| Recommended for Use at Markets by: - The Livestock Auctioneers
Association 1.1 In these conditions a number of words and expressions have special
meanings. Where one of these words or expressions is used it is printed
in bold italics and its special meaning is given below: "a * warranty" means a warranty under which
a claim may be made up to the time stated at * after the day of the sale
but must be made by notice in writing received by the auctioneers within
that period; "a *+** warranty" means a warranty under which
a claim may be made up to the time stated at * after the day of the sale
but must be made by notice in writing received by the auctioneers within
the time stated at ** of the end of that period; "after sale warranty" means a warranty under
which a claim may be made up to one hour after the time or when the animal
to which the claim relates is removed from the sale premises, whichever
is the sooner, which claim may be made orally but must be received by
the auctioneers within that period; "auctioneers" means the person conducting the
sale and the person by whom that person is employed or on whose behalf
that person is conducting the sale; "calf" means any bovine animal under the age
of 56 days; "clinical" means detectable by sight or touch "cull" means deemed for any reason to have
reached the end of its useful or breeding life; "dairy cow" or "dairy heifer"
means a cow or heifer (as the case may be) which is included in a sale
section of a sale which is offered for sale as "dairy cattle"; "enactment" means any statute or statutory
provision (whether of the United Kingdom or elsewhere), subordinate legislation
(as defined by section 21(1) of the Interpretation Act 1978) and any other
subordinate legislation made under any such statute or statutory provision; "end of the day’s sale" means the time
when the hammer falls on the last lot in the sale or the last lot in that
section of the sale; "gilt" means a young sow which has not reached
the end of her first natural lactation; "heifer" for the purposes of part IV (animals
sold for slaughter) and part V (store cattle) means any female bovine
animal which has not previously given birth to a calf and for the purposes
of part VII (dairy and beef breeding cattle) includes a young cow which
has not reached the end of her first natural lactation; "imported" means brought into any part of Great
Britain from any place outside Great Britain; "in calf" or "due to calve"
means carrying a calf but shall not imply that any calf due will be born
alive; "in lamb" or "due to lamb"
means carrying a lamb but shall not imply that any lamb due will be born
alive; "in pig” or "due to pig”
means carting a piglet but shall not imply that any piglet due will be
born alive; "liquidated damages" means ascertained and
agreed liquidated damages to cover all expenses, depreciation in value
and other damages whatsoever; “maiden heifer" means a heifer which
has never been served either by natural means or by artificial insemination; "Ministry" means the Ministry of Agriculture
Fisheries and Food or, where appropriate, any other ministry or department
of Her Majesty’s Government; "purchaser" means, in relation to any lot,
the person whose bid for that lot has been accepted by the auctioneers
or, if Condition 21 applies, a purchaser from that person and in either
case includes the personal representative of such person; "quiet to milk" means quiet to milk by machine
unless a statement is made in the catalogue or at the time of sale that
an animal has only been hand milked in which case it shall mean quiet
to milk by hand; "sale premises" means the land and/or buildings
used by the auctioneers to conduct the sale; "springer" or "springing to calve"
means an in calf cow or heifer warranted by the vendor to calve a fully-developed
calf within 21 days after the day of sale; "suckler cow" means a female bovine animal
that has previously given birth to a calf and which is not offered for
sale as a dairy cow; "take delivery" means accept a transfer of
possession; "unsoundness" means any condition, state or
formation present at the time of sale which, in the opinion of a veterinary
surgeon, constitutes a departure from the normal physical condition of
the healthy animal; "vendor" includes the owner and any other person,
other than the auctioneers, who offers an animal for sale and the personal
representative of any such person; "veterinary surgeon" means a Member of the
Royal College of Veterinary Surgeons of not less than five years’
admission; "veterinary surgeon’s certificate" means
a certificate signed by a veterinary surgeon setting out the identification
marks of the animal(s) to which it refers and confirming the existence
of facts or circumstances or stating an opinion including any particular
fact, circumstance or opinion required by the relevant condition; "warranty of title" means the terms implied
by section12 of the Sale of Goods Act 1979 as to the vendor’s right
to sell, quiet possession and freedom from encumbrances; "Defra" Means the Department for
Environment Food & Rural affairs, or, where appropriate, any other
department of her Majesty's Government. Part I - Menu >> 2.1 In these conditions: Part I - Menu >> 3.1 Time shall be of the essence of all Conditions which contain time
limits. Where the time limited for any person to do anything expires on
a Sunday, bank or other public holiday, or on the day next following any
such day, then such Sunday bank or other public holiday shall be excluded
from the computation of the time. 3.2 In the computation of any period of time before or after the sale
or any other event, the day of the sale or other event, as the case may
be, shall be excluded. 3.3 Any period of time expressed as a number of days shall be taken to
refer to that number of clear days, and similarly for any other period
of time. Part I - Menu >> 4.1 Unless otherwise announced all statements made in the catalogue or
at the time of sale regarding health status or other tests are to be taken
as statements of fact only and neither the vendor nor the auctioneers
accept responsibility for subsequent reaction to any relevant test administered
after the sale. Part I - Menu >> 5.1 Irrespective of anything to the contrary in these Conditions, and
save as provided by Condition 5.2, any written notice under any of these
Conditions may be served on the person to whom it is to be given either
personally, or by leaving it for him at his last known address, or by
sending it through the post in a prepaid recorded delivery letter addressed
to him there, and any such letter shall be deemed to have been received
by him at the time at which it would be delivered in the ordinary course
of post. 5.2 Any written notice required by any of these Conditions to be given
by a purchaser to a vendor may be given by such purchaser to the auctioneers
on the vendor’s behalf, either by leaving it at the office of the
auctioneers, or by sending it through the post in a prepaid recorded delivery
letter addressed to the auctioneers there and any such letter shall be
deemed to have been received by the vendor at the time at which it would
be delivered to the auctioneers in the ordinary course of post. 5.3 On receiving any notice under Condition 5.2 the auctioneers shall,
as soon as reasonably practicable, communicate its contents to the vendor. 5.4 Except as aforesaid, all communications and negotiations with reference
to any dispute between any purchaser and vendor under these Conditions
shall take place directly between the purchaser and vendor respectively
without involving the auctioneers. Part I - Menu >> 6.1 The auctioneers act in all respects only as agents for the vendor
and no condition of warranty is given by the auctioneers or their servants,
and none shall be implied, as to title, description or the quality of
any lot sold. Neither the auctioneers nor their servants shall be liable
to the purchaser in any respect for any defect of title, error of description
or imperfection or for any announcement or statement concerning any lot
offered for sale whether made orally or in writing and whether given before,
during or after the auction, nor shall they incur any liability in relation
to any dispute between any vendor and purchaser. 6.2 The auctioneers shall not be liable in any way for any accident which
happens to any person while on the sale premises, unless it arises out
of the auctioneers’ or their servants’ negligence. Part I - Menu >> 7.1 Every vendor and purchaser shall be deemed to have full knowledge
of these Conditions and by taking part in the sale agrees to be bound
by them. Part II - Menu >> 8.1 If stock entered for sale is specifically advertised by the auctioneers
and the person entering the stock fails to bring it for sale on the relevant
day, the auctioneers may charge him a fair and reasonable proportion of
the expenses incurred. Part II - Menu >> 9.1 If a person who has brought on to the sale premises a lot for sale
sells that lot privately on the day of sale and on the sale premises,
either before it is offered for sale at auction, or if it fails to sell
at auction, afterwards, these Conditions shall, so far as applicable,
govern that private sale. 9.2 In the case of a private sale: 9.3 If the vendor fails to comply with the provisions of paragraph (a)
of Condition 9.2, he shall be liable to pay the auctioneers commission. Part II - Menu >> 10.1 The auctioneers may in their absolute discretion refuse to offer
for sale and/or exclude from the sale premises any animal brought to the
sale premises by any person. 10.2 Without limiting its effect the auctioneers may exercise their rights
under Condition 10.1 in relation to: 10.3 Any decision of the auctioneers under Condition 10.1 shall be final
and binding on all parties and the auctioneers shall not be liable in
any way to any person for any act reasonably done by them in the exercise
of their rights under Condition 10.1, or for any consequences resulting
from any such act. 10.4 If any person brings to the sale premises any animal which he could
reasonably have known to be dangerous, or any animal the exposure of which
in any market, fairground or sale yard is, for the time forbidden by law,
he shall be liable for all injury, damages, costs, losses or expenses
which the auctioneers or any other person may sustain or incur, either
directly or indirectly, as a result of such act. Part II - Menu >> 11.1 The auctioneers reserve on behalf of themselves and the vendor the
following rights: 11.2 A vendor who wishes to fix a reserve price on any lot owned by him
shall notify the auctioneers in writing before the sale of that lot begins,
failing which the auctioneers may sell the lot to the highest bidder. 11.3 The auctioneers may refuse to accept bids from a vendor for a lot
owned by him and a vendor shall not bid for a lot owned by him by any
agent other than the auctioneers. 11.4 No person may advance on the previous bid less than the sum named
from time to time by the auctioneers. 11.5 No bid may be retracted. 11.6 The person making the highest accepted bid shall be the purchaser. 11.7 If a dispute arises as to any bidding, then, at the discretion of
the auctioneers, either: Part II - Menu >> 12.1 The auctioneers shall ensure that any weighbridge used in the sale
weighs accurately throughout the sale. Part II - Menu >> 13.1 The purchaser shall remove his lots at his own expense within such
reasonable time after the end of the day’s sale as the auctioneers
may direct but only after the auctioneers have issued a written pass. Part II - Menu >> 14.1 The auctioneers shall ensure that their trading terms are clearly
communicated to vendors and that they include: 14.2 If the auctioneers charge a buyer’s premium this must be clearly
communicated to all prospective purchasers before the sale begins. Part II - Menu >> 15.1 The auctioneers shall notify vendors and purchasers of any statutory
levy schemes which may be in force at the tine of sale. Unless stated
to the contrary, in the case of levy schemes applying to animals designated
as slaughter animals: 15.2 For the purpose of Condition 15.1 the auctioneers decision regarding
the designation of animals as slaughter animals or non-slaughter animals
shal be final and binding on all parties. Part II - Menu >> 16.1 Where under any enactment an animal must be accompanied by any documentation
then: 16.2 If the purchaser believes that any documentation is false or incorrectly
completed he shall notify the auctioneers by telephone (confirmed by notice
in writing posted first class to the auctioneers and supported by a veterinary
surgeon’s certificate or similar official authorised certificate)
before the end of normal business hours on the second day after the day
of the sale. 16.3 Where any enactment requires the auctioneers to give information
to an approved organisation, such as the Ministry or its agents, the auctioneers
may use any documentation or other information in their possession to
supply any information required. Part II - Menu >> 17.1 Each lot shall be entered for sale in its owner’s name and
if required the owner’s name as given to the auctioneers shall be
declared by them, when the lot is put up for sale. 17.2 Whether or not a purchaser requires disclosure of the owner’s
name the auctioneers shall for all purposes be deemed to sell as agents
for a disclosed principal. Part III - Menu >> 18.1 All lots are accepted for sale by the auctioneers on condition that
the vendor warrants his right to sell the same. The vendor shall indemnify
the auctioneers and the purchaser against all actions, proceedings, claims,
demands, costs, charges and expenses which they may sustain or incur by
reason of any defect in the vendor’s title. Part III - Menu >> 19.1 Where animals offered for sale by a person in his own name but he
is in fact acting as an agent he shall, if so required by the auctioneers,
be bound to disclose the name and address of his principal and in such
case both the principal and the agent shall be jointly and severally liable
under the contract and any steps authorised by these Conditions or by
the general law may be taken against either or both of them. 19.4 Condition 19.3 shall not apply if before the commencement of the
sale the person acting as agent informs the auctioneers that he intends
to contract as a principal, in which case he will be deemed to be solely
liable on the contract. Part III - Menu >> 20.1 The purchaser shall give his name and address to the auctioneers
when required. 20.2 The purchaser shall pay the purchase money for each lot to the auctioneers
as soon after the fall of the hammer as the auctioneers may require. Any
time allowed for payment in respect of any purchase shall not be construed
as a waiver of the right to require earlier payment on any subsequent
purchase. 20.3 The purchaser shall not make any set-off or other plea for non-payment
of the purchase money and shall be liable to the auctioneers for any unpaid
purchase money whether or not the lot bought has been delivered. 20.4 If the purchaser fails to pay for any lot when required by the auctioneer
and he is not entitled to return the lot under any of these Conditions,
the auctioneers may, by notice in writing to the purchaser, rescind the
contract of sale to him whereupon the lot shall be deemed to be resold
to and become the property of the auctioneers who shall be responsible
to the vendor for the amount for which the lot was sold to the purchaser
less the applicable charges. 20.5 Even though risk in the animal in any lot may have passed to the
purchaser, title to the animal in any lot will remain with the vendor
until the purchaser has paid the purchase money for that lot in full and
in the case of uncleared funds the sum has cleared in the auctioneers’
bank account. Until title has passed to the purchaser under this Condition
the vendor may recover possession of the animal from the purchaser and
the vendor or the auctioneers may enter upon the purchaser’s premises
(or such other premises where the animal is held) in order to do so. 20.6 If the auctioneers account to the vendor for the purchase money
for a lot (less the applicable charges) before the purchaser has made
payment in full to the auctioneers then the auctioneers shall be entitled
to any rights in the animals in that lot which the vendor may have under
Condition 20.5 Part III - Menu >> 21.1 If, before an animal is removed from the sale premises, the purchaser
of that animal sells it to some other person and notifies the auctioneers
of the name and address of that person then that person shall be treated
as the purchaser of that animal and shall be entitled to all the rights,
and subject to all the obligations, of the original purchaser under these
Conditions but this will not effect the right of the vendor, or of the
auctioneers as agents of the vendor, to hold the original purchaser liable
if that person fails to fulfil any of those obligations. Part III - Menu >> 22.1 All animals are at the risk of the vendor before sale and at the
risk of the purchaser after sale. 22.2 The auctioneers shall take reasonable care when moving the animals
to and from the sale ring. 22.3 If the auctioneers expressly agree to take charge of any lot after
the sale or to forward it to the destination they shall be liable for
any failure to fulfil this obligation which is due to their or their servants’
negligence, but otherwise, save as provided by Condition 22.2, the auctioneers
shall have no liability or obligation for the safe custody of any lot
after the sale. Part III - Menu >> 23.1 If a purchaser fails to perform any of his obligations under the
Conditions in Part III, the auctioneers may cause the lot in respect of
which the failure is made to be re-sold by public or private sale without
warranty or reserve and without notice to the purchaser. 23.2 If on such re-sale a lower price is obtained for the lot than was
obtained on the first sale, the purchaser will be liable to the auctioneers
for the difference in price together with all associated re-sale costs
and expenses. Part III - Menu >> 24.1 Vendor’s warranty Unless stated to the contrary in he catalogue or at the time of sale,
subject to Condition 25 and any specific exclusions detailed below, animals
sold are warranted by the vendor as follows: 24.2 Purchaser’s right If the purchaser proves a breach of warranty he may exercise his rights
under Condition 66. Notice of a claim under the warranty in Condition
24.1(a)(ii) must be supported by a veterinary surgeon’s certificate. Part III - Menu >> 25.1 If an animal is sold "as it stands" it is sold without any warranty
except as to title. Each of the following is deemed to be sold "as it
stands" without the need for any statement by the auctioneers either in
the catalogue or at the time of sale: Part III - Menu >> 26.1 Vendor’s warranty The vendor warrants that, unless stated to the contrary in the catalogue
or at the time of sale, any animal sold which has been treated with any
medicine has completed the withdrawal period for that medicine recommended
by its manufacturer. This is a 5+5 day warranty. 26.2 Purchaser’s rights If the purchaser proves a breach of warranty he may exercise his rights
under Condition 66. Notice of a claim must be supported by a veterinary
surgeon’s certificate. Part III - Menu >> 27.1 Vendor’s warranty The vendor warrants that lots described in the catalogue or at the time
of sale as home bred are not and do not contain imported animals. This
warranty is an after-sale warranty. 27.2 Purchaser’s rights If the purchaser proves a breach of warranty he may exercise his rights
under Condition 66 either in respect of the imported animal only or in
respect of all the animals in the lot. Part III - Menu >> 28.1 If the purchaser of any animal which, for the purpose of maintaining
the health status of that animal, is separated from other animals on the
sale premises allows it to come in contact wit other animals on the sale
premises or elsewhere or otherwise allows it to lose its status, any right
which the purchaser would otherwise have under these Conditions to return
the animal to the vendor shall be lost. Part III - Menu >> 29.1 These Conditions shall apply to the sale of any pedigree stock save
in so far as they conflict with any special conditions expressly stated
by the auctioneers in the catalogue or at the time of sale, which will
then prevail. Part III - Menu >> 30.1 Unless stated to the contrary in the catalogue or at the time of
sale any animal described as "fat", "finished" or "prime" is being offered
for sale for slaughter. Part IV - Menu >> 31.1 In this Condition 31 a number of words and expressions have special
meanings. Where one of these words or expressions is used it is printed
in bold italics and its special meaning is given below: "the Act" means the Food Safety Act 1990; "agreed damages" means the aggregate of: "the day of the sale" means the date on which
the livestock is sold at auction; "defective livestock" means any livestock not
complying with the warranty in Condition 31.1; "livestock not intended for human consumption"
means any livestock declared "not intended for human consumption" by written
notice displayed by the auctioneers at the sale premises or announced
by the auctioneers at the time of sale; "livestock sold for slaughter" means any livestock
declared "sold for slaughter" by written notice displayed by the auctioneers
at the sale premises or announced by the auctioneers at the time of sale; 31.2 For the purposes of Condition 31.3 livestock sold for slaughter
shall be deemed to be slaughtered on the day of sale and when applying
to the Act, "food" shall be interpreted to include livestock sold for
slaughter as if the same had been slaughtered on the day of sale; 31.3 (i) Vendor’s warranty The vendor warrants that any livestock sold for slaughter (unless it
is livestock not intended for human consumption) complies with all the
food safety requirements set out in section 8(2) of the Act and any other
applicable enactment. This warranty is a 15 day warranty. 31.3 (ii) Purchaser’s rights If the purchaser proves a breach of warranty then the vendor shall pay
the purchaser agreed damages as calculated by the auctioneers whose decision
shall be final and binding on the parties. Notice of a claim must be supported
by a veterinary surgeon’s certificate or by the certificate of a
competent authority or qualified person: Part IV - Menu >> Part IV - Menu >> 33.1 Animals offered for sale by weight are sold and must be paid for
in accordance with the weights declared by the auctioneers at the time
of sale. Unless stated to the contrary in the catalogue or at the time
of sale the weights for cattle declared by the auctioneers will be rounded
down to the nearest 5 kg. Any dispute regarding the weight of any animal
shall be determined by the auctioneers who may, in their sole discretion,
reweigh any animal. Part IV - Menu >> 34.1 Vendor’s warranty The vendor warrants that a heifer which is not described as having been
running with a bull, or as having been served, or as being in calf, or
as a springer, is not in calf at the time of sale. This warranty is a
6 month + 5 day warranty. 34.2 Purchaser’s rights If the purchaser proves breach of warranty then, at the purchaser’s
option, either: Part V - Menu >> 35.1 Vendor’s warranty The vendor warrants the bunch of animals sold as heifers does not include
an animal which as had a calf. This warranty is an after sale warranty. 35.2 Purchaser’s rights If the purchaser proves a breach of warranty he may exercise his rights
under Condition 66 either in respect of the individual animal which has
had a calf only or in respect of the whole bunch of animals in the lot. Part V - Menu >> 36.1 Vendor’s warranty The vendor warrants that a bunch of animals sold as steers does not include
an animal which is not a steer. This warranty is an after sale warranty. 36.2 Purchaser’s rights If the purchaser proves a breach of warranty he may exercise his rights
under Condition 66 either in respect of the individual animal which is
not a steer, or in respect of the whole bunch of animals in the lot. Part V - Menu >> 37.1 Vendor’s warranty The vendor warrants that, unless stated to the contrary in the catalogue
or at the time of sale, any male cattle not expressly sold as bulls: The warranty in Condition 37.1 (a) is an after sale warranty and the
warranty in Condition 37.1 (b) is a 14 + 5 day warranty. 37.2 Purchaser’s rights If the purchaser proves breach of warranty he may exercise his rights
under Condition 66. Part V - Menu >> 38.1 Vendor’s warranty The vendor warrants that any calf sold for the amount in paragraph (d)
of the Appendix or more is free from any unsoundness which can be detected
by external examination. This warranty is an after sale warranty. 38.2 Purchaser’s rights If the purchaser proves breach of warranty he may exercise his rights
under Condition 66 Part VI - Menu >> 39.1 (i) Vendor’s warranty The vendor warrants a maiden heifer stated in the catalogue or at the
time of sale to be sold for breeding purposes to be free from any malformation
which would render the animal incapable of breeding. This warranty is
a 5 day warranty if the malformation is patent, or a 6 month + 5 day warranty
if the malformation is latent. 39.1 (ii) Purchaser’s rights If the purchaser proves a breach of warranty the purchaser may return
the animal to the vendor. Notice of a claim must be supported by a veterinary
surgeon’s certificate. 39.2 (i) Vendor’s warranty The vendor warrants any dairy heifer stated in the catalogue or at the
time of sale as carrying her first calf to have four correct teats. This
warranty is an after sale warranty. 39.2 (ii) Purchaser’s rights If the purchaser proves a breach of warranty he may exercise his rights
under Condition 66. Part VII - Menu >> 40.1 Vendor’s warranty The vendor warrants a dairy cow sold as being in calf or a dairy heifer
sold as carrying her second calf: Each of the warranties in Conditions 40.1 (a) and 40.1 (b) is an after
sale warranty and the warranty in Condition 40.1 (c) is a 5+5 day warranty. 40.2 Purchaser’s rights If the purchaser proves a breach of warranty he may exercise his rights
under Condition 66. Part VII - Menu >> 41.1 Vendor’s warranty The vendor warrants a dairy cow sold as being due to calve. Each of the warranties in Conditions 41.1 (a) and 41.1 (b), is an after
sale warranty and each of the warranties in 41.1 (c), 41.1 (d) and 41.1
(e) is a 5 day warranty. 41.2 Purchaser’s rights If the purchaser proves a breach of warranty he may exercise his rights
under Condition 66. Part VII - Menu >> 42 Dairy cows and dairy heifers sold as being in milk 42.1 Vendor’s warranty The vendor warrants a dairy cow or dairy heifer sold as being in milk: Each of the warranties in Conditions 42.1 (a) and 42.1 (b), is an after
sale warranty and each of the warranties in 42.1 (c), 42.1 (d) and 42.1
(e) is a 5+5 day warranty. 42.2 Purchaser’s rights If the purchaser proves a breach of warranty he may exercise his rights
under Condition 66. Part VII - Menu >> 43.1 Vendor’s warranty The vendor warrants that all calved cows or heifers sold as new-milched
or newly calved within 14 days before the day of sale and to their correct
time. This warranty is a 5 day warranty. 43.2 Purchaser’s rights If the purchaser proves breach of warranty then at the purchaser’s
option either he may exercise his rights under Condition 66 or the vendor
shall pay to the purchaser as liquidated damages a sum equal to 50 per
cent of the purchase price. Part VII - Menu >> 44.1 Vendor’s warranty The vendor warrants that all newly calved cows and heifers have cleansed
satisfactorily before the sale. This warranty is a 5 day warranty. 44.2 Purchaser’s rights If the purchaser proves a breach of warranty he may exercise his rights
under Condition 66. Notice of a claim must be supported by veterinary
surgeon’s certificate. Part VII - Menu >> 45.1 If any cow or heifer shows symptoms of aborting before the animal
is removed from the sale premises, the purchaser may refuse to take delivery
of the animal or, if he has already taken delivery, may return the animal
to the vendor. Part VII - Menu >> 46.1 Vendor’s warranty The vendor warrants that any cow or heifer described in the catalogue
or at the time of sale as due to calve at a specific time (the "due date"),
will calve a fully developed calf within 21 days of the due date. 46.2 Purchaser’s rights If the purchaser proves breach of warranty Part VII - Menu >> 47.1 Vendor’s warranty The vendor warrants that a cow or heifer described in the catalogue or
at the time of sale as a springer or as springing to calve, will calve
a fully developed calf within 21 days after the day of sale. 47.2 Purchaser’s rights If the purchaser proves a breach of warranty: Part VII - Menu >> 48.1 Vendor’s warranty a)The vendor warrants that any cow or heifer sold as being in calf is
in calf at the time of sale. This warranty I a 38+5 day warranty. b)Wherea ncow or heifer is sold as having "run with the bull"
no warranty as to the animal being in calf at the time of sale 48.2 Purchaser’s rights If the purchaser proves a breach of warranty he may exercise his rights
under Condition 66. Notice of a claim must be supported by a veterinary
surgeon’s certificate. Part VII - Menu >> 49.1 Vendor’s warranty The vendor warrants that any cow or heifer described in the catalogue
or at the time of sale as suckling a calf: The warranty in Condition 49.1 (b) (i) is an after sale warranty, the
warranty in Condition 49.1 (a) is a 5 day warranty and each of the warranties
in Conditions 49.1 (b) (ii) and 49.1 (b) (iii) is a 5+5 day warranty. 49.2 Purchaser’s rights If the purchaser proves a breach of warranty he may exercise his rights
under Condition 66. Notice of a claim must be supported by a veterinary
surgeon’s certificate. Part VII - Menu >> 50.1 All cows in milk shall be milked out not earlier than the evening
before the day of sale and no cow shall be offered for sale by the vendor
in an over-stocked condition. 50.2 No cow in milk shall be removed from the sale premises until her
udder has been sufficiently eased to avoid over-stocking. 50.3 Unless the owner wishes to milk a cow himself or by his agent any
cow on the sale premises shall be milked only by a competent person approved
by the auctioneers in which case the milk shall belong to the auctioneers. Part VII - Menu >> 51.1 Vendor’s warranty The vendor warrants that, unless otherwise stated in the catalogue or
at the time of sale, no dairy or beef animal has been subjected to the
technique of embryo transfer or Caesarean operation. 51.2 Purchaser’s rights If the purchaser proves a breach of warranty he may exercise his rights
under Condition 66. Part VII - Menu >> 52.1 Vendor’s warranty The vendor warrants that any bull 10 months old or over sold as a stock
bull is capable of an effective and natural service. This warranty is
a 16 week warranty. 52.2 Purchaser’s rights If the purchaser proves breach of warranty then the purchaser may return
the bull to the vendor who shall, at the purchaser’s option, either
replace the bull with another bull of equal value which is capable of
an effective and natural service, or refund the purchase price together
with such other costs and charges as the purchaser may be entitled to
under these Conditions. Notice of a claim must be supported by a veterinary
surgeon’s certificate confirming that: Part VIII - Menu >> 53.1 Vendor’s warranty The vendor warrants that a female sheep not described in the catalogue
or at the time of sale as in lamb is not in lamb at the time of sale.
This warranty is a 14 week + 5 day warranty. 53.2 Purchaser’s rights If the purchaser proves breach of warranty then, at the purchaser’s
option, either the purchaser he may exercise his rights under Condition
66, or the vendor shall pay to the purchaser as liquidated damages a sum
equal to the amount in paragraph (i) of the Appendix. Notice of a claim
must be supported by a veterinary surgeon’s certificate or a slaughter
house manager’s or other competent person’s certificate confirming
that the sheep was in lamb. Part IX - Menu >> 54.1 Vendor’s warranty The vendor warrants that a female sheep not described in the catalogue
or at the time of sale as correct are sound in mouth and udder, that is
they are not lacking any of the 8 broad teeth and do not have any damaged
or worn teeth or a defective udder. This warranty is a 5 day warranty. 54.2 Purchaser’s rights If the purchaser proves breach of warranty then, at the purchaser’s
option, either the purchaser he may exercise his rights under Condition
66, or the vendor shall pay to the purchaser as liquidated damages a sum
equal to the amount in paragraph (i) of the Appendix. Notice of a claim
must be supported by a veterinary surgeon’s certificate. Part IX - Menu >> 55.1 Vendor’s warranty The vendor warrants that any female sheep sold as being in lamb is in
lamn at the time of sale. This warranty is a 21 day warranty. 55.2 Purchaser’s rights If the purchaser proves a breach of warranty he may exercise his rights
under Condition 66. Notice of a claim must be supported by a veterinary
surgeon’s certificate. Part IX - Menu >> 56.1 Vendor’s warranty The vendor warrants that, unless stated to the contrary in the catalogue
or at the time sale, in a lot in which the ewes are described as with
lamb or with lambs at foot every ewe is suckling one or more lambs, and
every lamb has a mother in the lot. This warranty is a 5 day warranty. 56.2 Purchaser’s rights If the purchaser proves a breach of warranty he may exercise his rights
under Condition 66 in respect of any ewe which does not have a lamb or
any motherless lamb. Part IX - Menu >> 57.1 Vendor’s warranty The vendor warrants that if the proportion of ewe lambs and castrated
male lambs in a lot is stated in the catalogue or at the time of sale
the proportions in the lot are as stated. This is a 5 day warranty. 57.2 Purchaser’s rights If the purchaser proves a breach of warranty he may exercise his rights
under Condition 66 in respect of any animals which have been misdescribed. Part IX - Menu >> 58.1 Vendor’s warranty The vendor warrants that, unless stated to the contrary in the catalogue
or at the time of sale, any male sheep not expressly sold as rams: The warranty in Condition 58.1 (a) is an after sale warranty and the
warranty in Condition 58.1 (b) is a 14+5 day warranty. 58.2 Purchaser’s rights If the purchaser proves breach of warranty then, at the purchaser’s
option, either the purchaser he may exercise his rights under Condition
66, or the vendor shall pay to the purchaser as liquidated damages a sum
equal to 25 per cent of the purchase price of the animal. If other sheep
had been sold together in the lot this compensation payment shall be calculated
on the basis of the average price per head. Part IX - Menu >> 59.1 Vendor’s warranty The vendor warrants that any ram sold as a stock ram for the amount in
paragraph (i) of the Appendix or more is capable of an effective at natural
service. This warranty is a 10 week warranty. 59.2 Purchaser’s rights If the purchaser proves breach of warranty then the purchaser may return
the ram to the vendor who shall, at the purchaser’s option, either
replace the ram with another ram of equal value which is capable of and
effective at natural service, or refund the purchase price together with
such other costs and charges as the purchaser may be entitled to under
these Conditions. Notice of claim must be supported by a veterinary surgeon’s
certificate confirming that: Part IX - Menu >> 60.1 Vendor’s warranty The vendor warrants that any sow or gilt described in the catalogue or
at the time of sale as barren, empty or free from pig is not in pig at
the time of sale. This warranty is a 6 week warranty. 60.2 Purchaser’s rights If the purchaser proves breach of warranty the vendor shall pay to the
purchaser as liquidated damages a sum equal to 10 per cent of the purchase
price. Notice of a claim must be supported by a veterinary surgeon’s
certificate. Part X - Menu >> 61.1 Vendor’s warranty The vendor warrants that any sow or gilt described in the catalogue or
at the time of sale as in pig but without farrowing or service date given
is in pig at the time of sale. This warranty is a 6 week warranty. No warranty is given where a sow or gilt is described only as having
been served or as having been running with a boar. 61.2 Purchaser’s rights If the purchaser proves breach of warranty the vendor shall pay to the
purchaser as liquidated damages a sum equal to 33 per cent of the purchase
price. Notice of a claim must be supported by a veterinary surgeon’s
certificate. Part X - Menu >> 62.1 Vendor’s warranty The vendor warrants that any sow or gilt described in the catalogue or
at the time of sale as due to pig at a specified time or with its service
date stated is in pig at the time of sale. If the sow or gilt does not
pig until after the due date, the purchaser shall have a claim for breach
of warranty. This warranty is a 3 week + 5 day warranty where the animal
is described as due to pig at a specified time and a 19 week + 5 day warranty
where the animal’s service date is stated provided that in both
cases the period of warranty is measured not from the date of sale but
rather form the specified time in the case of the 3 week + 5 day warranty
and from the service date in the case of the 19 week + 5 day warranty. No warranty is given where a sow or gilt is described only as having
been served or as having been running with a boar. 62.2 Purchaser’s rights If the purchaser proves breach of warranty the vendor shall pay to the
purchaser as liquidated damages the amount in paragraph (k) of the Appendix
for each complete week from the third week after the due date until the
actual date of farrowing. Notice of a claim must be supported by a veterinary
surgeon’s certificate confirming the actual farrowing date. Part X - Menu >> 63.1 Vendor’s warranty The vendor warrants that any boar sold as a stock boar for the amount
in paragraph (j) of the Appendix or more is capable of an effective at
natural service. This warranty is a 10 week warranty. 63.2 Purchaser’s rights If the purchaser proves breach of warranty then the purchaser may return
the boar to the vendor who shall, at the purchaser’s option, either
replace the boar with another boar of equal value which is capable of
and effective at natural service, or refund the purchase price together
with such other costs and charges as the purchaser may be entitled to
under these Conditions. Notice of claim must be supported by a veterinary
surgeon’s certificate confirming that: (c) the boar’s incapacity or ineffectiveness is not the result
of injury, accident or illness happening after the time of sale; and Part X - Menu >> 64.1 If the purchaser does not comply in every particular with the Conditions
in this Part he shall be bound to keep the lot with all faults and shall
have no claim for damages or otherwise against any person in respect of
the sale. 64.2 The purchaser may not make any claim under these Conditions unless
he has paid the purchase money in full before the claim is made. Part XI - Menu >> 65.1 Except as expressly provided in these Conditions there shall be
no condition or warranty, otherwise than as to title, in regard to any
lots sold and the purchaser shall take delivery of each lots with all
faults, imperfections and errors of description. Part XI - Menu >> 66.1 Except where otherwise expressly provided, the breach of any warranty
in these Conditions shall give the purchaser a right to refuse to take
delivery of or to return the animal in accordance with these Conditions
and to recover such reasonable costs and charges as he may be entitled
to under these Conditions, but shall give him no right to claim damages
from the vendor in lieu of exercising such right of refusal or return.
Purchasers are entitled to the remedies set out in these Conditions, but
to no others. 66.2 No claim by a purchaser under these Conditions shall be valid unless
the purchaser notifies the auctioneers in the manner and within the time
prescribed. 66.3 Where under these Conditions the purchaser has the option of returning
an animal or claiming then, unless within 3 days after first notifying
the auctioneers or the vendor of his claim he either returns the animal
to the auctioneers or, as the auctioneers may direct, to the vendor or
gives notice in writing to the auctioneers and the vendor of his intention
to return the animal and of his own willingness to comply with any directions
which may be given to him regarding the return of the animal, the purchaser
shall be taken to have elected to claim damages and to have waived any
right to return the animal. 66.4 Where under these Conditions the purchaser’s sole remedy is
to return the animal it shall be returned within 3 days of a request by
the auctioneers. Part XI - Menu >> 67.1 No claim by a purchaser that an animal does not comply with any
warranty, other than any warranty of title, shall be valid unless: 67.2 Notwithstanding any other provision of these Conditions, where by
these Conditions any veterinary surgeon’s certificate or other person’s
certificate or opinion must be provided within any specified period the
auctioneers may, either before or after the expiration of the specified
period, allow such further time for the delivery of the certificate or
opinion as they in their sole discretion think fit and where the certificate
or opinion is provided within that further time the purchaser’s
claim shall be as effective as if the certificate or opinion had been
provided within the specified period. 67.3 If the vendor disputes the purchaser’s claim for breach of
warranty, the claim shall be referred for decision to the auctioneers
or to such other person as the auctioneers may appoint for the purpose,
(in either case the "referee"). The referee, who shall act as an expert
and not as an arbitrator, shall make such examination or trial of the
animals and such inquiry of such persons as in his sole discretion he
considers necessary or desirable for determining the dispute. 67.4 The decision of the referee on any matter referred to him, which
shall include the question whether any disease is or is not, whether by
reason of its temporary character or otherwise, such as to constitute
a breach of warranty, and on whether any animals which is to be returned
shall be returned to the premises of the vendor or of the auctioneers,
shall be final and binding upon both vendor and purchaser provided that
if either the vendor or the purchaser so requests in writing within 14
days after the decision the referee shall within 21 days after receiving
such a request put his decision into writing and send a copy to each of
the vendor and the purchaser. 67.5 The party against whom any decision is given shall pay all reasonable
expenses incurred by the auctioneers in connection therewith, including
the costs of any examination or inquiry and the fees of any person appointed
by the auctioneers to give any decision or to make any examination, trial
or inquiry. Part XI - Menu >> 68.1 Where a purchaser exercises his rights under these Conditions to
refuse to take delivery of any animal or return it to the vendor he shall
be entitled to the return of such part of the purchase money as he has
paid (and need not pay any part of it which he has not paid) and to a
refund of reasonable costs and expenses incurred by him in obtaining any
veterinary surgeon’s certificate or other person’s certificate
or opinion which he is required to furnish under these Conditions in order
to exercise his right. 68.2 Where a purchaser exercises his right to return an animal he shall
do so at his own expense but the vendor shall pay to the purchaser the
reasonable costs and charges of the transit of such animal to and from
the purchaser’s premises and, in the case of an animal which has
been on the purchaser’s premises for not less than a week, the reasonable
cost of its keep. 68.3 Should the purchaser of any animal return it without being entitled
by these Conditions to do so he shall pay to the auctioneers and the vendor
all costs, expenses and damages which they may respectively sustain or
incur as a consequence. 68.4 If any animal is returned by the purchaser to the auctioneers’
premises and neither the purchaser or the vendor removes the animal within
3 days after written notice from the auctioneers to do so, the auctioneers
may cause the animal to be re-sold by public or private sale without warranty
or reserve and without further notice to the vendor or purchaser. 68.5 The moneys produced by the re-sale, after deducting the costs and
charges of and attending the re-sale, a reasonable sum for the feed and
care of the animal pending re-sale and any veterinary surgeon’s
charges necessarily or reasonably incurred, shall be held by the auctioneers
on behalf of the person who proves to be entitled to them, or may be paid
into court under interpleader proceedings. 68.6 If the moneys produced by re-sale are insufficient to cover the
costs and charges referred to in Condition 68.5 the auctioneers shall
be entitled to recover the deficiency from the person who was the owner
of the animal immediately before its re-sale. 68.7 If a veterinary surgeon certifies that any animal returned to the
auctioneers’ premises is suffering from disease or any other defect
and in consequence ought to be slaughtered, the auctioneers may, after
taking all reasonable steps to notify the purchaser and vendor, cause
the animal to be slaughtered and shall be entitled to recover from the
person who is the owner of the animal at the time when it is slaughtered
the veterinary surgeon’s charges and reasonable sum for the feed
and care of the animal and its slaughter. Part XI - Menu >> The following figures and amounts apply for the purposes of the Conditions
stated as if set out in the Conditions to which they relate: APPENDIX >> |