GENERAL CONDITIONS OF BUSINESS
Unieke Antieke (Pty) Ltd (“UNIEKE ANTIEKE”) is a Collectibles trader which also carries on business as Auctioneers. As Auctioneers, Unieke Antieke would usually act as Principal of a lot where Unieke Antieke owns or has a financial interest in any lot, but can also act as an agent of the seller. The contractual relationship of Unieke Antieke with prospective Buyers and Sellers are governed by:
The Seller irrevocably instructs Unieke Antieke to offer for sale at an auction all objects submitted for sale by the Seller and received and accepted by Unieke Antieke, and to sell the same to the relevant Buyer of the lot of which those objects form part, provided that the bid or offer accepted from that Buyer is equal to or higher than the reserve (if any) on that lot (subject always to 3.1.3) all on the basis set out in these General Conditions of Business. The Seller further irrevocably permits Unieke Antieke
to bid for any lot of which any of those objects form part as agent for one or more intending Buyers.
1.1.2 Unieke Antieke are authorized to retain any objects not sold on auction for a period of 7 (seven) days after the auction for the possible sale of such objects by Unieke Antieke by way of private treaty or otherwise pursuant to clause 3.1.3 below.
1.1.3 The Seller further irrevocably authorizes Unieke Antieke to offer for sale whether by private treaty or otherwise, and without any further instruction or notification to the Seller, within 7 (seven) days after the auction, all or any remaining objects submitted for sale by the Seller and received and accepted by Unieke Antieke in accordance with clause 3.1.1, which objects were not sold on auction, provided that the bid or offer accepted from that Buyer is equal to or higher than the amount that the Seller would have received had that lot been sold on auction at the reserve on that lot taking into account the deduction of the applicable Seller’s Commission and recoverable expenses for which the Seller is liable.
1.1.4 Unieke Antieke and the Auctioneer each have the right, at their absolute discretion, to offer an object referred to above for sale under a lot, to refuse any bid or offer, to divide any lot, to combine two or more lots, to withdraw any lot from an auction, to determine the description of lots (whether in any catalogue or otherwise), to store accepted objects at the auction premises or any other location as he may deem fit and whether or not to seek the opinion of experts.
1.1.5 Unieke Antieke shall not be under any obligation to disclose the name of the Buyer to the Seller, save for in instances specified in clause 2.6 above.
1.2 Estimated Selling Range and Descriptions
1.2.1 Any estimated selling range provided by Unieke Antieke to the Seller is a mere statement of opinion and should not be relied upon as a true reflection of the Hammer Price which a lot may achieve at an auction. Unieke Antieke reserves the right to revise the estimated selling range at any time.
1.2.2 The Seller acknowledges that Unieke Antieke is entitled to rely on the accuracy of the description of a lot as provided by or on behalf of the Seller.
1.2.3 Unieke Antieke shall not be liable for any error, misstatement or omission in the description of a lot (whether in any catalogue or otherwise), unless Unieke Antieke, its employees or agents, engaged in intentional misleading or deceptive conduct.
1.3 Warranties of the Seller
1.3.1 The Seller warrants to Unieke Antieke and the Buyer that:
1.3.1.1 He is the true owner of all objects and goods submitted for sale and/or is properly authorized by the true owner to do so, and that he is able to transfer objects and goods and title to all such objects and goods, free from any encumbrances and other third party claims, to the Buyer of the lot of which those objects form part;
1.3.1.2 He has complied with all requirements, legal or otherwise, in relation to any export or import of the lot, if applicable, and has notified Unieke Antieke in writing of any failure by third parties to comply with such requirements in the past.
1.3.1.3 The lot and any written provenance given by the Seller are authentic;
1.3.1.4 The lot is fit for its purposes and safe if used for the purpose for which it was designed and is free from any defect not obvious on external inspection;
1.3.1.5 To the extent that the Seller required any approval, license, consent, permit or clearance by law to be in possession of any lot or for the sale of any lot, he is in possession of a valid approval, license, consent, permit and clearance;
1.3.1.6 Notwithstanding any other provision of these General Conditions of Business, the Seller and Unieke Antieke, its servants or agents are not responsible for errors of description or for the authenticity of any lot, and no warranty or guarantee whatsoever is given by Unieke Antieke, its servants or agents, or any Seller to any Buyer in respect of any lot, and all express or implied conditions, guarantees or warranties are hereby excluded.
1.3.1.7 The Seller of any object forming part of a lot NOT held by Unieke Antieke at the auction premises (for example an aeroplane) warrants and undertakes to Unieke Antieke and the Buyer that the relevant object will be available and in a deliverable state on demand to the Buyer.
1.3.1.8 The Seller agrees to indemnify and keep indemnified Unieke Antieke and the Buyer against any loss or damages suffered as a consequence of any breach of these General Conditions of Business.
1.3.1.9 All gemstone listed on auction without any paperwork or certification could be either Lab-Grown or Natural and is not tests to determine this was not done. Therefore the buyer bids on his/her own discretion.
1.4 Commissions and Expenses
8.75% Buyer’s Commission, and 15% VAT on the Buyer’s Commission portion only (i.e. 8.625% in total), will be added to your invoice for the auction.
25.0% Seller's Commission, and 15% VAT on the Seller's Commission portion only (i.e. 28.75% in total), will be invoice to the seller after the auction.
Seller’s Commission at the prevailing rate at the time of consigning the item, as displayed on the consignment document, shall be payable by the Seller to Unieke Antieke in respect of the successful sale of each lot comprising of one or more objects submitted by the Seller for sale, with VAT added at prevailing rates to this Commission only. The Seller acknowledges that Unieke Antieke may also receive a Buyer’s Commission and other fees for or in respect of that lot. Without derogating from the Seller’s obligation to pay the Seller’s Commission and any recoverable expenses for which the Seller is liable, the Seller irrevocably authorizes Unieke Antieke to deduct from the Hammer Price of any lot the Seller’s Commission and all such recoverable expenses for which the Seller is liable, as agreed between him and the Unieke Antieke as soon as the Purchase Price, or part of it, is received and prior to the sale proceeds being paid to the Seller.
1.5 The Reserve Price
1.5.1 All lots will be sold without Reserve Price or minimum price unless a Reserve Price has been placed on a lot, in which event such lot will be offered for sale subject to the reserve. A Reserve Price shall only be placed on a lot if agreed in writing between the Seller and Unieke Antieke prior to the auction. A Reserve Price, once placed on a lot, may not be changed by the Seller without the prior written consent of Unieke Antieke. Should Unieke Antieke consent to an increase of the Reserve Price on a lot, Unieke Antieke reserve the right to charge the Seller an additional fee as the object may not be sold on auction as a result of the increased Reserve Price.
1.5.2 Where a Reserve Price has been placed on a lot and the Auctioneer is of the opinion that the Seller or any person acting as agent of the Seller may have bid on the lot, the Auctioneer may knock down the lot to the Seller without observing the Reserve Price and the Seller shall pay to Unieke Antieke the Buyer’s Commission and all expenses for which the Buyer is liable in addition to the Seller’s Commission and all expenses for which the Seller is liable.
1.5.3 Should no Reserve Price have been placed on a lot, Unieke Antieke shall not be liable if the Purchase Price of that lot is less than the estimated selling range.
1.6 Insurance
1.6.1 Unless Unieke Antieke and the Seller have otherwise agreed in writing, Unieke Antieke will at their discretion insure all objects, with the inclusion of motor vehicles, consigned to it or put under its control for sale and may, at its discretion, insure property placed under its control for any other purpose for as long as such objects or property remain at Unieke Antieke premises or in any other storage depot chosen by them.
1.6.2 If any payment is made to Unieke Antieke under the said insurance, in the event of loss or damage to any object, Unieke Antieke shall pay such amount to the Seller after deduction of the Seller’s Commission and expenses incurred by them.
1.6.3 In the event the Seller instructs Unieke Antieke not to insure a lot or property submitted for sale, it shall at all times remain at the risk of the Seller. In such an event, the Seller undertakes to:
1.6.3.1 Indemnify Unieke Antieke against all claims made or proceedings brought against them in respect of damage or loss to the lot of whatsoever nature and howsoever arising and in all circumstances, even when negligence is alleged or proved;
1.6.3.2 Reimburse Unieke Antieke on demand, for all costs, payments or expenses made or incurred in connection herewith. All payment made by Unieke Antieke in connection with such loss, damage, payments, costs or expenses shall be binding on the Seller as conclusive evidence thereof that Unieke Antieke was liable to make such payment; and
1.6.3.3 Notify any insurer of the existence of the indemnity contained herein.
1.7 Payments for the Proceeds of Sale
1.7.1 Unieke Antieke shall only be liable to remit the sale proceeds of a lot to the Seller thereof on the later of 30 (thirty) calendar days after the date of the sale of that lot OR 7 (seven) days after the date on which the full Purchase Price for that lot has been received by Unieke Antieke in cleared funds.
1.7.2 If the Buyer of a lot fails to pay the total amount due to Unieke Antieke within 3 (three) days after the date of sale of that lot, Unieke Antieke may give notice of this to the Seller of that lot and may request the Seller’s written instructions as to the appropriate course of action to be followed. Should Unieke Antieke deem it so appropriate, Unieke Antieke will assist the Seller to recover the total amount due from the Buyer. Should no written instructions be forthcoming from the Seller within 7 (seven) days after the request, the Seller hereby authorizes Unieke Antieke, at Unieke Antieke’s absolute discretion but at the Seller’s expense:
1.7.2.1 To agree terms for payment of the total outstanding amount
1.7.2.2 To remove, store and insure the lot sold;
1.7.2.3 To settle any claim by or against the Buyer on such terms as Unieke Antieke in their absolute discretion deem fit;
1.7.2.4 To take such steps as Unieke Antieke in their absolute discretion consider necessary to collect monies due to the Seller from the Buyer;
1.7.2.5 If necessary, to rescind the sale and refund any monies to the Buyer;
1.7.2.6 Should Unieke Antieke pay an amount equal to the sale proceeds to the Seller before having received full payment of the Purchase Price from the Buyer, ownership of the lot shall pass to Unieke Antieke.
1.7.2.7 If the sale of any lot is rescinded, set aside or cancelled by an action of the Buyer, and Unieke Antieke has accounted to the Seller for the sale proceeds, the Seller shall immediately refund the full sale proceeds to Unieke Antieke, who will in turn refund the Purchase Price to the Buyer and make the lot available to the Seller for collection. Any annulment, rescission, cancellation or nullification of the sale shall not affect the Seller’s obligation to pay the commission to Unieke Antieke and/or to reimburse any expenses incurred by Unieke Antieke.
.8 Withdrawal of a Lot and Withdrawal Fees
1.8.1 A Seller may only withdraw a lot from being offered for sale by written notification to Unieke Antieke at least 24 (twenty four) hours prior to the set date of the auction.
1.8.2 Upon receipt of proper notification of withdrawal as envisaged above, Unieke Antieke reserves the right to charge the full Seller’s Commission plus the full Buyer’s Premium to the Seller as a withdrawal fee, both calculated on the latest middle estimate of the selling price of the property withdrawn, together with VAT and all expenses incurred in relation to the property.
1.8.3 If a lot is withdrawn, the Seller shall arrange for the collection and removal of the lot at the Seller’s expense within 3 (three) days after date of the withdrawal, provided the Seller has paid the recoverable expenses and applicable withdrawal fee to Unieke Antieke.
1.9 Photography and Illustration
Unieke Antieke shall have the full and absolute right to illustrate, photograph or otherwise reproduce images of any lot submitted by the Seller for sale, whether or not in conjunction with the sale, and to use such photographs and illustrations at any time and in their sole and absolute discretion. The copyright of all photographs taken and illustrations made of any lot by Unieke Antieke shall be the sole and absolute property of Unieke Antieke and The Seller undertake to abide by all copyright applicable to any and all lots submitted for sale.
1.10 Unsold Lots
1.10.1 Unieke Antieke are authorized to retain any objects not sold on auction for a period of 7 (seven) days after the auction and may proceed to sell any such unsold lot during this period, be it by way of private treaty or otherwise, without any further instruction or notification to the Seller in terms of 1.1.2.
1.10.2 Where any lot remains unsold, Unieke Antieke shall notify the Seller accordingly and the Seller shall collect the lot at the Seller’s expense within 7 (seven) days after the dispatch by Unieke Antieke of a notice to the effect that the lot has not been sold.
1.10.3 In these circumstances, the Seller must make arrangements either to re-offer the lot for sale or to collect and pay all recoverable expenses and other amounts for which the Seller is liable.
1.10.4 Should the Seller fail to collect the lot within 7 (seven) days of notification, the Seller shall in addition be responsible for all removal, storage and insurance expenses.
1.10.5 Should the Seller fail to collect the lot within 1 (one) month of date of the notification referred to above, Unieke Antieke shall be authorized to sell the lot by private treaty or public auction, on such terms and conditions as they deem fit, without Reserve Price and to deduct from the Hammer Price all sums owing to Unieke Antieke, including (without limitation) storage, removal, insurance expenses, the expenses of both auctions, commission in respect of the auction as well as commission on the sale and all other reasonable expenses, prior to remitting the balance to the Seller or, in the event he cannot be located, placing it into a bank account in the name of Unieke Antieke for and on behalf of the Seller.
1.10.6 Unieke Antieke reserves the right to charge commission in accordance with the current rates on the bought in price plus expenses in respect of any unsold lots.
RULES OF AUCTION
2. Rules Relating To Advertising
2.1 All goods forming the subject of auction have been advertised in compliance with the regulations in such a manner that the general public has had a reasonable opportunity to become aware of the auction, the goods on offer, and these rules governing the auction.
2.2 A consumer may, at any time during ordinary business hours, request that the Auctioneer to provide him with access to an advertisement relating to the auction, and the Auctioneer shall forthwith, without charging any fee whatsoever, comply with such a request.
2.3 The Auctioneer may provide a Bidder with the website which will provide a copy of the full advertisement in a format generally used.
3. Auctioneer’s Obligation
An Auctioneer shall not:
3.1 allow bidding on an item or a lot if the auction thereof has not been advertised;
3.2 during an auction, deviate from the sequence of goods as advertised;
3.3 knowingly misrepresent, or cause or permit to be misrepresented, the value, composition, structure, character or quality or manufacture of the goods put up for sale at the auction;
3.4 hinder the access of any person to any advertisement; or
3.5 pay any other person in order to be appointed as Auctioneer, whether in general or for a particular auction, or in respect of any specific goods.
4. Bidding
4.1 The auction will commence at a published date and time, and will not be delayed to enable any specific person or more persons in general to take part in the auction.
4.2 The Auctioneer will, during the auction, announce the reason for the auction, unless the reason is the normal and voluntary disposal of goods by the owner.
4.3 The Rules of Auction will not be read out at the auction if:
4.3.1 the Rules of Auction were, where applicable, available to the general public at least 24 (twenty four) hours prior to the commencement of the auction;
4.3.2 in the case of a Closed Auction, were made available to all persons to whom an invitation to take part in that auction was issued; and
4.3.3 at an auction, other than an auction through the internet, the Auctioneer invites any person present to object to the Rules of Auction not being read upon, and no person does.
4.4 A person who attends at the auction to bid on behalf of another person must produce a letter of authority meeting the requirements of rule 26(3) of the regulations in order to bid on behalf of that other person.
4.5 An Auctioneer shall provide a prospective Bidder, whose name appears in the Bidder’s Record, with a Bidder number before he may bid, as well as ( excluding online auctions ) a paddle or other device to which that number is attached in such a way that it is clearly visible to the persons present at the auction.
4.6 The place where an auction is held shall be open and accessible to any member of the public, subject to the Auctioneer’s right to refuse a person the right to remain on the premises of Unieke Antieke in the event that that person repeatedly behaves in such a way so as to disrupt the auction.
4.7 An Auctioneer shall have a Vendor’s Roll in which all the details of the auction are recorded, which shall, as a minimum, include:
4.7.1 the advertising of the auction;
4.7.2 these Rules of Auction;
4.7.3 the Bidder’s Record;
4.7.4 a list of all goods on auction, including goods which were withdrawn from auction, if any;
4.7.5 the names of the Buyers, the goods, or lots bought and the prices paid in respect thereof;
4.7.6 the details of any challenges to the validity of the auction or the conduct thereof, and the particulars of the persons making such challenges, if available;
4.7.7 any items or lots not sold; and
4.7.8 the details of any Reserved Price or any matter contemplated in section 45(4) and (5) of the Act
4.8 A Bidder shall have the right to inspect the goods as contemplated in rule 28(5) of the regulations. Notwithstanding that the Auctioneer shall afford consumers a reasonable period of time and opportunity to inspect the goods on offer prior to the commencement of an auction, the Auctioneer may:
4.8.1 refuse or restrict access to such goods if the Bidder, after gaining access in any way, acts unlawfully or in contravention of these Rules of Auction; and
4.8.2 require the Bidder to adhere to or submit to any security measures reasonably applicable in the circumstances.
4.9 In making a bid, a Bidder shall be deemed to have made himself fully acquainted with the goods in the lot for which he bids. Neither the Auctioneer, Unieke Antieke nor the Seller accept any responsibility for the repair or maintenance of any goods sold at auction.
4.10 The Auctioneer shall, upon concluding the proceedings of an auction:
4.10.1 announce that the auction has come to an end;
4.10.2 sign the Vendor’s Roll; and
4.10.3 certify that the proceedings of the auction were to the best of his knowledge, conducted in accordance with these rules, the regulations and any other applicable law.
5. Bidding Outcome
5.1 A Bidder making the highest accepted bid for a lot shall become the Buyer immediately as such lots have been knocked down to him and where the Buyer is an agent acting for a Principal, the Buyer and the Buyer’s Principal jointly and severally. Should there be any dispute whatsoever over, or in respect of, any lot the auctioneer shall be entitled to settle such dispute at his sole discretion which shall include, but not be limited to, the absolute discretion to re-sell such lot or declare any bidder to be the purchaser. No party shall have a claim for damages of any nature in the event of the auctioneer settling any dispute. The Auctioneer's decision is final and binding on all of the Buyers.
5.2 Once a bidder registered for an auction, the bidder binds himself in an agreement with Unieke Antieke (PTY) Ltd to settle payment for all lots that have been purchase by the bidder. Should the bidder not fulfill this agreement to settle all outstanding costs, then Unieke Antieke (PTY) Ltd have the right to hold the bidder accountable for all losses and costs involve to auction such items again.
5.3 The buyer agrees to settle the full invoice amount of the items purchased on auction. Failure to do this, the Auctioneer will held the buyer liable for all costs to re-auction items as well as the Buyers commission. The Buyer's auction account will also be blocked for future auction purchases.
6. Prohibited Conduct
6.1 No person may promote, facilitate, conduct, or take part in a mock auction.
6.2 No person may promote, organise, participate in or benefit from any kind of conspiracy between an Auctioneer, any participants in an auction, or any other persons who agree not to bid against each other at an auction or who otherwise conspire to decrease or increase the number or amounts of bids offered at an auction.
7. Liability
7.1 In a case where the Buyer is a consumer, these Rules of Auction will not:
7.1.1 exclude liability in respect of inaccurate information provided in the advertising of the auction;
7.1.2 exclude liability in respect of the rules of auction not meeting the requirements of the regulations; and
7.1.3 contain any qualification, reservation, or diminution of the requirements of the regulations save where such qualification, reservation, diminution is permitted in terms of the regulations.
7.2 In circumstances where a Buyer is not a consumer, neither Unieke Antieke nor the Auctioneer shall be liable for return, repair, refund or any costs howsoever arising for any defects, failures, unsafe or hazards in any offered or auctioned goods. All goods are auctioned or offered as they are or stand (voetstoets).
7.3 In circumstances where the Buyer is a consumer, and the Auctioneer is conducting an auction via the internet, the Auctioneer may not exclude liability if any goods purchased by auction are not delivered to the Buyer thereof.
8. Bidder’s Record
8.1 The Bidder’s Record and the Vendor’s Roll are available for inspection during normal business hours without the charge of a fee, and where possible, such record and roll shall be made accessible through the website.
8.2 An Auctioneer shall, for every auction, have a Bidder’s Record to record the identity of all Bidders at an auction
8.3 The Bidder’s Record is available for public inspection in respect of the names of the Bidders and the Bidders numbers only, at any time, free of charge:
8.3.1 during an auction, at the premises of Unieke Antieke; and
8.3.2 before or after an auction, at the premises of Unieke Antieke during normal business hours.
8.3.3 A prospective Bidder in an auction to be held via the internet or other electronic platform must register by providing:
8.3.3.1 his full names, identification or passport number, age, proof of physical address, internet protocol, address, and if applicable, login or name or password; and
8.3.3.2 the details of the means by which payment will be affected.
8.3.3.3 all lots will have an automatic bid extension if a bid is received in the last 60 seconds. The countdown timer will then reset to 60 seconds to ensure fair last second bidding.
9. Collection and Shipping
9.1 All items are to be collected within 7 days of close of auction and only if payment has been received in full. Collections can be made during office hours which is 09:00 to 17:00 (Weekdays) and 09:00 to 13:00 (Saturdays).
9.2 Unieke Antieke (PTY) Ltd can arrange packaging and shipping of the items at an additional cost to be determined on a case by case basis.
9.3 For more info regarding Collection and Shipping, you need to email unieke@antieke.co.za
9.4 Once auction invoiced has been paid, a shipping quote will be sent to the buyer and upon acceptance of the quote, the shipping will then be invoiced separately. Goods will only be dispatched once payment has been received in full. We allow 2 to 3 working days for items to be dispatched.
9.5 All items must be collected within 7 days from date of invoice. All items that are not collected within 7 days, will accumulate R10 ( Ten Rands ) storage cost per day from the 8th day which will be payable upon collection, unless arrangements had been made per email to unieke@antieke.co.za
9.6 All risk pertaining to the bought items will transfer to the buyer after day 7 if not collected.