TERMS AND CONDITIONS
The Conditions of Sale following shall apply to all transactions entered into on www.standardbredsonline.com either as private sale or through the Silent Broodmare Auction. The conditions of sale shall be binding and all persons entering into any transactions shall be deemed to have knowledge of such Conditions.
1. DESCRIPTION
1.1 'Selling Agent' means www.standardbredsonline.com and includes its officers and agents. 'Vendor' means the person, corporation or syndicate manager on whose behalf any Lot is sold and where more than one, shall mean each severally and any two or more jointly. 'Purchaser' means the person or corporation to whom any Lot is sold. 'Lot' or 'Horse' includes gelding, colt, filly, mare or stallion. The expression 'Colt' includes rig or cryptorchid, namely male animals in which one or both testes have not descended into the scrotum from the abdomen, however, it is the responsibility of the Vendor to advise the Selling Agent that the 'colt' is a rig or cryptorchid if that be so.
1.2 Where the Purchaser of any Lot comprises more than one person or corporation, these Conditions shall bind each such person or corporation severally and any two or more of such persons or corporations jointly.
1.3 Where any Lot is purchased by a person as an agent for a principal, whether disclosed or undisclosed, such agent shall, without prejudice to the principals, obligations pursuant to these conditions, be personally bound to purchase the lot for the price accepted by the Selling Agent upon these conditions and the then 'Purchaser' shall be construed to mean each of the agent and the principal severally and both the agent and the principal jointly.
2. CONDUCT OF SALE
2.1 The Vendor or his authorised agent in respect of the Silent Broodmare auction must bid to a dollar value that they are happy at that point to put their lot on the open market. THE SILENT BROODMARE AUCTION IS UNRESERVED. The Selling Agent calls for bids. These bids will be listed on the website www.standardbredsonline.com The highest bidder at the close of bidding ie at end of extended time if applicable will be deemed the purchaser.
2.2 The Selling Agent's decision is final and binding.
2.3 The Selling Agent shall have the right and absolute discretion to:
(i) determine who is the Purchaser;
(ii) settle any dispute in such a manner as it thinks fit;
(iii) withdraw any lot before or during the sale
2.4 In the event of two or more postal bids being date stamped on the same day, the Selling Agent has the authority to negotiate on the Vendor's behalf with all bidders.
2.5 Any lots sold will be sold in currency of the country where the horse resides (either NZ or Australian currency)
2.6 A horse is considered sold when the Vendor and Purchaser have been notified by the Selling Agents.
3. VENDOR'S OBLIGATIONS
3.1 The Vendor guarantees that the particulars provided on the nomination form are correct in respect of:
(i) identity of the horses
(ii) in the event of broodmares, their positive tests or otherwise
(iii) in the event of any other horses, that no bone fractures or chips affecting racing soundness would be found by veterinary examination at the time of nomination, and that the horses are and have not suffered from founder, colic and have never been fired and/or de-nerved.
3.2 The horses remain the property of the vendor until written advice of sale by the selling agents.
3.3 That www.standardbredsonline.com has sole agency on nominated horses into the Silent Broodmare Auction for up to one calender month after close of the auction that the mare was entered and offered.
3.3a That www.standardbredsonline.com has sole agency on horses listed in all sales categories, i.e. Race horses, Mixed stock and broodmares for a period of 28 days from date of listing. Commission is applicable upon sale through www.standardbredsonline.com or should sale be through any outside source commission will still be payable on such sale to www.standardbredsonline.com for a period up to and including the 28 days for which the horse is listed.
3.4 Commission payable is 9% of sale price on all completed sales including GST. Minimum commission of $90.00 incl GST (or amount agreed by negotiation) is payable on any completed auction sale.
3.5 All horses entered for sale as Private sales on www.standardbredsonline.com (ie Racehorses, Mixed Stock, Broodmares not participating in the monthly auction) etc, can be entered for sale at anytime by sending all details including asking price to info@standardardbredsonline.com There is no nomination fee payable for the private sale fixed price horses but the vendors who enter and load their own horse/horses for sale agree that 9% incl GST from the agreed sale price will be deducted as commission. If horse/horses are loaded onto the website by www.standardbredsonline.com for sale on behalf of vendors then commission of 9% plus GST from the agreed sale price will be deducted as commission plus an administration fee of $25 incl GST. Minimum commission of $90.00 incl GST is payable (or amount agreed by negotiation) on any completed sale.
www.standardbredsonline.com at all times reserves the right to accept or reject any horse nominated to be offered for sale.
3.6 That in the event of all broodmare auction sales, the vendors agree to www.standardbredsonline.com deducting the sum of 9% incl GST from the agreed sale price for commission. If horse/horses are loaded onto the website for the silent broodmare auction by www.standardbredsonline.com on behalf of vendors then a fee of $25 incl GST in New Zealand or $25 including GST in Australia per horse will be payable if horse sells.
3.9 That Vendor warrants that the horse is in sound health and is not suffering from founder, and that a recognized veterinarian would find such horse to be of suitable health as to warrant a sale.
3.10 Any horse not in accordance with this warranty and its condition may, at the direction of the Selling Agent, be returned to the Vendor and the purchase price refunded to the buyer.
3.11 In the case of a return to the Vendor, as in the preceding condition, the Vendor shall be responsible for and shall pay for all proper expenses incurred by the selling agent and the buyer for the care, feeding and transport of the horse from the fall of the hammer until its return to the Vendor.
3.12 The Registration Certificate or appropriate form for the horse must be furnished to the Selling Agent by the Vendor fully executed for transfer and the Selling Agent may withhold from the Vendor settlement of the proceeds of the sale until such appropriate forms have been delivered to the Selling Agent.
3.13 Vendors guarantee that any fillies or mares entered will not be in foal at the time of the Broodmare Silent Auction unless otherwise stated in the auction.
4. HOLDING AND DELIVERY
4.1 The Vendor agree to keep, feed and maintain to its usual standard, any sold horse, for a period of seven days from the date of sale, and to co-operate with the Selling Agent for the transport of any such horse.
5. BIDDING
5.1 Bids will be accepted direct to www.standardbredsonline.com or
(i) by mail to Standardbredsonline Ltd, 7 Rolleston St, Hokitika, West Coast, New Zealand 7810
5.2 No bids will be accepted later than 3 p.m. New Zealand time on 28th of each month, except in the case of two bids of the same value and also when Extend Bid comes into effect. Extend Bid is when a bid is made in that last 5 minute of bidding i.e. from 2.55pm to 3 pm and that bid will over rule the 3PM close off. The close off will then be 5 minutes from the last registered bid - if no other registered bid is made.
N.B. Regardless of any situaton, the selling agent shall have the right and absolute discretion to determine who is the purchaser, as per conditions above i.e. 2.3 (i), (ii) and (iii)
5.3 The Broodmare Silent Auction is to be conducted as a GST exclusive sale. When the vendor is registered for GST, 12.5% GST will need to be added to the final price for all NZ based horses sold. In respect of Australian based horses 10% GST will need to be added. The purchaser (if registered) will be able to make a claim for the GST component. When the vendor is not registered, GST will not be added to the sale price.
5.4 Successful purchasers will be notified by www.standardbredsonline.com
6. RISK AND EXPENSE
6.1 The Purchaser will be responsible for livery, agistment and transport charges on any Lots not removed seven days after the date of sale, and they may be moved to alternate stables or agistment at the Selling Agent's discretion. Payment of Lots shall not be regarded as made until such charges have been paid.
6.2 Notwithstanding any other provisions hereof, the Selling Agent shall not be liable for any damage, loss or injury occurring to any Lot or to any person or property caused by any Lot, whether caused by disease, accident, the negligence of the Selling Agent or otherwise and whether the Lot shall be in the custody, control or possession of the Selling Agent or otherwise.
6.3 The Selling Agent may upon receipt of written instruction to do so, or where the Selling Agent in its absolute discretion considers it desirable to do so, make arrangements on the Purchaser's or Vendor's behalf of the stabling, feeding, transportation or general attendance to Lots.
6.4 Any Lot not sold, or in respect of which any Sale is subsequently terminated, shall remain at or revert to the risk and expense in all respects of the Vendor.
7. PURCHASE AND PAYMENT
7.1 On such advice from the Selling Agent that the bid has been successful, the Purchaser shall transfer the applicable funds to cover such purchase price in currency as requested as per invoice into the bank account of www.standardbredsonline.com which shall be advised, within 48 hours, or shall express mail to Standardbredsonline Ltd,7 Rolleston St, Hokitika, West Coast, New Zealand 7810 within 48 hours of such advice. In no case must any part of the purchase money be paid direct to the Vendor by the Purchaser, as such payments will not be valid or entitle the Purchaser to obtain horses.
7.2 Horses are sold with all engagements, if any.
7.3 The Selling Agent may in its absolute discretion reject payment otherwise than in cash.
7.4 The Purchaser shall pay to the Selling Agent on demand all collection costs and expenses (including legal costs) incurred in recovering any payment from the Purchaser.
7.5 No rebate shall be allowed to any Bloodstock Agent accepting an invoice on behalf of a Purchaser.
8. INSURANCE
8. 1 The Purchaser will be notified in writing by the Selling Agent; at that stage, the Purchaser may arrange insurance.
9. PROPERTY AND TITLE IN LOTS
9.1 Notwithstanding any express or implied provisions hereof to the contrary and notwithstanding that delivery of any Lot have been or possession obtained, title in a Lot shall only pass to the Purchaser when the payment in full of all monies payable by the Purchaser to the Selling Agent in keeping with these Conditions of Sale in respect of the Lot have been credited to the Selling Agent's account with its bank on the negotiation of any cheque or overseas telegraphic transfer accepted by the Selling Agents in respect of the purchase price.
9.2 Where delivery of any Lot is made to the Purchaser prior to title in the Lot passing to the Purchaser pursuant to these Conditions of Sale, the Purchaser shall hold the Lot as bail only and shall not deal with the Lot in any manner inconsistent with the reasonable directions which may be given from time to time by the Vendor through the Selling Agent.
9.3 Until title of the horse has passed to the Purchaser, the Purchaser shall not exercise or purport to exercise any rights of ownership or possession including, without limitation, registering or racing the horse.
9.4 In the event of payment not being made in full, the Purchaser shall at all times inform the Selling Agent of the address of the premises at which the Lot is, for the time being, situated.
10. DEFAULT BY PURCHASER
10.1 In the event that the Purchaser breaches any of these conditions and fails to remedy such breach within reasonable time after receiving written notice from the Vendor or Selling Agent requiring such breach to be remedied, all monies payable by the Purchaser to the Selling Agent pursuant to these Conditions shall have been paid and liquidated by the due date for payment thereof, or where the Selling Agent has, in its discretion, agreed to an extension of time for payments (in which event time shall be of the essence in respect of such extended date) and the same shall not have been paid and liquidated by such extended date, the Selling Agent or Vendor may at any time without prejudice to any other rights or remedies which the Selling Agent or Vendor may have at law or in equity and without notice to the Purchaser:-
10.2
(i) terminate the sale of the Lot; and/or
(ii) immediately retake possession of the Lot and for that purpose the Purchaser hereby irrevocably grants to the Selling Agent and/or Vendor full leave and licence to enter into or upon any premises controlled by the Purchaser upon which the Lot may be or may reasonably be believed to be situated and to use any reasonable force as may be necessary for the purpose of repossessing the Lot, or as agent of the Purchaser to enter upon any other premises upon which the Vendor may enter for the purpose of repossessing the Lot, without notice to the Purchaser and without liability to the Purchaser or any person claiming under the Purchaser; and/or
(iii) 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 than that for which the Purchaser has agreed to buy the Lot, the Selling Agent or Vendor may recover the difference from the Purchaser as a debt due on demand together with interest from the date of Sale to the date of payment; and/or
(iv) exercise such other rights and remedies as the Vendor or Selling Agent may have against the Purchaser in respect of the Purchaser's default including, without limitation, recovering from the Purchaser all costs and expenses incurred in repossessing or attempting to repossess the Lot together with interest thereon and recovering from the Purchaser any expense of Sale, re-Sale, livery, and agistment and Selling Agent commission so incurred; and/or
(v) retain any deposit or part payment to the extent often per cent (10%) of the purchase price for the benefit of the Vendor.
10.3 The Selling Agent shall be under no liability for the loss, if any, incurred by the Vendor, by reason of the failure on the part of the Purchaser to complete this purchase.
11. RIGHTS AND LIABILITIES OF SELLING AGENT
11.1 The Selling Agent is selling any Lot as agent for the Vendor, who is disclosed in the Sales conditions in respect of the Lot. Further particulars of the Vendor of any Lot shall be furnished by the Selling Agent immediately upon request. Except, as otherwise expressly provided to the contrary, the Selling Agent has no liability or rights as principal in the capacity of a Vendor.
11.2 In the event of a dispute including without limitation, as to defects in title, misdescription, pedigree, condition or otherwise, the Purchaser and the Vendor shall settle the matter between themselves and the Purchaser shall have no rights against nor return any Lot to the Selling Agent which acts in respect of the Sale merely as agent for the disclosed vendor.
11.3 Notwithstanding any representation or action by the Selling Agent which may indicate the contrary, the Selling Agent shall be under no liability to the Vendor in respect of the Purchaser's failure to complete his purchase in accordance with these Conditions of Sale.
11.4 If the Selling Agent accounts to the Vendor for the purchase price or the balance of the purchase price owed to the Vendor less any monies owed by the Vendor to the Selling Agent, before the purchase price and other amounts payable by the Purchaser have been paid, title to the Lot shall thereupon pass to the Selling Agent, and the Selling Agent shall have the right and remedies under these Conditions as if it were the Vendor.
11.5 The description of the Lots has been provided by the Vendors, and the Selling Agent shall not be liable or responsible for any error whatsoever in the description of the Lot.
11.6 The rights and remedies of the Selling Agent under these Conditions shall not be affected by reason of the selling commission and charges of the Selling Agent having been deducted by the Selling Agent from any payment made by the Selling Agent to the Vendor. As between the Purchaser and the Selling Agent, the Purchaser waives all rights of set off, if any, the Purchaser may have against the Vendor as between the Purchaser and the Vendor.
11.7 The Selling Agent or its servants may sign any Memorandum of Sale on behalf of either the Vendor or the Purchaser or both.
11.8 The Selling Agent reserves all rights to use or publish details of biddings, the identity of the Vendor and the Purchaser and all matters related to the sale of any Lot as it thinks fit.
11.9 The Selling Agent shall pay to the Vendor the net proceeds of Sale upon the expiration seven (7) days following the close of bidding, provided always that payment shall not be made until:
(i) payment of the purchase price has been made by the Purchaser in full;
(ii) the delivery of the horse has been taken by the Purchaser.
(iii) all registration documents have been completed, signed and delivered to the Selling Agent; and
12. CONDITIONS AND WARRANTIES
12.1 Other than for any express conditions, warranties or representations including herein, or as may be implied by legislation and which may be excluded by agreement:
(i) all conditions, warranties and representations in respect of a Lot or a Sale are hereby excluded;
(ii) no condition, warranty or representation is given or implied or any be inferred from any affirmation made at or before the Sale or any of the circumstances of the Sale; and
(iii) the Purchaser acknowledges that, in making any purchase, he is relying solely on his own enquiries and inspection, and that he has not relied or been induced by any statement or representation made by the Vendor or the Selling Agent or by any person purporting to act on their behalf.
12.2 Subject only to the express provisions of these conditions, each lot is sold with all its faults.
13. ROARERS, WINDSUCKERS, WOBBLERS, IMPAIRED VISION, CRYPTORCHID (RIG)
13.1 For the purpose of this Condition:
"Windsucker" shall mean a Lot which suffers from the vice of noisily drawing in and swallowing air through its mouth;
"Wobbler" shall mean a Lot which stands or moves unsteadily or with uncertain direction;
"Roarer" shall mean a Lot which suffers from a disease causing it to make a loud noise when breathing under exertion;
"Impaired Vision" refers to impaired sight in one or both eyes.
"Cryptorchid (Rig)" shall mean a colt in which one or both testes have not descended into the scrotum from the abdomen.
13.2 Should any Lot be a Windsucker, Wobbler, Roarer or Cryptorchid (Rig) or to the knowledge of the Vendor have shown any symptoms of being so, the Vendor shall disclose such fact to the Selling Agent to enable the Selling Agent to disclose such fact to prospective bidders. Any horse that has impaired vision will not knowingly be offered for Sale.
13.3 In the event that any Lot proves within seven (7) days after the Sale to be a Windsucker, Wobbler, Roarer or Cryptorchid (Rig) or to have been sold with impaired vision;
(i) the Purchaser produces to the Selling Agent or Vendor prior written certification obtained at the cost of the Purchaser that the Lot is a Windsucker, Wobbler, Roarer or Cryptorchid (Rig) or has impaired vision, as the case may be, signed by an independent Veterinarian nominated by the Selling Agent; and
(ii) the Selling Agent or Vendor did not disclose at the Sale that the Lot was or showed symptoms of being a Windsucker, Wobbler, Roarer or Cryptorchid (Rig) or having impaired vision, as the case may be, the Purchaser may terminate his purchase of the Lot by giving the Selling Agent written notice of termination within seven (7) days after the date of Sale provided that the Purchaser shall upon termination at his own cost and expense, return the Lot to the address of the Vendor specified in the Sales catalogue. The decision of the independent Veterinarian nominated by the Selling Agent as to whether any Lot is a Windsucker, Wobbler, Roarer, Cryptorchid (Rig) or has impaired vision, shall be final and binding on all parties.
13.4 Where the Purchaser terminates his purchase and returns the Lot to the Vendor pursuant to Condition 13.3, he shall be entitled to a refund from the Vendor of all purchase monies paid in respect of the Lot and upon receiving same shall have no further claim against the Selling Agent or Vendor.
14. PREGNANCY TESTS AND DATES OF SERVICE
14.1 Horses listed will be sold with the engagements, pregnancy status and/or produce record as listed herein only, to whom buyer shall look for redress in case of errors or omissions. The Selling Agent has endeavoured to have all pedigree and engagements correctly stated, but is not responsible for errors and omissions. Purchasers are therefore cautioned to verify statements as made on the site.
15. IN FOAL MARES, LIVE FOAL GUARANTEES, FREE RETURNS
15.1 It is assumed that all broodmares listed and/or sold through www.standardbredsonline.com that are described as being served or described as being in foal, that all applicable stallion services come with a LFG (Live Foal Guarantee) or a free return. It is the total responsibility of any intended purchaser of a broodmare on this site to contact and confirm with all applicable stallion owners/managers/studmasters that a LFG or free return is applicable to the stallion service for the mare in question.
15.2 www.standardbredsonline.com and/or its principals do not take any responsibility for studs undertakings, failings and/or decisions they make regarding LFG or free return conditions.
16. ATTORNEY
16.1 The Vendor and the Purchaser for the purpose of enabling the Selling Agent to give full force and effect to these Conditions, each irrevocably appoint the Selling Agent his true and lawful attorney, with full power in his name or in the name of the Selling Agent to do all such things, to take all such action, to sign and execute all such documents, and to give such instructions for the purpose of these Conditions as may be necessary or in the Selling Agent's opinion desirable, and hereby agrees to ratify and affine anything done by the Selling Agent as such attorney.
17. TIME LIMITATION
17.1 No action, proceeding or claim may be brought or made against a Vendor or the Selling Agent in respect of or in any way arising out of or connected with a Lot or Sale or purchase of a Lot by a Purchaser unless such claim is made or such action or proceeding is commenced within ten (10) days of the conclusion of bidding of the Silent Broodmare Auction or of a private sale, and no defence may be maintained or raised and no counter-claim may be brought or commenced to any claim, demand or proceeding for a payment of the purchase price unless notice of such defence or counter claim and the particulars thereof are given to the Selling Agent within ten (10) days of the conclusion of bidding of the Silent Broodmare Auction or private sale.
DISCLAIMERS
For the information of the Purchaser, the Selling Agent has provided certain information on the horses offered for Sale. Any information is obviously subject to constant change and revision and its subsidiaries, officers and agents for themselves and for those for whom they act, provide all information without responsibility and give no guarantee whatsoever as to its accuracy. All persons who purchase at the Silent Broodmare Auction or through private sale do so entirely at their own risk and neither (the Selling Agent) its subsidiaries, officers or agents for themselves and for those whom they act, nor the Promoter, its subsidiaries, officers or agents for themselves and for those for whom they act assume or accept any responsibility or liability of whatever nature for any injury or damage whatsoever which may occur to any person or property. |
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