Buyers and Sellers are requested to read carefully the Conditions set out below which contain the terms on which Westgate Walding Auctioneers (Pty) Ltd conducts sales and other related matters.

Conditions of Business

1. In these Conditions "Westgate" means Westgate Walding Auctioneers (Pty) Ltd.

2. Westgate shall have the right, at its discretion, to refuse admission to any person to its premises or attendance at their auctions.

3. In the event of any dispute between bidders, the Auctioneer shall have the sole discretion to determine the successful bidder and to re-offer and resell the item in dispute. The Auctioneer reserves the right to refuse any bid, believed by him/her, not to be made in good faith.

The Buyer

1. Westgate as agent.
Westgate acts only as agent for the Seller

2. The Buyer
The Buyer shall be the highest bidder acceptable to Westgate and Westgate shall have absolute discretion to settle any dispute. Every bidder shall be deemed to act as principle unless Westgate has, before the date of the auction, acknowledged in writing that the bidder is acting as agent on behalf of a disclosed principal. Every bidder shall complete and sign a registration form before the auction.

3. Catalogue Descriptions
Any representation or statement by Westgate in the catalogue as to the authorship, origin, date, age, attribution, provenance, condition or estimated selling price of any Lots is a statement of opinion only. In addition, many Lots are of an age or nature which precludes their being in pristine condition and some descriptions in the catalogue make reference to damage and/or restoration, such information is given for guidance only and the absence of such a reference does not imply that a Lot is free from such defects nor does any reference to defects imply the absence of others. Buyers must satisfy themselves by inspection or otherwise prior to the auction.

4. Buyer's Premium
The Buyer shall pay to Westgate a premium, at quoted rates, together with VAT, at the prevailing rate, thereon and the Buyer acknowledges that Westgate may also receive commission from the Seller in accordance with the Seller's Conditions.

5. VAT (Value Added Tax)
In the case of a Lot marked with an asterisk (*) in the catalogue, and a coloured lot number sticker on our Household Sales, VAT, at the prevailing rate, is payable on the hammer price and is refundable on proof of export.

6. Payment
Upon the sale of a Lot, the Buyer shall, unless he/she has already done so, give to Westgate his/her full name and address and, if so required by Westgate, bank details and/or other suitable references. The Buyer shall pay to Westgate the Purchase Price being the sum of the hammer price, premium and VAT, within forty eight hours from the sale.

7. Collection of Purchases.
The property in a Lot shall not pass to the Buyer until he/she has paid the Purchase Price in full and no Lot may be removed during the auction. The Buyer shall remove at his/her expense any Lot purchased within forty eight hours from sale. The Buyer shall be responsible for any removal, storage and insurance charges on any Lot not removed within forty eight hours from sale. Any packing and handling of purchased Lots by Westgate staff is undertaken solely as a service to Buyers, and will only be undertaken at Westgate's discretion and at the Buyer's risk. Westgate shall not be liable, in any event, for any damage to glass or frames, irrespective of cause.

8. Responsibility for Purchased Lots.
The Purchased Lot shall be at the Buyer's risk, in all respects, from the "hammer" to the time of collection, and neither Westgate nor its employees shall thereafter be liable for any loss or damage of any kind, whether caused by negligence or otherwise, while any Lot is in or under their respective custody or control.

9. Remedies for Non-payment or Failure to Collect Purchases.
If a Buyer fails either to pay for or to remove any Lot, Westgate shall, without notice to the Buyer and at its absolute discretion and without prejudice to any other rights or remedies it may have, be entitled to exercise one or more of the following:-

a. To issue proceedings against the Buyer for damages for breach of contract

b. To rescind the sale of that or any other Lots sold to the Buyer at the same or any other auction

c. To resell the Lot or cause it to be resold by public or private sale. Any deficiency in the Purchase Price resulting from such resale (after giving credit for payment) together with full costs incurred in connection with the Lot shall be paid to Westgate by the Buyer, any surplus over the Proceeds of Sale shall belong to the Seller and in this Condition the expression "Proceeds of Sale" shall have the same meaning in relation to a sale by private treaty as it has in relation to a sale by auction.

d. To store the Lot or cause it to be stored whether at its own premises or elsewhere at the sole expense of the Buyer, and to release the Lot only after payment in full of the Purchase Price and all other costs incurred in connection with the Lot.

e. To charge interest on the Purchase Price at the rate of 2% above the prime bank rate to the extent that it remains unpaid for more than seven days from date of sale.

f. To retain that or ant other Lots sold to the Buyer at the same or any other auction and release the sale on payment of the Purchase Price.

g. To apply any Proceeds of Sale of any Lot then due, or at any time thereafter, to the Buyer towards settlement of the Purchase Price and expenses, and Westgate shall be entitled to a lien on any property of the Buyer which is in Westgate's possession for any purchase.

10. Guarantee
Subject to Condition 3 set out above, if within seven days of date of auction:-

a. Westgate has received notice, in writing, from the Buyer of any Lot that is in his/her view a forgery

b. Westgate has the Lot in its possession in the same condition as at the date of auction

c. The Buyer satisfies Westgate that the Lot is a forgery and that the Buyer is able to transfer the Lot free from any liens or encumbrances

Westgate shall set aside the sale and refund the amount paid by the Buyer in respect of the Lot. The benefit of this guarantee shall not be assignable and shall rest solely and exclusively in the Buyer.

11. Commission Bids
Prospective buyers are advised to attend the sale. Westgate will, however, if so instructed execute bids of behalf of the Buyer, but neither Westgate nor its employees shall be liable for any neglect or default in so doing or for failure to do so.

12. Vendue Roll
The Auctioneer's Vendue Roll is final and no dispute will be taken into consideration as to the correctness of the same.

The Seller

1. Westgate's Discretion
Westgate shall have absolute discretion as to the following:-

Whether to offer any Lot for sale or not

Whether the Lot is suitable for sale by Westgate and, if so, the place and date of sale

The conditions of sale and manner in which such sale is conducted

2. Warrant and Indemnity
The Seller warrants to Westgate and the Buyer that he/she will be able to transfer good and marketable title to the Lot free from all liens and encumbrances. The Seller shall indemnify Westgate, its employees and the Buyer against all claims made or proceedings bought by persons entitled or purporting to be entitled to the Lot and shall reimburse Westgate on demand for all payments, costs, expenses or any other loss or damage whatsoever made, incurred or suffered as a result of any breach by the Seller.

3. Reserves.
Lots will be offered without reserve unless agreed in writing between the Seller and Westgate and, once the reserve has been agreed, it may only be changed with the consent of Westgate. The Seller shall not bid for his/her property, nor employ and person to bid for him/her. Westgate alone shall have the right to bid, on behalf of the Seller, up to the reserve amount.

4. Commissions and Expenses
The Seller authorizes Westgate to deduct commission and expenses, at the quoted rates, from the hammer price and notwithstanding that Westgate is his/her agent, acknowledges that Westgate may retain the Premium payable by the Buyer in accordance with the Buyer's Conditions. The commission and expenses payable by the Seller are subject to VAT at the prevailing rate. In the case of Lots failing to reach their reserve a charge of 5% may be made on the reserve price, this charge is subject to VAT at the prevailing rate.

5. Insurance.
All property sent to or deposited with Westgate for sale, valuation or any other purpose whatsoever will at all times remain at the risk of the Seller or consignor and neither Westgate nor its employees will be responsible for any loss or damage whether caused by negligence or otherwise, even where negligence is alleged or proven.

Westgate will, on behalf of the Seller or consignor, arrange insurance on the property with Sanlam on the conditions stipulated in policy number 8901 00 02063, a copy of which is available for inspection at Westgate's premises. Insurance cover will be provided at the premium cost of 1.5% of the hammer price. In the case of the property being unsold, the premium will be based on the middle estimated selling price or the reserve if applicable.

In the event of a claim being filed against the Insurers, Westgate shall not be obliged to pay any sum to the Seller or consignor until such claim is settled by the Insurer, In the event of settlement Westgate will pay the proceeds of the claim less commission and any other expenses applicable in terms of these Conditions.

6. Rescission of Sale.
Refer to Buyer's Condition 10.

7. Payment of Proceeds of Sale
Westgate shall pay the Proceeds of Sale to the Seller 30 (thirty) days from date of sale if the Purchase Price has been settled in full by the Buyer. If by the due date, Westgate has not received the Purchase Price in full from the Buyer, Westgate will pay the Proceeds of Sale within seven working days after the date on which full settlement is received from the Buyer. If before the Purchase Price is paid in full by the Buyer and Westgate pays to the Seller an amount equal to the Proceeds of Sale, property in the Lot shall pass to Westgate.

8. Unsold Lots.
Lots unsold on auction must be collected at the Seller's expense within the period of seven days after notification by Westgate requesting him/her to collect unsold property. Upon the expiry of such period, Westgate shall have the right to sell such Lots by public or private sale and on such terms as it thinks fit, and to deduct from the Proceeds of Sale any sums owing to Westgate including, without limitation, removal, storage and insurance expenses.