Strauss & co - 26 - 28 July 2020, Online

255 6.  CONDITIONS SPECIFIC TO THE SALE OF WINE In addition to the above, the following conditions are appli- cable in instances concerning the sale of wine. 6.1.  Buyer conditions  6.1.1.  Only persons over the age of eighteen years old may enterbids for lotsofwineandnopersonmayentera bid on behalf of another person who is not over the age of eighteen years old.  6.1.2.  Any invoice, which Strauss & Co issues for a lot of wine shall always be issued by Strauss & Co in its capacity as an agent acting for and on behalf of the seller and not as a principal. 6.2.  Warranties  6.2.1.  The seller warrants, in addition to all other rep- resentation and warranties given, that he is in 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 Re- public of South Africa.  6.2.2.  Neither the seller nor Strauss & Co gives any war- ranty or representation as to the origin, age, genu- ineness, cork condition, content or labelling of any wine, or how any wine has been cellared, if at all. 6.3.  Bottles sizes All wine bottle sizes as described in a catalogue have the following meanings:  6.3.1.   half bottle - 375 millilitre bottle of wine;  6.3.2.   standard - 750 millilitre bottle of wine;  6.3.3.   magnum - the equivalent of two standard bottles of wine;  6.3.4.   double-magnum - the equivalent to four standard bottles of wine;  6.3.5.   jeroboam - the equivalent to six standard bottles of wine;  6.3.6.   imperial - the equivalent to eight standard bottles of wine; 6.4.  Ullage of wines  6.4.1.  For the purpose of this clause 6.4, ‘ullage’ means the amount by which the level of a wine bottle falls short of being full.  6.4.2.  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.  6.4.3.  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, par- ticularly in the case of older wines, may be subject to variation prior to or after the sale of that wine. Ac- cordingly, the ullage and condition of a wine as de- scribed 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 informa- tion and shall not be held liable for the condition of wines or ullage which may differ from their descrip- tion in a catalogue.  6.4.4.  Save as provided for in clause 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. 6.5.  Storage and collection  6.5.1.  Strauss & Co is not responsible for the storage of any wines. All wines are stored at a facility determined by the seller.  6.5.2.  Uponpaymentof thepurchaseprice in fullandclear 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.  6.5.3.  The issuance of the written confirmation referred to in clause 6.5.2 shall constitute delivery of the lot to the buyer for all legal purposes.  6.5.4.  Following the issuance of the written confirmation referred to in clause 6.5.2 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.  6.5.5.  Should the buyer fail to collect the lot by the end of the thirtieth day following the date of auction, un- less otherwise agreed in writing, the seller: 6.5.5.1.  shall be entitled to charge the buyer additional stor- age costs from that date; and 6.5.5.2.  may, in itssoleandabsolutediscretion,move the lot toorwithinanaffiliateor thirdpartywarehouseand charge the buyer any transport and/or administra- tion costs associated therewith.  6.5.6.  Unless the buyer agrees otherwise with the seller and the seller’s storage facility, the buyer must col- lect an entire lot upon collection.  6.5.7.  Nothing in this clause 6.5 shall be construed to limit any rights that Strauss & Co may have (to the extent applicable) under clauses 2.7, 1.1 and/or 2.10 above. 6.6.  Option to buy parcels  6.6.1.  For the purposes of this clause 6.6, a ‘ parcel ’ shall mean several lots of the same wine, being of the identical lot size, bottle size and description.  6.6.2.  When bidding for a parcel, the bidding will com- mence on the first lot of the parcel and the success- ful buyer of that lot of the parcel shall be entitled to take some or all of the remaining lots in the parcel at the same hammer price.  6.6.3.  If the buyer of the first lot of a parcel does not take any further lots in the parcel, as specified in clause 6.6.2, the remaining lots of the parcel shall be sold in accordance with the same process referred to in clause 6.6.2.  6.6.4.  Should a bid on the first lot of a parcel be supersed- ed, Strauss & Co will move the bidders bid to the next lot in the parcel. This process shall be contin- ued by the auctioneer until such time that there are no lots in the parcel remaining for sale, all of which shall be handled by the auctioneer in its sole and absolute discretion. 6.7.  Conditions specific to the sale of wine in terms of COVID-19 Lockdown Regulations  6.7.1.  For the purposes of this clause 6.7, COVID-19 Lock- down Regulations shall mean any regulations or directives issued in terms of section 27(2) of the Dis- aster Management Act, 2002 relating to COVID-19.  6.7.2.  Whilst payment for all lots (including lots of wine) shall become due and payable from the fall of the hammer, the sale between the buyer and the seller of any lots of wine will be deferred until the sale, and distribution of alcohol is permitted in terms of the COVID-19 Lockdown Regulations. The perfection of the sale in respect of lots of wine shall take place as soon as the COVID-19 Lockdown Regulations allow for the sale of wine lots and the collection of the lots of wine from the seller’s premises.  6.7.3.  The deferred sale of lots of wine shall be confirmed by a confirmatory email sent to the buyer in which the details of the deferred sale, including the pur- chase price, are stipulated.  6.7.4.  Ownership of any lots of wine shall only pass to the buyer after Strauss & Co has received settlement of the full purchase price for the lots of wine in cleared funds and the sale of the lots of wine is permitted due to either a relaxation or termination of the COVID-19 Lockdown Regulations. Strauss & Co shall not release a wine lot to the buyer for collection prior to full payment thereof and until such time as it is permissible for Strauss & Co to release the lots of wine to the buyer in terms of the COVID-19 Lock- down Regulations. 7.  CONDITIONS SPECIFIC TO ONLINE AUCTIONS 7.1.  General  7.1.1.  In addition to the general conditions of business, which are applicable to all online auctions, unless specifically varied in terms of this clause 7, the fol- lowing are the terms and conditions (the ‘ online terms ’) under which you (a ‘ user ’) may use the website and any co-branded websites of Strauss & Co at https://www.straussart.co.za/ and at https:// www.straussart.co.za/straussonline. By accessing and using the website, you accept and agree to be bound, without modification, limitation or qualifica- tion, by the general conditions of business. Strauss & Co may, at its sole discretion, modify or revise the online terms at any time by updating the text of this page.The user is bound by any such modification or revision and should therefore visit this page periodi- cally to review the online terms.  7.1.2.   If the user does not agree to any of the general con- ditions of business, the user should not enter, view or make use of the website to access and participate in the auctions.  7.1.3.  Specific rules, in addition to these online terms, are provided with respect to transactions conducted on or in connection with the website, and other rules may be provided for the use of certain other items, areas or services provided on or in connection with the website, and the user agrees to be bound by such rules. 7.2.  Online auctions  7.2.1.  Only persons who are legally entitled to do so are permitted to place a bid on the website.  7.2.2.  By placing a bid, the user represents and warrants that: 7.2.2.1.  the user is legally capable of entering into binding contracts or is duly assisted by his parent or guardian; and 7.2.2.2.  by doing so, the user accepts that Strauss & Co will rely on the user’s representation that the user has unfettered legal capacity to contract.  7.2.3.  The contract between the buyer and the seller of any lot sold in terms of an online auction shall be deemed to be concluded upon acceptance by Strauss & Co of the bid or offer at the hammer price (after determination of any dispute that may exist). 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. Where a lot remains unsold, no contract of sale is concluded.  7.2.4.  Due to the nature of an online auction and the fact that an offer for the sale of a lot is open for a long period of time, which provides a user with ample time to consider whether to place a bid, the provisions of the Consumer Protection Act, 2008 regarding the retraction of a bid prior to the fall of the hammer, shall not be applicable to any online auction. Therefore, once a bid in respect of the sale of a lot has been placed by a bidder, such a bid shall be regarded as final and the bidder shall not be able to retract the bid.  7.2.5.  Strauss & Co shall be entitled within its sole and absolute discretion to deny any user access to the website and shall furthermore be entitled to de-reg- ister any user who has registered to use the website should Strauss & Co suspect that such user is not a genuine bidder, buyer, seller or user of the website, may be acting illegally, fraudulently or in bad faith or intends to misuse, disrupt or interfere with the auctions or will breach or has breached the general conditions of business. Strauss & Co shall not be li- able for any losses or claims of whatsoever nature arising from any denial of access to the website or user de-registration as contemplated in this clause 7.2.5. 7.3.  Use of the website  7.3.1.  A user is responsible for the user’s own communica- tions on the website and is responsible for the con- sequences of its posting. While using the website, a user may not: 7.3.1.1.  post any material on the website in terms of which theuser isnot theownerof the intellectualproperty or other proprietary rights therein or does not have the permission of the owner of such intellectual property or rights to post or transmit such material to the website; 7.3.1.2.  post material on the website that otherwise violates any rights of any third party or violates or infringes on the privacy or publicity rights of third parties; 7.3.1.3.  post material on the website that is illegal, unlawful, obscene, defamatory, discriminatory, disparaging of others, derogatory, inflammatory, harassing, insult- ing, offensive or likely to promote violence or hatred against others or that contains abusive, offensive or profane language nor may such content be associ- ated in linking to the website. 7.3.1.4.  post advertisements or solicitations of business; power may only be waived in writing, signed by the party to be bound by the waiver.  4.8.  These general conditions of business constitute the entire agreement of the parties on the subject matter.  4.9.  Neither party shall be liable for any loss or damage, or be deemed to be in breach of these conditions, if its failure to perform or failure to cure any of its respective obligations hereunder results from any event or circumstance beyond its reasonable con- trol. The party interfered with shall, give the other party prompt written notice of any force majeure event. If notice is provided, the time for performance or cure shall be extended for a period equivalent to the duration of the force majeure event or circum- stance described in such notice, except that any cause shall not excuse payment of any sums owed to Strauss & Co prior to, during or after such force majeure event. 4.10.  Any and all communications between the parties, whether legal or merely for notification purposes, cor- respondence or for any other reason will only satisfy any legal requirement if it is reduced to writing. 4.11.  Any notice by Strauss & Co to a seller, consigner, re- spective bidder or buyer may be sent by Strauss & Co to the latestaddressasprovided toStrauss&Coby the seller consigner, respective bidder or buyer. 4.12.  Any notice to be addressed in terms of clause 3.11 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 post- ing, 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 trans- mission. 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 indem- nity. 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.  DISCLOSURE OF INFORMATION  5.1.  Strauss & Co hereby discloses the following informa- tion: 5.1.1.   Full name and legal status : Strauss and Company (Pty) Ltd is a private company with limited liability incorporated in accordance with the laws of the Re- public of South Africa. 5.1.2.   Physical address: 89 Central Street, Houghton, Gauteng, 2198, South Africa. 5.1.3.   Postal address: PO Box 851, Houghton, Gauteng, 2041, South Africa. 5.1.4.   Telephone number: +27 11 728 8246 . 5.1.5.   Website address: https://www.straussart.co.za/ and at https://www.straussart.co.za/straussonline. 5.1.6.   E-mail address: info@straussart.co.za .  5.2.   Physical address where Strauss & Co will receive legal service of documents: 5.2.1.  Physical address as per clause 5.1.2 . 5.2.2.   Registration number: 1972/000019/07. 5.2.3.   Place of registration : Republic of South Africa. 5.2.4.   Registration date : 1972.  5.3.   Names of office bearers : Mrs Elisabeth Bradley (Identity number: 3812280010088); Dr Conrad Strauss (Identity number: 3601175003088); Ms Paola Genovese (Identity number: 6302210751081); Mrs Vanessa Phillips (Identity number: 5607170769183); Mrs Carmen Welz (Identity number: 4403300033083); Mrs Caro Wiese (Identity number: 5003280147082); Mr Frank Kilbourn (Identity number: 6109075150089); Susan Goodman (Identity number: 6907040063083); Mr Jack Ginsberg (Identity number: 4701085047081)  5.4.   Maindescriptionofproductssoldonauctionand private treaty: Fine and decorative arts, collector’s items and antiques.