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CONDITIONS OF SALE<br />

The Nederburg Auction by<br />

Nederburg Wines (Pty) Ltd<br />

Reg No: 1950/039255/07<br />

1. These conditions of sale and all other<br />

notices, descriptions and statements<br />

concerning any lot of products are subject<br />

to modification prior to any bid being<br />

accepted.<br />

2. By making a bid, potential buyers<br />

acknowledge acceptance of the terms and<br />

conditions herein and any modification<br />

thereof.<br />

3. Only persons with a buyer’s card are<br />

entitled to bid. Buyer’s cards should be<br />

obtained prior to the auction and must be<br />

produced at the request of the auctioneer.<br />

Buyer’s cards will be issued to licensed<br />

liquor dealers or their duly authorised<br />

agents and not to the public in general.<br />

4. The auctioneer has the right to:<br />

a. depart from a sequence stated in the<br />

catalogue;<br />

b. offer two or more lots together; or<br />

c. withdraw any lot from the sale, without<br />

having to give any reasons for doing<br />

so.<br />

5. Bidding will commence with the<br />

lowest bid and will advance in<br />

accordance with successive higher bids<br />

until a bid is accepted by the auctioneer.<br />

The auctioneer will knock down a lot<br />

or groups of lots of products on offer<br />

to the person making such bid.<br />

6. The auctioneer has the right in his<br />

absolute discretion to accept a bid,<br />

provided that no bid for any lot below<br />

the Reserve price for the products will be<br />

accepted.<br />

7. All bids and final prices of products<br />

are exclusive of VAT. VAT will be added<br />

to the final purchase amount.<br />

8. Bids for each lot or group of lots<br />

offered must be made on the price for<br />

a single case unit in such lot or group of<br />

lots, irrespective of the number of cases<br />

on offer.<br />

9. The auctioneer has the right to rectify<br />

any mistake and to settle any dispute at<br />

his absolute discretion. The auctioneer may<br />

put any disputed lot up for auction again.<br />

10. The auctioneer gives no warranty<br />

in respect of the correct description or<br />

authenticity of any lot or product and shall<br />

not be liable in respect thereof.<br />

11. Nederburg gives no warranty in respect<br />

of the quality of the products and shall<br />

not be liable in respect thereof. Queries<br />

in respect of faulty packaging shall be<br />

considered by the auction office for a<br />

period of seven days after the auction date.<br />

12. Payment terms for the products shall<br />

be strictly COD. Normal credit and trading<br />

terms for account holders at Distell shall<br />

not apply.<br />

13. Ownership of the products shall<br />

remain with Distell until payment has<br />

been received in full. Nederburg shall also<br />

be entitled to withhold delivery of such<br />

products until payment has been received.<br />

14. Products sold to successful bidders<br />

shall be dispatched to the respective<br />

buyers as soon as possible after the<br />

auction. Every effort shall be made to<br />

dispatch a purchased lot within six weeks<br />

of the auction, but is not guaranteed.<br />

15. Products shall be dispatched in<br />

complete lots to the licensed address<br />

specified on the buyer’s card and split<br />

lots shall not be dispatched to different<br />

addresses.<br />

16. Collection of products shall be allowed<br />

on prior arrangement at the auction office.<br />

Such products shall be delivered at Distell’s<br />

116 117<br />

warehouse in Stellenbosch, at which stage<br />

the risk of any loss or damage to such<br />

products shall pass to the buyer.<br />

17. The auctioneer shall execute postal<br />

or online bids made on behalf of buyers<br />

unable to attend the auction at no extra<br />

cost. Such bids shall be executed in the<br />

following manner:<br />

a. bids are made in accordance with the<br />

postal bid forms;<br />

b. if no price is specified in the postal or<br />

online bid, lots shall be allocated to the<br />

postal or online bid at the highest price<br />

of actual bids at the auction or the<br />

reserve price, whichever is higher;<br />

c. if a price is specified in the postal or<br />

online bid, lots shall be allocated to the<br />

highest over all bid and in the event of a<br />

postal or online bid being equal to an<br />

actual bid made at the auction, the lot<br />

shall be allocated to the postal or<br />

online bid;<br />

d. successful postal or online bidders shall<br />

be notified in writing as soon as possible<br />

after the auction.<br />

18. Charity items purchased must be<br />

paid for on the day of the auction. All<br />

items, other than barrel items, must also<br />

be collected on the date of the auction at<br />

the buyer’s own cost.

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