Lot 22 1 X Hiromek HMK 102B backhoe loader

Tlokweng, Gaborone
+26771312330 / +26777390149
stockmanschoice.bw@gmail.com

Buyers and Sellers agreement to the Terms and Conditions:

In respect of all sales facilitated by The Stockmans Choice:

1. 1. All goods (hereinafter referred to as the “assets”) are sold by THE STOCKMANS CHOICE as agent on behalf of the seller, who hereby authorizes THE STOCKMANS CHOICE to collect the purchase price from the buyer.
   2. These rules apply to bidders as well as sellers and the terms and conditions will be deemed to be accepted by them on completion of contracts and or with registration as a bidder.
   3. Special terms and conditions relating to each auction, and/or to any of the lots may be available and be announced prior to the commencement of the auction and/or during the auction itself. The Buyer and seller shall be bound by all the terms and conditions specified during the announcements irrespective of whether he/she/it is present at the time such announcements are made.
   4. THE STOCKMANS CHOICE accepts no liability for any withdrawal of goods and animals from the sale, or for any express or implied statements or guarantees which may be contained in catalogues or advertisements be given verbally by its agents or employees, or by the seller.
   5. Buyers and Sellers must acquaint themselves with the Diseases of Animals Act of 1977. The Auctioneer and his agents act as the go between. Sellers must ensure that their animals are disease free especially of FMD before transporting any animals and delivering animals at the auction premises. It is the responsibility of the buyer to ensure that he/she is happy with the animal’s purchase and that they are free of disease, especially of FMD before loading any animals.
   6. Seller must act according to the Law on the Identification of Animals (Botswana Traceability System) as it is compulsory to mark animals by ways prescribed. On delivery sellers must provide a copy of their Animal Identification mark, proof of address, the seller’s ID. No cattle will be allowed that are not branded and if small stock not tagged correctly.
   7. All sales are “voetstoots”. Lots are sold without any warranty on an as is basis as the goods are to be purchased at a public auction (that includes live, online and telephone bidding).
   8. The obligation vest with the Buyer to acquaint himself fully as to the suitability for which the goods to be purchased is intended; the quality of the goods and the durability thereof with the property and with all its defects, whether latent or patent, no guarantees are given in this regard.
   9. The seller does not provide any warranties whatsoever on the fit-for-purpose condition or mechanical ability of any lot. It is recorded that the bidder has had an opportunity to inspect the lot (and thereby accepted the condition and state thereof) and has decided, of his/her own free will, to bid on a lot.
   10. The auctioneer shall not be personally liable in consequence of any representation made by him at or before the sale nor shall he be personally liable for breach of any warranty given by him, whether in regard to his authority to sell the property/assets in question or in regard to the quantity, quality or condition of the property in question.
   11. There is no duty on THE STOCKMANS CHOICE to affect any latent or patent repairs on any lot

• General Terms and Conditions:

1. The sale by auction is subject to a reserve price, unless specifically stated to the contrary by the Auctioneer.
2. Sellers commission and costs are applicable for the sellers account as agreed by the seller and THE STOCKMANS CHOICE.
3. Registration fee might be applicable for buyers at registration. Fee will be on advert or will be in the special terms and conditions.
4. Buyers Commission applicable. The percentage buyers commission will be either on the advert, in the special terms and conditions and will be announced by the auctioneer.
5. The Auctioneer shall at his own discretion be entitled to re-auction any lot should a dispute arise between the Auctioneer and the bidders over such a lot.
6. The purchase price excludes VAT and VAT must be added to the purchase price and paid by the Buyer, unless specifically stipulated otherwise by the auctioneer.
7. The Seller/s warrant that 1) it is the owner of the movable properties and 2) that the movable properties are unencumbered in any way whatsoever, either in part or a whole, and 3) that the movable properties are not subject to any lease, hire purchase or credit instalment sale agreement or any other agreement with a 3rd party or entity and may lawfully be auctioned by THE STOCKMANS CHOICE.
8. The Seller/s accepts and acknowledges that THE STOCKMANS CHOICE advertise the sale of listed assets, movable and/or immovable properties prior to the auction. Advertising budget is spent to attract a wide spectrum of buyers. Should items be withdrawn from the auction by the Seller/s, the Seller/s will be liable to pay to THE STOCKMANS CHOICE a 10% commission (excluding VAT) of the reserve price of the movable properties. The Seller/s shall in addition to this commission, be liable to pay to THE STOCKMANS CHOICE the pro rate advertising costs of any advertising done and/or placed by THE STOCKMANS CHOICE or charged to THE STOCKMANS CHOICE.
9. The Seller/s chooses as his/her/its chosen domicile citandi et executandi for all matters arising here from, the physical address reflected above.
10. The Seller/s shall not have any right, remedy or claim of any nature whatsoever against THE STOCKMANS CHOICE for any loss, damage (whether general, special or consequential), expense or injury which may be suffered by the Seller/s, directly or indirectly, arising out of or relating to this pre-auction contract, irrespective of whether or not such loss, damage, expense or injury shall have been caused by THE STOCKMANS CHOICE or any person for whose acts or omissions THE STOCKMANS CHOICE is vicariously liable. Without derogating from the generality of the a foregoing, THE STOCKMANS CHOICE shall have no liability to the Seller/s in respect of any such loss, damage, expense or injury which may be suffered by the Seller/s from any fire in or on THE STOCKMANS CHOICE Premises, or any theft from THE STOCKMANS CHOICE Premises, or arising out of vis major or casus fortuitous, or arising out of any act of omission of any employee, representatives and/or agents of THE STOCKMANS CHOICE which, or arising, in any manner whatsoever, out of the pre-auction contract.
11. The Seller/s hereby indemnifies The STOCKMANS CHOICE and each of THE STOCKMANS CHOICE Auctioneers employees, representatives and/or agent against any claim of any nature whatsoever which may be made against THE STOCKMANS CHOCIE or any such employee, representatives and/or agent by any of the Seller/s servants, employees, agents, invitees, customers, dependents and/or contractors arising out of any event or cause of any action referred to in herein.
12. Should any provision of this pre-auction contract [including any schedules and/or annexures (if any)] become unenforceable, such provision shall be severed from this pre-auction contract and the remaining provisions shall be of full force and effect.
13. Words signifying the singular shall include the plural and vice versa.
14. Any assets entered or offered for sale are subject to payment by the seller of the agreed commission, or in absence of agreement, the usual commission by the seller to THE STOCKMANS CHOICE at the rate customarily charged by THE STOCKMANS CHOICE from time to time, whether it was sold by auction or thereafter by the private treaty. Unless otherwise agreed in writing, commission shall become due and payable by the seller upon the fall of the hammer or upon the entering into of any private treaty involving the seller’s said assets, which ever date is the earlier and not withstanding any breach on the part of the seller. The seller authorizes THE STOCKMANS CHOICE to deduct commission before payment of any money to the seller.
15. If it happens that the buyer does not pay and whether the transaction is cancelled for any reason, THE STOCKMANS CHOCIE cannot pay a seller and will attempt to resell item.
16. Payments to sellers will take place 14 working days after the auction date, after the invoice is signed by the seller.
17. The purchase price is payable by the buyer to THE STOCKMANS CHOCIE by electronic transfer (EFT) on the date of sale (the payment date) unless other payment terms are agreed in writing between THE STOCKMANS CHOICE and the buyer.

The buyer shall not be entitled to withhold payment of the purchase price to THE STOCKMANS CHOICE as a result of any possible or pending claim that he may have against the seller on the grounds of misrepresentation or for any other reason whatsoever.

18. Any potential buyer must register and must be in possession of a buyer’s card.

1. In an event where buyers must register at an auction, and such registered buyers allow another person to purchase on his buyer’s card, the registered buyer shall be liable for payment of such purchases. No bid by an unregistered buyer will be accepted by THE STOCKMANS CHOICE and the buyer will have no claim to any of the assets allegedly purchased by him
2. Any person who purchases on behalf of a principal, must furnish THE STOCKMANS CHOICE with a “power of attorney” prior to the commencement of the sale. By failing to do that he will be personally liable for payment of any purchases made by him. The person bidding or signing on behalf of the buyer, pursuant to a successful bid, thereby 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 terms and conditions.

1. Subject to any reserve placed on any of the assets by the seller and the provisions, the buyer at any sale shall be the highest bidder indicated by THE STOCKMANS CHOICE by the fall of the hammer or by such other means as he may select.
2. Telephone bidding:
   1. Subject to a Buyer arranging with the Auctioneer before the auction and after completing the required documentation and paying the applicable registration fee, a Buyer bidding by phone deemed to accept these terms and conditions and to be bound and be bound thereby, shall then be permitted to bid by phone.
   2. The person who makes the bid by phone shall be deemed to be the buyer and shall be deemed to be personally liable for the payment of the purchase price.
3. All assets shall, immediately after the bid is being knocked down, be deemed to have been delivered to the buyer. The sale shall be final and irrevocably concluded, subject only to any suspensive terms and conditions as may be applicable to the lot. Notwithstanding delivery, the buyer shall not be entitled to remove any purchased assets unless:
   1. The Auctioneers invoice in respect of such assets, has been paid in full and has cleared in THE STOCKMANS CHOICE bank account. When buyers pay via EFT, payment release must be on the same day.
   2. The Buyer is in possession of a paid invoice and loading document.
   3. Provided that in the case all other items, including motor vehicle sales, requiring the completion and delivery of documents by the Seller or any third party, THE STOCKMANS CHOICE shall only be obliged to deliver such lots to the Buyer after the relevant original documentation has been duly completed and signed by the Seller or any third party, is in the possession of THE STOCKMANS CHOICE to hand over to the Buyer.
4. The risk of profit and loss and the obligation of care devolve onto the buyer when the bid is knocked down.
5. The buyer who shall at his own risk and expense, remove it from the sale venue.
6. If the buyer doesn’t collect items within the agreed time, storage costs will be applicable. If items need to be removed from the premises. All the costs will be for the buyer.
7. The bidder is buying by piece to take the lot unless otherwise announced by the auctioneer.
8. Once a bid has been made, it may not be withdrawn, unless it has been made and accepted in error by the auctioneer.
9. It is the responsibility of the bidder to ensure that he is fully aware of the lot and the specific goods or animals or items he is bidding on.
10. Should a cartage contractor remove any assets from the sale venue on instruction of THE STOCKMANS CHOICE, the contractor will be deemed an agent of the buyer who accepts all costs and risks connected with such removal.
11. The Buyer shall not be entitled to cancel the sale as a result of there not being timeous delivery or signature of the required documents. The Buyer irrevocably waives his/her/its rights in this regard.
12. THE STOCKMANS CHOICE shall be entitled, without penalty, to cancel the sale should the required documents not be signed and delivered to THE STOCKMANS CHOICE within 21 (twenty-one) days of the date on which the sale becomes unconditional the said 21-day period may be extended by THE STOCKMANS CHOICE for a further 14 (fourteen) days in THE STOCKMANS CHOICE sole and absolute discretion.
13. In the event of any Buyer failing to pay the full purchase price of any lots (“the sale price”) within the applicable time (as per the relevant announcement), and/or failing to remove the lots as aforesaid, and/or otherwise failing to comply with any of these terms and conditions, then, without prejudice to any other rights which THE STOCKMANS CHOICE enjoys, the Buyer shall be irrevocably forfeited to THE STOCKMANS CHOICE any deposit paid by the Buyer, for and on the Buyer’s behalf. THE STOCKMANS CHOICE shall in addition, have a lien over the lots and shall have the right to re-sell such lots without notice to the Buyer. Should THE STOCKMANS CHOICE re-sell such lots and should the net proceed thereof (after deducting commission and all costs incurred or to be incurred by having to re-sell the lot(s), be less than the sale price, the Buyer shall forthwith upon demand pay THE STOCKMANS CHOICE, as pre-estimated, liquidated damages, such difference, less any deposited forfeited. This shall be without prejudice to the Seller and/or THE STOCKMANS CHOICE rights to claim all amounts/damages which it/they may claim in law.
14. THE STOCKMANS CHOICE shall, under no circumstances, be liable to the Buyer for any losses or damage suffered by the Buyer as a result of the auction or termination of any sale concluded in respect of any lots in question, and/or the failure or inability of THE STOCKMANS CHOICE to deliver any of the lots.
15. The Buyer chooses as his/her/its chosen domicilium citandi et executandi for all purposes arising here from, the physical address reflected above.
16. The Buyer consents to the jurisdiction of the Magistrates Court. THE STOCKMANS CHOICE shall be entitled to institute an action in any competent division of the High Court of BOTSWANA if it elects to do so.
17. In the event of it becoming necessary for THE STOCKMANS CHOICE to take any action against the Buyer, the Buyer agrees to pay all the attendant costs and expenses incurred, including all legal costs incurred as between attorney and own client, should THE STOCKMANS CHOICE institute legal proceedings against the Buyer.
18. The auction shall take place under the exclusive control of THE STOCKMANS CHOICE. THE STOCKMANS CHOCIE reserves the right, in its sole discretion, to refuse the bid of any person, to regulate the bidding, to indicate the highest bidder and to vary the order of the sale at any time without giving reasons, therefore. 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 that he is in position to pay the purchase price or that he has made satisfactory arrangements for payment thereof. On refusal of a bid under such circumstances the assets may immediately be re-auctioned.
19. THE STOCKMANS CHOICE shall not be liable for loss or damage caused to or sustained in respect of any action by THE STOCKMANS CHOICE or its helpers, employees or agents, notwithstanding an undertaking to care for attempt to, to dispatch or deliver the assets.
20. The Buyer indemnifies THE STOCKMANS CHOICE against any claims or damages the Buyer may suffer relating to the lots, including but not limited to any errors of description of any of the lots.
21. The buyer shall, prior to the sale, ascertain whether there are any defects in the assets and any bid by a buyer shall be considered as acceptable for the assets with any patent or latent defects in their condition at the time of sale.
22. THE STOCKMANS CHOICE reserves the right to refuse any cheque as payment.
23. Notwithstanding delivery, ownership of the purchased assets will not pass to the buyer until the full purchase price plus interest, if payable, is paid.
24. Until all amounts owing by the buyer had been paid in full, the buyer hereby:
    1. Irrevocably undertake to identify the purchased animals in such a manner that he can at any time identify and indicate the assets deemed to be the property of and pledged to, THE STOCKMANS CHOICE.
    2. Grants THE STOCKMANS CHOICE access at all reasonable times to the premises where the assets are stored for the purpose of perfecting its pledge and exercising any other rights in terms of these terms and conditions.
25. The entries made in the, THE STOCKMANS CHOICE auction roll shall be prima facie evidence of the transaction and shall be binding on the seller and buyer.
26. Only representatives of THE STOCKMANS CHOICE are entitled to control and load items or animals out. Sellers and buyers are not allowed to do it themselves. No items or animals will be loaded during the auction.
27. Any agreement contrary to these conditions of sale shall not be binding unless it is confirmed in writing and signed by the management of THE STOCKMANS CHOICE.
28. The Buyer and Seller hereby acknowledges and confirms that he has read and understands all the foregoing conditions and in particular that he/she binds himself as surety for any principal for and on whose behalf, he may be purchasing goods at the auction.

• Online Sale Specific Terms and Conditions

1. There is a 1% (VAT exclusive) internet surcharge payable by the buyer on the hammer price.
2. THE STOCKMANS CHOICE Auctioneering Services’ Standard Terms and Conditions will apply to all lots, unless in contradiction with any terms set out in the Special Rules of Auction in which case the provisions of the Special Rules of Auction will apply. Posted on: www.stockmanschoice.co.bw
3. Goods sold by auction will be subject to a reserve price; however, goods presented for auction on the “Timed Auction” will have a minimum starting bid price which will be indicated on the online bidding platform. Any bid at or above the minimum starting bid price will be subject to confirmation.
4. The minimum bidding increment may vary per lot but is specified on the online bidding platform.
5. In respect of lots on the TIMED ONLINE AUCTION, the following additional terms and conditions will apply:
   1. Subject to the paragraph below, lots on the timed auction will close as per the specified date and time per lot as advertised on the online bidding platform.
   2. A lot will not close if a bid is received on the lot within a period of 2 minutes before the closing time as published. In this event, the closing time on the lot will automatically be extended for a further period of 2 minutes. The lot will only close if a final bid on the lot stands alone for a period of 2 minutes.
   3. The “fall of the hammer” on a lot for the purposes of the timed auction is defined as the date and closing time published on the online bidding and/or the Sellers’/ Auctioneer public website, alternatively at the date and time a final bid on a lot stands alone for a period of 2 minutes, whichever occurs last.
6. In respect of lots on the LIVE ONLINE AUCTION, the following additional terms and conditions will apply:
   1. This auction is live online with an auctioneer who will auction each lot.
   2. Buyers follow online by listening to the auctioneer and will also see the bidding on the screen.
   3. Buyers must register to take part in the auction, and they bid online.
   4. The auctioneer will close the bids and his decision is final.
7. Once a bid is made it cannot be withdrawn.
8. Neither the Auctioneer, the Sellers’ or the Auctioneer’s representatives will be liable for any failure in connectivity or software while using the online bidding platform.
9. Neither the Auctioneer, the Seller nor the Auctioneer of Sellers’s representatives will be liable for software failure of any nature.
10. Availability of goods and loading periods will be indicated on each lot.
11. Buyers will receive invoices by mail and goods must be paid within 24 hours after closing of the timed auction.
12. Cost for transport and insurance of the goods, permits will be for the Buyer’s own account, unless otherwise stated on each lot.

• Online Sales-Auctions: Terms and Conditions

1. This electronic trading platform will be conducted within the framework of the rules listed below and other provision that may be added by the administrator via e‐mail or as posted www.stockmanschoice.co.bw
2. This website and the materials provided to you through it are protected by copyright, trademark and other intellectual property rights and laws throughout the world.
3. You may access and use this Website solely for the purposes of use connected with the Services.
4. All contents of this Website including, but not limited to, the text, graphics, links and sounds are owned by THE STOCKMANS CHOICE and may not be copied, downloaded, distributed or published in any way without their prior written consent, except that You may print, copy, download or temporarily store extracts for your personal information or when you use the services.
5. The Buyer(s), The Sellers and THE STOCKMANS CHOICE agree that the terms listed below shall govern each and every online sale.
6. You are required to register as a user by completing the online “User Registration Page” on the Website and submitting it to THE STOCKMANS CHOICE.
7. You agree to ensure that your registration details are true and accurate and to update any details when necessary via the Website.
8. You may not use fake or fraudulent details to create an account to gain access to any function that THE STOCKMANS CHOICE offers on this site.
9. All registration information the Buyer and Sellers provide to THE STOCKMANS CHOICE shall be current, complete and accurate.
10. All Buyers must be 18 years of age or older. The Buyer agrees to not use any device, software or routine to interfere or attempt to interfere with the proper working of any transaction being conducted on and during any sale.
11. Passwords. You (the registered user) are solely responsible for keeping your personal username and password secure and confidential. You should not disclose your username or password to any other party. Once logged on using your username and password whether authorised or unauthorised, you take full responsibility for the ensuing transactions once access to the site is obtained. If you believe that your username and/or password have been compromised or you are aware of any other breach of security regarding the Site, then you must notify us (THE STOCKMANS CHOICE) immediately.
12. For all sales, settlement for payment for purchases must be made by electronic transfer of funds and made payable to THE STOCKMANS CHOICE. Account details will appear on all invoices and statements. All sales are subject to appropriate Sales Tax laws
13. Buyers from neighbouring countries acknowledge and agree that they may participate with written permission in advance. THE STOCKMANS CHOICE retain the right to demand a deposit on the intended purchase price. Buyers from neighbouring countries acknowledge and agree to submit in writing proof of an agreement with a quarantine station that will collect and keep such animals until time of export thereof.
14. Buyers must acknowledge and agree that they will not and cannot retract their purchase offer. Buyer shall be responsible for making all arrangements for merchandise pick‐up and/or removal per specific terms or conditions listed for sale. Please note that some removal times are short, be aware of removal times when you buy.
15. The descriptions of items/lots appearing on the platform and in advertising prior to the trading takes place are believed to be correct. Nevertheless, neither those descriptions nor any oral statements made by Owner/Seller or THE STOCKMANS CHOICE and employees concerning any item/lot shall be construed as a warranty, either expressed or implied.
16. ITEM/LOTS ARE ALL SOLD AS IS ‐ ‐ WHERE IS – HOW IS and WITH ALL FAULTS, known, apparent or otherwise.
17. Buyer acknowledges that all items/lots were available for video inspection prior to the sale and were satisfied. By these terms, Administrator and Owner/Seller strongly encouraged Buyer to carefully inspect each item/lot in which Buyer had any interest to determine the item/lot’s nature, quality, condition, sex percentages, quantity, size and grade.
18. All Buyers rely solely on their personal inspection and not on information listed on the Site or otherwise provided by THE STOCKMANS CHOICE and employees or Owner/Seller. Buyer’s failure to inspect, or otherwise to be fully informed as to the nature, quality, condition, quantity and size of any item/lot will not constitute grounds for any claim, adjustment, refund, termination of the contract for sale, or refusal to close the sale, against THE STOCKMANS CHOICE or Owner/Seller.
19. Therefore, if the Buyer is unsure – Do not Buy. The Site User Agreement constitutes the final expression of the parties’ agreement and a complete and exclusive statement of the terms of the sale. The IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE SPECIFICALLY EXCLUDED from this sale and transaction and shall NOT apply to the merchandise that is the subject of these sales.
20. THE STOCKMANS CHOICE do not have 100% control over the items/lots that are posted in the Site and cannot guarantee the authenticity and quality of all said products / lots on offer. If there is any clear misrepresentation from the Seller in terms of, but not limited to, health, quality, quantities, sex percentages or weight the Buyer needs to inform THE STOCKMANS CHOICE immediately.
21. THE STOCKMANS CHOICE will then either.
    1. Negotiate with the seller for a different price or.
    2. Cancel the sale agreement in total.
22. If THE STOCKMANS CHOICE in its sole discretion decides to cancel the sale, THE STOCKMANS CHOICE will/can.
    1. Put the lot up for sale again.
    2. Retain first right of refusal on any / all Lots presented on its sale.
23. THE STOCKMANS CHOICE is not responsible for the actions the Owner/Sellers and Buyers take before, during, and after the sale, typographical errors, misprints, loss of merchandise/money, damage or failure of equipment, due to your visit to this sale site. Use of this site is at your own risk.
24. Despite efforts to avoid the withdrawal of items/lots from the sale after they are listed it may sometimes be necessary. No adjustment will be made regarding merchandise/inventory after the item/lot has been removed from the premises or after the removal date posted by THE STOCKMANS CHOICE whether the property has been removed.
25. THE STOCKMANS CHOICE reserves the right, for any reason, in their sole discretion, to terminate, change or suspend any aspect of any sale.
26. THE STOCKMANS CHOICE reserves the right to hold and resell any asset or lot not paid for in full by the Buyer within 24 hours.
27. Failure to pay for item/lots bought on this online sale will result in legal action against Buyer by either the Owner/Seller and/or THE STOCKMANS CHOICE. Further, the Buyer may be banned from any future sales, which is solely in THE STOCKMANS CHOICE’ discretion.
28. THE STOCKMANS CHOICE reserve the right to reject any and all transactions, if they so choose.
29. The final buyer shall be designated at the end of each sale. THE STOCKMANS CHOICE’ designation of the Buyer shall be final.
30. As a Buyer, placing a bid/ buy / purchase is a binding contract between you and the Owner/Seller/THE STOCKMANS CHOICE and the buy/purchase cannot be retracted unless a director of THE STOCKMANS CHOICE cancels the transaction by informing the Buyer and Seller thereof.
31. Once you place a bid and are shown/indicated that you are the successful buyer, you will be obligated to buy the product at the said price you indicated as your bid/buy.
32. Placing a bid/buy on this Site and being indicated/shown as the Buyer and then not paying for the product could be illegal, and prosecution can result. THE STOCKMANS CHOICE reserves the right to judge each case on its own merit and reserves the right to cancel any sale transaction at its discretion.
33. THE STOCKMANS CHOICE reserve the right to cancel or withdraw any lot / offer at any time before, during or after the sale. THE STOCKMANS CHOICE reserve the right to reject any and all buys / offers to buy in their sole discretion without giving any explanation.
34. Buyer will be furnished with an electronic receipt at the conclusion of every sale. Buyer must therefore provide THE STOCKMANS CHOICE with Buyer’s current, correct e‐mail address, phone number, and physical address. SILENT- and LIVE WEBCAST AUCTIONS when items or animals or items are not physically at the auction:
    1. Livestock and or any other animal or item bought through Silent Auctions, becomes the full responsibility of Buyer as well as the risk goes over to the Buyer at the time of removal from:
       1. Sellers physical address given for the specific auction, or
       2. on delivery at the agreed designated delivery point or
       3. When loaded on the agreed transport between seller and buyer.
       4. Removal is at the expense, risk, and liability of the buyer. Any buyer who has someone, other than himself pickup his purchase, must notify THE STOCKMANS CHOICE in writing.
    2. If animals or items are not loaded within 24hrs after the starting date and time of the auction, the risk will be transferred to the buyer.
    3. Animals or items must be loaded within 24hrs after the auction. Before loading, all sellers must be in possession of a written authorization from THE STOCKMANS CHOICE that lots have been sold, and payment was made. After payment, the buyers will receive a removal document from THE STOCKMANS CHOICE confirming that payments were made on lots bought.
    4. Buyers must make sure about delivery and pick-up points of lots bought, as well as date and time when sellers might transport animals or items to designated locations. This will vary for each auction and each seller or lot. Make sure you are fully aware of this.
    5. Any items that are not available from THE STOCKMANS CHOICE for any reason will be refunded at the rate of purchase if payment has been made.
    6. Owner/Seller and THE STOCKMANS CHOICE agree that merchandise may remain on the sale premises for a period following the sale. The date by which all animals that were bought must be removed from the premises is posted on a sale‐by‐sale basis, on the specific sale page.
    7. The Seller agrees that he will do everything possible and grant access for the Buyer to collect animals bought on this site.
    8. Failure by the seller to allow the Buyer to collect items sold through THE STOCKMANS CHOICE can result in legal action against the seller.
35. With Live webcast auctions when animals or items are at the auction physically: The risk goes over to the buyer on the fall of the hammer.
36. It is the buyer’s responsibility to make the necessary arrangements for taking care of the animals and the removal of them after the auction.
37. It is the responsibility of the seller and buyer to make sure they have the necessary permits and documents to transport animals or items.
38. Transport arrangements are between sellers and buyers, and it is their responsibility to insure the items or lots in transit. THE STOCKMANS CHOICE TAKES NO RESPONSIBILITY or risks for any transport arrangements.
39. Sellers and buyers can take out insurance on animals or items.
40. After the final removal date, unless previous arrangements have been made, there will be a storage fee charged, per day, per item/lot to the Buyer on any lots not fully removed.
41. It is the responsibility of the buyer to completely remove any animals or items purchased by him and should any part of any such lot of animals be abandoned, the buyer will be liable for any expense involved in its removal.
42. THE STOCKMANS CHOICE can / will at its own discretion request a deposit from Buyers before they can make a bid in order to buy / Purchase.
43. THE STOCKMANS CHOICE gathers information about Buyers and Owner/Sellers for the purpose of conducting online sales only.
44. THE STOCKMANS CHOICE do not, and will not, sell or rent this information. THE STOCKMANS CHOICE uses email mailing lists to notify its customers about online and live sales. If you are receiving a mailing and wish to discontinue receiving future mailings, simply forward the received email to THE STOCKMANS CHOICE to have your name promptly removed from our list.

• Compliance with FICA requirements:

1. 1. All SELLERS and BUYERS are required to comply with the provisions of the FICA legislation.
   2. Accordingly, all parties will be required to provide THE STOCKMANS CHOICE with (as the specific instance outlined below may require) the following:
      1. DEALERS/COMPANIES (Close corporation / (Pty) Ltd)

• • Utility Bill with current business address (not older than 3 months)
  • Resolution letter confirming the registered representative/s can buy on behalf of the company
  • SARS letter with VAT Number (Notice of registration)
  • Owner’s ID Copy (all partners and members) as well as proof of private residential address (e.g., utility bill not older than 3 months)
  • Proxy details/BRN certificate/Dealer stocking certificate/Traffic Register certificate (from the License Department)
  • Proxy and representative’s ID copies

• Copy of Original CK/CM documents (to confirm the identity of all members or directors) PLEASE NOTE THAT PRINTOUTS SUCH AS WINDEED, DEED SEARCH etc WILL NOT BE ACCEPTABLE.

1. SOLE PROPRIETORS

• Utility Bill with current residential address (not older than 3 months)
• Owner’s ID copy
• Letter on a company letterhead confirming the existence of the business as a sole proprietorship.
• If registered for VAT, SARS letter with VAT Number (Notice of registration)

1. PARTNERSHIPS

• Partnership agreement
• Partners’ ID copies and Proof of residential address (not older than 3 months)
• SARS letter with VAT Number (Notice of registration)
• Proof of business address (not older than 3 months)
• Resolution letter (authorizing representative to buy on behalf of company)
• Proxy details/BRN certificate/Dealer stocking certificate/Traffic Register certificate (from the License Department)

1. PRIVATE BUYERS

• Utility Bill with current residential address (not older than 3 months)
• Registered buyer’s ID copy

1. TRUSTS

• Trust Deed.
• Letter of authority issued by the master of the high court.
• Authorization letter to buy on behalf of trust.
• Tax clearance certificate (if vat registered).
• ID’s of all trustees.
• Proof of address of all trustees (not older than 3 months).
• Proof of address of the trust (not older than 3 months)

1. NOTES:

• An affidavit may be submitted to confirm residence for those buyers that are residing or operating at someone else’s premises together with the premise owners ID copy.
• A marriage certificate for spousal address confirmation.
• Lease agreement for those renting from agencies.
• Passport copy, valid visa copy, traffic register certificates for foreign buyers.
• Driver’s licenses are not accepted as a form of identification (Bar coded ID Document)

• AUCTION TERMS & CONDITIONS:

• A buyer must register to obtain a buying card.
• A buyer is not allowed to share his buyers card with another person.
• The highest accepted bidder shall be the purchaser.
• Floor bidders & Online Bidders must submit a copy of ID document, to bid.
• The auctioneer has the right to withdraw any animal at any time.
• The Auctioneer reserves the right to bid on behalf of third parties, vendors & absentee bidders.
• The Auctioneer does not hold himself responsible for any errors in description.
• The auctioneer is in charge of the auction sale, and his decision will be final.
• On the fall of the auctioneer’s hammer, the animal becomes the responsibility and risk of the new owner, feeding, watering etc. All goods are sold without warranties.
• The transaction is final, and no negotiations will be entered into after the auction.
• It is a criminal offence to bid on something you cannot pay, thus if the bid falls on you, you will be held accountable. All sales are final.
• The Auctioneer is not responsible for any defects, nor Loss of any animals after the fall of the hammer.
• A bid shall be taken as proof that the bidder has made himself or herself acquainted with the conditions for lots, he or she bids.

• 14. Methods of Payments: Direct bank deposit:

  Credit debit Card payments. EFT: (electronic fund transfers) will be accepted.

  Payment Reference: Use name and surname.

  NO E-Wallet/ Cell to Cell or Cash payments will

  Be excepted.

• A 2.5% Service charge fee is applicable for Credit or Debit cards payments.
• Permit cost, transport, Police clearance arrangements are the buyer’s responsibility.
• The buyer must obtain the invoice; proof of payment and veterinary movement permits for collection of animals.
• As per catalogue some items are vatable 14% and some or non-vatable.
• All animals are sold as (VOETSTOOTS), what you see is what you get.
• Good/Animals not collected within 48 hours after the day of the auction will attract a standing fee charge of P300 per animal per day payable to: Stockman Choice
• All the risk of the animals left at the auction facility remains with the buyer.
• Animals may only be removed from the auction premises once the auction is finalized, and all outstanding balances due to Stockmans Choice has been settled in full.
• Should the buyer default in any way from the terms and conditions above, the buyer will be banned from further auctions within our network and will be liable to pay for all legal charges, to recover all incurred costs.
• The buyer here by gives written consent to the Jurisdiction of the court of Law in terms of any action that may arise in terms hereof.
• Once an online bid is made it cannot be withdrawn.
• For all Online purchases a 1. % Internet surcharge will be levied.
• The Purchaser shall not be entitled to cancel a sale. The Purchaser irrevocably waives his/her rights in this regard.
• After sales will attract a 2.5% buyers Commission Fee