the time of posting of the cheque by Go!s and all payments are sent at the risk of the Vendor and Go!s will incur no liability to any party as a result of the non-delivery of the cheque to the Vendor. dispute has arisen between the Vendor, the Owner, the Purchaser and/or any third party making any claim in relation to the Lot, or where there are competing claims for payment, Go!s may refuse to make payment to the Vendor pending resolution of the dispute. In exercising this right, Go!s will incur no liability to any party, and no interest shall be payable by Go!s on any sale proceeds retained. 3.11 When the Owner of a Lot is a partnership or a syndicate and one or more member(s) of that partnership or syndicate is the Purchaser, Go!s reserve the right to withhold payment on that Lot until the Purchase Price has been received, in full, from the Purchaser. 3.12 The Vendor shall indemnify Go!s 3.10 In the case of any Lot where a in respect of any loss, or liability su!ered or costs disbursements or expenses incurred bona fide by Go!s by reason of bringing or defending any proceedings which arise directly or indirectly from any breach of these Conditions of Sale by the Vendor or in relation to the sale of the Lot. BASIS OF SALE 4.1 There is no term implied that any 4. Lot is of merchantable quality or is fit for any particular purpose. Any term, condition or warranty that might be incorporated into or apply to these Conditions of Sale are excluded to the maximum extent permissible by applicable law. It is the responsibility of the Purchaser to ensure that he is satisfied with the condition of any Lot before bidding. Additionally, a Purchaser must make their own enquiries and exercise their own judgement as to the value of a Lot.
3.5 A Vendor or any one person on their behalf may bid for any Lot owned by such Vendor. Where a Lot is stated to be “the Property of a Partnership” or “to Dissolve a Partnership” any partner, syndicate member, co-Owner or other person interested may bid on their own behalf either personally or through an agent. 3.6. If the lot is a foal aged less than five months, the Vendor undertakes to keep the Lot with the mare, at the Vendor’s expense and at the Vendor’s risk, until the Lot has reached the age of five months, when Condition 3.7 will apply. 3.7. If the Lot is a foal aged five months or over, the Lot may be collected by the Purchaser at the Vendor’s premises, subject to Condition 3.8. 3.8 Go!s will issue the Vendor a confirmation of sale, allowing the Vendor to release the horse to the Purchaser from the premises where it has been stabled, subject to 3.7 above. In the event of Go!s not receiving payment for the Lot from the Purchaser within seven days of the Sale, Go!s reserve the right to cancel the Sale and Go!s shall not be liable for any payment to the Vendor in respect of the Sale Price nor any costs associated with presenting the Lot at the Sale. 3.9 Upon receipt of a single written following the delivery of the foal to the Purchaser at the Vendor’s premises. Go!s are not under any obligation to place the sale proceeds on deposit prior to the Vendor’s Application for Payment. Unless otherwise instructed by the Vendor, Go!s will issue payment to the Vendor by way of electronic bank transfer or cheque posted by ordinary post to the address provided by the Vendor on the application from the Vendor, Go!s will pay to the Vendor the Sale Price of each Lot sold not earlier than seven days Application for Payment. Payment to the Vendor in this manner will be deemed to have been made at
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