Terms and Conditions


Sale Terms and Conditions

Rules of sales comply with the Consumer Protection Act No 68, 2008

  1. Admission to site and premises and use of the SMD websites

    1. Right of admission to any SMD premises and the websites are reserved. Please note that any person entering our premises may be subjected to a random body search. All vehicles entering and exiting SMD may be searched. Any person caught stealing will be prosecuted. No intimidation of any person will be permitted at SMD. Any person found to be intimidating another, will be removed from SMD and blacklisted permanently.
    2. Right of admission to online content at www.smd.co.za and live.smd.co.za is reserved and you might be required to register online in order to access content. At registration you will have to supply us with accurate and true information. Supplying us with false information will result in your online account and your SMD account being blocked and blacklisted. By registering online you agree to the terms and conditions herein.
  2. All vehicles are sold as "Motor Salvage", irrespective of their appearance or condition

    1. All vehicles are sold as is.
    2. Unless the contrary is displayed or announced by the Auctioneer, lots on sale are by voluntary surrender by their respective owners, except for bank repossessions which can be identified on your catalogue by the word "FICA". Vehicles on sale at SMD are from SA's leading short term insurers and finance institutions, with supplements.
    3. Some vehicles are sold with a reserve price, and can be identified where the vehicle is marked Subject to Confirmation (STC).
    4. The buyer agrees that he/she has acquainted themselves with the condition of the vehicle(s) prior to sale and understands these vehicle(s) may need repair in order to be in a safe working condition.
    5. The buyer acknowledges that neither the seller of the vehicle(s), nor any SMD representative gave any warranties or guarantees, or made any representations with regard to the condition or state of any vehicle sold.
    6. All vehicle descriptions given by SMD are a close representation only. SMD will not be held liable for errors in description, and no refunds or returns for same will be entertained. The responsibility to verify the exact derivative of each vehicle lies with the buyer.
    7. All batteries are removed prior to sale for Branch Auction vehicles, and on release of Online Daily Sales vehicles; except where the vehicle is a bank repossessed vehicle, identified with the word FICA. Spare Wheels are included where the vehicle was received with one.
    8. Additional costs for the buyer's expense and discretion will include: (1) Repairs and sourcing of repairs of vehicle(s), (2) Keys, if none at time of sale (3) battery (4) Removal of vehicles from premises (5) Licensing (6) Police Clearance Fees where applicable.
    9. All vehicles have codes, which are in fact eNaTIS lookup table values.
      • Code 2 - Widely described as a "Used Vehicle", can be in a damaged state.
      • Code 3 - Widely described as a "Rebuilt Vehicle", can be in a damaged state.
      • Code 4 - Is a "Permanently Demolished Vehicle". By law you can only buy this vehicle for parts and cannot repair it and drive it.
    10. When the catalogue or online screen indicates "Start", it is an indication that the vehicle started on arrival at our SMD premises. It is not a guarantee that the vehicle is in the same condition and that the vehicle will still start.
    11. Buyers must remove all previous owners signage and branding, in particular any company branding, before registration, sale or use of the vehicle.
    12. By law, vehicle(s) bought for export, must first be registered in your name before you may proceed with exportation. Foreign nationals will need a Traffic Register in order to complete change of ownership.
  3. Deposit

    1. A deposit is payable to register for a Branch Auction (R5 000) or take part in a Online Daily Sale (R5 000), and can be paid by using your ID number or Traffic Register number as a reference by the following methods: Electronic Transfer, Cash deposit or Bank / Bank guaranteed cheque. If you register online, a Payment Advice for the deposit will be emailed to you. Please use this reference when paying your deposit, and not your ID number or Traffic Register number. If your deposit is not showing, please email your proof of payment to info@smd.co.za with your ID number or traffic register in the subject line or contact our Call Centre on 012 492 0123 to link your deposit.
    2. No cash can or will be accepted at any branch due to security reasons.
    3. If you decide to pay your deposit by cheque of any kind, clearance can take up to 10 days, and until all the funds have fully cleared our account, no vehicle will be released. This includes bank/bank guaranteed cheques. Cheques must be made out to "Salvage Management & Disposals (Pty) Ltd".
    4. Deposits will only be refunded to a buyer if they have not bought anything on a sales channel (Branch Auction or Online Daily Sales) and he/she does not have any outstanding balances towards any purchase. Original proof of your banking details such as a bank statement or bank profile is needed to process your refund, as all refunds are done by Electronic Transfer only.
  4. Payment terms

    Please note each sales method below has additional payment terms

    1. A 0,5% cash handling fee will be levied on all cash deposits.
    2. Effective 1 January 2017 the document handling fee will increase to R 1500 excluding VAT.
    3. All prices and fees shown on your Pro Forma Invoice are final, and cannot be negotiated or discounted.
    4. Please confirm all details on your Proforma before you make any payments, or an automatic invoice will be issued and no changes will be permitted. SMD does not issue credit notes and re-invoice vehicles. Please check the following information: Company Name (if any), VAT number, address, etc.
    5. If you decide to pay by cheque of any kind, clearance can take up to 10 days, and until all the funds have fully cleared our account, no vehicle will be released. This includes bank/bank guaranteed cheques. Cheques must be made out to "Salvage Management & Disposals (Pty) Ltd".
    6. The buyer must notify SMD within the payment period of all payments made.
    7. The quickest way to pay for your vehicle is by requesting your bank to transfer the funds from your account to ours, using the same bank, and the exact reference shown on your Pro Forma invoice.
    8. You may not pay your balance using a debit or credit card.
    9. No vehicle is sold subject to finance.
  5. FICA

    1. In accordance with the Financial Intelligence Centre Act (FICA) No. 38 of 2001, no repossessed vehicle/article will be released until all parties to the transaction, including the bank, have been identified and verified in terms of the requirements of the Act.
  6. Removal of vehicle(s)

    1. Once full and final payment has cleared our account, the buyer must remove their vehicle(s) from the holding SMD branch within 48 hours or storage fees may be charged. All outstanding storage fees, if applicable, must be paid before the vehicle will be released.
    2. No vehicles may be removed during any Branch Auction sale. Vehicles can only be removed from the premises until 16:00 weekdays only, excluding Public Holidays.
    3. Vehicle(s) on our premises from the time of purchase to the time of collection in regards to the vehicle(s) purchased will be at the buyer's risk and own account, in particular for any damage or shortage which may occur.
    4. Vehicle(s) may only be removed from SMD's premises by a third party if they have a signed letter of consent from the buyer, and a certified copy of the buyers ID.
  7. Registration papers and licensing

    1. The document handling fee charged is a pre-sales administration fee to prepare documents for sale. This is not the fee charged by Licensing to change ownership of the vehicle and license the vehicle in the new buyer's name. This fee is for the buyers account.
    2. Papers for Branch Auction vehicles will be available for collection immediately after the sale, except where there is a paper delay.
    3. Papers for other sale methods will be available for collection from the branch up to 10 days after the sale, depending on licensing.
    4. Online Buyers can preselect the branch they wish to have their registration documents sent to on your Account profile on the website.
    5. Papers for repossessed vehicles can be collected 7 days after sale.
    6. Papers will only be given to the purchaser. Papers will not be issued on a driver's license. Papers will only be issued on presentation of an RSA ID or Traffic Register and Passport, and once full and final payment has been made.
    7. Papers will only be given to a third party if they have a signed letter of consent from the buyer, and a certified copy of the buyers ID.
    8. Notice of Change of Ownership (NCO) documents will be given to the purchaser to complete in his/her name only.
    9. In terms of Road Traffic Act 1989 Regulation 237(1), no person may buy, sell or trade with an unregistered or unlicensed motor vehicle.
    10. If you purchase a Code 2, you must register the vehicle in your name within 21 days of purchase, as per the Road Traffic Act 1989 Section 14. Code 2 vehicles can be registered before they are repaired.
    11. If you purchase a Code 3, you must first repair your vehicle, and then take it for Police Clearance. You will then be able to register the vehicle in your name.
    12. SMD also does not sell spare parts, but sells vehicles as whole units. A Code 4 vehicle is sold with No Papers and therefore does not need to be licensed. It may only be bought to strip for parts. By law, you may not repair it and drive it.
    13. Any traffic fines received from vehicles sold by SMD, will be transferred onto the buyer’s name and for their account.
    14. Date of first registration on the registration papers, is not necessarily the year model.
  8. Breach / Cancellation

    1. You cannot cancel any vehicles you have bought.
    2. In the event that (1) full payment of the total purchase price of the vehicle(s) shown on the Pro Forma Invoice, (2) the buyer cannot comply with FICA or (3) within the payment period has not been met, the buyer will have defaulted on the sale and agrees to the following:
      1. Immediate cancellation of the sale(s) without notification to the buyer.
      2. The buyer will have no further claim on the vehicle(s).
      3. The buyer may be blacklisted on the SMD system, and such buyers may be refused permission to purchase at all SMD branches or any online systems in future.
      4. The buyer authorizes SMD to deduct a cancellation fee of 10% of the invoice total, as pre-estimated and liquidated damages, with a maximum penalty of R5,000.
  9. General

    1. SMD reserves the right to cancel any sale for any reason whatsoever, in their sole discretion, and at any time prior to the vehicle being removed from the SMD premises. Should SMD elect to cancel the sale, the buyer will be notified verbally and all monies paid by the buyer to SMD will be refunded within 10 working days. Original proof of banking details such as a bank statement or bank profile will be requested in order to process any refund.
    2. When using the online bidding site at live.smd.co.za, we will use the Province you entered upon registration and display it on our online systems whenever you enter a successful bid.
    3. Your experience of our online auction system is dependent on your own network and hardware environment. If you notice that your connection to our system is slow, please keep in mind that you need to leave yourself ample time to respond to other bids if need be. This especially applies when trying to bid in the last 5 seconds of a Online Daily Sale, or right before the countdown finishes on Branch Auctions.
    4. All sales are considered final once payment and removal of vehicle(s) has been effected.
    5. No exceptions to any of the above will be entertained.
    6. For all purposes, including litigation, relating to and arising from these Rules of Auction, the buyer determines as his/her Domicilium Citandi et Executandi the address given by him/her at the time of registration and which is signed by the buyer.
    7. No verbal agreements will be accepted.
    8. SMD does not favour any person, and all buyers are treated equally.
    9. No vehicle may be repaired in any SMD yard.

Branch Auctions:

  1. Viewing

    1. Viewing for a Branch Auction is up to 48 hours in advance of the Branch Auction as advertised. Viewing can be done in person at the participating branch or online, however some auctions have exclusive online viewing only. All Branch Auctions have an online catalogue available at https://www.smd.co.za/auctions/upcoming.
    2. People wishing to view the Branch Auction sale either online or at the branch may do so at no cost and do not have to register. However, SMD reserves the right to change this at any time and may require you to register in the future. We also have the right to terminate your online viewing session at any time to manage online load for registered buyers.
  2. Pre-Bidding

    1. Branch Auctions are now open for Pre-Bidding. To participate, simply register online for the auction and place your bid. You will be notified via email when you are the highest bidder, and also when you have been outbid.
    2. During the Pre-Bidding process, other registered buyers can bid against you.
    3. Pre-Bidding is open on all items for sale, prior to the auction of that item. During the Pre-Bidding process, the buyers can regulate the bid increments.
    4. Once Pre-Bidding closes, that is when the auction of the item commences, the Auctioneer will regulate the bid increments.
    5. The highest Pre-Bid amount on any vehicle will be the starting bid for the Auctioneer.
  3. Autobid

    1. If you are registered online for a Branch Auction, prior to the sale of the item, you can enter an Autobid amount against each item or lot you are interested in.
    2. An Autobid is the maximum bid you are prepared to pay for an item. The system will then automatically bid on your behalf up until your maximum.
    3. Bidding increments will be determined by the Auctioneer, and may or may not reach your maximum Autobid amount.
  4. Auction process

    1. All buyers will be bound by all announcements made before, and during the Branch Auction sale by the Auctioneer irrespective of whether he is present at the time such announcements are made or is an online buyer.
    2. Goods put up for sale on Branch Auction are in Lots, and each Lot is, unless there is evidence to the contrary, regarded to be the subject of a separate transaction.
    3. The Auctioneer has the right to control and regulate the bidding, in accordance with industry standards. The Auctioneer also has the right to withdraw any vehicle/article prior to sale, without notice.
    4. Online Buyers will not be permitted to bid against themselves, except in the case where they are the highest bidder on a reserved vehicle, and the buyer willingly wishes to bid against him/herself in order to meet the reserve.
    5. The highest accepted bid will be called out as “Sold!” together with the buyer’s number (also known as “the fall of the hammer”).
    6. If you buy online, a notification will be shown that you won the lot and it will automatically be added to your account or purchase “basket”. When you are finished purchasing items on the auction, you can proceed to check out and get a Pro Forma invoice.
    7. On the fall of the hammer each sale becomes final. In the event of a dispute during the auction at the time of sale of the Lot, the Auctioneer may sell the vehicle to the original purchaser or he may immediately re-auction the lot.
  5. Registration

    1. All buyers who wish to participate in bidding (either online or in person at a branch) are required to register for a Branch Auction. The deposit for all Branch Auctions is R5 000. See Deposit instructions above.
    2. To register for a Branch Auction at a branch: SA Citizens: Bring your RSA ID Book and proof of payment. Foreign Nationals: Bring your Traffic Register, valid (not expired) Passport and proof of payment. By law, you cannot register on a Passport alone.
    3. To register for a Branch Auction online: Register on the website and click on the Branch Auction you wish to participate in. Click on register. If you have a deposit with us, you will automatically be registered. If you do not have a deposit with us, a Payment Advice requesting that you pay the deposit will be emailed to you. Please ensure you pay the deposit using the reference shown well in advance of the auction to ensure you are able to bid. If the system is not picking up your deposit, please contact our Call Centre on 012 492 0123 to link your deposit.
    4. Registration starts up to 24 hours prior to the Branch Auction. The Auction will not be delayed for any person, and will start strictly at the time shown. However, you may register at any time before and during the auction. No buyer may register after the sale of a vehicle in order to be able to purchase a vehicle. All SMD Loyalty Card holders are required to register for each auction and are subject to all Auction Rules. In terms of Regulation 26 (3) of the Act, buyers who cannot attend the auction in person may send a person on their behalf, but must produce a letter of authority to SMD at registration.
  6. Payment terms

    1. What you bid for is not the final amount you will have to pay. The fees are calculated for each vehicle as follows:
      • Bid + 5% (buyer’s premium) + 1500 (document handling fee) + VAT on that total = Total Sale e.g. R 10,000 + R 500 + R 1500 + R 1,680= R 13,680
    2. Full and final payment must be made using the reference on your Pro Forma invoice within a maximum of 24 hours of the auction. Please ensure you familiarize yourself with the payment period for each auction. For online purchases this period is strictly 24 hours.

Online Daily Sales Auctions:

  1. Viewing

    1. Viewing of all vehicles is available electronically through SMD360. Additional images may also be made available online.
    2. Viewing of all vehicles in person is by appointment only.
  2. Autobid

    1. If you are registered online for a Online Daily Sales auction, prior to the sale of the item, you can enter an Autobid amount against each item or lot you are interested in.
    2. An Autobid is the maximum bid you are prepared to pay for an item. The system will then automatically bid on your behalf up until your maximum.
    3. Bidding increments will be determined by the system, and may or may not reach your maximum Autobid amount.
  3. Online Daily Sales Auction process

    1. Vehicles on sale are subject to a reserve or minimum price indicated by "Subject to Confirmation".
    2. Once the starting bid or reserve price had been accepted by a buyer, the "Subject to Confirmation" will change to ‘No’ on screen, indicating the reserve or minimum has been met.
    3. All vehicles are on Online Daily Sales Auction for a specific time period, and expire in the time shown.
    4. The Online Daily Sales Auction process is regulated by the registered online users who determine the highest current bid. Bids for Online Daily Sales Auction vehicles can only be made online.
    5. Should you hold the highest bid upon closing of the bidding time, and your bid meets the reserve, a notification will be sent via email to inform that you have been successful in purchasing the vehicle. The sale is then final. If you hold the highest bid and your bid is under reserve, the seller will be notified to approve or decline your offer before the sale is finalised.
    6. If no bids are received during the closing period (finalising the last bid), the vehicle will be sold to the highest bidder. However, should bids be received during the closing period, the bidding time allowed will be extended to accommodate the buyers and a new expiry time will automatically be set.
    7. The system will automatically not allow any buyer to bid against him/herself, unless your bid is under the reserve and you wish to bid in order to win the vehicle.
  4. Registration

    1. To register for a Online Daily Sales Auction: SA Citizens must be in possession of a South African ID and Foreign Nationals must be in possession of a Traffic Register and valid (not expired) Passport. By law, you cannot register on a Passport alone. All buyers wishing to participate in Online Daily Sales Auctions are required to register online and pay a deposit of R5 000 in order to bid. If you have a deposit with us, you will automatically be registered. If you do not have a deposit with us, a Payment Advice requesting that you pay the deposit will be emailed to you. Please ensure you pay the deposit using the reference shown well in advance of the auction to ensure you are able to bid. If the system is not picking up your deposit, please contact our Call Centre on 012 492 0123 to link your deposit.
    2. Do not share your website login details with any person. Should you share your details with any other person or party, you will be liable for purchases they make using your account.
  5. Payment terms

    1. What you bid for is not the final amount you will have to pay. The final price is calculated as follows: Bid + 5% (buyer’s premium) + 1500 (document handling fee) + VAT on that total = Total e.g. R 10,000 + R 500 + R 1500 + R 1,680 = R 13,680
    2. Full and final payment must be made within a maximum of 24 hours of the Online Daily Sales Auction, and is specific to each transaction. Please ensure you familiarize yourself with the payment period for each transaction.

Buy Now:

  1. Payment terms
    1. The displayed price does not include the following: Buyer's premium of 5%, document handling fee and VAT. The final price is calculated as follows: Bid + 5% (buyer’s premium) + 1500 (document handling fee) + VAT on total = Total e.g. R 10,000 + R 500 + R 1500 + R1,680 = R13,680
    2. Full and final payment must be made within a maximum of 24 hours of the transaction being initiated, and is specific to each transaction. Please ensure you familiarize yourself with the payment period for each transaction.

Payment

#### FNB

ACC: 62093203546

Branch: Gauteng East

Code: 252605

FICA

Notwithstanding any contrary provision, no second hand, fleet, rental or repossessed sales to SMD will be completed until all parties to the transaction have been identified and verified in terms of the requirements of the Financial Intelligence Center Act (FICA) No. 38 of 2001. SMD will only accept original documents or certified copies. No photocopied or faxed documents will be accepted. No exceptions will be made.

If you are a business

You will need to bring all of the following:

If you are a private buyer

You will need to bring all of the following:

Acceptable forms of proof of address

Applicable to documents that are issued:

Choose from one of the following reflecting the name and address of either the person or business:

Website Terms and Conditions

  1. Website Terms of Use

    These Terms (“Terms”) govern your (“User”) use of the Salvage Management and Disposal (Proprietary) Limited (hereinafter referred to as “SMD”) Website. By accessing and using the Website, you agree to be bound by the Terms set out in this legal notice. If you do not wish to be bound by these Terms, do not access, display, use, download, or otherwise copy or distribute content obtained at the Website.

  2. Updating of these Terms

    SMD may change, modify, add to or remove from portions or the whole of these Terms. Changes to these Terms will become effective when the changes are posted to this Website. SMD will notify you of the changes via email or by posting a prominent notice on the Website. Your continued use of this Website following the posting of changes or updates will be considered notice of your acceptance of these Terms, including any changes or updates.

  3. Complaints and disputes To file complaints, please email service@smd.co.za. Currently SMD does not subscribe to any alternative dispute resolution code or mechanism.

  4. Copyright and Intellectual Property Rights

    1. SMD provides certain information on the Website. Content displayed on the Website is provided by SMD, its affiliates or subsidiary, or any other third party owners of the content (“Content”). All the proprietary works, and the compilation of the proprietary works, belong to SMD, its affiliates or subsidiary, or any third party owners of the rights (“Owners”), and the Content is protected by South African and international copyright laws.
    2. SMD may make any changes to the Website, the Content, or to products or services offered through the Website at any time and without notice to you. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms, you are not granted a license or any other right including under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
  5. Limited License to General Users

    1. SMD grants you, a non-exclusive, non-transferable, limited and revocable (reversible) right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.
    2. This Website and the Content may not be reproduced or otherwise exploited for any commercial purpose without the express prior written consent of SMD.
    3. The license does not allow you to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative (copied or derived) use of this Website or the Content for the benefit of another merchant. You may not frame the Website or the Content without the express written consent of SMD.
    4. SMD and the Owners, their affiliates or subsidiary reserve the right to remove or edit content, in their sole discretion.
    5. Any unauthorised use terminates this license.
  6. Limitation of liability:

    1. The Website and all Content on the Website, are provided on an “as is” basis, and may include inaccuracies or typographical errors and SMD, Owners, suppliers, employees, directors, partners, affiliates and agents will not be liable for any damage, or loss or liability of any nature incurred by whoever as a result of any action or omission. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content, or any third-party content accessible via an Internet link.
    2. Neither SMD nor any holding company, affiliate or subsidiary of SMD or Owners, will be held responsible for any damage of any kind, related to the use of, or the inability to access or use the Content or the Website or any functionality, or of any linked website to the extent permissible by law.
  7. Interception of communications

    1. Despite such undertaking, it is possible for Internet-based communications to be intercepted. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. The Owners will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential or disclosed information that you make to the Owners or SMD through the Internet, or that you expressly or implicitly authorise the Owners to make, or for any errors or any changes made to any transmitted information.
    2. To ensure acquaintance with and awareness of the privacy measures and policies of SMD, you are urged to take care to read and understand the underlying privacy clauses incorporated in these Terms.
  8. Privacy

    1. You may visit the Website without providing any personal information.
    2. You accordingly grant express written permission for the Website servers in such instances collecting the IP address of the User computer, but not the email address or any other distinguishing information.
    3. This information is aggregated (added up) to measure the number of visits, average time spent at the Website, pages viewed, etc.
    4. SMD uses this information to determine use of the Website, and to improve Content.
    5. SMD assumes no obligation other than required by the current legislation to protect this information, and may copy, distribute or otherwise use the information within the boundaries of the current legislation.
    6. SMD may monitor and edit or remove any Information, where posted to public pages. SMD takes no responsibility, and assumes no liability for any Information posted by you or any third party.
    7. SMD receives and stores all Information, including Personal Information which you enter on the Website or gives to SMD, in any other way. You may choose not to provide certain Personal Information, but that may limit the services or products that you may wish to obtain from SMD.
    8. SMD aspires to provide first-class service to its customers, which requires SMD providing information to you about new services or special offers. In each instance, you are provided an opportunity to opt-out of such information circulars. For more information, please call the Provider Help Desk, or send an email to info@smd.co.za.
    9. SMD understands that efficiency and customer care translates to good service. SMD may periodically conduct online customer care surveys to enable the updating of service standards.
    10. Use of the data that you provide us, or which is collected by use on our Website, is governed by our private policy. By using our Website, you consent to such processing.
    11. Personal Information will be stored for as long as it is used and for a period of one year, together with a record of the Personal Information and the specific purposes it was collected for. Personal Information will be destroyed once it has become obsolete (out of date or unusable).
  9. Choice of Law

    1. This Website is controlled, operated and administered by SMD from its offices as set out below within the Republic of South Africa.
    2. These Terms will be governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the North Gauteng High Court in the event of any dispute.
    3. If any of the provisions of these Terms are found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible so as to give effect to the intent of these Terms, and the remainder of these Terms will continue in full force.
    4. These Terms constitutes the entire agreement between the Provider and the User with regard to the use of the Content and this Website.
  10. Contact Details

    In the event that you need to contact SMD for purposes related to these Terms and Conditions, please use the following:

    Email: info@smd.co.za

    Telephone: 087 285 0232

Date: 2017-12-13