Book your seat for our Auction. 

SOUND SELECT RULES OF AUCTION

Saturday, 29th June 2024, 6 Durham Street, Sydenham, Johannesburg from 09h00

1. 1. Auctioneer: 4 Tune Records (Pty) Ltd t/a Sound Select, hereinafter referred to as the "Auctioneer".
   
   Contact details:

Tel:      011 485 3639

Email: marketing@soundselect.co.za

2. 2.Auction Venue: The auction will take place at [Sound Select - 6 Durham Street, Sydenham, Johannesburg] on [29^th June 2024] from [09:00].

The auction shall commence promptly at 10:00am and will not be delayed to allow any person or persons to participate in the auction.

3. 3.Registration:
4. Participants must register prior to participating in the auction. Registration will require providing personal information and agreeing to these terms and conditions.
5. Participants must provide valid identification and contact information in accordance with the requirements of FICA, including a copy of their identity document or passport and proof of residence (not older than 3 months). The Auctioneer reserves the right to request any additional information and documentation from a participant to assist them in approving the participant’s request to register for the auction.
6. Any person who attends the auction to bid on behalf of another must provide the Auctioneer with a letter of authority to bid on behalf of that person. Participants bidding on behalf of a company, must produce a letter of authority on the letterhead of the company and must be accompanied by a certified copy of the resolution authorising them to bid on behalf of the company.
7. Right of admission is reserved. The Auctioneer reserves the right to refuse or revoke registration at their discretion. e. Registration will require signature of the bidders roll prior to commencement of the auction. The bidder’s roll will be made available for inspection at the auction and at the Auctioneer’s offices during normal business hours without the charge of a fee.
8. On registration the participant will be required to pay a non-refundable deposit of R[250]. Payment can be made by: Cash, EFT OR Card Payments. Deposits will be refunded to the participant if they have not bought anything on auction according to the vendor’s roll. The deposit will be forfeited where the participant defaults on payment.
9. All deposits and other monies belonging to participants (bidders and sellers) will be held by the Auctioneer in accordance with Section 65(2) of the Consumer Protection Act 68 of 2008, as amended (“Consumer Protection Act”), which requires suppliers to hold and account for consumers’ property/assets belonging to or ordinarily under the control of a consumer.
10. 4.Bidding:
11. Bidding increments will be determined by the Auctioneer.
12. All bids are final and binding. Once a bid is accepted, it cannot be retracted.
13. The highest bidder acknowledged by the Auctioneer shall be the purchaser.
14. The vendor’s roll will be made available for inspection at the auction and at the Auctioneer’s offices during normal business hours without the charge of a fee. e. All bidding will be in South African Rands (ZAR) unless otherwise indicated by the Auctioneer.
15. Any error by the Auctioneer shall be entitled to be corrected by them.
16. The Rules of the Auction, or a summary thereof, will be read out at the auction and a copy thereof will be available to all registered bidders and will be filed at the Auctioneer’s office for a period of 3 (three years). The act of reading a summary of the Rules of Auction by highlighting selected clauses for special mention at the auction should in no way, be construed as an omission or admission that the Rules of Auction are not important.
17. Every bid shall constitute an offer to purchase the goods for the amount bid, which the Auctioneer (or the seller where not the Auctioneer) may accept or reject in their absolute discretion.
18. The highest bidder, when the Auctioneer announces the completion of a sale by the fall of the hammer, or any other customary manner, is the purchaser of the goods or lots on auction. Should any dispute arise between two or more bidders regarding the identity of the highest bidder and purchaser, the decision of the Auctioneer will be final and binding on the parties.
19. 5.Reserve Price:
20. Some items may have a reserve price set by the Auctioneer. If the reserve price is not met, the item may not be sold.
21. The Auctioneer, if they are the seller, has the discretion to accept a lower bid. Where the Auctioneer is not the seller, the seller is entitled to instruct the Auctioneer to accept a lower bid for the goods.
22. 6.Lot of Goods

Each lot of goods at the auction will be considered as one transaction and each lot will therefore be a separate transaction to the other.

7. 7.Payment:
8. Payment must be made in full immediately following the close of the auction.
9. Accepted payment methods include cash, credit card, and other methods as determined by the Auctioneer.
10. All payments are for the benefit of the seller where the Auctioneer is not the owner or rightful holder of the goods being sold less any commission owing to the Auctioneer. Where the Auctioneer is not the seller, all monies paid to the benefit of the seller will be held in a trust account and will be paid to the seller less any agreed commission owed to the Auctioneer.
11. 8.Taxes: All applicable taxes will be added to the final sale price including value added tax.
12. 9.Inspection: All items are sold "as is," and it is the responsibility of the bidder to inspect items before bidding. No warranties or guarantees are given on second-hand or demo units. Bidders should not bid on any goods where they have not inspected the goods beforehand.
13. 10.Withdrawal: The Auctioneer reserves the right to withdraw any item from the auction at any time.
14. 11.Dispute Resolution:
15. Any disputes or discrepancies will be resolved at the sole discretion of the Auctioneer.
16. The auction and all associated matters are governed in accordance with the laws of the Republic of South Africa. All participants thereby consent to the jurisdiction of an appropriate South African court.
17. In the case of a dispute, a participants domicilium citandi et executandi shall be the address provided with registering for the auction.
18. 12.Liability:
19. Participants and attendees at the auction assume all risk and responsibility for their actions and enter the auction at their own risk.
20. To the fullest extend permissible under law, the Auctioneer shall not be held liable for any accidents, injury, loss, or damage to property or life whatsoever arising from any person’s attendance and/or participation in the auction..
21. 13.Risk in Items and Collection:
22. Risk on each item passes onto the purchaser on the fall of the hammer even though collection/delivery has not yet taken place. The purchaser shall bear the risk of items remaining at the Auctioneers premises, in particular for any shortages or damage which may occur. Items must be removed by the purchaser at their expense within 14 (fourteen) days after the auction.
23. Any items not removed within the specified time may be subject to storage fees or disposal or resold.
24. 14.Shipping: If shipping is offered, all shipping costs will be the responsibility of the purchaser unless stated by the Auctioneer.
25. 15.Modifications: The Auctioneer reserves the right to modify or amend these terms and conditions at any time.

By registering and participating in the auction, participants acknowledge that they have read, understood, and agreed to these terms and conditions.

16. 16.Advertising

The auction was advertised in compliance with regulations 19 and 20 of the Consumer Protection Act, and the advertisement was placed in such a manner that the general public has had a reasonable opportunity to become aware of the auction, the goods on offer and the rules governing the auction.

17. 17.Compliance

Insofar as the Auctioneer is aware, these terms and conditions and the auction hosted by the Auctioneer comply with all the requirements of section 45 of the Consumer Protection Act and its accompanying Regulations.

18. 18.General
19. The relationship of the parties, inter se, shall be governed by these terms and conditions and nothing contained herein shall be deemed to constitute a partnership, joint venture, employer/employee agreement, agency agreement, or the like between them. No party shall by the reasons of the actions of the other party incur any personal liability as co-partner to any third party.
20. This document contains the entire agreement between the parties in relation to the subject matter hereof.
21. No indulgence, leniency or extension of time granted by the Auctioneer shall constitute a waiver of any of the Auctioneer’s rights under these terms and conditions and, accordingly, the Auctioneer shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the client which may have arisen in the past or which might arise in the future.
22. Each sentence, paragraph, term, clause and provision of these terms and conditions and any portion thereof shall be considered severable and if for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.