44 CONDITIONS OF SALE
45
CONDITIONS OF SALE
must have a bit in their mouth at all times on Goffs premises. 14.5 If any Lot is ridden at any time in conjunction with the Sale, the rider must wear a BHA approved helmet and body protector, and it shall be the responsibility of the Vendor or Purchaser to ensure that they, their employees or agents, adhere to this Condition. 15. General 15.1 G offs reserve the right to add, cancel, alter or otherwise modify these Conditions of Sale. 15.2 T hese Conditions of Sale form
(f) Is a wobbler. (g) Has been unnerved. 12.3 A ny Lot (other than a foal, a filly sold with a breeding certificate only, or a broodmare that has previously been covered), which has been tubed or otherwise operated on for unsoundness in wind; (Operations to treat the displacement of the soft palate, including the operations tie forward, cautery of the soft palate, trimming of the soft palate and myectomy are not operations for the correction of unsoundness in wind within the meaning of this Condition). sale of any Lot in accordance with these Conditions of Sale shall be a dispute between the Vendor and the Purchaser and in no circumstances shall Goffs be liable to either party in connection with such dispute. 13.2 W here Goffs are brought in as a 13 DISPUTES 13.1 A ny dispute arising out of the party to any dispute despite 13.1 above, Goffs will be entitled to payment of their legal and other expenses on a full indemnity basis from the party who joins them in. 14. Safety 14.1 E very person on Goffs premises before, during or after the Sale shall be deemed to be there at their own risk and shall have no
12.1.7 The Lot is the subject of a
claim against Goffs in respect of any injury sustained or any loss or damage to property which may occur from any cause
Starting Stalls Test as ordered by the Stewards of the BHA/I.H.R.B. 12.1.8 T he Lot is a Broodmare/Filly which has been covered and/or subsequent to any covering has slipped the foal. 12.1.9 The Lot is subject to a BHA Non Racing Agreement (NRA1 form) 12.1.10 The microchip number, markings
whatsoever save that nothing in this sub-clause shall be taken to exclude or restrict liability for death or personal injury arising from Goffs’ negligence. 14.2 G offs accept no liability for any, disease, accident, loss or fatal or non-fatal injury caused to a Lot (including death, theft or injury) or caused by any Lot while it is being moved by Goffs employees, agents or subcontractors between yards and Goffs Premises or at any time whilst it is on Goffs Premises, or at any time when being transported by a transport Provided always that nothing in this sub-clause shall be taken to exclude or restrict Goffs’ liability at law for death or personal injury to persons arising from Goffs’ negligence. 14.3 A ll Lots must wear a head collar at all times on Goffs premises company appointed by Goffs between Goffs Sales Complex and any outside standing. Where a Vendor is found to have left a Lot without a head collar after the Sale, Goffs will supply a head collar at the Vendor’s expense. 14.4 A ll lots being exercised or being shown to prospective purchasers,
or vaccinations for the Lot do not correspond to the
microchip number, markings or vaccinations provided for the Lot by the Vendor prior to the Sale.
12.2 A ny Lot which: (a) Is a wind-sucker, (i.e. frequently swallows air whether in association with grasping fixed objects with incisor teeth or not; a crib-biter is not returnable unless the crib-biting is associated with wind-sucking, in which case the Lot is returnable as a windsucker). (b) H as been operated on for the correction of wind-sucking as defined above. (c) Is a weaver; (i.e. frequently swings its head and neck to and fro and transfers weight from one forelimb to the other alternately). (d) Is a boxwalker (i.e. frequently walks either backwards and forwards or round and round the box repeatedly in an aimless manner). (e) H as impaired vision or injury to the eye.
the entirety of the agreement between Goffs, the Owner, the Vendor and the Purchaser and no variation shall be valid or binding
unless specifically authorised in writing by two Executive Directors of Goffs. 15.3 T hese Conditions of Sale are
to be construed and shall take effect in accordance with English Law. the Purchaser agree for the exclusive benefit of Goffs that these Conditions of Sale shall be subject to the non-exclusive jurisdiction of the Courts of England and Wales and, for such purpose, irrevocably submit to the non-exclusive jurisdiction of those Courts.
15.4 T he Owner, the Vendor and
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