rate not exceeding the prevailing prime rate plus 3% per month
on the total amount due to the extent that it remains unpaid after the date of the auction.
2.6.9 The Buyer consents in terms of section 45 of the Magistrates’ Courts Act, No 32 of
1944, as amended, to Aweh Auctioneers and/or the Seller, as the case may be, instituting any
legal proceedings for enforcing any of its rights in terms of these General Conditions of
Business in the Magistrate’s Court of any district having jurisdiction in respect of the bidder
by virtue of section 28(1) of the aforesaid Act. Notwithstanding the bidder’s consent to the
jurisdiction of the Magistrate’s Court aforementioned, Aweh Auctioneers or the Seller
reserve the right to institute legal proceedings against the Buyer in any other competent court
having jurisdiction in the matter, including but not limited to any High Court of the Republic
of South Africa.
2.7 Cites Permits, Import, Export, Copyright Restrictions & Licenses
Aweh Auctioneers advises Buyers from outside the Republic of South Africa to familiarize
themselves with the laws of their own countries regulating imports, in particular, the
requirements and/ or restrictions prior to placing a bid on a lot that contains taxidermy,
animal parts such as ivory, bone, nail/claw, skin/hide, or rare and exotic wood types or other
potentially restricted items such as, but not limited to, ammunition, (deactivated) firearms,
edged weapons, military memorabilia and others. It is the Buyer's sole responsibility to
identify these items and obtain any necessary permit for export, import, endangered species
(including CITES) for that lot.
3. SELLER’S CONDITIONS
3.1 Aweh Auctioneers Powers
3.1.1 The Seller irrevocably instructs Aweh Auctioneers to offer for sale at an auction all
objects submitted for sale by the Seller and received and accepted by Aweh Auctioneers, 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 clause 3.1.3) all on the basis set out in these general conditions of
business. The Seller further irrevocably permits Aweh Auctioneers to bid for any lot of which
any of those objects form part as agent for one or more intending Buyers.
3.1.2 Aweh Auctioneers 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 Aweh Auctioneers by
way of private treaty or otherwise pursuant to clause 3.1.3.
3.1.3 The Seller further irrevocably authorizes Aweh Auctioneers to offer for sale whether by
private treaty or otherwise, and without any further instruction or notification to the Seller,
within seven days after the auction, all or any remaining objects submitted for sale by the
Seller and received and accepted by Aweh Auctioneers in accordance with clause 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 Aweh Auctioneers 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 Aweh Auctioneers 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 Aweh Auctioneers 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. Aweh Auctioneers reserves the right to revise the
estimated selling range at any time.
3.2.2 The Seller acknowledges that Aweh Auctioneers 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 Aweh Auctioneers shall not be liable for any error, misstatement or omission in the
description of a lot (whether in any catalogue or otherwise), unless Aweh Auctioneers, its
employees or agents, engaged in intentional misleading or deceptive conduct.
3.3 Warranties of the Seller
3.3.1 The Seller warrants to Aweh Auctioneers 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 Aweh Auctioneers 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, the Seller,
Aweh Auctioneers, its servants or agents are not responsible for errors of description or for
the authenticity of any lot, and no warranty or guarantee whatsoever is given by Aweh
Auctioneers, 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,
guarantees or warranties are hereby excluded.
3.3.3 The Seller of any object forming part of a lot NOT held by Aweh Auctioneers at the
auction premises (such as for example an aeroplane) warrants and undertakes to Aweh
Auctioneers 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 Aweh Auctioneers and the Buyer
against any loss or damage suffered by either in consequence of any breach of any warranty
in their general conditions of business.
3.4 Commissions and Expenses
3.4.1 Seller’s Commission at the prevailing rate at the time of consigning the item, as
displayed on the consignment document, shall be payable by the Seller to Aweh Auctioneers
in respect of the successful sale of each lot comprising one or more objects submitted by the
Seller for sale, with VAT added at prevailing rates to this Commission only. The Seller
acknowledges that Aweh Auctioneers 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 Aweh Auctioneers to deduct from the Hammer Price of any lot the
Seller’s Commission and all such recoverable expenses for which the Seller is liable, as
agreed between him and the Aweh Auctioneers.
3.4.2 Aweh Auctioneers 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 Price
3.5.1 All lots will be sold without Reserve Price or minimum price unless a Reserve Price has
been placed on a lot, in which event such lot will be offered for sale subject to the reserve. A
Reserve Price shall only be placed on a lot if agreed in writing between the Seller and Aweh
Auctioneers prior to the auction. A Reserve Price, once placed on a lot, may not be changed
by the Seller without the prior written consent of Aweh Auctioneers. Should Aweh
Auctioneers consent to an increase of the Reserve Price on a lot, Aweh Auctioneers 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 Price.
3.5.2 Where a Reserve Price has been placed on a lot, only the Auctioneer may bid on behalf
of the Seller, and it is strictly not allowed for the Seller himself to bid on this lot whatsoever.
3.5.3 Where a Reserve Price 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 Price and the Seller shall
pay to Aweh Auctioneers the Buyer’s Premium and all expenses 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 Price have been placed on a lot, Aweh Auctioneers shall not be
liable if the Purchase Price of that lot is less than the estimated selling range.
3.6 Insurance
3.6.1 Unless Aweh Auctioneers and the Seller have otherwise agreed in writing, Aweh
Auctioneers will insure all objects, with the exclusion of motor vehicles, consigned to it or
put under its control for sale and may, at its discretion, insure property placed under its
control for any other purpose for as long as such objects or property remain at Aweh
Auctioneers premises or in any other storage depot chosen by them.
3.6.2 If any payment is made to Aweh Auctioneers under the said insurance, in the event of
loss or damage to any object, Aweh Auctioneers shall pay such amount to the Seller after
deduction of the Seller’s Commission and expenses incurred by them.
3.6.3 In the event the Seller instructs Aweh Auctioneers not to insure a lot or property
submitted for sale, it shall at all times remain at the risk of the Seller. In such an event, the
Seller undertakes to:
3.6.3.1 Indemnify Aweh Auctioneers against all claims made or proceedings brought against
them in respect of damage or loss to the lot of whatsoever nature and howsoever arising and
in all circumstances, even when negligence is alleged or proved;
3.6.3.2 Reimburse Aweh Auctioneers on demand, for all costs, payments or expenses made
or incurred in connection herewith. All payment made by Aweh Auctioneers in connection
with such loss, damage, payments, costs or expenses shall be binding on the Seller as
conclusive evidence thereof that Aweh Auctioneers was liable to make such payment;
3.6.3.3 Notify any insurer of the existence of the indemnity contained herein.
3.7 Payments for the Proceeds of Sale
3.7.1 Aweh Auctioneers shall only be liable to remit the sale proceeds of a lot to the Seller
thereof on the later of thirty calendar 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 Aweh
Auctioneers in cleared funds.
3.7.2 If the Buyer of a lot fails to pay the total amount due to Aweh Auctioneers within
twenty-one days after the date of sale of that lot, Aweh Auctioneers may give notice of this to
the Seller of that lot and may request the Seller’s written instructions as to the appropriate
course of action to be followed. Should Aweh Auctioneers deem it so appropriate, Aweh
Auctioneers 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 Aweh Auctioneers, at Aweh Auctioneers’ absolute discretion but at
the Seller’s expense:
3.7.2.1 To agree terms for payment of the total outstanding amount;
3.7.2.2 To remove, store and insure the lot sold;
3.7.2.3 To settle any claim by or against the Buyer on such terms as Aweh Auctioneers in
their absolute discretion deem fit;
3.7.2.4 To take such steps as Aweh Auctioneers in their absolute discretion consider
necessary to collect monies due to the Seller from the Buyer;
3.7.2.5 If necessary, to rescind the sale and refund any monies to the Buyer;
3.7.3 Should Aweh Auctioneers 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 Aweh Auctioneers.
3.7.4 If the sale of any lot is rescinded, set aside or cancelled by an action of the Buyer, and
Aweh Auctioneers has accounted to the Seller for the sale proceeds, the Seller shall
immediately refund the full sale proceeds to Aweh Auctioneers, 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 Aweh Auctioneers and/or to reimburse any expenses
incurred by Aweh Auctioneers.
3.8 Withdrawal Fees
3.8.1 A Seller may only withdraw a lot from being offered for sale by written notification to
Aweh Auctioneers.
3.8.2 Upon receipt of proper notification of withdrawal as envisaged above, Aweh
Auctioneers reserves the right to charge the full Seller’s Commission plus the full 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.
3.8.3 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 Aweh Auctioneers.
3.9 Photography and Illustration
Aweh Auctioneers 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 Aweh Auctioneers shall be the sole and absolute property of Aweh Auctioneers and Aweh
Auctioneers undertake to abide by all copyright applicable to any and all lots submitted for
sale.
3.10 Unsold Lots
3.10.1 Aweh Auctioneers 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 Seller in terms of 3.1.
3.10.2 Where any lot remains unsold, Aweh Auctioneers shall notify the Seller accordingly
and the Seller shall collect the lot at the Seller’s expense within seven days after the dispatch
by Aweh Auctioneers of a notice to the effect that the lot has not been sold.
3.10.3 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.
3.10.4 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.
3.10.5 Should the Seller fail to collect the lot within two weeks of date of the notification
referred to above, Aweh Auctioneers shall be authorized to sell the lot by private treaty or
public auction, on such terms and conditions as they deem fit, without Reserve Price and to
deduct from the Hammer Price all sums owing to Aweh Auctioneers, 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 Aweh Auctioneers for and on behalf of
the Seller.
3.10.6 Aweh Auctioneers 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.
We do not offer shipping or delivery services