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| NOTICE
TO BUYERS AND SELLERS: |
| The attention of Vendors
and Purchasers is drawn to our revised conditions
of sale. These conditions of sale form the basis
of the contract between buyer and seller. We advise
all prospective purchasers to carefully read these
conditions of sale before bidding. The attention
of purchasers is particularly drawn to their rights
and the procedures and time limit to be completed
with in the event of complaint or dispute. |
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CONDITIONS OF SALE: |
Definitions:
“The Auctioneers’’ shall mean Michael
Donohoe & Sons or any parties acting on their
behalf.
"The Vendor’’ shall mean the person,
partnership or corporation named in the Entry Form
as Owner of the Lot provided 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 Purchaser’’ shall mean the
highest bidder to whom the Lot is knocked down subject
to the provisions set out herein and shall include
a person who is the vendor or member of a per vendor
partnership.
“Lot’’ shall mean and include horses
of all descriptions offered for sale by Michael Donohoe & Sons.
“Sales Complex’’ means any premises
being permanent, temporary or otherwise used by the
Auctioneers in any Sales. |
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1.
Michael Donohoe & Sons, their servants
or agents shall not accept any responsibility for
injury, loss or damage suffered to persons, animals,
goods or property or howsoever arising as a result
of any act, omission, default or neglect on their
part or on the part of any owners of horses and/or
their agents or visitors to the Sales. They further
retain the right to prohibit the entry to their
Complex of any animal which is suspected to be
suffering from a contagious disease.
2. RESERVES,
BIDDING AND PRIVATE SALES:
(i) A
Lot entered in the Catalogue and advertised
for sale shall not be sold by the owner
before the auction
of that Lot. Should they fail to reach their reserve,
vendors may negotiate 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.
(ii) There may
be a reserved price for any Lot and subject to such
reserved price, the highest bidder shall be the Purchaser.
Should any dispute arise between two or more bidders
the Auctioneers shall adjudicate on the dispute and
their decision shall be binding on all parties. At
their discretion, the Auctioneers may put up the
Lot in dispute for Auction and re-sale.
(iii) The
Auctioneers reserve the following rights:
[a] To refuse
without reason the bidding of any person;
[b] To bid
on their own behalf up to the reserve price;
and
[c] To withdraw
the Lot from sale at any time before it
has been knocked down without disclosing
the reserved price.
A Vendor shall not bid or allow anyone else to bid
on his behalf for any Lot owned by him except in
cases where such Lot is being sold on the dissolution
of a partnership.
(iv) Any
Lot in the Auctioneers Sales Complex for
the purposes of sale or otherwise shall
be there at the Vendor’s risk provided,
however, that where such Lot has been sold
it shall be at the Purchaser’s risk
from the fall of the hammer or time of
sale if sold privately. In the event that
the purchasers exercises the right of re-examination
in accordance with Condition Number 4 subsection
(iii) hereunder, the Lot shall remain at
the Vendor’s risk until such re-examination
has been completed. The Auctioneer shall
not be liable for loss, damage or injury
caused by a Lot or to a Lot while on their
Sales Complex whether by disease, accident
or otherwise howsoever arising and whether
to a person in charge of such a Lot or
to any third party. Any Lot purchased shall
be removed from the Sales Complex not later
than 24 hours after the date of the purchase
and at the Purchaser’s expense. The
Auctioneers shall bear no responsibility
for the maintenance, upkeep or well being
of any Lot.
(v) If
a Lot is purchased and not paid for, the
Auctioneers shall be entitled to retain
the Lot until payment is received and in
respect of the period of such retention,
the Auctioneers shall have a lien upon
the Lot for all expenses including freight
incurred by them or any Agent acting on
their behalf in keeping, maintaining, training,
treating or otherwise dealing with the
Lot during such period of retention and
such lien shall not be lost by reason of
the fact that the Lot is kept by them or
their Agents elsewhere than in their Sales
Complex. A Lot shall not be delivered to
a Purchaser until the expenses mentioned
have been discharged in addition to the
purchase price. Should the Purchaser fail
to pay for a Lot, the Auctioneers in their
absolute discretion may at any time re-sell
the Lot by Public Auction or Private Sale
and the deficiency (if any) resulting from
such re-sale shall immediately be made
good by the defaulting purchaser and in
default of a payment it shall be recoverable
from the Purchaser as liquidated damages.
The Auctioneers or the Vendor of a Lot
shall be at liberty to pursue all legal
remedies available to them against a defaulting
Purchaser to recover the purchase price
or any deficiency therein arising from
the default.
(vi) No
undertaking by the Auctioneers, their servants
or agents to take charge of a Lot previous
to or after a sale or to forward such Lot
to a destination shall be held to impose
upon the Auctioneers 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 risks
in all respects of the owners of such Lot.
3. DESCRIPTIONS
OF A LOT AND STABLE VICES:
(i) The
Auctioneers shall not be liable or responsible
for the accuracy of any information set
out in the Catalogue or announced from
the Rostrum concerning a Lot listed for
sale or 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 shall at all times
indemnify the Auctioneers in respect of
such information supplied. A Lot listed
in the Catalogue is sold with its Engagements,
Pregnancy Status and/or Produce Record
as listed therein or announced from the
Rostrum at the time of sale 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. In the event of any
dispute as to the description or information
of a Lot, the Purchaser’s remedy
shall be against the Vendor and the Vendor’s
remedy shall be against the Purchaser and
the Auctioneers who act as Agents between
Vendor and Purchaser shall not be liable
as a party in any action or dispute that
might arise between the parties.
(ii) Subject
to the right of re-examination in accordance
with Condition 4 (iii) hereunder a lot
is sold either at the fall of the hammer
or where a lot is not sold in the ring
at the time of subsequent private agreement.
These Conditions of Sale provide the basis
for the contract between Vendor and Purchaser.
Where veterinary examination is requested
and the lot successfully passes such re-examination
procedure the sale is concluded at that
time subject to the following important
conditions.
[a] Any
Lot which is a 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 and is not so described
is returnable in
accordance with Condition 3 (iii) hereof.
[b] Any Lot described
at the time of sale as a Colt and does not at such
time have two testes descended to the scrotum or
is described at the time of sale as a gelding and
is at such time a colt or rig is returnable in accordance
with Condition 3 (iii)
hereof.
(iii) If the
Purchaser of any Lot sold with a Pedigree or description
contends that it does not correspond with such Pedigree
or description, or if he contends that such lot is
afflicted with vice as set out in Condition 3 (ii)
[a] above then he must notify the Auctioneers within
seven days from the last day of the sale at which
the Lot was purchased specifying exactly the nature
of the complaint that the Purchaser makes in respect
of the Lot Purchased. Failure to so notify the Auctioneers
shall defeat any right or remedy the purchaser may
otherwise have pursuant to these conditions or otherwise.
The Auctioneers shall then nominate a Veterinary
Surgeon or other expert to investigate the purchasers
contention and the decision of such Veterinary Surgeon
or expert shall be binding on vendor and purchaser.
In the event that a Lot is returnable by reason of
the matters arising herein, the Vendor shall pay
to the Auctioneers the cost to the Auctioneers and
to the Purchaser of returning the Lot and the amount
of any payment under this Condition payable to the
Purchaser shall be fixed by the Auctioneers whose
decision shall be final and binding on all parties.
(iv) Should
any dispute arise between a Vendor and
a Purchaser as to any of the matters referred
to in the Condition 3 (iii) hereof, it
shall be adjudicated upon by the Auctioneer
at such time and in such manner as the
Auctioneers in their absolute discretion
shall think fit and their decision shall
be final and binding on all parties. All
expenses and charges incurred by such adjudication
shall be borne by the party found to be
in error. The Auctioneers shall not be
liable as a party in any dispute between
the Vendor and Purchaser or in any legal
action arising thereout.
4. VETERINARY CERTIFICATES AND RE-EXAMINATION:
(i) A
Lot may be offered for sale in the manner
following:
[a] As it
stands – meaning that the Lot is
sold at the fall of the hammer without
a veterinary certificate or right of re-examination.
[b] Subject
to re-examination – in which event,
the Purchaser shall be entitled to have
the Lot examined in accordance
with Paragraph 4 (iii) hereof.
[c] With the benefit
of a Veterinary Certificate – meaning that
the Lot shall be sold in accordance with the terms
and
conditions recited in Paragraphs 4 (ii) and 4 (iii)
hereof.
(ii) Where
a Lot is offered for sale with a veterinary
certificate it must be a veterinary certificate
from a panel of approved veterinary surgeons
nominated by the auctioneers. It shall
be the Vendors responsibility to ensure
that this Certificate is lodged with the
Auctioneer 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 is 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.
(iii) 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 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. The decision of the member
of the panel who has carried out the re-examination
as to the significance or otherwise of
any defects disclosed on such examination
shall be final and binding on Vendor and
Purchaser.
(iv) 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.
(v) Save
as herein before provided no Lot shall
be returnable.
5. BLOOD TEST:
The Purchaser of any lot will have
the right within 30 minutes of the fall
of the hammer or 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.
6. PAYMENT:
Payment to Vendors or their authorised
Agents, will be made 30 days after the
sale in respect of those animals where
payment has been received from the Purchaser.
In the event of a defaulting purchaser,
the Auctioneers shall not be held liable
or responsible for any deficiency which
may arise on the resale of an uncleared
Lot.
The Auctioneers shall use their best endeavours at
all times to ensure the completion of a purchase
to the mutual benefit of the Vendor and Purchaser.
The Auctioneers shall in their absolute discretion
decide the terms and conditions under which a Purchaser
shall discharge his payment for any Lot purchased.
In the event that the Auctioneers are for any reason
unable to secure payment from the Purchaser then
the Auctioneers shall not be held liable by the Vendor
for the purchase money or any part thereof.
7. DISPUTES:
Subject to the 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 and 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 a dispute
arises as between Vendor and Purchaser
in respect of any Lot before the Auctioneers
have paid over any purchase money, the
Auctioneers on being notified of the said
complaint and dispute between the parties,
shall lodge any purchase 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. It
shall be the obligation of the Purchaser to pursue the
resolution of the dispute and in any default of
prosecution of same, the Auctioneer shall, on notice
to the Purchaser, be at liberty to pay out to the
Vendor any money that was withheld on foot of the
Purchaser's complaint, and shall do so unless the
Vendor produces evidence to the Auctioneer that legal
proceedings have been commenced. In
the event that a Vendor or Purchaser initiates
legal proceedings, the Auctioneers shall
be bound by these Conditions of Sale and
by any Order of Court in relation to the
matter.
8. COMMISSION
AND AUCTION FEE:
On the sale of a Lot commission
shall be paid to the auctioneer at the
rate of 1.5% of the sale price to be paid
by the vendor and the rate of 6% of the
sale price to be paid by the purchaser.
A similar charge 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 the Auctioneers in
respect of any Lot returnable and/or returned.
V.A.T. at 4.8% to be charged on all purchasers except
(1) The Purchaser is from an E.U. country and is
registered for V.A.T. (V.A.T. number must be given
to Goresbridge Horse Sales); (2) The Purchaser is
from a non-E.U. country. (Proof of shipment must be
given to Goresbridge Horse Sales).
9. VETERINARY PANEL:
Entries can be sold as they stand, subject to Veterinary
Examination or with a Veterinary Certificate which
must be from a member of the GORESBRIDGE
VETERINARY PANEL (no other veterinary certificate
will be accepted). Vendors must directly contact
a panel member no later that 21 days prior to sale
to arrange examination. All unsold animals must be
removed from the sales complex as stables are required
for next day's sale.
Withdrawn lots should be made known to the Auctioneers.
The purchaser of Lots sold with Veterinary Certificates
or Subject to Veterinary Examination will have the
right, within 30 minutes of the fall of the hammer,
to request;
A Veterinary Examination by a member
of the panel at the sale complex on the day of sale
and/or A blood analysis, to detect pain killing,
anti-inflammatory or performance altering drugs.
If the result is positive the animal is returned
and the Vendor shall be barred from all future performance
sales.
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