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CONDITIONS OF SALE
CONDITIONS OF SALE
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 circumstances the contract of sale shall stand and the purchaser pay the Sale Price to the Vendor until the period during which the Purchaser may cancel the Sale in accordance with Condition 5.2.10(a) below has expired and such an election has not been made. 5.2.10(a) If it is found that the “A” sample contains any Bisphosphonates and/or Substances or Method Prohibited at all Times, 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. be bound to keep and pay the full purchase price for the Lot. 5.2.9 G offs shall not be required to
5.2 PERMANENT IMPORT TESTING 5.2.1 T he Rules of Racing require that a horse which is to be permanently imported to Great Britain shall have a sample collected and analysed to detect for the presence of Bisphosphonates and/or Substances and Methods Prohibited at all Times (as defined in Condition 5.2.3.2 below). This Condition shall only apply where Goffs has been notified by the BHA that the Lot requires to pass a BHA Import Test in order to be permanently imported into Great Britain to be trained and/or raced in Great Britain. A List of these Lots will be posted on the notice board in the Sales Office prior to and during the Sale. 5.2.2 T his Condition stands alone and Lots from yearlings (sold after 1st July), unless described without qualification as retired from racing prior to Sale. 5.2.3 A Lot shall be returnable by the Purchaser to the Vendor where, in accordance with this Condition, a sample of blood is taken from the said Lot, analysed and found to contain: 5.2.2.1 Bisphosphonates and/or 5.2.3.2 shows evidence of use of any method prohibited at all times under the Code or presence of a substance prohibited at all times under the Code in concentration equal to or greater than the minimum concentration is separate and distinct from Condition 4 and applies to all
by Goffs, a member of The Panel will take an “A” sample and a “B” sample of blood from the said Lot. 5.2.7 If after one hour from the delivery
relevant to the sex of the Lot set out in the Code and, where no minimum concentration for the substance relevant to the sex of the Lot is stated therein, in any amount (“Substances or Method Prohibited at all Times”). 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 5.2.10(d) 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 will apply. Failure to request a blood analysis under this 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. request under Condition 5.2.4 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. 5.2.6 W hen the Lot has been delivered to the holding area designated 5.2.4 A Purchaser may ask for a blood sample to be taken from a Lot when signing the 5.2.5 W hen a Purchaser makes a
of the Lot to the designated holding area a blood sample has not been taken from the said Lot (notwithstanding that The Panel has used such
reasonable endeavours as are commensurate with the circumstances) the Sale may be cancelled at the Purchaser’s discretion. 5.2.8 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 5.2.7 a Lot is only returnable to the Vendor under this Condition if it is found that the “A” sample contains any Bisphosphonates and/or Substances and Methods Prohibited at All Times. In that event, the Purchaser may elect to return the Lot to the Vendor in accordance with Condition 5.2.10(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 5.2.6 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
(b) T he Lot shall be at the
Purchaser’s risk in all respects
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