terms & conditions of use
Terms & Conditions
Black Sheep Agribusiness (Pty) Ltd
Registration: 2019/500/595 Trading as www.agriemporium.co.za
This electronic trading platform will be conducted within the framework of the rules listed below and other provisions that may be added by the administrator via e-mail or as posted on www.agriemporium.co.za
This website and the materials provided to you through it are protected by copyright, trade mark and other intellectual property rights and laws throughout the world. You may access and use this Website solely for the purposes of use connected with the Services.
All contents of this Website including, but not limited to, the text, graphics, links and sounds are owned by Black Sheep Agribusiness (Pty) Ltd, also known as “LivestockAuctions” with may not be copied, downloaded, distributed or published in any way without their prior written consent, except that You may print, copy, download or temporarily store extracts for your personal information and transactions or when You use the Services. The Website is herein after referred to as either “Website” or “LivestockAuctions platform”.
You are not permitted to use any trademarks or service marks whether registered or unregistered of LivestockAuctions or any _____________ Associates organizations without prior written consent.
The Buyers, The Sellers and LivestockAuctions agree that the terms listed herein shall govern each and every online sale. In respect of each auction the Parties to the sale flowing from the auction is the Seller, LivestockAuctions and the successful Buyer.
1. Registration
1.1 Sellers, Buyers, Drivers and Inspectors are required to register as a user by completing the online "User Registration Page" on the Website and submitting it to LivestockAuctions. (“herein Users”) You agree to ensure that your registration details are true and accurate and to update any details when necessary via the Website.
1.2 All of the registration information a Buyer or Sellers provides to LivestockAuctions shall be current, complete and accurate. All Buyers must be 18 years of age or older. Users agree to not use any device, software or routine to interfere or attempt to interfere with the proper working of any transaction being conducted on and during any sale.
2. Ownership
In these terms and conditions, a Seller sells to LivestockAuctions and a Buyer buys from LivestockAuctions. Ownership passes from the Seller to LivestockAuctions and from LivestockAuctions to the Buyer as provided for herein.
3. Log-in security
3.1 Users are solely responsible for keeping their personal username and password secure and confidential. You should not disclose your username or password to any other party. Once logged on you take full responsibility for transactions effected. If you believe that Your username and/or password has been compromised, or you are aware of any other breach of security regarding the LivestockAuctions platform, then you must notify LivestockAuctions immediately at admin@LivestockAuctions.co.za as a Buyer remains responsible for any purchase transactions placed under its buying number and password
4. Settlement of sales
4.1 LivestockAuctions shall settle all Sellers to LivestockAuctions by electronic transfer of funds. All settlement of sales by Buyers shall be by means of electronic transfer to LivestockAuctions nominated account as depicted on LivestockAuctions Invoice.
5. VAT/ sales fee
All sales commission are subject to VAT. All purchases by LivestockAuctions from Sellers are subject to a 2.9% commission fee levied by LivestockAuctions against the sale through the LivestockAuctions on-line sales platform at www.LivestockAuctions.com (“the Website” or “the LivestockAuctions platform”)
6. Sales
6.1 A Buyer shall pay for all purchases on loading and before removal. In such event ownership and risk passes FROM THE Seller to LivestockAuctions and from LivestockAuctions to the Buyer at the moment of removal, barring payment having been made.
6.2 The Driver will inspect livestock before loading and verify via the website or application. The Buyer must inspect the livestock upon arrival and verify via the website or application. If Buyer is relying on a third party to inspect livestock the Buyer shall be bound the terms of agreement as if Buyer had personally inspected the livestock.
7. Payment of Seller
LivestockAuctions shall pay all Sellers in respect of livestock purchased within 7 (seven) days of the removal date of the livestock, on condition that it has furnished LivestockAuctions with –
7.1 The livestock has been successfully verified by the driver and buyer according to the information the seller has inputted through the website
7.2 A health certificate issued by the state veterinarian or other authorised veterinarian, if applicable at the time of the sale.
7.3 Weigh bridge slip if livestock is weighed on Weigh Bridge or other weighing method at or near Seller premises as agreed upon in advance before the sale takes place.
7.4 All documents to be loaded via the LivestockAuctions website or application
8. Insurance
Buyers shall at all times be responsible to insure livestock purchased for transit to Buyer premises from Seller premises.
9. Namibia / Botswana Sellers
9.1 Sellers from Namibia and Botswana can load livestock for sale on the LivestockAuctions platform.
9.2 Additional documentation will apply for cross border purchases. The LivestockAuctions platform will charge an additional 2% to process the necessary documentation
9.3 Normal rates and charges apply for in country purchases and transactions
10. Non-revocation of purchases
10.1 A buyer cannot renege on a transaction when it has successfully placed a bid. Any discrepancy in weight and quality of livestock upon arrival at Buyer shall be regulated by LivestockAuctions Standard Operating Procedure and the final price shall be adjusted in accordance with the terms of the SOP.
LivestockAuctions shall have the right in its sole discretion, in extreme cases not amendable by the SOP, to cancel the transaction and return the livestock to the Seller at the Sellers expense.
10.2 Buyers need to familiarize them self with the weight and quality of livestock purchased before paying for the livestock. By accepting the livestock the Buyer accepts the correctness of the Lot purchased, as is.
11. Removal times
11.1 The seller shall be responsible for making all arrangements with the Driver for merchandise pick-up.
11.2 The buyer shall be responsible for making arrangements with the Driver for livestock delivery times and verify location where livestock should be dropped off.
11.3 The usual maximum removal time after a successful auction is 5 (five) working days.
12. General
12.1 LivestockAuctions reserves the right to, at its own discretion to change the commission structure for Buyers and Sellers.
12.2 a Seller listing livestock for sale on the LivestockAuctions platform can set required minimum price also referred to as the “reserve price”.
12.3 a Buyer agrees that the Online Auction work on a system where either the maximum value of a lot gets counted down automatically via predetermined decrements, to a lesser / reserve price, known as our Reverse Auction or where the maximum value (the sale price) of a lot is determined by prompting/asking for a higher/next bid within a predetermined time frame and predetermined increments. Individual internet speed of Buyers might mean that Buyers got beaten by another Buyer. This online auction works on a first come first served basis and LivestockAuctions’s designation of Buyer is final.
12.4 A Buyer acknowledges that all item/lots were available for video / photo inspection, prior to the sale and were satisfied. LivestockAuctions encourages Buyer to carefully inspect each Lot in which Buyer had any interest to determine the Lots` nature, quality, condition, sex percentages, quantity, size and grade.
12.5 All Buyers rely solely on their/its personal interpretation of information provided by LivestockAuctions`s Seller. Therefore, if the Buyer are unsure – Do not buy.
12.6 The Website User Agreement constitutes the final expression of the parties’ agreement and a complete and exclusive statement of the terms of the sale. The IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE SPECIFICALLY EXCLUDED from this sale and transaction and shall NOT apply to the merchandise that is the subject of these sales.
12.7 LivestockAuctions does not have control over the item/lots that are posted on the Website / platform and cannot guarantee the authenticity and quality of said product posted by its Sellers, hence the remedies offered in the SOP, and as otherwise tabled herein.
12.8 LivestockAuctions gathers information about Buyers and Sellers for the purposes of the furtherance of economic activities on the LivestockAuctions platform only. LivestockAuctions will not sell, rent or otherwise disseminate this information. Buyers and Sellers use the LivestockAuctions platform at their own risk. LivestockAuctions takes every effort reasonably commercially viable to ensure a safe platform for Seller and Buyer to trade on. LivestockAuctions is not responsible for any losses, including loss of Seller and Buyer information, suffered due to LivestockAuctions platform failure or unlawful penetration thereof for any reasons, whatsoever, out of its control.
12.9 LivestockAuctions reserves the right to withdraw Lots listed for auction before the auction at its own discretion.
12.10 LivestockAuctions reserve the right to reject any and all bids / offers to buy in their sole discretion.
12.11 Buyer will be furnished an electronic receipt at the conclusion of the sale. Buyer must provide LivestockAuctions with Buyer’s current, correct e-mail address, phone number, and physical address.
12.12 Any livestock sold on the LivestockAuctions platform may become undeliverable by LivestockAuctions for reasons of, including but not limited to, theft, fire, storms, riots, acts of God, viz mayor etc. In such event LivestockAuctions shall be entitled to cancel the sale and restore the status quo ante and Buyer shall have no claim against LivestockAuctions for losses of any kind or whatsoever.
12.13 No adjustment will be made with regard to a Lot`s inventory by Seller after a successful sale.
12.14 LivestockAuctions cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions in the functionality of the LivestockAuctions platform, caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Website. Seller and Buyer acknowledge that auction sales are conducted electronically and rely on hardware and software that may malfunction without warning. LivestockAuctions, in its sole discretion, may void any sale, temporarily suspend buying and selling of livestock Lots that were affected by any malfunction. The decision of LivestockAuctions is final.
12.15 LivestockAuctions uses email mailing lists and sms lists to notify its customers/Users about online and live sales/Auctions. If you are receiving a particular mailing and wish to discontinue receiving future mailings, simply forward the received email to LivestockAuctions and request to have your name removed from our mailing list.
12.16 Users agree that they / it will not use any robot, spider, other automatic device, or manual process to monitor or copy the Website or the content contained herein without LivestockAuctions’s prior, express written permission. Nor will they use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Website without prior, express written permission of LivestockAuctions. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
12.17 LivestockAuctions reserves the right to periodically change the terms and conditions of the Website and it is the Users` responsibility to periodically review any and all changes made to these terms and conditions prior to each use of this Website. By using this Website the User agree to accept all rules, terms, and conditions applicable at the time of use.
12.18 LivestockAuctions reserves the right, in its sole discretion, to ban any User from the Website
12.19 No legal advice is intended or implied by anything contained within the Site. No obligation, liability, responsibility, accountability or burden is undertaken, assumed or otherwise imposed by maintaining the Site.
12.20 Buyers, their agents, representatives, nominees or contractors enter Seller premises for purposes of removal of livestock sold at their own risk.
13. Breach
In the event of either of the Parties to this Agreement committing a breach of any of the terms and conditions hereof and remaining in default for a period of 10 (ten) days after receipt by it of written notice by email from the other Party calling for such breach to be remedied, the Party sending such notice shall be entitled, in addition to any other remedies it may have available in Law, either,
13.1 To cancel this agreement, or
13.2 To claim specific performance, and
13.3 In either instance to claim such damages from the other Party as it may have suffered together with Attorney’s fees on the scale as between Attorney and Client, including collection commission.
13.4 a Breach by a Buyer and the exercise of LivestockAuctions of its remedy as envisaged in paragraph 8.1 hereof requires no notice.
14. Notice and Domicilium
14.1 The Parties choose as domicilium citandi et executandi (“domicilium”) and for the delivery and service of all legal notices and process arising out of this Agreement or its termination / cancellation, or enforcement the email addresses –
14.1.1 Registered by Users during registration, and
14.1.2 in the event of LivestockAuctions – notice@LivestockAuctions.co.za
14.2 Either of the Parties shall be entitled from time to time, by written notice to the other, to vary its domicilium to any other email address.
14.3 Any notice required or permitted to be given in terms of this Agreement shall be valid and effective only if in writing and signed by or on behalf of the duly authorized representative of the notifying Party. For the purposes of this clause, notices shall include any notice in the form of a data message as defined in the Electronic Communications and Transactions Act, No. 25 of 2002, of South Africa.
14.4 Any notice which is sent by e-mail, shall be deemed, until the contrary is proved by the addressee, to have been received to have been received by the addressee on the day following the day of dispatch of the email.
14.5 Notwithstanding anything contained to the contrary in this Agreement, any notice written or otherwise actually received by one Party from the other Party shall be adequate notice to such Party.
15. Acceptance of terms and conditions
A Users` use of the Website / LivestockAuctions platform constitutes a complete and unconditional acceptance of the LivestockAuctions Terms and Conditions as set out herein and as amended from time to time.