Page 2 THE HAYES & CO TEAM Peter Hayes 0418 755 732 Manager | Auctioneer Craig Bell 0417 434 095 SILVERDALE HORSE SALE Sales | Auctioneer SUNDAY 20TH AUGUST 2017 Sale commencing at 10am Landon Hayes 0448 052 187 Sales | Clearing Dip Admin / Shop 07) 5463 8099 [email protected] Silverdale Selling Complex www.hayesandco.com.au 5380 Cunningham Highway, Silverdale www.hayesandco.com.au Page 3 Page 4 ORDER OF EVENTS VENDORS LOT Ian Bostock Lot 11, 16 Silverdale Horse Sale Mutdapilly Sunday 20th August 2017 Registered for GST Bernadette Dagan Lot 10 9:00AM Viewing of Horses Maidenwell Hobby Farmer 10:00AM Ridden Horses NL & RJ Goetsch Lot 8, 19 11:00AM Penned Horses SCRATCHED 12 Noon Saddlery &Sundry Cameron Foster Lot 3 Aratula Registered for GST Refreshments available Ample parking Wayne & Jacqui Josey Lot 14 Clean amenities Ebenzer Hobby Farmer Page 5 Page 6 VENDORS LOT TERMS & CONDITIONS IT IS IMPORTANT THAT YOU PLEASE TAKE TIME TO READ & UNDER- Kooloombah Grazing Co Lot 1,5,12,15,17 STAND THE FOLLOWING.” Maidenwell All bids and offers to purchase shall be treated as offers made upon the follow- ing ‘Conditions of Sale’ and all persons attending the sale or bidding at the sale Registered for GST shall be deemed to have notice of such conditions of sale. So therefore it is in your best interests to take a moment to read and endeavor to understand fully the following. Mervyn Loy Lot 7 1.INTERPRETATION In these conditions Auctioneer” means Hayes & Co and includes its officers and agents. “Purchaser” means person or Prenzlau corporation to whom any lot is sold as referred to in Condition 2. Ven- dor” means the person or corporation on whose behalf any lot is sold by the Hobby Farmer Auctioneer and where more than one shall mean each severally and any two or more jointly. “Purchase price” means the highest bid accepted by vendor or the vendors nominated price after the fall of the hammer. All purchase prices Michael Murphy Lot 2, 4, 6, 9, 13 are G.S.T. exclusive. If the vendor is G.S.T. registered the total amount payable will be the purchase price plus 10% G.S.T. Mt Walker 2. TYPE OF SALE. The sale shall be conducted on a “Sale” or “No Sale” ba- sis whereby the lot for sale shall be knocked down to the highest bidder. The Registered for GST sale will be subject to the acceptance of the highest bidder by the vendor who will immediately after the fall of the hammer declares “Sale” or “no Sale”. Should the vendor reject the bid of the highest bidder such bidder will have the right to Jal & Bonnie Severs Lot 18 purchase the animal at the vendor’s nominated price for one hour after the ani- mal has been passed out of the ring. Ebenzer 3. AUCTIONEERS’S DISCRETION. The Auctioneer shall have the right, in its absolute discretion, to: Determine who the purchaser is. Settle any dispute in Hobby Farmer such manner as it thinks fit. Withdraw any lot before or during the sale with no refund of nomination fee if the animal is not presented to a standard set by the Auctioneer. Advance the bidding as it thinks fit. Exclude any person from the sale venue: or Refuse to acknowledge any bid without giving any reason there- fore, and the Auctioneers decision shall be final and binding upon all persons. Page 7 Page 8 TERMS & CONDITIONS TERMS & CONDITIONS 4. RISK AND EXPENSE. (a) Upon the fall of the hammer each lot shall be 7. DELIVERY. The Auctioneer shall not be obligated to allow delivery of at the risk and expense in all respects of the purchaser and the purchaser shall any lot to the purchaser until; The Auctioneer shall have received from the pur- indemnify the auctioneer in respect of and pay to the auctioneer on demand all chaser full payment of all moneys payable by the purchaser to the auctioneer loss, damage, costs and expense incurred or suffered by the auctioneer in pursuant to the condition of sale (including the purchase price for the lot, unless respect of the lot while the lot is at the purchasers’ risk and expense. (b) Prior the auctioneer is satisfied that a prior credit or terms agreement in writing has to the fall of the hammer each lot shall be at the risk and expense in all re- been made with the auctioneer or vendor) or any other agreement, oral or writ- spects of the vendor and the vendor shall indemnify the auctioneer in respect ten, entered into between the auctioneer or the vendor and the purchaser and of and pay to the auctioneer on demand all loss, damage, costs and expenses until all bills or exchange tendered in payment have been cleared or accepted. incurred or suffered by the auctioneer in respect of the lot while the lot is at the The purchaser shall have completed, signed and delivered to the auctioneer a vendor’s risk and expense. (c) Notwithstanding any other provisions hereof, delivery slip in such form as shall be required by the auctioneer. The purchaser the auctioneer shall not be liable for any damage, loss or injury occurring to shall have compiled, to the satisfaction of the auctioneer, with all his other obli- any lot or to any person or property caused by any lot, whether the lot shall be gations under these conditions. The purchaser shall remove his lot from the sale in the custody, control or possession of the auctioneer or otherwise. (d) The venue within twenty-four (24) hours of the purchaser receiving delivery of the auctioneer may upon receipt of written instructions, make arrangements on lots. the purchaser’s or vendor’s behalf for the stabling, feeding, transportation or 8. PROPERTY IN LOTS. Notwithstanding any expressed or implied provi- general attendance to lots while at the sales venue provided that the auc- sions hereof to the contrary and notwithstanding that delivery of any lot may tioneer accepts no responsibility for any act or omission whether negligent or have been made or possession obtained all property in that lot shall not pass to otherwise in respect of the stabling, feeding, transportation of general attend- the purchaser until all moneys payable by the purchaser to the auctioneer pur- ance of any lot. (e) Any lot not sold or in respect of which any sale is any sub- suant to these conditions of sale in respect of the lot shall have been received sequently terminated shall remain at or revert to the risk and expense in all by the auctioneer and all bills of exchange Where delivery of any lot is made to respects of the vendor who shall arrange for the removal of the lot immediately the purchaser prior to property in the lot passing to the purchaser pursuant to following the sale. these conditions of sale purchaser shall hold the lot as ballee only and shall not 5. ACKNOWLEDGEMENT OF PURCHASE. On the fall of the hammer the deal with the lot in any manner inconsistent with the reasonable directions purchaser shall give their Bid Card Number to the auctioneer and provide to which may be given from time to time by the vendor and/or auctioneer. the auctioneer any such other information in respect of the purchase as the 9. DEFAULT BY PURCHASER. In the event that the purchaser breaches auctioneer may reasonably require. any of the conditions of sale and fails to remedy such breach within reasonable 6. PAYMENT. (a) The full purchase price shall be due and payable to time after receiving written notice from the vendor or auctioneer requiring such the auctioneer in Australian currency within one hour of the conclusion of the breach to be remedied, or all moneys payable to the purchaser to the auctioneer sale on the day of purchase time being of the essence, notwithstanding that pursuant to these conditions of sale shall not have been paid and liquidated by delivery may not have been made. (b) The auctioneer may in its absolute the due date for payment thereof, or where the auctioneer has, in its discretion, discretion reject payment otherwise than in cash. (c) The purchaser shall pay agreed to an extension of the date of payment (in which event time shall be of the auctioneer on demand all collection costs and expenses (including legal the essence in respect of such an extended date) and the same shall not have costs) incurred in recovering any payment from the purchaser. been paid by such extended date, the auctioneer or the vendor may at the time without prejudice to any other rights or remedies which the auctioneer or vendor Page 9 Page 10 TERMS & CONDITIONS COUNTRY APPAREL STORE may have at law or in equity and without notice to the purchaser. 1. Terminate 5380 CUNNINGHAM HIGHWAY, SILVERDALE, QLD the sale of the lot; and/or 2. Immediately retake possession of the lot and for that purpose the purchaser hereby irrevocably grants to the auctioneer and/or 8:30am – 4:00pm Monday to Friday vendor. 3. Full leave and licence to enter into or upon premises controlled by the 9:00am – 2:00pm Saturdays purchaser upon which the lot may be or may reasonably believed to be situated and to use any reasonable force as may be necessary for the purpose of repos- sessing the lot, or as agent of the purchaser to enter upon any other premises “It’s always a sale at Silverdale” upon which the lot may be or may reasonably be believed to be situated upon which the auctioneer and/or vendor may enter for purpose repossessing the lot, without notice to the purchaser and without liability to the purchaser or any per- son claiming under the purchaser, and/or resell the lot by auction or private sale at the risk and expense of the purchaser and if upon such resale a lower price is obtained then that for which the purchaser has agreed to buy the lot the auc- We pride ourselves on tioneer or vendor may recover the difference from the purchaser as a debt due on demand together with interest from the day of sale to the date of payment; Quality Country Clothing at Sale and/or exercise such other rights and remedies as the vendor or auctioneer may have against the purchaser in respect of the purchaser’s default including with- Prices every day from leading out limitation, recovering from the purchaser all costs and expenses incurred in repossessing or attempting to repossess the lot together with interest there on.