Terms & Conditions

1.1. Definition

Andre Nel Auctioneers (Pty) Ltd are referred to as “Andre Nel Auctioneers”, “we”, “us” or “our” throughout these Conditions. A representative of Andre Nel Auctioneers conducting an auction is referred to as the Auctioneer. These definitions apply to these Conditions and to the buyer’s information form.

Buyer – the highest bidder on a Lot as determined by the Auctioneer.
Buyer’s Premium – percentage of the Hammer Price added to the Hammer Price payable to Andre Nel Auctioneers.

Conditions – These Terms of Business including the Buyers’ Information form.

Condition Report – a report conducted by us as to the condition of a Lot upon requested from a Prospective Buyer.

Sale – a purchase by the Buyer of a Lot from the Seller.

Prospective Buyer – any person registering an interest in making a purchase of a Lot.

Day of Sale – the date upon which an auction takes place for a Lot.


Lot(s) – An item offered for sale by a Seller at an auction conducted by an Auctioneer.


Hammer Price – the final price bid by a Prospective Buyer prior to the Auctioneer concluding an auction.

View Day or Days – a day determined at our discretion for Prospective Buyers to view Lots.

1.2. Agency

Andre Nel Auctioneers act throughout as agents only and we cannot be held responsible for any default by Sellers or Buyers.

1.3. Attribution and Condition of Lots

Reasonable endeavours are made to ensure the accuracy of any statement as to authorship, attribution, origin, date, age, provenance and condition of any lot whether or not such statement forms part of the description of any such lot. Whether any such statement is made orally or in the catalogue it is merely an expression of opinion given by us. Each Prospective Buyer by making a bid for a Lot acknowledges that they have satisfied themselves fully as to the attribution and condition of the Lot. We make no warranty or representation as to the condition or attribution of any Lot.
In respect of pictures, these have not been removed from their frames unless specifically mentioned in the Condition Report. We accept no liability for any damage for any lot arising during the viewing, during the sale or after the sale. We act as agents only. The Auctioneers do not accept the responsibility for any item misdescribed as we are acting as agents only and not experts in all fields.

1.4. Liability

All property sent to or deposited with Andre Nel Auctioneers for sale, valuation or any other purpose whatsoever will at all times remain at the risk of the Seller or consignor and neither Andre Nel Auctioneers nor its employees will be responsible for any loss or damage whether caused by negligence or otherwise.

1.5. Disputes

Any dispute not herein proved for shall be settled at the sole discretion of Andre Nel Auctioneers.

1.6. General

Andre Nel Auctioneers shall have the right, at their discretion, to refuse admission to their premises or attendance at their auctions by any person.
No party shall be in breach of these Conditions nor liable for the delay in performing, or failure to perform, any of its obligations under these Conditions (or otherwise) if such delay or failure results from events, circumstances or causes beyond its reasonable control.
The Conditions constitute the entire agreement between the parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
Except as set out in these Conditions, no variation of these Conditions shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
These Conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of South Africa.
 Each party irrevocably agrees that the Court of South Africa shall have exclusive jurisdiction to settle any dispute of claim (including non-contractual disputes or claims) arising out of or in connection with the Conditions or its subject matter or formation.

2. Relating to the Seller
2.1. Commission

The Seller authorizes Andre Nel Auctioneers to deduct commission and expenses, at the quoted rates, from the hammer price and notwithstanding that Andre Nel Auctioneers is his/her agent, acknowledges that Andre Nel Auctioneers may retain the Premium payable by the Buyer in accordance with the Buyer’s Conditions. Seller’s commission is 17.5% of the Hammer Price of each Lot on all sales.

2.2. Right to Refuse

We reserve the right to use our discretion to refuse any Lot for sale.

2.3. Unsold Items

A Lot which fails to sell, will be stored free of charge for seven days, after which a storage and handling charge of R100.00 per Lot per day will be applied. Any storage charges accrued must be paid by the Seller to Andre Nel Auctioneers prior to the release of any stored Lots. See Clause 2.11.

2.4. Withdrawn Items/Cancellation of Sale by Seller

The fee for cancelling a Sale or for withdrawal of a Lot prior to the Sale is 20% of the estimated value or the reserve (determined at our sole discretion), plus any reasonable costs incurred.

2.5. Withdrawn item/cancellation of Sale by Andre Nel Auctioneers
We accept no liability for any cancellation/postponement/default of a Sale. We reserve the right to withdraw any Lot from a Sale at our discretion and no liability will be accepted should we, at our discretion, withdraw a Lot for Sale.

2.6. Loss and Damage

Andre Nel Auctioneers shall not be held responsible for the loss, damage, theft or destruction of any goods not so covered by the sellers own insurance.

2.7. Illustrations, Photographic Images and Video files
Andre Nel Auctioneers has the right to utilize any photographic and videographic material of auction lots for auction and marketing purposes. All images shall remain the exclusive property of the auctioneer. Prior to publication in any catalogue or media channel, Andre Nel Auctioneers will approve the illustrations. Andre Nel Auctioneers holds the copyright to all images and video files created prior to the sale, which may be used in subsequent marketing activities across any media channel.

2.8. Reserves

Andre Nel Auctioneers are entitled to place reserves on any Lot that have been consigned. We reserve the right to bid on the lot up to the reserve price on behalf of the Seller.

2.9. Disposal of Items

Andre Nel Auctioneers will dispose of items from house clearances which, in our opinion and at our sole discretion, are of no saleable value. A charge relating to the tip charge incurred by Andre Nel Auctioneers in disposing of these items will be made for this service.

2.10. Payment
Seller “net sale proceeds” will be made up to 30 days of the auction after receiving payment from the Buyer. The “net sale proceeds” are the Hammer Price less commission and expenses set out in the Intake/Consignment form. The Seller waives any right to interest that may be earned during the period from payment by the Buyer to receipt of the “net sale proceeds” by the Seller. For the avoidance of any doubt, the Seller shall have no recourse to Andre Nel Auctioneers where payment is not received by Andre Nel Auctioneers from the Buyer.

2.11. Consigning Lots

We may, at our absolute discretion, put any Lots not sold at a Sale, in a future Sale. Whilst we will use reasonable endeavours to notify a Seller of this, such actions are not contingent of notice being given.

3. Relating to the Buyer
3.1. The Buyer

The highest bidder acknowledged as such by the Auctioneer will be the Buyer. If any dispute arises, the Auctioneer shall have sole discretion to settle the matter. The Auctioneer shall rule the bidding and no bid may be retracted. The Auctioneer reserves the right to refuse any bid. The Buyer who is successful in purchasing any Lot or Lots is entirely responsible for paying for such Lot or Lots in accordance with these Conditions. Purchases made on behalf of a third party are the responsibility of the Buyer in the room. The Auctioneer reserves the right to bid on behalf of the Seller for any Lot and to withdraw, consolidate or divide any Lot or Lots. The Buyer acknowledges that Andre Nel Auctioneers may also receive commission from the Seller in accordance with the Seller’s Conditions.

3.2. Buyer’s Premium

A Buyer’s Premium of 17.5% is payable on each Lot every auction.

3.3. Payment

Payment is due immediately from the Buyer after the auction and not later than 48 Hours after the auction. Payment must be paid in South African Rands.
The following methods of payment may be used:

• debit and credit cards (attracts a 2.5% fee)
• cash deposit (attracts a 1.5% fee)
• cash
• Bank transfer

Payments not made within 48 hours of the auction will accrue a storage and handling fee of R100.00 per lot per day which will have to be settled with the invoiced amount before the lots can be collected.

3.4. Transfer of Risk

The risk in the Lot shall pass to the Buyer upon the completion of the Sale by the Auctioneer. Andre Nel Auctioneers are not responsible for the correct description, genuineness or authenticity of any Lot as per these Conditions. The Buyer is deemed to have inspected each Lot and satisfied himself as to its condition.

3.5. Ownership of the Lot
Title to the Lot(s) purchased will not pass to the Buyer until the Buyer has paid Andre Nel Auctioneers in full the total amount due pursuant to these conditions and Andre Nel Auctioneers have applied such payment to the Lot.

3.6. Storage and Collection

Storage charges will be levied on all lots not collected within seven days of the Sale. This will include a storage charge of R100.00 per Lot per day.