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CONDITIONS OF SALE
CONDITIONS OF SALE
the said Lot. If the Vendor fails to comply with these instructions the Sale may be cancelled at the discretion of the Purchaser. 5.4.6 If after one hour from the delivery of the Lot to the designated holding area a sample has not been taken from the said Lot (notwithstanding that The Panel have used such reasonable endeavours as are commensurate with the circumstances) the Sale may be cancelled at the Purchaser’s discretion. 5.4.7 G offs shall exercise its absolute discretion in making a decision under Condition 5.4. Goffs decision shall be final and binding on both Vendor and Purchaser and Goffs shall not be responsible for any loss or expense incurred by any party arising out of its decision. acknowledges that, although there are other methods of testing for Piroplasmosis, a Lot is only returnable to the Vendor if it is decided by Goffs that the sample taken from a Lot and tested using the Prescribed Test contains the specified levels of either Theileria equi or Babesia caballi. The Purchaser further acknowledges that the presence of either Theileria equi or Babesia caballi in the sample at levels below the specified levels is not a ground for return of a Lot to the Vendor, in which instance the Purchaser shall be bound to keep and pay the full amount of the purchase price for the Lot. 5.4.8 T he Purchaser expressly
hour or Purchase in the Sales Office. 5.4.3 A list showing the specified levels for Theileria equi and Babesia caballi is available upon request made to Goffs and Purchasers and Vendors are advised to check the current specified levels before purchasing or entering a Lot for sale. 5.4.4 A blood sample will be taken from the Lot where the Purchaser instructs Goffs to do so immediately after purchase of the Lot by signing to this effect on the Acknowledgement of Purchase Form supplied by Goffs for the purpose of this Condition and to have the sample tested for the presence of Piroplasmosis. The Purchaser shall be responsible to Goffs for the costs and expenses of taking and testing the sample unless the said sample is found to be positive in accordance with Condition 5.4.2 in which event the Vendor shall be responsible for such costs and expenses. (For the avoidance of doubt, any sample not found to be negative shall be deemed to be positive). Failure to request a test for Piroplasmosis under this Condition will be an absolute bar to the Purchaser returning the Lot under this Condition. Condition 5.4.4 is received 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 5.4.5 W hen an instruction under
such transport, and any other reasonable costs incurred by the Purchaser in connection with this Lot subject to Condition 5.3.5. acknowledged receipt of the Purchaser’s notice in accordance with Condition 5.3.9(a) hereof Goffs shall give notice to both Vendor and Purchaser that the Contract of the Sale in respect of the said Lot has been cancelled. Purchaser’s risk in all respects from the fall of the hammer until notice is given by Goffs in accordance with Condition 5.3.9(b) hereof. For the avoidance of a doubt, in any case where Goffs has been given such notice the Lot is thereafter at the risk of the Vendor. (d) If the Purchaser has elected to (b) U pon Goffs having (c) T he Lot shall be at the 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 for taking the sample, having it analysed 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.
5.3.10 G offs shall have the right to
retain and use and/or destroy any blood sample taken from a Lot for any purpose under these Conditions of Sale and shall not be required to make any such blood sample available to a Purchaser or Vendor.
5.4 PIROPLASMOSIS 5.4.1 T his Condition stands alone and is separate and distinct from Condition 4 and applies to any Lot described as a yearling (after 1st July of its yearling year) or older: 5.4.2 W here a Lot is described without qualification as positive for Piroplasmosis in a certificate signed by an independent qualified 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. Where a Lot is not so described, the Lot shall be returnable to the Vendor in accordance with this Condition where Goffs decides in its absolute discretion that a blood sample taken from the said Lot in accordance with this Condition and tested for Piroplasmosis under OIE Protocol using a Piro IFAT test (“the Prescribed Test”) contains the specified levels of either Theileria equi or Babesia caballi. A Purchaser may request a C- Elisa Test, in addition to the Prescribed Test, provided that this request is made within one
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