These conditions, together with any 'Special Conditions' or 'Notices to Bidders', are the only terms and conditions subject to which the Vendor and the Danson and Serah Kiundi Foundation (DaSKF) (the "Auctioneer") will contract with Bidders (the "Bidder"). Bidding for any item shall be deemed to be an acceptance of these conditions and any conditions in the Notices to Bidders. If there is any inconsistency between any of these conditions and anything in the Notices to Bidders, then those in the Notices to Bidders shall prevail.
2.1 Bidders have a responsibility to make their own evaluation of the published descriptions of the items on offer, and to satisfy themselves on all matters affecting the said items.
2.2 Goods are believed to be correctly described but all goods are sold with faults, imperfections and errors of description.
2.3 Neither the Vendor nor the Auctioneer, their servants or agents makes or gives, nor has any person in the employment of the Vendor or the Auctioneer any authority to make or give, any representation or warranty in relation to any item on offer.
3.1 Neither the Vendor nor the Auctioneer, their servants or agents shall be liable for any loss or damage suffered by the Bidder arising out of or in connection with any defects or deficiencies in any item on offer purchased, errors of description in the auction website, any mis-statements as to any matter affecting the item on offer or the failure of the item on offer to fulfill the functions for which they were intended
3.2 The vendor's and Auctioneer's total liability for breach of contract or negligence is limited to the Bid Price.
3.3 Nothing in these conditions shall prejudice the statutory rights of a consumer who shall be bound by these conditions only insofar as they are consistent with such statutory rights.
4.1 Each bidder must register prior to submitting any bids in the Online Auction. The Auctioneer reserves the right to reject any registration at its sole discretion.
4.2 The Vendor and/or the Auctioneer reserve the right to fix a reserve price for any item on offer.
4.3 No bid may be withdrawn anytime after the bid has been made.
4.4 The Vendor and/or Auctioneer has absolute discretion to withdraw at any time any item on offer and refund any bids received for the withdrawn item in full.
4.5 The highest bidder for each item at the close of bidding shall be the Winner, subject to approval by the Auctioneer. The highest bid at the close of bidding subject to approval by the Auctioneer also marks a conclusion of a contract of sale between the Vendor and the Bidder.
4.6 In making a bid for any item on offer, the Bidder does so as principal. The Bidder will be held personally and solely liable for a bid unless the Vendor and/or Auctioneer has previously agreed in writing with the Bidder that the bidder will do so on behalf of an identified third party acceptable to the Parties. In circumstances where the Vendor and/or Auctioneer has so agreed, the Bidder and the third party will jointly and severally be liable for all obligations arising from the bid where a third party shall be bound by these conditions by the individual bidding as his agent in the same way as if he were bidding personally.
The price payable by the Buyer for the purchase of the item on offer secured shall be the sale price, being the highest bid and accepted by the Auctioneer in accordance with these terms and conditions.
6.1 No winning bid shall be declared or title to any of the items on offer pass until:-
(a) all bid amounts by the Winner to the Vendor and/or Auctioneer are settled in cash, for the avoidance of doubt bids shall be paid in cash at the point of placing the bid, and
(b) such an item on offer has been collected from the premises at which the sale is held or where the item on offer is being stored.
7.1 No item on offer thereof can be collected until payment is cleared in cash. No item on offer shall be removed without the authority of the Vendor and/or Auctioneer and unless under the supervision of the Vendor's and/or Auctioneer's servants or agents.
7.2 The Bidder has no right to anything not described in the auction website.
7.3 Delivery of an item on offer sold will be made only to the declared Winner and no transfer to any other person will be recognized.
7.4 The Winner will be responsible for collection of item on offer from the Vendor's site at his own expense.
Any notices or other communications shall be to the Winner's registered email address and shall be treated as having been received at that time. Any notice sent to the Auctioneers shall be sent to the Auctioneer's email address as set out in the auction website.
These Conditions and any Conditions contained in the Notices to Bidders, along with all associated transactions and all connected matters shall be governed and construed in accordance with Laws of the Republic of Kenya.
In the event that any provisions of these conditions shall be held unenforceable for any reason, the remaining conditions shall remain in full force and effect.