1.1. Irish Horse Centre organizes in its function as an intermediary between sellers and buyers the auction of the IHCA. The organization, preparation and execution of the auction are exclusively determined by IHCA. This means, among other things, that IHCA determines the course of business prior to and during the auction and has the authority not to auction one or more lots or to refuse to acknowledge a bid and declare it invalid and to suspend, resume the auction, to extend or cancel and/or to take other measures it deems necessary.
1.2. These auction terms and conditions are applicable to all sales agreements concluded during the auction related to the Foals/Horses/embryos offered via the Irish Horse Centre Auction, as well as any agreements resulting from that.
1.3. This agreement - and the agreements which derive thereof - are governed by Irish law.
1.4. These terms and conditions are announced prior to the start of the auction and are also included in the auction catalogue and placed on the website of Irish Horse Centre Auction. All participants of the auction will, by participating in the auction, agree upon these terms and conditions being applicable during the auction and any agreement resulting from the auction.
2.1. During the Auction, the Foals/Horses selected by Irish Horse Centre will be presented in-hand/loose. Irish Horse Centre is not the owner of any of the selected Foals/Horses/embryos and has no direct or indirect interest in the selected Foals/Horses/embryos. Irish Horse Centre will only offer a platform for potential buyers to buy show jumping or eventing Foals/Horses or embryos directly from the owners.
2.2. The Foals/Horses/embryos will be sold during the auction by bidding in the Euro currency, unless otherwise stated. The auctioneer may determine another bid increment before starting the bidding process on a specific foal/horse/embryo. Potential bidders/buyers will be held to their bids until a higher bid has been received. If the auctioneer awards a bid to a buyer, the relevant buyer is obliged to pay the amount due as defined in Article 3. In case of doubt concerning the validity of a bid, the previous bid can be accepted again, after which bidding can resume. In the event of any disputes arising with or during the bidding process, the decision of the auction committee shall be binding.
2.3. The buyer will, directly after the Auction, sign the purchase agreement for the sale of the specific lot. By signing the purchase agreement, both a purchase agreement between buyer and seller and a mediation agreement between Irish Horse Centre and buyer and Irish Horse Centre and seller will be realized.
Telephone bids and online bids are directly binding.
3.1. Commission and Fees
A Commission is payable by the Vendor at the rate of 5% of the price of each Lot sold by auction.
The Purchaser shall pay a premium of 10% of the Hammer Price.
The Purchaser acknowledges that the Auctioneer will receive commission in accordance with Conditions of Sale from the Vendor. By making a bid prospective Purchasers agree that they have read and accept the terms and conditions of the auction.
VAT on the purchase price is only charged if the horse owner/seller is registered for VAT and the purchaser is in the EU. Purchasers in the EU with a VAT number can provide that number to the IHC and no VAT will be collected
Payment by Purchasers
The Purchaser must pay the Purchase Price in Euros to the Auctioneer within 3 calendar days of the full sum demanded, whether by electronic communication or otherwise and whether acknowledged as received or not, by the manner requested and agree to provide details of such transfer or payment upon doing so.
If the Purchaser shall fail to pay to the Auctioneer within the agreed time, the Purchase Price and any interest due thereon pursuant to these Conditions then the Auctioneer shall be entitled to sue for the full amount of the Purchase Price and interest thereon as a money debt incurred and provided always that the Auctioneer shall be under no duty to sue to recover the proceeds of any prospective sale to the Vendors. The Vendor warrants as such and further warrants that nothing which the Auctioneer does, or does not do, shall affect the right of the Vendor to enforce any right he may have against the Purchaser.
All payments are made and/or sent at the risk of the Purchaser and, if different, the payer.
The Purchaser shall indemnify the Auctioneer in respect of any loss suffered or costs incurred, disbursements or expenses by reason of bringing or defending any proceedings or otherwise howsoever arising from any act or omission by the Purchaser in connection with the sale of a Lot.
The amount payable by the buyer shall become payable immediately. Payment is to be made by bank transfer. Settlement of any counter-claims is excluded.
3.2. Immediately after completion of the auction buyers are obliged to settle amounts due at the auction office within the stipulated term. If a buyer should fail to comply with this obligation, Irish Horse Centre IHCA will be entitled not to recognize the offer and to declare the bidding invalidate, after which the Horse/foal/embryo can be made available for auction again and/or alternatively the foal can be allocated to the second highest bidder. The buyer shall in this event be considered to be in legal default and shall be liable to compensate Irish Horse Centre for any damage incurred, without prejudice to any other rights that the Irish Horse Centre may have. These damages consist out of the commission fee (10% + VAT) on the highest bid + the difference between the amount of the original bid and the ultimately realized amount + the amount of an all-in registration fee (+ VAT). The amount of damages is directly claimable.
3.3. The amount due by the seller and the seller conditions shall be agreed upon in a separate agreement.
3.4. Irish Horse Centre is entitled to gather information on the financial situation of a specific bidder/buyer and participant to the auction and may decide to make the conclusion of an agreement with the relevant bidder/buyer conditional, based on the information obtained and to ask for collateral such as a bank guarantee, a letter of credit or any other collateral. In the case of higher priced lots in excess of €20,000, it is compulsory for the buyer to provide proof of funds.
3.5. Buyers have the option to conclude an insurance for the Horse/foal/embryo that they purchased with a third party. This insurance is not concluded by The Irish Horse Centre Auction.
4.1. The Foals/Horses/embryos offered in the auction are identified by origin, sex, color and (expected) year of birth, as stated on the website www.IHC.auction.com.
4.2. The Foals/Horses/embryo are offered and sold in the state at which they are at the time of allocation. Irish Horse Centre offers the buyer the opportunity to make a judgment on the Horse/foal through a visit prior to the auction. The buyer should, where reasonably necessary or desired, call for independent expert advice.
4.3. Irish Horse Centre select Horse/foal conformation, movement and descent. A clinical or X-ray examination has not taken place in the case of the foal. Horses sold from the age of 1 year old and upwards will be required to undergo a vet and x ray exam from a panel of vets prior to the auction. Similarly, there has been no investigation into the presence of prohibited substances.
4.4. Irish Horse Centre tries in comparison to article 6 to only offer healthy Foals/Horses for the auction. Despite that, Irish Horse Centre cannot ensure all Foals/Horses to be auctioned are clinically and radio graphically healthy at the time of delivery. Irish Horse Centre cannot be held liable by buyers for claims based on non-conformity of the Foals/Horses to be auctioned (or any other claim based on this factual background), when it comes to the health, the performances and/or the use of the Foals/Horses.
For embryos there is no guarantee whatsoever in terms of health/development/birth.
4.5. Irish Horse Centre has tried to compile the available information about the Foals/Horses/embryos as accurately as possible. The information is aimed at giving the best possible impression of the quality of the Foals/Horses/embryos, but without pretending to be complete. The organization is not responsible for the accuracy of the information on the website and in the auction catalogue, on the auction site or during the auction. Information from the auctioneer goes above information on the website and/or in the auction catalogue.
4.6. Irish Horse Centre cannot be held liable for damages to persons or goods, which arise before, during or after the Auction, except for damages that result from intent or conscious recklessness of Irish Horse Centre.
5.1. Immediately after a bid on a foal/horse has been accepted, any risks related to the purchased foal shall be transferred to the buyer and any responsibility and liability, as well as all risk factors are transferred to the respective buyer. The buyer shall indemnify Irish Horse Centre and seller from any claims brought by third parties.
5.2. Ownership of the purchased foal passes to the buyer at the time of release as defined in Article 5.3. of these terms and conditions, but not before the buyer has settled all full purchase amounts and debts and any other amounts due to Irish Horse Centre resulting from non-compliance.
5.3. The buyer is obliged to take possession of the purchased foal at the place and time as specified by The Irish Horse Centre Auction/seller, within 5 days after the auction and upon presentation of a valid identity document, if requested by The Irish Horse Centre Auction/seller. Delivery of the purchased foal takes place by means of its release. Release consists of collection/reception of the purchased foal by the buyer. Release may only take place after settlement of the purchase price in full and any other amount due by the buyer. If the buyer should refuse release or if he/she should fail to provide information or instructions required for the release, The Irish Horse Centre Auction/seller shall remove the purchased foal and keep it in stables at the expense and risk of the buyer. The buyer shall then be obliged to compensate The Irish Horse Centre Auction/seller for any additional costs incurred, including stabling costs in any event.
6.1. If a buyer finds that the Horse/foal purchased does not conform to the contract description after actual delivery, the buyer shall not be entitled to any recourse if the seller has not been informed thereof by registered letter within three weeks after the auction date (with a copy to Irish Horse Centre).
6.2. By offering the foal for auction, the seller declares that no facts or circumstances are known that render the foal unsuitable for normal use as a foal.
The seller further ensures that the foal is not affected by prohibited substances as found on the most recent list of prohibited substances of the Fédération Equestre Internationale (FEI).
The seller warrants, unless notified of such prior to the sale, that the Horse/foal purchased by the buyer does not suffer from any stable vices such as cribbing, systematic weaving or wood chewing habitual wind-sucker, weaver, or box walker, or has been unnerved, or has been tubed, or otherwise operated on for unsoundness in wind, or has shown any evidence of sweet itch, or is not so described is returnable to the Vendor by the Purchaser for a period of 2 x 24 hours after actual delivery to the buyer.
If this is alleged to have occurred then the Purchaser must notify the Auctioneers within fourteen days from the last date of delivery to the Purchaser specifying exactly the nature of the complaint made.
Failure to so within this time period shall defeat any right or remedy the Purchaser may otherwise have pursuant to these conditions or otherwise.
The Auctioneers may then nominate a Veterinary Surgeon or other suitable expert to investigate a complaint and the decision of such Veterinary Surgeon or expert shall be binding on the Vendor but the Auctioneer shall be under no obligation to do so and may refuse to act or to determine the matter such that it will be a matter between the Purchaser and the Vendor to address.
6.3. If a veterinarian, registered as an inspection veterinarian for horses or a horse veterinarian should state in writing that one of the stable vices listed in Article 6.2. was established in his/ her expert opinion prior to the date of actual delivery, the buyer shall be entitled to terminate the purchase agreement with all resulting consequences. The buyer will, in that case, return the horse as quickly as possible to seller. Until the actual delivery of the horse, the buyer will behave as a good guardian over the horse. Seller will accept the horse and shall within 7 days after the delivery of the horse, pay back the auction price, excluding the commission charge to buyer. Seller is not liable for compensation of any further damages of the seller. Irish Horse Centre is not liable for any damages refraining from the termination of the purchase agreement. The termination of the purchase agreement does not affect the mediation agreement between Irish Horse Centre and buyer and Irish Horse Centre and seller.
7.1. All disputes have to be declared within 5 working days to the auction committee of the The Irish Horse Centre Auction.
7.2. If the seller or Irish Horse Centre intends to file proceedings and if the buyer is considered to be a consumer, he/she shall be given the opportunity to announce its decision pertaining to Paragraph 7.1. in writing within a period of one month. In the event of an urgent matter (summary procedure), the seller (casu quo The Irish Horse Centre Horse Auction) may decide to shorten that period to five business days.
7.3. In the event of a dispute between the parties, they will endeavor to resolve this dispute amicably. All alternative dispute resolutions should be explored to allow for mediation or arbitration of disputes which removes the matter from the Court process which is a more efficient way of dealing with disputes. If one of the parties is of the opinion that no solution has been reached, then the court designated by IHCA has exclusive jurisdiction. Irish law applies to the agreements between IHCA and other parties.
GENERAL TERMS AND CONDITIONS OF AUCTION SALES ©
These Conditions of Sale apply to all Lots sold at this Auction
8.1 Registration to bid
Users may access and view certain areas of the Platform without registering their details including the Listings pages. However, certain functions may only be carried out by persons who have been duly registered.
To participate in an auction and complete a purchase, registration is required.
Each user warrants and represents that all information and documents provided is and shall be up-to-date, accurate and not misleading.
You must create and register an Auction Account before you will be able to Bid in an Auction.
In order to Bid in an Auction, we will ask you to provide to us and/or our Payment Processor certain information and documentation which may include, without limitation:
Proof of your identity;
Proof of your address;
Your solicitor's details; and
Your bank details, credit card, debit card or other means to complete a transaction.
Notwithstanding the generality of the foregoing, Members may be required to upload securely to the Platform relevant identification and verification information and supporting documents, which may include, without limitation:
In the case of an individual we may require a copy of a Government issued form of photographic identification along with proof of address which must be dated within the last three months.
In the case of an individual acting on behalf of a third-party individual, we will require copies of the above documents for each individual party to the transaction, and;
Where applicable, certain further information and documentation relating to any represented person.
Where you are acting as agent for a proposed nominee Purchaser, and the precise person or entity details of such proposed Purchaser are known prior to the Auction, we may also require you to provide relevant identification and verification information and supporting documents in respect of that person.
Where the precise identity of such proposed nominee Purchaser is not known prior to the Auction and you are the winning Bidder, you will be required to submit relevant identification and verification information and documentation within one Business Day of the close of the Auction.
All such applications will be reviewed and as with all such items we may decline to register an account application
Where necessary, we reserve the right to make further due diligence enquiries and to seek further verification and/or implement such controls and monitoring with respect to relevant registrations or attempted registrations as may be necessary to maintain our requirements.
You may choose to register at our Site. If you do, you will have an email address (username) and password for your account. Maintaining your account, username and password will fall within the remit of the account holder. This includes all security and passwords and for restricting access to your computer. For the avoidance of any doubt, in completing the registration process, you agree to accept responsibility for all activities that occur under your account, username and/or password. It is your obligation to treat this information with the confidentiality it deserves. We recommend not disclosing this information to any person.
We have the right (in our absolute discretion) to disable any username or password, whether chosen by you or allocated by us, or suspend or terminate your Auction Account, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms or if for any other reason it appears to us that suspicious activity has occurred on the account. The Auctioneer shall not be liable for any loss arising therefrom.
We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide that we are required to do so, whether for security reasons or otherwise.
Once a Member is registered to Bid, and all matters are completed to the satisfaction of the Auctioneer, a Bidder may submit offers on Lots by bidding. By participating in an Auction, the Bidder accepts they have unconditionally agreed to the terms and procedures applicable or declared applicable. Bids can be made by
A Member Clicking on the appropriate button on the relevant Listing page for the Lot for which they wish to Bid on, or;
Submitting a starting Bid and maximum Bid amount, or
By telephone or other suitable means at the Auctioneer’s discretion.
The bidding process is subject to the following terms and conditions
Once a Bid has been lodged it cannot be withdrawn.
The applicable Bidding increments shall be set out on the applicable Lot and the Auctioneer shall have full discretion to set such increments and to divide, resell, withdraw or bid on any Lots.
The highest unique Bid meeting or exceeding the Reserve Price shall be deemed the winning Bidder.
Each Bidder acknowledges and accepts that even if such Bidder lodges the highest valid Bid in respect of a Listing then such Bid shall not constitute the winning Bid except where the amount of such Bid meets or exceeds the Reserve Price and the Bid has been accepted by the Auctioneer
If from time to time two or more Bidders attempt to lodge identical Bids, the first Bid received and acknowledged by the Auctioneer will take precedence.
Each Bidder will be notified of the outcome of an Auction at the end of the Auction.
From the moment that the Auction ends, the winning Bidder will be personally legally bound to purchase the Lot for the Purchase Price, plus VAT and charges if applicable.
The winning Bidder hereby irrevocably authorises the Auctioneer, at the end of the Auction, to sign any documents on behalf of the winning Bidder.
The winning Bidder hereby indemnifies the Auctioneer against all liabilities howsoever arising including an indemnity to costs, expenses, damages and losses suffered or incurred by the Auctioneer arising out of or in connection with the Purchaser's breach of the Contract of Sale, and in addition where the winning Bidder and the Purchaser are not the same person, the winning Bidder and the Purchaser hereby jointly and severally indemnifies the Auctioneer
The winning Bidder warrants and represents that that they are able and authorised to purchase the Lot including where they act for a company.
If there is a dispute between two or more Bidders, the Auctioneer is authorised to offer the Lot for sale whether at auction or otherwise, and will retain all rights to enforce any contractual terms created by the disputed purchase including any charges or costs payable. The Auctioneer is the sole arbiter as to the existence of any dispute in connection with the conduct of the sale. If a dispute arises, then the Lot so disputed may be immediately put up again and re-sold in accordance with these terms. The Auctioneer shall have full discretion to decide the highest bidder in the event of any dispute in respect of bidding.
The Auctioneer may refuse to accept a Bid in without notice or providing any reason.
The Auctioneer will be under no liability to a Bidder or the Purchaser in respect of any loss or damage suffered by a Bidder or the Purchaser as a result of the exercise of the rights under these Terms.
The Bidder is obliged to follow instructions and directions given in the context of the Auction and no liability attaches for the failure to follow instruction or for any failure of the Platform.
Once a bid is made, this bid is an offer to purchase the particular Lot for the sum offered in addition to other expenses and charges which may arise and the utmost care must be taken before this step is undertaken. A Bidder is bound by such a bid, which is considered irrevocable and unconditional. The Bidder bids and is held to this bid until a higher bid is accepted.
The Bidder cannot rely on any alleged bidding errors or mistakes, typographical errors, or other mistakes or alleged unauthorised use when placing a bid at an Auction.
8.3 The Auction
The Auctioneer shall be entitled to delegate performance of appropriate services from time to time by instructing one or more other persons, firms or companies upon such terms as we consider appropriate in our sole and absolute discretion
The Auctioneer shall use our reasonable endeavours to provide online Auction facilities through the Platform and to hold the Auction on the date and time referred to and advertised in the Listing
In the event of a failure of internet connectivity, hardware, servers or software or any other issue affecting our ability to run the Auction and/or the Platform or your ability to access the Platform and, where applicable, make Bids and/or send/receive notifications, the Auctioneer reserves the right to suspend or cancel an Auction. Wherever possible, and subject to instructions from the Vendor, we shall use our reasonable endeavours to re-list or re-start any affected Auction in the most expedient way possible
Our decision on the conduct and outcome of the Auction via the Platform shall be final
We may cancel or rearrange an Auction at our discretion and shall not be liable to any person for any loss or damage suffered by reason of the fact that the Auction is not or cannot be held at all or at the date and time referred to in the Listing
We reserve the right to declare all results of the Auction as being null and void for any reason in our sole and absolute discretion without providing a reason
We may elect to divide Listings into multiple Lots or combine more than one Lot into a single offering where the need arises
A Lot may be sold or withdrawn from sale prior to the commencement of the Auction
The lot will be sold in accordance with the terms of these conditions and any special conditions of sale where applicable and indicated or referenced in the relevant Listing
Our Online Auction closes on a predefined date and time.
The duration of the Online Auction is indicated on the Auction website and this time may alter depending on the particular auction.
The Auctioneer reserves the right to alter the closing time for any particular auction or Lot offered for whatsoever reason arising and shall make all reasonable efforts to publish same prior to the new closing time but shall not be liable for any loss arising from such an alteration. Any interested person is strongly encouraged to ensure that the closing time remains unaltered.
The Auctioneer shall at all times have discretion to determine the order of the Auction. The Auctioneer has the right to deny anyone access or participation in or for the Auction without giving reasons, or to impose conditions.
For the avoidance of any doubt the said rights are in addition to the rights reserved in respect of the registration of accounts.
The Vendor shall be entitled to receive the proceeds of sale of each Lot sold (less any commission and fees due) on but not before the 30th day following the last day of each Sale provided that the Auctioneer;
Has received the full amount of the purchase price or released the Lot from the Premises, and
Is satisfied that a dispute has not arisen in respect of the Lot, or in connection with payment for the Lot, and/or the proceeds of sale thereof whether under these Conditions of Sale or otherwise, and
Shall incur no liability in the event of withholding payment pursuant to this Condition and the Vendor expressly acknowledges this. Wheresoever arising, the Vendor also acknowledges that the Auctioneer is entitled to release a Lot from its premises without first having obtained payment, and
Has not resold a Lot pursuant to a sub-condition or otherwise
In any case where the Auctioneer has received the purchase monies from the Purchaser but has been notified of a dispute, the Auctioneer will account for the said monies when the said dispute has resolved either by agreement or, failing agreement, by court proceedings. Where a Vendor is indebted to the Auctioneer, the proceeds of sale of each Lot sold (less any commission and fees due) may be immediately credited against the Vendor’s outstanding account. Any credit balance remaining on the account after the debt has been discharged shall then be paid to the Vendor in accordance with this Condition.
All payments are made and/or sent at the risk of the Vendor and, if different, the payee.
The Vendor shall indemnify the Auctioneer in respect of any loss suffered or costs incurred, disbursements or expenses by reason of bringing or defending any proceedings or otherwise howsoever arising from any act or omission by the Vendor in connection with the sale of a Lot.
8.5 REDUCED LIABILITY
Prices are subject to change at any time. We reserve the right to refuse to honour any incorrect prices as we cannot naturally account for occasional human error.
The Vendor will use reasonable endeavours to make Listings for forthcoming Auctions available for viewing and any person who wishes to make an enquiry of a Vendor should contact the Vendor as referenced in the applicable Listing.
The Auctioneer accepts no responsibility for, and, to the fullest extent permitted by law, exclude any liability for, any loss or damage whatsoever arising out of or related to the accuracy or completeness of any information contained in a Listing or for any action taken in reliance on such information by any person. We do not make any representation or give any warranty, guarantee, condition, undertaking or term either expressed or implied as to the condition, quality, state of readiness or fitness for purpose of any Lot and all information is provided by the Vendor.
Notwithstanding the generality of the foregoing, please note that save where otherwise expressly provided;
Any descriptions, references to condition and all and any other details are provided by the Vendors. The Auctioneer provides these in good faith for information purposes only and no person should infer the Auctioneer is urging any reliance on them as statements or representations of fact or otherwise
Each Lot is sold as it stands and there is no term implied in any sale that any Lot is of satisfactory quality or is fit for training or any particular purpose and the Auctioneer does not warrant that any Lot is eligible for participation in any scheme or race notwithstanding any announcement or notice in a catalogue or otherwise by the Vendor.
All persons must make up their own mind about each lot by using common sense before bidding. We strongly urge that all satisfy themselves by inspection or otherwise as to the correctness of each of them; and
All commentary, descriptions, figures, plans, images, representations and veterinary certificates are provided by Vendors and not the Auctioneer.
No person employed or engaged by the Auctioneer has any authority to make or give any representation or warranty whatever in relation to any Lot. The Platform does not constitute, nor constitute part of, an offer, contract, warranty or guarantee.
You should take appropriate steps to verify all information contained on the individual listing. We will make best endeavours to provide all information but as this material is provided by third parties, we cannot guarantee its accuracy.
Animals will be kept at the premises of their owners and viewing and inspecting any Lot, with other relevant documentation, is recommended. Viewing will not be possible at the auction premises. We strongly recommend viewing is arranged through the Vendor.
We suggest that any potential Bidder or Purchaser seeks proper advice from a qualified professional adviser. Nothing on the Platform shall be regarded or taken as legal, financial, or any other advice
The Auctioneer shall not be liable for damage caused by the provision of incorrect and/or incomplete information, regardless of the nature and extent of that damage and that information and regardless of the origin of that information.
Where the Vendor is not the Auctioneer, the Auctioneer expects but cannot guarantee that the Vendor can transfer ownership of a Lot to a Purchaser freely and unencumbered. The Auctioneer is not liable for any related damage.
Purchasers must ensure that the Vendor’s approval is obtained before a veterinary inspection is made.
All Lots are sold subject to these terms and conditions and are subject to any announcements that may be made from time to time. It is the responsibility of all bidders to check for any such announcements.
Use of the website is at the user’s own risk.
To the fullest extent permitted by applicable law, neither the Auctioneer its servants and/or agents will be liable for loss or damages arising out of or in connection with your use of, or your inability to use, the Products and/or facilities or services offered through this website, including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties. We accept no liability in relation to any of the above other than as expressly provided or as may be provided for under your statutory rights.
The Auctioneer accepts no liability for any typographical errors and/or material defects in the auction catalogue or on its website and its online catalogue.
The Vendor shall at all times indemnify the Auctioneers in respect of such information supplied.
Insofar as a lot is not sold directly by the Auctioneer, the Auctioneer acts as Agent to the Vendor and that Vendor is then responsible for the accuracy of any such information supplied insofar as all information concerning the pedigree description and health of a Lot. No statement, sales puff, certificate, forecast or expression of opinion in respect thereof is, or ought to be deemed to be in any circumstances a representation, undertaking, warranty or guarantee by the Auctioneer.
A Lot listed in the Catalogue is sold with its Engagements, Pregnancy Status and/or Produce Record as listed therein with such information being as presented by the Vendor. The Auctioneers will endeavour to have all Catalogue information correctly stated, but the Vendor is responsible for the correction of any error or omission. It shall be the duty of the Vendor to ensure that the Lot is properly described as set out in the Catalogue.
The Auctioneer shall not be liable to any person for any loss alleged to have been suffered as the result of the withdrawal of a Lot from any Sale for any reason.
8.11 Responsibility for Horses
Where the lot for whatever reasons remains howsoever under the control of the Auctioneer prior to or after Auction, then such Lot shall be at the Vendor’s risk from the time of arrival for the period the Lot shall be at or on any property of the Auctioneer, collectively called “the Premises”, unless such Lot shall have been sold, in which case such Lot shall be at the Purchaser’s risk in all respects from the Fall of the Hammer, being the closing of the auction. The Auctioneer shall not be liable for any loss or damage caused to or by any Lot whether by reasons of disease, accident or otherwise whilst the Lot is on the Premises or in transit between different parts of the Premises whether to the Purchaser or the Vendor.
Once a Lot is purchased, the Purchaser may notify the Auctioneers within 48 hours after the hammer goes down if a re-examination of the animal is required. In such event, the Auctioneers shall arrange for such re-examination at the expense of the Purchaser and the opinion expressed on re-examination shall be final and binding on all parties. If on such re-examination a defect is apparent in the lot and such defect has not been referred to in the original Veterinary Certificate and the member carrying out such examination is of opinion that such defect is of practical significance, then the purchaser may repudiate the said sale.
A Lot may be returnable or otherwise removed from the sale where it is decided by the Auctioneer in its absolute discretion that the horse was, or is, infected with a disease, or suffering with a condition, impediment or ailment, or otherwise, such that the inclusion of that horse in the auction or its sale would be injurious to the animal, against the interests of the Auctioneer, or otherwise would not be in accordance with best practice, or best veterinary practice whether the opinion of veterinary practitioner has been sought or not.
The Auctioneer shall be under no obligation to perform any checks on the conditions of any Lots prior to sale and no action shall lie for any failure to do so
Delivery of any lot can only take place after the full Purchase Price plus any additional costs expenses and charges have been satisfied in full and monies are cleared and with the Auctioneer. Until such time as full payment is received the Vendor remains the owner of the Lot subject to the Lot being held at the Purchaser’s risk. Funds must be deposited and available to release to the Vendor for them to be received within the terms of these conditions.
Only after this occurs is the Vendor authorised to deliver the Lot. Any such Lot is required to be delivered within 14 calendar days after full payment is received unless otherwise agreed.
If a Purchaser refuses or neglects to receive the Horse or refuses to make proper arrangements, the Purchaser is in default to the Vendor and is required to compensate.