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| 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; 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: 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 no
more than 14 days after the day of sale: 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 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. 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 >> |