Conditions of sale

The Nederburg Auction
Nederburg Wines (Pty) Ltd
Reg. No: 1950/039255/07

1.    These conditions of sale and all other notices, descriptions and statements concerning any lot of products are subject to modification prior to any bid being accepted.
2.    By making a bid, potential buyers acknowledge acceptance of the terms and conditions herein and any modification thereof.
3.    Only persons with a buyer’s card are entitled to bid.  Buyer’s cards should be obtained prior to the auction and must be produced at the request of the auctioneer. Buyer’s cards will be issued to licensed liquor dealers or their duly authorized agents and not to the public in general.
4.    The auctioneer has the right to:
4.1.    depart from a sequence stated in a catalogue;
4.2.    offer two or more lots together; or
4.3.    withdraw any lot from the sale, without having to give any reasons for doing so.
5.    Bidding will commence with the lowest bid and will advance in accordance with successive higher bids until a bid is accepted by the auctioneer. The auctioneer will knock down a lot or groups of lots of products on offer to the person making such bid.
6.    The auctioneer has the right in his absolute discretion to accept a bid, provided that no bid for any lot below the reserve price for the products will be accepted.
7.    All bids and final prices of products are exclusive of VAT. VAT will be added to the final purchase amount.
8.    Bids for each lot or group of lots offered must be made on the price for a single case unit in such lot or group of lots, irrespective of the number of cases on offer.
9.    The auctioneer has the right to rectify any mistake and to settle any dispute in his absolute discretion. The auctioneer may put any disputed lot up for auction again.
10.    The auctioneer gives no warranty in respect of the correct description or authenticity of any lot or product and shall not be liable in respect thereof.
11.    Nederburg gives no warranty in respect of the quality of the products and shall not be liable in respect thereof. Queries in respect of faulty packaging shall be considered by the auction office for a period of seven days after the auction date.
12.    Payment terms for the products shall be strictly COD. Normal credit and trading terms for account holders at Distell shall not apply.
13.    Ownership of the products shall remain with Nederburg until payment has been received in full.  Nederburg shall also be entitled to withhold delivery of such products until payment has been received.
14.    Products sold to successful bidders shall be dispatched to the respective buyers as soon as possible after the auction. Every effort shall be made to dispatch a purchased lot within six weeks of the auction.
15.    Products shall be dispatched in complete lots to the licensed address specified on the buyer’s card and split lots shall not be dispatched to different addresses.
16.    Collection of products shall be allowed on prior arrangement at the auction office. Such products shall be delivered at Nederburg’s warehouse in Stellenbosch, at which stage the risk of any loss or damage to such products shall pass to the buyer.
17.    The auctioneer shall execute postal or online bids made on behalf of buyers unable to attend the auction at no extra cost. Such bids shall be executed in the following manner:
17.1.    bids are made in accordance with the postal bid forms;
17.2.    if no price is specified in the postal or online bid, lots shall be allocated to the postal or online bid at the highest price of actual bids at the auction or the reserve price, whichever is higher;
17.3.    if a price is specified in the postal or online bid, lots shall be allocated to the highest over all bid and in the event of a postal or online bid being equal to an actual bid made at the auction, the lot shall be allocated to the postal or online bid;
17.4.    successful postal or online bidders shall be notified in writing as soon as possible after the auction.
18.    Charity items purchased must be paid for on the day of the auction. All Items, other than barrel items, must also be collected at the date of the auction at the buyer’s own cost.