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CONDITIONS OF SALE
CONDITIONS OF SALE
those certified and read out in which event the Vendor shall be responsible for such costs and expenses. Failure to request a drug test under this Condition
other testable material from any Lot, other than those described in Condition 5 shall be used as reason for the return of any Lot.
by the Vendor and is deemed to be a Private Sale and shall be subject to the Conditions of Sale. Such transactions must be finalised in writing on a Private Sale Form signed by the Vendor, the Purchaser and an authorised representative of Goffs. For the avoidance of doubt, this includes any Sale conducted online. The terms of Condition 9 below will apply to the Purchaser. 7.2 W here Goffs accepts the transfer of a Lot from the Purchaser to a third party (the New Purchaser), the appropriate Private Sale Form must be completed in the Sales Office. The terms of Condition 9 below will apply to the New Purchaser. 7.3 Any Private Sale is subject to the terms outlined in the Basis of Sale (Condition 4) and the Re-Examination Procedure (Condition 4.2). 7.4 Any Private Sale may also be tested for Prohibited Substances and Piroplasmosis as outlined in Conditions 5 - 5.4, provided that the Purchaser requests a test by signing to this effect on the Private Sale Acknowledgement of Purchase Form supplied by Goffs. It is the Vendor’s responsibility to present the Lot to the Panel for testing as instructed by Goffs, subject to Condition 8.3 below. The Purchaser 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
5.4.9 W here a Purchaser instructs 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, 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. 5.4.10 W here a sample is found to be positive 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. 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. The Vendor must arrange for the Lot to be collected, and pay for any such transport, and any other 5.4.11 W here a Purchaser elects to reasonable costs incurred by the Purchaser in connection with this Lot subject to Condition 5.4.9.
will be an absolute bar to the Purchaser returning the Lot under this Condition. 7.5 T he Complaints Procedure set out in Conditions of Sale 11 and 12 will apply to a Private Sale if any condition listed in Condition of Sale 12 is not stated in the Catalogue or is not declared by The Vendor at the time of signing the Private Sale Form. For the avoidance of doubt, this declaration at the time of signing the Private Sale Form is required regardless of whether the condition was announced by the Auctioneer at the time the Lot was offered for sale in the ring. 7.6 Where a Purchaser is disputing their obligation to pay for any Lot pursuant to a Private Sale then Goffs may withhold payment to the Vendor pending resolution of the dispute or where Goffs has made payment to the Vendor then the Vendor shall repay to Goffs, on demand any payment made to the Vendor by Goffs in respect of the private Sale. 8. Passing of Risk and Title 8.1 T he Lot will be at the Vendor’s risk at all times until the fall of hammer (or time of sale if sold privately) when the risk shall pass to the Purchaser subject to 8.2 and 8.3 below. If Goffs
6. Engagements 6.1
A Lot is sold with engagements as given in the Catalogue, or announced at the time of Sale. Goffs however, accept no responsibility for engagements given or omitted. It will be the sole responsibility of the Vendor to ensure that the relevant documentation is completed and lodged with the Authority in question, but of the Purchaser to cancel any race entry if a forfeit applies. A Declaration of Forfeit for UK engagements must be made to Weatherbys and for Irish engagements to Horse Racing Ireland. warrant that a Lot is eligible for participation in the Great British Bonus or any other breeders’ scheme whether European or American notwithstanding that a statement to that effect or so implying may have been included in the Catalogue or made from the Rostrum. 7. Private Sales and Transfers 7.1 A ny sale concluded between a Purchaser and a Vendor within 28 calendar days following the last day of the Sale at which the Lot was unsold or bought in 6.2 In particular Goffs do not
5.5 FURTHER SAMPLING 5.5.1 N obody may remove a sample of
hair, blood or any other testable material from any Lot while on Goffs Premises, without specific permission from the Vendor. No sample of hair, blood, urine or
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