Strauss & co - 8 June 2019 (Wine)

4.12  Any notice to be addressed in terms of 4.11 may be given by airmail or hand-mail or sent by prepaid post, and if so given will be deemed to have been received by the addressee seven days after posting, or by facsimile, and if so given will be deemed to have been duly received by the addressee within one working day from transmission or by e-mail, and if so given will be deemed to have been duly received by the addressee within twenty four hours from transmission. Any indemnity under these conditions will extend to all proceedings, actions, costs, expenses, claims and demand whatever incurred or suffered by the person entitled to the benefits of the indemnity. Strauss & Co declares itself to be a trustee for its relevant agents and servants of the benefit of every indemnity under these conditions to the extent that such indemnity is expressed to be for the benefit of its agents and servants.  4.13  An auction will commence at the published time and will not be delayed to enable any specific person or more persons in general to take part in the auction 5 CONDITIONS SPECIFICTOTHE SALE OFWINE In addition to the above, the following conditions are applica- ble in instances concerning the sale of wine. 5.1 Buyer conditions Only persons over the age of eighteen years old may enter bids for lots of wine and no person may enter a bid on behalf of another person who is not over the age of eighteen years old. 5.2 Warranties  5.2.1   The seller warrants, in addition to all other represen- tation and warranties given, that he is possession of a valid liquor licence to sell all lots of wine offered for sale. The seller agrees to indemnify and keep Strauss & Co and the buyer indemnified against any loss or damage suffered by either as a result of a failure by the seller to be properly licensed to sell liquor in accordance with the laws of the Republic of South Africa.  5.2.2   Strauss & Co,Wine Cellar and Higgo Jacobs do not give any warranty or representation as to the origin, age, genuineness, cork condition, content or labelling of any wine, or how any wine has been cellared, if at all. 5.3 Bottles sizes All wine bottle sizes as described in a catalogue have the following meanings:  5.3.1   half – 375 millilitre bottle of wine;  5.3.2   standard – 750 millilitre bottle of wine;  5.3.3   magnum – the equivalent of two standard bottles of wine;  5.3.4   double-magnum -– the equivalent to four standard bottles of wine;  5.3.5   jeroboam – the equivalent to six standard bottles of wine;  5.3.6   imperial – the equivalent to eight standard bottles of wine; and 5.4 Ullage of wines  5.4.1   For the purpose of this 5.4, ‘ullage’means the amount by which the level of a wine bottle falls short of being full.  5.4.2   Ullage levels may vary dependent on the age of the wine and old corks may fail during or after delivery of a wine.To the extent possible the level which a wine may be short of being full will be described in the catalogue in accordance with the diagram provided in Annexure A below.  5.4.3   The ullage described in a catalogue by Strauss & Co is based on an inspection conducted by Strauss & Co prior to the sale of a wine and such ullage, particularly in the case of older wines, may be subject to variation prior to or after the sale of that wine. Accordingly, the ullage and condition of a wine as described in a catalogue is merely provided by Strauss & Co to assist buyers in determining the price of a wine and therefore, under no circumstances do Strauss & Co warrant the accuracy of this information and shall not be held liable for the condition of wines or ullage which may differ from their description in a catalogue.  5.4.4   Save as provided for in 2.3 above, Strauss & Co shall under no circumstances accept any returns or make any refunds or adjustments to prices of sold wines which may result from the natural variations of ullages or poor conditions of cases, labels, corks or wines. 5.5 Storage and collection  5.5.1   Strauss & Co is not responsible for the storage of any wines. All wines are stored at a facility determined by the seller.  5.5.2   Upon payment of the purchase price in full and clear funds, the buyer will be issued with written confir- mation of receipt of such payment from Strauss & Co, which confirmation shall include the relevant seller’s storage facility details.  5.5.3   The issuance of the written confirmation referred to in 5.5.2 shall constitute delivery of the lot to the buyer for all legal purposes.  5.5.4   Following the issuance of the written confirmation referred to in 5.5.2 the buyer must timeously collect the lot from the seller’s storage facility and must make relevant arrangements in that regard, all at the buyer’s own cost.  5.5.5   Should the buyer fail to collect the lot by the end of the [thirtieth] day following the date of auction, unless otherwise agreed in writing, the seller: 5.5.5.1   shall be entitled to charge the buyer additional storage costs from that date; and 5.5.5.2   may, in its sole and absolute discretion, move the lot to or within an affiliate or third party warehouse and charge the buyer any transport and/or administration costs associated therewith.  5.5.6   Unless the buyer agrees otherwise with the seller and the seller’s storage facility, the buyer must collect an entire lot upon collection.  5.5.7   Nothing in this 5.5 shall be construed to limit any rights that Strauss & Co may have (to the extent applicable) under 2.7, 2.8 and/or 3.10 above. 193