BARBADOS THOROUGHBRED (a) To refuse the bidding of any person without giving any reason; BREEDERS’ ASSOCIATION (BTBA) (b) To bid by themselves for any Lot; TERMS AND CONDITIONS OF THE FEBRUARY 2014 MIXED-SALE (c) To withdraw the Lot from sale at any time before it has been knocked down; and Sales are held subject to the following Conditions. Consignors, Purchasers and all who have (d) To fix a minimum price at any or all Sales. business shall be deemed to have full knowledge of these Conditions, and will be bound by them. (4) A Purchaser shall furnish his name and address to the BTBA immediately after a Lot Is knocked down to him and is immediately liable to pay the Purchase Price. Should the The BTBA shall not accept responsibility for loss or damage suffered or incurred by any Purchaser not sign the purchase ticket as acceptance of the transaction then the BTBA may, person while attending this or any Sale arranged promoted or conducted through death, at its discretion, put up the Lot for Auction again and re-sell it. Interest shall be charged on disease accident or any other cause whatsoever and whether to himself, his animals or other outstanding accounts not settled within 7 days of the date of the sale at the rate of 1.5% per property. month. All payments shall be made in the currency of Barbados Dollars. See also Paragraph 1 (7) (b) below. The BTBA retains the right to prohibit the entry to the Sales Paddock (or any other part of the premises where the sale is being conducted) of any animal which is suspected to be (5) A Lot shall be at the Consignor's risk while in the custody of BTBA. The BTBA shall not suffering from any disease or infection. be liable for loss, damage or injury, however caused to or by a Lot while in its custody and whether by disease, accident or otherwise howsoever, and whether to the person in charge “The Auctioneer” when used in these Conditions means the person who conducts the sale on or control of such Lot or to a Third Party. behalf of the BTBA. (6) A Lot purchased shall be removed from the Consignor’s premises not later than seven (7) "Consignor” when used in these Conditions shall mean the person, partnership or days after the date of sale. Lots will not be released until payment in full is made to the corporation named in the Entry Form as Owner of the Lot. BTBA. The word "Purchaser" when used in these Conditions shall mean the highest bidder to whom (7) If a Lot is purchased and not paid for as hereinbefore provided then the following a Lot is knocked down subject to the provisions of paragraph 1(2) hereof, and shall include a provisions shall take effect until payment is received: person who is the Consignor or a member of a Consignor Partnership. (a) Title to the Lot shall not pass to the Purchaser but shall remain vested in the Consignor, The word “Lot" when used in these Conditions shall include horses of all descriptions offered or in the BTBA should it have accounted to the Consignor for the proceeds of Sale. for sale by the BTBA, and the singular where used throughout these Conditions includes the plural. The term “Purchase Price” included in these Conditions of Sale shall be the price at (b) The BTBA shall be entitled to retain the Lot, and in respect of the period of such retention which the Lot was knocked down in the ring. shall have a lien over the Lot and all documents relating to it for all expenses, including freight, incurred by it or any Agent of its in keeping, maintaining, training, treating or “Sale Graduate” when used in these Conditions in the singular includes the plural and shall otherwise dealing with the Lot during such period of retention. Such lien may also be mean any horse for which an “Entry Fee” was paid and which subsequently passed through exercised in respect of the unpaid Purchase Price of other Lot or Lots or otherwise and an associated BTBA sale having been sold or unsold and for which due commissions are notwithstanding that such other Lot or Lots owned by the Purchaser. Such lien shall not be paid. This includes any horse sold within the immediate 7-day period following the sale for lost by reason only of the fact that the Lot is kept by the BTBA, or its Agents, elsewhere than which due commission has been received. It shall also include any horse for which an on its own premises. A Lot shall not be delivered to a Purchaser until the expenses “Eligibility Fee” was paid to allow that horse to benefit from the sale incentives without having mentioned have been discharged, in addition to the Purchase Price. to physically pass through the sale. (c) In the event of a Lot having been removed from the BTBA sales premises then the BTBA The term BTBA Sale shall refer to any auction owned, administered and/or held by the shall be entitled to repossess the Lot from anyone in possession of it and to retain it as Barbados Thoroughbred Breeders’ Association since 2010 (inclusive). Therefore, the word aforesaid. “Auction” in these terms may be used in certain instances in lieu of “Sale” (and vice versa) when intended as a noun. (d) Should the Purchaser fail to pay for a Lot then such Lot may at any time be resold by Public Auction or Private Treaty, and the deficiency (if any) resulting from such resale shall immediately be made good by the defaulting Purchaser. 1. RESERVES, BIDDING AND PRIVATE SALES (1) A Lot entered in the Catalogue and advertised for sale by the BTBA shall not be sold by (e) Nothing herein contained shall preclude the BTBA or the Consignor of a Lot from the owner before the auction of that Lot. Further, for any Lot sold privately within the 7 days pursuing all legal remedies available to them, or either of them, for the recovering of the immediately following the date of a BTBA sale, commission on that sale shall be due and Purchase Price from a defaulting Purchaser and all expenses and damages resulting from payable by the Consignor to the BTBA as set out in Condition 4. The BTBA is not to be under such default. any liability for any breach of this Condition by the consignor or his agent. (8) No undertaking by the BTBA, its servants or agents to take charge of a Lot previous to or (2) The highest bidder shall be the Purchaser. Should any dispute arise between two or more after a Sale, or to forward such Lot to a destination, shall be held to impose upon the BTBA bidders, the Auctioneer shall forthwith adjudicate on the dispute and the Auctioneer’s any legal obligation, or vitiate any of the foregoing conditions. Any person engaged to bring decision shall be final and binding on all parties. At the discretion of the Auctioneer, the Lot in and take away a Lot shall do so at the cost and risks in all respects of the owner of such Lot. dispute may be put up again for auction and resold. 2. DESCRIPTIONS OF A LOT, SOUNDNESS AND STABLE VICES (3) Bidding shall be in the currency of Barbados Dollars. No person shall advance less than (1) The BTBA shall not be liable for any statements made in the Catalogue or from the $500 up to $20,000; $1,000 up to $50,000, $2,000 up to $100,000; and $5,000 thereafter. Rostrum concerning a Lot listed therein for Sale, nor for any Description, Pedigree or The BTBA, as Agent for the Consignor, reserves the following rights:- Warranty expressed or implied on its behalf, such information being supplied by the Consignor who alone is responsible for its accuracy. In particular the BTBA does not warrant Whether a yearling or two-year-old is a Whistler and/or Roarer and has Laryngeal that a Lot is eligible for participation in any breeder's scheme notwithstanding that a Hemiplegia will be decided by a Veterinary Surgeon appointed by the Barbados statement to that effect or so implying may have been included in this Catalogue or made Thoroughbred Breeders’ Association. from the Rostrum. A Lot listed in the Catalogue is sold with its Engagements, Pregnancy Status and/or Produce Record and Pedigree details as listed therein, or announced from the If the Veterinary Surgeon determines that the yearling or two-year-old is a Whistler and/or Rostrum at the time of sale, such information being as represented by the Consignor. The Roarer he/she will then examine the horse to ascertain if it suffers from Laryngeal Hemiplegia BTBA will endeavour to have all Catalogue information correctly stated, but the Consignor is (Recurrent Laryngeal Neuropathy). The decision of the Veterinary Surgeon as to either or responsible for the correction of any error or omission and should notify the Auctioneer prior both of these examinations shall be final and binding on the consignor and the Purchaser. to the start of the sale. In the event of any dispute as to any of the foregoing matters the The re-examining Veterinary Surgeon may, at his discretion, defer a decision for a period of Purchaser's remedy, if any, shall be against the Consignor and the Consignor's remedy shall twenty-four hours after the yearling or two-year-old has been first presented to him for be against the Purchaser, and not against the BTBA who act as Agents between Consignor examination.