Bloubul Auctions

Terms & Conditions

  • Bloubul Auctions gathers and uses certain information about individuals in line with the Protection of Personal Information Act (POPI) to provide a professional service to our customers and to notify customers of future auctions and sales. By registering as a Purchaser, you grant Bloubul Auctions permission in terms of the POPI Act to use your personal information for the above. For our full privacy policy click here.

  1. The purchaser regards these terms and conditions as binding on he/she/its executors, Legatees, Heirs, Successors in title and or assigned respectively, as specified during the announcements irrespective of whether he/she/it is present at the time such announcements are made. Special terms and conditions relating to each auction and/or to any of the lots may be announced prior to the commencement of the auction and/or during the auction.

  2. The purchaser will adhere to all relevant FICA requirements on auction.

  3. A refundable deposit is required to receive a registration card, the purchaser’s number, and the opportunity to bid on the auction. However, if the purchaser fails to settle their account after the auction concludes, as per clause 12 below, the deposit will be retained by the auctioneer.

  4. No individual shall be permitted to participate in the auction unless they have duly registered and obtained their respective registration card and number.

  5. Each bid constitutes an offer to purchase the specified quantity at the bid price. Once a bid is submitted, it cannot be withdrawn by the purchaser.

  6. The highest bidder accepted by the auctioneer shall be the purchaser if no reserve or confirmation is applicable.

  7. All sales are done in one of the following manners:
    7.1 NO RESERVE - means that there is no established minimum price for the item being auctioned. This means that no matter what the winning bid, the owner must sell it for that amount; or
    7.2 RESERVE - means a minimum price that must be attained for the bid to be accepted. In compliance with the National Consumer Protection Act and the Regulations thereto, Vendor Bidding is permitted at the auction, and the seller, auctioneer or a Vendor Bidder representing the seller or the auctioneer may bid up to an amount and not exceeding the Reserve price. If no bid equals or exceeds the reserve price, the property may be withdrawn from the auction
    7.3 SUBJECT TO CONFIRMATION - means that the owner must accept or reject the bid after finalisation of the auction. The Seller has 2 (two) business days (“the Confirmation Period”) to accept or reject the offer. No bid may be withdrawn after the fall of the hammer until the expiry of the Confirmation Period. During this time the offer shall be open for acceptance by the Seller or his agent and if the offer is accepted, the sale shall be deemed to be a sale by auction for purposes of the Act. Higher offers may be made prior to confirmation or registration of transfer (whichever occurs first). Such higher offers must be made to the auctioneer on the same terms and conditions as the offer on the auction, but the original bidder at the auction shall have the right to equal such offers which offer will be preferent to any other offers. The purchaser from the auction must exercise this right within 24 hours (excluding public holidays and weekends) after being so notified by the auctioneer, by submitting and equivalent offer and supplementing his deposit accordingly.

  8. No “ringing” shall be permitted. If the auctioneer suspects that the bidders are involved in such activity, he may suspend or terminate the auction, or prohibit those bidders suspected of such activity from making any further bids. In this context, “ringing” refers to a group of purchasers at an auction who collude to keep the auction price low by not bidding against one another.

  9. The auctioneer is entitled to correct any bona fide error in the conduct or conclusion of any sale or arising from any incorrect information to the items for sale. If the error is not capable of being corrected, then the auction shall be deemed not having taken place and no party at the auction will have any claims against the auctioneer or the seller arising from the cancellation of the auction.

  10. These Rules of Auction comply with the provisions of Section 45 of the Consumer Protection Act, 68 of 2008. Sub sections (1), (2) and (3) of this Section provides as follows:
    (1) In this section, “auction” includes a sale in execution of or pursuant to a court order, to the extent that the order contemplates that the sale is to be conducted by an auction.(2) When good are put up for sale by auction in lots, each lot is, unless there is evidence to be contrary regarded to be the subject of a separate transaction.
    (3) A sale by auction is complete when the auctioneer announces its completion by the fall of the hammer, or in any other customary manner, until that announcement is made, a bid may be retracted.

  11. All items are sold “voetstoots”. No representations or warranties are made by the auctioneer or the seller. The purchaser shall be deemed to have thoroughly examined the items and irrevocably accepted their condition and state thereof. Neither the seller nor the auctioneer provides warranties or guarantees of or makes any representations regarding the condition of sale of any items. Bloubul Auctions shall not be liable for any errors of description of any items. No refunds shall be made for any items, and no items may be returned after the purchase, regardless of the claim. It is specifically agreed that the sole responsibility of the Purchaser is to acquaint themselves and become familiar with the property they are bidding on.

  12. Risk on each item passes onto the purchaser on the fall of the hammer or acceptance of the highest bid, even though upliftment/delivery has not yet taken place. The purchaser shall bear the risk of items remaining at Bloubul Auction’s premises, in particular for any shortages or damage which may occur. The purchaser shall remove the items from Bloubul Auction’s premises within 3 (three) days of the auction, subject to full payment.

  13. The auctioneer shall have the right to control, regulate and record the auction. The recording of the auction shall be prima facie evidence of the auction proceedings.

  14. The auctioneer may accept or reject bids in his sole discretion without providing reasons. This would include rejecting an offer previously accepted by the auctioneer. In the event of a dispute between bidders, the auctioneer will have the discretion to put the property (movable/immovable) up for auction again and his decision shall be final and binding. The auctioneer may, without penalty or prior notice, withdraw any item(s) from any group of assets (“lots”) on auction at any time before the sale thereof or during the auction.

  15. The auctioneer’s vendue roll is final and binding and will be recorded for quality purposes and as prima facia proof on all bids accepted and should the Purchaser dispute any item on said roll, the onus of proof, is on the Purchaser.

  16. All accounts must be paid in full during or directly after the auction.

  17. No item/s will be removed from the premises unless the account of the purchaser is paid in full.

  18. The Auctioneer will ONLY accept the following payment options: Immediate payable EFT payments, DEBIT/CREDIT cards via speedpoint and payments via payment links initiated by Peach Payments. NO CASH will be accepted!

  19. An admin fee will be charged on all payments made by CASH or DEBIT & CREDIT cards.

  20. An admin handling fee of R500.00 per set of vehicle registration documents will be charged for each vehicle that a buyer buys on an auction held by Bloubul Auctions. This fee will be automatically charged to each account. 

  21. The bid price, as well as purchaser’s commission plus VAT thereupon is payable by the purchaser, unless otherwise stated.

  22. Items that have been paid for in full, may only be removed after the auction and not during the auction.

  23. If the items are paid for by way of EFT payment, the items may only be removed, after the amount is cleared and reflects in the Auctioneer’s bank account.

  24. Should the purchaser fail to remove any item after clearance of his payment, a storage fee of R350.00 plus VAT per item per day shall be charged to the purchaser. Furthermore, should any items purchased not be removed after a period of 21 (twenty-one) calendar days, the items will be sold by the auctioneer at the expense of the purchaser and without any further notice thereof to the purchaser.

  25. The premises of Bloubul Auctions or any venue where the auction is held, are entered at own risk and the Auctioneer is not responsible or liable for the damage or theft of any personal belongings before, during or after the auction.

  26. The purchaser shall be liable for the costs of repair for any damages caused by him to the auction premises or any other item while removing his purchases or otherwise.

  27. If the purchaser breaches any of these Conditions of Sale, he/she shall be liable to pay any cost incurred by the auctioneer because of the breach, including administration costs, storage costs, and legal costs as between the attorney and own client including collection commission.

  28. The purchaser chooses his domicilium citandi et executandi at the address supplied by himself during the registration process.

  29. The parties hereto consent to the jurisdiction of the Magistrate’s Court, in terms of section 45 read with section 28 of the Magistrate’s Court Act of 1994 as amended. Notwithstanding the foregoing, this shall not preclude either party from approaching the High Court of South Africa for any relief sought.

  30. These Conditions of Sale constitute the whole agreement between the parties as to the subject matter hereof and no agreement, representation, or warranty between the parties other than those set out herein are binding on the parties. The parties accepting these Terms and Conditions, confirm that they have read and understood all the terms and conditions contained herein and agree that they are bound hereto.

  31. No extension of time, waiver, indulgence, or suspension of any of the provisions of this agreement which any party hereto may have given shall be binding unless recorded in a written document signed by all parties.

  32. No indulgence which the auctioneer may grant to the purchaser shall prejudice or constitute a waiver of the rights of the auctioneer or the seller, who shall not thereby be precluded from exercising any rights against the purchaser which may have arisen in past or might arise in the future.

  33. Each registered purchaser agrees to pay a buyer’s commission of 10% on top of the price they bid for on the auction. Value-Added Tax (VAT) at 15% will only be calculated on the buyer’s commission, not the bidding price. . 

  34. The signatory (person who agrees to the Terms and Conditions) to this agreement, binds himself/herself as surety and co-principal debtor together with the company, close corporation, trust, association, or any other entity reflected on the face of the terms and conditions set forth more fully above for the due fulfilment by the principal debtor of all the principal debtor’s obligations and liability arising out of the sale of any goods to the principal debtor.