Terms of Service

Definitions

For purposes of these Terms, "client" means any individual, company, institution, organization, creditor, owner, authorized representative, or other party that engages City Masters Auctioneers for a service.

"Buyer" means a person or entity that participates in or purchases an asset through an auction conducted by us. "Seller" means the owner, authorized representative, institution, or other party offering an asset for sale through our services.

"Asset" includes vehicles, property, machinery, equipment, stock, household goods, commercial assets, and other items lawfully offered for sale. "Auction" means a public, private, physical, online, or otherwise organized sale process conducted or facilitated by City Masters Auctioneers.

Acceptance of These Terms

By using our website, contacting us, requesting our services, registering for an auction, bidding on an asset, purchasing an asset, or engaging us for an assignment, you agree to comply with these Terms and any additional conditions applicable to the specific service.

Where a particular assignment has separate written terms, those terms may supplement or take precedence over these general Terms to the extent applicable.

Scope of Our Services

City Masters Auctioneers provides professional auctioneering and related services, including asset auctions, vehicle auctions, property auctions, commercial auctions, debt collection, asset valuation, private investigations, execution of court warrants, eviction-related services, and other services within our professional mandate.

The availability and scope of a particular service may depend on the nature of the assignment, applicable law, client instructions, court orders, regulatory requirements, and other relevant circumstances.

Professional Engagements

Where our services are formally engaged by a client, the scope of work, responsibilities, fees, timelines, and other relevant conditions may be set out in an engagement letter, quotation, agreement, auction notice, or other written communication.

The client is responsible for providing accurate instructions and information reasonably required for us to undertake the assignment.

Accuracy of Information

Clients, sellers, buyers, bidders, and other users of our services are responsible for ensuring that information supplied to City Masters Auctioneers is accurate, complete, and provided in good faith.

We may rely on information supplied by a client, owner, institution, court, authorized representative, or other relevant party when carrying out an assignment.

We are not responsible for losses arising directly from materially inaccurate, incomplete, misleading, or fraudulent information supplied by another party.

Auction Listings

Information published in relation to an auction may include descriptions, photographs, locations, estimated values, specifications, dates, viewing arrangements, and other relevant details.

While reasonable care is taken in preparing auction information, prospective buyers are responsible for conducting their own inspection and due diligence before bidding.

An online listing or advertisement should not automatically be interpreted as a warranty concerning the condition, suitability, ownership, or future performance of an asset.

Inspection and Due Diligence

Prospective buyers are strongly encouraged to inspect assets before placing a bid.

Where viewing arrangements are provided, buyers should use the available inspection period to assess the asset, including its physical condition, specifications, completeness, suitability, and any visible defects.

A buyer who places a bid acknowledges that they have had an opportunity to conduct appropriate due diligence or have voluntarily chosen to proceed without doing so.

Auction Participation

Participation in an auction may require registration and submission of information reasonably necessary to identify and verify the bidder.

City Masters Auctioneers may establish specific registration requirements, bidding procedures, deposits, identification requirements, or other conditions for individual auctions.

We reserve the right to refuse or restrict participation where permitted by applicable law or the specific conditions governing an auction.

Bidding

A bid constitutes an offer to purchase an asset subject to the applicable auction conditions.

Once a bid has been accepted or otherwise becomes binding under the applicable auction conditions, the bidder may be responsible for completing the transaction in accordance with those conditions.

Bidders must not submit bids fraudulently, deceptively, maliciously, or for the purpose of manipulating an auction.

Auction Results and Reserve Prices

Where an asset is subject to a reserve price or other sale condition, the asset may not be sold unless the applicable conditions are satisfied.

City Masters Auctioneers may withdraw, postpone, suspend, or otherwise modify an auction where circumstances require it, subject to applicable law and the specific auction conditions.

The final determination of an auction outcome shall be made in accordance with the applicable conditions of sale and the circumstances of the particular auction.

Purchase of Auctioned Assets

A successful buyer is responsible for completing all requirements associated with the purchase, including payment of the purchase price and any applicable charges, taxes, fees, storage charges, transfer costs, or other costs communicated as part of the transaction.

Ownership, possession, or collection of an asset shall only occur in accordance with the applicable conditions of sale and any requirements imposed by the relevant owner, authority, institution, or law.

Payment

Payments must be made through the payment methods and within the timelines communicated by City Masters Auctioneers or specified in the applicable auction conditions.

We may require cleared funds before releasing an asset, documents, or other relevant items.

Failure to make payment within the required period may result in cancellation of the transaction, forfeiture of a deposit where applicable, additional charges, or other remedies permitted under the applicable conditions and law.

Deposits and Other Charges

Certain auctions or services may require registration fees, deposits, professional fees, commissions, storage charges, transportation costs, valuation fees, or other charges.

Any applicable charges will be communicated through the relevant quotation, auction notice, agreement, invoice, or conditions of sale.

The treatment of deposits in the event of cancellation, default, or failure to complete a purchase shall be governed by the applicable conditions.

Asset Collection and Delivery

Successful buyers are responsible for collecting purchased assets within the period specified by City Masters Auctioneers or the applicable conditions of sale unless alternative arrangements have been agreed in writing.

Where transportation or delivery is offered, additional charges and conditions may apply.

City Masters Auctioneers shall not be responsible for deterioration, loss, or additional costs arising from a buyer's failure to collect an asset within the required period, except where liability cannot lawfully be excluded.

Asset Condition

Unless expressly stated otherwise, auctioned assets may be sold in their existing condition.

Buyers should not assume that an asset is new, fully functional, complete, free from defects, or suitable for a particular purpose unless such condition is expressly warranted in writing.

Buyers are responsible for satisfying themselves regarding the condition of an asset before bidding.

Asset Valuation

Where City Masters Auctioneers provides valuation services, the valuation represents an assessment made using the information, methodology, assumptions, inspection findings, and market conditions applicable at the time of the valuation.

A valuation should not automatically be interpreted as a guarantee of the price an asset will eventually achieve at auction or through another form of sale.

The intended purpose and scope of each valuation should be considered when relying upon it.

Debt Collection Services

Where engaged for debt collection, City Masters Auctioneers may undertake activities within the lawful scope of the assignment, which may include communication, tracing, follow-up, negotiation, documentation, and recovery processes.

Clients are responsible for providing appropriate documentation supporting the debt or obligation.

We do not guarantee recovery of every debt, as the outcome may depend on the debtor's circumstances, available assets, disputes, documentation, legal proceedings, and other factors beyond our control.

Private Investigations

Private investigation services are undertaken within the scope authorized by the client and applicable law.

Clients must provide truthful and lawful instructions and must not request investigative services for an unlawful, discriminatory, abusive, or otherwise prohibited purpose.

Information obtained during an investigation will be handled with appropriate confidentiality, subject to legal obligations and circumstances requiring disclosure.

Court Warrants and Legal Processes

Where City Masters Auctioneers is instructed or authorized to execute a court warrant or undertake another court-related process, the assignment shall be performed in accordance with the applicable court order, legal requirements, and professional mandate.

We do not replace the role of the courts, advocates, law enforcement agencies, or other statutory authorities.

Clients remain responsible for ensuring that instructions provided to us are lawful, current, and properly authorized.

Eviction-Related Services

Where engaged in relation to an eviction order, City Masters Auctioneers will operate within the authority and requirements applicable to the relevant order and assignment.

We will not knowingly undertake an eviction outside the lawful authority provided for the assignment.

The client is responsible for providing valid documentation and instructions necessary for the lawful execution of the process.

Client Responsibilities

Clients are responsible for providing accurate instructions, relevant documentation, contact information, ownership information, supporting records, and any other information reasonably necessary for an assignment.

Clients must promptly inform us of material changes that may affect the assignment.

City Masters Auctioneers shall not be responsible for delays or complications caused by inaccurate instructions, missing documentation, unavailable information, or actions of third parties.

Confidentiality

We treat information received during professional engagements as confidential where confidentiality is reasonably applicable.

Confidential information will not knowingly be disclosed to unauthorized parties except where disclosure is necessary to perform the assignment, required by law, required by a court or competent authority, necessary to protect our legal rights, or otherwise permitted by the applicable agreement.

Personal Data and Privacy

City Masters Auctioneers may collect and process personal information necessary for providing services, communicating with clients, administering auctions, verifying participants, maintaining records, processing transactions, and complying with applicable legal obligations.

Personal information will be handled in accordance with applicable Kenyan data protection requirements and our applicable privacy practices.

Users should avoid submitting unnecessary sensitive personal information through public website forms or other unsecured channels.

Website Information

We make reasonable efforts to maintain accurate and useful information on our website.

However, website content may change without notice and may contain general information that does not constitute professional, legal, financial, valuation, or other specialized advice.

Specific services and auction opportunities are subject to their individual terms, availability, instructions, and applicable requirements.

Intellectual Property

Unless otherwise stated, content appearing on our website, including text, branding, graphics, photographs, layouts, logos, and other materials, belongs to City Masters Auctioneers or is used with appropriate authorization.

Website content may not be reproduced, copied, modified, distributed, commercially exploited, or republished without appropriate authorization, except where permitted by applicable law.

Prohibited Conduct

Users must not use our website or services to:

• Submit false or misleading information.
• Manipulate or interfere with an auction.
• Submit fraudulent bids.
• Impersonate another person or organization.
• Attempt unauthorized access to our systems.
• Introduce malicious software or harmful code.
• Use our services for unlawful purposes.
• Interfere with another person's legitimate participation in an auction.
• Misuse information obtained through our services.

We may take appropriate action where prohibited conduct is identified.

Limitation of Liability

To the extent permitted by applicable law, City Masters Auctioneers shall not be liable for indirect, incidental, consequential, or unforeseeable losses arising from an assignment, auction, transaction, website use, or reliance upon information supplied by a third party.

Nothing in these Terms excludes or limits liability where such exclusion or limitation would be unlawful.

Any liability arising from a particular professional engagement may also be governed by the specific written agreement applicable to that engagement.

Delays, Cancellation, and Events Beyond Our Control

An auction, assignment, appointment, inspection, collection process, or other service may be delayed, postponed, suspended, or cancelled because of circumstances beyond our reasonable control.

Such circumstances may include court directions, regulatory requirements, disputes concerning an asset, adverse weather, security concerns, technical failures, unavailability of necessary parties, public emergencies, or other circumstances affecting the lawful or practical completion of the assignment.

Where reasonably possible, affected parties will be informed of significant changes.

Complaints and Dispute Resolution

Any complaint concerning our services should first be communicated to City Masters Auctioneers in writing with sufficient information to enable us to investigate the matter.

We will make reasonable efforts to review and resolve legitimate complaints through appropriate communication and internal procedures.

Where a dispute cannot be resolved directly, the parties may pursue any applicable contractual, mediation, arbitration, judicial, or other lawful dispute-resolution mechanism available to them.

Governing Law and Amendments

These Terms shall be interpreted in accordance with the laws applicable in Kenya, subject to any specific contractual or statutory requirements governing an individual assignment.

City Masters Auctioneers may update these Terms from time to time to reflect changes to its services, operational procedures, legal requirements, or other relevant circumstances.

The updated version will take effect from the date stated on the website or within the revised Terms.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue to apply to the extent permitted by law.