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CONDITIONS OF SALE
CONDITIONS OF SALE
or are not announced without qualification at the Sale. In these cases, the Sale may be cancelled at the discretion of the Purchaser. 12.1.1 T he Lot is not registered with a Stud Book Authority approved by the International Stud Book Committee. 12.1.2 T he pedigree or description of the Lot does not correspond with the pedigree or description as stated in the catalogue. 12.1.3 T he Lot has run at an unrecognised meeting or is on the forfeit list maintained by a recognised Turf Authority. 12.1.4 The Lot is described as a Colt and does not at such time have both testes palpable (this provision is to apply only to any horse offered for sale after 1st July of their yearling year) and may be so described by the auctioneer, or on the bid board, as a rig. 12.1.5 The Lot is described as unbroken and should have more properly been described as broken prior to the sale. 12.1.6 The Lot is described as untried
Vendor and the Purchaser. Goffs may have the Lot examined by their appointee and where the opinion of their appointee does not agree with the opinion of the Purchaser’s appointee as expressed in their certificate furnished, then the opinion of the Goffs appointee shall prevail and shall be final and binding on the parties. incurred by such adjudication as well as the transport and keep cost of any Lot shall be paid by the Party found to be in error. risk remains with the Purchaser throughout any complaint and only passes back to the Vendor when both parties are notified of Goffs decision to cancel the sale (if appropriate). responsibility to transport the lot at their cost within five days to a referee in the United Kingdom, Ireland or France as appointed by Goffs. 11.6 N o Lot may be returned for the reasons set out in Condition 12 if it has raced following the Sale. 12 LOTS RETURNABLE 12.1 T he Complaints Procedure set out in 11 above will only apply if the information in 12.1 below is not stated in the catalogue or announced at the Sale or if the Conditions in 12.2 and 12.3 below are not declared in the Catalogue 11.3 A ll expenses and charges 11.4 F or the avoidance of doubt 11.5 It will be the Purchaser’s
the Racecourse Stables and will not be held liable for any loss or injury to a horse whilst being moved.
female Lot born after the date of a sale. (e) N othing in these Conditions shall preclude Goffs and/or the Vendor of a Lot from pursuing all legal remedies available to them for the recovering of the Purchase Price from a defaulting Purchaser and all expenses and damages and commission lost resulting from such default. from the Sales Complex until a written release form in the form of a pass-out has been issued by Goffs. 10.12 G offs may at any time, without notice, set off any liability of a 10.11 G offs will not release any Lot Debtor (including but not limited to the outstanding purchase price of any Lot) against any liability of any Associated Company to the Debtor (whether any such liability is present or future, actual or contingent, liquidated or unliquidated and irrespective of the currency of its denomination) and Goffs may for such purpose convert or exchange any currency. 10.13 Any exercise by Goffs of its rights under Condition 10.12 shall be without prejudice to any other rights or remedies available to Goffs under these Conditions or otherwise. 10.14 Goffs reserve the right to move a horse from its stable if it has not been removed within the specified time stated in the catalogue. Goffs may be required to move a horse by transport to
11-13. Disputes Procedure 11 COMPLAINTS PROCEDURE The Complaints Procedure applies only in the circumstances set out in Condition 12 below. For the avoidance of doubt, the clinical examinations in Condition 4 above do not apply to this Condition 11 as those examinations must be dealt with on the day of (or the day following) the Sale by The Panel. 11.1 A Purchaser wishing to invoke this Condition must do so by informing Goffs in writing (as per Condition 16) by 5.00pm on the seventh calendar day after the Lot was purchased (third calendar day in the case of Conditions 12.1.5 & 12.1.6) giving specific details of their complaint, supported by a certificate signed by an independent veterinary surgeon (or independent professional rider in the case of Conditions 12.1.5 & 12.1.6) 11.2 T he complaint shall be dealt with by Goffs, or their appointee, which may be a veterinary surgeon or professional/ international rider or other deemed appropriate by Goffs at such time, at such place and in such manner as Goffs deems appropriate. The decision of Goffs on the complaint, shall be final and binding on both the
and has been tried prior to Sale in the opinion of Goffs or their appointee. A Lot will be deemed tried if it:
(a) Has run in any race. (b) H as been catalogued in any previous Breeze-Up Sale. (c) H as appeared on any published Trainer’s or Permit Holder’s List. (d) H as been galloped “upsides” prior to Sale.
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