Cannon & Cannon cc
Auctioneers of Antiques, Collectables, Jewellery, Watches, Fine Art, Sculptures, Important Silver, Militaria, Furniture, Mirrors, Carpets, Books, Stamps, Clocks, World Ceramics, Toys, and General Household Contents.
Conditions of Business
Cannon & Cannon cc (Registration No. 1990/017495/23) (“Cannon’s”) always strives to provide our clients with the best possible service. As such, please take note of the Consumer Protection Act and the following Terms and Conditions.
Cannon’s carries on business as fourth generation Auctioneers and Appraisers of Antiques, Collectables, Jewellery, Fine Art, Militaria, Carpets, General Household Contents, and all the finer things in life. As Auctioneers, Cannon’s would usually act as agent of the Seller of a Lot, or in instances where Cannon’s owns, or has a financial interest in any Lot as principal.
Cannon’s reserves the right to amend or delete any part of Cannon’s Terms and Conditions at any time and without prior notice. It is the responsibility of the Bidders, Buyers, and Sellers to review our Conditions of Business on a frequent basis and remain up-to-date in respect of any changes.
Each Bid will be an offer to purchase and the party making the highest Bid will be the Purchaser. The sale will be complete on acceptance of the Bid by the Auctioneer at a reserved or controlled price, as indicated by the fall of the hammer or otherwise. The advance in the Bidding will be regulated by the Auctioneer who will have the sole right of deciding when to drop the hammer, and decide who was the final Bidder. In the event of a dispute between two or more Bidders, or between the Auctioneer and one or more Bidders, the Lot in question may be put up and resold at the discretion of the Auctioneer. The Buyer shall be bound by all announcements made by the Auctioneer at the commencement of, and during the Auction, whether present or not at the time of making. The Auctioneer may, at their discretion and without assigning any reason therefore, refuse a Bid or withdraw an article either before or after it has been put up for Auction.
As a registered Online Bidder, it has been recorded that you have agreed to our Terms and Conditions. Online Bidding increments are set for our Pre-Bidding prior to our sale, once the Online Auction has commenced, the Auctioneer may, at their discretion, change the increment to suit the Bidding on that particular Lot. Pre-Bids may be placed in confidence by prospective Buyers at the asking price, or a higher amount than the asking price. Bids which are placed on a particular Lot that automatically read as “Outbid”, means there is a Pre-Bid higher than the amount placed, and the current Bid will be an increment higher than the placed Bid. However, in an instance where your Bid is placed on a Lot, and the current Bid reads the same amount that you have just placed, but reads “Outbid”, this means your Bid is the same amount as the Pre-Bid, which works on a first come first served basis, unless you place another Bid on the Lot, you will lose that particular Lot. We suggest that Online Bidders who are using our “Cannons Auctioneers” APP (available for free on Google Play Store or IOS App Store) allow our app to send notifications.
1. CONDITIONS MAINLY CONCERNING BUYERS
1.1. Cannon’s acts only as agent for the Seller.
1.2. All Buyers will pay Cannon’s the sum of their hammer price, plus 15% VAT inclusive Buyers Commission by Cash, EFT or Card within 48 hours from the Auction.
1.3. Any catalogue description made by Cannon’s is an opinion given for guidance. It is up to prospective Buyers to know exactly what they are purchasing by ways of viewing, inspecting and asking for condition reports on items which they intend on purchasing, as Cannon’s sells everything voetstoots, and will not entertain any comebacks.
ALL ARTICLES SHALL BE SOLD AS THEY ARE AND THE AUCTIONEERS DO NOT HOLD THEMSELVES RESPONSIBLE FOR ANY DAMAGE, DEFICIENCY, OR ERROR OF DESCRIPTION, GENUINENESS OR AUTHENTICITY OF OR ANY DEFAULT IN ANY LOT, AND NO WARRANTY OR GIARANTEE WHATSOEVER IS GIVEN OR IMPLIED. A BID SHALL BE TAKEN AS PROOF THAT THE BIDDER HAS MADE HIM OR HERSELF ACQUAINTED WITH THE LOT FOR WHICH HE OR SHE BIDS.
1.4. Items will not be dispatched to a Buyer unless their account is settled in full. No items are to be dispatched during the Auction.
1.5. All Buyers are responsible for the removal of their purchased goods at their expense within 48 hours from the Auction, failing which, Cannon’s reserve the right to levy a charge of R10 per Lot per day from the date of sale.
1.6. All Buyers are responsible for any removal, storage or insurance charges on any purchase which has not been removed from our premises within 48 hours of the Auction.
1.7. Any packing and handling of purchased items by Cannon’s staff is undertaken solely as a service at the risk of the Buyer. Cannon’s will not be responsible, in any event, for any damages whatsoever, this includes any damages by any delivery company or courier, as well as any damages to vehicles in the process of assisting with loading items.
1.8. From the fall of the hammer to the time of collection, the purchased item(s) shall be at the Buyers risk, in all respects, Cannon’s and its employees, shall not be liable for any loss or damage to any item, whether caused by negligence or otherwise.
1.9. Should a Buyer fail to either pay or collect any Lot, Cannon’s shall, without notice to the Buyer and without prejudice to any other rights or remedies it may have, be entitled to issue proceedings against the Buyer for damages for breach of contract. Cannon’s may cancel the sale of that, or any other Lots sold to the Buyer, to re-sell the Lot by Auction or private sale. Any short fall in the purchase price resulting from such re-sale, after giving credit for payment, together with the full costs incurred in connection with the Lot, shall be paid to Cannon’s by the initial Buyer/ Defaulter.
1.10. Cannon’s may refuse a Buyer’s registration if the information and/ or details provided by a person wishing to register as a Buyer does not meet the requirements, or seems suspicious. A registration will be refused if the Buyer has failed to comply with any of our Conditions of Business previously.
1.11. Cannon’s and its employees are entitled to Bid on behalf of a client.
1.12. In order to register as a Buyer, a person must be at least 18 years of age.
1.13. The parties agree that all Commission Bids are placed at the Buyers risk. Cannon’s shall not be liable for any neglect or default in doing so or for failure to do so, whether due to human error, or on the part of the Auctioneer.
1.14. In the event that Cannon’s receives identical Commission Bids (of the same amount, on the same Lot) from two or more Buyers, the Commission Bid received first in time will take precedence over the other Commission Bids (on a first come first served basis), however, such Bids are referred to as “Push Bids”, and will be recorded in the Bidding history of the Lot.
1.15. The parties agree that internet issues and device issues are beyond the control of Cannon’s, therefore, Cannon’s will not be held responsible for any technical problems, especially those which result in Bid not being received on time, or Bids which are not executed at all.
1.16. Cannon’s does not guarantee the working order of any item, including mechanical fittings, electrical goods, clocks, watches, etc., and cannot be held responsible for any losses incurred by a Buyer as a result of any defects.
1.17. The Auctioneer’s Vendue Roll is final, and no dispute will be taken into consideration as to the accurateness of the same.
1.18. All Buyers confirm that they have not been induced to place a bid on behalf of a Seller. Any Seller who places a Bid on their own item(s), will be removed immediately from the Auction. If an Online Bid is placed in the same instance, the Seller’s Bidding Status will be rejected and banned without hesitation. A successful Bid placed by a Seller on their own item(s), will result in the Seller being liable to pay the hammer price, as well as Buyers Commission of 15% on that Lot(s). Cannon’s will not entertain doing further business with the individual or syndicate.
1.19. The Auctioneer may place consecutive Bids on any Lot on the Seller’s behalf up to the Reserve Price.
1.20. Any machinery, plant, equipment, electric items, furniture, alcohol, or any item of whatsoever nature will be rendered safe by the Buyer (or their agent) before being put to use or consumed. The Buyer will not hold Cannon’s, the Auctioneer or the Seller responsible for any damages, injuries or any kind of mishap which may occur from the use or consumption of an item purchased from Cannon’s.
2. CONDITIONS MAINLY CONCERNING SELLERS
2.1. Cannon’s shall have the absolute discretion whether to offer any Lot for sale or not, or whether the Lot is suitable for sale by Cannon’s, and if so, the place and date of sale, the conditions of sale, and the manner in which such sale is conducted.
2.2. Cannon’s shall use their discretion to describe and value the item(s) going on Auction.
2.3. The Seller shall indemnify Cannon’s, 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 Cannon’s 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.
2.4. Lots will be offered on Auction without Reserve, unless agreed in writing between the Seller and Cannon’s.
2.5. The Seller shall not Bid for their property, nor induce a third party to do so. Cannon’s alone shall have the right to Bid on behalf of the Seller up to the Reserve Price.
2.6. The Seller authorizes Cannon’s to deduct commission and expenses, at the quoted rates, from the Hammer Price.
2.7. The Reserve Price on an item shall always be the Gross Price. Cannon’s reserve the right to charge a reduced commission of 3% of the Reserve Price on unsold lots, with a minimum charge of R200 excluding VAT, and a maximum charge of R1000 excluding VAT, per Lot.
2.8. Items withdrawn before the sale will be subject to a charge of 3% of the Reserve or Estimated Price, with a minimum charge of R200 excluding VAT, per Lot withdrawn.
2.9. Unless expressly instructed to insure any item left with Cannon’s for Auction or otherwise, the item(s) will remain at the risk of the Seller, and Cannon’s will not be held responsible for theft, fire, damage (whether caused by negligence or otherwise), or any other loss. All risk insurance can be arranged at the expense of the Seller, at a cost of 1,5% of the Estimated or Reserve Price, with a minimum charge of R100.
2.10. Unsold Lots must be removed at the Sellers expense within 7 working days of the Auction date. The Auctioneers may in any event after 14 days of the Auction sell unsold reserved goods by Auction or private sale at a price which Cannon’s, in their discretion, decide is fair market value, and to deduct from the proceeds of sale any sums owing to Cannon’s including, without limitation, removal, storage and insurance expenses.
2.11. Cannon’s shall pay the proceeds of sale to the Seller 10 to 15 days from the date of sale if the purchase price has been settled in full by the Buyer.