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EQUINE AUCTIONS IRELAND

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GENERAL TERMS AND CONDITIONS OF AUCTION SALES ©

 

These Conditions of Sale apply to all Lots sold at this Auction.

 

Definitions 

In these terms and conditions, the following terms have the following meanings;

 

The Auctioneer’’ shall mean Denis Barrett Auctioneer.

 

A “Bidder” is any person who places a bid in an auction

 

Hammer price” is the amount of the highest bid accepted by the Auctioneer at the time the auction is complete.

 

Lot’’ shall mean and include horses of all descriptions offered for sale at an auction by the auctioneers.

 

Purchase price” means the price in Euros as determined by the Auctioneer when all commission, costs, expenses, fees and charges are added to the hammer price.

 

 “The Purchaser” shall be the maker of the highest bid accepted by the Auctioneer subject to the right reserved to fix a minimum selling price at all or any Sales and subject to any reserve price.

 

The Vendor” shall be the person or persons stated in the sales entry form to be the owner or owners of the Lot. Where an owner is not named in the Entry Form or in the case of a partnership the person who enters the Lot for sale shall be deemed to be the Vendor

 

  1. Registration of an account

Users may access and view certain areas of the Platform without registering their details including the Listings pages. However, certain functions may only be carried out by persons who have been duly registered.

  1. To participate in an auction and complete a purchase, registration is required.
  2. Each user warrants and represents that all information and documents provided is and shall be up-to-date, accurate and not misleading.
  3. You must create and register an Auction Account before you will be able to Bid in an Auction.
  4. In order to Bid in an Auction, we will ask you to provide to us and/or our Payment Processor certain information and documentation which may include, without limitation:
    1. Proof of your identity;
    2. Proof of your address;
    3. Your solicitor's details; and
    4. Your bank details, credit card, debit card or other means to complete a transaction.
  5. Notwithstanding the generality of the foregoing, Members may be required to upload securely to the Platform relevant identification and verification information and supporting documents, which may include, without limitation:
    1. In the case of an individual we may require a copy of a Government issued form of photographic identification along with proof of address which must be dated within the last three months.
    2. In the case of an individual acting on behalf of a third-party individual, we will require copies of the above documents for each individual party to the transaction, and;
    3. Where applicable, certain further information and documentation relating to any represented person.
  6. Where you are acting as agent for a proposed nominee Purchaser, and the precise person or entity details of such proposed Purchaser are known prior to the Auction, we may also require you to provide relevant identification and verification information and supporting documents in respect of that person.
  7. Where the precise identity of such proposed nominee Purchaser is not known prior to the Auction and you are the winning Bidder, you will be required to submit relevant identification and verification information and documentation within one Business Day of the close of the Auction.
  8. All such applications will be reviewed and as with all such items we may decline to register an account application
  9. Where necessary, we reserve the right to make further due diligence enquiries and to seek further verification and/or implement such controls and monitoring with respect to relevant registrations or attempted registrations as may be necessary to maintain our requirements.
  10. You may choose to register at our Site. If you do, you will have an email address (username) and password for your account. Maintaining your account, username and password will fall within the remit of the account holder. This includes all security and passwords and for restricting access to your computer. For the avoidance of any doubt, in completing the registration process, you agree to accept responsibility for all activities that occur under your account, username and/or password. It is your obligation to treat this information with the confidentiality it deserves. We recommend not disclosing this information to any person.
  11. We have the right (in our absolute discretion) to disable any username or password, whether chosen by you or allocated by us, or suspend or terminate your Auction Account, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms or if for any other reason it appears to us that suspicious activity has occurred on the account. The Auctioneer shall not be liable for any loss arising therefrom.
  12. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide that we are required to do so, whether for security reasons or otherwise.

 

  1. Bidding
  1. Once a Member is registered to Bid, and all matters are completed to the satisfaction of the Auctioneer, a Bidder may submit offers on Lots by bidding. By participating in an Auction, the Bidder accepts they have unconditionally agreed to the terms and procedures applicable or declared applicable. Bids can be made by
    1. A Member Clicking on the appropriate button on the relevant Listing page for the Lot for which they wish to Bid on, or;
    2. Submitting a starting Bid and maximum Bid amount, or
    3. By telephone or other suitable means at the Auctioneer’s discretion.
  2. The bidding process is subject to the following terms and conditions
    1. Once a Bid has been lodged it cannot be withdrawn.
    2. The applicable Bidding increments shall be set out on the applicable Lot and the Auctioneer shall have full discretion to set such increments and to divide, resell, withdraw or bid on any Lots.
    3. The highest unique Bid meeting or exceeding the Reserve Price shall be deemed the winning Bidder.
    4. Each Bidder acknowledges and accepts that even if such Bidder lodges the highest valid Bid in respect of a Listing then such Bid shall not constitute the winning Bid except where the amount of such Bid meets or exceeds the Reserve Price and the Bid has been accepted by the Auctioneer
    5. If from time to time two or more Bidders attempt to lodge identical Bids, the first Bid received and acknowledged by the Auctioneer will take precedence.
    6. Each Bidder will be notified of the outcome of an Auction at the end of the Auction.
    7. From the moment that the Auction ends, the winning Bidder will be personally legally bound to purchase the Lot for the Purchase Price, plus VAT and charges if applicable.
    8. The winning Bidder hereby irrevocably authorises the Auctioneer, at the end of the Auction, to sign any documents on behalf of the winning Bidder.
    9. The winning Bidder hereby indemnifies the Auctioneer against all liabilities howsoever arising including an indemnity to costs, expenses, damages and losses suffered or incurred by the Auctioneer arising out of or in connection with the Purchaser's breach of the Contract of Sale, and in addition where the winning Bidder and the Purchaser are not the same person, the winning Bidder and the Purchaser hereby jointly and severally indemnifies the Auctioneer
    10. The winning Bidder warrants and represents that that they are able and authorised to purchase the Lot including where they act for a company.
    11. If there is a dispute between two or more Bidders, the Auctioneer is authorised to offer the Lot for sale whether at auction or otherwise, and will retain all rights to enforce any contractual terms created by the disputed purchase including any charges or costs payable. The Auctioneer is the sole arbiter as to the existence of any dispute in connection with the conduct of the sale. If a dispute arises, then the Lot so disputed may be immediately put up again and re-sold in accordance with these terms. The Auctioneer shall have full discretion to decide the highest bidder in the event of any dispute in respect of bidding.
    12. The Auctioneer may refuse to accept a Bid in without notice or providing any reason.
    13. The Auctioneer will be under no liability to a Bidder or the Purchaser in respect of any loss or damage suffered by a Bidder or the Purchaser as a result of the exercise of the rights under these Terms.
    14. The Bidder is obliged to follow instructions and directions given in the context of the Auction and no liability attaches for the failure to follow instruction or for any failure of the Platform.
    15. Once a bid is made, this bid is an offer to purchase the particular Lot for the sum offered in addition to other expenses and charges which may arise and the utmost care must be taken before this step is undertaken. A Bidder is bound by such a bid, which is considered irrevocable and unconditional. The Bidder bids and is held to this bid until a higher bid is accepted.
    16. The Bidder cannot rely on any alleged bidding errors or mistakes, typographical errors, or other mistakes or alleged unauthorised use when placing a bid at an Auction. 

 

  1. The Auction
  1. The Auctioneer shall be entitled to delegate performance of appropriate services from time to time by instructing one or more other persons, firms or companies upon such terms as we consider appropriate in our sole and absolute discretion
  2. The Auctioneer shall use our reasonable endeavours to provide online Auction facilities through the Platform and to hold the Auction on the date and time referred to and advertised in the Listing
  3. In the event of a failure of internet connectivity, hardware, servers or software or any other issue affecting our ability to run the Auction and/or the Platform or your ability to access the Platform and, where applicable, make Bids and/or send/receive notifications, the Auctioneer reserves the right to suspend or cancel an Auction. Wherever possible, and subject to instructions from the Vendor, we shall use our reasonable endeavours to re-list or re-start any affected Auction in the most expedient way possible
  4. Our decision on the conduct and outcome of the Auction via the Platform shall be final
  5. We may cancel or rearrange an Auction at our discretion and shall not be liable to any person for any loss or damage suffered by reason of the fact that the Auction is not or cannot be held at all or at the date and time referred to in the Listing
  6. We reserve the right to declare all results of the Auction as being null and void for any reason in our sole and absolute discretion without providing a reason
  7. We may elect to divide Listings into multiple Lots or combine more than one Lot into a single offering where the need arises
  8. A Lot may be sold or withdrawn from sale prior to the commencement of the Auction
  9. The lot will be sold in accordance with the terms of these conditions and any special conditions of sale where applicable and indicated or referenced in the relevant Listing
  10. Our Online Auction closes on a predefined date and time. 
  11. The duration of the Online Auction is indicated on the Auction website and this time may alter depending on the particular auction.
  12. The Auctioneer reserves the right to alter the closing time for any particular auction or Lot offered for whatsoever reason arising and shall make all reasonable efforts to publish same prior to the new closing time but shall not be liable for any loss arising from such an alteration. Any interested person is strongly encouraged to ensure that the closing time remains unaltered.
  13. The Auctioneer shall at all times have discretion to determine the order of the Auction. The Auctioneer has the right to deny anyone access or participation in or for the Auction without giving reasons, or to impose conditions.
  14. For the avoidance of any doubt the said rights are in addition to the rights reserved in respect of the registration of accounts.

 

  1. Commission and Fees
  1. A Commission is payable by the Vendor at the rate of 1.5% of the price of each Lot sold by auction.
  2. The Purchaser shall pay a premium of 5% of the Hammer Price.
  3. The Purchaser acknowledges that the Auctioneer will receive commission in accordance with Conditions of Sale from the Vendor. By making a bid prospective Purchasers agree that they have read and accept the terms and conditions of the auction.
  4. Commission and Fees are subject to VAT or equivalent where applicable.

 

  1. Payment by Purchasers
  1. The Purchaser must pay the Purchase Price in Euros to the Auctioneer within 3 calendar days of the full sum demanded, whether by electronic communication or otherwise and whether acknowledged as received or not, by the manner requested and agree to provide details of such transfer or payment upon doing so.
  2. If the Purchaser shall fail to pay to the Auctioneer within the agreed time the Purchase Price and any interest due thereon pursuant to these Conditions then the Auctioneer shall be entitled to sue for the full amount of the Purchase Price and interest thereon as a money debt incurred and provided always that the Auctioneer shall be under no duty to sue to recover the proceeds of any prospective sale to the Vendors. The Vendor warrants as such and further warrants that nothing which the Auctioneer does, or does not do, shall affect the right of the Vendor to enforce any right he may have against the Purchaser.
  3. All payments are made and/or sent at the risk of the Purchaser and, if different, the payer.
  4. The Purchaser shall indemnify the Auctioneer in respect of any loss suffered or costs incurred, disbursements or expenses by reason of bringing or defending any proceedings or otherwise howsoever arising from any act or omission by the Purchaser in connection with the sale of a Lot.

 

  1. Vendors
  1. The Vendor shall be entitled to receive the proceeds of sale of each Lot sold (less any commission and fees due) on but not before the 30th day following the last day of each Sale provided that the Auctioneer;
    1. Has received the full amount of the purchase price or released the Lot from the Premises, and
    2. Is satisfied that a dispute has not arisen in respect of the Lot, or in connection with payment for the Lot, and/or the proceeds of sale thereof whether under these Conditions of Sale or otherwise, and
    3. Shall incur no liability in the event of withholding payment pursuant to this Condition and the Vendor expressly acknowledges this. Wheresoever arising, the Vendor also acknowledges that the Auctioneer is entitled to release a Lot from its premises without first having obtained payment, and
    4. Has not resold a Lot pursuant to a sub-condition or otherwise
  2. In any case where the Auctioneer has received the purchase monies from the Purchaser but has been notified of a dispute, the Auctioneer will account for the said monies when the said dispute has resolved either by agreement or, failing agreement, by court proceedings. Where a Vendor is indebted to the Auctioneer, the proceeds of sale of each Lot sold (less any commission and fees due) may be immediately credited against the Vendor’s outstanding account. Any credit balance remaining on the account after the debt has been discharged shall then be paid to the Vendor in accordance with this Condition.
  3. All payments are made and/or sent at the risk of the Vendor and, if different, the payee.
  4. The Vendor shall indemnify the Auctioneer in respect of any loss suffered or costs incurred, disbursements or expenses by reason of bringing or defending any proceedings or otherwise howsoever arising from any act or omission by the Vendor in connection with the sale of a Lot.

 

LIMITATION OF LIABILITY

  1. Price Disclaimer
  1. Prices are subject to change at any time. We reserve the right to refuse to honour any incorrect prices as we cannot naturally account for occasional human error.

 

  1. Listings
  1. The Vendor will use reasonable endeavours to make Listings for forthcoming Auctions available for viewing and any person who wishes to make an enquiry of a Vendor should contact the Vendor as referenced in the applicable Listing.
  2. The Auctioneer accepts no responsibility for, and, to the fullest extent permitted by law, exclude any liability for, any loss or damage whatsoever arising out of or related to the accuracy or completeness of any information contained in a Listing or for any action taken in reliance on such information by any person. We do not make any representation or give any warranty, guarantee, condition, undertaking or term either expressed or implied as to the condition, quality, state of readiness or fitness for purpose of any Lot and all information is provided by the Vendor.
  3. Notwithstanding the generality of the foregoing, please note that save where otherwise expressly provided;
    1. Any descriptions, references to condition and all and any other details are provided by the Vendors. The Auctioneer provides these in good faith for information purposes only and no person should infer the Auctioneer is urging any reliance on them as statements or representations of fact or otherwise
    2. Each Lot is sold as it stands and there is no term implied in any sale that any Lot is of satisfactory quality or is fit for training or any particular purpose and the Auctioneer does not warrant that any Lot is eligible for participation in any scheme or race notwithstanding any announcement or notice in a catalogue or otherwise by the Vendor.
    3. All persons must make up their own mind about each lot by using common sense before bidding. We strongly urge that all satisfy themselves by inspection or otherwise as to the correctness of each of them; and
    4. All commentary, descriptions, figures, plans, images, representations and veterinary certificates are provided by Vendors and not the Auctioneer.
  4. No person employed or engaged by the Auctioneer has any authority to make or give any representation or warranty whatever in relation to any Lot. The Platform does not constitute, nor constitute part of, an offer, contract, warranty or guarantee.
  5. You should take appropriate steps to verify all information contained on the individual listing. We will make best endeavours to provide all information but as this material is provided by third parties, we cannot guarantee its accuracy.
  6. Animals will be kept at the premises of their owners and viewing and inspecting any Lot, with other relevant documentation, is recommended. Viewing will not be possible at the auction premises. We strongly recommend viewing is arranged through the Vendor.
  7. We suggest that any potential Bidder or Purchaser seeks proper advice from a qualified professional adviser. Nothing on the Platform shall be regarded or taken as legal, financial, or any other advice
  8. The Auctioneer shall not be liable for damage caused by the provision of incorrect and/or incomplete information, regardless of the nature and extent of that damage and that information and regardless of the origin of that information. 
  9. Where the Vendor is not the Auctioneer, the Auctioneer expects but cannot guarantee that the Vendor can transfer ownership of a Lot to a Purchaser freely and unencumbered. The Auctioneer is not liable for any related damage.
  10. Purchasers must ensure that the Vendor’s approval is obtained before a veterinary inspection is made.
  11. All Lots are sold subject to these terms and conditions and are subject to any announcements that may be made from time to time. It is the responsibility of all bidders to check for any such announcements.

 

  1. Use of Website
  1. Use of the website is at the user’s own risk.
  2. To the fullest extent permitted by applicable law, neither the Auctioneer its servants and/or agents will be liable for loss or damages arising out of or in connection with your use of, or your inability to use, the Products and/or facilities or services offered through this website, including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties. We accept no liability in relation to any of the above other than as expressly provided or as may be provided for under your statutory rights.
  3. The Auctioneer accepts no liability for any typographical errors and/or material defects in the auction catalogue or on its website and its online catalogue.

 

  1. Responsibility
  1. The Vendor shall at all times indemnify the Auctioneers in respect of such information supplied.
  2. Insofar as a lot is not sold directly by the Auctioneer, the Auctioneer acts as Agent to the Vendor and that Vendor is then responsible for the accuracy of any such information supplied insofar as all information concerning the pedigree description and health of a Lot. No statement, sales puff, certificate, forecast or expression of opinion in respect thereof is, or ought to be deemed to be in any circumstances a representation, undertaking, warranty or guarantee by the Auctioneer.
  3. A Lot listed in the Catalogue is sold with its Engagements, Pregnancy Status and/or Produce Record as listed therein with such information being as presented by the Vendor. The Auctioneers will endeavour to have all Catalogue information correctly stated, but the Vendor is responsible for the correction of any error or omission. It shall be the duty of the Vendor to ensure that the Lot is properly described as set out in the Catalogue.

 

  1. Misdescription
  1. Any Lot which is a habitual wind-sucker, weaver, or box walker, or has been unnerved, or has been tubed, or otherwise operated on for unsoundness in wind, or has shown any evidence of sweet itch, or is not so described is returnable to the Vendor by the Purchaser.
    1. If this is alleged to have occurred then the Purchaser must notify the Auctioneers within fourteen days from the last date of delivery to the Purchaser specifying exactly the nature of the complaint made.
    2. Failure to so within this time period shall defeat any right or remedy the Purchaser may otherwise have pursuant to these conditions or otherwise.
    3. The Auctioneers may then nominate a Veterinary Surgeon or other suitable expert to investigate a complaint and the decision of such Veterinary Surgeon or expert shall be binding on the Vendor but the Auctioneer shall be under no obligation to do so and may refuse to act or to determine the matter such that it will be a matter between the Purchaser and the Vendor to address.

 

  1. Disputes between Vendor and Purchaser
  1. In the event of any dispute as to the description or information of a Lot, the Purchaser’s remedy shall be against the Vendor and the Vendor’s remedy shall be against the Purchaser so the Auctioneers act as Agents between Vendor and Purchaser.
  2. Where the Auctioneer organises and facilitates a sale of Lot between two or more external Vendors and Purchasers, the Auctioneer does not become a party to Purchase Agreements concluded or to be concluded.
  3. The Auctioneers shall therefore not be liable as a party in any action or dispute that might arise between the parties. No liability shall in any circumstances attach in respect thereof and the costs and expenses of the Auctioneer shall be recoverable from either the Purchaser and/or the Vendor in accordance with these terms.
  4. Where a dispute has arisen out of or in connection with the sale of any Lot not offered directly for sale by the Auctioneer, then no such dispute shall prevent the Auctioneer being entitled to recover the full amount of the purchase price or any fees dues or owing.

 

  1. Withdrawal
  1. The Auctioneer shall not be liable to any person for any loss alleged to have been suffered as the result of the withdrawal of a Lot from any Sale for any reason.

 

  1. Responsibility for Horses
  1. Where the lot for whatever reasons remains howsoever under the control of the Auctioneer prior to or after Auction, then such Lot shall be at the Vendor’s risk from the time of arrival for the period the Lot shall be at or on any property of the Auctioneer, collectively called “the Premises”, unless such Lot shall have been sold, in which case such Lot shall be at the Purchaser’s risk in all respects from the Fall of the Hammer, being the closing of the auction. The Auctioneer shall not be liable for any loss or damage caused to or by any Lot whether by reasons of disease, accident or otherwise whilst the Lot is on the Premises or in transit between different parts of the Premises whether to the Purchaser or the Vendor.

 

  1. Disease
  1. Once a Lot is purchased, the Purchaser may notify the Auctioneers within 48 hours after the hammer goes down if a re-examination of the animal is required. In such event, the Auctioneers shall arrange for such re-examination at the expense of the Purchaser and the opinion expressed on re-examination shall be final and binding on all parties. If on such re-examination a defect is apparent in the lot and such defect has not been referred to in the original Veterinary Certificate and the member carrying out such examination is of opinion that such defect is of practical significance, then the purchaser may repudiate the said sale.
  2. A Lot may be returnable or otherwise removed from the sale where it is decided by the Auctioneer in its absolute discretion that the horse was, or is, infected with a disease, or suffering with a condition, impediment or ailment, or otherwise, such that the inclusion of that horse in the auction or its sale would be injurious to the animal, against the interests of the Auctioneer, or otherwise would not be in accordance with best practice, or best veterinary practice whether the opinion of veterinary practitioner has been sought or not.
  3. The Auctioneer shall be under no obligation to perform any checks on the conditions of any Lots prior to sale and no action shall lie for any failure to do so.

 

  1. Delivery
  1. Delivery of any lot can only take place after the full Purchase Price plus any additional costs expenses and charges have been satisfied in full and monies are cleared and with the Auctioneer. Until such time as full payment is received the Vendor remains the owner of the Lot subject to the Lot being held at the Purchaser’s risk. Funds must be deposited and available to release to the Vendor for them to be received within the terms of these conditions.
  2. Only after this occurs is the Vendor authorised to deliver the Lot. Any such Lot is required to be delivered within 14 calendar days after full payment is received unless otherwise agreed. 
  3. If a Purchaser refuses or neglects to receive the Horse or refuses to make proper arrangements, the Purchaser is in default to the Vendor and is required to compensate the Vendor for all economic loss which reasonably arises arising from this failure and to pay all additional costs associated with this, including the stabling costs of the horse, and in which case the Vendor shall be entitled to deliver the Lot only when the aforementioned costs have been paid in full.
  4. Upon payment for any horse sold under this agreement, all sales require the Vendor to hand over any passport and registration papers to the Purchaser upon delivery and this is a condition precedent of any sale. Should in any circumstances any such horse be returned to the Vendor, under this agreement or otherwise, the Purchaser will return the passport of such horse to the Vendor.
  5. When receiving the Lot, the Purchaser must exercise due care and follow instructions given unconditionally and in full by or on behalf of the Vendor. The Purchaser is liable for damage caused by or in the context of the receipt and/or delivery of a Lot and will indemnifies the Auctioneer and the Vendor against claims from third parties in this respect.
  6. The Vendor and Purchaser are obliged to notify the Auctioneer in writing within 7 calendar days after the Horse has been received / delivered.

 

  1. Title and Possession
  1. The title and ownership in a Lot shall not pass until the Purchase Price has been paid in full together with any interest due but subject always to the fact that the Lot shall be at the Purchaser’s risk from the fall of the hammer.

 

  1. Insurance
  1. Purchasers are advised to take out insurance from the fall of hammer and this should also cover the transport of the horse. Arrangements should therefore be set up prior to purchase.
  2. Since the Purchaser and the Vendor participate in the Auction entirely at their own expense and risk, it is strongly recommended that all parties take out the aforementioned insurance themselves.

 

  1. Interest
  1. The Auctioneer reserves the right to charge interest at the rate of 1.5% per month or part thereof on
    1. a Purchase Price or any part thereof unpaid from the date of sale and
    2. any other sum due and owing to the Auctioneer under these Conditions of Sale from the date the liability was incurred.

 

  1. Keep of Horses After Sale
  1. Purchasers are responsible for the care of their horse from the fall of hammer and are obliged to ensure any Lot purchased by them is humanely looked after.

 

  1. Governing law and jurisdiction
  1. These Conditions of Sale are to be construed and shall take effect in accordance with the laws in operation in Ireland and the parties hereby agree and confirm that in respect of any disagreement howsoever arising that the Ireland shall be the appropriate forum and shall have exclusive jurisdiction to hear and determine any action arising thereunder for the resolution of any disputes whether through arbitration or Court proceedings or any other legal action, unless specifically agreed otherwise

 

  1. Vendor may bid
  1. The Vendor may bid for any lot or lots either personally or through the auctioneer or through any other person as many times as they respectively may think fit and may withdraw any lot

 

  1. Severability
  1. If any of the provisions or part of a provision of these Terms is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions or provision will not be prejudiced and the contractual terms shall remain in full force and operation.

 

  1. Waiver
  1. No forbearance or delay by either party in enforcing its respective rights will prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms will be deemed to be a waiver of any other right or of any later breach. Our failure to exercise or enforce any right or provision of the terms of use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

 

  1. General
  1. The Auctioneer shall not be liable for any failure to perform any of our obligations under these terms and conditions which is caused by circumstances beyond our reasonable control including, but not limited to any force majeure incident.
  2. The titles in the above terms of use are solely for illustrations purposes and used for the convenience of the parties and have no legal or contractual significance.

 

  1. VAT

[PROFESSIONAL ADVICE TO BE SOUGHT]

 

  1. Amendment of Terms
  1. The Auctioneer reserves the right to unilaterally amend these General Terms and Conditions as Auctions proceed. It is anticipated that auctions will all have slightly varied terms and, in those circumstances, customers are obliged to recheck our terms. 
  2. In the case of adjustments, the new General Terms and Conditions apply from the date of the next Auction.

 

  1. Data Protection
  1. Most of the personal data we process about you comes directly from information you will provide directly to the Auctioneer
  2. The Auctioneer may collect and store personal data in the performance of this agreement and from information provided by Vendors, Purchasers, Bidders and visitors the website in the performance of legal obligations, its legitimate interests, and in the performance of contracts. We are obliged to store such data and retain this for as long as is necessary to provide services in accordance with our auctions and equine sales, to maintain business records to satisfy tax, legal, and other regulatory requirements, and to protect and defend against potential claims.
  3. We will take all reasonable and appropriate steps to protect the security and integrity of all personal information provided via our website, or by any other means electronic or otherwise.
  4. We will endeavour to protect your personal details from unauthorised physical and electronic access but as effective as modern security practices are, we cannot guarantee the complete security of personal data held in our systems, nor that that information you supply through the internet or any computer network is entirely safe from unauthorised intrusion, access or manipulation during transmission. Any transmission is at your own risk. We will not be liable for any resulting misuse of your personal data.
  5. For any queries or complaints please contact us below

 

  1. Contacting Us

[INSERT CONTACT DETAILS]

 

GENERAL TERMS AND CONDITIONS OF AUCTION SALES ©

 

These Conditions of Sale apply to all Lots sold at this Auction.

 

Definitions 

In these terms and conditions, the following terms have the following meanings;

 

“The Auctioneer’’ shall mean Denis Barrett Auctioneer.

 

A “Bidder” is any person who places a bid in an auction

 

“Hammer price” is the amount of the highest bid accepted by the Auctioneer at the time the auction is complete.

 

“Lot’’ shall mean and include horses of all descriptions offered for sale at an auction by the auctioneers.

 

“Purchase price” means the price in Euros as determined by the Auctioneer when all commission, costs, expenses, fees and charges are added to the hammer price.

 

 “The Purchaser” shall be the maker of the highest bid accepted by the Auctioneer subject to the right reserved to fix a minimum selling price at all or any Sales and subject to any reserve price.

 

“The Vendor” shall be the person or persons stated in the sales entry form to be the owner or owners of the Lot. Where an owner is not named in the Entry Form or in the case of a partnership the person who enters the Lot for sale shall be deemed to be the Vendor

 

Registration of an account

Users may access and view certain areas of the Platform without registering their details including the Listings pages. However, certain functions may only be carried out by persons who have been duly registered.

To participate in an auction and complete a purchase, registration is required.
Each user warrants and represents that all information and documents provided is and shall be up-to-date, accurate and not misleading.
You must create and register an Auction Account before you will be able to Bid in an Auction.
In order to Bid in an Auction, we will ask you to provide to us and/or our Payment Processor certain information and documentation which may include, without limitation:

Proof of your identity;
Proof of your address;
Your solicitor's details; and
Your bank details, credit card, debit card or other means to complete a transaction.

Notwithstanding the generality of the foregoing, Members may be required to upload securely to the Platform relevant identification and verification information and supporting documents, which may include, without limitation:

In the case of an individual we may require a copy of a Government issued form of photographic identification along with proof of address which must be dated within the last three months.
In the case of an individual acting on behalf of a third-party individual, we will require copies of the above documents for each individual party to the transaction, and;
Where applicable, certain further information and documentation relating to any represented person.

Where you are acting as agent for a proposed nominee Purchaser, and the precise person or entity details of such proposed Purchaser are known prior to the Auction, we may also require you to provide relevant identification and verification information and supporting documents in respect of that person.
Where the precise identity of such proposed nominee Purchaser is not known prior to the Auction and you are the winning Bidder, you will be required to submit relevant identification and verification information and documentation within one Business Day of the close of the Auction.
All such applications will be reviewed and as with all such items we may decline to register an account application
Where necessary, we reserve the right to make further due diligence enquiries and to seek further verification and/or implement such controls and monitoring with respect to relevant registrations or attempted registrations as may be necessary to maintain our requirements.
You may choose to register at our Site. If you do, you will have an email address (username) and password for your account. Maintaining your account, username and password will fall within the remit of the account holder. This includes all security and passwords and for restricting access to your computer. For the avoidance of any doubt, in completing the registration process, you agree to accept responsibility for all activities that occur under your account, username and/or password. It is your obligation to treat this information with the confidentiality it deserves. We recommend not disclosing this information to any person.
We have the right (in our absolute discretion) to disable any username or password, whether chosen by you or allocated by us, or suspend or terminate your Auction Account, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms or if for any other reason it appears to us that suspicious activity has occurred on the account. The Auctioneer shall not be liable for any loss arising therefrom.
We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide that we are required to do so, whether for security reasons or otherwise.

 

Bidding

Once a Member is registered to Bid, and all matters are completed to the satisfaction of the Auctioneer, a Bidder may submit offers on Lots by bidding. By participating in an Auction, the Bidder accepts they have unconditionally agreed to the terms and procedures applicable or declared applicable. Bids can be made by

A Member Clicking on the appropriate button on the relevant Listing page for the Lot for which they wish to Bid on, or;
Submitting a starting Bid and maximum Bid amount, or
By telephone or other suitable means at the Auctioneer’s discretion.

The bidding process is subject to the following terms and conditions

Once a Bid has been lodged it cannot be withdrawn.
The applicable Bidding increments shall be set out on the applicable Lot and the Auctioneer shall have full discretion to set such increments and to divide, resell, withdraw or bid on any Lots.
The highest unique Bid meeting or exceeding the Reserve Price shall be deemed the winning Bidder.
Each Bidder acknowledges and accepts that even if such Bidder lodges the highest valid Bid in respect of a Listing then such Bid shall not constitute the winning Bid except where the amount of such Bid meets or exceeds the Reserve Price and the Bid has been accepted by the Auctioneer
If from time to time two or more Bidders attempt to lodge identical Bids, the first Bid received and acknowledged by the Auctioneer will take precedence.
Each Bidder will be notified of the outcome of an Auction at the end of the Auction.
From the moment that the Auction ends, the winning Bidder will be personally legally bound to purchase the Lot for the Purchase Price, plus VAT and charges if applicable.
The winning Bidder hereby irrevocably authorises the Auctioneer, at the end of the Auction, to sign any documents on behalf of the winning Bidder.
The winning Bidder hereby indemnifies the Auctioneer against all liabilities howsoever arising including an indemnity to costs, expenses, damages and losses suffered or incurred by the Auctioneer arising out of or in connection with the Purchaser's breach of the Contract of Sale, and in addition where the winning Bidder and the Purchaser are not the same person, the winning Bidder and the Purchaser hereby jointly and severally indemnifies the Auctioneer
The winning Bidder warrants and represents that that they are able and authorised to purchase the Lot including where they act for a company.
If there is a dispute between two or more Bidders, the Auctioneer is authorised to offer the Lot for sale whether at auction or otherwise, and will retain all rights to enforce any contractual terms created by the disputed purchase including any charges or costs payable. The Auctioneer is the sole arbiter as to the existence of any dispute in connection with the conduct of the sale. If a dispute arises, then the Lot so disputed may be immediately put up again and re-sold in accordance with these terms. The Auctioneer shall have full discretion to decide the highest bidder in the event of any dispute in respect of bidding.
The Auctioneer may refuse to accept a Bid in without notice or providing any reason.
The Auctioneer will be under no liability to a Bidder or the Purchaser in respect of any loss or damage suffered by a Bidder or the Purchaser as a result of the exercise of the rights under these Terms.
The Bidder is obliged to follow instructions and directions given in the context of the Auction and no liability attaches for the failure to follow instruction or for any failure of the Platform.
Once a bid is made, this bid is an offer to purchase the particular Lot for the sum offered in addition to other expenses and charges which may arise and the utmost care must be taken before this step is undertaken. A Bidder is bound by such a bid, which is considered irrevocable and unconditional. The Bidder bids and is held to this bid until a higher bid is accepted.
The Bidder cannot rely on any alleged bidding errors or mistakes, typographical errors, or other mistakes or alleged unauthorised use when placing a bid at an Auction. 

 

The Auction

The Auctioneer shall be entitled to delegate performance of appropriate services from time to time by instructing one or more other persons, firms or companies upon such terms as we consider appropriate in our sole and absolute discretion
The Auctioneer shall use our reasonable endeavours to provide online Auction facilities through the Platform and to hold the Auction on the date and time referred to and advertised in the Listing
In the event of a failure of internet connectivity, hardware, servers or software or any other issue affecting our ability to run the Auction and/or the Platform or your ability to access the Platform and, where applicable, make Bids and/or send/receive notifications, the Auctioneer reserves the right to suspend or cancel an Auction. Wherever possible, and subject to instructions from the Vendor, we shall use our reasonable endeavours to re-list or re-start any affected Auction in the most expedient way possible
Our decision on the conduct and outcome of the Auction via the Platform shall be final
We may cancel or rearrange an Auction at our discretion and shall not be liable to any person for any loss or damage suffered by reason of the fact that the Auction is not or cannot be held at all or at the date and time referred to in the Listing
We reserve the right to declare all results of the Auction as being null and void for any reason in our sole and absolute discretion without providing a reason
We may elect to divide Listings into multiple Lots or combine more than one Lot into a single offering where the need arises
A Lot may be sold or withdrawn from sale prior to the commencement of the Auction
The lot will be sold in accordance with the terms of these conditions and any special conditions of sale where applicable and indicated or referenced in the relevant Listing
Our Online Auction closes on a predefined date and time. 
The duration of the Online Auction is indicated on the Auction website and this time may alter depending on the particular auction.
The Auctioneer reserves the right to alter the closing time for any particular auction or Lot offered for whatsoever reason arising and shall make all reasonable efforts to publish same prior to the new closing time but shall not be liable for any loss arising from such an alteration. Any interested person is strongly encouraged to ensure that the closing time remains unaltered.
The Auctioneer shall at all times have discretion to determine the order of the Auction. The Auctioneer has the right to deny anyone access or participation in or for the Auction without giving reasons, or to impose conditions.
For the avoidance of any doubt the said rights are in addition to the rights reserved in respect of the registration of accounts.

 

Commission and Fees

A Commission is payable by the Vendor at the rate of 1.5% of the price of each Lot sold by auction.
The Purchaser shall pay a premium of 5% of the Hammer Price.
The Purchaser acknowledges that the Auctioneer will receive commission in accordance with Conditions of Sale from the Vendor. By making a bid prospective Purchasers agree that they have read and accept the terms and conditions of the auction.
Commission and Fees are subject to VAT or equivalent where applicable.

 

Payment by Purchasers

The Purchaser must pay the Purchase Price in Euros to the Auctioneer within 3 calendar days of the full sum demanded, whether by electronic communication or otherwise and whether acknowledged as received or not, by the manner requested and agree to provide details of such transfer or payment upon doing so.
If the Purchaser shall fail to pay to the Auctioneer within the agreed time the Purchase Price and any interest due thereon pursuant to these Conditions then the Auctioneer shall be entitled to sue for the full amount of the Purchase Price and interest thereon as a money debt incurred and provided always that the Auctioneer shall be under no duty to sue to recover the proceeds of any prospective sale to the Vendors. The Vendor warrants as such and further warrants that nothing which the Auctioneer does, or does not do, shall affect the right of the Vendor to enforce any right he may have against the Purchaser.
All payments are made and/or sent at the risk of the Purchaser and, if different, the payer.
The Purchaser shall indemnify the Auctioneer in respect of any loss suffered or costs incurred, disbursements or expenses by reason of bringing or defending any proceedings or otherwise howsoever arising from any act or omission by the Purchaser in connection with the sale of a Lot.

 

Vendors

The Vendor shall be entitled to receive the proceeds of sale of each Lot sold (less any commission and fees due) on but not before the 30th day following the last day of each Sale provided that the Auctioneer;

Has received the full amount of the purchase price or released the Lot from the Premises, and
Is satisfied that a dispute has not arisen in respect of the Lot, or in connection with payment for the Lot, and/or the proceeds of sale thereof whether under these Conditions of Sale or otherwise, and
Shall incur no liability in the event of withholding payment pursuant to this Condition and the Vendor expressly acknowledges this. Wheresoever arising, the Vendor also acknowledges that the Auctioneer is entitled to release a Lot from its premises without first having obtained payment, and
Has not resold a Lot pursuant to a sub-condition or otherwise

In any case where the Auctioneer has received the purchase monies from the Purchaser but has been notified of a dispute, the Auctioneer will account for the said monies when the said dispute has resolved either by agreement or, failing agreement, by court proceedings. Where a Vendor is indebted to the Auctioneer, the proceeds of sale of each Lot sold (less any commission and fees due) may be immediately credited against the Vendor’s outstanding account. Any credit balance remaining on the account after the debt has been discharged shall then be paid to the Vendor in accordance with this Condition.
All payments are made and/or sent at the risk of the Vendor and, if different, the payee.
The Vendor shall indemnify the Auctioneer in respect of any loss suffered or costs incurred, disbursements or expenses by reason of bringing or defending any proceedings or otherwise howsoever arising from any act or omission by the Vendor in connection with the sale of a Lot.

 

LIMITATION OF LIABILITY

Price Disclaimer

Prices are subject to change at any time. We reserve the right to refuse to honour any incorrect prices as we cannot naturally account for occasional human error.

 

Listings

The Vendor will use reasonable endeavours to make Listings for forthcoming Auctions available for viewing and any person who wishes to make an enquiry of a Vendor should contact the Vendor as referenced in the applicable Listing.
The Auctioneer accepts no responsibility for, and, to the fullest extent permitted by law, exclude any liability for, any loss or damage whatsoever arising out of or related to the accuracy or completeness of any information contained in a Listing or for any action taken in reliance on such information by any person. We do not make any representation or give any warranty, guarantee, condition, undertaking or term either expressed or implied as to the condition, quality, state of readiness or fitness for purpose of any Lot and all information is provided by the Vendor.
Notwithstanding the generality of the foregoing, please note that save where otherwise expressly provided;

Any descriptions, references to condition and all and any other details are provided by the Vendors. The Auctioneer provides these in good faith for information purposes only and no person should infer the Auctioneer is urging any reliance on them as statements or representations of fact or otherwise
Each Lot is sold as it stands and there is no term implied in any sale that any Lot is of satisfactory quality or is fit for training or any particular purpose and the Auctioneer does not warrant that any Lot is eligible for participation in any scheme or race notwithstanding any announcement or notice in a catalogue or otherwise by the Vendor.
All persons must make up their own mind about each lot by using common sense before bidding. We strongly urge that all satisfy themselves by inspection or otherwise as to the correctness of each of them; and
All commentary, descriptions, figures, plans, images, representations and veterinary certificates are provided by Vendors and not the Auctioneer.

No person employed or engaged by the Auctioneer has any authority to make or give any representation or warranty whatever in relation to any Lot. The Platform does not constitute, nor constitute part of, an offer, contract, warranty or guarantee.
You should take appropriate steps to verify all information contained on the individual listing. We will make best endeavours to provide all information but as this material is provided by third parties, we cannot guarantee its accuracy.
Animals will be kept at the premises of their owners and viewing and inspecting any Lot, with other relevant documentation, is recommended. Viewing will not be possible at the auction premises. We strongly recommend viewing is arranged through the Vendor.
We suggest that any potential Bidder or Purchaser seeks proper advice from a qualified professional adviser. Nothing on the Platform shall be regarded or taken as legal, financial, or any other advice
The Auctioneer shall not be liable for damage caused by the provision of incorrect and/or incomplete information, regardless of the nature and extent of that damage and that information and regardless of the origin of that information. 
Where the Vendor is not the Auctioneer, the Auctioneer expects but cannot guarantee that the Vendor can transfer ownership of a Lot to a Purchaser freely and unencumbered. The Auctioneer is not liable for any related damage.
Purchasers must ensure that the Vendor’s approval is obtained before a veterinary inspection is made.
All Lots are sold subject to these terms and conditions and are subject to any announcements that may be made from time to time. It is the responsibility of all bidders to check for any such announcements.

 

Use of Website

Use of the website is at the user’s own risk.
To the fullest extent permitted by applicable law, neither the Auctioneer its servants and/or agents will be liable for loss or damages arising out of or in connection with your use of, or your inability to use, the Products and/or facilities or services offered through this website, including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties. We accept no liability in relation to any of the above other than as expressly provided or as may be provided for under your statutory rights.
The Auctioneer accepts no liability for any typographical errors and/or material defects in the auction catalogue or on its website and its online catalogue.

 

Responsibility

The Vendor shall at all times indemnify the Auctioneers in respect of such information supplied.
Insofar as a lot is not sold directly by the Auctioneer, the Auctioneer acts as Agent to the Vendor and that Vendor is then responsible for the accuracy of any such information supplied insofar as all information concerning the pedigree description and health of a Lot. No statement, sales puff, certificate, forecast or expression of opinion in respect thereof is, or ought to be deemed to be in any circumstances a representation, undertaking, warranty or guarantee by the Auctioneer.
A Lot listed in the Catalogue is sold with its Engagements, Pregnancy Status and/or Produce Record as listed therein with such information being as presented by the Vendor. The Auctioneers will endeavour to have all Catalogue information correctly stated, but the Vendor is responsible for the correction of any error or omission. It shall be the duty of the Vendor to ensure that the Lot is properly described as set out in the Catalogue.

 

Misdescription

Any Lot which is a habitual wind-sucker, weaver, or box walker, or has been unnerved, or has been tubed, or otherwise operated on for unsoundness in wind, or has shown any evidence of sweet itch, or is not so described is returnable to the Vendor by the Purchaser.

If this is alleged to have occurred then the Purchaser must notify the Auctioneers within fourteen days from the last date of delivery to the Purchaser specifying exactly the nature of the complaint made.
Failure to so within this time period shall defeat any right or remedy the Purchaser may otherwise have pursuant to these conditions or otherwise.
The Auctioneers may then nominate a Veterinary Surgeon or other suitable expert to investigate a complaint and the decision of such Veterinary Surgeon or expert shall be binding on the Vendor but the Auctioneer shall be under no obligation to do so and may refuse to act or to determine the matter such that it will be a matter between the Purchaser and the Vendor to address.

 

Disputes between Vendor and Purchaser

In the event of any dispute as to the description or information of a Lot, the Purchaser’s remedy shall be against the Vendor and the Vendor’s remedy shall be against the Purchaser so the Auctioneers act as Agents between Vendor and Purchaser.
Where the Auctioneer organises and facilitates a sale of Lot between two or more external Vendors and Purchasers, the Auctioneer does not become a party to Purchase Agreements concluded or to be concluded.
The Auctioneers shall therefore not be liable as a party in any action or dispute that might arise between the parties. No liability shall in any circumstances attach in respect thereof and the costs and expenses of the Auctioneer shall be recoverable from either the Purchaser and/or the Vendor in accordance with these terms.
Where a dispute has arisen out of or in connection with the sale of any Lot not offered directly for sale by the Auctioneer, then no such dispute shall prevent the Auctioneer being entitled to recover the full amount of the purchase price or any fees dues or owing.

 

Withdrawal

The Auctioneer shall not be liable to any person for any loss alleged to have been suffered as the result of the withdrawal of a Lot from any Sale for any reason.

 

Responsibility for Horses

Where the lot for whatever reasons remains howsoever under the control of the Auctioneer prior to or after Auction, then such Lot shall be at the Vendor’s risk from the time of arrival for the period the Lot shall be at or on any property of the Auctioneer, collectively called “the Premises”, unless such Lot shall have been sold, in which case such Lot shall be at the Purchaser’s risk in all respects from the Fall of the Hammer, being the closing of the auction. The Auctioneer shall not be liable for any loss or damage caused to or by any Lot whether by reasons of disease, accident or otherwise whilst the Lot is on the Premises or in transit between different parts of the Premises whether to the Purchaser or the Vendor.

 

Disease

Once a Lot is purchased, the Purchaser may notify the Auctioneers within 48 hours after the hammer goes down if a re-examination of the animal is required. In such event, the Auctioneers shall arrange for such re-examination at the expense of the Purchaser and the opinion expressed on re-examination shall be final and binding on all parties. If on such re-examination a defect is apparent in the lot and such defect has not been referred to in the original Veterinary Certificate and the member carrying out such examination is of opinion that such defect is of practical significance, then the purchaser may repudiate the said sale.
A Lot may be returnable or otherwise removed from the sale where it is decided by the Auctioneer in its absolute discretion that the horse was, or is, infected with a disease, or suffering with a condition, impediment or ailment, or otherwise, such that the inclusion of that horse in the auction or its sale would be injurious to the animal, against the interests of the Auctioneer, or otherwise would not be in accordance with best practice, or best veterinary practice whether the opinion of veterinary practitioner has been sought or not.
The Auctioneer shall be under no obligation to perform any checks on the conditions of any Lots prior to sale and no action shall lie for any failure to do so.

 

Delivery

Delivery of any lot can only take place after the full Purchase Price plus any additional costs expenses and charges have been satisfied in full and monies are cleared and with the Auctioneer. Until such time as full payment is received the Vendor remains the owner of the Lot subject to the Lot being held at the Purchaser’s risk. Funds must be deposited and available to release to the Vendor for them to be received within the terms of these conditions.
Only after this occurs is the Vendor authorised to deliver the Lot. Any such Lot is required to be delivered within 14 calendar days after full payment is received unless otherwise agreed. 
If a Purchaser refuses or neglects to receive the Horse or refuses to make proper arrangements, the Purchaser is in default to the Vendor and is required to compen

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