Conditions of Sale
1. BIDDING: The highest bidder shall be the purchaser and any dispute which arises shall be settled by the Auctioneer who shall regulate the bidding and have the right to refuse a bid. No person to advance less than one guinea up to twenty; five guineas up to two hundred; ten guineas up to five hundred; twenty five guineas up to one thousand; fifty guineas up to two thousand and one hundred guineas thereafter.
2. RESERVES: Reserves shall be given in writing to the Auctioneers before the advertised time for the commencement of the sale. Vendors reserve the right to bid through the Auctioneers as their Agents, and shall only bid through them. NO VENDOR SHALL IN ANY CIRCUMSTANCES WHATSOEVER BID OR ALLOW ANYONE ELSE TO BID ON HIS BEHALF FOR ANY LOT OWNED BY SUCH VENDOR, save that this restriction shall not be extended to lots being sold on a dissolution of partnership. Should any improper bidding be discovered, full commission will be charged on any lots bought in.
3. PURCHASER’S RESPONSIBILITY: Each lot shall be at the sole risk of the purchasers at the fall of the hammer. Purchasers have 1 hour after the Sale to check passports are correct. 4. PAYMENT:
1) All purchases shall be paid for on the day of the sale direct to the Auctioneers before removal and no lot to be removed without the written authority of the Auctioneers.
2) Cheques will not be accepted unless prior arrangements with the Auctioneers have been made.
3) Payment of lots by credit card will be subject to a charge of 2% plus VAT on the gross invoice total.
4) Where a purchaser defaults in payment, the Auctioneers reserve the right to re-sell the lot and to charge the Purchaser with any expenses and loss incurred by reason of the failure of the Purchaser to complete his purchases.
5) The Auctioneers reserve the right to charge interest at the current bank overdraft rate on any outstanding accounts from the day of sale unless special arrangements have been made with the Auctioneers in this respect.
6) Transfers of purchases will only be recognised at the sole discretion of the Auctioneers.
7) All lots will be removed from the Saleground on the day of the sale only after payment; unless other arrangements have been made with the Auctioneers.
5. PRIVATE SALES:
a) No lot entered or advertised for sale by the Auctioneers is to be sold by the owner privately within 21 days prior to the commencement of the sale for which the lot has been so entered or advertised. The Auctioneers are not to be under any liability for any breach of this condition by the vendor.
b) If this condition is broken or any withdrawn lot is sold subsequently on the sale ground then the usual commission will be charged.
c) In all cases where a lot is not forward for sale the Auctioneers shall be indemnified by the person entering such a lot for all expenses incurred in relation thereto and against all such claims from third parties as may arise.
6. FEES AND COMMISSIONS: The following fees and commissions shall be paid to the Auctioneers together with V.A.T. at the appropriate rate:-
a) Horses - The Entry Fee on all lots must be paid to the Auctioneer at the time of entry. This includes cataloguing and stabling. Commission - 5p in the guinea of the sale price plus V.A.T.
b) Saddlery and all other lots inc jumps etc - 15% of the sale price of all lots realising £100 or under, 10% of the sale price thereafter. All plus VAT. Minimum commission 50p.
c) Carriages, Carts, Trailers, Horseboxes and Wagons – 10% up to first £500, 5% on the next £2,500 and 2 ½% thereafter. All plus VAT
7. PREGNANCY AND VETERINARY CERTIFICATES: Veterinary Certificates and Pregnancy Certificates are only an expression of opinion by a qualified Veterinary Surgeon and do not constitute a Warranty.
8. PEDIGREES OF RECOGNISED BREED SOCIETIES AND ASSOCIATIONS IN THE U.K.: If the purchaser of a horse, described in the Catalogue as registered with any recognised breed, society or association within the U.K. contends that it does not correspond with such pedigree or description, they must give notice in writing to the Auctioneers before 5.00 p.m. on the seventh day after the sale. No complaint shall entitle the purchaser to any claim for rescission of contract or for compensation unless in the opinion of the Arbitrator appointed under these Conditions the value of the horse is substantially diminished to the immediate purchaser thereof.
9. GENERAL LIABILITY: The Auctioneers shall not in any way be liable should any animal be killed or injured while on the Sale Ground or during a trial or examination. The Auctioneers accept no liability for any damage, loss or injury to horses or persons while in or around the saleyard or stabling including damage, loss or injury caused by the negligence of any servant or agent of the Auctioneers.
10. DESCRIPTION: The descriptions are supplied by the vendors who alone are responsible for details and accuracy. The Auctioneers will not be answerable in respect of any errors which may occur in the Catalogue. The Auctioneers may make an intimation of any alteration or modification of the Catalogue description of any lot immediately before asking for bids. The Auctioneer shall be the sole and exclusive judge of the fact of such intimation and the terms in which it is made.
1(i) All horses offered for sale will be taken to be warranted sound in wind, eyes, heart and action and free from any allergy or substance capable of affecting a horse’s performance or soundness unless expressly stated otherwise. In addition the following description will be taken to constitute warranties as follows:-
a) Hunter - ‘has been hunted and is capable of being hunted’.
b) Hack - ‘quiet to ride and in traffic’.
c) Quiet to ride or quiet to drive - quiet in traffic also.
d) Riding Ponies - ‘quiet to ride in traffic and manageable by a child of average age and competence appropriate to the size of the pony.
e) Broodmare - ‘description as a broodmare carries no soundness warranty unless expressly stated in the catalogue’.
f) Any description not specified above which the Auctioneers shall at their discretion have determined to constitute a warranty, whether before or after sale. Vendors are warned that it is the policy of the Auctioneers to determine that statements made in the description of any lot for the purposes of attracting bids shall constitute a Warranty EXCEPT where these conditions or the description itself expressly state otherwise.
1(ii) a) Statements as to the age, height, sex, colour or breeding shall not constitute a warranty.
b) Statements as to belief in the pregnancy of an animal shall not constitute a warranty.
c) Any horses sold for 60 guineas or less is taken to be sold without warranty.
d) Vendors please note details given in the catalogue must match those on the passport.
2. All horses offered for sale will be taken to be warranted free from ‘vice’ and not to have undergone any operation for wind or for unnerving. The following are examples of common vices which must be declared: Crib-biting, Wind-sucking, Weaving, Whistling and Roaring. A rig must be stated as such at 2 years and upwards.
3 LOSS OF USE: Any horse that has undergone a Loss of Use Insurance Claim must be declared. 4 SADDLERY: The Auctioneers reserve the right to refuse to accept for sale saddlery which they consider not to be up to standard, and any saddle sold for £40 or over is warranted to have a sound tree and if found defective may be returned to the Auctioneer’s office before 5.00 p.m. on the day following the sale or on the Monday following a Friday sale. Thereafter Conditions of Sale relating to Warranties and Arbitration apply.
1 A purchaser wishing to make complaint shall deliver to the Auctioneers in writing or by telephone notice of that complaint within 48 hours of the close of the sale (or within 7 days of the sale in the case of complaint about vice under Condition 11.2 or about performance masking substances under Condition 11.1) which is taken as 5.00 p.m. on the day of the sale except where the day of sale is Friday when this warranty shall extend until 5.00 p.m. the following Monday. Where the complaint is made by telephone, the purchaser must deliver to the Auctioneers notice in writing of that complaint within 24 hours of the limit allowed (i.e. within 72 hours of the day of the sale for all warranties except for vices where the extended time allowed will be 8 days from the date of sale).
2 Any complaint of unsoundness or vice must be followed by a written certificate by a qualified veterinary surgeon within 72 hours of the notice, provided that in a proper case the Auctioneers may extend this time limit by 24 hours on application by the Purchaser or his Veterinary Surgeon.
3 On receipt of a complaint the Auctioneers shall deposit the net proceeds of sale of the horse in dispute with the Lloyds TSB Bank plc. and shall be under no obligation to account to the vendor until they are satisfied that such dispute has been settled.
4 No complaint will be considered by the Auctioneers from the purchaser who has failed to pay for the lot which is the subject of the complaint.
5 Complaints referred to the Auctioneers shall be settled at the discretion of the Auctioneers in one of the following ways, that is to say:-
a. By the Auctioneers themselves acting as experts.
b. By a qualified Veterinary Surgeon acting as an expert.
or c. By a single Arbitrator acting under the Arbitration Acts for the time being in force. In each case the person having the references shall have full power to include in his award provision for costs and expenses including the keep and transport of the animal. The Auctioneers will require a deposit from each party before the dispute is considered.
6 Without prejudice to the discretion of any person making an award aforesaid the purchaser shall be responsible for the cost of returning the animal to the saleyard or elsewhere at the Auctioneer’s discretion and the vendor shall pay reasonable livery until collection of the lot.
13. THE VENDOR shall be entitled to receive the purchase price of any lot or lots sold on the ninth day after the sale provided that the Auctioneers shall have received the same and:-
a) that the complaints procedure therinafter set out shall not have been invoked by or on behalf of the Purchaser, when payment of what is due will be made to whom it is due as soon as practicable by the Auctioneers after settlement of the complaint and:
b) that in the event of any acknowledged debt of the Vendor being owed to the Auctioneers, the latter shall have the right to set off such debt against the proceeds of sale.