EQUESTRIAN - Horses & 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.

Auctioneers: THIMBLEBY & SHORLAND, READING

NOTE: Purchasers or their agents are requested to obtain accounts and delivery orders at the Auctioneers' Office before leaving the place of sale and carefully to examine same. The Auctioneers cannot be held responsible for any errors in accounts or delivery orders unless they are notified of such errors on the day of sale and before the lots are removed from the premises.

FOR FURTHER INFORMATION CONTACT: info@thimbleby-shorland.co.uk or telephone + 44 (0)118 950 8611