Terms & Conditions For Selling Vehicles
TERMS AND CONDITIONS OF SALE RELATING TO PRE-OWNED VEHICLES SOLD THROUGH WOODFORD BID (PTY) Ltd AUCTION PLATFORM
Please take note of the terms and conditions applicable to the sale of all vehicles (terms). These terms may be amended by Woodford Bid at any time, with the amended terms taking effect from date of its posting. These terms are applicable in addition to any agreement signed between Woodford Bid and The User for the usage of the Woodford Bid Auction Platform.
By using Woodford Bid Auction the User (Bidder, Seller or Purchaser) signifies assent to the Terms and Conditions.
The user who uploads a vehicle to the auction platform (referred to subsequently as the Seller) acknowledges that they have the legal authority to sell the vehicle, serving in a capacity including but not limited to being the owner of the vehicle, the employee of a business owning the vehicle and with power to execute a sale, or a representative of the owner with written permission to act on behalf of the owner.
The Seller agrees that the vehicle will be provided for collection at the buyer's expense and that the location of the vehicle is correct as described.
The Seller accepts the fee of R2,500 for using the auction platform, applicable in the case that a valid winning bid exists at the close of the auction, regardless of whether the sale was fully concluded to the point of transfer of ownership of the vehicle.
The following vehicles may not be loaded onto the platform for sale:
• Salvage vehicles, including vehicles that are insurance buy-outs/write-offs, or where previous ownership lay with an insurance or salvage company
• Vehicles with a Code 3 status
• Vehicles with SAP marks
The Seller agrees to an inspection of the vehicle by Woodford staff or any other delegated entity, if required, and that the vehicle will be brought to the location at the time stipulated.
Woodford reserves the right to decline the listing or sale of any vehicle added to the platform, including the right not to disclose the reason for declining. Woodford also reserves the right to investigate the status, condition and value of any vehicle through independent checks and third-party platforms, and offers no obligation to disclose the results of the investigations.
The Seller is entitled to withdraw their vehicle from an auction at any point before the closing time of the affected auction lot. Once the closing time has been reached and no more bids may be accepted, the Seller is duty bound to close out the sale and transfer of ownership, provided there are no conditions under which a sale cannot lawfully proceed, including but not limited to the misrepresentation of the Seller.
Notwithstanding delivery/collection, ownership in the vehicle shall remain vested in the Seller until all monies owing have been paid.
Vehicles must be paid for and collected within one calendar week of the auction closing. Should the vehicle not be paid for and/or not be collected the Seller reserves the right to re-list the vehicle for sale without notice to the Purchaser.
Transport and Collection Costs are for the Purchasers' account.
The Purchaser is required to be in possession of Dealer Trade Plates at the time of collection of the vehicle/s, failing which the Seller has the right to refuse delivery of the vehicle/s. Should delivery be given with the plates of the Seller on the vehicle, the Purchaser will be held liable for any fines or other costs incurred by the Seller from delivery.
The Purchaser acknowledges that the vehicle/s are sold "voetstoots" and that the requirements set put in Section 55 of The Consumer Protection Act No 68 of 2008 (CPA) is not applicable to the sale of goods at auction.
All bids are binding and irrevocable.
Bids may be inclusive or exclusive of VAT. Check the rules for each auction to determine if VAT will be charged on top of the winning bid price.
All sales are subject to confirmation.
The Purchaser acknowledges that whilst the Seller believes the date of first registration, the year of manufacture and the odometer reading to be correct the Seller gives no warranty as to the correctness of the information. The Purchaser specifically agrees that all references by the Seller to the year model of the vehicle has been determined by the Seller with reference to the date of liability of first licensing of the vehicle, as stated in, or will be stated in the form RC1 of the vehicle so issued or to be issued by the relevant licensing authority and not with reference to the year during which the said vehicle has been manufactured.
The Purchaser indemnifies the Seller and Woodford Bid against any possible claim from a customer of the Purchaser whether arising out of the Customer Protection Act No 68 of 2008 (CPA) or otherwise and agrees to hold the Seller and Woodford Bid harmless in this regard. The Purchaser acknowledges that the Seller and Woodford Bid cannot monitor the quality of the vehicle sold to the Purchaser and so the Purchaser shall take all necessary steps to comply with the terms of the CPA when the Purchaser on sells the vehicles to its customer.
If the Purchaser is required to return a vehicle to the Seller and cancel a transaction for any reason whatsoever the Purchaser acknowledges that it will have to immediately pay the Seller the full difference between the price it paid for the vehicle and the price at which the Seller will sell the vehicle to someone else and will also be liable for all costs that the Seller reasonably incurs to restock the vehicle.
In the event of a complaint by the User, or a dispute arising between the parties, as to the subject matter of any term or its interpretation, the User shall inform Woodford Bid in writing of the precise nature and extent of the complaint or dispute where after the parties will attempt to resolve the matter within seven business days, failing which any party may refer the matter to the relevant accredited Motor Industry Ombudsman and/or the High Court of South Africa.
In the event of the User being a company, close corporation, trust or other legal entity, I the user logged into Woodford Bid Auction, in my personal capacity, bind myself as surety and co-principle debtor with such legal entity being the User, which I herein represent, for the due fulfilment of all the legal entity's obligations, arising out of and in respect of these terms.
Under no circumstances shall Woodford Bid be liable for any loss arising out of or in connection with these terms or with the use of the information available from Woodford Bid (Pty) LTD.
Woodford Bid shall be entitled to terminate the User's use of Woodford Bid, modify or discontinue Woodford Bid Auction for any reason and without notice to the User.
All bids placed through Woodford Bid will be submitted electronically through the website and no alternative form of a bid will be accepted or considered valid for any reason whatsoever.
Where the auction is subject to a Reserve Price, the Seller has the right to reject any bid below the minimum Reserve Price.
By placing a bid the Bidder warrants that they have the ability and the intention to proceed with the purchase of the Goods. All bids placed by the Bidder constitute an irrevocable offer by the Bidder to the Seller and may not be withdrawn by the Bidder, unless otherwise agreed in writing by the Seller.
Woodford Bid and/or the Seller reserves the right, in its sole and absolute discretion and without reason to withdraw from an auction at any time before acceptance of a bid and/or to reject any bid received. If any particular Goods carry a Reserve Price then the Seller reserves the right to reject any bid submitted below that minimum Reserve Price.
In the event of equal and/or similar competing bids being received during an auction The Seller may, in their sole and absolute discretion, elect to accept one competitive bid over the other, elect to reject both the bids or withdraw the Goods from auction.
Each and every auction opens and closes at the times advertised for that particular auction. Woodford Bid endeavours to use its best efforts to notify a bidding subscriber, per short message service or electronic mail, if any higher bids are placed on the Woodford Bid Auction immediately before the advertised close time. Where such a bid is placed the User will have an additional 5 (five) minutes in which to continue bidding. The process referred to shall continue until the competitive bidding ends.
By way of an example and in order to clarify the provisions of this, if an auction is due to close at 16h00 and User Y places a bid at 15h59 then the bidding process will continue up until and including 16h04 and if a bid is then placed at 16h03 then the bidding process will continue up until and including 16h08. This process will continue until no more bids are placed on a particular vehicle within the last 5 (five) minutes of the auction (which continuation of the aforementioned competitive process shall be at the sole and exclusive discretion of Woodford Bid). Woodford Bid will not be held liable in the instance where the competitive process referred to above does not take place and the auction closes, for whatsoever reason, at the advertised time.
Notice of acceptance of a successful bid will be forwarded, by electronic mail, to the Bidder notifying him of his successful purchase of the Goods. The receipt of such notice by the Bidder shall bind him to purchase the Goods from the Seller at the amount bid by the Bidder on the Woodford Bid Auction.
Receipt of the electronic mail notice or SMS's referred to above sent as a result of, among other things, a website error or a defect in the website or server, and/or the cellular carrier or third party email provisioning service will not be binding on Woodford Bid and/or the Seller and Woodford Bid reserves the right to retract the notice in such circumstances. The Bidder shall have no recourse against Woodford Bid and/or the Seller in such circumstances whatsoever.
Claims arising from non-delivery of the electronic mail notice or SMS's referred to above failing as a result of, among other things, a website error or a defect in the website or server, and/or the cellular carrier or third party email provisioning service, will not be binding on the Seller and Woodford Bid. The User shall have no recourse against Woodford Bid and/or the Seller in such circumstances whatsoever.
Woodford Bid accepts no liability for any claim arising from any disruption, technical issue, or problem related to the online auction system, whether it is through network communication issues, system failure or non-performance, fraudulent, speculative, or mistaken bidding, or any other intrinsic or incidental issue arising from the usage of the Woodford Bid auction system.
Woodford Bid accepts no liability for User non-performance or reneging during any online auction.
Woodford Bid will further not be held liable for any intentional, or accidental, User non-performance, and will not entertain any costs or damages thereby incurred.
Woodford Bid reserves the right to suspend and/or ban any User found to have not acted in good faith or to have acted in any way fraudulently.
The auction system is presented as is, and has been deemed fit for its intended use by Woodford Bid.
Woodford Bid shall take reasonable steps to protect the personal information of the User collected by Woodford Bid through its website. For the purposes of this clause "personal information" shall be defined as detailed in the Promotion of Access to Information Act, 2 of 2000 ("PAIA"). The PAIA can be accessed at http://www.info.gov.za/view/DownloadFileAction?id=68186.
The personal information will not be made available to any third party without the Users' consent or unless required in legal process or proceedings or to protect the rights, property or safety of Woodford Bid or other parties. The User acknowledges that Woodford Bid will supply the Seller and/or Buyer and all other necessary third parties with the Users' personal information for the purpose of concluding a sale of goods.
The User agrees that the Woodford Bid may use its confidential information to communicate with the User from time to time, unless otherwise specified by the User in writing.
It is recorded that the website may use collection cookies and/or make use of tracking. All Users of the website accept that Woodford Bid may collect the Users' computer IP address in order to, among other things, measure the number of visitors to the Website for statistical analysis.
Each User is responsible for maintaining the confidentiality of their username and password, and is responsible for all activities that occur under that username and password. If the User discovers or suspects any unauthorized use of the username or password or any other breach of security, the User agrees to immediately notify Woodford Bid. Woodford Bid is not responsible for any loss or damage arising from the Users failure to protect or to keep confidential the username or password.
As a condition of use and access to this website, The User agrees not to use the Services for any unlawful purpose or in any way that violates these Terms & Conditions as well as any applicable South African Law currently in force. The User also agrees not to use the Services in any way that could damage, disable, overburden, or impair the Web site, or the associated networks, or interfere with any other party's use and enjoyment of any Services.
The User is provided with access to this Woodford Bid Auction in accordance with these Conditions and any orders placed by the User must be placed strictly in accordance with these Terms and Conditions.
The User warrants that: The Personal Information which the User is required to provide when the User registers as a customer is true, accurate, current and complete in all respects; and the User will notify Woodford Bid immediately of any changes to the Personal Information by contacting any of the Woodford Bid Customer Service Representatives by e-mail, or using our website contact form. The User agrees not to impersonate any other person or entity or to use a false name or a name that the User is not authorized to use.
The User agrees fully to indemnify, defend and hold Woodford Bid, and Woodford Bid's officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Terms and Conditions by the User or any other liabilities arising out of the User's use of this Website, or the use by any other person accessing the Website using the User's login credentials and/or your Personal Information.
Woodford Bid reserves the right to:
1) Modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to the User and the User confirms that Woodford Bid shall not be liable to the User or any third party for any modification to or withdrawal of the Website;
2) Change the Terms and Conditions from time to time, and the Users' continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is the responsibility of the User to check regularly to determine whether the Terms and Conditions have been changed. If the User do not agree to any change to the Terms and Conditions then the User must immediately stop using the Website.
To provide increased value to Woodford Bids' Users, Woodford Bid may provide links to other websites or resources for the User to access at the Users' sole discretion. The User acknowledge and agree that, as the User have chosen to enter the linked website Woodford Bid is not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
The User acknowledges and agrees that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in Woodford Bid.
The User is only permitted to use this material as expressly authorized by Woodford Bid.
The User agrees not to (and agrees not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
While Woodford Bid will use reasonable endeavours to verify the accuracy of any information Woodford Bid places on the Website, Woodford Bid makes no warranties, whether express or implied in relation to its accuracy.
The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and Woodford Bid make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
Woodford Bid makes no warranty that the Woodford Bid Auction will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Woodford Bid Auction. Woodford Bid will not be responsible or liable to the User for any loss of content or material uploaded or transmitted through the Woodford Bid Auction.
To the fullest extent permissible under applicable law, Woodford Bid disclaim any and all warranties of any kind, whether express or implied. This does not affect your statutory rights, nor does it affect your Contract Cancellation Rights. Woodford Bid will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
• Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
• Any loss of goodwill or reputation; or
• Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Terms and Conditions.
If any part of the Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Terms and Conditions.
No waiver by Woodford Bid shall be construed as a waiver of any proceeding or succeeding breach of any provision.