Notice to Buyers and Sellers
The attention of Vendors and Purchasers is drawn to our revised conditions of sale.
These conditions of sale form the basis of the contract between buyer and seller. We advise all prospective purchasers to carefully read these conditions of sale before bidding. The attention of purchasers is particularly drawn to their rights and the procedures and time limit to be completed with in the event of complaint or dispute.
CONDITIONS OF SALE
This Sale is held subject to the Conditions of Sale set out below. All potential Vendors and Purchasers are advised to carefully read these Conditions of Sale. The Conditions of Sale in this Sale Catalogue take precedence over any previously issued Conditions of Sale.
TAKE NOTE that the conditions of sale set out herein relate solely to the pony auctions conducted by Connemara Livestock.
Catalogue means the catalogue in which these terms and conditions are contained. The word Catalogue also includes any supplement to it issued by Connemara Livestock from time to time.
Connemara Livestock or Connemara Pony Sales or Sales Company or Clifden Mart means Connemara Livestock Sales Ireland 2014 Limited.
Lot means the pony which is to be sold and which has a Lot number in the Catalogue.
Purchaser means the highest bidder to whom a Lot is knocked down by Connemara Livestock or who purchases the Lot following the sale.
Purchase Price (as regards the Purchaser) is the price in Euro at which the Lot was knocked down by Connemara Livestock in the ring or the price at which it is sold plus VAT with commissions as may be applicable
Sale means the sale by auction conducted by Connemara Livestock.
Sale Price (as regards the Vendor) means the price in Euro at which the Lot was knocked down by Connemara Livestock or the price at which it is afterwards, subject to deductions for commissions, VAT, entry fee and any other charges which may apply.
Unless the context or subject otherwise requires, references to words in one gender include references to the other genders.
1. Purchasers must be over the age of 18.
2.1. Connemara Livestock strongly recommend that Purchasers attend the Sale in person and Purchasers are strongly advised to inspect each Lot prior to
purchase. If you are bidding online it is recommended that you have somebody on the ground to inspect the lot before you bid. It is the sole responsibility of the Purchaser to ensure that they are satisfied with the condition of any Lot before bidding. Prospective Purchasers may use a Veterinary Surgeon of their own choice to check or inspect the condition of any Lot prior to Sale provided the consent of the Vendor is obtained in advance and provided that the Vendor expressly consents to the form of inspection to take place and it is understood by prospective Purchasers that such consent is entirely at the Vendor’s own discretion.
2.2. Any discrepancies between the physical appearance of the relevant Lot and the description provided in the Catalogue must immediately be notified to the auctioneer prior to any potential Purchaser placing a bid on the Lot. Notifying the auctioneer shall preclude any successful Purchaser from later relying on a discrepancy between the physical appearance of the relevant Lot and the description provided in the Catalogue which would have been reasonably apparent on inspection for the purposes of cancelling the contract.
2.3. Connemara Livestock shall not be liable for any statement made in this Catalogue or from the rostrum, concerning a Lot listed herein 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 its accuracy.
3. All lots are sold subject to these Connemara Livestock Conditions of Sale and are subject to any announcements that may be made by the auctioneer. A Vendor may call upon Connemara Livestock to amend the Catalogue description at the Sale and it is the Purchaser’s responsibility to ensure they hears any such announcement made by the auctioneer. The information on the Connemara Livestock notice board, website and announcement boards in the sales ring is for guidance only and Connemara Livestock is not liable for any error or omission from such information.
4. Each Vendor undertakes that a Lot entered in the Catalogue shall not be sold before the Sale.
5. The Vendor is responsible for the accuracy of the content of the Catalogue information and the correction of any error or omission. Connemara Livestock shall not be liable for any statements made in the Catalogue or from the rostrum concerning a Lot and the content or accuracy of any representation or statement are solely made by the Vendor in relation to any Lot. Connemara Livestock reserves the right to correct, without any legal obligation, incomplete or incorrectly completed entry forms to bring them in line with the Connemara Pony Society records.
6. The Vendor is responsible for each Lot, up to any including the Sale. This includes any liability to Connemara Livestock and/or their parties. Vendors are required to ensure that each Lot is appropriately handled and remains under their control. Connemara Livestock holds no liability to third parties including the Vendor or
the Purchaser at any time when on the premises of Connemara Livestock as a result of injury from any Lot and this solely rests with the Vendor.
7. There is no term implied in any Sale that any Lot is of merchantable quality or is fit for any particular purpose. Any term, condition or warranty that might be incorporated into or apply to these Conditions of Sale are excluded to the maximum extent permissible by applicable law. It is the responsibility of the Purchaser to ensure that they are satisfied with the condition of any Lot before bidding. Additionally a Purchaser must make their own enquiries and exercise their own judgement as to the value of a Lot.
8. Should any dispute arise between two or more bidders, or between Connemara Livestock and any bidder, Connemara Livestock’s decision shall be binding on all parties. At Connemara Livestock’s discretion the Lot in dispute may be put up again for auction and resold.
9.1. A Lot will be at the Vendor’s risk at all times until the fall of the hammer (or time of sale if sold afterwards) when the risk shall pass to the Purchaser subject to condition 9.2 below.
9.2. Any Lot sold subject to re-examination under the terms of condition 10 shall be at the Vendor’s risk for 60 minutes from the fall of the hammer or, if reexamination is requested, until the completion of the re-examination. Risk remains with the Vendor if/when the Lot fails the examination and passes to the Purchaser if/when the Lot passes the examination.
9.3. Notwithstanding the passing of risk in this Condition or delivery of the Lot to the Purchaser, the Vendor shall retain title to the Lot until the Purchase Price has been paid to Connemara Livestock.
9.4. Where Connemara Livestock have paid out the Vendor, title to the Lot will vest in Connemara Livestock on the same terms as 9.3 above. Title shall only pass to the Purchaser when the Purchaser has paid the Purchase Price.
10.1. Following a successful bid, the Purchaser may notify Connemara Livestock if a re-examination by a Veterinary Surgeon is required and shall specify the reason or reasons to a staff member of Connemara Livestock Sales why such a reexamination is required. Such notification must be made within 60 minutes from the fall of the hammer (the “Time of Purchase”) and the following conditions shall apply:
10.2. In the event that the Purchaser so notifies Connemara Livestock, the Lot shall remain at the Vendor’s risk and Connemara Livestock may arrange for such reexamination to take place at the expense of the Purchaser and to be performed on a date and time as agreed between Connemara Livestock, the
Vendor and the Purchaser by an equine Veterinary Surgeon appointed by Connemara Livestock;
10.3. If on such re-examination a defect is ascertained in the Lot, and such defect has not been referred to in the original Veterinary Certificate furnished by the Vendor prior to the Sale or identified in the entry form or had not been notified by the Vendor to the auctioneer prior to the auction and the
appointed equine Veterinary Surgeon is of the opinion that such defect would render the Lot not reasonably fit for purpose then the Purchaser, at their discretion, may terminate the contract return the Lot to the Vendor and seek a refund of the Purchase Price paid or the Purchaser may keep the Lot as is and the contract shall not be terminated and the decision of the Veterinary Surgeon will be final and binding on the parties;
10.4. If on such re-examination no such defect is ascertained, that satisfies the provisions of 10.3 title to the Lot shall pass to the purchaser and the purchaser shall take possession of the Lot provided always that the Purchaser has discharged the Purchase Price.
10.5. The Purchaser shall not be entitled to call for x-rays to be performed in the reexamination request and if it is requested then the re-examination request shall be denied unless as agreed by all parties.
10.6. Failure to give notice and the reason or reasons to Connemara Livestock within the 60-minute period (calculated from the Time of Purchase) shall be an absolute bar to a re-examination and the Purchaser shall be bound to keep and to pay for the Lot.
11.1. The Vendor is responsible for the declaration of all known vices and past history of the Lot in relation to unsoundness, ailments or vices on the entry form. The Vendor must declare any problem with the Lot relating to unsoundess, ailments or vices namely that the Lot is a crib-biter, windsucker, is an established weaver, is an established box walker, has been tubed or otherwise operated on for unsoundness in wind or has shown any evidence of sweetitch or any other similar vice. If any of the said problems present, Connemara Livestock shall be notified and that notification shall specify the particular problem within seven days commencing at midnight on the day of the Sale (the “Date of Sale”).
11.2. In the event of such a notification being made by the Purchaser in accordance with this condition, Connemara livestock shall then contact the Vendor to make them aware of said complaint. Connemara Livestock may give contact details for both parties to allow for dialogue, discussion and negotiation regarding said complaint. In the event there been no agreement between the parties regarding said complaint Connemara Livestock shall at its discretion be entitled to nominate a Veterinary Surgeon or other equine expert to investigate the Purchaser’s claim at the Purchaser’s cost and the decision of such Veterinary Surgeon or equine expert shall be binding on the Vendor and Purchaser.
11.3. Failure to give notice specifying the particular problem to Connemara Livestock within the 7-day period (calculated from the Date of Sale) in accordance with this condition shall be an absolute bar to any claim in respect of any alleged problem and the Purchaser shall be bound to keep and to pay for the Lot whether or not such problem is found to exist by a Veterinary Surgeon.
11.4. If it is decided that the Lot is returnable, the Vendor shall pay Connemara Livestock all costs and expenses incurred by Connemara Livestock and the amount of the payment shall be fixed by Connemara Livestock whose decision shall be final and binding on the parties. However if it is decided that the Lot is not returnable the Purchaser shall pay Connemara Livestock the amount of the said payment.
12.1. The auction shall be conducted in Euro and subject to condition 13 payment must be made in Euro by the Purchaser for each Lot on the day of the Sale and the Lot must be removed by the Purchaser by the close of each day’s sale. Prior to the Sale, Connemara Livestock may agree to other payment terms at their discretion and may allow the Purchaser to remove the Lot before full payment has been received. In the event that payment is not received under the agreed terms, Connemara Livestock will endeavour to collect the debt by whatever means are deemed appropriate.
12.2. Payments must be made in cash, by credit card or by Bankers Draft. Prospective Purchasers who wish to pay by cheque or any other method must make arrangements with Connemara Livestock in advance of the sale.
12.3. The Vendor will pay commission to Connemara Livestock equal to 1.5% of the Sale Price.
12.4. The Purchaser will pay commission to Connemara Livestock equal to 6% of the Purchase Price.
12.5. All fees and commissions are subject to VAT at the appropriate rate
12.6. A Purchaser shall furnish his name and address to Connemara Livestock immediately after the Lot is knocked down and shall immediately pay the Purchase Price and commission.
12.7. Should the Purchase Price not be paid immediately the Purchaser shall not be entitled to take possession of the Lot and Connemara Livestock reserve the right to retain possession of the Lot, and it’s passport until such time as the Purchase Price is paid and may at its discretion put up the lot for Auction and re-sell it.
12.8. Payment to the Vendor or his authorised agent will be made 28 days after the day of the Sale in respect of those Lots where payment has been received.
13.1. Where a Purchaser bids or buys on behalf of another, the Purchaser must disclose the name and address of his principal when required by Connemara Livestock and both the Purchaser and his principal shall be jointly and severally liable under these Conditions.
13.2. Where the Purchaser notifies Connemara Livestock after the Sale that a Lot has been bought on behalf of another and asks Connemara Livestock to invoice that person (the “Nominee”), Connemara Livestock (at its absolute discretion) may agree to do so, on the basis that the Purchaser and the Nominee will be jointly and severally liable to pay the Purchase Price. The Purchaser’s payment obligations in respect of the relevant Lot will only be discharged in the event that the Nominee has paid the whole of the Purchase Price. However, where the Nominee pays part of the sum due but the remainder is unpaid, Connemara Livestock’s claim shall be limited to the unpaid sum.
14.1. Connemara Livestock reserve the right to exclude or remove any person or animal from their premises without giving any reason.
14.2. Connemara Livestock reserve the right not to include in the Catalogue or offer for Sale any Lot without giving any reason.
14.3. Connemara Livestock, as agents for the Vendor, reserve the following rights:
14.3.1. To refuse the bidding of any person, without giving any reason;
14.3.2. To bid by themselves for any Lot;
14.3.3. To withdraw the Lot from Sale at any time;
15. Connemara Livestock do not make any representations whatsoever express or implied in respect of the Lot or as to the identity of the owner(s) of any Lot at the time of entry, time of Sale or at any other time. In the event of any dispute the Purchaser’s remedy, if any, shall be against the Vendor and the Vendor’s remedy, shall be against the Purchaser, and not against Connemara Livestock who act as agents between Vendor and Purchaser and shall not be liable as a party in any action or dispute between them.
16.1. Connemara Livestock reserve the right to charge interest on unpaid accounts at 1.5% per month or part thereof on all accounts which are unpaid 21 days after the Sale.
16.2. If for any reason a Lot is purchased and not paid for as hereinbefore provided (notwithstanding if the risk has passed to the Purchaser) then the following provisions shall take effect until payment is received:
16.2.1. Connemara Livestock shall be entitled to retain the Lot and shall have a lien over the Lot and all documents relating to it, including the passport of the Lot, for all expenses, incurred by it or any agent of Connemara Livestock during such period of retention. Such lien may be exercised in respect of any other sum due by the Purchaser or the Vendor to Connemara Livestock. Connemara Livestock shall also be entitled to exercise the said lien over any documents in their possession relating to any other Lot or Lots owned by the Purchaser or the Vendor. A Lot shall not be delivered to the Purchaser until the expenses referred to above have been paid, in addition to the Purchase Price.
16.2.2. In the event of a lot having been removed from Connemara Livestock’s premises then Connemara Livestock shall be entitled to repossess the Lot from anyone in possession of it.
16.2.3. Nothing in these Conditions shall preclude Connemara Livestock and/or the Vendor of a Lot from pursuing all legal remedies available to them for the recovering of the Purchase Price from a defaulting Purchaser and all expenses and damages and commission lost resulting from such default.
16.3. In the event that the Purchaser fails to pay the full amount of the purchase monies, Connemara Livestock shall be under no obligation to pay any sums to the Vendor.
17. Subject to these conditions, Connemara Livestock act as the agent of both the Vendor and the Purchaser and to this end, Connemara Livestock shall use their best endeavours to act to the mutual benefit of both Vendor and Purchaser. In the event that any dispute arises for whatever reason as between the Vendor and the Purchaser, then Connemara Livestock, the Vendor and the Purchaser shall be bound by these Conditions of Sale. Connemara Livestock shall not be liable to the Purchaser or to the Vendor in any manner howsoever arising from the Sale of any Lot and in the event of any dispute arising in relation to any Lot, the Vendor’s remedy shall be against the Purchaser and the Purchaser’s
remedy shall be against the Vendor. In the event that the dispute arises as between Vendor and Purchaser in respect of any Lot before Connemara Livestock have paid over any of the Purchase Price, Connemara Livestock on being notified of the said complaint and dispute between the parties, provided that such a complaint is notified to Connemara Livestock within the time periods specified in these conditions, shall hold the Purchase Price in its possession in a designated bank account until such time as the dispute is resolved as between the Vendor and Purchaser, they both acknowledging to Connemara Livestock that the matter has been so resolved. In the event that a Vendor or Purchaser initiates legal proceedings, Connemara Livestock shall be bound by these Conditions of Sale and by any Order of Court in relation to the matter. The Vendor or Purchaser as the case may be shall indemnify Connemara Livestock in respect of any costs incurred resulting from any proceedings arising out of a Sale. Any dispute arising out of the Sale of any Lot in accordance with there Conditions of Sale shall be a dispute between the Vendor and the Purchaser and in no circumstances shall Connemara Livestock be liable to either party in connection with such dispute or named as a party to such proceedings. Where Connemara Livestock are brought in as a party to any dispute, Connemara Livestock will be entitled to payment of their legal and other expenses on a full indemnity basis from the party who joins it in.
18.1. Every person on Connemara Livestock’s premises before, during or after the Sale shall be deemed to be at their own risk and shall have no claim against Connemara Livestock in respect of any injury sustained or any loss or damage to property which may occur from any cause whatsoever.
18.2. Connemara Livestock accept no liability for any disease, accident, loss or fatal or non-fatal injury caused to a Lot (including death, theft or injury) or caused by any Lot while it is being moved by Connemara Livestock’s employees, agents or subcontractors at any time whilst it is on Connemara Livestock premises. Provided always, that nothing in this sub-condition shall be taken to exclude or restrict Connemara Livestock’s liability at law for death or personal injury to persons arising from Connemara Livestock’s negligence.
18.3. Any person engaged to bring and take away a Lot shall do so at the cost and risk in all respects of the owner of such a Lot.
18.4. Connemara Livestock reserve the right to prohibit entry to their premises any animal which is suspected to be suffering from a contagious disease or any animal which is deemed to be unsafe by Connemara Livestock.
19.1. Connemara Livestock reserve the right to add, alter or otherwise modify these Conditions of Sale
19.2. These Conditions of Sale form the entirety of the agreement between Connemara Livestock, the owner, the Vendor and the Purchaser and no variation, save for any announcements made by the auctioneer in respect of a Lot at the auction, shall be valid or binding.
20. When any certificate, letter or notice is required to be given to Connemara Livestock under these Conditions of Sale it must be made in writing and delivered by hand or sent by post or emailed to email@example.com. Any notice required to be given by Connemara Livestock to the Vendor or the Purchaser shall be sent to the address given on the entry form or the
acknowledgement of the Purchaser. Such notice shall be deemed given on the date of delivery or the second day after posting or on the day of transmission depending whether the notice is sent by hand, post or email.
In the event of the pony being returned by the purchaser it is the responsibility of the purchaser to return the pony to the Connemara Pony Sales / Clifden Mart or to any other destination as may be agreed between the parties.
We strongly advise all vendors to have a completed or recent veterinary certificate.
Whatever name is on the auction book as determined by the auctioneer shall be the buyer.
Online Registration, online bidding and online conditions
1. Online bidding is now facilitated at connemaraponysales.com. You must register for online bidding in advance by following the link on
connemaraponysales.com or by contacting us at firstname.lastname@example.org or by calling (095) 21861/ (087) 2485422.
2. All bidders must be age 18 and older on the date of registration
3. As part of the registration process you will need to agree to our terms and conditions of sale and we will be bound by those conditions
4. All bidders must register at least 24 hours before a sale and must have authority to provide a debit or credit card from which a deposit of €500 may be put “on hold” for the duration of the sale. Any amount put “on hold” will be cancelled and released back to you at the end of the sale if you do not make a purchase or will be utilised against the total cost of your purchase in the event that you do make a purchase. By accepting our conditions of sale you authorise Connemara Livestock Sales Ireland 2014 Limited to debit the full amount of the purchase monies from your card.
5. Do not share any of the details of your account with anyone as your account is private as any purchase contracts entered into your online account are binding
6. Connemara Livestock Sales Ireland 2014 Ltd reserves the right to reject any account registration or terminate any previously registered account if it has any suspicion of unusual activity on the account which might pose a risk to the buyer, a seller or to Connemara Livestock Sales Ireland 2014 Ltd.
7. Bidding online is done so at your own risk and Connemara Livestock Sales Ireland 2014 Ltd cannot accept any responsibility for the failure of a bid whether caused by technical, wi-fi, internet connection or any other means.
8. Any bid you make is binding, even if it is made by mistake, and you will be responsible for full payment and collection if your online bid is determined to be the successful bid.
9. Following a successful bid, you may only bid on a subsequent Lot after full payment for Lot already purchased has been received by Connemara Livestock Sales Ireland 2014 Limited.
10. Connemara Livestock Sales Ireland 2014 Ltd will at the discretion of the auctioneer be the determinant of the winning bid, whether the bid be in, person, by telephone or online
11. The above terms and conditions are in addition to our standard terms and Conditions.