1. Definitions
In these Conditions of Sale:
- “Auctioneer” means AMCO Auctioneers (Pty) Ltd or its duly appointed auctioneer.
- “Seller” means the person or entity offering goods for sale.
- “Buyer” means the highest bidder whose bid has been accepted by the Auctioneer.
- “Goods” means any item, lot or property offered for sale at auction.
- “CPA” refers to the Consumer Protection Act 68 of 2008 (as amended).
2. Legal Framework
All auctions conducted by the Auctioneer are governed by:
- The Consumer Protection Act 68 of 2008 and associated Regulations (particularly Regulation 21).
- The Auctioneers Act 45 of 1982.
- The common law of contract in South Africa.
3. General Conditions
3.1. All sales are subject to these Conditions of Sale, which are binding on all bidders.
3.2. The Auctioneer acts as an agent for the Seller and is not liable for any default by the Seller or Buyer.
3.3. The Auctioneer reserves the right to:
- Refuse any bid;
- Withdraw any lot prior to or during the auction;
- Re-open bidding or re-offer a lot in the event of a dispute.
3.4. The Auctioneer’s decision in all matters is final and binding.
4. Registration and Bidding
4.1. All bidders must register prior to bidding, providing valid identification and proof of residence (per the FICA Act).
4.2. A refundable registration deposit may be required.
4.3. The bidder acknowledges that each bid constitutes a binding offer to purchase, It is the duty of the Buyer to ensure that all bids are placed on the correct lot. NO bids will be removed. Any Bid Placed is FINAL.
4.4. The highest bidder at the fall of the hammer is deemed the purchaser, subject to confirmation where applicable.
5. Reserve and Confirmation
5.1. Unless announced as “absolute” or “without reserve”, all lots may be subject to a reserve price.
5.2. The Seller or Auctioneer may bid on behalf of the Seller up to the reserve.
5.3. If the sale is subject to confirmation, the Buyer’s offer remains open for 2 business days for the Seller’s acceptance.
6. Payment and Ownership
6.1. The purchase price shall include:
- The hammer price; and
- The Buyer’s premium (if applicable); and
- VAT (if applicable).
6.2. Payment must be made in full via electronic funds transfer (EFT) within 48 Hours once invoices have been released.
6.3. Ownership of the goods passes to the Buyer only upon receipt of full payment.
6.4. Risk passes to the Buyer upon the fall of the hammer.
7. Collection and Removal
7.1. The Buyer must remove the goods within 2 business days of the auction at their own cost and risk.
7.2. Failure to collect within the prescribed period may result in:
- Storage charges; or
- Forfeiture of the purchase and deposit.
8. Warranties and Condition of Goods
8.1. All goods are sold “voetstoots” (as is) unless otherwise stated.
8.2. No warranties, representations, or guarantees are given as to the condition, quality, fitness for purpose, or correctness of description.
8.3. Buyers must inspect goods prior to bidding.
9. Default
9.1. Should the Buyer fail to make payment or comply with these conditions, the Auctioneer may:
- Cancel the sale and resell the goods;
- Retain any deposit as pre-estimated damages;
- Claim any additional loss from the defaulting Buyer.
10. Limitation of Liability
10.1. The Auctioneer shall not be liable for any loss, damage, or injury arising from participation in the auction or possession/use of any purchased goods.
10.2. The Auctioneer’s total liability, if any, shall not exceed the amount of commission earned on the sale.
11. Privacy and Data Protection
11.1. The Auctioneer will process bidder information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA).
11.2. By registering, bidders consent to their personal information being used for auction-related purposes.
12. Governing Law and Jurisdiction
These Conditions of Sale are governed by the laws of the Republic of South Africa, and any disputes shall be adjudicated in the appropriate South African court.
Auction Timing & Closing Disclaimer
All auction closing times are governed strictly by the official AMCO Auctioneers server time and auction system records.
While countdown timers are displayed live on the website for bidder convenience, slight timing discrepancies may occur due to factors including internet connection speed, network latency, device performance, browser delay, page refresh timing, or related technical conditions.
A time variance of up to approximately 10 seconds may occur in certain instances and shall not be considered grounds for dispute or reversal.
Bidders are strongly advised not to rely on placing manual bids at the last second. To reduce the risk of missing a bid, bidders should place bids in advance or make use of the Auto Bid function where available.
Anti-sniping or extension rules: The official auction closing time shall be determined solely by the auction system based on recorded server-side bid activity.
By participating in any auction, bidders acknowledge and accept that AMCO Auctioneers shall not be held liable for missed bids, delayed bid attempts, timing differences, or last-second bidding failures caused by connection delays, latency, refresh timing, or other technical factors beyond AMCO Auctioneers’ reasonable control.
PLEASE NOTE: A physical copy of your invoice/s, copy of ID/ Passport and a copy of Proof of address no older than 3 Months are Required upon collection. NO goods will be released without the required documentation!
13. Acknowledgment
By registering and bidding, the bidder acknowledges that they have read, understood, and agree to be bound by these Conditions of Sale.