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CONDITIONS OF SALE
CONDITIONS OF SALE
read out the Purchaser may elect to return the Lot to the Vendor providing such election is made to Goffs by 5pm on the seventh calendar day after the Purchaser was notified by Goffs of the result. sample taken by or on behalf of a racing authority in connection with such race the Vendor undertakes to notify Goffs as soon as practicable if such racing authority has notified the Vendor or any person who has acted as their agent, trainer and/or handler that any such sample has tested positive for the presence of any Prohibited Substance. If any such sample has tested positive for the presence of any Prohibited Substance and this has not been disclosed in writing to Goffs prior to the date of the sale of the Lot with permission for Goffs to disclose same prior to any sale then any Purchaser shall be entitled, within 14 days of being notified of a positive test as aforesaid, to cancel such sale and return the Lot in accordance with Clause 5.3.9 below. return a Lot in accordance with this Condition, Goffs shall notify both parties that the Sale is cancelled, and the Lot will be at the Vendor’s risk from such time that they are notified. The Vendor must arrange for the Lot to be collected, and pay for any
Vendor shall be responsible for such costs and expenses. Failure to request a drug test under this Condition will be an absolute bar to the Purchaser returning the Lot under this Condition. request under Condition 5.3.3 the Vendor shall immediately deliver the Lot to a designated holding area in accordance with Goffs’ instructions where a member of The Panel will take a sample from the said Lot. If the Vendor fails to comply with these instructions the Sale may be cancelled at the discretion of the Purchaser. Goffs to take and test a blood sample the said Lot shall not be removed from the United Kingdom or Ireland and if they do so, or if the Sale is cancelled as per 5.3.8, the Purchaser shall be liable for the costs of returning the Lot back to the Vendor in the event of a Purchaser electing to return the Lot in accordance with a right to do so under this Condition. 5.3.6 If after one hour from the delivery 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. 5.3.7 W here a blood sample is found to contain Prohibited Substances other than those certified and 5.3.4 W hen a Purchaser makes a 5.3.5 W here a Purchaser instructs
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. 5.3 PROHIBITED SUBSTANCES (other than Anabolic Steroids and Bisphosphonates (see Condition 5.1)) 5.3.1 T his Condition stands alone and is separate and distinct from Condition 4 and applies to all Lots from yearlings (sold after 1st July) upwards with the exception of mares that have previously been covered by a stallion. 5.3.2 W here Prohibited Substances are referred to in a certificate signed by an independent veterinary surgeon and read out by Goffs at the time of the Sale the Condition will apply but the Lot shall not be returnable to the Vendor unless other Prohibited Substances than those certified and read out are present. 5.3.3 A Purchaser may ask for a blood sample to be taken from a Lot for the purpose of testing for Prohibited Substances when signing the Acknowledgement of Purchase Form in accordance with Condition 9.5. The Purchaser
from the fall of the hammer until notice is given by Goffs in accordance with Condition 5.2.10(a) above. For the avoidance of a doubt, in any case where Goffs has been given such notice the Lot is at the risk of the 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. 5.2.11 T he Vendor and Purchaser for taking the sample, having it analysed under the sole and absolute authority and instruction 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 and accept that the BHA may use any information obtained in connection with their analysis of
5.3.8 W here a Lot has run at a race meeting prior to the date of the sale and has had a blood
5.3.9 W here a Purchaser elects to
shall be responsible to Goffs for the costs and expenses of taking and testing the sample unless the said sample contains Prohibited Substances other than those certified and read out and the sale is cancelled under this Condition, in which case the
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