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CAVAN EQUESTRIAN CENTRE LTD. — HORSE MARKETING CENTRE.
Conditions of Sale
Sales are held subject to the following conditions. Which said Conditions of Sale form the basis of the Contract between the Purchaser and Vendor.
ANY DISPUTE ARISING OUT OF A SALE OF ANY LOT IN ACCORDANCE WITH THESE CONDITIONS OF SALE SHALL BE A DISPUTE BETWEEN VENDOR AND PURCHASER AND IN NO CIRCUMSTANCES SHALL CAVAN EQUESTRIAN CENTRE LTD., HORSE MARKETING CENTRE BE LIABLE TO EITHER PARTY IN CONNECTION WITH SUCH DISPUTE.
PURCHASER'S DUTIES
Purchasers are advised and requested to inspect each lot prior to purchase. Each lot is sold under the Conditions of Sale, unless otherwise specified by the auctioneer on the day. There is no term implied in any sale that any lot is of merchantable quality or is fit for training or any particular purpose. Purchasers must ensure that the Vendor's approval is obtained before a Veterinary Inspection is made. All lots are sold subject to the Conditions of Sale of Cavan Equestrian Centre Ltd., Horse Marketing Centre and are subject to any announcements that may be made from the Auctioneer's Rostrum and therefore it is the responsibility of all bidders to be in attendance at the commencement of the sale of a Lot to hear any such announcements.
The Vendor is responsible for the accuracy of all information concerning the pedigree description and health of a Lot. No statement certificate forecast or expression of opinion in respect thereof is or is deemed to be in any circumstances a representation, undertaking, warranty by Cavan Equestrian Centre Ltd., Horse Marketing Centre or condition of any contract with Cavan Equestrian Centre Ltd., Horse Marketing Centre and Cavan Equestrian Centre Ltd., Horse Marketing Centre shall in no circumstances become liable to any person in respect thereof.
Cavan Equestrian Centre Ltd., Horse Marketing Centre shall not accept responsibility for loss or damage suffered or incurred by any person while attending their sales through death, disease, accident or any other cause whatsoever and whether to himself, his animals, his property or other property.
Cavan Equestrian Centre Ltd., Horse Marketing Centre retain the right to prohibit the entry to Cavan Equestrian Centre any animal which is suspected to be suffering from a contagious disease.
'Vendor' when used in these Conditions shall mean the person, partnership or corporation named in the Entry Form as Owner of the Lot PROVIDED HOWEVER that where an Owner is not named in the Entry Form or in the case of a Partnership the person who enters the Lot for sale shall be deemed to be the Vendor.
The word 'Purchaser' when used in these Conditions mean the highest bidder to whom a Lot is knocked down subject to the Provisions of Paragraph 1 (2) hereof, and shall include a person who is the Vendor or member of a Vendor partnership.
The word 'Lot' when used in these Conditions shall include horses and ponies , of all descriptions offered for sale by 'Cavan Equestrian Centre Ltd., Horse Marketing Centre', and the singular where used throughout these Conditions embraces the plural.
The term Purchase Price included in these Conditions of Sale shall be the price at which the Lot was knocked down at in the ring, plus Commission plus V.A.T.
1. RESERVES, BIDDING AND PRIVATE SALES
(1) A Lot entered in the Catalogue and advertised for sale by 'Cavan Equestrian Centre Ltd., Horse Marketing Centre' shall not be sold by the owner before the Auction of that Lot. Should they fail to reach their reserve, vendors may negoatiate privately and in the event of a sale it must be transacted through the Auctioneers. Anyone found not adhering to this condition of sale will be barred from all future sales.
(2) Any Lot catalogued for sale and is sold within the two weeks prior of the sale the owner or agent of this Lot are due to pay full commission to 'Cavan Equestrian Centre Ltd., Horse Marketing Centre'
(3) There may be a reserve price for any Lot, and subject to such reserve price the highest bidder shall be the Purchaser. Should any dispute arise between two or more bidders Cavan Equestrian Centre Ltd , Horse Marketing Centre shall forthwith adjudicate on the dispute and their decision shall be binding on all parties. At Cavan Equestrian Centre Ltd. Horse Marketing Centre's discretion the lot in dispute may be put up again for Auction or resold.
(4) Bidding shall be in Euro. No person shall advance less than 10 Euro up to 200 Euro; 20 Euro up to 1000 Euro; 50 Euro up to 2000 Euro; and 100 Euro thereafter. Cavan Equestrian Centre, Ltd., Horse Marketing Centre as Agents for the Vendor, reserve the following rights, viz:-
(a) To refuse the bidding of any person, without giving any reason.
(b) To withdraw the Lot from sale at any time before it has been knocked down without disclosing the reserve price.
(c) Cavan Equestrian Centre Ltd., Horse Marketing Centre, reserve the right to fix a minimum price at any or all sales.
(4) A Purchaser shall furnish his name and address to Cavan Equestrian Centre Ltd., Horse Marketing Centre immediately after the Lot is knocked down, and shall immediately pay the purchase price. Should the Purchase Price not be paid immediately then Cavan Equestrian Centre Ltd., Horse Marketing Centre may at their discretion, put up the Lot for Auction and re-sell it.
(5) A LOT SHALL BE AT THE VENDORS RISK WHILE IN CAVAN EQUESTRIAN CENTRE LTD., HORSE MARKETING CENTRE'S CUSTODY PROVIDED HOWEVER THAT WHERE SUCH LOT HAS BEEN SOLD IT SHALL BE AT THE
PURCHASERS RISK FROM THE FALL OF THE HAMMER, OR FROM TIME OF SALE IF SOLD PRIVATELY. CAVAN EQUESTRIAN CENTRE LTD., HORSE MARKETING CENTRE SHALL NOT BE LIABLE FOR LOSS, DAMAGE OR INJURY CAUSED BY A LOT WHILE IN ITS CUSTODY AND WHETHER TO THE PERSON IN CHARGE OF SUCH A LOT OR TO A THIRD PARTY.
(6) A Lot purchased shall be removed from Cavan Equestrian Centre Ltd., Horse Marketing Centre's premises not later than the evening of the sale of the day of purchase. If the purchase price has not been paid at the time of sale then the Lot shall not be delivered to the Purchaser until paid for.
(7) If a Lot is purchased and not paid for as hereinbefore provided, then the following provisions shall take effect until payment is received,
(a) Title to the Lot shall not pass to the Purchaser but shall remain vested in the Vendor.
(b) Should the Purchaser fail to pay for a Lot within a reasonable period then such Lot may at any time be resold by Public
Auction or by Private Treaty, and the deficiency (if any) resulting from such resale shall immediately be made good by
the defaulting Purchaser.
(c) Nothing herein contained shall preclude Cavan Equestrian Centre Ltd., Horse Marketing Centre or the Vendor of a Lot
pursuing all legal remedies available to them, or either of them for the recovery of the Purchase Price from a defaulting
Purchaser and all expenses commissions and damages resulting from such default.
(8) No undertaking by Cavan Equestrian Centre Ltd., Horse Marketing Centre, their servants or agents to take charge of a Lot
previous to or after a sale , or to forward to a destination, shall be held to impose upon Cavan Equestrian Centre Ltd., Horse
Marketing Centre any legal obligation, or vitiate any of the foregoing conditions. Any person engaged to bring and take away
a Lot shall do so at the cost and risk in all respects of the owner of such Lot.
(9) All private transactions on day of sale must be transacted through the Auctioneers. Anyone found not adhering to these
Conditions, will be barred from participating in all our future sales.
2. DESCRIPTIONS OF A LOT, SOUNDNESS AND STABLE VICES.
(1) Cavan Equestrian Centre Ltd., Horse Marketing Centre shall not be liable for any statement made in this Catalogue or from the Rostrum, concerning a Lot listed herein for sale, nor for any Description, Pedigree or Warranty expressed or implied on its behalf, such information being supplied by the Vendor who alone is responsible for its accuracy. The Vendor is obliged to disclose all past history of the animal in relation to unsoundness, ailments, vices, etc.
(2) The Vendor is responsible for the declaration of all known vices on the Vendor Warranty form and to ensure the same are announced by the commentator from the auctioneer’s rostrum. The Vendor must also declare any other problem with the animal to be sold, e.g. nervous/difficult to ride, difficult to box, or any other behavioural problems, etc. on the Vendor Warranty form also ensuring that these comments are announced by the commentator from the auctioneer’s rostrum.
(i) If a vice e.g. clinical signs or prior signs of sweet itch, etc. presents itself and the office is notified and it is found that this problem is verified then the animal is returnable.
(ii) Any horse that sucks its tongue or makes a sucking noise this is regarded as a vice and must be declared – if not horse the animal is returnable
(iii) Post sale if any horse has any difference in description, something that is found to be severe that should not be there and is not recorded, e.g. any clinical signs of sweet itch, cataract in an eye, etc. then the animal is returnable to the Vendor.
(3) There is no term implied in any sale that any Lot is of merchantable quality or is fit for training or any particular purpose. The Lot is sold subject to these Conditions of Sale and is subject to any announcements that may be made from the Auctioneers Rostrum, and accordingly it is the responsibility of all bidders to be in attendance at the commencement of the Sale of a Lot to hear any such announcements. Subject always to Condition 2 (1) hereof:-
(a) Any Lot which is a Crib-biter or windsucker (or making a sucking noise), has been unnerved, is an established weaver, established box-walker, napping, line or pin fired or has been tubed or otherwise operated on for unsoundness in wind or has shown any evidence of sweet itch or any vice whatsoever and is not so described in returnable in accordance with Condition of Sale.
(b) Any lot which has impaired vision or injury to the eye and is not so described is returnable in accordance with
Condition of Sale.
(c) Any Lot which proves to be a Wobbler or Shiverer within 1 week of the sale, and such fact is not disclosed at the time
of sale, is returnable in accordance with Condition of Sale.
(d) OCD in foals and yearlings – whereby the animal shows symptoms of OCD within a short period of time post sale then the Lot is deemed to be returnable.
(4) After the fall of the hammer any Lot purchased is at the Purchaser's expense and risk, subject to Condition 2(4).
(5) If the Purchaser of any Lot sold with a Pedigree or Description contends that it does not correspond with such Pedigree or Description or that it is in breach of any of the Provisions above hereof; the Purchaser must notify Cavan Equestrian Centre Ltd., Horse Marketing Centre specifying the nature of the complaint either by phone, fax, letter or email within 7 days of the day of sale and in turn Cavan Equestrian Centre Ltd., Horse Marketing Centre shall notify the Vendor. In the cases where the Veterinary Certificate is required Cavan Equestrian Centre Ltd., Horse Marketing Centre may have the lot examined by a Veterinary Surgeon appointed by them and where the opinion of the Veterinary Surgeon so appointed does not agree with the opinion of the Purchaser's Veterinary Surgeon as expressed on his Certificate furnished, then the opinion of the Veterinary Surgeon appointed by Cavan Equestrian Centre Ltd., Horse Marketing Centre shall prevail and shall be final and binding on the parties. Failure to so notify the Auctioneers shall defeat any right or remedy the Purchaser may otherwise have pursuant to these conditions or otherwise.
In the event that a Lot is returnable by reason of the matters arising herein, the Vendor shall pay to the Auctioneer all costs, the amount of any payment under this Condition payable shall be fixed by the Auctioneers whose decision shall be final and binding on the Parties.
The fees of the Veterinary Surgeon appointed by Cavan Equestrian Centre Ltd., Horse Marketing Centre shall be borne by the Vendor if the Purchaser's complaint is upheld, and by the Purchaser if not. Failure to return the Lot and to give the notice to the Vendor and to Cavan Equestrian Centre Ltd., Horse Marketing Centre in accordance with this Condition shall be an absolute bar to any claim in respect of any alleged error in Pedigree or Description, or any alleged breach of the said paragraphs (a) (b) (c) and (d) of Conditions 2 (2) hereof, and the purchaser shall be bound to keep and to pay for the Lot, whether or not it complies with such Pedigree or Description is unsound in any respects set out in the said Paragraphs. The Auctioneers shall not be liable as a party in any dispute between the Vendor and Purchaser or in any legal action arising there from.
3. VETERINARY CERTIFICATE AND RE-EXAMINATIONS
(i) The Auctioneers shall nominate a panel of approved Veterinary Surgeons. A Lot must be offered for sale with Veterinary
Certificate from a member of this panel. It shall be Vendors responsibility to ensure that this Certificate is lodged with the
Auctioneers not less than one hour before the expected time of sale. The Certificate shall be available for inspection by
prospective Purchasers and may subsequently be read out from the Rostrum at the time of sale. In the event that a Certificate
has been mislaid or not available for any other reason at the time of sale, the Auctioneers may in their absolute discretion
decide to postpone the sale or not offer the lot for sale. In any event, the Auctioneers shall not be held liable to any party by
reason of the non-production of the Veterinary Certificate.
(ii) Once a Lot is purchased, the Purchaser must notify the Auctioneers within 30 minutes of purchase if a re-examination is
required. In such event, the Auctioneers shall arrange for such re-examination at the expense of the Purchaser and such re-
examination will be performed by a member of the panel other than such member who has furnished the original Certificate.
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 the opinion that such defect is of practical significance then
a referee Veterinary Surgeon shall be called upon whose decision shall be binding on all parties.
(iii) A Lot remains at the Vendors risk until completion of the re-examination procedure. Once re-examination has been
completed and the Lot has passed such re-examination, such lot is then held to the Purchasers risk. Following sale of a Lot
by auction or privately, it shall remain the Vendors responsibility:
(a) To ascertain if re-examination has been requested and
(b) To present such horse for re-examination.
(iv) Brood-mares should be examined for pregnancy with 7 days prior to the date of sale.
Where a Brood-mare is sold with a Veterinary Certificate of Pregnancy, the Purchaser may have her re-examined for
Pregnancy by a member of the Veterinary Panel before the Brood-mare is removed from the Cavan Equestrian Centre Ltd.,
Horse Marketing Centre Sales Complex provided that the purchaser has notified Cavan Equestrian Centre Ltd., Horse
Marketing Centre within 30 minutes of purchase. If the Brood-mare is found not to be certified, she shall be returned to the
Vendor unsold and the Vendor shall be liable for the expenses as if she had been sold. The Purchaser shall in all cases be
liable for the re-examination fee
Where a mare is sold in an International Performance Sale and subsequently turns out to be in foal, this mare is returnable
from Purchaser to Vendor if Purchaser so wishes and in turn all expenses incurred by Purchaser will be borne by Vendor plus
purchased monies.
4. BLOOD TEST
The Purchaser of any Lot will have the right within 30 minutes of the fall of the hammer or as a result of a private sale to request that a blood sample be taken for subsequent analysis to detect pain killing anti-inflammatory or performance altering drugs. If on analysis the result is positive the Lot is returnable.
Random blood sample will be taken from entries on each day of sale to detect pain killing anti-inflammatory or performance altering drugs. If the result is positive the Vendor shall be barred from all future sales.
5. DISPUTES
Subject to foregoing Conditions, the Auctioneers act as the Agent of both the Vendor and the Purchaser and to this end, the Auctioneers shall use their best endeavours to act to the mutual benefit of both Vendor and Purchaser. In the event that any dispute arises for whatever reason as between the Vendor and the Purchaser, then the Auctioneers, the Vendor the Purchaser shall be bound by these Conditions of Sale. The Auctioneers shall not be liable to the Purchaser or to the Vendor in any manner howsoever arising from the sale of any Lot and in the event of any dispute arising in relation to any Lot, the Vendor’s remedy shall be against the Purchaser and the Purchaser’s remedy shall be against the Vendor. In the event that the dispute arises as between Vendor and Purchaser in respect of any Lot before the Auctioneers have paid over any purchaser money, the Auctioneers on being notified of the said complaint and dispute between the parties, shall lodge any purchaser money in their possession in an interest bearing Deposit Account until such time as the dispute is resolved as between the Vendor and Purchaser they both acknowledging to the Auctioneers that the matter has been so resolved. In the event that a Vendor or Purchaser initiates legal proceedings, the Auctioneers shall be bound by these Conditions of Sales and by any Order of Court in relation to the matter. The Vendor or Purchaser as the case may be shall indemnify Cavan Equestrian Centre Ltd. Horse Marketing Centre in respect of any costs incurred resulting from any proceedings arising out of a sale.
In the event of any dispute arising between purchaser and vendor for whatsoever reason (e.g. vices, lameness, etc) post sale a representative of Cavan Equestrian Centre will make a final and binding decision(s) with regard to the dispute.
6. HANDLING HORSES/PONIES ON SALE COMPLEX
All work carried out with horses/ponies relating to a sale (on previous day, day of sale or during veterinary procedure) i.e. loading, unloading, stabling, lunging, loose jumping, riding in practice or jumping arena this is carried out at handlers/riders own risk. Whereby an owner or agent enters an animal for sale they are agreeing to these Conditions of Sale and are bound under contract.
7. HORSES/PONIES WELFARE
Any injury to a horse/pony during a sale (on previous day, day of sale or during veterinary procedure) i.e. loading, unloading, stabling, lunging, loose jumping, riding in practice or jumping arena this is carried out at owners/agents own risk.
8. SPECIAL TERMS FOR ELITE 3 YEAR OLD SALE
If a Lot is achieving €10,000 or more through the sales ring at the Elite 3 year old Sale and the Vendor will not put the Lot on the Market and this results in a ‘no sale’, the Vendor of this Lot will be charged commission of 3% of the final price being bid in the sales ring.
9. PAYMENT
Money shall not be paid to the Vendor of any Lot unless the Lot is cleared by the Purchaser. Cavan Equestrian Centre Ltd., Horse Marketing Centre shall not be answerable for any deficiency which may arise on the re-sale of an uncleared Lot. Payment to the Vendor or his authorised agent will be made 28 days after the day of the Sale in respect of those animals where payment has been received.
Purchasers are advised that the only payment acceptable to Cavan Equestrian Centre Ltd., Horse Marketing Centre on the day of sale is Cash, Debit Card, Credit Card (credit card payments are subject to a 2% surcharge levied by the Credit card Company), Banker's Draft or their own cheque advised in writing to ULSTER BANK, CAVAN, IRELAND
TEL. (049) 433 1922, Int. Code 010-353-49-433 1922. All lots subject to 4.8% VAT by Purchaser.
8. COMMISSIONS AND FEES
For every Lot sold by Auction or bought in by the Vendor, or by anyone other than Cavan Equestrian Centre Ltd., Horse Marketing Centre, the following charges are payable. Similar charges will be made for any lot disposed of between the date of publication of the catalogue and one week after the date of Sale. Full commission is to be paid by the Vendor to Cavan Equestrian Centre in respect of any lot returnable and/or returned.
All sales: 3% of the sale price is payable by the Vendor and 6% by the purchaser. VAT 5.2%
TERMS OF PAYMENT
Payment must be made in cash or by banker’s draft. Prospective purchasers who wish to pay by cheque must, through their bank, make arrangements with the Cavan Equestrian Centre’s bankers, Ulster Bank, Main Street, Cavan. Telephone 00-353-49-433 1922, 433 1269, Fax 00 353-49-433 2037.
These arrangements must be completed during banking hours.
Please Note
Sterling cheques/cash will be accepted at a rate given by our accounts department on day of receipt.
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