BHA Transfer Conditions of Sale Conditions of Sale Transfer of Ownership Updated July 2019 6. Process 6.1. Goffs will inform Weatherbys 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 by Goffs UK or is under common appropriate) with any liability to immediately aer the Sale, should be emailed to Weatherbys at Goffs UK. [email protected], other applications should be submitted control with 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 the foregoing, Goffs Country 6.5.2. Transfer of Engagement; 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 2.1.4 Goffs UK reserve the right to error or omission. Goffs UK shall behalf of the owner shall be discretion of the auctioneer, no not be liable for any statements charge full commission of 7.5% deemed to be the Vendor.