Rules of Auction

RULES OF AUCTION

in respect of sales by

We Buy Cars (Pty) Ltd – Registration Number: 2015/130772/07

Situated at Unit 1 Louwlardia Logistics Park, Olievenhoutbosch Avenue, Centurion, Gauteng.

Contact details: 087 057 0000

1. All vehicles sold by auction will be subject to a reserve price, unless specifically stated otherwise by the auctioneer at the start of the auction.
2. The auctions are subject to a right to bid by or on behalf of WeBuyCars. These Rules of Auction comply with section 45 of the Consumer Protection Act, Act 68 of 2008 (“the Act”) and the Regulations of the Act.
3. Each vehicle is, unless there is evidence to the contrary, regarded to be the subject of a separate transaction.
4. The reason for the auction is the normal and voluntary disposal of the vehicle by WeBuyCars.
5. The auction will start on the published day and time and it will not be delayed to allow any specific person or more persons to take part in the auction.
6. We Buy Cars will take no responsibility for any interruption in internet connection resulting in the Buyer being disconnected from the auction, be it the Buyer’s or We Buy Cars internet connection, for any reason whatsoever, including the loss of a potential purchase, should the bid not be recorded due to the system disconnecting.
7. Bidder’s wishing to view the lots on auction may do so either online or at We Buy Cars premises.
8. An offer made by a Buyer before the auction may at any time be accepted by the auctioneer and if this happens the relevant vehicle will be withdrawn from the auction. If the offer is not accepted before the auction, that offer will be placed as a bid on the final day of the auction.
9. The purchase price of the vehicle sold by auction specifically includes value-added tax but excludes a documentation fee charged by WeBuyCars on all goods sold on auction. This fee is clearly displayed on the price card of the vehicle presented on auction.
10. Risk in and to the goods will pass to the Buyer on the fall of the hammer. Despite the passing of risk, ownership will remain with WeBuyCars until the purchase price has been paid into our bank account and the payment is final and complete.
11. The vehicle will not be delivered to the Buyer until the Buyer has paid and complied with all of its payment obligations to WeBuyCars.
12. The Buyer will arrange for the removal of the purchased vehicle at the time indicated by WeBuyCars. Should the Buyer fail to take delivery of the vehicle, WeBuyCars will be entitled to charge the Buyer a removal fee, storage fees, insurance and other expenses and any costs incurred which will become due and payable on demand before delivery of the purchased lots.
13. The parties specifically agree that no bid may be withdrawn after the bid has been accepted unless WeBuyCars consents to such withdrawal in writing.
14. Subject to any reserve price placed on any of the goods by WeBuyCars, the Buyer at any sale by auction will be the highest bidder indicated by the auctioneer by the fall of the hammer or by such other means as the auctioneer may select.
15. The auction will take place under the direct and exclusive control of the auctioneer. The auctioneer reserves the right, in his/ her sole discretion, to refuse the bid of any person, to regulate the bidding and to indicate the highest bidder. If the auctioneer suspects that a bidder has not made a bona fide bid, or is unable to pay the purchase price or has not made satisfactory arrangements for payment of the purchase price, he may refuse to accept the bid of such bidder or accept it provisionally until the bidder has satisfied him/her that he/ her is in a position to pay the purchase price or that he/ she has made satisfactory arrangements for payment thereof. On refusal of a bid under such circumstances the goods may immediately be re-auctioned.
16. In the event of a dispute arising amongst the bidders and / or the auctioneer, the goods in dispute will, at the sole discretion of the auctioneer, be re-auctioned.
17. Any error by the auctioneer will be entitled to be corrected by him or her immediately upon discovery.
18. The vehicles sold at the auction are sold “as is” without any warranty whatsoever. The Buyer will have no recourse (claim) whatsoever against WeBuyCars including any latent or patent defects present in the vehicle at the fall of the hammer. By entering a bid, the Buyer confirms that he/she was given enough opportunity to inspect the vehicle.
19. WeBuyCars has no obligation to test the vehicle to determine whether it is roadworthy or to register the vehicle in the name of the Buyer.Should this be required, WeBuyCars will be entitled to charge an additional fee for such services, which will be due and payable on demand and must be paid before the delivery of the vehicle to the Buyer.
20. The Buyer will, prior to the sale, check and determine whether there are any defects in the vehicle and any bid by a Buyer will be considered as acceptance of the vehicle with any patent or latent defects in the vehicle’s condition at the time of sale.
21. WeBuyCars does not warrant the odometer reading as correct as we do not know the full history of the vehicle. We can further not warrant that the vehicle has never been damaged or, if so, that it has been repaired to the manufacturer’s specifications.
22. WeBuyCars does not warrant that the vehicle purchased on auction will be usable and durable for a reasonable period, having regards to the use to which it would normally be put and all surrounding circumstances of its supply.
23. The Buyer will not be entitled to withhold payment of the purchase price to WeBuyCars as a result of any possible or pending claim that he may have against us on the grounds of misrepresentation or for any other reason whatsoever.
24. The purchase price is payable by the Buyer to WeBuyCars by means of electronic funds transfer (“EFT”) on the date of sale (“the payment date”). WeBuyCars reserves the right to refuse any other method or means as payment. Payment by way of EFT will only be regarded as final and complete as soon as the funds transferred reflect and are available in our bank account.
25. Anyone that intends to bid at the auction (prospective Buyer) must register his or her identity on the bidder’s record before the beginning of the auction and such registration must meet the requirements of FICA (the Financial Intelligence Centre Act, 2001) in respect of the establishment and verification of the identity of the person. The prospective Buyer must sign the registration form and give the Auctioneer a copy of his/her identity document and proof of residence (not older than 3 months).
26. The Buyer will be required to pay a deposit to register for the auction. Payment must be made using the Buyer’s ID number or Company registration number as reference, by means of EFT into the nominated bank account. The deposit becomes non-refundable once the Buyer’s bid is accepted.
27. Any natural person (human being) who buys a vehicle on behalf of another natural person must furnish the auctioneer with a written signed power of attorney, before the beginning of the auction, failing which he/she will be personally liable for payment of any purchases made by him/her. The person bidding on behalf of or signing any document on behalf of the purchaser in terms of a successful bid hereby binds himself/herself personally as co-principal debtor with the Buyer for payment of the purchase price and personally guarantees all the obligations of the Buyer under these Rules of Auction.
28. A natural person who attends the auction, to bid and to sign the bidder’s record, on behalf of another legal person (i.e. on behalf of a company or legal entity) must produce a signed letter of authority that expressly authorises him or her to bid or sign the bidder’s record on behalf of that person. Where a person is bidding on behalf of another entity the letter of authority must appear on the letterhead of the entity and must be accompanied by a certified copy of a resolution, authorising him or her to bid on behalf of the entity. The person bidding on behalf of or signing any document on behalf of the Buyer in terms of a successful bid hereby binds himself personally as co-principal debtor with the Buyer for payment of the purchase price and personally guarantees all the obligations of the Buyer under these Rules of Auction.
29. In the event where a Buyer allows another person to purchase on his or her Buyer’s number, the registered Buyer will be liable for payment of such purchases. No bid by an unregistered Buyer will be accepted by the auctioneer and the Buyer will have no claim to any of the vehicle he/she claims to have bought. The Buyer is responsible for all actions on his or her account and the use of his or her password.
30. WeBuyCars and the Buyer confirm that any action brought by WeBuyCars against the Buyer may be brought in any competent Court. This agreement will be governed in accordance with the laws of the Republic of South Africa.
31. A certificate issued by a manager of WeBuyCars, whose appointment and authority will not be necessary to prove, will be sufficient (prima facie) proof of the amount owing by the Buyer to us.
32. Any indulgence (lenience) granted by WeBuyCars will not prejudice (affect) its rights in terms of these Rules of Auction and such indulgence will not be seen as an amendment or waiver or novation (change) of these Rules of Auction.
33. The entries made in the vendor’s roll will be prima facie (accepted, unless shown to be incorrect) evidence of the transaction and will be binding on WeBuyCars and the Buyer.
34. The bidder’s record and the vendor’s roll will be made available for inspection within a reasonable time after the auction at the office of the auctioneer during normal business hours free of charge.
35. Any vehicle may be withdrawn from the auction at any time before the beginning of the auction. If no bid equals or exceeds the reserve price, if any, the vehicle may be withdrawn from the auction.
36. WeBuyCars and the auctioneer accept no liability for any withdrawal of vehicles from the auction.
37. In the event of the sale requiring the consent of any statutory authority or any court of law, then this auction will be subject to the granting of such consent.
38. To the extent permissible in law, the Buyer hereby consents to the payment of attorney and own client costs in the event of any legal action being instituted against the Buyer by WeBuyCars.
39. Any agreement or addition/ variation or amendment which is in conflict with (different to) these Rules of Auction will not be binding on the parties unless it is confirmed in writing and signed by a manager of WeBuyCars.
40. If any clause or term of these Rules of Auction is invalid, unenforceable or illegal, then the remaining terms and provisions of these Rules of Auction will be deemed to be severable (removable) from it and will continue in full force and effect unless such invalidity, unenforceability or illegality goes to the root of these Rules of Auction.
41. Default by Buyer: Should the Buyer refuse or otherwise fail to pay the purchase price within 2 business days from the date of the auction, WeBuyCars will be entitled to:
    1. claim interest from the Buyer at the prime interest rate calculated from the date of purchase to date of payment; and/or
    2. repossess the vehicle to resell same at the risk of the defaulting Buyer who will be liable for all costs in connection with the resale and any loss or damage incurred, and will not be entitled to any profit that may arise from the resale; and/or
    3. institute legal proceedings for the payment of any amount owing or for the return of the goods in which event the provisions of clause 39.2 will apply; and/or
    4. claim specific performance and/or claim damages from the Buyer; and/or
    5. recover our legal costs from the Buyer calculated at the Attorney and own Client tariff as well as collection, tracing, storage and transport costs, and/or
    6. retain in pledge any goods or other property in our possession belonging to the Buyer as security for the due fulfilment of any obligation owed to WeBuyCars.
42. WeBuyCars and/or the auctioneer reserve(s) the right to change these Rules of Auction in writing or by announcement at the auction.
43. It is unreasonable to expect WeBuyCars to have discovered any unsafe characteristic, failure, defect or hazard, in any of the vehicles we sell having regard to our role in marketing the vehicles to consumers and the fact that we did not manufacture the vehicle. For this reason we cannot accept any liability for any failure in the vehicle or any consequential losses that may result from such failure.
44. By entering a bid any prospective Buyer binds himself or herself (agrees) to these Rules of Auction, as well as any special conditions of sale set out in t he auction catalogue.
45. By participating in and/ or registering for the auction and/ or providing personal information to us, you agree that we may process your personal information (including store and share), as set out in our Privacy Policy. This personal information may include but is not limited to your name, address, contact information, identity number, voice recording and images.
46. WeBuyCars is fully committed to the Consumer Protection Act. For ease of reference, please find a link to the Consumer Protection Act Regulations:https://www.gov.za/documents/consumer-protection-act-regulations