AUCTION RULES
1. Introduction
1.1. By registering as a bidder, each participant agrees to be bound by these Rules, the Terms & Conditions of Sale, and any lawful instructions issued by the auctioneer.
1.2. These Auction Rules (“the Rules”) govern all vehicle auctions conducted by Pawn Express (Pty) Ltd (“the Seller”).
1.3. The auction will be conducted by a licensed auctioneer appointed in terms of the Auctioneers Act (Cap 46:03).
1.4. The auctioneer has full authority to:
- control the bidding process,
- Withdraw vehicles
- Resolve disputes
- determine bidding increments,
- accept or reject bids, and
- declare the winning bidder upon fall of the hammer.
1.5. The auctioneer's decisions on all matters relating to the auction are final and binding.
2. Eligibility to Participate
2.1. Only individuals or entities that have fully completed registration, provided the initial KYC and paid the required refundable bidder deposit through EFT may participate.
2.2. Participants must be at least 18 years old.
2.3. All employees of Pawn Express, including permanent, temporary, contract, and casual staff, are strictly prohibited from registering, bidding, or participating in the auction, whether directly or indirectly. This prohibition includes bidding through relatives, agents, nominees, or any third party acting on their behalf. Any bid placed in contravention of this rule shall be void, and Pawn Express reserves the right to cancel the sale and take appropriate disciplinary or legal action.
3. Bidder Registration
3.1. All bidders must register before the auction begins by completing the Bidder Registration Form.
3.2. All bidders must complete mandatory Know-Your-Customer (KYC) and Anti-Money Laundering (AML) verification. Pawn Express may reject any bidder who fails KYC, and any winning bid will be cancelled if KYC is not successfully completed.
3.3. Required documents:
- Valid national ID or passport
- Proof of residence (not older than 3 months)
- Contact details
3.4. A refundable bidder deposit of P________ is required.
3.5. Deposits are fully refundable to unsuccessful bidders within 24 hours of the auction ending.
3.6. Deposits are NOT refundable to the winning bidder if they:
- fail to sign the Sale Agreement,
- fail to make payment,
- fail to complete KYC, or
- attempt to cancel the purchase for any reason whatsoever.
3.7. By completing registration and paying the bidder deposit, each bidder expressly agrees to be bound by the Auction Rules and the Terms & Conditions of Sale. These terms apply automatically upon winning a bid, whether or not the Buyer signs a physical Sale Agreement.
4. Inspection of Vehicles
4.1. All vehicles are sold as is, where is, without any warranty or guarantee.
4.2. Viewing and inspection will take place before the auction during the advertised viewing hours.
4.3. Pawn Express does not guarantee:
- mechanical condition,
- mileage accuracy,
- past accident history,
- service history, or
- fitness for any particular use.
4.4. Bidders are deemed to have inspected the vehicles and accepted their condition before bidding.
5. Privacy and Data Protection
5.1. In accordance with the Data Protection Act, 2024, the following measures shall apply:
- Vehicle registration plates will be covered or removed.
- No photography or video capturing identifying details of other bidders, or staff permitted.
5.2. Pawn Express reserves the right to remove any participant who violates privacy requirements.
6. Conduct During the Auction
6.1. All bidders must behave respectfully and follow the auctioneer's instructions at all times.
6.2. Disruptive, abusive, aggressive, or intoxicated individuals may be removed.
6.3. Collusive, fraudulent, or artificial bidding is strictly prohibited and may result in:
- immediate removal,
- forfeiture of deposits, and
- future bidding restrictions.
7. Filming & Recording
7.1. The auction may be audio and video recorded for transparency, evidentiary purposes and dispute resolution.
7.2. Such recordings shall be confidential, only used for the above stated purposes and not published.
8. Guide Price and Seller Rights
8.1. A Guide Price may be announced.
8.2. A Guide Price is not a reserve price and does not oblige the Seller to accept any bid.
8.3. The Seller reserves the right to:
- accept or reject any bid,
- withdraw a vehicle before the fall of the hammer,
- re-open bidding, if necessary,
- cancel the sale if fraud or illegal conduct is detected.
9. Bidding Process
9.1. Bids must be made openly, loudly, and clearly.
9.2. Once acknowledged by the auctioneer, a bid cannot be withdrawn.
9.3. The auctioneer may choose not to accept a bid if:
- the bidder appears not to understand the process,
- the bid is unclear, or
- the bidder violates any rule.
9.4. The fall of the hammer indicates the final acceptance of the highest valid bid, and activation of the binding effect of the Terms & Conditions of Sale.
10. Obligations of the Successful Bidder
Upon fall of the hammer, the successful bidder must IMMEDIATELY:
10.1. Provide identification for verification.
10.2. Sign the Sale Agreement.
10.3. Provide any additional KYC documents required under the Financial Intelligence Act, 2022.
10.4. Make the required deposit (if applicable).
10.5. Pay the full bid price within the stated payment timeline (usually 24-48 hours).
Failure to comply with any of the Rules herein results in automatic forfeiture of the bidder deposit and the Seller may resell the vehicle.
11. Payment Terms
11.1. Payment shall only be made via Electronic Funds Transfer(EFT) into the official Pawn Express bank account.
11.2. No cash will be accepted at the auction venue or at any Pawn Express office.
11.3. No payments may be made through third-party “agents” or intermediaries e,g Cash Plus Agents.
11.4. Proof of payment must be emailed or provided immediately after the EFT is made.
11.5. Any person attempting to pay in cash or through an agent will be disqualified from the auction and may be refused future participation.
11.6. No vehicle will be released until full payment is received and confirmed.
11.7. Late payments or partial payments will not be accepted and amount to a breach resulting in forfeiture of the bidder deposit and cancelation of the Sale Agreement and any ancillary Agreements.
12. Release of Vehicle
12.1. The vehicle will only be released upon:
- Full payment being received,
- KYC successfully completed, and
- A vehicle release document is signed by the Bidder & Seller.
- The buyer is responsible for arranging towing, transport, or insurance.
- reopen bidding, declaring the previous bid the winner, or
- withdraw the vehicle.
- damage to vehicles after release,
- loss or theft after handover,
- misinterpretation of vehicle condition,
- mechanical failures occurring after the sale.
- The Auctioneers Act (Cap 46:03)
- Financial Intelligence Act, 2022
- Data Protection Act, 2024
- Consumer Protection Act (as applicable)
Risk in and to any vehicle shall pass to the successful bidder upon conclusion of the sale, being upon acceptance of the bid by the Auctioneer, notwithstanding that ownership, registration, licensing, delivery, or physical release of the vehicle may not yet have occurred. Where Pawn Express retains possession of the vehicle pending payment, compliance verification, or administrative processing, Pawn Express shall be deemed to hold the vehicle solely as custodian and shall exercise reasonable care, but shall not be liable for any loss or damage save for loss or damage arising from Pawn Express's gross negligence or wilful misconduct. The successful bidder acknowledges that Pawn Express does not insure the vehicle for the bidder's benefit after conclusion of the sale and that any loss or damage occurring thereafter shall be for the bidder's account.
12.2. Pawn Express shall, upon full payment of the purchase price and completion of all KYC and AML requirements, process the change of ownership of the vehicle at the Department of Road Transport and Safety (DRTS) on behalf of the Buyer.
12.3. A mandatory administration fee of P190 shall be charged to the Buyer for processing the change of ownership. This fee is non-refundable and payable together with the purchase price.
12.4. The Buyer shall provide all information and documentation reasonably required to effect the change of ownership, including but not limited to identification documents and signatures where required by DRTS.
12.5. Failure by the Buyer to cooperate shall:
12.5.1. delay release of the vehicle;
12.5.2. not suspend or extinguish the Buyer's payment obligations; and
12.5.3. constitute a material breach entitling Pawn Express, at its discretion, to cancel the sale, forfeit any deposit, and/or re-sell the vehicle without further notice.
12.6. Until the change of ownership has been successfully processed and recorded by DRTS:
12.6.1. Pawn Express shall retain administrative control of the transfer process;
12.6.2. the Buyer bears all risk associated with the vehicle following the fall of the hammer; and
12.6.3. Pawn Express shall not be liable for any fines, penalties, loss, or damage arising from the Buyer's possession or use of the vehicle.
13. Withdrawal of Vehicles
Pawn Express reserves the right to withdraw any vehicle from the auction at any time before the final acceptance of the winning bid, without providing reasons.
14. Status of These Rules
These Auction Rules govern the conduct and administration of the auction only.
They do not constitute a sale agreement. All sales are governed exclusively by the Terms & Conditions of Sale.
15. Disputes
15.1. If a dispute arises during bidding, the auctioneer may:
15.2. The auctioneer's ruling is final and binding.
16. Indemnity
16.1. Pawn Express, its employees, and the auctioneer are not liable for:
17. Governing Law
These Rules are governed by the laws of Botswana, including but not limited to: