YORK STANDARDBRED HORSE SALES AUCTION, CONDITIONS OF SALE

1. ENTRY

(1) A horse shall be entered for a sale on Completion of an Entry Form by or on behalf of the Seller and upon payment to the Auctioneer of the prescribed entry fee.

(2) In the event that the Seller wishes to place a reserve on a lot, the amount of the reserve must be specified on the entry form.

(3) The Seller warrants to the Auctioneer and to the Buyer that on the day of the Sale, the horse when described as vaccinated will have been properly vaccinated and will have no contagious or infectious diseases.

2. COMMISSIONS AND CHARGES

(1) An entry fee of £55.00 will be charged per horse entered.

2. CATALOGUE DESCRIPTION

(1) The Auctioneer accepts no responsibility for the accuracy of any particulars of a lot given in the catalogue. The Seller is solely responsible for any catalogue description of a Lot.

(2) Upon receipt of a catalogue, the Seller undertakes immediately to check the accuracy of the relevant catalogue description of the lot and to notify the Auctioneer immediately in writing of any correction, amendment or addition that needs to be made to the catalogue description.

(3) The following words have the following meanings when used in a catalogue description: (i) Unbroken - must be quiet to lead and to halter.

(4).BROODMARES.

(i) All broodmares certified in foal by veterinary documentation, or, warranted in foal by the seller must submit a covering certificate for the current year along with a veterinary scan taken within 28 days of the sale.

(i) A Seller may sell a broodmare with a scanning certificate but only a scanning certificate dated within 4 weeks of the sale will constitute a warranty of the pregnancy. (ii) A veterinary certificate confirming the mare's pregnancy will also warrant a mare in foal.

(ii) A Seller may warrant a mare in foal if he wishes without a scanning or veterinary certificate as in (i) and (ii).

If a warranty is given to a mare's pregnancy the Buyer has the opportunity to return the mare to the seller but the buyer must inform the Auctioneers in writing together with a veterinary certificate stating the mare is barren within 14 days of the Sale. No compensation will be levied on the seller in these circumstances.

(iii) Any surgical intervention such as stitching, caslicks etc required by breeding a mare/filly must be declared by the vendor.

(5) The authenticity and accuracy of each entry's passport is the sole responsibility of the vendor. Any inaccuracies that may occur should be dealt with between the vendor and purchaser.

(6) The Auctioneer may amend or add to any catalogue description during the course of a Sale and may declare a Sale to be subject to veterinary examination or not during the course of a Sale, in which event any announcement by the Auctioneer takes precedence over any entry in the catalogue.

3. CONDUCT OF THE SALE

(1) The Auctioneers may at their absolute discretion :( a) Refuse to accept any bid or bidder.

(a) Regulate the bidding as the Auctioneer sees fit. (c) Arrange, consolidate or withdraw any Lot.

(b) Cancel or postpone a Sale on account of bad weather or other supervening causes. In the event that a Sale is cancelled, moved or rearranged the Auctioneer shall not be liable to pay compensation to any Seller, Bidder or any other party.

(2) The Seller reserves the right to bid through the Auctioneer acting as the Seller's agent.

(3) The Buyer shall be the highest bidder. In the event of a dispute between two or more bidders as to which is the Buyer, the Auctioneer shall have the right to declare the Buyer or at the Auctioneers discretion to immediately re-offer the disputed Lot for sale.

(4) The Buyer shall immediately on the fall of the hammer inform the Auctioneer of the Buyers name and address and provide any proof of identity that the Auctioneer may require. Failure in this respect entitles the Auctioneer immediately to offer the Lot for re-sale and the original Buyer shall be liable to make good any difference in price to the Seller.

(5) Any Buyer bidding as agent for the Principal shall be deemed to have bid on his own behalf as well as on behalf of his Principal and the highest bidder shall be personally liable along with the Principal to the Seller.

4. PAYMENT

(1) The Auctioneer, at the Auctioneer's discretion, may require the Buyer to pay a deposit of 20% of the price of the horse immediately following the Sale.

(2) The Purchaser shall pay the Auctioneer in full for the price of the horse by 5.00pm on the day of the Sale. Payment in full in this context may include the tender of a cheque in the full amount although the Auctioneer in the Auctioneer's discretion may refuse such a cheque in which event the Buyer must tender payment in some other manner.

(3) The Sales secretary shall pay the Seller the price of the horse within 21 days of the date of the Sale, provided that:-

(i) The auctioneer has been paid in full for the price of the horse by the Buyer any cheque tendered by or on behalf of the Buyer having cleared: and

(iI) The Buyer has not initiated the Complaints Procedure set out below:-

In the event that the Buyer has initiated the Complaints Procedure, the Auctioneer shall retain the price of the lot pending the outcome of the Complaints Procedure

(4) If a Buyer fails to make payment in full for a Lot, the Auctioneer may resell the Lot

and the Buyer shall be liable for any shortfall in price.

5. DELIVERY AND RISK

(1) Horses sold as they stand or without Veterinary Examination instruction from the Buyer, shall be at the risk of the Buyer from the fall of the hammer.

(2) All other horses shall remain at the risk of the Seller until the issue of an acceptable Veterinary Certificate whereupon risk shall pass to the Buyer.

(3) The Seller shall deliver the horse to the place of the Sale and shall provide the horse with adequate fodder for one night and shall provide the horse with a serviceable halter. In the event that the Seller fails to provide the horse with a serviceable halter, the Auctioneer may provide the horse with a halter and charge the Seller for the same.

(4) Title in the horse shall not pass to the Buyer until the Buyer has made payment in full for the horse by means of cleared funds. Until payment in full (by means of cleared funds) is made, title shall remain with the Seller.

(5) The Buyer shall not be entitled to take delivery of the horse until payment in full for the horse has been made. The Auctioneer may at the Auctioneer's sole discretion allow the Buyer to take delivery of the horse upon the tender by the Buyer or on his behalf of a cheque in the full amount of the price.

(6) The Buyer, subject to payment in full, must take possession of the horse by 5.00 pm on the day of the Sale.

(7) In the event that a horse is not sold, the Seller shall take back the horse from the Sale premises by 5.00 pm on the day of the Sale.

(8) The Buyer authorises the Seller and the Auctioneer as agent for the Seller to enter upon the Buyer's land to take collection of any horse in respect of which the Buyer has taken delivery but for which the Buyer has not paid in full.

6. RETURNED HORSES

(1) Lots may be returned by the Buyer to the Seller if the Buyer of any Lot sold with a Pedigree establishes that the pedigree is inaccurate.

(2) Subject to Condition 8, Lots may be returned by the Buyer to the Seller in accordance with the Complaints Procedure if the Buyer establishes that the description given in the catalogue in respect of a horse is inaccurate.

(3) Lots may be returned by the Buyer to the Seller subject to the Complaints Procedure set out below if the horse:

(i) is a wind-sucker (Le. swallows air whether in association with grasping fixed objects with incisor teeth or not); a crib-biter is not returnable unless the crib biting is associated with wind sucking, in which case the Lot is returnable as a wind-sucker;

(ii) is a weaver;

(iii) exhibits box walking;

(iv) has been tubed, fired, unnerved or operated upon for unsoundness of any other kind;

(v) a male horse (other than a foal, a yearling before the 1" July of its yearling year) which does not have two testes fully descended to and fully palpable within the scrotum at the time of the sale is or shall be deemed to be a rig or cryptorchid;

(vi) is a shiverer;

(vii) fails to load on the sale day in a reasonable and acceptable way in a purpose constructed lorry or trailer.

and if the horse has not been described in the catalogue as such or verbally by the auctioneer at the time of sale.

7. SOUNDNESS

(1) All lots are sold as veterinary correct for the description in the catalogue. Lots must be free of Contagious Diseases and of any substance capable of affecting performance or soundness. No guarantees are given or implied as to Physical Defects e.g. splints, curbs, side bones, etc., unless they cause the Horse to be lame at the time of examination, or Patent Conditions that are unsightly, e.g. sarcoids, scars, blemishes providing they do not affect the health or usefulness of the Horse. The Auctioneer's Veterinary Surgeon will be in attendance to examine Lots on behalf of Purchasers at their expense. In the case of his findings that it does not comply with Warranties his decision will be binding on all parties and the Lot returnable.

(2) The purpose of the veterinary examination is to check the accuracy of the physical description of the horse given in the catalogue. The veterinary examination will not cover the matters referred to in condition 7(3) above, save that the veterinary examination will be conclusive in relation to the "potential" of the horse.

(3) At the end of the veterinary examination, the Veterinary Surgeon will provide the Buyer with a certificate stating that the horse does or does not comply with the physical description of the horse given in the catalogue.

(4) In the event that the veterinary certificate stipulates that the horse complies with the physical description given in the catalogue, this shall be conclusive as between Seller and Buyer.

(5) In the event that the veterinary certificate states that the horse does not comply with the physical description given in the catalogue, the Buyer shall not be liable to pay the price for the horse and is entitled to the return of any deposit that may have been paid by the Buyer.

(6) In the event that a Buyer fails to avail himself of a veterinary examination on the day of a Sale in the case of a horse sold subject to vet, the Buyer cannot thereafter make complaint of matters, which would have been covered by a veterinary examination.

8. LIABILITY OF THE AUCTIONEER

(1) The Auctioneer acts as agent of the Seller and the Auctioneer gives no warranties of any kind to the Buyer.

(2) The Auctioneer does not accept liability for:

(i) the description or pedigree of the horse given in the catalogue (H) the physical condition or performance of the horse sold.

(ii) the payment of the price by the Purchaser.

(iii) the return of any horse by the Purchaser to the Seller.

(iv) the administration of the Complaints Procedure beyond the appointment of an arbitrator in accordance therewith.

9. COMPLAINTS PROCEDURE

(1) The Buyer shall notify the Auctioneer if the Buyer claims to be entitled to return a horse to the Seller in accordance with condition 7 or for any other reason orally by 5.00 pm. on the second day following the Sale.

(2) The Buyer shall follow up this oral notification to the Auctioneer with written notification to the Auctioneer to be received by the Auctioneer within seven days from the date of the Sale. The written notification by the Buyer to the Auctioneer shall set out the grounds upon which the Buyer claims to be entitled to return the horse to the Seller.

(3) Where appropriate, the Buyer shall submit, along with his written notification, a veterinary certificate confirming any matters in respect of which complaint is made. The failure to submit a veterinary certificate in circumstances where such a certificate is appropriate will mean that the Buyer's complaint will not be further entertained and the Buyer shall pay the price for the horse in full.

(4) In the event that the Buyer fails to make oral or written notification of his complaint within the above timescales, the Buyer shall not be allowed to return the horse to the Seller but must make payment for the horse in full unless the Buyer can demonstrate to the satisfaction of the Auctioneer that it was not reasonably practicable for the Buyer to discover the complaint, and to notify the Auctioneer of the same, within the above timescales. However, in no circumstances whatsoever, may the above time limits be extended beyond a period of 14 days after the Sale.

(5) On receipt of a written complaint together, where appropriate, with a veterinary certificate, the Auctioneer shall send a copy of the complaint and the veterinary certificate to the Seller and the Auctioneer shall appoint a suitable person to act as Arbitrator. The task of the Arbitrator will be to examine and determine the complaint. The name of the person appointed by the Auctioneer to act as Arbitrator shall be notified by the Auctioneer to the Seller and to the Buyer. The Auctioneer shall thereafter have no further responsibility in respect of the Complaint Procedure.

(6) The examination and resolution of the complaint shall be under the control of the Arbitrator and the Seller and Purchaser shall comply with all directions that may be given by the Auctioneer in respect of the complaint.

(7)The Arbitrator may require, before proceeding to examine and determine the complaint that the Arbitrator's fees and expenses shall be paid in advance. The Seller and the Buyer shall thereupon each pay one-half of the sums stipulated by the Arbitrator.

(8) The Arbitrator may direct that the horse shall be subject to such trial as he may direct and the Seller and Buyer shall lend their full co-operation to such a trial.

(9) If either the Seller or the Buyer fail to comply with a direction of the Arbitrator or fail to pay any sum ordered to be paid by the Arbitrator, then the Arbitrator may at his own discretion decide not to proceed with the examination and determination of the complaint and may, if the Seller is in default, order that the horse be returned to the Seller or may, if the Buyer is in default, order that the Buyer pay the full price to the Seller.

(10) Upon the determination of the complaint, the Arbitrator may at his discretion order that the unsuccessful party pay to the other all the costs and expenses associated with the Complaints Procedure.

10. HARD HATS

Any person riding an animal on the Sale Premises must wear a hard riding hat of an approved European Standard.

11. SPECIAL CONDITIONS OF SALE

The Sale Catalogue may contain additional special conditions of sale which may prevail over the aforementioned.

IMPORTANT NOTE

ALL HORSES SOLD OR UNSOLD MUST BE REMOVED FROM THE STABLING AND SALES AREA BY 8.00pm ON THE SALE DAY.