List property online with BidOnRed.com The fastest, simplest & most affordable way to sell "*" indicates required fields 1Seller Details2Property Details3Seller's Disclosure4Listing Fee5Terms & Conditions Date: 13/02/2025Please select type of Seller Individual(s) Foreign National SA Company or Closed Corporation Foreign Company Trust Partnership Seller DetailsFull Name* First Name Surname ID/Passport Number* Contact Number (C)*Contact Number (W)Entity Name* Entity Registration Number* Number of Partners*2345Partner 1* First Name Surname Partner 1 ID Number* ID NumberPartner 2* First Name Surname Partner 2 ID Number* ID NumberPartner 3* First Name Surname Partner 3 ID Number* ID NumberPartner 4* First Name Surname Partner 4 ID Number* ID NumberPartner 5* First Name Surname Partner 5 ID Number* ID NumberEmail* Phone*Physical Address (Domicilia Citandi)*The address within the Republic of South Africa (Domicilia Citandi) nominated by a seller, at which he or she elects to receive all legal notices and documents Street Address City Province Postal Code Seller's Duly Authorised RepresentativeElected and authorised by the entity to represent and sign on behalf of said entity.Full Name* First Name Surname ID/Passport Number* Contact Number (C)*Contact Number (W)Value-Added Tax (VAT)Is the seller VAT registered?* Yes No VAT Number* Your details will be used in accordance with our Privacy Policy Key InfoProperty TypeA house is a house on its own plot, which can be part of an estate. A townhouse is a small house within a sectional title unit, where common areas (like driveways, gardens and corridors) are shared. An apartment is also called a flat, and is part of a block - also a sectional title unit, where common areas (like driveways, gardens and corridors) are shared. A plot is a piece of land without a building on it. A farm is a rural piece of land, often including a number of buildings, such as a farmhouse and a barn. A smallholding is a small farm. A commercial property is a building that has been zoned for business. such as an office or retail space.HouseTownhouseApartmentPlotFarm SmallholdingCommercialUnit* Sectional Title Name* Street No & Name.* Suburb* Postal Code* RoomsBedrooms0 Bedrooms1 Bathroom2 Bathrooms3 Bathrooms4 Bathrooms5 Bathrooms6 Bathrooms7 Bathrooms8 Bathrooms9+ BathroomsBathrooms0 Bathrooms1 Bathroom1.5 Bathrooms2 Bathrooms2.5 Bathrooms3 Bathrooms3.5 Bathrooms4 Bathrooms5 Bathrooms6 Bathrooms7 Bathrooms8 Bathrooms9+ BathroomsGarages0 Garages1 Garage2 Garages3 Garages4 Garages5 Garages6 Garages7 Garages8 Garages9+ GaragesParking Bays0 Parking Bays1 Parking Bay2 Parking Bays3 Parking Bays4 Parking Bays5 Parking Bays6 Parking Bays7 Parking Bays8 Parking Bays9+ Parking BaysLiving Rooms0 Living Rooms1 Living Room2 Living Rooms3 Living Rooms4 Living Rooms5 Living Rooms6 Living Rooms7 Living Rooms8 Living Rooms9+ Living RoomsFamily Rooms0 Family Rooms1 Family Room2 Family Rooms3 Family Rooms4 Family Rooms5 Family Rooms6 Family Rooms7 Family Rooms8 Family Rooms9+ Family RoomsDining Rooms0 Dining Rooms1 Dining Room2 Dining Rooms3 Dining Rooms4 Dining Rooms5 Dining Rooms6 Dining Rooms7 Dining Rooms8 Dining Rooms9+ Dining RoomsStudy?StudyNo StudyFeaturesBuilding Size (sqm or ha)Total floor space of all buildings on the property incl. upstairs and garages ERF Size (sqm or ha)Total size of the plot Pool?PoolNo PoolGarden?GardenNo GardenStaff Accommodation?Staff Accomm.No Staff Accomm.Levels...None or N/ASingle StoreyDouble StoreyTriple Storey4 Storey5 Storey6 Storey7 Storey8 Storey9+ StoreyRates (R p/m)The amount you pay for services provided by your local municipality, including things like sewage and street lights but excluding consumables like water and electricity.Staff Accomm.No Staff Accomm.Levies (R p/m)If you live in a sectional title property you pay levies instead of rates. These are paid to the body corporate and cover all the maintenance costs of the sectional title.Staff Accomm.No Staff Accomm.Security FeaturesIncluding burglar bars, security gates, alarm system, electric fence, armed response, street patrol, being in a security complex with guards etc Upload Pictures for ValuationThese photographs will not necessarily be used on the listing but are very important for our valuation experts to properly advise you on the best possible reserve price. A BidOnRed professional photographer will be dispatched to your property to take high-quality images for the online listing. Drop files here or Select files Max. file size: 32 MB. Please add at least 6 images of your house (min 2 external images). DefectsStructural*Cracks, seepage, or bulges in the roof, walls, basement, or foundation of the property Yes No N/A Leaks/Flooding/Damp*Flooding, dampness, wet walls, concentrations of mould or defects, etc Yes No N/A Fixtures & Fittings*Material defects to plugs, switches, doors, windows, oven/hub, geysers, cooling/heating systems, security systems, garage/gate automation, control systems, gutters, chimneys, irrigation, boreholes, etc Yes No N/A Describe Structural Defects* Describe Leaks/Flooding/Damp Defects* Describe Fixtures & Fittings Defects* Swimming Pool*Leaks or defects of the pool and/or working order of the appliances and equipment installed Yes No N/A Electrical*Electrical faults, bypassing or irregular wiring, tripping, outages, etc Yes No N/A Rented Fixtures*Are any fixtures or fittings rented or not owned and therefore up to the Purchaser to rent from transfer e.g. alarm system, internet router, etc Yes No N/A Describe Swimming Pool Defects* Describe Electrical Defects* Describe Rented Fixtures Defects* Sanitary System*Septic system, disposal, etc Yes No N/A Plumbing*Faults, leaks, blockages, etc Yes No N/A Locks & Keys*Are there any broken locks or missing keys? Yes No N/A Describe Sanitary System Defects* Describe Plumbing Defects* Describe Locks & Keys Defects* DisclosureAny Unapproved Construction*Has any construction/alteration been made without approved plans and/or permissions from relevant local authorities? Yes No N/A Any Existing Tenants/Leases*Is the property bound to a lease agreement with a tenant? Or are there tenants occupying the property without a lease agreement? Yes No N/A Any Boundary Disputes*Are there any disputes over boundary lines, encroachments, joint driveways, etc? Yes No N/A Describe Unapproved Construction Disclosure* Describe Existing Tenants/Leases Disclosure* Describe Boundary Disputes Disclosure* Part of a Home Owners Association*Is the property subject to any Home Owners Association? Yes No N/A Any Sectional Title Issues*Are there any body corporate issues you are aware of e.g. possibility of a special levy being raised soon, problems relating to the finances of the body corporate, etc? Yes No N/A Any Other Defects/Disclosures**Are there any other issues you are aware of e.g. infestations, fire hazards, invasive species, etc? Yes No N/A Describe Home Owners Association Disclosure* Describe Sectional Title Issues Disclosure* Describe Other Defects/Disclosures* Choose Auction Date*October AuctionNovember AuctionDecember AuctionJanuary AuctionFebruary AuctionProposed Reserve Price (R)*Our valuation experts will help you confirm or amend your reserve price before your listing is activated. The Reserve Price is especially important, as this ensures your property will only sell at a price you are willing to accept. Pricing your property correctly will attract bidders. Overpricing however can have the opposite effect and bidders will easily be able to compare your property price against others online. Need advice? Call us on 011 728 7013 and we'll be happy to help. Sellers Marketing Contribution Incl. VATR10,000.00 Listing Fee R5'000.00 Marketing Contribution Price: Optional Marketing Addons Government Gazette (Deceased Estates, Liquidations and Court Orders only) Aerial Photographs (plus travelling at R10.80/kilometre if applicable) Video Walkthrough Flyers Street Pole Boards * Price may vary depending on area & number of days Big Board (4m X 2.4m) Big Board (3m X 1.8m) Big Board (2m X 1.5m) TotalTo be paid via EFT after submitting the form Terms & Conditions* 1. DEFINITIONS As used in this Agreement the following words have the meanings as set out below: 1.1 "the Agreement" means this agreement concluded between you and us, and includes any annexures or schedules to it; 1.2 “auction” means any auction sale at which the Property is offered for sale by the Auctioneer; 1.3 “Conditions of Sale” means the Auctioneer’s standard Conditions of Sale, a copy of which is available on the Auctioneer’s website at www.bidonred.com, and as amended from time to time; 1.4 “Consumer Protection Act” means the Consumer Protection Act , No. 68 of 2008, as amended or substituted from time to time; 1.5 strong>“Effective Date” means the date of the Auctioneer’s acceptance of this mandate conveyed to the Seller by way of electronic mail and being the date which this mandate shall become a binding contract between the parties; 1.6 “Mandate Period”is as defined in clause 3; 1.7 “the Parties” means the Seller and the Auctioneer, and “Party” means either of them as the context requires; 1.8 “the Property” means the Seller’s immovable property(ies) as recorded in Annexure A; 1.9 “rand” means the currency of South Africa; 1.10 “reserve price” means the reserve price for a Property recorded in the description of such Property in Annexure A; 1.11 “VAT” means the Value Added Tax in the Value Added Tax Act No. 89 of 1991, as amended. 2. AUTHORISATION TO SELL The Seller hereby irrevocably grants to the Auctioneer a sole and exclusive mandate to, subject to the terms and conditions in this Agreement, sell the Property by auction or by private treaty. For the avoidance of doubt, the sale by private treaty can be done either before or after the auction (in the event that the property does not sell at auction). 3. MANDATE PERIOD 31. The mandate granted herein shall commence on the Effective Date and will expire 60 days after the date of the auction (“Mandate Period”). The mandate period can be extended for whatever reason, at the discretion of the Seller, and in writing. 3.2 The auction will be held virtually online on such date/s as stipulated by the Seller subject to the Seller providing the Auctioneer with any and all documentation which the Auctioneer may request and no later than one calendar month prior to the stipulated date. Should the Seller fail to do so, the Auction will be held on the next available Auction Date being one calendar month after submission of all requested documentation. 4. SALES WITH RESERVE No Property shall be sold unless the highest price bid at the auction is equal to or exceeds such Property’s reserve price, inclusive of the Auctioneer’s commission, or such lesser amount as may be agreed to by the Seller in writing, either by way of e-mail or sms. 5. VALUE-ADDED TAX The Seller confirms he/she has provided the VAT status and VAT number correctly as requested by the auctioneer 6. LISTING FEE The Seller agrees to pay the Auctioneer a non-refundable listing fee to list the property on the Auctioneer’s website at www.bidonred.com in an amount of R 10 000.00 (ten thousand rand) excluding VAT. Payment of said amount will need to be effected on submission of this mandate. 7. MARKETING 7.1 The Seller agrees to pay the Auctioneer a non-refundable marketing contribution fee in an amount of R 5 000.00 (five thousand rand) excluding VAT. Payment of said amount will need to be effected on submission of this mandate and prior to commencement of the marketing campaign. 7.2 The Auctioneer shall make all reasonable effort to market the property and to conduct an advertising and promotional campaign and shall amongst other things: 7.2.1 Provide a market appraisal of the property; 7.2.2 Screen photographs and provide professional assistance when required; 7.2.3 List the Property on prominent property portals as well as BIDONRED.com; 7.2.4 Perform targeted social media advertising including Facebook, Instagram, Linked in etc; 7.2.5 Provide an online comprehensive Investor Pack for the property; 7.2.6 Advertise the property through a dedicated emailer to an extensive buyers database; 7.2.7 Accommodate viewing arrangements; 7.2.8 Provide assistance and access to pre-auction online offers; 7.2.9 Manage the Auction to transfer; 7.2.10 Provide an expert team on hand to help the Seller through the process; 7.2.11 Manage the entire process on the Seller’s behalf, including listing the property, and concluding negotiations; 7.2.12 Provide professional photographs for the property; and 7.2.13 Provide video walkthroughs for the property 7.3 Until such time as the marketing contribution fee has been paid, the Auctioneer shall be under no obligation to advertise/market/auction the Property. 7.4 Without derogating from the generality of this clause the Auctioneer will market the Property as it deems fit and in its sole discretion. 7.5 The Seller acknowledges that open house scheduled viewing days will be arranged by agreement between the Seller and Auctioneer and the Seller agrees to ensure that he will ensure that access is provided to interested parties on such viewing days as well as oversee such viewing days unless otherwise agreed in writing with the Auctioneer. 8. CONVEYANCING ATTORNEYS The Seller hereby nominates Kruger Attorneys & Conveyancers Inc as the conveyancing attorney to attend to the transfer of the Property, unless the Seller wishes to nominate alternative conveyancing attorneys to attend to the transfer which nomination the Seller shall provide to the Auctioneer in writing (including by any electronic means). 9. CONDITIONS OF SALE AND AUTHORITY TO SIGN 9.1 The Seller authorises the Auctioneer to sell the Property subject to the Conditions of Sale, with which the Seller declares himself to be acquainted, subject to the condition that the Conditions of Sale so recorded shall not in any way conflict with the provisions hereof or with any alternate instructions given by the Seller to the Auctioneer in writing. The Seller undertakes to abide by any discretion exercised by the Auctioneer in terms thereof. 9.2 The Auctioneer is hereby authorised to sign such Conditions of Sale on behalf of the Seller immediately: 9.2.1 once the reserve price has been achieved for a Property; or 9.2.2 on receipt by the Auctioneer of written confirmation (including by any electronic means) from the Seller accepting an offer that is below the reserve price for a Property. 10. AUCTION SALES In the event that the Property is put up for sale by the Auctioneer by way of public auction then in such event: 10.1 the Auctioneer shall market the Property as one of its auction lots for a forthcoming auction; 10.2 the Auctioneer shall endeavour to secure a bid/s equal to or in excess of the Reserve Price at the auction; 10.3 should the highest bid obtained at the auction not meet the Reserve Price, then such bid shall be referred to the Seller, who shall be afforded a period of five business days after the date of auction to accept such bid by signing the Conditions of Sale Agreement; 10.4 should bidding at the auction reach or exceed the Reserve Price, then the Auctioneer shall be entitled to indicate to the auction floor that such Reserve Price has been reached and that the Property will be sold on the fall of the hammer. In such event: 10.4.1 the Seller shall be deemed to have sold the Property to such highest bidder for the amount so bid upon the fall of the hammer, 10.4.2 The Auctioneer shall sign the Conditions of Sale on behalf of both the Purchaser and the Seller respectively. 10.5 The Auctioneer shall be entitled to start the bidding at an opening bid price, at its discretion. 10.6 The Seller acknowledges that any offer that is not submitted as a public bid during the auction process shall constitute a private treaty offer and shall be dealt with in accordance with clause 12. 11. PRIVATE TREATY SALES In the event that the Property is sold by the Auctioneer by way of private treaty, then in such event: 11.1 the Auctioneer shall endeavour to secure an offer equal to or in excess of the Reserve Price; 11.2 Should the Auctioneer secure a written offer to purchase the Property for a price less than the Reserve Price, then such offer to purchase shall be referred to the Seller, who shall be afforded a period of five business days after receipt thereof to accept such offer to purchase by signing the Auctioneer’s standard sale agreement. 11.3 Should the Auctioneer secure a written offer to purchase the Property for a price equal to or greater than the Reserve Price, then in such event: 11.3.1 the Seller shall be deemed to have sold the Property to such purchaser for the amount so offered in the offer to purchase, 11.3.2 The Auctioneer shall sign Auctioneer’s standard sale agreement on behalf of the Seller. 12. PAYMENT OF THE PURCHASE PRICE A deposit of 10% (ten percent) of the purchase price shall be paid by the purchaser in cash immediately upon conclusion of the sale into the Auctioneer’s trust account. The balance of the purchase price shall be paid by the purchaser in accordance with the terms of the Conditions of Sale. Should the purchaser in any way default and he legally forfeits his deposit as “roukoop”, then the Auctioneer shall be entitled to 50% of the deposit paid by the purchaser. 13. COMMISSION AND EXPENSES 13.1 Commission: 13.1.1 The Auctioneer shall charge commission at a rate of 5% (five percent) plus VAT, calculated on the purchase price of the Property (the Auctioneer’s commission). 13.1.2 Subject to clause 13.1.4, 13.1.5 and 13.1.6, the Auctioneer’s commission shall be payable by the purchaser of the Property simultaneously with and in addition to the deposit as follows: 13.1.2.1 once the reserve price has been achieved or exceeded, the auction closes and the words ”bidding has closed” appears on the BidonRed website, or 13.1.2.2 once the bid price (in an auction) or the offer price (if the sale is by private treaty) is confirmed by the Seller, if it is less than the reserve price; and 13.1.2.3 The Auctioneers commission can be taken from the purchaser’s deposit. 13.1.3 The Auctioneer’s commission shall be deemed to be earned by the Auctioneer when the Seller signs the Conditions of Sale (for sales by auction), or the Auctioneer’s standard sale agreement (for sales by private treaty). 13.1.4 The Auctioneer’s Commission will become payable by the Seller to the Auctioneer: 13.1.4.1 if the Seller breaches this Agreement due to the Seller not accepting a bona fide offer obtained by the Auctioneer on his/its behalf for a price no less than the reserve price (where there is a reserve price), on production of said offer; 13.1.4.2 if the Seller has not in fact authorised the Auctioneer to sign the Conditions of Sale on his/its behalf once the Seller has confirmed an offer that is below the reserve price in writing, and then the Seller fails to sign the Conditions of Sale himself/itself within 5 ( five) business days following the date of the auction; 13.1.4.3 in the event of the sale being cancelled due to a breach on the part of the Seller if the breach is of the signed Conditions of Sale for the Property, upon cancellation of the Conditions of Sale; and/or 13.1.4.4 if the Seller withdraws the Property from the auction. 13.1.5 The Seller agrees that he/it is liable to pay to the Auctioneer commission at the rate of 5% (five percent) of the reserve price IF,: 13.1.5.1 DURING THE MANDATE PERIOD, the Seller sells the Property himself/itself and/or through the agency of any other person or party (other than the Auctioneer); 13.1.5.2 DURING THE MANDATE PERIOD, the Seller attempts to sell the property either himself / itself and/or through the agency of any other person or party. In the circumstances under: 13.1.5.3 clause 13.1.5.1, the Auctioneer’s commission shall be deemed to be earned, and is payable to the Auctioneer, on signature of a sale agreement for the Property by the purchaser and the Seller; and 13.1.5.4 clause 13.1.5.2, the Auctioneer’s commission shall be deemed to be earned, and is payable to the Auctioneer, on delivery by the Auctioneer to the Seller of proof of physical or written marketing of the Property by anyone other than the Auctioneer; 13.1.6 The Seller agrees that he/it is liable to pay to the Auctioneer commission at the rate of 5% (five percent) of the reserve price or the price for the purchase of the Property recorded in the sale agreement, whichever is the greater, IF,: 13.1.6.1 DURING THE PERIOD OF 6 (SIX) MONTHS AFTER THE MANDATE PERIOD ENDS, the Seller sells the Property to any person or party who was, during the mandate period, introduced to him/it and/or the Property by the Auctioneer (whether or not this sale occurred through the agency of any other person or party (other than the Auctioneer). In the circumstances under this clause 13.1.6, 13.1.6.2 the Auctioneer’s commission shall be deemed to be earned, and is payable to the Auctioneer, on signature of a sale agreement for the Property by the purchaser and the Seller. 13.1.7 The commission referred to in clauses 13.1.4, 13.1.5 and 13.1.6 each being a genuine pre estimate of damages. 14. VOETSTOOTS SALE The Auctioneer is hereby instructed to sell the said Property voetstoots (as is) and entirely at the risk of the purchaser and no warranty or representation whatsoever shall be made by the Auctioneer unless specifically authorised as set out above. 15. OWNERSHIP 15.1 Title to each of the Property shall remain in the Seller’s name until the Property has been transferred to the purchaser, and until the purchaser has paid in full for the purchase thereof, whereupon title then passes to the purchaser of the Property in accordance with the Conditions of Sale. 15.2 The Conditions of Sale shall record that registration of transfer of the Property to the purchaser shall take place as soon as possible, subject to written instructions from the Seller to the Auctioneer to the contrary. 16. WARRANTIES 16.1 The signatory warrants that he is duly authorized in the capacity recorded herein, to dispose of the Property in accordance with the mandate hereby given, or to confirm or reject any offers received on the Property. 16.2 Declaration by Seller in terms of Regulation 27 Consumer Protection Act. The Seller warrants and declares that he/it is the owner or rightful holder of the Property, with the right to sell same. 16.3 The Seller warrants that: - 16.3.1 he/it will not during the mandate period appoint or allow any other estate agents/brokers, auctioneers or other third parties to sell or in any other way endeavour to sell the Property or offer the Property for sale himself/itself; 16.3.2 he/it will not do anything which might in any way prevent or hinder the sale of the Property in terms hereof, including the cancellation of the auction sale; 16.3.3 he/it shall accept any bona fide offer obtained by the Auctioneer on his/its behalf for a price that is greater or equal to the reserve price, or such lesser amount that has been confirmed by the Seller to the Auctioneer in writing; 16.3.4 he/it will allow the Auctioneer and its assigns access to the Property at the predetermined preview dates; 16.3.5 no third-party land claims exist on the Property. 16.4 The signatory and the Seller each indemnify the Auctioneer or its employees or representatives from any claim, loss, liability or damages arising from a breach of these warranties. 17. PARTIES’ RELATIONSHIP Nothing contained in this Agreement shall be deemed to constitute a relationship of partnership and/or a joint venture between you and us. 18. INDEMNITY AND LIMITATION OF LIABILITY Notwithstanding anything to the contrary specified in this Agreement, the Auctioneer shall not be liable to the Seller or to any other person (in connection with or arising from or pursuant to this Agreement) for any claim, loss, liability or damages (whether foreseeable or unforeseeable and howsoever arising, and whether for indirect or consequential loss or damage of any kind, for loss of business revenue, loss of profits, failure to realise expected profits or savings, overhead costs or other economic losses, in contract or delict) except where such loss arises from the gross negligence or wilful conduct of the Auctioneer or its employees or representatives. 19. FORCE MAJEURE 19.1 Neither Party shall be liable for a failure to perform any of its obligations in terms of this Agreement insofar as it is able to prove that: 19.1.1 such failure was due to an impediment beyond its reasonable control; 19.1.2 it could not reasonably have been expected to have taken such impediment and its effects upon such Party's ability to perform into account at the time of conclusion of this Agreement; and 19.1.3 it could not reasonably have avoided or overcome the impediment or at least its effects. 19.2 In the event that the impediment continues for a period of more than 14 (fourteen) consecutive days, then either Party shall be entitled to cancel this Agreement with immediate effect upon giving the other one of them written notice to that effect. 20. BREACH In the event of the Seller failing to meet his/its obligations under this Agreement, the Auctioneer shall be entitled to cancel this Agreement or demand specific performance of the Seller’s obligations together with any damages suffered by the Auctioneer as a result of such default, provided that the Seller is given 5 (five) calendar days written notice to remedy the default (only where the default is able to be remedied). 21. DISPUTE RESOLUTION AND ARBITRATION 21.1 Notwithstanding anything to the contrary herein, in the event of any dispute arising between the Parties in respect of any matter arising out of this Agreement, the parties are obliged to mediate. The mediator shall be a person agreed between the Parties, but failing agreement within 5 (five) days as to the mediator, either Party may request the Arbitration Foundation of South Africa to appoint a mediator, which it is authorised to do in its sole discretion, save that the appointed mediator must be independent. 21.2 In the event that mediation is not successful within 15 (fifteen) days after referral of the dispute to mediation by any Party, the dispute shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator appointed by the Foundation. Such arbitration shall take place in Cape Town, South Africa. 21.3 Nothing contained herein shall preclude any of the Parties to this Agreement from approaching a court of competent jurisdiction for an interdict or for relief on an urgent basis. 21.4 The Party that is successful in any legal proceedings against the other Party shall be entitled to recover its legal costs, on a scale as between attorney and own client at double the High Court scale, plus VAT, including collection commission. 22. CESSION AND ASSIGNMENT The Seller shall not be entitled to cede or assign any right or obligations under this Agreement without the prior written consent of the Auctioneer. The Auctioneer shall be entitled to cede or assign any right or obligations under this Agreement and shall notify the Seller in writing if it does so. 23. CONFLICTING PROVISIONS In the event of a conflict between this Agreement (subject to alternate instructions in writing by the Seller to the Auctioneer, as provided for herein) and the provisions of any other agreement, the provisions of this Agreement shall prevail. 24. DOMICILIUM AND NOTICES The Parties choose the email and/or the physical addresses identified in this Agreement at which documents in legal proceedings in connection with this Agreement may be served (i.e. their domicilia citandi et executandi) and at which any written notice in connection with this Agreement may be addressed. GENERAL: 25.1 Whole Agreement 25.1.1 These terms and conditions make up the whole agreement between the Parties. Neither Party shall be obliged to comply with any express or implied term, condition, undertaking, representation, warranty, or promise not recorded in this Agreement. This Agreement replaces any arrangement or understanding held by the Parties before this Agreement was accepted. 25.1.2 No amendment, addition or consensual cancellation of the Agreement will be binding unless it is recorded in writing and signed by both Parties. 25.2 Relaxation. Neither Party shall lose any of its rights under this Agreement if it does not immediately and in every instance insist on them. 25.3 Severability. The Parties acknowledge that each clause of this Agreement is separate. If any clause of this Agreement is or becomes illegal, invalid or unenforceable for any reason or in any jurisdiction, it will be treated as of it had not been written. This does not: 25.3.1 make the rest of the Agreement illegal, invalid or unenforceable 25.3.2 affect the legality, validity or enforceability of the clause in another jurisdiction. 25.4 Applicable Law. This Agreement shall be governed, interpreted and implemented in accordance with the laws of South Africa. 25.5 Jurisdiction Of South African Courts. Subject to clause 21 , the Parties consent and submit to the non-exclusive jurisdiction of the Western Cape High Court of the Republic of South Africa in any dispute arising from or in connection with this Agreement. 26. INTERPRETATION Unless the context requires otherwise: 26.1 the expiration or termination of this agreement shall not affect such of its provisions as expressly provide that they will continue to apply after such expiration or termination or which of necessity must continue to apply after such expiration or termination; 26.2 any communication which is required to be "in writing" shall include a communication which is written or produced by any substitute for writing or which is partly written and partly so produced, and shall include printing, typewriting, lithography, facsimile or electronic mail or any form of electronic communication or other process or partly one and partly another. 26.3 all of the schedules and/or annexures hereto are incorporated herein and shall have the same force and effect as if they were set out in the body of this Agreement; 26.4 the contra proferentem rule shall not apply and accordingly none of the provisions hereof shall be construed against or interpreted to the disadvantage of the party responsible for the drafting or preparation of such provision; 26.5 the eiusdem generis rule shall not apply and whenever a provision is followed by the word "including" and specific examples, such examples shall not be construed so as to limit the ambit of the provision concerned. 27. COMPLIANCE WITH THE CONSUMER PROTECTION ACT 27.1 The agreement between the parties required in terms of Regulation 22(2) of regulations promulgated under the Consumer Protection Act, are recorded in Annexure B, which forms part of this Agreement. 27.2 The Seller's attention is drawn to clauses 2, 3 4, 7, 8, 11 and 13 of this agreement which contain onerous provisions. 27.3 The Seller’s representative understands that the terms in bold have important legal consequences. 27.4 The Seller’s representative confirms that he/she has read and understood all the terms and conditions in this Agreement and raised any questions which require clarification before binding the Seller to the Agreement. By ticking this box, the Seller or the Seller’s representative electronically:- confirm that he/she has read and understood all the terms and conditions in this Agreement, and agree to bind him/herself and/or the Seller to the terms thereof; - confirm that the terms and conditions of this mandate shall become a binding contract between the parties on receipt by the Seller of written confirmation (including by any electronic means) from the Auctioneer accepting this mandate; - consent to the processing (as defined in POPIA, which includes collection, retention and transfer) by the Auctioneer of your personal information (which includes contact details and identification numbers) as may be required to give effect to or otherwise implement the provisions of this Agreement and the transactions contemplated herein. This will include, where relevant, other services providers such as photographers or those required to market your property.