FIVE FLIES RESTAURANTS & BARS (PTY) LTD (IN LIQUIDATION)

AUCTION DATE: TUESDAY 24TH JUNE 2014 @ 10:30

VENUE:

14 KEEROM STREET, CAPE TOWN

MOVABLES TERMS:

TO REGISTER WE REQUIRE THE FOLLOWING:

FICA DOCUMENTS (ID & PROOF OF RESIDENCE)

R 5000.00 REFUNDABLE DEPOSIT (PAYABLE BY EFT OR BANK GUARANTEED CHEQUE ONLY – CHEQUES TO BE MADE OUT TO CLAREMART AUCTIONEERS PTY LTD)

STRICTLY NO CASH OR CARD PAYMENTS WILL BE ACCEPTED

FULL PAYMENT MUST BE MADE IMMEDIATELY AFTER THE AUCTION

THE AUCTIONEER MAY COMBINE LOTS OR SELL THEM INDIVIDUALLY

AN AUCTIONEER’S FEE OF 10% PLUS VAT IS PAYABLE

This brochure has been prepared for the guidance of perspective purchasers only. Neither the seller nor Claremart shall be held liable for any error herein nor any representation or statement made by

the auctioneer. Claremart may withdraw, combine or separate any lot(s) at their own discretion

QTY DESCRIPTION

1 Collard & Collard upright piano

14 Square restaurant tables 750x750mm

1 Oval oak table on cartons

55 Vinyl covered restaurant chairs

22 Leather restaurant chairs

1 Wooden pedestal

1 Lectern

9 Round tables

37 Chairs, upholstered round

2 Rectangular wooden tables, 6-seater

1 Large framed mirror

1 Gold framed mirror

1 Display cabinet, Oregon pine

1 2 Door cabinet, Oregon pine

1 Credenza, 4 drawer

2 Potted plants (Large)

2 Five Flies posters

9 Ornaments, porcelain

1 Coat stand, sleeper wood

1 Small table, Oregon pine

1 Table runner

8 Speakers (4 x Wharfdale, 4 x Jamo) small

1 Large pepper grinder

22 Wall clocks, assorted

15 Mirrors, assorted

4 Brass candle holders

1 Oil heater, 6-fin

1 NAD Amplifier

1 DMX machine

1 Flowerpot, orange

1 Table, round

2 Arm chairs, leather

1 Flower pot

7 Candle stands

1 Coffee table

2 Wine display cases

1 Wooden box

2 Wine bucket stands

1 Ornamental bicycle & carriage

1 Wine bucket

1 Picture frame, oval

5 Pictures, assorted

1 Copper plaque

1 Milk urn, copper plated

2 Suitcases, old

1 3 Door stainless steel upright fridge

1 Step ladder 4-step

1 Wine display cabinet (wine barrel)

4 Copper ornaments

2 Micros Terminals & printers

J/L Alcohol (120 bottles wine)

J/L Crockery, cutlery, pots, pans & glasses

4 Bar tables, round, metal

20 Restaurant tables, square

88 Leather dining chairs

4 Vinyl dining chairs

34 Mirrors, various sizes

QTY DESCRIPTION

2 Bosé speakers, large

2 Celestion speakers

4 Speakers, no name

1 Small table

1 Bathroom mirror

1 2-Seater leather sofa

12 Chairs, metal with plastic seats

1 2-Drawer table

4 2-Seater brown leather sofa

6 Bar chairs, leather

12 Restaurant tables, rectangular

2 Coffee tables, small

1 Half round hallway stand

1 Display cabinet

1 Grand piano (Rud I Bach Sohn Piano)

1 Piano chair

1 Foster Fmic 180 Ice machine

1 Dihr glass washer

1 Sink corner unit with splash back

2 3-Door bar counter fridge top sliding

1 Staycold 1 door display fridge

1 LG 42’ HD ready LCD TV

2 Plaster sculptures (Bust)

2 Patio heaters (Broken)

3 Carpets

5 Micros Terminals & printers

24 Cushions

2 Copper pots

1 Bookcase (No doors)

1 AV Pull up screen

1 Bathroom mirror

4 Block mounted paintings

1 Round table

2 Flower pots

6 Ornaments

7 Arm chairs leather

2 Magazine/coffee tables, large

1 Brass bell, “Star of the South” 1903

2 Candle stands, wooden

2 Arm chairs, leather, bat wing

2 Arm chairs, leather

1 Vase, Delft Blaau (Broken)

1 Cabinet, corner unit

2 Pedestals

1 Oil heater, 6-fin

2 Oriental candle lanterns

1 Mirror framed, 2 x 1,8m

2 Candle stands

1 Oregon pine hallway stand

1 Mirror framed, 1.8 x 1.5m

10 Curtains

1 Zip Hydrobod

1 Laundry basket on castors

1 Table, Oregon pine

6 Screens, diamond mesh

1 Sliding door, glass, electric automatic

QTY DESCRIPTION

2 Bain-marie, stainless steel, 2 inserts

2 Plate warmer cabinet, stainless steel (broken)

2 Under counter fridges 2.5 door

1 Combo stove, Vulcan

1 Gas 6 burner gas griller

1 Single plate gas burner

1 Fimar convectional oven

1 Sink, single pot, stainless steel

1 Rack, stainless steel, 4-shelf

1 Hot pass, stainless steel, 3m

3 Chest freezers

1 Stainless steel table with splash back & 2 under shelves

1 Single pot rack, stainless steel, 1.2m

1 Double pot rack, stainless steel, 2m

1 Hobort dishwasher with pre-rinse

1 Knock down cold room 2x4m

1 Dough mixer, 10litre, table top

1 Pedestal scale DS530

1 Digi scale DS 673 table top

1 LG Microwave

1 Computer

1 Wooden condiment tray + holder (wall mounted)

1 Salamander

1 Butcher’s block

1 Sharp microwave

2 Shelves, stainless steel

1 Shelf, stainless steel double

2 Extraction hoods 2m – (SOLD SUBJECT TO CONFIRMATION)

1 Stand stainless steel

1 Table, stainless steel with splash back & under shelf

2 Cream frothers

1 Double pass

1 Hamilton Beach blender

1 Table top slicer/blender

1 Fridge upright, stainless steel

1 Desk fan

3 Racks, stainless steel, 4 shelf

1 4-Drawer filing cabinet

1 Cold meat slicer

1 Smoking box, stainless steel (food)

J/L Alcohol

2 Boardroom tables, 8-seater

56 Chairs, vinyl

9 Seminar tables

2 Safes (1 Drop Safe)

1 AV Screen electric

1 Data projector

1 AMP R150

1 DMX Manager

1 Wi-Fi signal booster, Vodafone

2 Flip chart stands

2 Computers

1 CCTV System with cameras

1 Micros server

4 JBL Speakers

4 Digitech speakers

1 High back swivel chair

BANKING DETAILS FIRST NATIONAL BANK

BRANCH: ADDERLEY STREET

CODE: 201 409

ACCOUNT NUMBER: 501 100 091 61

ACCOUNT NAME: CLAREMART AUCTIONEERS (PTY) LTD

PLS FAX PROOF OF PAYMENT TO (021) 425 9212 ATTENTION MARC OR EMAIL TO: banking@claremart.co.za

1 White board small

1 Flower pot

2 Block mounted paintings

1 White board, large

1 Sharp AR M161 Photo copier

1 Laminating machine small

1 Lexmark printer

2 Handheld barcode scanner

1 HP 1300 printer

1 Lexmark P707 printer

6 Till slip printers

4 Bar tables, high, round

14 Bar stools

23 Ice buckets

1 Single door display fridge

1 Double door display fridge

1 Counter fridge, 4 door, top sliding, stainless steel

2 Speed rail, 1.2m

1 Stainless steel table with splash back & under shelf

1 Miko Coffee machine

1 Miko hot dispensing flask

1 Zip Hydroboil

1 Bar counter

1 Bar counter cabinet

1 Ice basin sink

17 Framed prints

1 Balance scale (old)

1 Display cabinet (hanging)

1 Wooden display rack

1 Ornate framed oval mirror

2 Cane lamp stands

J/L Ornaments in bar

J/L Wine (140 bottles & soft drinks)

1 CCTV System & cameras

1 Micros system & printer

2 Redbull fridge & counter top

1 Cigarette display box

J/L Assorted wine (144 bottles)

8 Candle sticks

1 Ice bucket

4 Air-conditioning units

1 Air-conditioning unit (Small)

CONDITIONS OF SALE: MOVABLES

DATE OF AUCTION: 24 JUNE 2014 @10H30

IN THE MATTER OF FIVE FLIES RESTAURANT & BAR (PTY) LTD (IN LIQUIDATION)

(MASTER’S REFERENCE NO: C20039/2014)

1. DEFINITIONS AND INTERPRETATION

1.1. Words or expressions defined in the rules of auction will bear the same meaning in these conditions of sale.

1.2. The Purchaser is the highest bidder (or, where applicable, the person whom the highest bidder represents).

1.3. The Seller is as defined in the rules of auction.

2. PAYMENT OF PURCHASE PRICE 2.1. If the Seller’s acceptance of the offer is communicated to the Purchaser:-

2.1.1. at the auction – the Purchaser is obliged to make payment of the purchase price within one hour of the conclusion of the auction;

2.1.2. by SMS after the auction – the Purchaser is obliged to make payment of the purchase price within twenty four hours of dispatch of the SMS.

2.2. The Seller may, by SMS and/or e-mail message, cancel the sale if the Purchaser fails to make payment of the purchase price (as provided hereinabove).

2.3. The outstanding purchase price shall attract interest from the due date until date of payment calculated at 15.5% per annum, compound monthly.

3. POSSESSION AND DELIVERY 3.1. The Seller is liable to give the Purchaser possession and delivery of the goods simultaneously

against payment of the purchase consideration. 3.2. The method of delivery will be by way of the Auctioneer authorising the Purchaser to remove the

goods from the auction premises. 3.3. The Purchaser shall be liable to bear all costs and charges relating to removal of the goods from

the auction premises. 3.4. All risk in and benefits to the goods shall pass from the Seller to the Purchaser against delivery. 3.5. The Auctioneer will continue to store the goods until paid for or, in the event of the cancellation of

the sale due to a breach on the part of the Purchaser, until such time as the goods have been re-sold. In the latter event the Auctioneer is permitted to relocate the goods for storage purposes.

4. GOODS SOLD AS IS The Purchaser:-

4.1. is aware that Part H of the CPA (which deals with a consumer’s right to fair value, good quality and safety) does not apply to goods bought at an auction, and;

4.2. acknowledges and agrees that:- 4.2.1. the goods are purchased in accordance with the common law principle of “voetstoots”

meaning that the Seller is not liable for any patent or latent defects in and to the goods, and;

4.2.2. the goods are sold in the condition in which they stand, and; 4.2.3. save for the warranty that the goods are as described in the advertisement, neither the

Seller nor the Auctioneer make any further warranties whatsoever in relation to the goods and/or their condition.

5. BREACH In the event of either party breaching the terms of these conditions of sale (and subject to clause 2 above), the aggrieved party may give the defaulting party written notice calling upon the defaulting party to remedy the breach within three (3) days of delivery of the notice and if the defaulting party still remains in breach, the aggrieved party shall be entitled to either cancel the sale agreement or sue for specific performance. In either instance, the aggrieved party’s remedies at common law are fully reserved.

6. DAMAGES

The Purchaser acknowledges that the damages which the Seller stands to suffer should the Purchaser breach this agreement include but are not limited to:- 6.1. the Auctioneer’s commission and Buyer’s Commission (where applicable); 6.2. the fair and reasonable costs of relocating, storing and insuring the goods up until the date of their

resale; 6.3. the difference between the agreed price and the price at which the Seller is ultimately able to sell

the goods.

7. GENERAL 7.1. All notices by the Purchaser to the Seller shall be in writing and addressed to the Seller, care of the

Auctioneer whose address details appear in the rules of auction. 7.2. All notices by the Seller to the Purchaser shall be by one or more of the following methods, namely

by SMS and/or e-mail and/or by registered post. 7.3. The Purchaser chooses the address details contained in the bidder’s registration card as the

address for service of any notice on the Purchaser arising from these conditions of sale. 7.4. In the event of any dispute arising from these conditions of sale being referred to litigation, the

successful party shall be entitled to costs of suit on the scale as between attorney and own client limited to a maximum of double the prevailing High Court tariff as amended from time to time.

7.5. In the event of any one or more of these conditions of sale being invalid or unenforceable for any reason whatsoever, said invalid and/or unenforceable provision shall be struck from the conditions of sale, without detracting from the validity of the remaining clauses unaffected thereby.

7.6. These conditions of sale (read with the rules of auction and the bidder’s registration card) represent the entire agreement between the parties relative to the subject matter hereto. No variation or mutual cancellation hereof shall be valid unless reduced to writing and signed by the parties.