Page 132 - Monart Sale 2019

Notice to Buyers and Seller:
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 the rights and the procedures and time limit to be completed with in the event of complaint or dispute.
CONDITIONS OF SALE
The sale will be managed by a registered and licensed Auctioneer and every effort is made to ensure compliance with all relevant legislation
Definitions:
“The Auctioneers” shall mean The Monart Sale 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 sales 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 offer for sale by The Monart Sale.
“Sales Complex” means any premises being permanent, temporary or otherwise used by the Auctioneers in any Sales.
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1. The Monart Sale, 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 any 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 dis- solution of a partnership.
(iv) Any Lot in the Auctioneers Sales Complex for the purposes of sale or other wise shall be 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 the hammer or time of sale if sold privately. In the event that the purchasers exercises the right or re-examination in accordance with Condition Number 4 sub-section
(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 the 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 the 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 Purchase 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 made good by the defaulting purchaser and in default of a payment it shall be recoverable from the Purchaser as liquidated damaged. The Auctioneer 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 fore-going 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 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 may 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 the 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,