Terms & Conditions
- Applicable law, policies and terms and conditions
1.1 This auction constitutes an auction as envisaged in Regulation 18(4)(b) to the Consumer Protection Act (“the Act”) where the goods for sale have been donated for sale and the proceeds of the auction are paid to a bona fide religious, educational, cultural, welfare, social or sports organisation or body which does not as its primary activity undertake commercial or business operations, with the result that the auction is not subject to those regulations pertaining to auctions in terms of the Act.
1.2 These terms and conditions, together with the policies and other terms and conditions applicable to this website, which are to be found at:
constitute the terms and conditions of a binding agreement between bidders and Hi-Tec once a bidder is registered in terms of the auction. If potential bidders are uncertain about any of the terms and conditions of the auction, or if they do not agree with the terms and conditions, they must refrain from participating in the auction.
1.3 This Agreement will be governed by the laws in force in the Republic of South Africa, especially that of the Act, and each party unconditionally submits to the nonexclusive jurisdiction of the courts of the Republic of South Africa in relation to any legal action, suit or proceedings arising out of or with respect to this Agreement.
2. Auction proceedings
2.1 The auction will commence on 18 July 2021 at 10h00 and will continue for 67 hours whereafter it will close for bidding.
2.2 Starting bids will be for a minimum amount of R5 000,00 and progress with increments of R500,00 until the close of the auction.
2.3 International users will also be able to bid, provided that their credit cards are 3D authenticated and payment will be deducted in South African Rands.
2.4 The highest bidder will be prompted to make payment after the auction is closed and will have 24 hours thereafter to pay. Failing payment from the highest bidder, the second highest bidder will be prompted to pay during a similar time frame, with the same process being followed to further lesser bids in the event of failure by the second highest bidder.
2.5 All proceeds from the auction will be received by Hi-Tec and paid to the Nelson Mandel Children’s Fund within 7 days of receipt of all payments in terms of the auction sales.
2.6 Bids are accepted and expressed in South African Rands and are exclusive of value added tax in force in South Africa.
2.7 All other applicable taxes, duties, costs, customs and other import duties and tariffs are payable by the successful bidders.
2.8 Hi-Tec has an absolute discretion to change the terms and conditions of the auction at any time by posting details of any changes on this website, which will be effective forthwith. By accepting the terms and conditions of the auction and, following notifications of changes thereto on this website, bidders are regarded to have agreed to be bound by any such changes and their participation in the auction will be deemed as their acceptance of those changes to the terms of the auction.
3.1 By participating in the auction, bidders agree and warrant that:
3.1.2 they have the legal capacity to purchase the goods and, will not be breaching any law in purchasing those goods or services;
3.1.3 they will not bid for the goods or services unless they are able, and have sufficient, available capacity to pay for those goods or services; and
3.1.4 the purchase of the goods in terms of the auction is, except as may be provided for in the Act, entirely at their own risk.
4 Conduct of Auction
4.1 Bidders may not engage in bid manipulation to unfairly induce any other person to make bids and/or manipulate the bid price;
4.2 No bids below the stated minimum bid will be accepted.
4.3 Registration of a bidder must be completed before any bid can be accepted. The highest bidder and winner, will be prompted to add in their credit card details only at check out.
5. Completion of Sale
5.1 Successful bidders will be notified electronically of their successful bids when the auction closes.
5.2 Risk in relation to the goods is passed onto the successful bidder when the goods are delivered to the successful bidder.
6. Participating legally in the auction
6.1 Bidders are deemed to represent and warrant to Hi-Tec that they are eighteen (18) years of age or over and of full legal capacity and thus capable of participating in the auction and performing their obligations under these terms and conditions. If bidders are under 18 years of age or if they are not legally permitted to enter into a binding and enforceable agreement, then they may not register as a bidder and participate in the auction.
6.2 If a bidder is a juristic entity, the bidder’s representative in terms of the auction represents and warrants to Hi-Tec that he/she has the power and have taken all corporate and other action required to participate in the auction perform its obligations in terms of these terms and conditions.
6.3 Hi-Tec strictly reserve its rights to refuse or reject or terminate a bid should Hi-Tec in its sole discretion find that the bidder has failed for whatsoever reason to comply with the terms and conditions of the auction, without prejudice to any other rights that it may have at law.
7. Disclaimer and Limitation of Liability
7.1 Notwithstanding, and in addition to any other provision in these terms and conditions, by participating in the auction bidders agree that Hi-Tec will not be liable to them or any other person for any loss, damage, expense, or other amounts incurred, by any person however arising (including where the cause cannot be determined), or whether it arose directly or indirectly from any authorised or unauthorised use of, access to, reliance on, or any inability to participate in the auction, or as a consequence of such use, access, reliance, or inability to access, including, but not limited to any loss relating to one or more, or a combination, of the following:
7.1.1 a failure, or error in the operation, of all or any part of this website and the auction, Hi-Tec’s computer systems, network resources, or any other computer systems or network resources to which they may be connected or upon which they may rely, or the taking offline of any of those computer systems or network resources for any reason;
7.1.2 that bids were not processed or accepted due to technical difficulties or for any reason whatsoever;
7.1.3 whether Hi-Tec or another person could have foreseen such a loss or type of loss, or were negligent or reckless, whether or not the loss was suffered in connection with a business or commercial enterprise, including, but not limited to, any economic or consequential loss or damage, any and all damage to, or loss of, any equipment, property, data, or other information possessed by bidders or any other person, any loss of profits, and any losses relating to contracts, business, revenue, goodwill, or any anticipated savings;
7.1.4 any reliance on, the information and material contained on this website about the goods or any other information or material whatsoever, or
7.1.5 any conduct, act or omission, whether negligent, reckless, or otherwise, whether within any actual, ostensible, or apparent authority or not, at all on the part of Hi-Tec’s employees, agents, or authorised representatives.
7.2 To the extent permitted by law, all terms, conditions and warranties or representations, or representation whether express, implied, statutory, common law or otherwise relating to auction or anything in these terms and conditions, are excluded unless expressly included in terms of these terms and conditions.
Hi-Tec’s acceptance and processing of successful bids will be final in its discretion and no disputes or negotiation regarding the outcome will be entertained or entered into.
9. Entire Agreement
These terms and conditions constitute the entire Agreement between Hi-Tec and bidders in terms of the auction.