Page 133 - Monart Sale 2019

(a) Any Lot which is a habitual wind-sucker, weaver or box walker or has been Nerved 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 Conditions 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 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 com- plaint 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 them nominate a Veterinary Surgeon or other expert to investigate the purchasers contention and the decision of such Veterinary Surgeon or other expert to investigate the purchasers contention and the deci- sion 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 the4 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 PROCEDURES
All veterinary examinations will have taken place prior to sale. All lots will be sold with a ‘Certificate of Veterinary Examination of a Horse Prior to Sale at Auction’ from members of our veterinary panel headed by Marcus Swail. The panel’s decision shall be final and binding on all parties. All lots in this sale will be sold with a set of digital X-Rays taken by members of the Monart Sale Veterinary panel and will be available for purchasers to inspect prior to sale.
5. BLOOD TEST
All horses will have blood taken & stored for prohibited substances at the time of the pre-purchase examination.
Purchasers will have the right, within 30minutes of the fall of the hammer, to request a blood analysis, to detect prohibited substances.. If the result is positive the animal is returned and the Vendor shall be barred from all future sales.
6. PAYMENT
Payment to Vendors or their authorised Agents, will be made up to 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 purchaser to the mutual benefit of the Vendor and Pur- chaser. 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 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 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 an 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 full rate of 4.0 % of the sale price to be paid by the vendor and the rate of 8% 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.
Vat is 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 The Monart Sale); (2) The Purchaser is from a non-EU country. (Proof of shipment must be given to The Monart Sale.)