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South West Horse Sale Saturday 2 April 2016

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South West Horse Sale Saturday 2 April 2016 £2 Catalogue SOUTH WEST HORSE SALE AT NEWTON ABBOT LIVESTOCK CENTRE MARKET STREET NEWTON ABBOT DEVON, TQ12 2RL Held on SATURDAY nd 2 APRIL 2016 (Viewing: Morning of Sale Only) Saddlery at 10.30am Horses and Ponies at 12.00 Noon CONDITIONS OF SALE – SOUTH WEST HORSE SALE FULL CONDITIONS OF SALE ARE EXHIBITED IN THE AUCTION SALE RING AND IN THE AUCTIONEERS' OFFICE. INTENDING PURCHASERS ARE STRONGLY ADVISED TO READ THE FULL CONDITIONS OF SALE BEFORE BIDDING AND THEY ARE REMINDED THAT BIDS ARE ACCEPTED BY THE AUCTIONEERS SUBJECT TO THESE CONDITIONS. ALL HORSES AND PONIES SOLD FOR £200 OR LESS ARE SOLD 'AS THEY STAND'. THE FOLLOWING EXTRACT FROM THE CONDITIONS GOVERNS THE WARRANTY OF ANIMALS AND COMPLAINTS AS TO BREACH OF WARRANTY. All lots must be paid for on the day of sale and no complaints will be entertained until such time as the auctioneers hold the purchase money as stakeholders. 3. SPECIFIC WARRANTIES (see section 3i-ix) The following warranties or their qualified variance will apply: v) HACK: quiet to ride and quiet with traffic. vi) HUNTER: quiet to ride, with hounds and with traffic. Sound in wind, eyes and heart. Has been hunted and capable of being hunted vii) JUMPER, REGULARLY RIDDEN, REGULARLY HUNTED: quiet to ride. ix) RIDE AND DRIVE: quiet to ride and in harness and quiet with traffic. x) PONIES 14.2 HANDS AND UNDER: same descriptions as 1-4 above can apply but they must be easily manageable by a child of average competence and age appropriate to the size of the pony. A horse shall be sold "WITHOUT WARRANTY" where no details of the horse are given other than its AGE or HEIGHT. 10. THE WELFARE OF HORSES AT MARKET ORDER (1990) Vendors are advised that by law the following must not be submitted for sale: 1) UNFIT HORSES i.e. ones which are diseased, ill, injured, deformed, emaciated, weak or exhausted etc. 2) A Mare during the last month of pregnancy. 3) Foals less than 4 months of age – unless at the foot of the dam. NOTE: Any Foal sold away from its dam must be fully weaned before the sale 11. LAME AND UNFIT ANIMALS 1) Lots must be free of contagious disease and of any substance capable of affecting performance or soundness. 2) The sale of ANY horse which is lame or unfit may be annulled and the purchase money refunded in full provided that the purchaser reports the lameness or unfitness to the Auctioneers not later than 12 noon on the second day following the close of sale and the complaint verified by a qualified veterinary surgeon (see 48 (3)). 12. A HORSE SOLD WITHOUT WARRANTY OR "AS SEEN" OR "AS STANDS" may only be returned to the vendor if, by law, its condition prohibits its sale (see 10) or is returnable under Condition 7. GENERAL WARRANTIES Unless the horse is to be sold without warranty, all lots must be free from vice, quiet in the stable, to catch, load and shoe unless otherwise declared. Latent defects i.e. crib biting, wind sucking, head shaking, sarcoids and sarcoid like lesions, un-nerving and it must also be stated if a horse has been fired or operated on for its wind (sec 7(3)). Complaints as to patent physical defects such as splints, curbs, sidebones etc will not be entertained unless they cause the horse to be lame. 44. PURCHASERS ARE WARNED THAT: 1) The Auctioneers sell on behalf of the Vendors as their disclosed principals. Recourse may be taken only against the Vendors and not against the Auctioneers or any person in their employ. Any recourse may be taken only in accordance with the complaints procedure hereinafter set out in Condition 48 hereof in respect of any matter arising out of the sale. 2) No veterinary certificate lodged for inspection constitutes of itself a condition, description or warranty of or on the sale of the horse to which it relates. 3) Ages and heights do not constitute warranties. 45. A horse shall be sold "WITHOUT WARRANTY" where no details of the horse are given other than its AGE or HEIGHT. 46. Saddlery and other equipment shall be sold and purchased for what it is, with all faults (if any) and in particular any express or implied condition or warranty whether arising by custom Common Law or by Statute or howsoever with regard to the description of, suitability or fitness for purpose of or merchantable quality of such saddlery or other equipment is hereby expressly excluded. 47. No description of or reference to any PEDIGREE of any Horse shall be a condition of or term in any contract of sale or warranty thereof except that a Horse described as 'Thoroughbred' or 'Registered' shall be warranted as registered in the General Stud Book or appropriate Stud Book under the breeding as given at the time of sale. 48. Without prejudice to any rights or remedies that the Buyer may have against the Seller, Sawdye & Harris shall be entitled to accept the rescission by the Buyer of any contract of purchase of a horse providing al the following conditions are satisfied: 1) The Buyer has not effected any sub-sale of the Horse and 2) The Horse was not sold 'Without Warranty' and 2 www.sawdyeandharris.co.uk 3) The Buyer wishes to rescind the contract of purchase on any one or more of the following grounds namely a) that the said Horse is LAME or VICIOUS and was not described as such by the Seller or announced as such by Sawdye & Harris or b) that there is a breach of warranty of the Horse by the Seller and has notified Sawdye & Harris to that effect by not later than 12 noon on the second day following the close of the sale, giving details of the nature of the complaint. All complaints must be verified by a qualified Veterinary Surgeon at the Purchaser's expense, timed and dated not later than 48 hours from 12 noon on the second day following the sale PROVIDED ALWAYS that Sawdye & Harris shall not be under any obligation to consider any request by the Buyer to rescind the contract of purchase as aforesaid unless in the opinion of Sawdye & Harris or a veterinary surgeon appointed or accepted by Sawdye & Harris for that purpose (which opinion shall be deemed to be given in the capacity of an expert and not as arbitrator) the grounds of complaint or any of them are substantially correct. 49. In the event of a Buyer having given notice to Sawdye & Harris in accordance with Condition 48 (3) hereof, Sawdye & Harris shall be entitled to withhold the proceeds of sale from the Seller until they or the Veterinary Surgeon appointed or accepted by them have expressed an opinion as to the validity of the Buyers' complaint in accordance with Condition 48 hereof. The Seller and Buyer shall both pay to the Auctioneers as Stakeholders an amount equivalent to the total of the Auctioneers' estimate of the expert's fee and expenses. In the event of Sawdye & Harris accepting the rescission by the Buyer of the contract of purchase of a Horse pursuant to Condition 48 hereof, the contract of purchase shall thereby be avoided and set aside and the Buyer shall on returning the Horse to the place of the Auction or the premises of the Seller (whichever shall be the nearer) be entitled to receive back any sum paid by way of purchase price but without interest and the Buyer shall have no other claim for damage or loss or expenses for any reason whatsoever against Sawdye & Harris and the Seller shall be liable to Sawdye & Harris for all expenses in connection with the investigation of the Buyer's complaint and for all commission and charges due to Sawdye & Harris from the Seller in respect of the rescinded contract as if the same had not been rescinded and the Seller shall in the event of the Horse having been returned to the place of the Auction forthwith collect the Horse at his expense there from, PROVIDED that if the Seller shall not have collected the Horse as aforesaid within seven days of Sawdye & Harris' acceptance of the rescission of the contract Sawdye & Harris shall be absolutely entitled to resell the said horse and the Seller shall be liable to Sawdye & Harris for all their costs of keeping and transportation of the said Horse in respect of the resale. 50. In the event of Sawdye & Harris not accepting the rescission by the Buyer of the contract of purchase of a Horse pursuant to Condition 48 hereof the Buyer shall be liable to Sawdye & Harris for all their reasonable costs of investigating the grounds for complaint. 51. A cash deposit of £100 or 50% of the purchase price shall be payable by the Purchaser at the fall of the hammer. 52. A serviceable halter must be provided with every Horse sold and if not provided by the Seller, Sawdye & Harris will supply a halter, the cost of which will be charged to the Seller. Prospective Purchasers please note: A cash deposit of £100 on each animal is required at the fall of the hammer. Please ensure you are able to comply with this condition before bidding. PLEASE NOTE CONDITIONS OF SALE: Purchasers are strongly advised to read the full conditions of sale before bidding, paying particular regard to paragraphs 40 to 45 with regard to warranty and paragraphs 48 to 50 with regard to the complaints procedure. WARRANTED ANIMALS: ALL WARRANTIES EXPIRE AT 12 NOON ON THE TUESDAY FOLLOWING THE SALE.
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