These conditions, together with any Special Conditions or Notices to Bidders, are the only terms under which the Vendor and the Danson and Serah Kiundi Foundation (the "Auctioneer") will contract with Bidders. Placing a bid constitutes acceptance of these conditions. Where any inconsistency exists between these conditions and the Notices to Bidders, the Notices to Bidders shall prevail.
1. Conditions
These conditions are the sole terms governing all transactions between Bidders, the Vendor, and the Auctioneer. Bidding for any item is deemed an acceptance of these conditions in full.
2. Inspection and Description
2.1 Bidders are responsible for evaluating published item descriptions and satisfying themselves on all matters affecting the items.
2.2 Goods are believed to be correctly described but are sold with faults, imperfections, and errors of description.
2.3 Neither the Vendor nor the Auctioneer, their servants or agents, makes or gives any representation or warranty in relation to any item on offer.
3. Limitation of Liability
3.1 Neither the Vendor nor the Auctioneer shall be liable for any loss or damage arising from defects in any purchased item, errors of description, or failure of any item to fulfil its intended functions.
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.
4. Conduct of Sale
4.1 Each bidder must register prior to submitting any bids. The Auctioneer reserves the right to reject any registration at its sole discretion.
4.2 The Vendor and/or Auctioneer reserve the right to fix a reserve price for any item.
4.3 No bid may be withdrawn after it has been placed.
4.4 The Vendor and/or Auctioneer may withdraw any item at any time and refund any bids received in full.
4.5 The highest bidder at the close of bidding shall be the Winner, subject to approval by the Auctioneer.
4.6 In placing a bid, the Bidder does so as principal and is personally and solely liable, unless prior written agreement exists to bid on behalf of an identified third party.
5. Price
The price payable by the Buyer shall be the highest bid accepted by the Auctioneer in accordance with these terms.
6. Risk and Title
No winning bid shall be declared and no title shall pass until all bid amounts have been settled in cash and the item has been collected from the designated premises.
7. Collection
7.1 No item may be collected until payment is cleared. Items may not be removed without the authority and supervision of the Vendor and/or Auctioneer.
7.2 The Bidder has no right to anything not described in the auction listing.
7.3 Delivery will be made only to the declared Winner. No transfer to any other person will be recognised.
7.4 The Winner is responsible for collection of the item at their own expense.
8. Notices
Notices to the Winner will be sent to their registered email address and treated as received at the time of sending. Notices to the Auctioneer should be sent to the contact address listed on the website.
9. Governing Law
These conditions and all associated transactions shall be governed and construed in accordance with the Laws of the Republic of Kenya.
10. Severability
If any provision of these conditions is held unenforceable, the remaining conditions shall remain in full force and effect.
Questions about these terms? Contact us at:
info@kiundifoundation.co.ke