BHA Transfer Conditions of Sale

Conditions of Sale Transfer of Ownership Updated July 2019

6. Process 6.1. Goffs will inform of any horse entered in the sale with actual This sale is held subject to the Conditions of Sale set out below, which have been or anticipated Glorious Goodwood entries. specifically adapted for the Goffs UK Goodwood Sale. This sale is held subject to 6.2. To assist in swi processing of the transfer of ownership aer purchase the Conditions of Sale set out below. All potential Vendors and Purchasers are Weatherbys, the BHA, and Goffs will work closely together with regards to the external communication and operational delivery of this arrangement. advised to carefully read these Conditions. The Conditions of Sale in this Sales catalogue take precedence over any previously published Conditions of Sale. 6.3 Weatherbys will ensure that the relevant Transfer of Engagement hardcopy forms are provided for use at the Sale; Goffs UK will provide internet access so that the New Racing Administration System (“NRAS”) can be used to complete all other administration. 1 DEFINITIONS 6.4. The Goffs UK team will arrange for the Registration processes and any 1.1 Affiliate means any person that 1.5 Debtor means any Vendor, Transfer of Engagement forms to be completed by the purchaser controls Goffs UK, is controlled Purchaser or New Purchaser (as immediately aer the Sale, should be emailed to Weatherbys at by Goffs UK or is under common appropriate) with any liability to [email protected], other applications should be submitted control with Goffs UK. Goffs UK. online via NRAS. Ultimately, the responsibility for provision of correct 1.2 Associated Company means 1.6 Goffs UK means Goffs UK information to Weatherbys and the BHA so that the horse may be allowed Robert J Goff & Co Plc, a Limited. to run at Glorious Goodwood lies with the Owner. subsidiary of Robert J Goff & Co 1.7 Goffs UK Premises means Plc or a holding company of Goodwood Racecourse. 6.5. The Goffs UK team will arrange for the new owner to contact Weatherbys Robert J Goff & Co Plc or any directly on +44 (0)1933 304808 immediately aer their purchase. The other subsidiary of that holding 1.8 Horse-In-Training means any Lot Weatherbys team will be required to confirm: company or an Affiliate, but that has started in a Race. 6.5.1. purchaser’s Owner Registration; specifically, without limitation of 1.9 Lot means the horse which is to be 6.5.2. Transfer of Engagement; the foregoing, Goffs Country sold and which has a Lot number Property Consultants Limited, in the Catalogue. 6.5.3. Trainer of the horse; Goffs Bloodstock Sales Limited 6.5.4. Colours registration (Does the owner have registered colours? Are and Goffs UK Limited. 1.10 Owner means the person, the colours registered overseas); partnership, syndicate or 1.3 Catalogue means the catalogue in corporation named on the Entry 6.5.5. Any other details required by Weatherbys/BHA which these terms and conditions Form as the owner of the Lot. are contained. The word Catalogue 7. BHA Rules of Racing also includes any supplement to it 1.11 Prohibited Substances means This agreement is without fettering to all other Rules of Racing, as they issued by Goffs UK from time to Anabolic Steroid and/or NSAIDs. apply from time to time. The BHA Rules can be found at: time. (a) Anabolic Steroid means an http://rules. britishhorseracing.com. anabolic androgenic steroid or a 1.4 Control means, in relation to any metabolite, an isomer, an isomer 8. Cost person, the beneficial ownership of the metabolite or a pro-drug of of any of the issued share capital the substance. There is an estimated cost of £300 (+ VAT) for the services required to of, or the legal power to direct or deliver this arrangement, (based on 6 hours additional work). However (b) NSAIDs means Non-Steroidal cause the direction of the general Anti-Inflammatory Drugs. should Weatherbys encounter any unanticipated problems, additional management of the person in charges could be incurred at a rate of £50 (+ VAT) per hour. To be invoiced question or its holding company or by Weatherbys following the Sale. parent company.

32 The Goodwood Sale 2019 33 Conditions of Sale Conditions of Sale

(c) Specific Concentration means the Vendor if not the Owner shall be from the Vendor in respect of any £1,000 up to £50,000; minimum concentration relevant deemed at all times and for all cancelled sale. £2,000 up to £100,000; to the sex of the Lot and where no purposes to be the servant or 2.1.5 Goffs UK reserve the right to £5,000 up to £500,000; minimum concentration for the agent of the Owner. charge full commission of 7.5% £10,000 thereaer. substance relevant to the sex of 1.19 In these Conditions: from the Vendor in respect of any 2.2.2 Should any dispute arise between the Lot in any amount. 1.19.1 The singular includes the Lot sold between the date of two or more bidders, or between 1.12 Purchaser means the highest plural and vice versa; publication of the Catalogue and Goffs UK and any bidder, Goffs bidder to whom a Lot is knocked 1.19.2 References to persons seven calendar days following the UK decision shall be binding on down by Goffs UK or who include bodies corporate, last day of the sale. all parties. At Goffs UK’s purchases the Lot privately unincorporated 2.1.6 When a Lot is bought in 100% by discretion the Lot in dispute may following the sale. associations, the Vendor 7.5% of the price of be put up again for auction and 1.13 Purchase Price (as regards the governments, states, that Lot is payable by the Vendor resold, subject to the reserve price Purchaser) is the price in pounds at partnerships and trusts (in unless Goffs UK are notified by in accordance with 3.1 below. which the Lot was knocked down each case, whether or not the conclusion of the sales session by Goffs UK in the ring or the having separate legal in which the Lot was offered and 3 VENDORS price at which it is sold privately personality); and the Lot is published as a “Vendor” 1.19.3 “subsidiary” and “holding 3.1 Vendors of Lots are subject to plus VAT and commission. sale, in which case 2.5% of the entry fees and commission as company” have the Price is payable by the Vendor to 1.14 Sale means the sale by auction meanings given to them by outlined in 2.1 All Lots are subject conducted by Goffs UK. Goffs UK (subject to a minimum to a reserve price which shall sections 1159 of the commission of £100). 1.15 Sale Price (as regards the Vendor) Companies Act 2006. either be the minimum selling means the price in pounds sterling 2.1.7 When a Lot is unsold, the Vendor price set by Goffs UK or any at which the Lot was knocked 2 THE SALE will pay Goffs UK 2.5% of the higher reserve price which Goffs down by Goffs UK or the price at 2.1 COMMISSION AND FEES reserve price if the reserve UK must have received in writing which it is sold privately, subject exceeds £20,000. from the Owner, the Vendor or to deductions for commission, 2.1.1 An entry fee is payable to Goffs 2.1.8 A withdrawal fee of £1,000 is his agent prior to the Lot being entry fee and any other charges UK by the Vendor for each Lot payable by the Vendor to offered for sale. Where no which may apply. entered and catalogued. The fee is Goffs UK for any lot which is instruction is received in writing non-refundable upon publication catalogued and withdrawn prior to from the Owner, the Vendor or 1.16 Sales Office means the Goffs UK of the catalogue and will be his agent, the Lot will be offered Office in Goodwood Racecourse. the sale unless notification of subject to a 5% levy to fund the withdrawal is accompanied by a without reserve. 1.17 The Panel means one or more BHA/TBA Inward Buyers veterinary certificate to the 3.2 Each Vendor undertakes that a Lot Veterinary Surgeons appointed by Initiative. satisfaction of Goffs UK. entered in the Catalogue shall not Goffs UK. 2.1.2 The Vendor will pay commission 2.1.9 All fees and commissions are be sold by the Owner before the 1.18 Vendor means the person, to Goffs UK equal to 1.5% of the subject to VAT at the appropriate Sale. partnership or corporation named Sale Price of each Lot, (subject to a rate. 3.3 Goffs UK will endeavour to have on the Entry Form as the owner of minimum of £100). all Catalogue information the Lot, provided however where 2.1.3 The Purchaser will pay correctly stated, but the Vendor is an Owner is not named in the commission to Goffs UK equal to 2.2 BIDDING responsible for the accuracy of its Entry Form the person who 6% of the purchase price. 2.2.1 The auction shall be conducted in content and the correction of any entered the horse for sale on £ Sterling. Subject to the error or omission. Goffs UK shall behalf of the owner shall be 2.1.4 Goffs UK reserve the right to discretion of the auctioneer, no charge full commission of 7.5% not be liable for any statements deemed to be the Vendor. The bid shall advance less than made in the Catalogue or from the

34 The Goodwood Sale 2019 35 Conditions of Sale Conditions of Sale

rostrum concerning a Lot. announced by the auctioneer, or the Sale Price of each Lot sold not right to withhold payment to the Catalogue descriptions, pedigrees the Lot must be withdrawn. earlier than 35 days aer the last partner(s) selling until the or performances are prepared for 3.5 All import/export paperwork day of Sale or on such date as Purchase Price has been received them by Weatherbys Ltd. as a must be in order prior to the Sale specified in the Entry Form or as in full from the Purchaser. service to Goffs UK who are acting or the Lot may be withdrawn at agreed subject to 3.7 above, 3.9, 3.11 The Vendor shall indemnify Goffs in their capacity as agent for the Goffs UK’s discretion. It will be 3.10, 3.11, 3.12. Goffs UK are not UK in respect of any loss, or Vendor, and the content or the sole responsibility of the under any obligation to place the liability suffered or costs accuracy of any representation or Vendor to ensure that any Lot’s sale proceeds on deposit prior to disbursements or expenses statement are solely made by the paperwork is in order and the the Vendors Application for incurred bona fide by Goffs UK by Vendor in relation to any Lot. Vendor will bear the cost of any Payment. Unless otherwise reason of bringing or defending Neither Weatherbys Ltd. nor outstanding paperwork whilst instructed by the Vendor, Goffs any proceedings which arise Goffs UK accept any liability for Goffs UK will not pay the sales UK will issue payment to the directly or indirectly from any any loss resulting from any errors proceeds to the Vendor until the Vendor by way of cheque posted breach of these Conditions of Sale or omissions contained in the appropriate documentation has by ordinary post to the address by the Vendor. catalogue detail. provided by the Vendor on the been delivered to the Purchaser. 3.12 Goffs UK will deduct 0.75% from 3.4 The Vendor undertakes: Application for Payment. Payment 3.6 A Vendor or any one person on his to the Vendor in this manner will the sales proceeds of British (a) To lodge in the Sales Office for Vendors as a Sales Levy on behalf each Lot present at the Sale the behalf may bid for any Lot owned be deemed to have been made at by such Vendor. Where however a the time of posting of the cheque of the Thoroughbred Breeders Passport, vaccinations, health Association, who will be notified certificates in accordance with Lot is stated to be “the Property of by Goffs UK and all payments are a Partnership” or “to Dissolve a sent at the risk of the Vendor and of the Vendors name and address Appendix 1 of these Conditions unless the Vendor notifies Goffs and any veterinary certificate Partnership” any partner, Goffs UK will incur no liability to syndicate member, co-owner or any party as a result of the UK in writing within 28 days of referred to in Condition 4 the last day of the Sale that he is whichever apply, prior to the Sale. other person interested may bid non - delivery of the cheque to the on his own behalf either Vendor. unwilling to contribute. Goffs UK will not offer any Lot for personally or through an agent. sale unless the Passport and any 3.9 In the case of any Lot where a other relevant documentation 3.7 In the case where any Lot has been dispute has arisen between the 4. BASIS OF SALE have been lodged prior to the Sale knocked down to a bidder who has Vendor, the Owner, the Purchaser in the Sales Office. made no payment arrangements and/or any third party making any There is no term implied in any prior to bidding Goffs UK may claim in relation to the Lot, or sale that any Lot is of (b) To ensure that all Lots are impose one of the following where there are competing claims merchantable quality or is fit for correctly micro-chipped. The measures in their absolute for payment, Goffs UK may refuse training or any particular purpose. Vendor undertakes to bear the cost discretion: to make payment to the Vendor Any term, condition or warranty of micro-chipping if any Lot is pending resolution of the dispute. that might be incorporated into or (a) The Sale will be deemed to be apply to these Conditions of Sale found not to be correctly cancelled and the Lot will In exercising this right, Goffs UK micro-chipped by the conclusion will incur no liability to any party, are excluded to the maximum immediately be reoffered on extent permissible by applicable of the Sale. behalf of the Vendor. and no interest shall be payable by Goffs UK on any sale proceeds law. It is the responsibility of the (c) All Lots must have up to date (b) Goffs UK will not make payment retained. Purchaser to ensure that he is vaccinations in accordance with to the Vendor until the Lot has satisfied with the condition of any been paid for in full. 3.10 When the Owner of a Lot is a Lot before bidding. Additionally a the Vendor Sale Requirements partnership or a syndicate and one (Appendix 1 of these Conditions). 3.8 Upon receipt of a single written Purchaser must make his own Where vaccinations are not up to or more member(s) of that enquiries and exercise his own application from the Vendor, partnership or syndicate is the judgement as to the value of a Lot. date, a notice to that effect will be Goffs UK will pay to the Vendor Purchaser, Goffs UK reserve the

36 The Goodwood Sale 2019 37 Conditions of Sale Conditions of Sale

Conditions of Sale (Continued)

Lots will be offered for sale in one the Purchaser. (viii) Fillies may be offered with a out by Goffs UK at the time of of the following ways: (vii) Fillies may be offered with a Breeding Certificate in addition to Sale. Fillies or broodmares which HORSE-IN-TRAINING Breeding Certificate in addition to the Post-Sale Veterinary are not in foal and which are the Pre-Sale Veterinary examination. offered for sale as Breeding Stock (a) With a Pre-Sale Veterinary Certificate. (ix)) The appropriate Post-sale must be offered with a Breeding Certificate, to which the examination fees shall be borne by Certificate, except for two-year- following conditions shall apply: (b) Sold Subject to Post-Sale the Purchaser. old fillies, or broodmares that have Veterinary Examination foaled since the publication of the (i) The Lot shall be examined not (i) The Purchaser may request Goffs (c) BROODMARE (with or earlier than 14 days prior to the Catalogue and prior to the sale, UK to instruct The Panel to without a foal at foot) where no warranty as to their Sale at the premises of its examine the Lot not more than 7 registered Trainer by a member of With a Pregnancy Certificate suitability for breeding is given or days following the Sale. The implied. Where a Broodmare or The Panel. For horses trained Purchaser must make this request dated not earlier than 14 days outside the United Kingdom the prior to the Sale which must be Filly is sold with a Breeding to Goffs UK within one hour of the Certificate, the Purchaser may Lot shall be examined at a location fall of hammer or no post-sale lodged in the Sales’ Office by the as directed by Goffs UK. Vendor prior to the Sale, and request to have her re-examined examination will be permitted. for suitability for breeding (ii) The examination will be a full (ii) The examination will be a full which will be read out by Goffs clinical examination, with x-rays, UK at the time of Sale. Where a purposes only by The Panel clinical examination, with x-rays, to provided the Purchaser has to determine the Lot’s suitability determine the Lot’s suitability for Broodmare is sold with a for racing. Veterinary Certificate of notified Goffs UK within 60 racing. minutes of purchase that a (iii) The Panel’s certificate shall be (iii) The Panel will not be concerned Pregnancy, the Purchaser may deemed to be an expression of request to have her re-examined re-examination is required. If the with the accuracy of any other Broodmare or Filly is found not to opinion by a duly qualified statement concerning any for pregnancy by The Panel veterinary surgeon and shall not provided the Purchaser has be as certified, the sale may be particular Lot whether contained cancelled at the discretion of the constitute a warranty. in the catalogue or in any notified Goffs UK within 60 (iv) The certificate will be made minutes of purchase that a Purchaser provided notice of veterinary certificate produced. cancellation is made by the available to prospective purchasers (iv) The Lot shall remain in the care of re-examination is required. If the by Goffs UK prior to Sale. Broodmare is found not to be as Purchaser to Goffs UK no later the trainer and remain at the risk of than 1 hour aer the Purchaser (v) For any Horse-In-Training, the the Vendor until the examination certified, the sale may be cancelled Purchaser may request Goffs UK at the discretion of the Purchaser was notified by Goffs UK of The has been completed. Panel’s decision. to instruct a member of The Panel (v) The decision of The Panel shall be provided notice of cancellation is to re-examine the Lot not more final and binding between Vendor made by the Purchaser to Goffs UK no later than 1 hour aer the than 48 hours following the Sale, and Purchaser. 5. BLOOD SAMPLING FOR specifically for clinical (vi) The Sale may be cancelled at the Purchaser was notified by Goffs UK of The Panel’s decision. The PROHIBITED SUBSTANCES examination. If the findings are at discretion of the Purchaser if the & PIROPLASMOSIS variance with the Pre-sale Lot fails the Post-Sale Examination Purchaser shall in all cases be Veterinary Certificate the Sale carried out by The Panel. liable for the re-examination fee. 5.1 NSAIDs and Anabolic may be cancelled at the discretion (vii) In addition, the Sale may be (d) FILLY OUT-OF-TRAINING Steroids of the Purchaser. The Purchaser cancelled at the discretion of the 5.1.1 This Condition stands alone and is must make this request to Purchaser if in the opinion of The With a Breeding Certificate separate and distinct from Goffs UK within one hour of the Panel the Lot is incapable of being dated not earlier than 14 days Condition 4 and applies to Horses fall of hammer or no x-rayed or scoped to their prior to the Sale which must be in Training other than those re- examination is permitted. satisfaction. In this case the Vendor lodged in the Sales’ Office prior to declared to run within five days of (vi) The fees for all the Veterinary will bear the cost of the the sale, and which will be read the Sale. Examinations shall be borne by examination.

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Conditions of Sale (Continued)

5.1.2 Where NSAIDs Prohibited Lot in accordance with a right to the said Lot has been cancelled. qualified veterinary surgeon and Substances are referred to in a do so under this Condition. (c) The Lot shall be at the Purchaser’s read out by Goffs UK at the time certificate signed by an 5.1.6 If a blood sample cannot be taken risk in all respects from the fall of of the Sale the Condition will independent veterinary surgeon from the said Lot the hammer until notice is given apply but the Lot shall not be and read out by Goffs UK at the (notwithstanding that the Panel by Goffs UK in accordance with returnable to the Vendor. Where a time of the Sale the Condition will has used such reasonable Condition 5.1.8 (b) hereof. For the Lot is not so described, the Lot apply but the Lot shall not be endeavours as are commensurate avoidance of a doubt, in any case shall be returnable to the Vendor returnable to the Vendor unless with the circumstances) the Sale where Goffs UK has been given in accordance with this Condition other NSAIDs Prohibited may be cancelled at the such notice the Lot is thereaer at where Goffs UK decides in its Substances than those certified the risk of the Vendor. absolute discretion that a blood and read out are present. Purchaser’s discretion. sample taken from the said Lot in 5.1.7 Where a blood sample is found to (d) If the Purchaser has elected to accordance with this Condition 5.1.3 A Purchaser may for a blood return the Lot to the Vendor in sample to be taken from a Lot for contain NSAIDS other than those and tested in accordance with the certified and read out the accordance with this Condition Böse test for Piroplasmosis under the purpose of testing for the Vendor Shall: NSAIDS when signing the Purchaser may elect to return the OIE Protocol using a Piro IFAT Acknowledgement of Purchase Lot to the Vendor providing such (i) pay Goffs UK on Invoice a sum test (“the Prescribed Test”) Form in accordance with election is made to Goffs UK equivalent to the commission contains the specified levels of Condition 9.5. The Purchaser by 5pm on the seventh calendar that would be payable under either Theileria equi or Babesia shall be responsible to Goffs UK day aer the Purchaser was these Conditions of Sale had caballi. for the costs and expenses of notified by Goffs UK of the result. the contract of sale not been 5.2.3 A list showing the specified levels taking and testing the sample 5.1.8 (a) Where a Purchaser elects to return cancelled by the Purchaser. for Theileria equi and Babesia unless the sale is cancelled under a Lot in accordance with this (ii) pay Goffs UK on invoice its caballi is available upon request this Condition, in which case Condition Goffs UK shall notify charge for taking the sample, made to Goffs UK and Purchasers Condition 5.1.8(d) will apply. both parties that the contract of having it analysed under this and Vendors are advised to check Failure to request a drug test sale is cancelled and the Lot will Condition. the current specified levels before under this Condition will be an be at the Vendor’s risk from such purchasing or entering a Lot for absolute bar to the Purchaser time that he is notified and the (iii) indemnify Goffs UK against sale. Vendor must arrange and pay for all costs claims demands actions returning the Lot under this 5.2.4 A Purchaser may ask for a blood Condition. any transport, keep and any other and expenses out of or in costs incurred by the purchaser in connection with its decision sample to be taken from a Lot for 5.1.4 If a blood sample has already been connection with this lot, and under this Condition. the purpose of testing for the taken by the Panel at a pre-sale providing such election is made in presence of Piroplasmosis when veterinary examination, this may writing to Goffs UK by 5pm on signing the Acknowledgement of be used for the purpose of testing the seventh calendar day aer the 5.2 PIROPLASMOSIS Purchase form in accordance with for NSAIDS. Condition 9.5. The Purchaser Purchaser was notified by Goffs 5.2.1 This Condition stands alone and is 5.1.5 Where a Purchaser instructs Goffs UK of the result. shall be responsible to Goffs UK separate and distinct from for the costs and expenses of UK to take and test a blood sample (b) Upon Goffs UK having Condition 4 and applies to any Lot the said Lot shall not be removed taking and testing the sample acknowledged receipt of the other than those declared to run unless the said sample is found to from the United Kingdom or Purchaser’s notice in accordance within five days of the sale. Ireland and if they do so, the be positive in accordance with with Condition 5.1.8(a) hereof 5.2.2 Where a Lot is described without Condition 5.2.2 in which event Purchaser shall be liable for the Goffs UK shall to both costs of returning the Lot back to qualification as positive for the Vendor shall be responsible for Vendor and Purchaser that the Piroplasmosis in a certificate such costs and expenses. (For the the Vendor in the event of a contract of the sale in respect of Purchaser electing to return the signed by an independent avoidance of doubt, any sample

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Conditions of Sale (Continued)

not found to be negative shall be below the specified levels is not a material from any Lot while on days between a Purchaser and a deemed to be positive). Failure to ground for return of a Lot to the Goffs UK Premises, without Vendor aer the Lot has been request a test for Piroplasmosis Vendor, in which instance the specific permission from the unsold or bought in by the Vendor under this Condition will be an Purchaser shall be bound to keep Vendor. No sample of hair, blood, at the Sale shall be subject to the absolute bar to the Purchaser and pay the full amount of the urine or other testable material Goffs UK Conditions of Sale. returning the Lot under this purchase price for the Lot. from any Lot, other than those Such transactions must be Condition. 5.2.9 Where a Purchaser instructs Goffs described in Condition 5 shall be finalised in writing on a Private 5.2.5 If a blood sample has already been UK to take and test a blood sample used as reason for the return of Sale Form signed by the Vendor, taken by The Panel at the Pre-Sale the said Lot shall not be removed any Lot. the Purchaser and an authorised veterinary examination, this may from the United Kingdom or representative of Goffs UK. For be used for the purpose of testing Ireland and if they do so, the 6 ENGAGEMENTS the avoidance of doubt, this includes any Sale conducted for Piroplasmosis. Purchaser shall be liable for the 6.1 A Lot is sold with engagements as costs of returning the Lot back to online. The terms of Condition 9 5.2.6 If a blood sample cannot be taken given in the Catalogue, or below will apply to the Purchaser. from the said Lot the Vendor in the event of a announced at the time of Sale. (notwithstanding that The Panel Purchaser electing to return the Goffs UK however, accept no 7.2 Where Goffs UK accepts the have used such reasonable Lot in accordance with a right to responsibility for engagements transfer of a Lot from the endeavours as are commensurate do so under this Condition. given or omitted. It will be the Purchaser to a third party (the with the circumstances) the Sale 5.2.10 Where a sample is found to be sole responsibility of the Vendor New Purchaser), the appropriate may be cancelled at the positive the Purchaser may elect to to ensure that the relevant Private Sale Form must be Purchaser’s discretion. return the Lot to the Vendor documentation is completed and completed in the Sales Office. The providing such election is made to lodged with the Authority in terms of Condition 9 below will 5.2.7 Goffs UK shall exercise its question, but of the Purchaser to apply to the New Purchaser. absolute discretion in making a Goffs UK by 5pm on the seventh calendar day aer the Purchaser cancel any race entry if a forfeit decision under Condition 5.2. applies. A Declaration of Forfeit Goffs UK decision shall be final was notified by Goffs UK of the 8 PASSING OF RISK result. for UK engagements must be AND TITLE and binding on both Vendor and made to Weatherbys and for Irish Purchaser and Goffs UK shall not 5.2.11 Where a Purchaser elects to return engagements to 8.1 The Lot will be at the Vendor’s risk be responsible for any loss or a Lot in accordance with this Ireland. at all times until the fall of expense incurred by any party Condition Goffs UK shall notify hammer (or time of sale if sold arising out of its decision. both parties that the Sale is 6.2 In particular Goffs UK do not privately) when the risk shall pass warrant that a Lot is eligible for 5.2.8 The Purchaser expressly cancelled and the Lot will to the Purchaser subject to 8.2 be at the Vendor’s risk from such participation in the Plus 10 or any below. acknowledges that, although there other breeders’ scheme whether are other methods of testing for time that he is notified. The 8.2 Any Lot tested for Prohibited Vendor must arrange for the Lot to European or American Piroplasmosis, a Lot is only notwithstanding that a statement Substances and Piroplasmosis returnable to the Vendor if it is be collected, and pay for any such under the terms of Condition 5 transport, and any other to that effect or so implying may decided by Goffs UK that the have been included in the above shall remain at the Vendor’s sample taken from a Lot and tested reasonable costs incurred by the risk from the fall of the hammer Purchaser in connection with this Catalogue or made from the using the Prescribed Test contains Rostrum. until the sample has been taken the specified levels of either Lot subject to Condition 5.2.9. from the Lot when risk passes to Theileria equi or Babesia caballi. 7 PRIVATE SALES AND the Purchaser. If the sample proves The Purchaser further 5.3 FURTHER SAMPLING TRANSFERS to be positive for Prohibited acknowledges that the presence of Substances or Piroplasmosis, risk 5.3.1 Nobody may remove a sample of 7.1 Any sale concluded on the day of either Theileria equi or Babesia hair, blood or any other testable will pass back to the Vendor when caballi in the sample at levels the Sale or within seven calendar the Vendor is notified.

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Conditions of Sale (Continued)

8.3 Notwithstanding the passing of upon Goffs UK to amend the been paid for in full. Condition 9.6 unless the Vendor risk in this Condition or delivery Catalogue description at the Sale 9.8 Where a Purchaser bids or buys has notified Goffs UK in writing of the Lot to the Purchaser, the and it is the Purchaser’s on behalf of another, the that the sale has been cancelled. Vendor shall retain title to the Lot responsibility to ensure he hears Purchaser must disclose the name until the full purchase price has any such announcement made by and address of his principal when been paid to Goffs UK. the auctioneer as a consequence. required by Goffs UK and both 10 GOFFS UK’s RIGHTS 8.4 Where Goffs UK have paid out The information on the Goffs UK the Purchaser and his principal 10.1 Goffs UK reserve the right to the Vendor in accordance with 3.8 notice board, website and shall be jointly and severally liable exclude or remove any person or above, title of the Lot will vest in announcement boards in the Sales under these Conditions. animal from their premises Goffs UK on the same terms as 8.3 ring is for guidance only and Goffs without giving any reason. above. UK are not liable for any error or 9.9 Where the Purchaser notifies omission from such information. Goffs UK that a Lot has been 10.2 Goffs UK, as Agents for the bought on behalf of another aer Vendors, reserve the following 9. PURCHASERS 9.4 All certificates referred to in the the Sale and asks Goffs UK to rights, viz: 9.1 All purchases are subject to 6% Catalogue will be available for inspection in the Sales Office prior invoice that person (the (a) To refuse the bidding of any buyers’ commission as outlined in “Nominee”), Goffs UK (at its person, without giving any reason. Condition 2.1.3. to the Sale. absolute discretion) may agree to (b) To bid by themselves for any Lot. 9.2 Goffs UK strongly recommend 9.5 Immediately aer the purchase of do so on the basis that the that Purchasers should attend the each Lot, the Purchaser must sign Purchaser and the Nominee will (c) To withdraw the Lot from sale at Sale in person and Purchasers are the Acknowledgement of be jointly and severally liable to any time before it has been strongly advised to inspect each Purchase Form confirming the pay the Purchase Price. The knocked down without disclosing Lot prior to purchase. It is the sales details together with his Purchaser’s payment obligations in the reserve price. responsibility of the Purchaser to name, address and other respect of the relevant Lot will information as required by only be discharged in the event (d) To reserve the right to fix a ensure that he is satisfied with the minimum price at any or all Sales. condition of any Lot before Goffs UK. that the Nominee has paid the bidding. Prospective Purchasers 9.6 Subject to 9.9 below, payment whole of the Purchase Price. 10.3 Goffs UK do not make any may use a veterinary surgeon of must be made in pounds sterling However, where the Nominee representation whatsoever express their own choice to check or by the Purchaser for each Lot on pays part of the sum due but the or implied as to the identity of the inspect the condition of any Lot the day of the Sale and the Lot remainder is unpaid, Goffs UK Owner or Owners of any Lot at prior to sale provided the consent must be removed by the Purchaser claim shall be limited to the the time of entry, time of sale or at of the Vendor is obtained in by the close of each day’s sale. unpaid sum. any other time. In the event of any advance, that the Vendor Prior to the Sale Goffs UK may 9.10 Where a Vendor and a Purchaser dispute the Purchaser’s remedy, if expressly consents to the form of agree to other payment terms at agree to terms not covered by the any, shall be against the Vendor inspection to take place and it is their discretion and may allow the Conditions of Sale, a copy of that and the Vendor’s remedy shall be understood by prospective Purchaser to remove the Lot agreement must be lodged in against the Purchaser, and not Purchasers that such consent is before full payment has been writing in the Sales Office before against Goffs UK who act as entirely at the Vendor’s own received. In the event that the Sale, and approved by Goffs Agents between Vendor and discretion. payment is not received under the UK. If no such copy of the Purchaser and shall not be liable as agreed terms, Goffs UK will agreement is lodged, and any a Party in any action or dispute 9.3 All Lots are sold subject to these between them. Goffs UK Conditions of Sale and endeavour to collect the debt dispute arises as a result of this are subject to any announcements by whatever means are deemed agreement between the Vendor 10.4 Goffs UK reserve the right to that may be made by the appropriate. and the Purchaser, Goffs UK will charge interest on unpaid accounts auctioneer. A Vendor may call 9.7 No Lot will be raced until it has demand that the Purchase Price is at 1.5% per month on all accounts paid in full in accordance with

44 The Goodwood Sale 2019 45 Conditions of Sale Conditions of Sale

Conditions of Sale (Continued)

which are unpaid 21 days aer the commission lost resulting from the Lot was purchased within five days to a referee in the last date of the Sale. such default. giving specific details of their United Kingdom, Ireland or 10.5 If for any reason a Lot is purchased 10.6 Goffs UK may at any time,without complaint, supported by a France as appointed by Goffs UK. and not paid for as hereinbefore notice, set off any liability of a certificate signed by an 11.6 No Lot may be returned for the provided (notwithstanding if the Debtor (including but not limited independent veterinary surgeon. reasons set out in Condition 5 or risk has passed to the Purchaser) to the outstanding purchase price 11.2 The complaint shall be dealt 12 if it has raced following the then the following provisions of any Lot) against any liability of with by Goffs UK, or their Sale. shall take effect until payment is any Associated Company to the appointee, which may be a received: Debtor (whether any such veterinary surgeon liability is present or future, actual or other deemed appropriate by 12 LOTS RETURNABLE (a) Goffs UK shall be entitled to 12.1 The Complaints Procedure set out retain the Lot, and shall have a lien or contingent, liquidated or Goffs UK at such time, at such unliquidated and irrespective of place and in such manner as Goffs in 11 above will only apply if the over the Lot and all documents information in 12.1 below is not relating to it for all expenses, the currency of its denomination) UK deems appropriate. The and Goffs UK may for such decision of Goffs UK on the stated in the catalogue or including freight, incurred by announced at the Sale or if the them or any Agent of Goffs UK purpose convert or exchange any complaint, shall be final and currency. binding on both the Vendor and Conditions in 12.2 below are not during such period of retention. declared in the Catalogue or are Such lien may be exercised in 10.7 Any exercise by Goffs UK of its the Purchaser. Goffs UK may have the Lot examined by their not announced without respect of any other sum due by rights under Condition 10.6 shall qualification at the Sale. In these the Purchaser to Goffs UK. be without prejudice to any other appointee and where the opinion of their appointee does not agree cases, the Sale may be cancelled at Goffs UK shall also be entitled to rights or remedies available to the discretion of the Purchaser. exercise the said lien over any Goffs UK under these Conditions with the opinion of the Purchaser’s documents in their possession or otherwise. appointee as expressed in his 12.1.1 The Lot is not registered with a relating to any other Lot or Lots certificate furnished, then Stud Book Authority approved by owned by the Purchaser. A Lot the opinion of the Goffs UK the International Stud Book shall not be delivered to the appointee shall prevail and shall be Committee. 11-13 DISPUTES PROCEDURE final and binding on the parties. Purchaser until the expenses 11 COMPLAINTS 12.1.2 The pedigree or description of the referred to above have been paid, PROCEDURE 11.3 All expenses and charges incurred Lot does not correspond with the in addition to the Purchase Price. by such adjudication shall be paid pedigree or description as stated The Complaints Procedure applies by the Party found to be in error. (b) Should the Purchaser fail to pay only in the circumstances set out in the catalogue. for a Lot then such Lot may at any in Condition 12 below. For the 11.4 For the avoidance of doubt risk 12.1.3 The Lot has run at an time be resold by public auction or avoidance of doubt, the clinical remains with the Purchaser unrecognised meeting or is on the private treaty, and the deficiency examinations in Condition 4 above throughout any complaint and forfeit list maintained by a (if any) resulting from such resale do not apply to this Condition 11 only passes back to the Vendor recognised Turf Authority. shall immediately be made good when both parties are notified of as those examinations must be 12.1.4 The Lot is described as a Colt and by the defaulting Purchaser. dealt with on the day of (or the Goffs UK decision to cancel the sale (if appropriate). does not at such time have both (c) Nothing in these Conditions shall day following) the Sale by The testes palpable (which may be so preclude Goffs UK and/or the Panel. 11.5 If any Lot has been removed from described by the auctioneer, or on Vendor of a Lot from pursuing all 11.1 A Purchaser wishing to invoke The United Kingdom or Ireland the bid board, as a rig). legal remedies available to them prior to the Purchaser making a this Condition must do so by 12.1.5 The Lot is the subject of a Starting for the recovering of the Purchase informing Goffs UK in writing (as complaint, it will be the Price from a defaulting Purchaser Purchaser’s responsibility to Stalls Test as ordered by the per Condition 16) by 5.00pm on Stewards of the BHA/Turf Club. and all expenses and damages and the seventh calendar day aer transport the Lot at their cost

46 The Goodwood Sale 2019 47 Conditions of Sale Conditions of Sale

Conditions of Sale (Continued)

12.1.6 The Lot is a Broodmare/Filly (g) Is a wobbler. Premises. Provided always that to the non-exclusive jurisdiction which has been covered and/or (h) Has been unnerved. nothing in this sub-clause shall be of the Courts of and subsequent to any covering has taken to exclude or restrict Goffs Wales and, for such purpose, slipped the foal. UK’s liability at law for death or irrevocably submit to the 12.1.7 The Lot is subject to a BHA Non 13 DISPUTES personal injury to persons arising non-exclusive jurisdiction of Racing Agreement (NRA1 form) 13.1 Any dispute arising out of the sale from Goffs UK’s negligence. those Courts. of any Lot in accordance with 12.2 Any Lot which: 14.3 All Lots must wear a head collar at 15.5 The submission to the jurisdiction these Conditions of Sale shall be a all times on Goffs UK premises. of the Courts of England and (a) Is a wind-sucker, (i.e. frequently dispute between the Vendor and Where a Vendor is found to have Wales shall not limit the right of swallows air whether in the Purchaser and in no le a Lot without a head collar Goffs UK to take proceedings association with grasping fixed circumstances shall Goffs UK be aer the Sale, Goffs UK will against the Owner, the Vendor or objects with incisor teeth or not; a liable to either party in connection supply a head collar at the the Purchaser in any other Court crib-biter is not returnable unless with such dispute. Vendor’s expense. of competent jurisdiction and the the crib-biting is associated with 13.2 Where Goffs UK are brought in as taking of proceedings in one or wind-sucking, in which case the 14.4 If any Lot is ridden at any time in a party to any dispute despite 13.1 conjunction with the Sale, the more jurisdictions shall not Lot is returnable as a wind- above, Goffs UK will be entitled preclude the taking of proceedings sucker). rider must wear a BHA approved to payment of their legal and other helmet and body protector, and it in any other jurisdiction whether (b) Has been operated on for the expenses on a full indemnity basis shall be the responsibility of the concurrently or not. correction of wind-sucking as from the party who joins them in. Vendor or Purchaser to ensure that defined above. they, their employees or agents, 16 NOTICES (c) Is a weaver; ( i.e. frequently 14 SAFETY adhere to this Condition. swings its head and neck to and fro 14.1 Every person on Goffs UK When any certificate or notice is and transfers weight from one premises before, during or aer the required to be given to Goffs UK forelimb to the other alternately). Sale shall be deemed to be there at 15 GENERAL under these Conditions of Sale, it must be made in writing and sent (d) Is a boxwalker (i.e. frequently their own risk and shall have no 15.1 Goffs UK reserve the right to add, claim against Goffs UK in respect cancel, alter or otherwise modify by first class post to the walks either backwards and Goffs UK Hawick Office or forwards or round and round the of any injury sustained or any loss these Conditions of Sale. or damage to property which may emailed to winners@goffsuk.com. box repeatedly in an aimless 15.2 These Conditions of Sale form the Any notice required to be given by manner). occur from any cause whatsoever entirety of the agreement between save that nothing in this Goffs UK to the Vendor or the (e) Has been tubed or otherwise Goffs UK, the Owner, the Vendor Purchaser shall be sent to the sub-clause shall be taken to and the Purchaser and no operated on for unsoundness in exclude or restrict liability for address given on the Entry Form or wind; (Operations to treat the shall be valid or binding unless the Acknowledgement of Purchase death or personal injury arising specifically authorised in writing displacement of the so palate, from Goffs UK’s negligence. Form. Such notice shall be deemed including the operations tie by two Executive Directors of given on the date of delivery or the forward, cautery of the so palate, 14.2 Goffs UK accept no liability for Goffs UK. second day aer posting or on the trimming of the so palate and any, disease, accident, loss or fatal 15.3 These Conditions of Sale are to be day of transmission depending myectomy are not operations for or non-fatal injury caused to a Lot construed and shall take effect in whether the notice is sent by hand, the correction of unsoundness in (including death, the or injury) or accordance with English Law. post or email. caused by any Lot while it is being wind within the meaning of this 15.4 The Owner, the Vendor and the Condition). moved by Goffs UK employees, agents or subcontractors between Purchaser agree for the exclusive (f) Has impaired vision or injury to yards and Goffs UK Premises or at benefit of Goffs UK that these the eye. any time whilst it is on Goffs UK Conditions of Sale shall be subject

48 The Goodwood Sale 2019 49 Conditions of Sale Code of Practice

Vendor Sale Requirements The Bloodstock Industry (Appendix 1) Code of Practice (Appendix 2)

This page is referred to in the Goffs UK • EI documentation in accordance Introduction Conditions of Sale. Passports of horses with Condition A.1.7 (if present at on the premises must be lodged in the the Sale) The Code of Practice sets out the principles which apply to all sales of bloodstock and sales of stallion shares and nominations, be they private sales Sales office prior to Sale per Condition A.1.3 FOALS (sold at foot or weaned) of Sale 3.4 • Passport or sales at public auction. The intention is to ensure that sales of bloodstock A.1.1. HORSES IN/OUT OF • Health Certificate (dated within in Britain not only comply with the law, but operate to the highest standards of TRAINING 14 days of sale) (if present at integrity and transparency, and safeguard the interests of vendors, consignors, • Passport. the sale). bloodstock agents, owners, trainers and the sales companies. • Health Certificate (dated within 14 • EI documentation in accordance days of sale) (if present at the sale). with Condition A.1.7 (if present at • Up-to-date flu vaccinations in the Sale) Definitions received by an Agent that is not accordance with A.1.6. A.1.4 CONTAGIOUS EQUINE • “Agent” means any trainer, consignor, disclosed to his Principal. • CEM & EVA Certs required for METRITIS (CEM): bloodstock agent, racing or stud 3. When an Agent acts as a vendor or fillies offered with Soundness for 1 swab from Clitoral Fossa taken within manager or other person or entity part-vendor and sells or intends to sell Breeding Certificate in accordance 30 days of sale – to be negative for CEM. who represents a Principal in the sale any horse in which he has an interest to with Conditions A.1.4 and A.1.5. A.1.5 EQUINE VIRAL ARTERITIS or purchase of bloodstock, stallion a Principal, or intended Principal, • EI documentation in accordance shares and nominations, whether the the Agent must disclose to his with Condition A.1.7 (if present at (EVA): A blood sample taken within 30 the Sale). days of sale to be negative for EVA. Agent is paid by way of retainer, Principal, before completion, the full Animals that have had a positive result commission or other forms of extent of that ownership or interest A.1.2. BROODMARES (IN FOAL) in the first test will need confirmation remuneration, or has ongoing financial and the benefit to be derived from • Passport (A pregnant mare must be that a second test was taken, and that arrangements (for example the that transaction. registered with Weatherbys as a the result was either negative, or payment of management or training 4. If an Agent acts for more than one “broodmare”.) positive with a stable or declining titre. fees), or not. • Health Certificate (dated within No broodmare or filly without an EVA Principal in a transaction (which might 14 days of sale) (if present at the Certificate will be allowed entry into • “Principal” means a person or entity be both the vendor and purchaser), sale) Goffs UK Premises. who appoints an Agent to act as agent the Agent can only do so if he has • Vaccination against Equine Herpes on his behalf in the sale or purchase first disclosed this fact, before Virus (EHV-1, EHV-4). All A.1.6 FLU VACCINATIONS: All Lots of bloodstock, stallion shares and completion, to all his Principals, and pregnant mares will require to must have had a complete course of nominations as in the definition above. obtained their consent. have been vaccinated against EHV vaccinations in accordance with the in the 5th, 7th and 9th month of current BHA requirements. All • For clarification, words importing 5. An Agent must notify his Principal, pregnancy and details recorded on vaccinations should be recorded in the the masculine gender shall include wherever possible in advance, when a the mare’s passport. Pregnant horse’s passport. the feminine. conflict of interest could arise, such as transactions involving third parties mares will not be admitted to A.1.7 EQUINE INFLUENZA: Code Goffs UK Premises without EHV For horses arriving onto Goodwood with whom he has a retainer, vaccination certification. Racecourse, a negative PCR dated 1. An Agent owes a duty to his Principal transactions where he is aware he will • Covering Certificate within 96 hours of arrival must be to act at all times in accordance with benefit from a third party, or • Pregnancy Certificate (date within lodged with Goffs UK prior to arrival. his Principal’s best interests. transactions concerning horses which 14 days). A.1.8 VENDORS OF LOTS coming 2. An Agent shall not place himself in he has previously purchased or been • CEM (Contagious Equine from overseas must apply to their Stud a position where personal interests involved with. Metritis) Certificate in accordance Book Authority for Export Certificates conflict with the duty to his Principal. 6. An Agent shall disclose to his Principal with A.1.4 to be forwarded to Weatherbys. In particular, an Agent shall not use his and, if required, account to his • EVA (Equine Viral Arteritis) position to benefit from a secret Certificate dated in accordance These requirements may be altered or waived Principal for any Luck Money paid to with A.1.5 in the absolute discretion of Goffs UK. payment or secret profit, which means him by or on behalf of a vendor. any payment or benefit in kind

50 The Goodwood Sale 2019 51