GENERAL SALES CONDITIONS AND NEGOTIATING CONDITIONS TRONKS AUCTIONS
TRONZELAS Lda, identified below by “TRONZELAS LEILÕES” governs its auctioneer activity, in accordance with the negotiating conditions of the following articles, as well as any others expressed, published or posted in its own place before the start of any auction. The essential business conditions for buyers and essential for sellers are an integral part of a whole and cannot therefore be used separately.
I – CONDITIONS ESSENTIALLY FOR BUYERS
Art. 1 – Before the beginning of the auction, it is essential for all potential buyers or their representatives, duly accredited, to be of legal age and to request their registration in the auction, in order to be provided with a bidding number with which they will be able to participate in it. In the registration, the name, address, telephone number, taxpayer number or identification document number are mandatory, the opposition of your signature being the implicit manifestation of knowledge, agreement and acceptance of these conditions.
Art. 2 – The registration in the auction of a potential buyer is understood that he acts in his own personal name. In the case of representation on behalf of another person, “TRONZELAS LEILÕES” requires written authorization.
Art. 3 – At the time of registration in the auction or in the payment, “TRONZELAS LEILÕES” may request the presentation of the original of a valid and valid identification document (Ex. Identity Card) to the potential buyer.
Art. 4 – A payment guarantee, both in terms of form and amount, can be requested at any time by “TRONZELAS LEILÕES” to any potential buyer.
Art. 5 – The “TRONZELAS LEILÕES” reserves the discretionary power to refuse admission, presence or registration in the auction and to ignore any type of bidding, namely to those who have not fulfilled obligations to the auctioneer in this auction or in previous auctions.
Art. 6 – Bidding and purchase
1 – “TRONZELAS LEILÕES” considers that the best form of participation in an auction is the physical presence at the auction site of the potential buyer. 2 – In the event that a physical appearance of the potential buyer is not possible, the following alternatives are at your disposal to be able to participate in the auction: a) Online bidding – through the platform in use by the auctioneer. b) Written bidding – without prejudice to the provisions of the preceding articles, “TRONZELAS LEILÕES” may bid in the name and on behalf of potential buyers who expressly request it, through their own form, duly filled in under the terms of it, provided that it is received at least 5 days before the start of the respective session; c) Bidding by phone – whenever one of the potential buyers wishes, they must request it in writing in advance, indicating which goods they intend to bid by phone, as well as indicating the phone number (s) where they can be contacted, during the auction, always with a minimum of 5 days prior to the beginning of the respective session, making available to “TRONZELAS LEILÕES” to take the necessary, possible and reasonable steps to contact them by telephone, in order to allow their participation , by that route; c.1.) The services mentioned in the previous paragraphs, namely the purchase order execution service is provided as a courtesy to potential buyers who cannot be present at the auction, as for the telephone bidding service, a fee will be charged in advance 50,000.00 AKZ to guarantee one person on an exclusive basis for each bidder who participates by telephone, these services are confidential; c.2.) In relation to them, “TRONZELAS LEILÕES” will take all necessary, reasonable and possible steps within its reach for its correct and punctual execution; c.3.) However, neither “TRONZELAS LEILÕES” nor their representatives, nor their collaborators or workers under any circumstances, will be held responsible for any error, negligence, omission or lack of performance, which may eventually occur. that guilty.
Art. 7 – Minimum Increase – Maximum Increase
- a) With full and total discretionary power, it is up to the auctioneer to decide, the amount in which the bids evolve in the bidding process for each good. b) The auctioneer has the right to refuse any bid that does not exceed the value of the previous bid by at least 5%. C) Bids with values that include periods or commas are not accepted, only bids with whole values are accepted.
Art. 8 – It is considered as a buyer by “TRONZELAS LEILÕES” whoever by himself or represented by a third party with powers for the act, provided that it is duly registered and provided with a bidding number, bid and auction the good for the highest value, having the auctioneer has full powers to decide any doubts that may arise, such as removing or altering any asset from the auction or putting it back on sale for the amount at which the doubt occurred.
Art. 9 – “TRONZELAS LEILÕES” may not, under any circumstances, act in its own name as a buyer of the goods presented at auction.
Payments and Withdrawals
Art. 10 – According to the price list in force at “TRONZELAS LEILÕES”, the buyer undertakes to pay to it, the total amount for which he bought the property, plus a 5% service provision or any other percentage applicable taxes according to the specific conditions of each auction of movable or immovable property.
Art. 11 – It is the buyer’s obligation, on the day of the auction, to make the required payment of a down payment in percentage (20%) of the bid amount. Within three (3) business days following the date of the respective purchase, you must complete the payment, as provided for in article 10, as well as withdraw the good. After the aforementioned period of three (3) business days, the buyer loses the value of the deposit and the right to “TRONZELAS AUCTIONOS” reserves the right to charge interest or adopt any other measures that he deems convenient.
Art. 12 – Only after paying the total amount of the sale to “TRONZELAS LEILÕES”, it is considered that the ownership over the property becomes the buyer. If payment is made by check, and even if the asset is already in the buyer’s possession, the total amount of the sale will only be considered settled after a good collection has been confirmed and until the asset is verified, it remains the property of the seller.
Art. 13 – Any good or lot can only be withdrawn after full payment of the total amount due has been made. Any good that is fully paid and that is not collected by the buyer within a maximum period of 10 days after the auction sale, the ownership of that good or lot will immediately revert to “TRONZELAS LEILÕES”, which it can donate, throw in the trash or sell the good or lot, without the buyer being able to demand any compensation or indemnities for that fact.
Art. 14 – The buyer shall, at his expense and responsibility, undertake the handling, packaging, lifting and transportation of the acquired goods, within three (3) working days after the purchase, but never before fulfilling the referred to in article 13. a) Any help provided in these acts by “TRONZELAS LEILÕES”, through its representatives, its workers or collaborators is done as a courtesy, therefore, they cannot be attributed any type of responsibility in the event of any type of damage arising, although provoked by negligence. b) The eventual indication or suggestion of a company or person to carry out any of the aforementioned acts also excludes any liability of “TRONZELAS LEILÕES”, its representatives, its workers or collaborators, for any damages or losses resulting from these services.
Art. 15 – If the buyer does not collect the acquired goods within three (3) business days from the date of the respective purchase, he will be responsible for the loss or damage, including theft or theft, that may occur in the property, even if they are caused by negligence or other cause by “TRONZELAS LEILÕES”, its representatives, its workers or collaborators.
Art. 16 – If the asset is partially or fully paid, but not withdrawn within three (3) business days after the sale and there is a loss or damage of the asset, including theft or robbery, only gives the buyer the right to receive the amount paid up to that moment for the good, not having the right to any compensation, indemnity or interest.
Art. 17 – If the buyer does not settle the total amount due and the respective withdrawal of the asset, within three (3) business days from the date of the purchase, “TRONZELAS LEILÕES” may, at any time and without the buyer being able to claim any compensation or indemnity for that fact:
- a) take legal action to collect the total amount owed; b) Without prejudice to the right of “TRONZELAS LEILÕES” to receive the commission due by the buyer and the consequent possibility of legal action being taken to collect it, notify the seller of the cancellation of the sale; c) Charge interest on arrears at the legal rate in force on the amount due from the fourth (4) day until the date of full settlement of the amount due; d) Retain any goods sold to the missing buyer, in the auction in question, or in another and make them available only and after the global payment of the amount due; e) Acting in accordance with article 5 of this article; f) Take any type of measures that at any given time are suitable for obtaining full or partial payment of the default of the defaulting buyer, such as the retention of any asset, whatever the title, which is in the possession of “TRONZELAS LEILÕES”.
Art. 18 – The situations foreseen in the previous paragraphs, do not prejudice the right of “TRONZELAS LEILÕES” to claim the payment of interest on arrears, expenses for removal, packaging, storage, transport and / or insurance of the property to which it takes place.
Art. 19 – The defaulting buyer who has not collected the acquired asset, despite having paid it, will be solely responsible for all costs incurred in handling, packaging, removing, transporting, storing and insuring it, leaving the decision as to whether the storage will be carried out in its own warehouses or in others at the discretion of “TRONZELAS LEILÕES”.
Art. 20 – “TRONZELAS LEILÕES” is hereby authorized by buyers who have acquired goods through it, to photograph, advertise, publish and use, in any form, at all times and for all purposes, the image and the description of all these acquired goods.
Responsibility of “Tronzelas Leilões”
Art. 21 – It is the responsibility of “TRONZELAS LEILÕES” to do everything possible so that there is the greatest rigor in the descriptions of the goods put up for auction. However, it may happen that there is an error in the description and characteristics of any good and that the auctioneer has to correct or not, online, publicly and verbally, the description and characteristics of any good until the time of sale. In any case, neither “TRONZELAS LEILÕES” nor its representatives, its workers or collaborators will be held responsible for such facts.
Art. 22 – The goods put up for auction are sold in the state of conservation in which they are and where they are, being the responsibility of potential buyers to analyze and confirm personally, during their exhibition.
Art.23º – If there is a relevant discrepancy between the description of the asset and the reality of it that implies a significant change in its material value at the time of the auction, the buyer, duly identified, may request the cancellation of the auction before payment and withdrawal of the good of the place of the exhibition, being excluded the right to any, compensation, compensation or interest. Once paid and removed from the exhibition site, no claim or return will be accepted.
Art.24º – In order to verify what is foreseen in the previous Art., The buyer will always be responsible for the demonstration and unequivocal proof of the existence of a significant discrepancy between the description and the reality of the property.
Art.25 – The complaining buyer may be required by “TRONZELAS LEILÕES” to present a written exhibition accompanied by an expert opinion carried out and signed by one or more experts recognized in the national or international market, without prejudice to the right of “TRONZELAS LEILÕES”, to at all times and in any situation, oppose to the expert report presented another of equivalent value.
Art. 26 – If there is any kind of claim or claim by a third party or even a provisional or definitive seizure of any asset made by the competent authorities, regardless of the date on which the claim, claim or seizure occurred, it can never be demanded by any buyer, any kind of liability to “TRONZELAS LEILÕES”, for any losses or damages that the buyer has, and the latter must make the claim to which the seller or third party is entitled directly.
Art. 27 – There is also no type of responsibility on the part of “TRONZELAS LEILÕES” before any buyer of a good that may be prevented from leaving the country under the legislation for the protection of cultural heritage, regardless of the date on which it was the respective inventory, listing or classification has been carried out.
II – ESSENTIALLY CONDITIONS FOR SELLERS
Contract for services
Art. 28 – Any goods put up for auction are not the property of “TRONZELAS LEILÕES”, the latter being limited to intermediating the sale.
Art. 29 – As soon as a seller and “TRONZELAS LEILÕES” sign a service provision contract, both are automatically bound by the service provision contract.
Art. 30 – Elements to be included in the service contract: a) Full identification of the seller including Name, Address; Telephone, Taxpayer Number, Identity Card and, if applicable, your representative; b) Identification and description of the asset, even if summary; c) Indicative selling price of the asset; d) The commission due by the seller to “TRONZELAS LEILÕES”, for the provision of services; When applicable, e) Fees due for insurance and inventory of the asset; f) Other fees or services agreed between the parties, namely those related to packaging, transport, photographs, etc.; g) Signature of the seller or his legal representative with powers for the act, declaring to know, agree and accept these Negotiating Conditions and others to which they may take place.
Art. 31 – Guarantees to be given by the seller to the auctioneer when entering into the contract for the provision of services: a) You must ensure that you are the owner and legitimate owner of the good you intend to deliver for auction, reserving the “TRONZELAS LEILÕES” right to request the presentation of documents proving the property of the same, or being a legal representative of the owner, authorized by the owner to sell the property, present for the purpose documents that corroborate this relationship, and should in any case expressly inform about the possible inventory or listing of the property by official entities; b) You must ensure that you are not aware of any information that could change the willingness of “TRONZELAS LEILÕES” to contract under the terms in which you did so; c) You must ensure that, after signing the service provision contract, you place the good or goods in question, at the disposal of “TRONZELAS LEILÕES” and the buyer; d) In the event that the seller requests the cancellation of the sale of any goods included in his contract for the provision of services and which has already undergone one or more treatments such as inventory, photography, cataloging, etc. “TRONZELAS LEILÕES” reserves the right to charge a service fee and applicable taxes on the agreed indicative price; e) The seller assumes the obligation to indemnify “TRONZELAS LEILÕES”, its representatives, its workers or collaborators, as well as the buyer for any damage or loss they suffer as a result of non-compliance with any of the business conditions mentioned herein.
Art. 32 – Whenever “TRONZELAS LEILÕES” understands, it can, at any time, carry out or have examinations and / or appraisals carried out on the property, in order to confirm the respective description made in the service provision contract. a) If through such examinations or expert reports it is concluded that the service provision contract is not materially correct, “TRONZELAS LEILÕES” may denounce or resolve it; b) If it is found that the seller acted with intent or gross negligence in the negotiation and conclusion of the service contract, the latter shall indemnify at least twice the value of the lot to “TRONZELAS LEILÕES” for any type of damage and / or damage that it has suffered, including image damage in the event that the sale of the good has already been advertised; c) The contract for the provision of services may also be terminated or resolved by “TRONZELAS LEILÕES”, without the right to any kind of compensation on the part of the seller, in the event that such examinations and / or expert assessments do not prove to be enlightening, as they still exist “TRONZELAS LEILÕES” strong doubts about the material correction of the contract. All information and description of goods provided by the seller is considered to be true, so the seller assumes all and any responsibility that may be determined, namely the double debit of any lots returned as a result of any error, mistake, omission or untruth in the information provided by any means or form to “TRONZELAS LEILÕES” namely verbal, email, fax, letter, sms, etc …
Art. 33 – After the seller and “TRONZELAS LEILÕES” sign the respective service contract, “TRONZELAS LEILÕES” is expressly authorized to photograph, advertise, publish and use, in any form, and for all purposes, the image and description of all assets included in the aforementioned service provision contract.
Art. 34 – “TRONZELAS LEILÕES” can also freely establish the number of goods to be placed in each lot.
Art. 35 – The seller shall, at his expense and responsibility, take care of the handling, packaging and transportation of the goods for delivery at the premises of “TRONZELAS LEILÕES”, as well as their subsequent handling, packaging, lifting and transportation in case of non-sale. In both cases (delivery and collection), they must be checked by the receiving entity, if the condition of the goods is in accordance with the description.
- a) Any assistance provided in these acts by “TRONZELAS LEILÕES”, its representatives, its workers or collaborators must be considered as courtesy, and no liability can arise from that assistance, even if there is damage caused by negligence. b) The eventual indication or suggestion of a company and / or natural person to do any of the acts mentioned in this article also excludes any type of liability of “TRONZELAS LEILÕES”, its representatives, its workers or collaborators, for any damages or losses arising from these services.
Art. 36 – After the signing of the service provision contract with “TRONZELAS LEILÕES”, all and any types of damages or losses, including theft or theft that arise in the property subject to it, are the exclusive and entire responsibility of the seller. that is still in the possession of the seller, who may have to indemnify “TRONZELAS LEILÕES” for damages or losses in the good object of the service provision contract.
Art. 37 – “TRONZELAS LEILÕES” is only responsible for the goods that are deposited in its facilities provided that the respective service provision contract, is duly signed by the parties with insurance included (when applicable).
Art. 38 – Any liability of “TRONZELAS LEILÕES” for possible losses or damages, including theft or theft, which may occur in assets that have been formally entrusted to it, under the terms of the previous article, is covered by the agreed indicative amount.
Art. 39 – To the total amount of the auction of the good, the seller expressly authorizes
“TRONZELAS LEILÕES” to be deducted: a) The commission due to you under the contractual terms, plus applicable taxes; b) The value of services and other payments due under the contractual terms.
Art. 40 – After the sale of a good, and the entire sale is received from the buyer, “TRONZELAS LEILÕES” undertakes to deliver to the seller the amount of the sale, deducted from the commissions, services and taxes that are due, the seller to contact “TRONZELAS LEILÕES” after the date of the last session of the respective auction, to collect the respective payment.
Art. 41 – Whenever any seller also makes any purchase at the auction, the latter expressly authorizes “TRONZELAS LEILÕES” to deduct from the net amount due to him, the sums paid by him as a buyer.
Art. 42 – If after the period referred to in “TRONZELAS LEILÕES” has not received the total sale price from the buyer, the seller must be informed of this fact. a) Whenever in the attitude to be taken against the buyer, the intervention of the seller is necessary, he must mandate “TRONZELAS LEILÕES” for everything that is necessary or convenient for such purpose; b) If “TRONZELAS LEILÕES” succeeds in collecting the debt, either judicially or extra-judicially, it must deliver the amount due to the seller within five (5) business days following the collection made.
Art. 43 – In no case can “TRONZELAS LEILÕES” be held responsible by any seller for the lack of payment or forfeiture of any buyer in relation to any lots auctioned.
Not selling a good
Art. 44 – If the sale of the asset in auction to “TRONZELAS LEILÕES” has not been made, it should inform the seller of this fact, so that the seller:
- a) Pay to “TRONZELAS LEILÕES” what is stipulated and foreseen in the service provision contract, when applicable; b) Proceed with the withdrawal of the asset within five (5) working days from such communication, when applicable; c) Although the sale of the goods has not taken place, the seller is not entitled to any type of compensation or compensation for this fact; d) After the period referred to in paragraph b) of the previous article has elapsed without the seller having collected the asset, the seller will be responsible for the loss or damage, including theft or robbery, which may occur in the asset, and since that date he cannot request any type of responsibilities to “TRONZELAS LEILÕES”, its representatives, its workers or collaborators, even if caused by negligence; as well as the payment of a daily storage fee per batch for each day that passes without the goods being picked up by the seller; e) All expenses with the handling, packaging, removal, transport, storage and insurance of the same goods will be borne by the defaulting seller, who has not yet collected his goods, leaving the decision to store in warehouses. own or unrelated to the criterion of “TRONZELAS LEILÕES”.
Art. 45 – Five (5) days after the communication referred to in the previous Art., And without any formal response from the seller, “TRONZELAS LEILÕES” may sell the item at auction, without being subject to the indicative sale price, receiving commission and fees set out in the service provision contract, with the right to deduct all amounts owed by the seller.
CONDITIONS FOR BUYERS AND SELLERS
Art. 46 – Databases a) Buyers and sellers clarified and expressly authorize the processing of their personal data collected in the auction registration form, in contracts, invoices and other documents. b) The personal data collected from buyers and sellers are used for the purpose of processing the contractual obligations of “TRONZELAS LEILÕES”, for sending information about activities, exhibitions and auctions to be developed by “TRONZELAS LEILÕES”, as well as sending information promotional; c) To change, rectify or delete your personal data, buyers and / or sellers who are registered should do so by sending an e-mail to [email protected] or a letter to the “TRONZELAS office AUCTIONS ”located at the 11 de Novembro Stadium, gate 1. Luanda, Angola.
Art. 47 – Any and all communication from “TRONZELAS LEILÕES” to its customers, namely buyers, eventual bidders, sellers, owners or accredited representatives of any of the aforementioned customers, will be carried out by email, text message and be considered -it will be received by the recipient 48 hours after its dispatch.
Art.48 – For the resolution of any conflict between the parties within the scope of the service provision contract entered into between them, the jurisdiction of the District of Luanda will be competent, with express waiver of any other. “Tronzelas, Lda”
*In case of errors or inconsistences the Portuguese version prevails.