Legal
Master Terms & Conditions
of Auction Sale
Isivuno Auctions Afrika (Pty) Ltd
These Terms and Conditions (“T&Cs”) govern all auctions conducted by Isivuno Auctions Afrika (Pty) Ltd (“the Auctioneer”). Registration, bidding, or participation in any auction constitutes full, irrevocable acceptance of these T&Cs.
This document operates in conjunction with the Consumer Protection Act 68 of 2008, the CPA Auction Regulations, and applicable South African commercial auction law.
Consumer Protection Act 68 of 2008
1
Nature of Transaction
1.1All goods are sold by public auction on behalf of the Seller.
1.2The Auctioneer acts solely as agent and never as owner or principal.
1.3The auction constitutes a Section 55(6)(a) transaction and is exempt from retail consumer warranty provisions.
2
Voetstoots & Condition of Goods
2.1All assets, including vehicles, are sold strictly “as is, where is, voetstoots”, with no warranties or guarantees expressed or implied.
2.2This includes latent and patent defects, whether known or unknown, visible or non-visible, including mechanical, electronic, structural, diagnostic, and software-related defects.
2.3Government-origin vehicles are typically Code 2 and Code 3 (rebuilt). This is fully disclosed and accepted by bidders.
All goods sold voetstoots. No refunds, exchanges or disputes based on condition will be entertained after the hammer falls.
3
Bidder Due Diligence & Certification
3.1Bidders certify that they possess sufficient skill, judgment, and knowledge to evaluate auction assets.
3.2Bidders warrant they have inspected, tested (where allowed), and investigated all goods prior to bidding, or voluntarily chose not to.
3.3Failure to inspect will not constitute grounds for cancellation, refund, dispute, or non-payment.
4
No-Reliance Clause
4.1Bidders acknowledge they do not rely on any oral statement, representation, WhatsApp message, catalogue entry, advertisement, or photos, except where expressly confirmed in writing.
4.2The Auctioneer disclaims liability for errors or omissions in descriptions.
5
Bidding & Sale Finality
5.1All bids are final, binding, and non-revocable.
5.2A sale is concluded upon the fall of the hammer or online system signal.
5.3No cancellations, withdrawals, chargebacks, or refusal of payment will be entertained under any circumstances.
Once the hammer falls, the sale is final. No cancellations or chargebacks will be accepted under any circumstances.
6
Risk, Title & Removal
6.1Risk transfers to the Buyer immediately upon acceptance of the winning bid.
6.2Title transfers only once full payment has cleared in the Auctioneer's trust account.
6.3Goods must be removed within three (3) business days or storage and forfeit penalties apply.
Risk passes immediately at hammer fall. Title passes only after full cleared payment in the trust account. Collect within 3 business days to avoid penalties.
7
Payment Terms
7.1Payment is EFT only.
7.2No release of assets without funds cleared in the trust account. Proof of payment is insufficient.
7.3Returned or reversed payments constitute fraud and will be prosecuted.
EFT only. No cash. No proof of payment releases assets. Funds must reflect in the Isivuno trust account before any release will occur.
8
Vehicle-Specific Provisions
8.1“Starts” means the engine turned over on arrival; it does not indicate roadworthiness.
8.2No on-site repairs, tampering, testing, jump-starting, or dismantling permitted.
8.3Buyer assumes full responsibility for registration, NaTIS delays, and licensing.
8.4Road use before certification is strictly prohibited.
9
Indemnity
The Buyer indemnifies and holds the Auctioneer harmless against:
Mechanical or engine failure
Roadworthiness issues
NaTIS delays or refusals
Insurance issues
VIN or engine number disputes
Structural damage or accident history
Any consequential, indirect, punitive, or special damages
10
Legal Liability & Dispute Resolution
10.1The Buyer agrees to jurisdiction at the Seller or Auctioneer's choosing.
10.2The Auctioneer may claim attorney-client costs.
10.3Bidders consent to recording, surveillance, and use of such evidence in legal matters.
11
Non-Disparagement
Bidders may not publish false or defamatory statements regarding the auction or Auctioneer. Breach entitles the Auctioneer to damages and injunction relief.
12
Corporate Buyers & Personal Surety
Where the Buyer is a company, CC, trust, or juristic entity, the signatory binds themselves as surety and co-principal debtor for all obligations.
14
Severability
Invalidity of any clause does not affect the remainder of this agreement.
15
Reserve Prices & Bidding Rights
15.1Where applicable, a reserve price may be set by the seller. The Auctioneer may withdraw any lot if the reserve price is not met.
15.2Unless expressly announced before the auction commences, neither the seller nor the Auctioneer may bid, nor may any person bid on their behalf.
16
Transfer of Immovable Property (if applicable)
16.1Sales of immovable property are governed by the Deeds Registries Act 47 of 1937. Ownership transfer occurs upon registration in the Deeds Office.
16.2The Buyer is responsible for conveyancing costs, transfer duties, and compliance with any municipal or regulatory requirements.
17
Governing Law & Jurisdiction
These Terms and Conditions are governed by the laws of the Republic of South Africa. Jurisdiction shall vest in the courts of the province where the auction is conducted.
Governed by the laws of the Republic of South Africa. Jurisdiction vests in the courts of the province of auction.
13
Electronic & Physical Consent
By registering or bidding, bidders expressly agree:
Electronically (click or tap consent)
By signature (onsite)
By continued participation
No person may claim ignorance or misunderstanding of these terms.
18
Final Release & Payment Clause
Critical Notice
NO VEHICLES WILL BE RELEASED WITHOUT FULL FUNDS REFLECTION IN THE ISIVUNO AUCTIONS AFRIKA TRUST ACCOUNT, EVEN IF PROOF OF PAYMENT IS SUPPLIED.
NO REQUESTS CAN BE MADE TO THE AUCTIONEER OR THE ADMIN STAFF TO RELEASE VEHICLES WITHOUT THE PAYMENT REFLECTING, AS THESE REQUESTS CANNOT AND WILL NOT BE ALLOWED.
Buyer Declaration
“I have read, understood, and irrevocably accept these Terms and Conditions. I acknowledge purchases are made voetstoots and accept full responsibility and risk.”
By participating, registering, or bidding, the bidder declares the above under oath (if required). This is a final legal instrument, enforceable in any court of competent jurisdiction within the Republic of South Africa.
Address
6 Hamilton Cres, Clifton Park
Gillitts, 3610
Gillitts, 3610