EEZY TRACK LIMITED

(“The Company”)

AUCTION TERMS AND CONDITIONS

1. GENERAL

1.1 This document describes Terms and Conditions applicable to the use of the Services made available by Eezy Track Limited. Eezy Track Limited provides a Platform which consists of cloud hosted software-as-a-service applications and an online marketplace (hereinafter referred to as the “Auction Site”). Access to the Platform is on a registration basis.
1.2 All Public Auctions shall be conducted in accordance with the Auctioneers Act, 1996 and facilitated by licensed auctioneers appointed by Eezy Track Limited on behalf of its clients.
1.3 All Private Sales shall be conducted in accordance with these Terms and Conditions and facilitated by an Auctioneer and/or Dealer appointed by Eezy Track Limited on behalf of its clients. The Private sales shall be on a willing buyer / willing seller basis.
1.4 These general terms and conditions shall apply to buyers and sellers on the Platform and shall govern their use of the Platform and related services.
1.5 You shall be deemed to have accepted to be bound by these Auction Rules when they click and/or sign against the section with “I have read these Terms and Conditions” and when they click “I accept”. The User warrants that they have read and understood all the terms and conditions contained in these Auction Rules. If you disagree with these general terms and conditions or any part of these general terms and conditions, you must not use the Platform.
1.6 If you use the platform in the course of a business or other organizational project, then by so doing you:
1.6.1 confirm that you have obtained the necessary authority to agree to these general terms and conditions;
1.6.2 bind both yourself and the person, company or other legal entity that operates that business or organizational project, to these general terms and conditions; and
1.6.3 agree that "you" in these general terms and conditions shall reference both the individual user and the relevant person, company or legal entity unless the context requires otherwise.
1.7 The Company may change the Auction Rules from time to time, without notice to the User. It is upon the User to read the Auction Rules carefully each time before bidding.

2. DEFINITION

In these Auction Terms and Conditions (hereinafter referred to as the “Auction Rules”), unless the context indicates otherwise, the following words or expressions shall have the following meanings:
2.1 “Accept or Acceptance” means when the Seller accepts an Offer put to the Company (and a Seller hereby authorises the Company to accept any Offer on its behalf when an Offer is the same as or greater than a reserve price set by the Seller and/or where no reserve price has been set by a Seller it is the highest Offer that the Company decides to accept in its sole discretion on behalf of a Seller);
2.2 “Act” means the Auctioneers Act, 1996 and its regulations;
2.3 “As Is” means that the property is sold with all existing faults and imperfections.
2.4 “Auction” means Public Auction and/or Private Sale (whether a Live Auction or an Online Timed Auction and whether conducted independently or simultaneously) conducted pursuant to the Auction Rules;
2.5 “Auctioneering Firm” means a person, firm, company or other juristic person licensed under the Act to provide auctioneering services and appointed from time to time by the Company to conduct auctions;
2.6 “Auction House” means the location in which the auction is taking place, and, where relevant, the location where the individual Items under the control of the Company are stored or at such other location(s) as shall be notified by the Company from time to time;
2.7 "Auctioneer" means the person licensed in accordance with the Act conducting a Public Auction on behalf of the Auctioneering Firm;
2.8 “Auction Price” means the final winning bid at the fall of the hammer in Live Auction or at the lapse of time in Online Timed Auction.
2.9 “Auction Site” means the internet based electronic website operated by the Company located at https://www.eezyonline.net and/or any other internet based electronic platform or application used by the Company;
2.10 “Auction Hours” means the dedicated hours/time limit for each Auction;
2.11 “Bid” means an offer of money for an Item listed on the Platform. It also means virtually clicking the “Bid Now” button on the Auction Site and entering a bidding amount;
2.12 “Bidder” means an individual, entity or representative seeking to purchase an item listed for Auction whether live or online.;
2.13 “Buyer” means the Bidder with the highest Bid at the Fall of the Hammer or at the end of the Timed Auction.
2.14 “Business Day” means the time between 8.00 a.m. to 5.00 p.m. from Monday to Friday and 9.00 a.m. to 1.00 p.m. on Saturday.;
2.15 “Contract of Sale” means the contract for purchase formed between the Buyer and the Seller once the Auction Price has been achieved.
2.16 “Dealer” means the person or entity appointed by the Company to conduct a Private Sale.
2.17 “Defaulter’s Entry Fee” means the fee as shall be determined by the Company from time to time to be charged to the relevant party in the case of any Item having to be re-auctioned otherwise than due to a fault of the Company.
2.18 “Defaulting Party” means the defaulting Buyer and in the event that the defaulting Buyer is representing a principal or acts as a duly authorised representative on behalf of a legal entity at the auction, then also the principal or legal entity he represents;
2.19 “Deposit” means the deposit, as shall be determined from time to time, paid by the potential Bidders upon Registration;
2.20 “Extended Bidding Period” means the extended time that occurs when a bid is placed 5 minutes before the dedicated Auction Hours lapses. Time will be extended every time a bid is placed 5 minutes before the dedicated Auction Hours lapses.
2.21 “Entered for Sale” means the point in time at which the Seller has instructed the Company to list an item for sale whether by means of completing an entry form or by written instructions which instruction has been duly accepted by the Company;
2.22 “Fall of the Hammer” will refer to the physical fall of the Auctioneer’s hammer at the end of a bidding process confirming a successful bidder (if the use of a physical hammer is applicable), alternatively the Auctioneer’s acceptance of the highest bid at the end of the bidding process confirming the successful bidder;
2.23 “Listing” means an advertisement for an item for sale, inviting a User to place an Offer;
2.24 “Live Auction” means any Auction conducted at the Auction House where bidders can either:
a) digitally place real-time bids through the Auction Site; and/or
b) physically place bids through a show of hands at the Auction House;
2.25 “Offer” means an offer of money for the purchase of an Item on the Auction Site;
2.26 “Online Timed Auction” any auction limited by Auction Hours inclusive of Extended Bidding Period conducted over the Auction Site pursuant to the Auction Rules.
2.27 “Price” means the value which the Bidder Offers to the Seller and Seller accepts.
2.28 “Private Sale” means selling of an item by a private owner through the Platform.
2.29 “Private Seller” means the company, organization or individual that has put up its/his item for sale through a Private Sale;
2.30 “Public Auctions” means auctions regulated by the Act.
2.31 “Registration” means all of the following:
2.31.1 the payment of the Deposit electronically, or as otherwise notified by the Company;
2.31.2 presentation of valid application form at the Auction Site;
2.31.3 presentation of valid application form at the Auction House;
2.31.4 Acceptance of valid application form online in the case of online registration.
2.32 “Reserve Price” means the price stipulated as the lowest acceptable by the Seller at Auction;
2.33 “Seller” means a lender, creditor or Private Seller who is entitled in law to sell an item on auction, but not necessarily the owner;
2.34 "User" means the user, juristic or natural, of the Website and includes the Bidder, Buyer and the Seller;
2.35 Any reference in these Auction Rules to:
2.35.1 a clause is, subject to any contrary indication, a reference to a clause of these Auction Rules;
2.35.2 Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning;
2.35.3 If any provision in a definition confers rights, or imposes obligations on any party, effect is given to it as a substantive provision of these Auction Rules;
2.35.4 Unless the context indicates otherwise an expression which denotes any gender includes both the others; reference to a natural person includes a juristic person; the singular includes the plural, and the plural includes the singular;
2.35.5 Any number of days prescribed in this Agreement refers to business days and excludes the first day and includes the last day;
2.35.6 Unless the context indicates otherwise if the day for payment of any amount or performance of any obligation falls on a day which is not a Business Day, that day will be the next Business Day;

3 COMPANY INFORMATION

3.1 Eezy Track Limited is a limited liability private company registered under the Companies Act,2015.
3.2 The Company reserves the right to determine whether an Auction will be a Live Auction, or an Online Timed Auction.
3.3 The Auction Site is operated and owned by the Company and as such the Company may, at its sole discretion, terminate, restrict and/or refuse the use of the Auction Site.

4 USE OF THE AUCTION SITE AND AUCTION HOUSE

4.1 The use of the Auction Site shall at all times be subject to Auctioneers Act, 1996 (in Public Auctions), Data Protection Act, 2019, the Company’s Website Terms of Use Policy and Company’s Data Privacy Policy.
4.2 The Company makes no promises or guarantees as to the availability of the Auction Site and that a User will have uninterrupted, secure or error free access to the Auction Site. The Company excludes all liability in relation to any inability of a User to access the Auction Site, place Bids, make Offers or availability of real time notifications.
4.3 A User agrees that its use of the Auction Site (which includes making Offers and placing Bids) is at the User’s own risk and that Offers and Bids might not be received, accepted or utilised by the Company.
4.4 By using and accessing the Auction Site and Auction House, the User warrants and promises that the User:
a) Is at least 18 years old.
b) Has the right, authority and capacity to enter into a legally binding contract.
c) Has supplied the Company with accurate and true details about the User.
d) Shall be solely liable for actions taken using the User’s username and password to access the Auction Site, whether taken by the User or third parties and/or with or without User consent or knowledge.
e) Will act lawfully, diligently and honestly at all times when accessing and using the Auction Site and will comply with all laws and regulations including the Act.
f) Will not interfere with, jeopardise, disrupt or harm the Auction Site and will not intercept, expropriate, re-use, steal or re-utilise any system, data, photographs or information comprised in or provided to you via the Auction Site.
4.5 The Auction Site and all information, content, materials, products (including software) and services included on or otherwise made available to the User are provided on an "as is" and "as available" basis, unless otherwise specified in writing.
4.6 The User expressly agrees that the use of the Auction Site is at sole risk of the User.
4.7 The Company disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
4.8 The User acknowledges that the Company:
a) is not a party to the sale of any Item;
b) does not warrant that the Seller is willing and/or able to perform its obligations to the Buyer as contained herein; and
c) will not be a party to any dispute between the Seller and the Buyer in relation to the Item.

5 USER AND ITEM REGISTRATION

5.1 User Registration
5.1.1 All Users shall:
a) complete, in full, the registration or subscription documents provided on the Auction Site; or the application form issued at the Auction House;
b) certify that the information provided by the User in all respects is true and correct;
c) furnish the Company with such supporting documentation as may be required by the Company for any reason whatsoever;
d) all Sellers other than Private Sellers will be required to register and pay a non-refundable, non- transferable annual subscription fee as determined by the Company from time to time.
e) All Private Sellers will be required to register before listing their Items for sale;
f) acknowledge that the bidding for any Item on the Auction Site and/or at the Auction House and any sale concluded as a result thereof will give rise to a contractual relationship between the Seller and the Buyer.
5.1.2 It is the sole responsibility of the User to keep and maintain the safety of their account name or number and password provided to them by the Company.
5.1.3 The Company reserves the right to deny access to Users without further explanation or to make approval of a user subject to special conditions.
5.1.4 The User's registration is deemed to be consent by the User that the Company may conduct various checks on the User including, without limitation, credit reference checks with a registered credit bureau.
5.1.5 The Company may from time to time request updated information from the User or from registered credit bureaus, to verify the User's information.
5.2 Item Registration
5.2.1 Unless otherwise agreed by the Company in writing, an Item shall not be deemed accepted into any auction unless and until the Seller has complied with clause 5.1 above and has produced:
a) the Item;
b) Ownership documents if necessary;
c) any required entry fee as shall be communicated by the Company from time to time.
5.2.2 It is the duty of the Seller to ensure the Item is insured against third party damage and/or theft whilst on the Auction House or otherwise in the Company’s control and shall remain insured until risk passes to a Buyer upon Acceptance. Risk in the Item remains with the Seller at all times until a Contract of Sale has been entered into.

6 SELLER’S WARRANTIES, LIABILITY AND INDEMNIFICATIONS

6.1 The Seller warrants and guarantees that:
6.1.1 the Seller is the true owner of the Item and/or is properly authorised to sell the Item by the true owner;
6.1.2 the Seller is able to transfer a good and marketable title/ownership of the Item free from any third-party claims;
6.1.3 the item if required under any law, has its true and proper registration mark and identification number which corresponds to its registration documents or manufacturer documents;
6.1.4 the year registered and year of manufacture which has been provided by a Seller is correct (save that when the expression “unknown” or “year as seen” is used – no warranties or representations are given regarding the age of the Item); and
6.1.5 every representation made by the Seller (in any form) concerning the Item is wholly accurate and informed, and the Seller acknowledges that such representations will be relied upon by the Company and the Buyer.
6.2 The Seller shall not interfere with the Auction Process not unless called upon by the Auctioneer to make a specific decision especially auctions concerning the Reserve Price.
6.3 The Seller shall indemnify the Company, its servants and agents, the Auctioneer, the Dealer and the Buyer against any loss or damage suffered by them in consequence of any breach of the warranties set out herein above on the part of the Seller.
6.4 So far as permitted by law, the Seller agrees to indemnify and keep indemnified, defend and hold the Company harmless from any and all damages, losses, liabilities, costs, expenses (including legal fees, disbursements, and VAT) or claims (whether direct or indirect, known or unknown, foreseen or unforeseen) that may arise from or be related to the damage of the Item or any other event which occurs on or at the Auction House or Auction Site. 6.5 So far as permitted by law, the Seller agrees to indemnify and keep indemnified, defend, and hold the Company harmless in respect of any liability to taxation, duty, charge or levy in the nature of taxation (including all penalties, charges, costs and interest relating to any of them), past, present or future, wherever imposed, that we suffer as a direct or indirect consequence of the use of the Auction Site and/or Services.
6.6 For the avoidance of doubt, nothing in the Auction Rules limits the Company’s liability, nor, where applicable, the liability of the Buyer or Seller for:
a) death or personal injury caused by negligence; or
b) fraud or fraudulent misrepresentation; or
c) breach of the Sales of Goods Act, CAP 31 Laws of Kenya; or
d) any other matter for which it would be illegal or unlawful to exclude or attempt to exclude liability.

7 BUYER’S WARRANTIES, LIABILITY AND INDEMNIFICATIONS

7.1 Risk in the Item passes to the Buyer upon notice of Acceptance of successful bid. It is therefore the Buyer’s duty to insure the Item from that time.
7.2 The Buyer warrants and represents to the Company that they have read and agreed to be bound by the Auction Rules. The Buyer warrants and represents to the Company and the Seller that the exclusions of liability (whether by the Company or the Seller) are fair and reasonable.
7.3 Each prospective Buyer shall provide his true name and address and such other information and proof of identity (whether in respect of money laundering procedures or otherwise) as may reasonably be required by the Company.
7.4 By placing a Bid, the Bidder warrants that they have the ability and the intention to proceed with the purchase of an Item. All bids placed by the Bidder constitute an irrevocable offer by the Bidder to the Seller and may not be withdrawn by the User, unless otherwise agreed in writing by the Seller.
7.5 All items are sold “as is and where is” with all faults and imperfections and errors of description. The absence of any reference to the condition of an Item does not imply that the Item is free from faults, imperfections and/or restoration. Illustrations in catalogues or brochures are for identification purposes only. The Company will not be held responsible for any damage or defect that has not been notified to the Buyer.
7.6 Buyers must satisfy themselves prior to bidding as to the condition of each Item and should exercise and rely on their own judgement as to whether the Item accords with its description. Prospective Buyers bid on the understanding that, inevitably, representations or statements as to the genuineness, origin, date, age, Item capability or condition involve matters of opinion. Neither the Company nor its employees or agents nor the Seller accept liability for the correctness of such opinions. Neither the Company, its servants or agents will be responsible for errors of description or for the genuineness or authenticity of any Item.
7.7 The Buyer understands and agrees that it is the Buyer’s duty to ensure that all necessary safety checks on the Item are undertaken before putting the Item into use.
7.8 It is the Buyer’s responsibility and it shall accordingly and additionally warrant and represent to the Company that it will do all things necessary to ensure (including by undertaking repair or maintenance as necessary) that an Item is safe for operation and use and that the Buyer has all necessary permits, certificates or any other legally required documentation or insurance as may be necessary to use the Item.
7.9 Each Buyer agrees that it shall immediately update the Company on any changes to information provided by it to the Company.
7.10 The Buyer warrants and represents to the Company and the Seller that it understands and agrees that:
a) it has no rights against the Company in respect of the quality, condition or merchantability of Item;
b) the Company does not conduct any safety checks; or
c) prior to making any Offer in respect of any Item, it will satisfy itself regarding the value and condition of the Item by inspecting them and/or making such other background checks as are prudent and sensible.
7.11 The Buyer agrees to fully and effectively indemnify the Company, the Auctioneer and the Seller and hold them harmless on demand against any losses, costs, damages, expenses or liabilities (including legal fees on a full indemnity basis) suffered by the Company by reason of the prospective Buyer being in breach of the Auction Rules including under the Contract of Sale.
7.12 The Buyer agrees that all sales are final and they will not be able to return any item purchased for a replacement or refund.

8 PUBLIC AUCTION GROUND RULES

8.1 The Company shall appoint an Auctioneering Firm on behalf of its Clients to conduct all Public Auctions.
8.2 All Public Auctions shall be conducted in accordance with the Act and these Terms and Conditions.
8.3 All Public Auctions shall be conducted and facilitated by licensed Auctioneers, who have the sole right to regulate the bidding process and control the bid increments as well as the right to withdraw any Item, as the case may be, scheduled to be auctioned.

9 PRIVATE SALE GROUND RULES

9.1 All Private Sales shall be conducted and facilitated by a Dealer, who has the sole right to regulate the bidding process and control the bid increments as well as the right to withdraw any Item, as the case may be, scheduled to be sold. A licensed Auctioneer may be a Dealer.
9.2 The Company is, in all cases, an agent for the Private Seller and as such shall not be responsible for any default by the Private Seller.
9.3 Any contract of sale shall be made directly between the Private Seller and the Buyer.
9.4 The Private Seller shall be responsible in paying all the taxes and/or fees imposed by the Government.

10 CONDUCT OF THE AUCTION

10.1 All bids placed will be submitted electronically through the Auction Site in cases of Online Timed Auction and through bid offers in Live Auctions. No alternative form of a bid will be accepted or considered valid for any reason whatsoever.
10.2 The Company is not a party to the Contract of Sale and has no liability or responsibility in respect of the Contract of Sale. 10.3 Where the Auction is subject to a Reserve Price, the Seller reserves the right to reject any bid below the minimum Reserve Price.
10.4 Subject to any Reserve Price and acceptance of the highest bid by the Auctioneer/ Dealer, the highest bidder, when the Auctioneer/Dealer announces the closing time by the Fall of the Hammer or at the end of the Auction Hours, or any other customary manner, is the Buyer of the Item on auction.
10.5 In the event that the Reserve Price is not met after three unsuccessful Auctions, the Auctioneer/Dealer may consider the highest Bid received below the Reserve Price with the Seller who at its sole discretion may accept, reject or place a counteroffer.
10.6 The Seller reserves the right, in its sole and absolute discretion and without reason to withdraw from an Auction at any time before acceptance of a bid. In the event the seller withdraws from the auction they shall pay for all the cost incurred by the Company and the Auctioneer/Dealer.
10.7 In the event of equal and/or similar competing bids being received during an auction, the Auctioneer/Dealer shall award the Bidder who placed the first bid. 10.8 Each and every Auction opens at the listed start time.
10.9 Any Bid placed after the lapsing of a Timed Auction or at the fall of the hammer in a live Auction shall automatically be rejected.
10.10 The Company reserves the right to cancel an Online Timed Auction at any time.
10.11 No Bid shall be retracted after the fall of the hammer or when the Auction Hours has lapsed without the consent of the Auctioneer/Dealer.
10.12 The Auctioneer/Dealer may where there is a dispute between Bidders, summarily determine the dispute or immediately again offer the Item for sale without any justification.
10.13 The Company reserves the right to exclude any Bidder from any Auction where the Bidder has breached or threatens to breach these Auction Rules and/or engages in any behaviour which the Company in its sole discretion regards as likely to have an adverse effect on the conduct of the Auction or the reputation of the Company.
10.14 The Company reserves the right in its sole discretion to exclude any Item from offers and to refuse acceptances, Bids or offers for an Item as well as to discontinue an Auction or related services altogether for an Item at any time and/or from time to time.
10.15 Any price indicated or conveyed at an Auction, is stated inclusive of Value Added Tax (“VAT”), other applicable sales tax and/or Company commission, if applicable.
10.16 Bidders are expressly forbidden from any form of bid manipulation, including collusion or bidding on any Item that they themselves or a party affiliated with them are selling in an Auction.
10.17 Bidders are strictly forbidden from bidding under a false name or as an agent for a person who would be prohibited by the Auction Rules.

11 AUCTION ENTRY

11.1 Entry of the Bidder
11.1.1 Before the entry to the Auction, the Bidder must have registered and paid a refundable deposit of Kenya Shillings Two Thousand (Kshs. 2,000).
11.1.2 No Bids will be taken from unregistered persons without Bidder numbers.
11.1.3 If a Bidder is unsuccessful in achieving the Price, they may recover their Deposit from the Company (less the transaction fees) or, they may request in writing that the Company keep the Deposit against future auctions in which the potential buyer may participate, and make them a registered ‘regular customer’ of the Company provided they produce valid identification when requested.
11.2 Entry of the Seller
11.2.1 Before the entry to any Auction, a Private Seller must register as a User.
11.2.2 All lenders, creditors, financial institutions and/or commercial sellers must be registered Users and must pay an annual subscription fee as determined by the Company from time to time.

12 CONTRACT OF SALE

12.1 Every Bid shall constitute a firm offer to purchase an Item on offer for the amount bid.
12.2 The Buyer shall be the highest bidder above the Reserve Price.
12.3 Bids can be placed at any time whilst the Listing is live and before the specified end time which may be extended by the Auctioneer/Dealer at its discretion. The highest Bid, if any, will be shown within the Listing.
12.4 When a Bid is Accepted by the Seller a Contract of Sale is formed between the Buyer and the Seller. If the Bid is above the Reserve Price then the highest bid will automatically be Accepted.
12.5 The Fall of the Hammer in Live Auctions will mean that the Auctioneer/Dealer has accepted a Bid on behalf of a Seller.
12.6 In the case of an Online Timed Auction, the Bidder shall within a reasonable time after the conclusion of the Sale receive by email, a confirmation of purchase and an invoice in respect of the monies due for the Item purchased.
12.7 Whilst risk in the Item passes to the Buyer at the time of receipt of notice of acceptance of successful bid, all ownership and title in the Item remains with the Seller until he/she has received the Purchase Price less any Fees.
12.8 Notwithstanding the provisions above, the Auctioneer/Dealer in conjunction with the Seller, reserves the ultimate right, to fix a reserve price for Acceptance and to decline to sell to the Highest Bidder or any bidder, or even to accept any lower bid, without giving any reasons.
12.9 Sellers agree that where an Item is available for sale at the Auction Site, it shall not advertise or purport to sell the Item elsewhere. In the event that a Seller fails to comply with this Clause, the Seller acknowledges that it may incur legal liabilities to a Buyer and/or the Company where it also enters into a Contract for the sale of the Item elsewhere.

13 PAYMENT, COLLECTION AND DELIVERY

13.1 Immediately following the fall of the Hammer or at the lapse of the Timed Auction, the Buyer shall follow the appropriate process as notified by the Platform or the Company and pay the Auction Price inclusive of VAT. If the Buyer fails to make payment within Twenty-four (24) hours after the fall of the Hammer or at the lapse of the Timed Auction, or such other time as shall be communicated by the Company, the Auctioneer/Dealer shall have absolute discretion to cancel the Contract of Sale, to retain the Deposit, and the terms of clause 15 below will apply.
13.2 The Auction Price shall be made in full less the deposited amount in Kenya Shillings currency.
13.3 No cash will be accepted by the Auctioneer/Dealer as payment from any successful Bidder in respect of any Item sold. Payment must be done by either bank guaranteed cheque, debit card or electronic funds transfer. Credit card machine facilities at the Auction House can only be utilised for the payment of deposits and cannot be used to pay for any successful bid. The Company reserves the right to refuse any other method or means as payment.
13.4 The Item will only be released to the Buyer upon verification and confirmation of the payment.
13.5 Unless stated otherwise in this Agreement, all payments shall be exclusive of any transaction fee.
13.6 Before remitting the proceeds of any sale to the Seller, the Auctioneer/Dealer is entitled to deduct from the Auction Price the relevant fees in respect of each Item (which may, for the avoidance of doubt, include but not limited to any commission due, advertisement fee, handling fee, repair fees, storage costs, cleaning costs, the entry fee due (if not already paid) and any other previously notified fees chargeable).
13.7 Without prejudice to any other rights of the Company under the Auction Rules in respect of the charging of commission, entry fees, and any other relevant fees, the Company is entitled to charge commission in all cases including but not limited to:
a) when the Item is sold in an Auction irrespective of whether the contract of sale is later rescinded (save further to an act or omission of the Company);
b) if the Item is sold (or re-sold) by way of Private Sale;
c) if the Item is re-sold further to the default of the Buyer, or the Seller;
d) if the Seller becomes the Buyer.
13.8 Without prejudice to any of the Company’s rights under the Auction Rules, for the avoidance of doubt, the Company is not under any obligation to pay any monies to the Seller following the Auction until such time as the Buyer remits all monies due.
13.9 Where necessary and when applicable, a Buyer requiring third party finance, shall be required to obtain pre-approval of the third-party finance to the value, or exceeding the value, of the Item purchased on auction. In the event of a delay occasioned to obtaining third party finance by the Buyer, the Buyer shall be liable for all fees and claims stipulated herein.
13.10 In the event the Buyer fails to pay the Auction Price within the set timelines herein, the Company will retain the deposit paid.
13.11 The Buyer shall be required to collect the Item within Forty-Eight (48) hours after making payment failure to which they shall incur storage and handling charges at prevailing market rates or as determined by the Company. The Company shall be entitled to not release the Item to the Buyer until such time as the storage and handling costs have been paid by the Buyer and the Company will hold a lien over such Item.
13.12 The Item purchased shall be released to the registered buyer or to their authorized agents. The authorization shall be in writing and shall be communicated to the company by the buyer prior to the collection.
13.13 Any person coming to collect any Item will be required to produce identification documents.
13.14 Request for delivery shall be handled by special arrangement, and a fee will be assessed based on the distance and time involved.

14 TRANSFER OF OWNERSHIP

14.1 Notwithstanding delivery of the Item and/or registration papers, transfer of ownership in and to the Item shall remain vested in the Seller until such time as the Auction Price has been paid in full.
14.2 Ownership in and to the Item shall be deemed to pass from the Seller to the Buyer once the Company has confirmed payment of all Auction Price owing to the Seller.
14.3 After receiving the Auction Price, the Seller shall ensure that if required by any law, they transfer the Tittle of the Item to the Buyer in accordance with the law.

15 BUYER’S DEFAULT

15.1 If the Buyer does not honour its obligations for payment under Clause 13 above in any way, as agent of the Seller and without prejudice to any other rights it may have, the Auctioneer/Dealer may at any time elect to exercise one or more of the following rights or remedies:
a) to rescind the Contract for Sale of the Item sold to the defaulting Buyer at the auction;
and/or
b) to retain the Deposit and to pursue the Buyer directly for all monies owed including damages for breach of contract;
and/or
c) to enter the Item(s) in question to be re-sold at an Auction;
and/or
d) to remove, store (either at the Auction House or elsewhere) and insure the Item at the expense of the defaulting Buyer;
and/or
e) to reject or ignore any bids made by or on behalf of the defaulting Buyer at any future auction;
and/or
f) to retain that or any other Item(s) sold to the same Buyer at the same or any other auction and release it/them only after payment of the Auction Price;
and/or
g) to exercise lien on any property of the defaulting Buyer which is for any purpose in the Company’s possession.
15.2 When an Item is re-auctioned the Auctioneer/Dealer shall determine in his sole discretion the order in which the proceeds of such re-sale will be applied to pay for all expenses incurred.

16 DATA PRIVACY

16.1 Personal data will be processed as set out in the Data Privacy Policy which can be viewed at http://www.eezygroup.net/compliance as updated, amended or replaced by the Company from time to time.
16.2 The User shall be deemed to have accepted to be bound by the Data Privacy Policy when they click and/or sign against the section with “I have read these Terms and Conditions” and when they click “I accept”. The User warrants that they have read and understood all the terms and conditions contained in the Data Privacy Policy.

17 WEBSITE USE

17.1 All use of the Company’s website is subject to the Website use terms and conditions which can be viewed at http://www.eezygroup.net/compliance as updated, amended or replaced by the Company from time to time.
17.2 The User shall be deemed to have accepted to be bound by the website use terms and conditions when they click and/or sign against the section with “I have read these Terms and Conditions” and when they click “I accept”. The User warrants that they have read and understood all the terms and conditions contained in the website use terms and conditions.

18 APPLICABLE LAW

18.1 The interpretation, construction and effect of the Auction Rules shall be governed by and construed in all respects in accordance with the laws of the Republic of Kenya.
18.2 Users are hereby submitting to the non-exclusive jurisdiction of the courts of Kenya.