Terms

MULLINGAR EQUESTRIAN HORSE SALES LTD, Athlone Road, Mullingar, Co Westmeath, Ireland, N91 X456

PSRA Licence No 003724, VAT Reg No 3447772FH, Company Reg No 594589

GENERAL CONDITIONS OF SALE

Sales are held subject to the following conditions.

These conditions form the basis of the Contract between the Purchaser and Vendor. We advise all prospective purchasers to carefully read these Conditions of Sale before bidding.

BUYING AT SALE

1.      Prospective purchasers must register in the Sales Office beforehand to obtain a bidding number.

2.      The Purchaser shall be the highest bidder on a Lot, subject to any minimum or reserve price having been attained. In the event of a dispute between two or more bidders as to which is the Buyer, the dispute shall be settled at the absolute discretion of the Auctioneers.

3.      All sales are subject to a Buyer’s Premium of 6% of the bid amount.

4.     VAT is chargeable on the sale price and on the buyer’s premium at the applicable rate.

      The default VAT rate currently applicable to the sale of live horses is 13.5%. Horses purchased by farmers for use in agricultural production attract a Livestock Rate of 4.8%. Horses auctioned under the margin scheme for second hand goods are excluded from VAT (see individual catalogue entries).

5.   On making a purchase, the purchaser will be asked to sign a Purchase Confirmation form, provide his/her name and address and to pay the full amount of the price bid for the Lot together with the Buyer’s Premium and applicable VAT.

6.   Payment may be made by CASH, ONLINE BANK TRANSFER and DEBIT or CREDIT CARD only. Cheques will NOT be accepted as payment, unless agreed with management in advance of the sale.

Credit Cards, Business Debit Cards and non-ROI (Republic of Ireland) Personal Debit Cards are subject to a 2.5% surcharge.

ROI Personal Debit Card transactions are subject to a surcharge of 1.0%.

To comply with regulations, purchasers may be asked to provide proof of identity and evidence of home address, and to complete a cash origin form.

DESCRIPTION AND HEALTH

7.      Each lot is sold under the Conditions of Sale, unless otherwise specified by the auctioneer on the day of the sale. There is no term implied that any lot is of merchantable quality or is fit for training or any particular purpose.

8.      The vendor is responsible for the accuracy of all information concerning the Pedigree, description and health of a Lot.

9.      Mullingar Equestrian Horse Sales Ltd shall not be held responsible for the description of any Lot. Mullingar Equestrian Horse Sales Ltd and/or the Auctioneer shall not be liable for any statement made in this catalogue or from the Rostrum, concerning a Lot listed for sale, nor for any Description, Pedigree or Warranty expressed or implied on its behalf, such information being supplied by the Vendor who alone is responsible for the accuracy.

10.  It is the responsibility of the Purchaser to ensure that he/she is satisfied with the condition of any Lot before bidding. Additionally a Purchaser must make his/her own enquiries and exercise his/her own judgement as to the value of a Lot. Purchasers are subject to any announcements that may be made from the Auctioneer's Rostrum and it is the responsibility of all bidders to be in attendance at the commencement of the sale of a Lot to hear any such announcements.

11.  Purchasers are advised and requested to inspect each lot prior to purchase, as all animals are ‘SOLD AS SEEN’.

12.  The purchaser has the option, at the fall of the hammer (or no later than 30 minutes afterwards), or in concluding a private sale, to request that an animal be vetted. The lot must immediately be presented to the vet.

13.  Purchasers must ensure that the Vendor's approval is obtained before a Veterinary Inspection is made.

14.  The Vendor is obliged to disclose all past history of the animal in relation to unsoundness, ailments, vices, etc. Any lot which is a crib-biter or wind sucker, has been unnerved, is an established weaver, established box-walker, or has been tubed or otherwise operated on for unsoundness in wind or has shown any evidence of sweet itch or any vice whatsoever must be declared as such by the Vendor. Any lot which has impaired vision or injury to the eye which has not been declared is returnable.

15.  The Vendor must also declare any other problem with the animal to be sold, e.g. nervous, difficult to ride, difficult to box, or any other behavioural or other problems.

16.  Following the sale if any horse has any difference in description or evidence of vice, injury or fault that should have been declared, then the animal is returnable to the Vendor. Any complaint must be made within seven days of the sale, and if nothing has arisen prior to monies being paid out the contract is deemed complete and any other dispute in respect of the animal will have to be taken directly between the purchaser and vendor, and Mullingar Equestrian Horse Sales Ltd will have no part in the matter.

BLOOD TEST

17.  The Purchaser of any Lot will have the right within 30 minutes of the fall of the hammer, or following a private sale, to request that a blood sample be taken for subsequent analysis to detect pain killing anti-inflammatory or performance altering drugs. If on analysis the result is positive the Lot is returnable.

COMPLAINTS PROCEDURE

18.  If the Purchaser of any Lot sold with a pedigree or description contends that it does not correspond with such pedigree or description, or if he contends that such lot is afflicted with a declarable fault or vice, then he/she must notify the Auctioneers within seven days from the day of the sale specifying exactly the nature of the complaint that the Purchaser makes in respect of the Lot purchased. The Auctioneers shall then nominate a Veterinary Surgeon or other expert to investigate the purchaser’s contention and the decision of such Veterinary Surgeon or expert shall be binding on vendor and purchaser. All expenses and charges incurred by such adjudication shall be borne by the party found to be in error

DISPUTES

19.  Any dispute arising out of a sale of any Lot in accordance with these conditions of sale shall be a dispute between Vendor and Purchaser and in no circumstances shall Mullingar Equestrian Horse Sales Ltd and/or our Auctioneer be liable to either party in connection with such dispute.

VENDORS

20.  Animals entered in the catalogue and advertised for sale by Mullingar Equestrian Horse Sales Ltd may not be sold by the vendor before the auction of that lot.

21.  It is a condition of entering an animal in the sales that all animals entered are put through the sales ring and that vendors state a maximum reserve price to the sales clerks on the morning of the sales.

22.  Any lot that fails to go through the sales ring will be deemed to have been sold at the reserve price and the vendor is liable for the full commission (9%).

23.  Any lots not sold in the ring and sold subsequently in a private sale outside the ring must be notified immediately to the sales office.

24.  No animals will be permitted entry to sales ground on day of sale without a passport. Any foal awaiting a passport must have a letter from the Registration Authority acknowledging receipt of a passport application with a reference number.

25. All animals entered in the sale with a reserve price of €1500 or more must have a Pre-Sale Veterinary Certificate completed following examination, by a member of the Veterinary Panel approved by Mullingar Equestrian Horse Sales Ltd, within the last 21 days before the sale date.

26.  Mullingar Equestrian Horse Sales Ltd reserve the right to prohibit the entry to this premises any animal which is suspected to be suffering from a contagious disease.

27.  Animals not entered in catalogue are not permitted in sales grounds.

28.  No entries shall be accepted unless accompanied by the appropriate entry fee. Sales entry fees are non refundable.

29.  Auctioneers Commission of 3% of the sale price will be chargeable to the vendor.

30.  Payment to the Vendor will be made 10 working days after the day of the sale in respect of those animals where payment has been received from the purchaser.

31.  It is the vendor’s responsibility to ensure that payment for animals has been lodged in the office, and that there has been no veterinary examination requested, before he/she leaves the sales.

32.  Money shall not be paid to the Vendor of any Lot unless payment has cleared from the Purchaser.

HEALTH & SAFETY

33.  All animals must be haltered, managed, shown and led by a capable person aged 16 years or over. All stallions and colts over 2 years must be shown in a bridle.

34.  Riders attending the sales to display or try out a lot whether it be as owner, for owner or as purchaser or for purchaser should be of a capable standard, follow all safety rules of practice and showing arena, adhere to the advice of safety stewards and agents of Mullingar Equestrian Horse Sales Ltd in the interest of their own personal safety as this practice is taken solely at the riders' own risk.

35.  Riders must wear correct protective clothing including safety helmet.

36.  Our safety officers and stewards are here to help us all have a safe day. Please obey them. Your children are your responsibility and must be kept under supervision by a parent or guardian at all times.

37.  Mullingar Equestrian Horse Sales Ltd shall not accept responsibility for loss or damage suffered or incurred by any person while attending their sales through death, disease, accident or any other cause whatsoever and whether to himself, his animals, his property or other property.

RESPONSIBILITY & RISK IN RESPECT OF AUCTION LOTS

38.  A Lot shall be at the Vendor's risk / responsibility while on the property of Mullingar Equestrian Horse Sales Ltd provided however that where such a Lot has been sold it shall be at the Purchasers risk from the fall of the hammer, or from the time of sale if sold privately.

39.  However, in the interim between the time of sale and any veterinary examination, it remains the Vendor’s responsibility to ascertain if an examination has been requested, and to present the horse for examination.

REMOVAL FROM AUCTION PREMISES

40.  A Lot purchased shall be removed from Mullingar Equestrian Horse Sales Ltd premises no later than the evening of the sale day.

41.  A pass-out must be obtained from the main office prior to an animal being removed from the complex.

42.  Any person engaged to bring and take away a Lot shall do so at the cost and risk in all respect of the owner of such Lot.

MISCELLANEOUS

43.  The auctioneer shall have the right to bid on behalf of the vendor up to the reserve price.

44.  Should the purchase price not be paid then the Auctioneers may at their discretion put up the Lot for Auction and re-sell it.

45.  All animals remain the property of the vendor until paid in full.

46.  Buyer and Seller agree that Mullingar Equestrian Horse Sales Ltd may publish sale results.

47.  These are Mullingar Equestrian Horse Sales Ltd General Conditions of Sale. For each individual auction, Special Conditions may detail additional, more specific requirements than the General Conditions, and these should be referred to by buyers.