Strauss & co - 26 - 28 July 2020, Online

253 uities and cultural items, which in some cases are subject to a right of pre-emption or compulsory purchase by the country from which they are to be exported. It is the responsibility of the seller to ensure that the item is properly and lawfully export- ed from the country in which it is located. Buyers should always check whether an export permit or licence is required before exporting. It is the buyer’s sole responsibility to obtain any relevant export or importpermitor licence.Strauss&Cocannotensure that a permit or licence will be obtained and are not responsible for any costs incurred in either securing or denial of any permit or licence required for ex- port or import. If you participate in the auction or commerce portions of the website, and, as a result, purchase property that you plan to ship to anoth- er country, you agree that you are responsible for familiarising yourself with and complying with any and all applicable rules and regulations.The inability of a buyer to export or import property containing endangered and other protected wildlife material is not a basis for cancellation or recession of the sale. Lots containing potentially regulated wildlife material are marked as a convenience to our clients but Strauss & Co does not accept liability for errors or for failing to mark lots containing protected or regulated species;  2.4.4.  Strauss & Co makes no representation or warranty and accepts no liability whatsoever to the seller, the buyer, or any third party in respect of the availability or issuanceofvalid importandexportpermitsor the existence or exercise of pre-emption or other rights to purchase by governmental or regulatory author- ities anywhere. 2.5.  Conduct of the auction  2.5.1.  The auctioneer has the absolute discretion to with- draw or reoffer lots for sale, to accept and refuse bids and/or to reopen the bidding on any lots should he believe there may be a dispute of whatever nature (including without limitation a dispute about the validity of any bid, or whether a bid has been made, and whether between two or more bidders or be- tween the auctioneer and any one or more bidders) or error of whatever nature, and may further take such other action as he in his absolute discretion deems necessary or appropriate. The auctioneer shall commence and advance the bidding or offers for any lot in such increments as he considers ap- propriate.  2.5.2.  The auctioneer may place consecutive bids on any lot on the seller’s behalf up to the reserve.  2.5.3.  The contract between the buyer and the seller of any lot shall be deemed to be concluded on the striking of the auctioneer’s gavel at the hammer price finally accepted by the auctioneer (which also usually includes the auctioneer noting the paddle number of the buyer) and after determination of any dispute that may exist. Where a lot remains un- sold (usually where the auctioneer’s gavel is struck with a hammer price and without noting a paddle number) there is no such contract that is concluded. Strauss & Co is not a party to the contract of sale and shall not be liable for any breach of that contract by either the seller or the buyer.  2.5.4.  The auctioneer has the absolute discretion to accept or refusebids frombidders thatdiffer from the incre- ments he was adhering to. 2.6.  No cancellation or returns No statutory“cooling off”period shall apply in respect of the sale of any lot. A buyer shall accordingly not be entitled to rescind any sale or request a refund of any payment per- taining thereto after his bid has been finally accepted by the auctioneer, save in the circumstances expressly provided for in these general conditions of business. 2.7.  Payment and collection  2.7.1.  A buyer’s premium, calculated at the applicable current rate of the hammer price, shall be payable by the buyer to Strauss & Co in respect of the sale of each lot. (For live auctions (including the live broadcast of online auctions), this buyer’s premium (excluding VAT) is 12% for lots selling over R20000, and 15% for lots selling at or below R20000.) The buyer acknowledges that Strauss & Co, when acting as agent for the seller of any lot, may also receive a seller’s commission and/or other fees for or in re- spect of that lot.  2.7.2.  The buyer shall pay Strauss & Co the purchase price immediately after a lot is sold and shall provide Strauss & Co with details of his name and address and, if so requested, proof of identity and any other information that Strauss & Co may require.  2.7.3.  Unless otherwise agreed in advance, the buyer shall make full payment of all amounts due by the buyer toStrauss&Co (including thepurchasepriceofeach lot bought by that buyer) on the date of sale (or on such other date as Strauss & Co and the buyer may agree upon in writing) by direct deposit or electron- ic funds transfer into the bank account of Strauss & Co for same day value, free from the cost of transfer of funds and without any deduction, set-off or with- holding, or such other payment method as Strauss & Co may be willing to accept. Strauss & Co does not acceptanychequesorcashanddoesnotacceptany credit cards other than Mastercard, Visa and Diners Club. All credit card purchases are to be settled in full on the date of sale.  2.7.4.  Ownership in a lot shall not pass to the buyer there- of until Strauss & Co has received settlement of the purchase price of that lot in full and in clear funds. Strauss & Co shall not be obliged to release a lot to the buyer prior to receipt in full payment thereof. However, should Strauss & Co agree to release a lot to the buyer prior to payment of the purchase price in full, ownership of such lot shall not pass to the buyer, nor shall the buyer’s obligations to pay the purchase price be impacted, until such receipt by Strauss & Co of the full purchase price in cleared funds.  2.7.5.  The refusal of any approval, licence, consent, permit or clearance as required by law shall not affect the buyer’s obligation to pay for the lot.  2.7.6.  Any payments made by a buyer to Strauss & Co may be applied by Strauss & Co towards any sums owing by the buyer to Strauss & Co on any account what- soever and without regard to any directions of the buyer or his agent. The buyer shall be and remain responsible for any removal, storage, or other charg- es for any lot and must, subject to the provisions of clause 5, at his own expense ensure that the lot purchased is removed immediatelyafter theauction but not until payment of the total amount due to Strauss & Co. All risk of loss or damage to the pur- chased lot shall be borne by the buyer from the mo- ment when the buyer’s bid is accepted by Strauss & Co in the manner referred to above. Neither Strauss & Co nor its servants or agents shall accordingly be responsible for any loss or damage of any kind, whether caused by negligence or otherwise, from the date of the sale of the lot, whilst the lot is in their possession or control.  2.7.7.  All packaging and handling of lots is at the buyer’s risk and expense, will have to be attended to by the buyer, and Strauss & Co shall not be liable for any acts or omissions of any packers or shippers.  2.7.8.  If the sale of any lot is rescinded, set aside or can- celled by an action of the buyer, and Strauss & Co has accounted to the seller for the sale proceeds, the seller shall immediately refund the full sale proceeds to Strauss & Co, who will in turn refund the purchase price to the buyer.  2.7.9.  If applicable, Strauss & Co will issue a valid tax in- voice and apply the applicable rate of VAT, irrespec- tive of whether or not Strauss & Co acts as agent on behalf of the seller or as principal, in line with the requirements of the Value Added Tax Act, 1991 (the ‘ VAT Act ’). 2.8.  Remedies for non-payment or failure to collect Without prejudice to any rights that the seller may have and subject to clause 5, if any lot is not paid for in full or removed in accordance with the conditions of clause 2.7, or if there is any other breach of these general conditions of business by the buyer, Strauss & Co as agent of the seller shall, at its absolute discretion and without limiting any other rights or remedies that may be available to it or the seller hereunder or at law, be entitled to exercise one or more of the following remedies:  2.8.1.  to remove, store (with a storage facility chosen at the sole discretion of Strauss & Co and at the cost and expense of the buyer) and insure the lot at its premises or elsewhere and at the buyer’s sole risk and expense;  2.8.2.  to rescind the sale of that or any other lots sold to the buyer at the same or any other auction;  2.8.3.  to set off any amounts owed to the buyer by Strauss & Co against any amounts owed to Strauss & Co by the buyer for the lot;  2.8.4.  to reject future bids and offers on any lot from the buyer;  2.8.5.  to proceed against the buyer for damages;  2.8.6.  to resell the lotorcause it tobe resoldbypublicauc- tion or private treaty, with estimates and reserves at Strauss & Co’s sole discretion, in which event the buyer shall be liable for any shortfall between the original purchase price and the amount received on the resale of the lot, including all expenses incurred by Strauss & Co and the seller in such resale;  2.8.7.  to exercise a lien over any of the buyer’s property in Strauss & Co’s possession, applying their sale proceeds to any amounts owed by the buyer to Strauss & Co;  2.8.8.  to retain that or any other lots sold to the buyer at the same time or at any other auction and to release such lots only after payment of the total amount due;  2.8.9.  to disclose the buyer’s details to the seller to enable the seller to commence legal proceedings; 2.8.10.  to commence legal proceedings; 2.8.11.  to charge interest at a rate not exceeding the prime rate plus 3% per month on the total amount due to the extent that it remains unpaid after the date of the auction; and/or 2.8.12.  if the lot is paid for in full but remains uncollected after twenty eight days of the auction, following fourteen days written notice to the buyer, to resell the lot by auction or private treaty, with estimates and reserves at Strauss & Co’s sole discretion, or to store the lot, as contemplated in clause 1.1.1, pend- ing resale. The sale proceeds of such lot if so resold, less all recoverable expenses, will be forfeited unless collected by the buyer within three months of the original auction. 3.  CONDITIONS MAINLY CONCERNING SELLERS 3.1.  Strauss & Co’s powers  3.1.1.  The seller irrevocably instructs Strauss & Co to offer for sale at an auction all objects submitted for sale by the seller and received and accepted by Strauss & Co and to sell the same to the relevant buyer of the lot of which those objects form part, provided that the bid or offer accepted from that buyer is equal to or higher than the reserve (if any) on that lot (subject always to clause 2.1.3), all on the basis set out in these general conditions of business. The seller further irrevocably permits Strauss & Co to bid for any lot of which any of those objects form part as agent for one or more intending buyers.  3.1.2.  Strauss & Co are authorised to retain any objects not sold on auction for a period of seven days after the auction for the possible sale of such objects by Strauss & Co by way of private treaty or otherwise pursuant to clause 2.1.3.  3.1.3.  If any object submitted for sale by the seller and received and accepted by Strauss & Co in accord- ance with clause 2.1.1 was unsold on auction, and if Strauss & Co receives a bid or offer from a buyer, then Strauss & Co may proceed to sell same (tak- ing into account the deduction of the applicable seller’s commission and recoverable expenses for which the seller is liable), whether by private treaty at Strauss & Co’s premises or on the commerce por- tions of the website or otherwise, after contacting the seller and obtaining confirmation from the seller to do so. Where an object is made available for sale by private treaty, Strauss & Co will sell the object on behalf of the seller to the buyer at the purchase price determined and agreed to by the seller. The provisions of clauses 2.4, 2.6 and 2.7 of these general conditions of business will apply with the necessary changes to all sales by private treaty and if wine is sold by private treaty then the provisions of clause 5 of these general conditions of business will also be of application to all sales of wine by private treaty.  3.1.4.  Strauss & Co and the auctioneer each has the right, at his absolute discretion, to offer an object referred to above for sale under a lot, to refuse any bid or at which it was sold was in accordance with the then generally accepted opinion of scholars and experts or fairly indicated that there was conflict of such opinion; 2.3.1.3.  a buyer’s claim (whether in contract, delict or other- wise) shall always be limited to an amount equal to the hammer price of the lot; and 2.3.1.4.  the benefits of this condition shall not be transfera- ble by the buyer of any lot to a third party and shall always rest exclusively with the buyer.  2.3.2.  Neither Strauss & Co nor the seller: 2.3.2.1.  shall be liable for any omissions, errors or misrep- resentations in any information (whether written or otherwise and whether provided in a catalogue or otherwise) provided to bidders, or for any acts omissions in connection with the conduct of any auction or for any matter relating to the sale of any lot, including when caused by the negligence of the seller, Strauss & Co, their respective employees and/ or agents; 2.3.2.2.  gives any guarantee or warranty to bidders other than those expressly set out in these general condi- tionsofbusiness (ifany)andany impliedconditions, guarantees and warranties are excluded.  2.3.3.  Without prejudice to any other provision of these general conditions of business, any claim against Strauss & Co and/or the seller of a lot by a bidder shall be limited to the hammer price of the relevant lot. Neither Strauss & Co nor the seller shall be liable for any indirect or consequential losses.  2.3.4.  A purchased lot shall be at the buyer’s risk in all re- spects from the fall of the auctioneer’s gavel, wheth- er or not payment has been made, and neither Strauss & Co nor the seller shall thereafter be liable for, and the buyer indemnifies Strauss & Co against, any loss or damage of any kind, including when caused by the negligence of Strauss & Co and/or its employees or agents.  2.3.5.  All buyers are advised to arrange for their own in- surance cover for purchased lots effective from the day after the date of sale for purposes of protecting their interests as Strauss & Co cannot warrant that the seller has insured its interests in the lot or that Strauss & Co’s insurance cover will extend to all risks.  2.3.6.  Strauss & Co does not accept any responsibility for lots damaged by insect infestation, changes in at- mosphericconditionsorotherconditionsoutside its control, and shall not be liable for damage to glass or picture frames. 2.4.  Import, export and copyright restrictions    2.4.1.  Save as expressly set out in clause 2.3, Strauss & Co and the seller make no representation or warranties as to whether any lot is subject to export, import or copyright restrictions. It is the buyer’s sole responsi- bility to obtain all approvals, licences, consents, per- mits and clearances and to pay any duties or taxes that may be or become required by law for the sale and delivery of any lot to the buyer. The denial of any permit or licence shall not justify cancellation or recession of the sale contract or delay in payment. In this regard, and without limiting the generality of the foregoing: Property made of or incorporating (irrespective of percentage) materials from endan- gered and other protected species of wildlife are marked with the symbol * in the lot description. All are identified in the lot description with language indicating (as such). Prospective purchasers are advised that several countries prohibit altogether the importation of property containing certain materials, and that other countries require a permit (e.g. a CITES permit) from the relevant regulatory agencies in the countries of exportation as well as importation.  2.4.2.  Certain works of art, collector’s pieces and antiques may regarded as prohibited and/or restricted in South Africa and would require specific permits and approvals. It is the buyer’s sole responsibility to obtain any relevant export or import permit or licence. Strauss & Co cannot ensure that a permit or licence will be obtained and are not responsible for any costs incurred in either securing or denial of any permits or licences required for export or import. The inability of a buyer to export or import any such works of art, collector’s pieces and antiques is not a basis for cancellation or recession of the sale.  2.4.3.  Other countries regulate the movement of antiq-