Definitions and General Provisions 1.1. Landhouse Agriculture (Pty) Ltd. trading as Landhouse Properties (“Landhouse Properties”) will be referred to as such throughout this document. 1.2. These rules apply to bidders and sellers. By registering as a bidder or entering into a contract, all parties agree to these Terms and Conditions.
Authority and Representation 2.1. All goods (“assets”) are sold by Landhouse Properties as agent for the seller, who authorizes Landhouse Properties to collect the purchase price from the buyer.
Auction Terms 3.1. Special terms and conditions may apply to specific auctions or lots and may be announced before or during the auction. All buyers and sellers are bound by such announcements. 3.2. Landhouse Properties accepts no liability for the withdrawal of goods/animals or any express/implied statements in catalogs, advertisements, or verbally made by agents or the seller.
Animal Health and Identification 4.1. Sellers and buyers must comply with the Animals Disease Act, 1984 (Act 35 of 1984) and the Animal Identification Act, 2002 (Act 6 of 2002). 4.2. Sellers must ensure animals are disease-free, especially free from FMD, before transport. 4.3. Buyers must verify animal health before loading. 4.4. Required documents on delivery: Animal Identification mark, proof of address, seller’s ID, and Art 6-8 certificate/form.
Sales and Warranties 5.1. All sales are “voetstoots” (as-is) with no warranties, as permitted under Section 55(1) of the Consumer Protection Act 68 of 2008. 5.2. Buyers accept the condition of the lot and have the opportunity to inspect it. 5.3. Landhouse Properties is not liable for representations or warranties, nor responsible for latent/patent repairs.
Compliance with the Consumer Protection Act 6.1. Sales comply with Section 45 of the Act. 6.2. Auction terms include: a. Sale by lot = separate transactions. b. Completion = fall of the hammer or equivalent signal. c. Advance notice required for reserve price or right to bid by/for owner. d. Fraudulent transactions are challengeable in court. e. Minister may prescribe auctioneer conduct regulations.
Vehicles and Machinery 7.1. Auctioneer provides information (if available) on year, make, model, registration, engine/VIN, etc. 7.2. All vehicles/machinery sold “voetstoots.” 7.3. Odometer readings are not guaranteed. 7.4. Buyers must register vehicles in their name within 21 days of receiving the delivery note.
Auction Procedures and Disputes 8.1. Auction subject to reserve price unless otherwise stated. 8.2. Auctioneer may re-auction lots if disputes arise. 8.3. VAT is excluded from the purchase price unless stated otherwise.
Seller Warranties and Obligations 9.1. Seller warrants ownership and that the asset is unencumbered. 9.2. Withdrawal by seller incurs 7% commission (excl. VAT) and pro-rata advertising fees. 9.3. Seller indemnifies Landhouse Properties and its agents against claims.
Buyer Responsibilities and Conditions 10.1. Buyer must pay via EFT on sale date unless agreed otherwise. 10.2. No payment = no seller payout; item may be resold. 10.3. Payment delay voids any buyer claims. 10.4. Buyers must register and possess a buyer’s card. 10.5. Power of attorney required for representatives. 10.6. High bidder at fall of hammer wins the lot.
Telephone Bidding 11.1. Permitted upon prior arrangement and registration. 11.2. Buyer by phone accepts full liability.
Collection and Delivery 12.1. Risk passes to buyer at bid acceptance. 12.2. Buyer must pay and present documents before collection. 12.3. Buyer must collect within agreed timeframe; storage fees may apply.
Non-Payment and Breach 13.1. Non-payment forfeits deposit; Landhouse Properties may resell. 13.2. Buyer liable for shortfall and damages.
Legal and Dispute Resolution 14.1. Buyer consents to Magistrate’s Court jurisdiction. 14.2. Buyer liable for all legal costs if action taken by Landhouse Properties.
Auction Control 15.1. Landhouse Properties has full control over the auction process. 15.2. Right to refuse bids, regulate bidding, and vary sale order reserved.
Risk and Ownership 16.1. Ownership only transfers upon full payment. 16.2. Buyer must identify assets stored on premises. 16.3. Landhouse Properties may access premises to perfect its pledge.
Online Auctions 17.1. Rules available on www.landhouse.co.za. 17.2. Timed auction lots extend if bid is placed in last 2 minutes. 17.3. Buyer registration mandatory; online bid is binding. 17.4. Connectivity failures not the responsibility of Landhouse Properties.
FICA Compliance 18.1. All participants must comply with FICA requirements and submit: a. ID and proof of address b. Relevant company/trust documents (see original section for specifics)
Disclaimer and Liability 19.1. No warranties implied or expressed unless stated. 19.2. Inspection recommended prior to bidding. 19.3. Risk and insurance of goods during transport = buyer/seller’s responsibility. 19.4. Storage fee applicable for late removals.
Indemnities and Acknowledgement 20.1. Buyer indemnifies Landhouse Properties against loss or damage claims. 20.2. Terms may only be modified in writing by management. 20.3. Buyers and sellers confirm reading and understanding the terms.
