HORSES AND SADDLERY CONDITIONS OF SALE
1. Subject to the Auctioneers reserving the right
of refusing any bidding, the highest bidder
shall be the Purchaser, and should any dispute
arise as to the
last or highest bidding, the lot may be put up again at the last undisputed
bidding, or the Auctioneer may declare the
Purchaser.
2. The amounts of the biddings are to be regulated
by the Auctioneer, whose decision in all matters
shall be binding.
3. Immediately the Purchaser is declared, he shall
state his bidding card number or, alternatively,
his name and address, and shall pay a deposit of
25% of his purchase money or, if demanded, the
whole of his purchase money in cash on the fall
of the hammer, and his name shall be entered by
the Auctioneer or his assistant against the lot
or lots purchased by him, who (on behalf of the
Proprietors) is for the purpose of confirming the
contract, to be considered the joint Agent for
the Vendor and the Purchaser, and the entry so
made shall constitute the contract as between both
parties in accordance with these Conditions. Transfers
of purchases will not be recognised by the Auctioneers.
Cheques will not be accepted from Purchasers unknown
to the Auctioneers unless arrangements have been
made with the Auctioneers before 10.30 a.m. on
the day of sale. Prospective buyers wishing to
pay by cheque must be prepared to produce a banker’s
reference or cheque guarantee card for a sum to
cover their purchases. All lots must be paid for
on the day of sale.
4. The balance (if any) of the purchase money
in cash is to be paid before delivery of any lot
or lots and any deposit paid on one or more lots
may, at the discretion of the Auctioneers, be taken
to be a general deposit on account of the whole
lots purchased. All lots uncleared within one hour
of the conclusion of the sale shall be forfeited
to the Vendors, who shall be at liberty to resell
such lot or lots by public or private treaty without
notice to the first purchaser; and all deficiencies
and expenses incidental to, or occasioned by, such
first and second sales shall be made good by the
defaulter, and be recoverable as for liquidated
damaged.
5. The Vendor of any lot shall not bid for any
lot offered on his behalf except through the Auctioneers.
Each lot will be sold without reserve unless written
orders to the contrary are handed in to the Auctioneers
before the time of sale and all lots delivered
to the Auctioneers for sale and which shall be
sold by or on behalf of the Owner or by the Auctioneers
or other officer or employee of the Auctioneers
by private treaty previous to or subsequent to
the time of offering by auction, or bought in by
the Vendor, shall be liable to the full sale commission.
6. The description of each lot as described in
the catalogue or by the Auctioneer at the time
of sale (such description being in accordance with
that furnished by the Vendors), shall be binding
on the Vendor. In the case of any question arising
thereupon, the Vendor is alone to be considered
as personally responsible to the Purchaser, and
no claim shall be made nor proceedings taken against
the Auctioneers on account of any misdescription
or breach of warranty, they being Agents only,
and the name of the Vendor disclosed. For the purpose
of warranty, a horse sold by either of the following
descriptions shall, subject to any printed or verbal
qualification thereof which may be made prior to
the sale, be deemed to be sold with the benefit
of the following definitions:
QUIET TO RIDE shall imply that the animal may
be ridden by a reasonably experienced person on
its own, in company, and in traffic and is sound
in wind, eyes, heart and action.
GOOD HUNTER shall imply that the animal is ‘quiet
to ride’ (as above), has been hunted and
is capable of being hunted.
QUIET TO DRIVE shall imply that the animal is
quiet and capable of being driven in single harness
in and out of traffic and is capable of a reasonable
day’s work, being sound in wind, eyes, heart
and action.
It is a condition of warranty that all such warranted
animals are fully shod; shall be free from any
disease either infectious or contagious; that they
shall be free of vice(s) such as crib-biting, windsucking,
weaving, etc. (unless expressly excluded); and
that such animal has not been tubed, fired, un-nerved
or operated upon for unsoundness of any kind (unless
expressly excluded). Horses that have not been
ridden (or driven) recently should not be warranted.
The Auctioneers do not warrant ages or heights,
all such statement being the entire responsibility
of the Vendor. Any claim by the Purchaser under
the Trades Description or Misrepresentation Acts
for false or incorrect description will be made
directly by the Purchaser against the Vendor.
UNWARRANTED ANIMALS are sold as seen and are taken
with all faults and vices whether described or
not and cannot be returned under any circumstances.
7. Complaint Procedure
If any Purchaser considers he has grounds to complain
under any of the above warranties, then the following
procedure must be strictly adhered to or there
will be no claim. The Auctioneers must be informed
of the complaint by 12 noon on the Monday following
the Friday horse sale at their offices, telephone
0118 950 8611. The notification of such complaint
to the Auctioneers may be by telephone or letter.
The exact nature of the complaint must be stated
and, if appropriate, a certificate from a qualified
Veterinary Surgeon must accompany the complaint.
The Auctioneers will then notify the Vendor of
the receipt of the complaint and the Vendor has
the right at his own discretion to appoint his
own Veterinary Surgeon. If there is a difference
of opinion between the Purchaser’s and
Vendor’s Veterinary Surgeons, then the
Auctioneers may appoint a third person whose
decision shall be final and binding on all parties.
In cases not involving a Veterinary Surgeon,
the Auctioneers or their appointed Agents will
be the sole arbitrators in any complaint. If
a trial is proved necessary, then the Purchaser
will transport the animal in question to the
place of the trial at the time stated, such time
and place to be arranged by the Auctioneers.
Both the Vendor and the Purchaser will have the
opportunity to try the horse in question and
the Auctioneer or his appointed Agent will have
a similar right. The party in default will be
liable for any expenses incurred by the trial.
No claims will be entertained by the Auctioneers
unless and until the full purchase money has
been received by them. If the horse is returned
to the Vendor, then the Vendor will be liable
for the full amount of commission as if the horse
had been sold.
8. All horses, carriages, saddlery and other goods
placed in the Auctioneer’s hands shall be
subject to a lien in their favour for any amount
advanced by them upon or due in respect of the
particular property, and also for any account or
general balance owing to them by the Owner of such
property, and may be sold by them without reserve,
unless the amount owing be paid within seven days
after notice in writing shall have been given to
the Owner or ostensible or reputed owner, of such
property, or left at or sent by post to his last
or usual place of abode or business, at the time
and place of such sale, and the proceeds, after
deducting all expenses, when received shall be
credited to the Owner’s account. All horses,
carriages, saddlery, etc. sent to the Auctioneers
for sale remain at the risk of the Owner, from
whatever cause, accident or damage thereto may
arise.
9. Property sold on a Friday shall be paid out
to the Vendor on the Friday following, except in
cases of dispute. No money will be paid unless
the lot or lots are cleared by the Purchaser, nor
will the Auctioneers guarantee or compel clearance,
nor be liable for any deficiency or loss arising
from non-clearance.
10. The risk and expenses of each lot shall be
upon the Purchaser from the fall of the hammer,
or ratification of any private sale, and the Auctioneers
shall not be liable for any accident which may
arise either to persons or property, but every
care will be taken to ensure the safety of any
lot consigned for sale, and of the public generally.
11. The Auctioneers will not be responsible for
any clothing, bridles, harness or trapping left
on or with the horses, or with any lot.
Thimbleby & Shorland
Market House, 31 Great Knollys Street, Reading,
Berkshire RG1 7HU
Tel: +44(0)118 950 8611 Fax: +44(0)118 950
5896
Email: info@thimbleby-shorland.co.uk
