CONDITIONS OF SALE
THE NEDERBURG AUCTION
Presented by Distell Limited, Trading as Nederburg Wines (“Nederburg”)
- 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.
- By making a bid, potential buyers acknowledge acceptance of the terms and conditions herein and any modification thereof.
- 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 authorised agents and not to the public in general.
- The auctioneer has the right to:
a. deviate from a sequence stated in the catalogue;
b. offer two or more lots together; or
c. withdraw any lot from the sale, without having to give any reasons for doing so.
- 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.
- 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.
- All bids and final prices of products are exclusive of VAT. VAT will be added to the final purchase amount.
- 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.
- The auctioneer has the right to rectify any mistake and to settle any dispute at his absolute discretion. The auctioneer may put any disputed lot up for auction again.
- 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.
- 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.
- Nederburg shall deliver the products to the delivery address specified by the buyer and indicated on the invoice, at which stage the risk of any loss or damage to the products shall pass to the buyer.
- Unless otherwise agreed to in writing, payment shall be made within 14 calender days of the date of invoice, for buyers within BLNS countries. Normal credit and trading terms for account holders at Distell Limited (“Distell”) shall not apply.
- Payment terms for buyers from other countries shall be 30 calender days from date of invoice, irrespective of the date of delivery.
- Ownership of the products shall remain with Nederburg until payment has been received in full. Nederburg shall also be entitled to withhold delivery of products until payment of an agreed upon deposit amount has been received.
- 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, but is not guaranteed.
- 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.
- Collection of products shall be allowed on prior arrangement at the auction office. Such products shall be delivered at Distell’s warehouse in Stellenbosch, at which stage the risk of any loss or damage to the products shall pass to the buyer.
- Charity items:
a. Anyone can participate in the charity auction. If you do not have a paddle, you may bid with a raised hand, but in the event that your bid is successful, you will be required to complete your details on a form that will be presented to you straight after the bidding has concluded.
b. Charity items purchased must be paid for on the day of the auction. The onus is on the buyer to collect all items, other than barrel items, at the close of the Saturday programme. (Items can be held by prior arrangement at registration until the purchaser departs for the day).
c. In the case of larger charity items, for example a bottle that is larger than a magnum (1.5 L), that is purchased by a buyer who resides outside of South Africa, it is recommended that the buyer make arrangements to ship the item to the delivery address to ensure safe, secure delivery.
- In the event of telephone and/or written bids, additional terms and conditions may apply.
- Provision must be made by all buyers for costs to transport wines purchased.
Note: The Nederburg Auction does not allow lots to be split.