The Purchaser acknowledges and agrees that these terms and conditions are binding upon him/her/its appointed executors, legatees, heirs, successors in title, and/or assigns, as specified during the announcements made, irrespective of whether he/she/it is present when such announcements are made. Special terms and conditions applicable to each auction and/or any of the lots may be announced prior to the commencement of the auction and/or during the auction.

The Purchaser agrees to adhere to all relevant FICA (Financial Intelligence Centre Act) requirements at the time of the auction.

A refundable deposit is payable to obtain a registration card, purchaser’s number, and the right to bid at the auction. However, should the Purchaser fail to settle their account after the conclusion of the auction, subject to Clause 12 below, the deposit will be retained by the Auctioneer.

No person will be permitted to bid at the auction unless they have obtained their own registration card and number.

Every bid placed constitutes an offer to purchase for the amount bid. Once made, no bid can be withdrawn by the Purchaser.

The highest bid accepted by the Auctioneer will constitute the Purchaser, provided that no “RESERVE” or “SUBJECT TO CONFIRMATION” conditions apply.

All sales will be conducted under one of the following conditions:

7.1 NO RESERVE – means there is no established minimum price for the item being auctioned. In this case, the seller is obligated to accept the winning bid, regardless of the amount.

7.2 RESERVE – means that a minimum price must be met for the bid to be accepted. In compliance with the National Consumer Protection Act and its Regulations, vendor bidding is permitted at the auction. The seller, Auctioneer, or a Vendor Bidder representing either party may bid up to the Reserve price. If no bid meets or exceeds the reserve price, the property may be withdraw from the auction.

7.3 SUBJECT TO CONFIRMATION – means that the owner must accept or reject the bid after the conclusion of the auction. The Seller has 2 (two) business days ("the Confirmation Period") from the conclusion of the auction 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 No bid may be withdrawn after the fall of the hammer until the expiry of the Confirmation Period.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 remains open for acceptance by the Seller or their agent. If the offer is accepted, the sale will be deemed to be a sale by auction for the purposes of the Act. Higher offers may be made prior to confirmation or the registration of transfer (whichever occurs first). Such higher offers must be made to the auctioneer on the same terms and conditions as the original auction offer. However, the original bidder shall have the right to match or equal such offers, and any offer made by the original bidder will take precedence over any subsequent offers. The Purchaser from the auction must exercise this right within 24 hours (excluding public holidays and weekends) after being notified by the auctioneer, by submitting an equivalent offer and supplementing their deposit accordingly.

No “ringing” will be permitted. If the auctioneer suspects that bidders are involved in such activity, they are entitled to suspend or terminate the auction, or prohibit the suspected bidders from making any further bids. In this context, “ringing” refers to a situation where a group of purchasers collude not to bid against each other in order to keep the auction price artificially low.

The auctioneer is entitled to correct any bona fide error in the conduct or conclusion of any sale, or arising from any incorrect information regarding the items for sale. If such an error is not capable of being corrected, the auction will be deemed not to have 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.

Compliance with Consumer Protection Act – These Rules of Auction comply with the provisions of Section 45 of the Consumer Protection Act, No. 68 of 2008. Subsections (1), (2), and (3) of this section provide 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 auction.

(2) When goods are put up for sale by auction in lots, each lot is, unless there is evidence to the contrary, regarded as 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.

All items are sold "voetstoots" (as-is). The auctioneer does not engage in the sale of specific items or property and, therefore, the goods are sold with defects, are previously owned, and/or are subject to repairs and/or restoration.

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 the condition and state thereof. Neither the Seller nor the Auctioneer makes any warranties or guarantees regarding the condition or quality of the items for sale. Bloubul Auctions shall not be liable for any errors in the description of any items. No refunds will be made for any items, and no items may be returned after purchase, irrespective of any claims. It is specifically agreed that it is the sole responsibility of the Purchaser to examine and familiarize themselves with the property they are bidding on.

Risk in each item passes to the Purchaser upon the fall of the hammer or acceptance of the highest bid, even if upliftment or delivery has not yet occurred. The Purchaser assumes the risk for items remaining at Bloubul Auctions’ premises, including any shortages or damage that may occur. The Purchaser must remove the items from Bloubul Auctions’ premises within 3 (three) days of the auction, subject to full payment.

The Auctioneer has the right to control, regulate, and record the auction. The recorded auction proceedings shall be considered prima facie evidence of the auction process.

The Auctioneer may accept or reject bids at their sole discretion, without providing reasons. This includes rejecting an offer that was previously accepted. In the event of a dispute between bidders, the Auctioneer has the discretion to re-auction the property (movable or immovable), and the Auctioneer’s decision shall be final and binding. The Auctioneer may, without penalty or prior notice, withdraw any item(s) from any group of assets ("lots") at any time before or during the auction.

The Auctioneer’s vendue roll is final and binding. It will be recorded for quality assurance purposes and as prima facie proof of all bids accepted. Should the Purchaser dispute any item on the vendue roll, the burden of proof lies with the Purchaser.

All accounts must be settled in full during or immediately after the auction.

No items will be removed from the premises unless the Purchaser’s account has been paid in full.

The Auctioneer will only accept the following payment methods: immediate payable EFT payments, cash, and debit/credit card payments via PayPoint.

An administrative fee will be charged on all payments made by cash, debit, or credit card.

The bid price, plus the Purchaser’s commission and VAT thereon, is payable by the Purchaser unless otherwise stated.

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

 If the items are paid for by EFT, they may only be removed once payment has cleared and is reflected in the Auctioneer’s bank account.

Should the Purchaser fail to remove any item after clearance of payment, a storage fee of R350.00 plus VAT per item per day will be charged. Furthermore, if any items remain uncollected for 21 (twenty-one) calendar days, the items will be sold to recover storage costs and other expenses incurred by the Auctioneer. No further notice to the Purchaser will be required.

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

The Purchaser shall be liable for the costs of repairing any damages caused by them to the auction premises or to any items while removing purchased goods or otherwise.

 If the Purchaser breaches any of these Conditions of Sale, they shall be liable for all costs incurred by the Auctioneer as a result of the breach, including administration costs, storage costs, and legal costs on an attorney-and-own-client basis, including collection commission.

The Purchaser chooses their domicilium citandi et executandi at the address provided during the registration process.

The parties consent to the jurisdiction of the Magistrate’s Court, in terms of Section 45 read with Section 28 of the Magistrate’s Court Act, 1994, as amended. Notwithstanding this, either party may approach the High Court of South Africa for any relief sought.

These Conditions of Sale constitute the entire agreement between the parties regarding the subject matter hereof. No other agreement, representation, or warranty between the parties, other than those set out herein, shall be binding. By accepting these Terms and Conditions, the parties confirm they have read, understood, and agree to be bound by them. 

No extension of time, waiver, indulgence, or suspension of any provision of this agreement, granted by any party, shall be binding unless recorded in writing and signed by all parties.

 No indulgence granted by the Auctioneer to the Purchaser shall prejudice or constitute a waiver of the Auctioneer’s rights, and the Auctioneer shall not be precluded from exercising any rights against the Purchaser that may have arisen or may arise in the future.

The signatory (the person who agrees to the Terms and Conditions) binds themselves as surety and co-principal debtor, together with the company, close corporation, trust, association, or any other entity reflected on the face of these Terms and Conditions, for the due fulfillment of all

obligations and liabilities arising from the sale of goods to the principal debtor.

These terms & conditions are subject to change at any given moment without prior notice. It remains the responsibility of each purchaser to visit our website for the most up do date info.

Updated on 29/09/2025.