African Wildlife Services: Auctions: Conditions of sale

Conditions of sale

African Wildlife Services Game Auction

The auction is conducted subject to the stated terms and conditions and further subject to all stipulations made anywhere in the catalogue and/or announced by the Auctioneer, either at the commencement of or during the auction, whether or not the Buyer is present at the time any such announcement is made.

General Conditions of Sale (Live and Catalogue)

Only a registered Buyer may bid. Animals are offered on a per head basis, to take the auction-lot.
All bids and purchases at the auction will be in N$ (Namibian Dollars), the official currency of the Republic of Namibia.
All bids and purchases will EXCLUDE VALUE ADDED TAX (VAT). Value Added Tax at the rate applicable from time to time will be due and must be paid simultaneously with the purchase price. The Seller will issue a Tax Invoice to the Buyer on the date of delivery or within 14 (fourteen) days of delivery.
The Buyer will make payment of the purchase price plus Value Added Tax to the African Wildlife Services Trust strictly in cash or with bank guaranteed cheque that will be handed to a representative of the African Wildlife Services Trust on the day of the auction.
The Buyer will be obliged to pay the full purchase price and Value Added Tax to the African Wildlife Services Trust and will not be entitled to set off any amount of money due for a purchase against money that may be received into the Trust for game put on sale by this Buyer.
In the event of the Buyer failing to pay the full purchase price and Value Added Tax on the auction date, the Buyer will pay interest on the outstanding amount to the African Wildlife Services Trust at a rate calculated at 3% (three percent) per annum above the prime lending rate charged by Nedbank Namibia from time to time, calculated from the day of the auction to the date of actual payment.
The Buyer must satisfy himself/herself what he/she is bidding on as presented in the auction pens, or as specified in the catalogue. The Auctioneer is selling on behalf of the Sellers and makes no guarantees. The Auctioneer is merely an agent and is not responsible for any guarantees, mistakes or incorrect descriptions given by any Seller. In the event of any such dispute the Buyer will only be able to have a claim against the Seller and not against the Auctioneer who does not accept any such responsibility of any sort (also see Clause 26).
Usually the highest bidder (subject to the Seller's reserve price) will be declared the Buyer. However, the Auctioneer will be entitled to freely exercise his discretion regarding the manner in which the auction is conducted, and, inter alia, will not be obliged to accept the highest bid or any bid in respect of the animals.
The Auctioneer may offer the Buyer of a lot the option to purchase consecutive lots of the same species, sex ratios and age groups from the same Seller at equal purchase prices.
The Auctioneer reserves the right to regulate the bidding and to withdraw any lots or to vary their order.
If any dispute arises about any bid, the animals involved may again be auctioned.
If the Auctioneer makes any mistake in selling such mistake will not be binding on any of the parties involved but may be rectified.
If the Auctioneer is under the impression that a Buyer is unable to pay the purchase price, he may refuse to accept the bid of such Buyer or accept it provisionally until the Buyer has satisfied the Auctioneer that he/she is able to pay such amount. If a bid is declined under these circumstances, the animals involved may again be auctioned.
The Auctioneer's decision is final. All entries noted in the Auctioneer's book at the fall of the hammer will be sufficient proof of a transaction, and will be binding on both the Buyer and the Seller.
The Buyer will be responsible for complying with all permit regulations and obtaining, at his/her own expense, the necessary permits, licenses and/or authorisations of whatsoever nature when purchasing animals and to import the purchased animals into any country other than Namibia, where applicable.
Special conditions by the Ministry of Environment and Tourism must be met before black-faced or common impala, hippopotami and/or elephant may be purchased. In the case of blue- and black wildebeest double fencing requirements stipulated by the Director of Veterinary Services apply.
Live Sale: The Seller will bear the risk of the animals until the fall of the hammer, after which all risk devolves onto the buyer. Boma fees will be applicable. All live animals bought at the auction may be left in the boma for a period of seven days, at buyer's risk, free of charge. After seven days, all animals still in the boma will be subject to a boma fee. Boma fees will be charged at N$80.00 (VAT exclusive) per day for each large animal and N$20.00 (VAT exclusive) per day for each small animal. All boma fees, if applicable, must be paid in full before any animals will be loaded.
Catalogue Sale: The Seller will ensure delivery by the game dealer and bears all risks in respect of the animals until delivery. However, if the Buyer requires delivery at a destination outside the border of Namibia, the Buyer will bear all risks in respect of the animals once the animals cross the border of Namibia.
The buyer will be responsible to remove any live game purchased at the auction within 48 hours of sale at his/her own expense unless other arrangements have been made with the seller and the auctioneer. The buyer will be responsible for all the transport expenses incurred by the game dealer in delivering the animals. Unless this rate is specified otherwise, transport costs will be charged at N$ 20.00/km (twenty Namibian Dollars per kilometer) carrying load, exclusive of Value Added Tax for trucks only and N$ 25.00/km (twentyfive Namibian Dollars per kilometer) carrying load, exclusive of Value Added Tax for trucks with trailers.
Transport routes will be determined by the Seller and/or game dealer at own discretion and in the interest of effective delivery.
The Buyer must specify a suitable delivery site within Namibia, Botswana or South Africa and hand detailed delivery instructions, which should include a precise map, to the Auctioneer or his/her representative on the day of the auction.
Off-loading facilities of acceptable standards must be available and easily accessible by regular trucks and game-trailers.
Should the Buyer wish to off-load game in an area not accessible by regular trucks, the Buyer must receive the animals at an accessible site and will be responsible for transferring the animals from there at own risk and using own equipment.
Animals for export from Namibia, other than to Botswana and to South Africa, must be received at a suitable site in Namibia.
Ownership of animals will not pass to the Buyer until the full purchase price and any applicable interest, as calculated in Clause 6, has been paid to the African Wildlife Services Trust and the game dealer has received payment in full for transport of the animals.
The Buyer (or a duly appointed representative of the Buyer) must receive the animals bought on catalogue at the delivery site and sign a delivery note confirming receipt of the animals, which must be handed to the driver. The animals will be at the risk of the Buyer from this point onwards, even if ownership has not been passed to the Buyer (due to conditions in Clause 24 not being met).

Any animals delivered of a different sex ratio and/or age group than was stipulated in the catalogue and which are therefore not delivered to the satisfaction of the buyer must be clearly stipulated on the delivery form. These animals should not be off-loaded until an agreement regarding the purchase of these animals has been reached between the Seller and the Buyer. The purchase price for these animals will not be transferred to the Seller from the Trust account, until a written agreement (which can be noted on the delivery form) signed by the Seller and the Buyer has been submitted to the Trustees, informing them of the agreed purchase price and the terms and conditions of such new agreement. However, the Buyer has to accept all animals delivered that are of the correctly described sex ratio and age group (see Clause 36).
In the case of animals purchased on catalogue, any animal in poor condition, with debilitating injury or patent sign of disease must be noted and the points of concern stipulated on the delivery note. Should a specified animal die as a result of the concerns stipulated, a written claim for refund of the purchase price or replacement of the animal must be directed to the Seller and a certified copy sent to the Trustees of the African Wildlife Services Trust within 14 (fourteen) days of mortality of the animal. A veterinary certificate specifying the nature of the cause of death, issued by an experienced wildlife veterinarian, must support such claim. All costs incurred in obtaining such certificate and for veterinary care and advice regarding the purchased animal will be borne by the Buyer.
The Buyer will have no claim against the Seller for damage to or loss of any tusk, rhino- or antelope horn and/or superficial injury that may occur during capture, holding, loading, transportation or offloading of animals.
Any Animals offered for sale on the day of the auction are subject to payment of Commission to African Wildlife Services by the Seller, whether the animals are sold at the auction or thereafter as result of this auction.
The interest generated on money held in the Trust account from the date of payment until delivery of the animals will be used to cover the cost of administration of the Trust account and annual auditing fees and accounting fees payable to PriceWaterhouseCoopers.

The Buyer will receive interest at the prime rate of Nedbank Namibia paid from time to time, calculated from the date of the auction (or the date on which full payment was received) until delivery of the animals, if delivery of the purchased animals to the Buyer does not take place within 1 (one) month from the date of the auction (or the date on which full payment was received), unless other conditions are specified for certain lots.
If not all the animals purchased are delivered to the Buyer within 2 (two) months from the date of the auction, then the balance of the purchase price in respect of such undelivered animals, plus interest thereon, calculated at the prime rate of Nedbank Namibia paid from time to time, from the date of the auction until refunding of the purchase price, will be refunded to the Buyer, unless the parties have agreed otherwise amongst themselves and informed the Trustees in writing of the terms and conditions of such new agreement.
Interest and refunds due for undelivered animals will be paid from the Trust account to the Buyer. Should the balance of the purchase price to be refunded, plus the interest as calculated in Clause 31 and/or Clause 32 exceed the amount of the initial purchase price less the commission paid to the Auctioneer, the Seller will be liable towards the Buyer for such excess.
In the event that any excess payable as formulated in Clause 33 is not paid to the Buyer on written request 3 (three) months after the date of the auction, the Seller entitles the Buyer to capture animals on the Seller's property to the value of the excess, excluding capture costs.
Should it become impossible for the Seller to meet permit conditions due to a change in such conditions at any time after the auction, the Buyer is entitled to a refund of the purchase price, on written request.
Should a Buyer wish to cancel a purchase made at this auction, or not to accept animals bought at this auction, he/she will be liable for a payment of 20% of the purchase price.
The Buyer chooses his/her domicilium citandi et executandi at the address given on the signed Registration Form.
The Buyer consents to the jurisdiction of the Magistrate's court and the Auctioneer has the sole discretion to institute an action in the Magistrate's court.
Any legal fees arising from default of the "Conditions of Sale" will be borne by the Buyer and will be paid on an attorney/client basis.

Special Conditions of Sale

Animals from certain Sellers or specific lots of animals will be sold under conditions other than those specified above. These Special Conditions are stipulated in the catalogue and/or will be announced by the Auctioneer and will apply for sale of these specified lots.