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CONDITIONS OF SALE
CONDITIONS OF SALE
circumstances the contract of sale shall stand and the Purchaser be bound to keep and pay the full purchase price for the Lot. 5.1.8 G offs shall not be required to pay the Sale Price to the Vendor until the period during which the Purchaser may cancel the Sale in accordance with Condition 5.1.9(a) below has expired and such an election has not been made. 5.1.9(a)If it is found that the “A” sample contains an Anabolic Steroids in the Specified Concentration and/ or any Bisphosphonates, the Purchaser may elect to return the Lot to the Vendor. Such an election must be notified to Goffs in writing by 5pm on the seventh calendar day after the Purchaser was informed of the result by Goffs. Where a Purchaser elects to return a Lot in accordance with this Condition Goffs shall notify both parties that the contract of sale is cancelled and the Lot will be at the Vendor’s risk from such time that they are notified and the Vendor must arrange and pay for any transport, keep and any other costs incurred by the Purchaser in connection with this Lot. Purchaser’s risk in all respects from the fall of the hammer until notice is given by Goffs in accordance with Condition 5.1.9(a) above. For the avoidance of a doubt, in any case where Goffs has been given such notice the Lot will be at the risk of the (b) T he Lot shall be at the
has not been taken from the said Lot (notwithstanding that The Panel has used such
Vendor from that point. (c) If the Purchaser has elected to return the Lot to the Vendor in accordance with this Condition the Vendor Shall: (i) p ay Goffs on invoice a sum equivalent to the commission that would be payable under these Conditions of Sale had the contract of sale not been cancelled by the Purchaser. (ii) p ay Goffs on invoice its charge of the BHA and making and giving decision under this Condition. (iii) indemnify Goffs against all costs, claims, demands, actions and expenses out of or in connection with its decision under this Condition. 5.1.10 T he Vendor and Purchaser hereby acknowledge and agree that Goffs is entitled to provide to the BHA any sample taken from the Lot in accordance with this Condition for analysis under the sole and absolute authority and instruction of the BHA together with their details and understand for taking the sample, having it analysed under the sole and absolute authority and instruction
testing for Anabolic Steroids and Bisphosphonates when signing the Acknowledgement of Purchase Form in accordance with Condition 9.5. The Purchaser shall be responsible to Goffs for the costs and expenses of taking and testing the sample unless the sale is cancelled under this Condition, in which case Condition 5.1.9(c) will apply. Failure to request a blood analysis under this Condition will be an absolute bar to the Purchaser returning the Lot under this Condition. Where a blood analysis is requested the Lot shall not be removed from the United Kingdom and Ireland. If a Lot is so removed and the Purchaser elects to return the Lot in accordance with this Condition, the Purchaser shall be liable for the costs of returning the Lot back to the Vendor. 5.1.4 W hen a Purchaser makes a request under Condition 5.1.3 the Vendor shall immediately deliver the Lot to a designated holding area in accordance with Goffs’ instructions. If the Vendor fails to comply with these instructions the sale may be cancelled at the Purchaser’s discretion. 5.1.5 W hen the Lot has been delivered to the holding area designated by Goffs, a member of The Panel will take an “A” sample and a “B” sample of blood from the said Lot. 5.1.6 If after one hour from the delivery
reasonable endeavours as are commensurate with the circumstances) the Sale may be cancelled at the Purchaser’s discretion. 5.1.7 T he “A” sample will be analysed by a third party at the direction of the BHA and the results of that analysis will be communicated to the Vendor and the Purchaser via Goffs. The Vendor and Purchaser expressly acknowledge that subject to Condition 5.1.6, a Lot is only returnable to the Vendor under this Condition if it is found that the “A” sample contains Anabolic Steroids in the Specified Concentration and/ or any Bisphosphonates. In that event, the Purchaser may elect to return the Lot to the Vendor in accordance with Condition 5.1.9(a) below. The Vendor and Purchaser acknowledge and accept that although an “A” and “B” sample will be taken from the Lot in accordance with Condition 5.1.5 regard shall not be had to any analysis of the “B” sample for the purpose of this Condition. Where a sample taken from the Lot in accordance with this Condition is damaged, lost or stolen after the Lot has left the designated holding area or is otherwise incapable of being satisfactorily analysed for the purpose of this Condition the Vendor and Purchaser hereby expressly agree that in such
and accept that the BHA may use any information obtained in connection with their analysis of the sample for the purpose of exercising its powers under the Rules of Racing as published by the BHA and as amended from time to time.
of the Lot to the designated holding area a blood sample
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