S40 Profile Railway Line Available

GENERAL TERMS AND CONDITIONS AND TENDER FORM, FOR TENDER SALE ON BEHALF OF OUR CLIENT

By bidding for any items included in the sale the bidder confirms that he accepts and is bound by the following terms and conditions:

1. Bids must be done on or before 20 July 2015 at 12h00 (CAT).
2. The Seller is the sole owner of these goods. Ryncor Auctioneers acts as an agent for and on behalf of the Seller and does not have any rights title or interest in the ownership of these goods and does not accept any liability to any third party with regard to these goods.
3. A “tender sale” is a private treaty sale in which the Seller reserves the right to refuse an offer at any time without any justification or explanation. The Seller reserves the right to merge or split some lots and to withdraw items from the sale.

* Ryncor reserves the right not to accept the highest bid or any other bid ! *

4. The Seller reserves the right to withhold delivery of items to any successful bidder until full payment is received.
5. Bids can be lodged in US Dollar or Euro. Should it not be indicated in which monetary unit a bid is lodged it shall be deemed to be in US Dollar.
6. A bid for lock-stock-and-barrel for all assets can be placed but should be clearly indicated as such.
7. Buyers will take full responsibility for the items as soon as final payment is received by Ryncor Auctioneers. Ownership, risk and profit in goods pass to the Buyer upon receipt of payment by Ryncor Auctioneers.
8. After the awarding of the winning bid(s), the purchase price and the applicable VAT is payable upon demand.
9. The purchase price for Buyers based in Spain, is subject to all applicable VAT and other Duties at the time of the sale.
10. Payment shall be made within 48 hours to Ryncor Auctioneer's bank account in South Africa:
Bank: ABSA BANK
Branch: Pretoria North
Branch code: 632-005
Swift Code: ABSAZAJJ
Account Number: 4066462915
Please state your reference number (Example: TEN 001) as shown on the Pro-Forma Invoice on all payments made to this account and fax proof of payment to +27 86 696 5471 / +27 (12) 546 8410. If invoices are being paid by cheque or bank guarantee cheque, there will be a 10 day waiting period before the collection of the items can proceed.
11. Should the Buyer fail to proceed to pay within 5 (FIVE) days or cancel his bid, a 20% penalty fee will be levied against the prospective buyer and the deposit will be forfeitted as compensation for administration costs.
12. Once payment reflects in the Ryncor bank account, the Buyer will receive a Release Note within 48 (FORTY EIGHT) hours. The Buyer then has 30 (Thirty) working days to collect/remove/arrange for storage with the Landlord for his purchased goods at the premises.Failure to abide by this arrangement, owners will be on the buyer to arrange with the relevant Landlord.
13. If it appears that an item cannot be delivered, totally or partially, by the Seller, for any reason whatsoever, Ryncor Auctioneers will be authorized to declare the sale null and void, after which Ryncor Auctioneers and/or the Seller will reimburse payments to the Buyer but will not be liable to
pay any consequential damages to the Buyer.
14. The items (complete and/or parts) are sold “as is, where is”, with no guarantee as regards to the condition including any hidden flaws. In any event, the Buyer will be deemed to have carefully inspected the items he purchases beforehand. The Buyer will be deemed competent and to have been informed, before the closing date for biddings, of any error in the descriptions as well as any flaws or imperfections of the items.
15. The Seller shall not be liable for any damage resulting from any flaws in the items.
16. Dismantling and collection of the items sold will be entirely at the buyer’s cost and under his responsibility. Neither the seller nor Ryncor Auctioneers shall be liable to the Buyer or any third party for additional cost due to any work necessary to collect the item from the Seller’s premises.
The Buyer shall be liable for any accident, damage to persons, to buildings or to the third party’s property during dismantling and collection. No responsibility whatsoever can be accepted with regards to quantity, quality, dimensions, and year of manufacture and completeness of the items
as shown in the catalogue.
17 The Seller is solely responsible for the correctness and clarity of the details and descriptions included in the catalogue.
18 Pictures of the items as shown in the sales catalogue or sales lists are provided for the sole purpose of better differentiation and under no circumstances do they represent properties or characteristics of the items for sale.
19. Removal of the goods and cost thereto from the site shall be the responsibility of the Buyer, who shall remove the goods not later than 30 (Thirty) working days from date of payment. After 30 (Thirty) days, the Buyer shall become liable for all storage costs, security costs and similar costs to store or secure the goods.
20. The Buyer will be responsible at his own expenses, for all necessary labour, equipment, etc. for the removal of the goods and related transport costs.
Where the Auctioneers or Seller gives assistance to the Buyer in connection with such removal, such
assistance is given entirely at the Buyer's risk.
Should items not be removed within the specified time frame, then Ryncor Auctioneers reserves the right to resell or dispose of the items without incurring any liability to the Buyer or without prejudice to any claims of the Seller or Auctioneer against the Buyer for breach of contract. The Buyer's also forfeits any deposit paid to Ryncor Auctioneers. Ryncor Auctioneers also reserves the right to charge the Buyer rent and costs incurred due to non-removal of lots. The Buyer will be responsible for all damages caused to the building, plant and machinery or other lots, be it caused by the Buyer or any
appointed contractor.
The Buyer shall be liable for payment of all import and/or export duties applicable when the goods are exported from the country in which the goods are located.
21. The Buyer declares to be duly authorized to sign and purchase the items on behalf of his company and agrees with the abovementioned general conditions of sale by tender.
22. The above mentioned items will be sold as "VOETSTOOTS". The items are hereby sold to the Buyer as ("voetstoots") and Ryncor Auctioneers do not guarantee in any manner the quality and usefulness of the items, except that when properly used it will not create a risk to health, nor shall Ryncor Auctioneers be responsible for any defects latent or patent or any damages resulting there from, and the Buyer hereby agrees to accept the items as they are with all their defects.
23. When doing a site visit to view the goods up for Sale, the prospective Buyer must ensure he have a proper identification documents and wear correct Personal Protective Equipment (PPE).
The above arrangement goes for all people involved in dismantling, collection and transportation of Goods.
24. The Buyer hereby, in terms of Section 10(4) of the Occupational Health and Safety Act, No 85 of 1993, or legislature of similar kind of the country in which the assets are collected, undertakes in writing to ensure, as far as it is reasonably practical, that the items purchased will be used in a safe manner for what they are designed for and without risks to health when properly used.
The undertaking shall have the effect of religuishing Ryncor Auctioneers the duty imposed upon him by this section 10(4) to such an extent as may be reasonable having regard to the terms of the undertaking.
25. The Buyer further undertakes to abide by all internal SHE prescriptions of the Seller inclusive of an Induction Course and all related requirements for the safe decommissioning, dismantling, upliftment/rigging, loading and transportation of the purchased commodities. Depending of the nature and size of the purchased item, a comprehensive Environmental Management Plan (EMP) could be required.
26. The rules of this Tender Sale comply with section 45 of the Consumer Protection Act, 68 of 2008 ("the Act") and the regulations thereto in terms of South African Law.
27. Any person attending the Tender Sale to bid on behalf of another person must produce a letter of authority which meets the requirements of regulation 32(3) of the regulations to the mentioned Act.
Any person bidding on behalf of a company must produce a letter of authority on the letterhead of the company as well as a certified copy of a resolution authorising him or her to bid.
All persons intending to bid must register prior to the Tender Sale and must provide a copy of their identity documents and proof of residence.
28. The Buyer shall indemnify and keep Ryncor Auctioneers indemnified against all losses for death or injury to its employees, its contractors and / or its contractors personnel and / or death or injury or damage to health of third parties or damage to anything attributable to this sales transaction, and gainst all claims, demands, proceedings, costs, charges and expenses arising in connection with this sale agreement.
29. The law of the Republic of South Africa shall be applicable to this tender.