Catalogue of THE SOUTH DEVON & NEWTON ABBOT DISTRICT GRASS KEEP SALE * * * * * FOR SALE BY TENDER TENDER CLOSES 5PM TUESDAY 7TH APRIL 2020 RENDELLS 13 Market Street Newton Abbot TQ12 2RL Tel: 01626 353881 E-mail: [email protected] Please shut all gates after inspection. Most gates are locked take due care when climbing over. Only one person at a time may inspect each lot. PLEASE READ THE CONDITIONS OF SALE 1 CONDITIONS OF SALE 1. Tenders must be posted, handed in or sent by email to [email protected] - to be received no later than 5pm on Tuesday 7th April 2020. 2. An agreement will be posted to the purchaser of each lot on or before 9th April 2020. 3. Each Purchaser shall sign the grazing agreement on receipt, pay on each Lot half of the purchase price as a deposit plus commission of £25 plus 3% on the purchase price, subject to VAT, and a postdated cheque for the 1st October 2020 for the remaining balance. All payments are due to Rendells who will pay money into their Clients Account, Lloyds Bank, 41 Courtenay Street, Newton Abbot, Devon TQ12 2QW. 4. The Lots are believed to be correctly described, but not guaranteed to be so and no compensation, if claimed, shall be allowed on account of any error, should such exist, in stating the quantity, quality or otherwise of the respective Lots. 5. Each Lot shall be at the Purchaser’s risk as sold and shall be stocked until the termination date quoted in the catalogue. 6. The seller reserves the right to choose whichever bid they wish. 7. The fields or lots shall be stocked only as described in the catalogue and between the dates therein stated. 8. The Purchaser shall arrange to inspect his own stock, unless a written statement is made by the Vendor or in the Catalogue that the Vendor will provide attention and if the Vendor agrees to see the stock of the Purchaser or to give attention it is without obligation on the Vendor who accepts no liability for any accident straying death illness or damage by or to the Purchaser’s stock. 9. The Vendor gives the purchaser the personal right of access to the land for grazing or mowing (if permitted) and for no other purpose and reserves the right to enter upon any of the land at any reasonable time during the grazing season for the purpose of weed control, hedge cutting or any husbandry purpose and for the erection or provision of buildings or fixed equipment and for any other reasonable purpose. 10. The Purchaser Agrees:- (a) To stock the Land only with sheep (excluding Scotch sheep) or cattle (excluding Galloway cattle bulls and milking cows) or horses, as may be stated in the catalogue in respect of each lot, the stock shall be the property of the Purchaser only and under no circumstances shall stock belonging to any other person or party be allowed onto the Land. (b) To mow the Land only if mowing is permitted as stated in the Catalogue and then only in accordance with the provisions set out therein and to remove the cut crop in its entirety from the Land within 30 days of mowing. In addition to comply with DEFRA Cross Compliance rules the Purchaser must give the name and address of the business supplied with the removed grass to the Vendor and also the nature of the product (i.e. hay or silage) and quantity produced and also the date(s) when the product left the Land. (c) Not to carry out on the Land any activities other than grazing or mowing and not to erect or alter any building nor cut any trees or underwood nor make any alteration to the Land nor plough up re-seed or convert into tillage any of the Land nor to allow 2 any strip grazing nor any conserved fodder to be brought onto the Land nor fed by means of feeding racks. (d) To keep an appropriate number of stock on the Land so as to ensure that all of it is grazed or mown as appropriate and so to stock the Land as not to cause any deterioration of the ground or quality of the herbage and to comply with all directions of the Vendor or his Nominated Agent relating to distribution or numbers of stock on the Land at any time. (e) To be at all times responsible for the welfare and condition of the stock on the Land and to manage the stock in accordance with the Agriculture (Miscellaneous Provisions) Act 1968 and the Animal Welfare Act 2006 and the Welfare of Farmed Animals (England) Regulations 2007 as amended by the Welfare of Farmed Animals (England) (Amendment) Regulations 2010 and prevent them from straying away from the Land and that the Vendor shall have no liability or responsibility in respect thereof. (f) Not to allow any wild unruly dangerous or diseased stock to be on the Land and to remove from the Land forthwith any such stock and any casualty carcase nor to allow onto the Land any animal that may have had access to or been in contact with animals found to have an infectious or transmissible disease. (g) To be responsible for their stock and any damage caused by them and to be responsible for adequately insuring against third party damage due to trespass, straying or any other reason and to indemnify the Vendor against any claims made against him by third parties by reason of the Purchaser’s stock being on or having been on the Land and against any legal costs incurred by the Vendor in respect of any such damage or claims. (h) To be responsible for any damage to hedges gates posts fences boundaries or any other property of the Vendor which damage shall be assessed by the Vendor’s Nominated Agents whose decision shall be final and binding on both parties and the cost of such damage shall be paid forthwith by the Purchaser to the Vendor. (i) To indemnify the Vendor in respect of all claims made against him in respect of stock breaking from the land the subject of this Agreement and where the fields are stocked it shall be the Purchaser’s responsibility to ensure that there is adequate temporary fencing to keep the stock from damaging the hedges or hedge banks. (j) To comply with any limitations on stocking density or mowing or any other matters imposed by the inclusion of the Land within an Environmental Stewardship Scheme, Site of Special Scientific Interest, Countryside Stewardship Scheme or any similar official scheme and to do his best to ensure that no noxious or pernicious weeds appear on the land during the grazing season. (k) Not to do or allow to be done on the Land anything that is or would be likely to cause the Land to cease to be in Good Agricultural and Environmental Condition as defined by the Regulations relating to the Basic Payment Scheme and to indemnify the Vendor against any deductions from his Basic Payment or Environmental Stewardship payment or any similar payment arising from any act or omission by the Purchaser including any breach of the Statutory Management Requirements and Cross Compliance rules of the Basic Payment Scheme. (l) To be solely responsible as keeper of the animals for all compliance with the law on animal identification animal passports and movement recording and reporting for the animals. (m) Before moving animals onto the land to obtain a temporary CPH (Holding) Number or Temporary Land Association as appropriate for the Land from the Animal and Plant Health Agency using an IRA75form which will be enclosed with the agreement. (n) That as the keeper of the animals he will comply with all necessary regulations required for moving cattle or sheep onto the holding and to comply with all necessary regulations relating to Bovine TB. 3 (o) That as keeper of the animals you will record all relevant movements of animals onto and off the Land in his appropriate register and as necessary report those movements to the British Cattle Movement Service or other relevant authority with accompanying documents to be given or returned as required. (p) That as the keeper in charge of the stock grazing on the land you will notify the appropriate Divisional Veterinary Officer of such information as is required in respect of his access to the land for his stock while the Vendor has no such obligations to the livestock. (q) Not to waste water and to immediately report any leak of water to the Vendor or his Nominated Agents and to pay for all water consumed. (r) To be responsible for the consequences of any pollution of adjacent or nearby watercourses in respect of any substance running off or leaching from the land and to fully indemnify the Vendor in respect of all claims made for any such pollution either during or as a consequence of the occupation of the land for grazing or mowing. (s) Not to obstruct any public or private right of way or any access by any other party to any other land belonging to the Vendor nor cause a nuisance to the Vendor nor to any other person. (t) Not to make any claim under the Basic Payment Scheme on the basis of the Land. (u) To notify the Vendor of the number and species of stock on the Land whenever so requested. (v) If the grass is cut, to provide the Vendor with the name and address of any business supplied with the removed grass and also the nature of the product (i.e.