A GUIDE TO BUYING ON OUR AUCTIONS
Browse around our Riverhorse Valley saleroom: we have a large and fascinating selection of ever changing goods, from catering, general household and office furnishings to fine art, antiques, collectables, plant, machinery and vehicles. The day before the auction is the best time to view. All assets on auction are listed with images on our website at-least 36 hours before each auction so online viewing is very convenient.
Conditions of Sale
Please read the conditions of auction. There are some technical conditions which may need explaining. FICA requirements apply to every sale. Buyers to provide ID and proof of residence on registration. The rules of the auction comply with section 45 of the Consumer Protection Act, Act 68 of 2008.
Selecting your pieces
Select and inspect your goods carefully. All items are sold without duty to repair (as is) so if bidding online make sure you’ve made enquiries regarding condition. Each item will have a sale lot number. Make a note of this number, as it will be referred to when auctioned. Sales are conducted in numerical order.
Reserves/Estimated selling prices
Reserves are never disclosed as owners may on occasion withdraw or lower the reserve price prior to items being auctioned. However, should you require help in establishing an estimated selling price on an item, our management staff are experienced in this field and will gladly assist you. The auctioneer may bid on behalf of the seller up to a reserve value.
Buyer's number and Deposits
Prospective buyers are requested to register at the office prior to bidding. Registering will include completing a buyer's card, paying an acceptable deposit (per our conditions of sale) and collecting a buyer's number. A valid ID document and proof of residence is required. Deposits vary per auction, check online or enquire at the office. Your buyer's number must be kept on you, and shown to the Auctioneer clearly, every time you make a bid. If registering and bidding online, a deposit and further identification may be called for before bids are processed. Registration payment is by cash or bank guaranteed
When the Auctioneer asks for bids on your chosen item, raise your hand to indicate your bid. If the amount being asked is not clear to you, ask the Auctioneer to repeat the bid amount. Relax and enjoy the auction - don't be nervous! We want you to enjoy yourselves!
"Subject to Confirmation" Bids
After an item has been knocked down, the Auctioneer may announce that it has been purchased "subject to confirmation". This means that the reserve price or OEV (owner's estimated value) hasn't been reached, and we need to confirm with the owner whether the item may be sold for this lesser amount. The owner is contacted as soon as possible, and the buyer then advised accordingly. For this reason it is most imperative that details are filled in clearly on the buyer's card so that we can contact you.
If you are unable to attend an auction, please fill in a "commission bid" form and we will bid on your behalf. Such a bid will be subject to any reserve and other bids. Commission bids can and often are confirmed at less than your original offer. This procedure is very popular as it saves time waiting at the sale to bid. Telephone bids on major items are also an acceptable procedure. "Buy at any price" bids are not acceptable. Bids forms can be found at reception or cashiers desks and we are happy to provide advice on bid amounts.
Bidding Online www.dalesbros.co.za
If you are unable to attend any viewing or auction days but still wish to participate in the auction, all our auctions are catalogued with an image online. Registration is simple and quick and easy to manage. Add lots to your bid basket as you browse, acknowledge the standard conditions of auction and send. A confirmation email will automatically be sent to your email address, please double check and let us know timeously. Bids can be accepted right up to before the lot is sold but if not received in time we cannot be held responsible, recommended suggestion is an hour before each auction starts.
Buyer's Commission, buyers charges and VAT
Buyer's commission is charged on all items purchased. Although the majority of the goods for sale are non-vatable, those belonging to registered vendors are subject to VAT. These vatable items are marked with a dagger sticker. Please note that in accordance with Receiver of Revenue regulations, VAT is payable on all commission charged. Auto auction commissions carry separate commission and admininstrative charge structure. Minimum commissions apply per auction.
Payment and Removal
When you have completed your purchasing, proceed to our administration office where your account will have been prepared. On payment, you will receive the original and a copy of the invoice. The copy must be handed to the porter who will check and release the goods. Goods must be removed from the auction premises as soon as possible. Goods not removed within 24 hours of the sale day, will be placed in storage, accruing storage and handling charges. It is preferable to make use of your own transport. However, should you require, we have the facilities to transport almost anything, from delicate antique to a tractor. Payment can be made by EFT, credit and debit cards (Not American Express), bank cheques and cash (cash payments only at the bank). Only once payments have been cleared will invoices be issued and all charges are paid for. Please enquire about payment charges.
A GUIDE TO SELLING ON OUR AUCTIONS
Conditions of Acceptance
We become your agents by accepting to sell your assets, and to avoid any dispute, we have comprehensive conditions. These are to take care of your interests and ours. Our management staff are available to explain any queries you may have. Please check the back of your receipt or online for our conditions. You agree that all goods will be sold on our conditions of sale.
Collectors' or unusual pieces
Being in the market place, we are continually involved in the disposal of unusual pieces. On innumerable occasions we have come across disillusioned sellers who have disposed of their items to unscrupulous dealers, or simply sold their goods for a bargain. Particularly vulnerable in this category are the innocent elderly owners who are not aware of current values and prices. If you are uncertain as to the potential value of an item, our staff will assist you in this regard. We regularly find items “hidden” away that are worth something and you get the proceeds.
Reserves and OEV’s
You may place a reserve price on an article to prevent it from being sold for less than you expect/want. A reserve is a minimum hammer price at which that lot may be sold. Reserves must be reasonable and we may decline to offer goods which in our opinion would be subject to an unreasonably high reserve. An OEV (owner's estimated value) can be given which allows for a more flexible selling price giving the auctioneer a 30% leeway. If after 21 days of receiving your goods and no sale having been concluded, any reserves or oevs’s will automatically be removed and the lots sold to the highest bidder.
Removal of lots by the seller will incur charges at the auctioneers discretion, generally 20% of original reserve plus any expenses incurred
Valuations and Appraisals
Dales Bros have sworn appraisers and valuers available for all forms of work. We conduct work for probate matters and private matters. Where items are consigned for auction, valuation fees are often discounted or not applicable. If wanting a valuation on a complete household or office, enquire about our bulk valuation offering.
Transport of goods to auction
It is preferable to make use of your own transport, but should you require, we have the facilities to transport almost anything from a delicate antique to a tractor to our salerooms at very competitive rates.
Sellers Commissions and Charges
Seller's commission is charged on all items sold by us, with the exception of motor cars where an administrative fee is charged. All receipts carry a standard lotting/receipting fee. Please contact our offices for particulars. Commission charges vary between lots.
Banking details and Settlement
We endeavour to pay the proceeds of goods sold within 10 days from the date of the sale, or as soon as is reasonably possible after the total amount due is received from the buyer and all items on the receipt have been sold. Settlement is the net amount after commissions, receipt charges and or other charges. All monies are held in our Dales Bros Trust Account. Payment is made by way of non-transferable cheque and can be collected at the office or deposited into your account.
Real Estate Auctions
This specialised department, in which our company has been active for over 100 years, is managed and handled under the Dales Bros Real Estate division of the group. Please ask any staff for guidance on real estate issues and we’ll point you in the correct direction.
- Registration is free, simple and quick.
- By registering on dalesbros.co.za you will be entitled to bid on all the listed lots on the website, that are of interest to you
- Unlike other on-line auction sites, all stock is vetted by Dales Bros personal
- You deal with a company with a huge track record of honesty, service delivery and professionalism, rather than just any computer user.
- Registering on-line means you will not need to visit any of the Dales Bros branches or on-site auction venues, although please be advised that images can be deceiving and personal viewing is always encouraged.
- Once you are registered with us, you will not need to fill in any other forms again
- Dales Bros reserve the right to request a deposit from any online bidder at any stage of the bidding process and are entitled to refuse any bid at their sole discretion
- It is important to read our terms and conditions
- Leaving a bid is termed a “commission bid”, ie. you commission Dales Bros to bid on your behalf
- The bid you leave is the maximum amount that you are willing to bid up to. The key here is to be sure that if the bidding goes higher than your bid, that you are happy to loose out on not acquiring the lot. If you’re prepared to bid R100 more, do it, as there is nothing worse than loosing a bid when you would have paid more. ALWAYS LEAVE YOUR MAXIMUM BID.
- Leaving a maximum bid does not mean that the auctioneer will start at your bid on the auction and on many occasions, successful commission bidders have found that the knock down price, ie the highest bid, is quite a few bids below the maximum bid, thus saving you even more
- If your commission bid is really low compared to the auctioneers value of the lot, you may find that you will loose out on the lot, but it is advisable, even if you think the bid is low, to submit the bid, as the auctioneer may be under instructions to sell at any price and you find you have an absolute bargain
- Where commission bids are left on the same lot for of the same amount, the first bid received by us will get preference
- Commission bid forms are available at the reception counters at our branches if you wish to rather come in and view the items, but cant or prefer not to attend the auction
- Dales Bros offer a very competitive delivery service of any or all lots purchased to your home or office. We will be happy to offer you a quote after the auction
- After the auction, we will notify the commission bidders telephonically, with the results of their bids, as soon as possible, however you are welcome to phone the office at any time
ALL STANDARD CONDITIONS OF AUCTION APPLY, BUT PLEASE NOTE THE FOLLOWING FEW. IF YOU CANNOT MEET THESE CONDITIONS IT IS ADVISABLE NOT TO LEAVE BIDS, HOWEVER SPEAK TO US BEFORE THE AUCTION AND WE WILL TRY ACCOMMODATE ANY SPECIAL REQUIREMENTS.
- Please be aware of our buyer’s commission clause. (LINK HERE TO AUCTION DAYS, DEPOSITS AND COMMISSION –ITEM 14 ON SITE MODIFICATION)
- Payment by bank guaranteed cheques only. All major credit and debit cards are welcome, although we do not accept American Express or Diners Club. Should you pay by cash you will be requested to pay a cash deposit fee. Amounts of over R3000.00 must be paid directly into our bank account. No cash will be accepted on our premises. Please contact us if you require any clarification on payment options and terms.
- For deposits, EFT’S or other means of payment and you do not have the specific Dales Bros branch banking details we can supply them.
- All goods purchased must be paid for and removed by the close of business one business day after the sale. Goods not paid for within this period may be re-sold without recourse to the buyer and any deposits may be forfeited.
- Goods purchased, paid for and not removed, will attract storage and handling charges.
- All goods are sold VOETSTOETS and we will not entertain any claim whatsoever. Buyers must acquaint themselves with the conditions of the goods prior to bidding. This is particularly apparent with electrical or motorised items. Condition reports on electrical or motorised goods are not guaranteed as correct but to our best knowledge.
- Lots subject to VAT will be marked accordingly on the catalogue and with a dagger sticker on the actual item.
After a sale our staff’s primary function is to release goods to the buyers. If they are available they may load. Please note that there is no obligation on our staff to load. We will assist wherever possible, at the buyer’s risk.
- The Auctioneer – Dales Bros Auctioneers (Pty) Ltd
- The prospective buyer – any person who registers and attends the auction, whether to potentially buy on behalf of a company, close corporation, partnership, an undisclosed principal or personally.
- The buyer – any person who successfully bids for goods or a lot on behalf of a company, close corporation, partnership, an undisclosed principal or personally.
- Lots – a lot can be one item or a group of items
- Subject to confirmation – sold subject to the seller’s confirmation of the purchase price.
- All prospective buyers must register and, at the Auctioneer’s discretion, are required to pay a deposit at the prevailing rates to obtain a buyer’s number entitling him to bid.
- Buyers bidding on behalf of companies, close corporations, partnerships or undisclosed principals, do so entirely at their own personal risk.
- In the event of such company, close corporation, partnership or undisclosed principal not ratifying any purchase, the buyer shall be personally liable in respect of such purchase.
- Any buyer using the facility of a buyer’s card shall be responsible for all purchases made with such card, whether by himself or a third party.
- The Auctioneer acts in all respects only as an agent for and behalf of the seller.
- The Auctioneer does not warrant the correct description, authenticity or title of any item and is not liable for any defect, error of description, whether quantative or qualitative, whether made before, during or after the sale, or whether made orally, or in writing in respect of any lot.
- In the event of a negligent or fraudulent misrepresentation by the seller to either the Auctioneer or the buyer, the Auctioneer shall be entitled to cancel the relevant sale, and refund the purchase price in respect thereof to the buyer. However, if the Auctioneer has already paid out the seller, the buyer must seek relief from the seller.
- The buyer’s right of redress lies solely against the seller. The seller has indemnified the Auctioneer against all loss, damages, claims and costs (including costs on an attorney and own client scale) made against the Auctioneer of which the Auctioneers incur or suffer arising out of or in connection with any act or omission on the part of the seller.
- The person making the highest bid for any lot shall be the buyer thereof, subject always to any further conditions announced by the Auctioneer (eg. Conditions making the bid “subject to confirmation” or a reserve price)
- The Auctioneer shall have absolute authority in settling any dispute that arises between 2 or more bidders. The Auctioneer may, at his sole discretion, settle such dispute by declaring any one of the bidders the buyer, or by placing the lot up once again for auction, or by any other means that the Auctioneer in his sole discretion, considers expedient. The Auctioneer’s decision is final.
- The Auctioneer shall in his sole discretion be entitled to determine the minimum amount of each bid.
- No person shall retract his bid once it has been made.
- The Auctioneer shall have the authority to refuse any bid, to divide any lot, to combine any two or more lots, and to withdraw any lot.
- The seller and/or Auctioneer shall be entitled to place a reserve on any item, or to make any sale subject to the seller’s confirmation.
- The Auctioneer may bid on behalf of the seller and a prospective buyer.
- In the event of offers being received which in the opinion of the Auctioneer are not satisfactory, the Auctioneer reserves the right to sell the lot concerned subject to the seller’s confirmation. Such confirmation to be received by the Auctioneer not later than 16h00 on the 2nd business day following the day of the auction (excluding Saturdays, Sundays and public holidays). If the Auctioneer has not received such confirmation within the stipulated period, the offer shall automatically lapse and be of no force or effect.
- Verification of the confirmation shall be the responsibility of the buyer.
- Should a higher offer to purchase be received by the Auctioneer on an item which has been sold subject to confirmation, which the seller is prepared to accept, the Auctioneer shall notify the highest bidder of such offer. The highest bidder shall thereupon have the option to purchase at a sum equal to such higher offer. The highest bidder shall then be bound by his offer and subject to these conditions of auction.
- Immediately any lot is knocked down and a buyer declared, the sole risk in respect of the said lot shall pass to the buyer, and the Auctioneer is not responsible if the said item is subsequently lost, stolen, damaged or destroyed.
- All lots are sold voetstoots. Buyers must acquaint themselves prior to the sale as to the condition, identity and authenticity of each item, and should exercise and rely on their own judgment as to whether the item accords with its description or not. Attention is drawn to the seller’s warranty regarding auto auctions.
- The Auctioneer’s vendor roll shall be conclusive proof of the amount of the final bid and is binding on the buyer.
PAYMENT & REMOVAL
- The Auctioneer shall accept no responsibility should the buyer utilise the Auctioneer’s staff for loading purposes.
- Upon acceptance of the buyer’s bid, the goods are at the buyer’s risk and are to be loaded and removed at the buyer’s expense and risk.
- Immediately any lot is knocked down, and a buyer declared, the buyer shall pay the Auctioneer by bank guaranteed cheque or by other means acceptable to the Auctioneer, the purchase price which shall consist of the amount of his final bid (knock down price), plus the buyer’s commission, plus VAT on the commission, plus VAT on the knock down price (if applicable) all of which shall be at the prevailing rate on the day of payment.
- Lots on which VAT is payable by the buyer on the knockdown price are indicated with a dagger sign and/or announced by the Auctioneer. The prevailing rate on the day of payment will be applicable.
- Ownership of any lot shall only pass to the buyer after full and proper payment of the purchase price and any other costs have been made to the Auctioneer in terms of these conditions. This applies irrespective of whether the lot has been removed from the venue of the sale or from the Auctioneer’s custody.
- In the event of payment of the purchase price being made by cheque (not bank guaranteed) or electronic transfer, or any other means, the Auctioneer reserves the right to withhold delivery of such item purchased, until the Auctioneer’s bankers have cleared such payment.
- Any lot being paid by way of a financed contract shall not be released until all legal requirements are satisfactorily completed. In the event of the Auctioneer being required to attend to the formalities of such contract, an administration charge shall be levied. Delivery of any lot purchased may be withheld until the Auctioneer has received full and proper payment in terms of these conditions.
- All lots purchased and paid for at an auction shall be removed by the purchaser immediately at the conclusion of the sale, failing which the purchaser shall forthwith be liable to pay the Auctioneer the storage/handling charges in accordance with the Auctioneer’s prevailing rates, which are available on request. In the event of such charges not being paid within 7 days of the date of the auction, the Auctioneer shall be entitled to re-sell the lot without notice to the buyer. In this event, the buyer shall pay not only the storage/handling charges, but also the Auctioneer’s expenses, commission and further charges relating to the re-sale of the lot. This being done as if the lot was being sold on behalf of a bona fide seller, in terms of the Auctioneer’s standard Conditions of Acceptance of Goods.
- Should the Auctioneer for any reason be unable to give delivery of any lot, the Auctioneer shall be entitled to cancel such sale without prejudice to any right or claim for damages the seller or buyer may enjoy. The Auctioneer’s sole liability shall be the return of any deposit or monies paid on such non-delivered lot.
- In the event that a buyer fails to pay the full purchase price for the lot within the prescribed time, or fails to comply with any other term of the sale, the Auctioneer shall retain a possessory lien on all the lots of the buyer and all of the buyer’s goods in the possession of the Auctioneer. The Auctioneer may, without notice to the buyer, re-sell the lot or goods in possession of the Auctioneer either by public auction or private treaty, at the risk of the buyer. The buyer shall bear all the expenses incurred by such re-sale including but not limited to the Auctioneer’s collection charges, any attorney and client charges and interest that has accrued on the outstanding amount. Interest on all outstanding amounts shall be calculated at 3% above the prevailing prime overdraft rate as set by the Reserve Bank on the whole amount due from the date of sale to the date of payment.
- In the event of the purchase price in respect of the re-sale of the lot being less than the purchase price offered by the buyer, the buyer shall be liable to make payment of such difference on demand.
- In the event of a default payment and a deposit having been paid by the buyer, such deposit shall be forfeited.
- Every person on the Auctioneer’s premises at the sale venue before, during or after a sale is there at his own risk, and he shall have no claim against the Auctioneer in respect of any damage he may sustain through any cause whatsoever.
- The Auctioneer complies with all the applicable laws and regulations governing auctions, if any.
- Should the Auctioneer elect to institute proceedings in the High Court, the parties consent to the jurisdiction of the Durban and Coastal Local Division.
REDLYN BUSINESS PARK, 5 RIVERHORSE PLACE, LOWER GROUND 1 - 5, RIVERHORSE VALLEY, (OFF QUEEN NANDI DRIVE)
Pinetown Receiving Depot
CNR UNDERWOOD AND CAVERSHAM ROADS. PINETOWN
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