GENERAL TERMS AND CONDITIONS
- Definitions and Interpretation
In this Agreement the flilowing terms shall have the flilowing meanings:
||Means clilectively the personal/identifying information and credentials used by Users to access parts of the Website or bid on Items;
||Means an auction taking place on the Website;
||Means a User that places a bid on an Item;
||Means the additional amount payable by the Buyer to the Company as specified by the Company from time to time
||Means Value Added Tax that is payable on purchases, where applicable as specified by Zimbabwe Revenue Authority, currently at 15%.
Means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
||Means an item entered for auction on the Website on behalf of a Client/User;
||means a listing for an Item placed on the Website on behalf of a Client/User;
||Means a Client on whose behalf Hammer & Tongues is selling an Item on the Website.
||Means the winning bidder on any auction item
||Means clilectively any online facilities, tolis, services or information that the Company makes available through the Website either now or in the future;
||Means any online communications infrastructure that the Company makes available through the Website either now or in the future. This includes, but is not limited to, Item listings, Auctions, email addresses and online forms;
||Means any third party that accesses the Website and is not employed by the Company and acting in the course of their employment;
||Means any third party that accesses the Website and is not employed by the Company and acting in the course of their employment;
- All Hammer & Tongues auctions are conducted in US Dollar ($). The credit/debt card/VISA/money transfer of each winning bid will be charged in US$. The actual amount to be paid in your home currency will be determined by the prevailing exchange rate of our bankers.
- Warranties and Disclaimers
- Neither HT nor any of their officers, directors, employees or representatives represent or warrant
- That the service, including its content, will meet your requirements or be accurate, complete, reliable, or error free;
- That the service will always be available or will be uninterrupted, accessible, timely, or secure;
- That any defects will be corrected, or that the service will be free from viruses, “worms,” “trojan horses” or other harmful properties;
- The accuracy, reliability, timeliness, or completeness of any review, recommendation, or other material published or accessible on or through the service or the site;
- The availability for sale, or the reliability or quality of any products
- You acknowledge that due to the nature of the Internet, we cannot guarantee that access to the Website will be uninterrupted or that e-mails or other electronic transmissions will be sent to you or received by us.
- You expressly agree that use of this service is at your sole risk. To the fullest extent permissible under the applicable law, Hammer and Tongues (Pvt) Ltd and its affiliates disclaim all warranties of any kind, express or implied, including but not limited to, warranties of title, or implied warranties of merchantability or fitness for a particular purpose. Descriptions, whether verbal or written, or pictures supplied by the Auctioneers are intended as a guide only.
- We try to keep HT and its Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in HT’s Services may not occur in real time. Such functionality is subject to delays beyond HT’s control.
- You are solely responsible for keeping your personal username and password secure and confidential. You should not disclose your username or password to any other party. Once logged on using your username and password whether authorised or unauthorised, you take full responsibility for the ensuing transactions once access to the site is obtained. If you believe that your username and/or password have been compromised or you are aware of any other breach of security regarding the Site, then you must notify us immediately.
- Termination and Suspension
- In the event that any of the provisions of these terms and Conditions are not followed, HT reserves the right to suspend or terminate your access to the Service.
- Intellectual Property
- Website contents. All contents of this Website including, but not limited to, the text, graphics, links and sounds are owned by HT and may not be copied, downloaded, distributed or published in any way without their prior written consent, except that you may print, copy, download or temporarily store extracts for your personal information or when you use the Services.
- Applicable Law
- Any dispute arising out of your use of this Website or material or content from this Website shall be resolved according to the laws of Zimbabwe. Zimbabwean Courts shall have exclusive jurisdiction over all claims against HT.
- HT may amend this User Agreement at any time, and the amendments will be posted on the site. Changes take effect when they are posted on the HT site. Your continued use of this site after the changes have been posted means that you are in agreement with the changes.
TERMS & CONDITIONS OF SALE FOR VEHICLES/EQUIPMENT/GOODS
- Bidding and Buying
- The highest accepted bidder will be the purchaser, in all cases at the discretion of Auctioneer.
- A bid is an irrevocable offer made by a bidder to buy the listed item.
- Buyers are responsible for reading the full item listing before making a bid or commitment to buy.
- The Auctioneers reserve the right to accept or decline any bid/offer, withdraw any lot from the sale and to determine the progression of the bidding.
- The Auctioneers’ sale records are in all cases final, and The Auctioneers will be sole arbitrators in the event of any dispute.
- HT will not be held liable in any way for any loss or damage that you may incur as a result of such Item Listing, nor for any errors or omissions in the item listing. Use of and reliance upon the Item Listing is entirely at your own risk.
- All vehicles/equipment/goods are sold “voetstoets” or “as seen” and without any warranty. You understand and agree that the service is provided on an “as is” and “as available” basis.
- While every effort is made, prior to the sale, by the Auctioneers to establish and ensure the validity of ownership of items/vehicles/equipment, the Auctioneer does not accept responsibility for items/vehicles/equipment found to have been falsely entered for sale or any other encumbrances.
- Buyers are required to lodge a security deposit as prescribed by The Auctioneer, prior to bidding, which amount will NOT be refundable should the purchaser default in any way. The deposit payable will be 10% of the total bid that a buyer intends to make. For example, if a buyer intends to bid up to $1000, a deposit of $100 is payable prior to bidding.
- Payment is due immediately at the close of an auction. If payment is not made within 48 hours following the close of a sale, a 10% surcharge will be added to the invoice or the deposit will be forfeited, or both, at the discretion of The Auctioneers.
- For vehicles and associated equipment, the purchase price due from the Buyer shall be the aggregate of the winning bid plus 10% purchaser’s levy on the bid price and 15% VAT on the purchaser’s levy only. For example a winning bid $1000 plus 10% purchaser’s levy is $100, and 15% VAT on the purchaser’s levy is $15-total due from the buyer shall be $1115
- For general goods, the purchase price due from the Buyer shall be the aggregate of the winning bid plus 10% purchaser’s levy on the bid price and 15% VAT on the bid price and purchaser’s levy. For example a winning bid of $100, 10% purchaser’s levy of the bid is $10,, and 15% VAT on $110(the total of bid price plus levy) is $16.50. The total due from the buyer shall be $126.50.
- The Auctioneers reserve the right to act on their own behalf in, or for the recovery of money/monies owed/owing, in the case of dishonoured cheques, uncompleted or reversed transfers or any such similar circumstances.
- Completion of Purchases and Collection
- The Buyer will receive an email notification directly following the auction end time confirming that the buyer is the winning bidder.
- The buyer must make full payment for the winning lots at the conclusion of an auction
- The company will only release vehicles/equipment/goods when funds have cleared
- Responsibility for all vehicles/equipment/goods, and the safekeeping thereof, passes to the Purchaser on receipt of payment.
- All items purchased must be removed from the Auctioneers’ premises within 48 hours of receipt of payment, or as specified on each auction, failing which a minimum storage charge of $US5 cash per day per item will be levied. Vehicles/equipment/goods will not be released without an original invoice.
- The Auctioneers will provide assistance in the loading and dispatch of vehicles/equipment, if required. The Auctioneers’ staff will not, however be held responsible for any damage to items/vehicle/equipment during this process.
TERMS & CONDITIONS OF SALE FOR PROPERY
- The conduct of the auction is subject to the following conditions and the control of the AUCTIONEER who has the sole right to regulate the bidding procedure.
- Every bid shall constitute an offer to purchase the PROPERTY for the amount bid, which the SELLER or the AUCTIONEER may accept or reject in their absolute discretion. The SELLER and the AUCTIONEER are entitled, in their absolute discretion to withdraw the PROPERTY from the sale prior to acceptance by the SELLER.
- In the event of any dispute, the decision of the AUCTIONEER shall be final and binding.
- Any error by the AUCTIONEER shall be entitled to be corrected by him.
- The property is sold with reserve. If no bid equals or exceeds the reserve price, it may be withdrawn from the auction. The SELLER shall be entitled to instruct the AUCTIONEER to accept any lower bid.
- Only the AUCTIONEER or his agent shall be entitled to bid up to the reserve price on behalf of the SELLER, but shall not be entitled to make a bid equal to or exceeding the reserve price.
- No bid may be withdrawn prior to the expiry of the confirmation period, during which time the offer shall be open for acceptance by the SELLER.
- The bidder (“the Purchaser”) shall sign the “IRREVOCABLE OFFER TO PURCHASE IMMOVABLE PROPERTY” form, immediately upon being declared the winner by the Auctioneer.
- ACCEPTANCE AND CONFIRMATION
- The conduct of the auction is subject to the control of the AUCTIONEER who has the sole right to regulate the bidding procedure.
- he bidder’s offer shall be open for acceptance by the SELLER within 120 hours after the close of the sale.
- Either the SELLER or the AUCTIONEER may accept the bidder’s offer at any time prior to the expiry of the confirmation period (“acceptance date”)
- Should the SELLER reject the PURCHASER’S offer, the AUCTIONEER will repay the PURCHASER any deposit and commission paid.
- In the event of the sale requiring the consent of any statutory authority or any Court of Law, then this sale shall be subject to such consent.
- PURCHASE PRICE
- The PURCHASER is required to lodge a security deposit of US$10 000 (ten thousand United States dollars), in cash, bank transfer, VISA, master card or credit card prior to bidding, which amount will not be refundable should the PURCHASER default in any way.
- The purchase price of the PROPERTY, plus Purchaser’s levy and Value Added Tax (“VAT”), if applicable, shall be paid as follows:-
- A deposit of 10% (ten percent) of the purchase price to the auctioneer by the PURCHASER within 48 hours of being declared the winner. Should the Purchaser comply with all the terms and conditions of the sale, the aforementioned security deposit of US$10 000 shall be apportioned towards the 10% deposit of the purchase price with any balance remaining being apportioned towards the remainder of the purchase price.
- The balance of the purchase price shall be paid in cash, bank transfer, VISA, master card or credit card and secured, to the satisfaction of the AUCTIONEERS/ SELLER’S attorneys, by a written guarantee from a registered financial institution payable free of exchange against registration of transfer of the property into the purchaser’s name. The PURCHASER may elect to secure the balance purchase price by payment in cash, bank transfer, VISA, master card or credit card to the AUCTIONEERS/ SELLER’S attorneys, who shall hold the same in trust, pending registration of transfer into the name of the PURCHASER. The aforesaid guarantee shall be presented and/or shall be payable by the PURCHASER to the AUCTIONEERS/ SELLER’S attorneys within 120 hours of being declared winner.
- PURCHASER’S LEVY
- The PURCHASER shall be liable for and pay, in addition to the amounts payable in terms of Clause 3 above, a PURCHASER’S levy of 5 % of the purchase price (plus vat on the purchaser’s levy only), which levy shall be deemed to have been earned by the auctioneer and is payable immediately upon the signing of the declaration of acceptance of these conditions of sale.
- For avoidance of doubt, in the event of any subsequent cancellation of the sale or withdrawal from the sale by the PURCHASER for whatever reason, the PURCHASER shall remain liable for and pay the aforementioned purchaser’s levy which is due to the auctioneer.
- In the event of the sale being subsequently cancelled by the SELLER or as a consequence of default by the SELLER, then the PURCHASER acknowledges that it shall not be entitled to claim a refund of the purchaser’s levy from the auctioneer but may claim the same from the SELLER as part of a claim for damages arising out of breach of contract by the SELLER.
- RATES AND TAXES
- The SELLER shall be liable for all rates and taxes and other Municipal charges levied on the property for the period prior to the date of possession and the purchaser shall be liable for all rates and taxes and other Municipal charges levied thereafter.
- The PURCHASER shall refund to the SELLER a pro rata share of all rates and taxes paid in advance by the SELLER for the period after the date of possession, which refund shall be paid upon registration of transfer.
- TRANSFER AND COSTS OF TRANSFER
- Transfer of the property shall be passed by the SELLER’S attorneys as soon as possible after date of acceptance and full payment.
- All normal costs of transfer of the property including stamp duty and transfer duty if applicable and all other costs necessarily incurred shall be paid by the PURCHASER immediately upon request of the SELLER’S attorney.
- The PURCHASER undertakes to sign all necessary documents to register transfer of the property immediately upon request
of the SELLER’S attorney
- POSSESSION AND RISK
- Possession of the property shall be given by the SELLER and taken by the PURCHASER on registration of transfer provided that clause 3 above has been fulfilled, from which date all risks and benefits of ownership in respect of the property shall pass to the PURCHASER.
- The PURCHASER at their own expense, shall insure the property and improvements thereon for the full replacement value thereof from date of possession until date of registration of transfer against risk of loss or damage by any cause with an insurer acceptable to the SELLER. The SELLER’S interest in the property shall be endorsed against such policy for such period.
- REPAIRS AND IMPROVEMENTS
- Prior to registration of transfer, the PURCHASER shall not be entitled to effect any alteration to the property without the prior written consent of the SELLER.
- The SELLER shall not be obliged to compensate the PURCHASER for an authorized alteration effected in the event of the sale being cancelled.
- AS SEEN EXTENT AND REPRESENTATION
- The property is sold AS SEEN and subject to the terms and conditions and servitude mentioned or referred to in the current and or prior title Deeds and to the conditions of establishment of the Township in which it is situated and to the zoning applied to it under the Town Planning scheme. The SELLER shall not profit by any excess nor shall it be answerable for any deficiency in the extent thereof. Neither shall the seller profit by any excess nor shall it be answerable for any deficiency in the extent thereof. Neither the SELLER nor the AUCTIONEER shall be responsible for pointing out to the PURCHASER any Surveyor’s pegs or beacons in respect of the property.
- The PURCHASER hereby acknowledges that they have not been induced into entering into this agreement by any express or implied information, statement, advertisement or representation made by the AUCTIONEER or any other person or by or on behalf of the seller. The purchaser hereby waives any rights whatsoever which he may otherwise have obtained against the seller as a result of such information, statement, advertisement or representation made by or on behalf of the Seller.
- The PURCHASER acknowledges that he has fully acquainted himself with the property that he has purchased.
n the event of the breach of the conditions contained in this agreement by the PURCHASER, the SELLER shall be entitled to demand specific performance in terms of this agreement including but not limited to immediate payment of the full outstanding balance of the purchase price, or to cancel this agreement immediately and the purchaser shall be liable to the SELLER for damages which shall include but not limited to any and all additional costs associated with the re-auctioning of the property and any additional advertising costs, interest and damages suffered by the SELLER as a result of the PURCHASER’S breach and the subsequent cancellation of the agreement. The SELLER shall be entitled to retain any monies received by it as genuine pre-estimate of its liquidated damages.
- LEGAL COSTS
The PURCHASER shall be liable for all legal costs incurred by the SELLER and/or the auctioneer in enforcing the terms of this agreement, on an attorney and client scale.
DATA PROTECTION AND PRIVACY STATEMENT
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary for the fulfillment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.