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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.