PART XI - WARRANTY RIGHTS AND RETURN OF STOCK
64 Failure of purchaser to comply with conditions 33
65 Faults and errors of description 33
66 Remedy for breach of warranty, other than the warranty of title 33
67 Procedure in the cases of contested claims for breach of warranty 33-34
68 Return of stock 34-35
Appendix 36
PART I – GLOSSARY AND PROVISIONS APPLYING GENERALLY
1 Words and expressions having special meanings
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 a heifer (as the case may be) which is included
in a sale or 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 carrying 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;
“Defra” means the Department for Environment Food and Rural Affairs, or, where appropriate,
any other Defra 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 representatives 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 section 12 of the Sale of Goods Act 1979 as to
the vendor’s right to sell, quiet possession and freedom from encumbrances.
2 Principles of interpretation
2.1 In these Conditions:
(a) words signifying the masculine include the feminine and vice versa;
(b) words signifying the singular include the plural and vice versa;
(c) references to a person include a corporation;
(d) references to any enactment include a reference to:
(i) any enactment which that enactment has directly or indirectly replaced
(whether with or without modification); and
(ii) that enactment as re-enacted, replaced or modified from time to time, whether
before, on or after the date of these Conditions;
(e) references to a Condition, Part or Appendix are to a condition or part of a condition, or
the appendix to, these Conditions;
(f) the contents table and the descriptive headings to Conditions, Parts and the Appendix
are for convenience only and shall be ignored when interpreting these Conditions; and
(g) the words and phrases “other”, “include”, “including” and “in particular” shall not limit
the generality of any preceding words or be construed as being limited to th4e same
class as the preceding words where a wider construction is possible.
3 Time limits
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 or 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.
4 Statement of fact
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 any responsibility for subsequent reaction to any relevant
test administered after the sale.
5 Serving of notices
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 the vendor respectively without involving the auctioneers.
6 Liability of the auctioneers
6.1 The auctioneers act in all respects only as agents for the vendor and no condition or 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,
not 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 II – CONDITIONS REGULATING THE CONDUCT OF THE SALE
7 Conditions binding on vendor, bidder and purchaser
7.1 Every vendor, bidder 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.
8 Advertisements
8.1 If stock entered for sale is specifically advertised by the auctioneers and the person entering
that 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.
9 Private sales
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:
(a) either the vendor or the purchaser shall book the transaction with the auctioneers
and the purchase money shall be payable to the auctioneers in full; and
(b) the auctioneers may charge the commission which would have been payable if the
lot had been sold at auction for the price obtained on the private sale, and if they exercise
that right the auctioneers may deduct the commission from the purchase money
before accounting to the vendor.
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.
10 Exclusion of animals
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:
(a) any animal which shows any signs of disease, deformity or of being dangerous;
(b) any animal which is over-full or excessively dirty; or
(c) any bull aged 8 months or more which is not effectively ringed and haltered unless it
is a young bull reared to be sold for bull beef which satisfied applicable safety precautions.
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 being 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.
11 Reserve prices, order of sale and bidding
11.1 The auctioneers reserve on behalf of themselves and the vendor the following rights:
(a) to fix a reserve price;
(b) to bid on behalf of the vendor up to the value of the reserve;
(c) to re-arrange, consolidate or withdraw any lots or to vary the order of the sale; and
(d) without giving any reason, to refuse to accept the bids of any person.
11.2 A vendor who wishes to fix a reserve price on any lot owned by him shall so 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:
(a) the relevant lot shall immediately be put up again; or
(b) the auctioneers shall determine the dispute, and their decision shall be final and binding
on all parties
12 Weighbridges
12.1 The auctioneers shall ensure that any weighbridge used in the sale weighs accurately throughout
the sale.
13 Removal of stock
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.
14 Terms of business
14.1 The auctioneers shall ensure that their trading terms are clearly communicated to vendors and
that they include:
(a) an obligation on the auctioneers to pay to the vendor within an agreed time the proceeds
(less agreed charges) for animals sold; and
(b) full details of the rates of commission charged by the auctioneers.
14.2 If the auctioneers charge a buyer’s premium this must be clearly communicated to all prospective
purchasers before the sale begins.
15 Statutory levy schemes
15.1 The auctioneers shall notify vendors and purchasers of any statutory levy schemes which are
in force at the time of sale and shall clearly designate prior to the start of the auction sale the
section of the sale to which any levy scheme applies. In the case of levy schemes applying to
animals designated as slaughter animals and where the auctioneers have designated a slaughter
section of the auction sale
(a) the vendor accepts a liability to be debited with the amount of any such sum recoverable
by the purchaser in respect of all of the animals in that section’
(b) the purchaser accepts that the sum which he may recover from the auctioneers will
be credited to him only for animals sold in the designated section of the sale, even
though animals within other sections of the auction sale, may following their purchase
at auction, be sent for immediate slaughter..
15.2 For the purposes of Condition 15.1 the auctioneers’ decision regarding the designation of animals
as slaughter animals or non-slaughter animals shall be final and binding on all parties.
16 Liability of vendors and purchasers for documentation
16.1 Where under any enactment an animal must be accompanied by any documentation then:
(a) the vendor shall be responsible for delivering to the auctioneers all relevant documents
and shall indemnify the auctioneers against any claim by the purchaser resulting from
false or incorrectly completed documents or from the vendor’s non-delivery to the auctioneers
of any such documentation; and
(b) the purchaser shall be responsible for obtaining from the auctioneers or the vendor,
as the case may be, all documentation to which he is entitled and shall indemnify the
auctioneers against any claim from any person resulting from the purchaser’s failure
to do so.
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 sale.
16.3 Where any enactment requires the auctioneers to give information to an approved organisation,
such as Defra or its agents, the auctioneers may use any documentation or
other information in their possession to supply any information required.
PART III – GENERAL CONDITIONS AFFECTING VENDOR AND PURCHASER
17 Disclosure of owner’s name: sale for disclosed principal
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.
18 Warranty of title
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.
19 Principal and agent: joint and several liability: bids by agents
19.1 Where animals are 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 a 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.
19.2 Any person intending to bid for any animal as an agent shall so inform the auctioneers before
the sale of such animal begins and shall, if required by the auctioneers, disclose the name and
address of his principal.
19.3 Subject to Condition 19.4, in all cases where a person whose bid is accepted is in fact acting as
an agent, whether or not he has disclosed that fact, he and his principal shall be deemed to be
and shall remain jointly and severally liable on the contract and:
(a) any steps or proceedings authorised by these Conditions or the general law may be
taken or commenced against either or both of them; and
(b) no steps taken or proceedings commenced against the principal or the agent shall be
deemed to operate as an election discharging the other from liability unless such steps
or proceedings result in a final satisfied judgement.
19.4 Condition 19.3 shall not apply if before the commencement of the sale the person acting as an
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.
20 Name or purchaser: payment of purchase money: transfer of title
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.
21 Sales of animals by a purchaser
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 affect the right of the vendor, or of the auctioneers as agents for the vendor,
to hold the original purchaser liable if that person fails to fulfil any of those obligations.
22 Responsibility for stock before and after sale
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 its
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.
23 Default
23.1 If a purchaser fails to perform any of his obligations under the Conditions in this Part III, the
auctioneers may cause the lot in respect of which the failure is made to be resold 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 shall be liable to the auctioneers for the difference in price together with all associated
re-sale costs and expenses.
24 Unsoundness
24.1 Vendor’s warranty
Unless stated to the contrary in the 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:
(a) Store, dairy and beef breeding cattle
Each animal (excluding calves except as warranted in Condition 38.1), is warranted to
be free from any unsoundness. This warranty is:
(i) in respect of eyes, teeth, legs and feet or any visible defect, an after-sale warranty;
and
in all other respects except in the case of clinical Johne’s disease, (see Condition 24.1 (iii) and except
as warranted in Conditions 34 to 37 inclusive and Conditions 39 to 51 inclusive a 5 +5 day warranty.
(iii) in the case of clinical Johne’s disease a 30 +5 day warranty
(b) Cattle sold for slaughter
Each animal is warranted to be free from any visible injury, visible physical defect or external
malformation. This warranty is an after-sale warranty.
(c) Sheep
Each animal is warranted to be free from any unsoundness, except that this warranty
shall not apply to feet, for which the vendor gives no warranty, or to mouth or udder
except in the case of female sheep described as correct under Condition 54.1. This
warranty is an after-sale warranty.
(d) Pigs
Each animal is warranted to be free from any unsoundness. This warranty is an aftersale
warranty.
24.2 Purchaser’s rights
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.
25 Exclusions and exceptions to the warranty of soundness
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:
(a) any stock bull, calved cow or calved heifer or any cow or heifer in calf which realises
less than the amount in paragraph (a) of the Appendix;
(b) any calf, or any bovine animal not included in paragraph (a) above, which realises
less than the amount in paragraph (b) of the Appendix;
(c) any cull stock sold for slaughter except as warranted in Conditions 18, 26.1, and
31.3;
(d) any sheep which realises less than the applicable amount in paragraph (c) of the
Appendix.
26 Effects of medication
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.
27 Animals found to be imported
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 of the animals in the lot.
28 Contact with non-accredited stock
28.1 If the purchaser of any animal which for the purpose of maintaining its health status is segregated
from other animals on the sale premises, allows it to come into contact with other animals,
either on the sale premises or elsewhere or otherwise, allows it to lose its Health Status
accreditation, any right which the purchaser would otherwise have under these conditions to
return the animals to the vendor shall be lost.
29 Pedigree stock
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 as applying to that sale.
PART IV – ANIMALS SOLD FOR SLAUGHTER
30 Description of animals sold for slaughter
30.1 Unless stated to the contrary in the Catalogue or at the time of sale any animal described as
‘fat’, ‘finished’ or ‘prime’ or which is within a designated slaughter section of the sale, is being
offered for slaughter
31 Warranties under the Food Safety Act 1990
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:
(i) the purchase price at auction of the defective livestock, less any proceeds of
disposal of elements of the carcase approved for human consumption;
(ii) the reasonable costs of transporting, feeding and housing defective livestock
between the day of the sale and the date of disposal by the purchaser.
(iii) the reasonable costs of transporting, feeding and housing, and (if appropriate)
slaughtering, defective livestock between the day of sale and the date of disposal
by the purchaser.
(iv) the reasonable fees of the veterinary surgeon and other reasonable costs of
investigating liability:
“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 31.3;
“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 the sale and when applying the Act, “food” shall be interpreted to include
livestock sold for slaughter as if the same had been slaughtered on the day of the 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.
(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:
(a) confirming that in his opinion the livestock the subject of the claim was at the time of
sale defective livestock and that the same was slaughtered within 5 days of the day
of the sale;
(b) identifying the defective livestock by ear tag and auction lot number or other means;
(c) detailing the agreed damages claimed supported by documentation identifying the
defective livestock as the subject of any expenses (any such documentation shall be
returned to the purchaser by the auctioneers within 14 days of its submission).
32 Warranty on animals sold for slaughter
32.1 Unless stated to the contrary in the catalogue or at the time of sale, subject to any specific exclusions
detailed below, animals sold for slaughter are warranted by the vendor as follows:
(a) Heifers
(i) Vendor’s warranty
Each heifer is warranted not be in calf at the time of sale
(ii) Purchaser’s rights
If the purchaser proves a breach of warranty:
(i) in respect of a calf weighing at the time of slaughter 9 kg or less the purchaser
shall not be entitled to any compensation or damages.
(ii) in respect of a calf weighing at the time of slaughter more than 9 kg the vendor
shall pay to the purchaser as liquidated damages a sum equal to one-anda-
half times the value of the calf alone, calculated as a proportionate part of
the value of the heifer ascertained from its purchase price per live kg at the
sale.
Notice in writing of the purchaser’s claim must be given to the auctioneerswithin 48 hours
after the slaughter of the heifer supported by a veterinary surgeon’s certificate or a slaughter-
house manager’s or other competent person’s certificate confirming the identity number of
the heifer, the date of slaughter and the weight of the calf at that date.
(b) Sheep
(i) Vendor’s warranty
Each female sheep is warranted not be in lamb at the time of sale. This warranty
is a 5 day warranty.
(ii) Purchaser’s rights
If the purchaser proves a breach of warranty the vendor shall pay to the purchaser
as liquidated damages a sum equal to 25 per cent of the purchase
price.
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
the sheep to have been in lamb for a period of at least 12 weeks on the day
of sale.
33 Sale by weight
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. Any dispute regarding the weight of any animal
shall be determined by the auctioneers who may, in their sole discretion, reweigh any animal.
PART V – STORE CATTLE
34 Heifers proving in calf
34.1 Vendor’s warranty
The vendor warrants that a heifer which is not described as having been running with the 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 a breach of warranty then, at the purchaser’s option, either:
(a) he may exercise his rights under Condition 66, or
(b) the vendor shall pay to the purchaser a sum not exceeding any monetary loss, if any,
actually sustained by the purchaser and assessed as fair and reasonable in the circumstances.
35 Bunch of animals sold as heifers: inclusion of animal which has had a calf
35.1 Vendor’s warranty
The vendor warrants that a bunch of animals sold as heifers does not include an animal which
has 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.
36 Bunch of animals sold as steers; inclusion of animal which is not a steer
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.
37 Castrated cattle
37.1 Vendor’s warranty
The vendor warrants that, unless stated to the contrary in the catalogue or at the time of sale,
any make cattle not expressly sold as bulls:
(a) have been castrated; and
(b) have not been imperfectly castrated.
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 a breach of warranty he may exercise his rights under Condition 66.
PART VI – CALVES (other than those sold in a declared breeding sale)
38 Calves
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 a breach of warranty he may exercise his rights under Condition 66.
PART VII – DAIRY AND BEEF BREEDING CATTLE
39 Maiden heifers stated to be sold for breeding purposes and dairy heifers sold
as carrying their first calves
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. The warranty is a 5 day warranty if the malformation is patent, or a 6 month
+5 day warranty if the malformation is latent.
(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 a 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.
(ii) Purchaser’s rights
If the purchaser proves a breach of warranty he may exercise his rights under Condition 66.
40 Dairy cows sold as being in calf and dairy heifers sold as carrying their second calves
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:
(a) to be correct in the udder and teats;
(b) not to be infected with clinical mastitis; and
(c) not to suck any other animal
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.
41 Dairy cows sold as being warranted as in calf .
41.1 Vendor’s warranty
The vendor warrants a dairy cow sold as being due to calve
(a) to be correct in the udder and teats;
(b) not be infected with clinical mastitis;
(c) not to suck any other animal
(d) not to suck herself; and
(e) to be quiet to milk
Each of the warranties in Conditions 41.1 (a) and 41.1 (b), is an after-sale warranty and each
of the warranties in Conditions 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.
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:
(a) to be correct in the udder and teats;
(b) not to be infected with clinical mastitis;
(c) not to suck any other animal;
(d) not to suck herself; and
(e) to be quiet to 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 Conditions 42.1 (c) 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.
43 Cows sold as new-milched or newly-calved
43.1 Vendor’s warranty
The vendor warrants that all calved cows or heifers sold as new-milched or newly-calved have
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 a 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.
44 Cleansing
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 a veterinary surgeon’s certificate.
45 Symptoms of abortion
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.
46 Calving dates
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 a breach of warranty:
(a) if the animal aborts on or about the due date and within 5 days of the date when it
aborts the purchaser gives written notice to the auctioneers supported by a veterinary
surgeon’s certificate the, at the option of the purchaser, either the purchaser may
return the animal to the vendor, or the vendor shall pay to the purchaser as liquidated
damages a sum equal to 25 per cent of the purchase price; or
(b) if the animal calves, otherwise than prematurely, more than 21 days before the due
date and the calving takes place during the period between and including 1st May and
30th September then the purchaser shall not be entitled to return the animal to the
vendor but if within 5 days after the calving the purchaser gives written notice to the
auctioneers of the date upon which the calving took place, supported by a veterinary
surgeon’s certificate confirming the date of calving and that the calf is a normal full
term calf, the vendor shall pay to the purchaser as liquidated damages the amount
in paragraph (e) of the Appendix per day for the period between the fourteenth day
before the due date and the actual day of calving; or
(c) if the animal does not calve until more than 21 days after the due date then the purchaser
shall not be entitled to return the animal to the vendor but if within 24 days
after the due date the purchaser gives written notice to the auctioneers of the date
on which such calving took place, supported by a veterinary surgeon’s certificate
confirming the date of calving and that the calf is a normal full term calf, the vendor
shall pay to the purchaser as liquidated damages the amount in paragraph (f) of the
Appendix per day for the period between the fourteenth day after the due date and
the actual day of calving; or
(d) if the animal has not calved within 42 days after the due date then the purchaser shall
not be entitled to return the animal to the vendor but if within 47 days after the due
date the purchaser gives written notice to the auctioneers supported by a veterinary
surgeon’s certificate confirming that the animal is carrying a mummified calf, then the
vendor shall pay to the purchaser as liquidated damages the amount in paragraph
(g) of the Appendix.
47 Cows and heifers sold as springers
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:
(a) if the animal calves a prematurely born calf within 21 days of the day of sale and within
5 days after the date of such premature calving the purchaser gives written notice to
the auctioneers, supported by a veterinary surgeon’s certificate confirming the premature
calving and its date then, at the option of the purchaser, either the purchaser
may return the animal to the vendor, or the vendor shall pay to the purchaser as liquidated
damages a sum equal to 25 per cent of the purchase price; or
(b) if the animal does not calve until more than 21 days after the day of sale, whether the
calf shall be prematurely born or not, then the purchaser shall not be entitled to return
the animal to the vendor but if within 5 days after the date of calving the purchaser
give written notice to the auctioneers of the date on which such calving took place,
supported by a veterinary surgeon’s certificate confirming the date of calving and
that the calf is a normal calf, the vendor shall pay to the purchaser as liquidated
damages the amount in paragraph (f) of the Appendix per day for the period between
the twenty-first day after the day of sale and the actual day of calving; or
(c) if the animal has not calved within 42 days after the day of sale then the purchaser
shall not be entitled to return the animal to the vendor but if within 47 days after the
day of sale the purchaser gives written notice to the auctioneers supported by a veterinary
surgeon’s certificate confirming that the animal is carrying a mummified calf,
then the vendor shall pay to the purchaser as liquidated damages the amount in
paragraph (h) of the Appendix.
48 Animals sold as In Calf but proving barren
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 is a 38 + 5 day warranty.
(b) Where a cow or heifer is sold as ‘having run with a bull’ no warranty as to the animal
being in calf at the time of sale is given.
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.
49 Suckler cows
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:
(a) suckles that calf in a natural manner; and
(b) unless stated to the contrary in the catalogue or at the time of sale:
(i) is not infected with clinical mastitis;
(ii) does not suck any other animal; and
(iii) does not suck herself
The warranty in Condition 49.1 (b) 9i) 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.
50 Milking-out of cows before and after sale
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.
51 Embryo transfer and Caesarean operation
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.
This warranty is a 6 months +5 day warranty.
51.2 Purchaser’s rights
If the purchaser proves a breach of warranty he may exercise his rights under Condition 66.
PART VIII – STOCK BULLS
52 Stock bulls
52.1 Vendor’s warranty
The vendor warrants that any bull 10 months old or over sold as a stock bull is capable of and
effective at natural service. This warranty is a 16 week warranty.
52.2 Purchaser’s rights
If the purchaser proves a 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 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 Condition.
Notice of a claim must be supported by a veterinary surgeon’s certificate confirming that:
(a) the bull’s incapacity or ineffectiveness is not the result of injury, accident or illness happening
after the time of the sale; and
(b) the purchaser’s breeding stock are not responsible for the bull’s incapacity or ineffectiveness.
PART IX – SHEEP
53 Female sheep not described as in lamb
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 a breach of warranty then, at the purchaser’s option, either the purchaser
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.
54 Female sheep described as correct
54.1 Vendor’s warranty
The vendor warrants that all female sheep 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 a breach of warranty then, at the purchaser’s option, either the purchaser
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.
55 Female sheep proving barren
55.1 Vendor’s warranty
The vendor warrants that any female sheep sold as being in lamb is in lamb 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.
56 Ewes with lambs at foot
56.1 Vendor’s warranty
The vendor warrants that, unless stated to the contrary in the catalogue or at the time of 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.
57 Mixing of ewe and castrated male lambs
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.
58 Castrated sheep
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:
(a) have been castrated; and
(b) have not been imperfectly castrated.
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 a 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 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.
59 Stock rams
59.1 Vendor’s warranty
The vendor warrants that any ram sold as a stock ram for the amount in paragraph (j) of the
Appendix or more is capable of and effective at natural service. This warranty is a 10 week
warranty.
59.2 Purchaser’s rights
If the purchaser proves a 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 a claim must be supported by a veterinary surgeon’s certificate confirming that:
(a) the ram’s incapacity or ineffectiveness is not the result of injury, accident or illness happening
after the time of the sale; and
b) the purchaser’s breeding stock are not responsible for the ram’s incapacity or ineffectiveness.
PART X – STORE PIGS AND BREEDING PIGS
60 Barren sows and gilts
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 a 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.
61 Sows or gilts sold in pig
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 a 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 a breach of warranty then the vendor shall pay to the purchaser as
liquidated damages a sum equal to 33% of the purchase price. Notice of a claim must be
supported by a veterinary surgeon’s certificate.
62 Sows or gilts with a farrowing or service date
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 from 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 a breach of warranty then 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.
63 Stock boars
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 and effective at natural service. This warranty is a 10 week
warranty.
63.2 Purchaser’s rights
If the purchaser proves a breach of warranty then the purchaser may return the boar to the
vendor who shall, at the purchaser’s option, replace the boar with another boar of equal value
which is capable of and effective at natural service, or refund the purchase price of the animal
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:
(a) the boar’s incapacity or ineffectiveness is not the result of injury, accident or illness happening
after the time of the sale; and
(b) the purchaser’s breeding stock are not responsible for the boar’s incapacity or ineffectiveness.
PART XI – WARRANTY RIGHTS AND RETURN OF STOCK
64 Failure of purchaser to comply with conditions
64.1 If the purchaser does not comply in every particular with the Conditons 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 sustain any claim under these conditions unless he has paid the purchase
money in full before the claim is made.
65 Faults and errors of description
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 lot with all faults, imperfections and errors of description.
66 Remedy for breach of warranty, other than the warranty of title
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
damages 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 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 sold remedy is to return the animal it shall be
returned within 3 days of a request by the auctioneers.
67 Procedure in the cases of contested claims for breach of warranty
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:
(a) the purchaser notifies the auctioneers in the manner and within the time prescribed
and provides any veterinary surgeon’s certificate or other person’s certificate
or opinion required by these Conditions; and
(b) in a case where the purchaser claims the right to reject an animal on the ground
that its physical condition constitutes a breach of warranty and the vendor calls
for a veterinary surgeon’s certificate the purchaser provides that certificate within
such reasonable period as the auctioneers may specify.
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 independent expert
and not as an arbitrator, shall make such examination or trial of the animal 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 animal 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.
68 Return of stock
68.1 Where a purchaser exercises his right under these Conditions to refuse to take delivery of any
animal or to 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 the 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 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
nor 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 vetwww.
erinary 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 the 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 a reasonable
sum for the feed and care of the animal and its slaughter.
APPENDIX
The following figures and amounts apply for the purposes of the Conditions stated as if set out in the
Conditions to which they relate:
(a) Condition 25.1 (a) £200
(b) Condition 25.1 (b) £30
(c) Condition 25.1 (d) hill breed of sheep £15;; sheep (other than hill breeds £20
(d) Condition 38.1 £30
(e) Condition 46.2 (b) £1 per day
(f) Conditions 46.2 (c) and 47.2 (b)£1 per day for any day between and including 1st May and 30th
September, or £2 per day for any day between and including 1st October and 30th April.
(g) Condition 46.2 (d) for an animal for which the due date is in the period between and including
1st April and 30th September, a sum equal to 25% of the purchase price; or for an animal for
which the due date is in the period between and including 1st October and 31st March a sum equal to
30% of the purchase price.
(h) Condition 47.2 (c) for an animal warranted to calve in the period between and including
1st April and 30th September, a sum equal to 10% of the purchase price; or for an animal warranted to
calve in the period between and including 1st October and 31st March, a sum equal to 15% of the purchase
price.
(i) Condition 54.2 40% of the purchase price up to and including a purchase price of £25 per
head; 50% of the purchase price for a purchase price over £25 per head up to and including a purchase
price of £50 per head; and 66% of the purchase price for a purchase price over £50 per head, in each
case calculated on the average purchase price per head of the pen.
(j) Conditions 59.1 and 63.2 £50
(k) Condition 62.2 £3 / each complete week up to a max. of £30.
