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. Weadvise all prospective purchasers to carefully read these conditions of sale beforebidding. The attention of purchasers is particularly drawn to their rights and theprocedures and time limit to be completed with in the event of complaint or dispute.
This Sale is held subject to the Conditions of Sale set out below. All potential Vendorsand Purchasers are advised to carefully read these Conditions of Sale. The Conditionsof Sale in this Sale Catalogue take precedence over any previously issued Conditionsof Sale.
TAKE NOTE that the conditions of sale set out herein relate solely to the ponyauctions 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 ConnemaraLivestock from time to time.
Connemara Livestock or Connemara Pony Sales or Sales Company or Clifden Martmeans 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 ConnemaraLivestock or who purchases the Lot following the sale.
Purchase Price (as regards the Purchaser) is the price in Euro at which the Lot wasknocked down by Connemara Livestock in the ring or the price at which it is sold plusVAT 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 wasknocked down by Connemara Livestock or the price at which it is afterwards, subjectto deductions for commissions, VAT, entry fee and any other charges which mayapply.
Unless the context or subject otherwise requires, references to words in one genderinclude 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 inperson and Purchasers are strongly advised to inspect each Lot prior topurchase. If you are bidding online it is recommended that you have somebodyon the ground to inspect the lot before you bid. It is the sole responsibility ofthe Purchaser to ensure that they are satisfied with the condition of any Lotbefore bidding. Prospective Purchasers may use a Veterinary Surgeon of theirown choice to check or inspect the condition of any Lot prior to Sale providedthe consent of the Vendor is obtained in advance and provided that the Vendorexpressly consents to the form of inspection to take place and it is understoodby prospective Purchasers that such consent is entirely at the Vendor’s owndiscretion.
2.2. Any discrepancies between the physical appearance of the relevant Lot and thedescription provided in the Catalogue must immediately be notified to theauctioneer prior to any potential Purchaser placing a bid on the Lot. Notifyingthe auctioneer shall preclude any successful Purchaser from later relying on adiscrepancy between the physical appearance of the relevant Lot and thedescription provided in the Catalogue which would have been reasonablyapparent on inspection for the purposes of cancelling the contract.
2.3. Connemara Livestock shall not be liable for any statement made in thisCatalogue or from the rostrum, concerning a Lot listed herein for Sale, nor forany description, pedigree or warranty expressed or implied on its behalf, suchinformation being supplied by the Vendor who alone is responsible for itsaccuracy.
3. All lots are sold subject to these Connemara Livestock Conditions of Sale and aresubject to any announcements that may be made by the auctioneer. A Vendormay call upon Connemara Livestock to amend the Catalogue description at theSale and it is the Purchaser’s responsibility to ensure they hears any suchannouncement made by the auctioneer. The information on the ConnemaraLivestock notice board, website and announcement boards in the sales ring is forguidance only and Connemara Livestock is not liable for any error or omissionfrom such information.
4. Each Vendor undertakes that a Lot entered in the Catalogue shall not besold before the Sale.
5. The Vendor is responsible for the accuracy of the content of the Catalogueinformation and the correction of any error or omission. Connemara Livestockshall not be liable for any statements made in the Catalogue or from the rostrumconcerning a Lot and the content or accuracy of any representation or statementare solely made by the Vendor in relation to any Lot. Connemara Livestockreserves the right to correct, without any legal obligation, incomplete orincorrectly completed entry forms to bring them in line with the ConnemaraPony Society records.
6. The Vendor is responsible for each Lot, up to any including the Sale. This includesany liability to Connemara Livestock and/or their parties. Vendors are required toensure that each Lot is appropriately handled and remains under their control.Connemara Livestock holds no liability to third parties including the Vendor orthe Purchaser at any time when on the premises of Connemara Livestock as aresult 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 isfit for any particular purpose. Any term, condition or warranty that might beincorporated into or apply to these Conditions of Sale are excluded to themaximum extent permissible by applicable law. It is the responsibility of thePurchaser to ensure that they are satisfied with the condition of any Lot beforebidding. Additionally a Purchaser must make their own enquiries and exercisetheir own judgement as to the value of a Lot.
8. Should any dispute arise between two or more bidders, or between ConnemaraLivestock and any bidder, Connemara Livestock’s decision shall be binding on allparties. At Connemara Livestock’s discretion the Lot in dispute may be put upagain for auction and resold.
9.1. A Lot will be at the Vendor’s risk at all times until the fall of the hammer (ortime of sale if sold afterwards) when the risk shall pass to the Purchasersubject to condition 9.2 below.
9.2. Any Lot sold subject to re-examination under the terms of condition 10 shall beat the Vendor’s risk for 60 minutes from the fall of the hammer or, ifreexamination is requested, until the completion of the re-examination. Riskremains with the Vendor if/when the Lot fails the examination and passes tothe Purchaser if/when the Lot passes the examination.
9.3. Notwithstanding the passing of risk in this Condition or delivery of the Lot tothe Purchaser, the Vendor shall retain title to the Lot until the Purchase Pricehas been paid to Connemara Livestock.
9.4. Where Connemara Livestock have paid out the Vendor, title to the Lot will vestin Connemara Livestock on the same terms as 9.3 above. Title shall only passto the Purchaser when the Purchaser has paid the Purchase Price.
10.1. Following a successful bid, the Purchaser may notify Connemara Livestock if are-examination by a Veterinary Surgeon is required and shall specify thereason or reasons to a staff member of Connemara Livestock Sales why such areexamination is required. Such notification must be made within 60 minutesfrom the fall of the hammer (the “Time of Purchase”) and the followingconditions shall apply:
10.2. In the event that the Purchaser so notifies Connemara Livestock, the Lot shallremain at the Vendor’s risk and Connemara Livestock may arrange for suchreexamination to take place at the expense of the Purchaser and to beperformed on a date and time as agreed between Connemara Livestock, theVendor and the Purchaser by an equine Veterinary Surgeon appointed byConnemara Livestock;
10.3. If on such re-examination a defect is ascertained in the Lot, and such defecthas not been referred to in the original Veterinary Certificate furnished by theVendor prior to the Sale or identified in the entry form or had not beennotified by the Vendor to the auctioneer prior to the auction and theappointed equine Veterinary Surgeon is of the opinion that such defect wouldrender the Lot not reasonably fit for purpose then the Purchaser, at theirdiscretion, may terminate the contract return the Lot to the Vendor and seek arefund of the Purchase Price paid or the Purchaser may keep the Lot as is andthe contract shall not be terminated and the decision of the VeterinarySurgeon will be final and binding on the parties;
10.4. If on such re-examination no such defect is ascertained, that satisfies theprovisions of 10.3 title to the Lot shall pass to the purchaser and the purchasershall take possession of the Lot provided always that the Purchaser hasdischarged the Purchase Price.
10.5. The Purchaser shall not be entitled to call for x-rays to be performed in thereexamination request and if it is requested then the re-examination requestshall be denied unless as agreed by all parties.
10.6. Failure to give notice and the reason or reasons to Connemara Livestock withinthe 60-minute period (calculated from the Time of Purchase) shall be anabsolute bar to a re-examination and the Purchaser shall be bound to keep andto pay for the Lot.
11.1. The Vendor is responsible for the declaration of all known vices and past historyof the Lot in relation to unsoundness, ailments or vices on the entry form. TheVendor must declare any problem with the Lot relating to unsoundess, ailmentsor 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 forunsoundness in wind or has shown any evidence of sweetitch or any othersimilar vice. If any of the said problems present, Connemara Livestock shall benotified and that notification shall specify the particular problem within sevendays 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 accordancewith this condition, Connemara livestock shall then contact the Vendor to makethem aware of said complaint. Connemara Livestock may give contact details forboth parties to allow for dialogue, discussion and negotiation regarding saidcomplaint. In the event there been no agreement between the parties regardingsaid complaint Connemara Livestock shall at its discretion be entitled tonominate a Veterinary Surgeon or other equine expert to investigate thePurchaser’s claim at the Purchaser’s cost and the decision of such VeterinarySurgeon or equine expert shall be binding on the Vendor and Purchaser.
11.3. Failure to give notice specifying the particular problem to Connemara Livestockwithin the 7-day period (calculated from the Date of Sale) in accordance withthis condition shall be an absolute bar to any claim in respect of any allegedproblem and the Purchaser shall be bound to keep and to pay for the Lotwhether 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 ConnemaraLivestock all costs and expenses incurred by Connemara Livestock and theamount of the payment shall be fixed by Connemara Livestock whose decisionshall be final and binding on the parties. However if it is decided that the Lot isnot returnable the Purchaser shall pay Connemara Livestock the amount of thesaid payment.
12.1. The auction shall be conducted in Euro and subject to condition 13 paymentmust be made in Euro by the Purchaser for each Lot on the day of the Sale andthe 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 attheir discretion and may allow the Purchaser to remove the Lot before fullpayment has been received. In the event that payment is not received underthe agreed terms, Connemara Livestock will endeavour to collect the debt bywhatever means are deemed appropriate.
12.2. Payments must be made in cash, by credit card or by Bankers Draft. CreditCards, Business Debit Cards and non-ROI (Republic of Ireland) PersonalDebit Cards are subject to a 2.5% surcharge. Prospective Purchasers whowish to pay by cheque or any other method must make arrangements withConnemara Livestock in advance of the sale.
12.3. The Vendor will pay commission to Connemara Livestock equal to 2.5% of theSale Price.
12.4. The Purchaser will pay commission to Connemara Livestock equal to 7% of thePurchase Price.
12.5. A similar charge will be made for any Lot disposed of between the date ofpublication of the Catalogue and one week after the date of sale.
12.6. All fees and commissions are subject to VAT at the appropriate rate
12.7. A Purchaser shall furnish his name and address to Connemara Livestockimmediately after the Lot is knocked down and shall immediately pay thePurchase Price and commission.
12.8. Should the Purchase Price not be paid immediately the Purchaser shall not beentitled to take possession of the Lot and Connemara Livestock reserve theright to retain possession of the Lot, and it’s passport until such time as thePurchase Price is paid and may at its discretion put up the lot for Auction andre-sell it.
12.9. Payment to the Vendor or his authorised agent will be made 28 days after theday 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 mustdisclose the name and address of his principal when required by ConnemaraLivestock and both the Purchaser and his principal shall be jointly and severallyliable under these Conditions.
13.2. Where the Purchaser notifies Connemara Livestock after the Sale that a Lot hasbeen bought on behalf of another and asks Connemara Livestock to invoice thatperson (the “Nominee”), Connemara Livestock (at its absolute discretion) mayagree to do so, on the basis that the Purchaser and the Nominee will be jointlyand severally liable to pay the Purchase Price. The Purchaser’s paymentobligations in respect of the relevant Lot will only be discharged in the eventthat the Nominee has paid the whole of the Purchase Price. However, where theNominee pays part of the sum due but the remainder is unpaid, ConnemaraLivestock’s claim shall be limited to the unpaid sum.
14.1. Connemara Livestock reserve the right to exclude or remove any person oranimal from their premises without giving any reason.
14.2. Connemara Livestock reserve the right not to include in the Catalogue or offerfor 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 orimplied in respect of the Lot or as to the identity of the owner(s) of any Lot at thetime of entry, time of Sale or at any other time. In the event of any dispute thePurchaser’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 asagents between Vendor and Purchaser and shall not be liable as a party in anyaction or dispute between them.
16.1. Connemara Livestock reserve the right to charge interest on unpaid accountsat 1.5% per month or part thereof on all accounts which are unpaid 21 daysafter 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 followingprovisions shall take effect until payment is received:
16.2.1. Connemara Livestock shall be entitled to retain the Lot and shall have alien over the Lot and all documents relating to it, including the passportof the Lot, for all expenses, incurred by it or any agent of ConnemaraLivestock during such period of retention. Such lien may be exercised inrespect of any other sum due by the Purchaser or the Vendor toConnemara Livestock. Connemara Livestock shall also be entitled toexercise the said lien over any documents in their possession relating toany other Lot or Lots owned by the Purchaser or the Vendor. A Lot shallnot be delivered to the Purchaser until the expenses referred to abovehave been paid, in addition to the Purchase Price.
16.2.2. In the event of a lot having been removed from Connemara Livestock’spremises then Connemara Livestock shall be entitled to repossess theLot from anyone in possession of it.
16.2.3. Nothing in these Conditions shall preclude Connemara Livestock and/orthe Vendor of a Lot from pursuing all legal remedies available to themfor the recovering of the Purchase Price from a defaulting Purchaser andall expenses and damages and commission lost resulting from suchdefault.
16.3. In the event that the Purchaser fails to pay the full amount of the purchasemonies, Connemara Livestock shall be under no obligation to pay any sums tothe Vendor.
17. Subject to these conditions, Connemara Livestock act as the agent of both theVendor and the Purchaser and to this end, Connemara Livestock shall use theirbest endeavours to act to the mutual benefit of both Vendor and Purchaser. Inthe event that any dispute arises for whatever reason as between the Vendorand the Purchaser, then Connemara Livestock, the Vendor and the Purchasershall be bound by these Conditions of Sale. Connemara Livestock shall not beliable to the Purchaser or to the Vendor in any manner howsoever arising fromthe 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’sremedy shall be against the Vendor. In the event that the dispute arises asbetween Vendor and Purchaser in respect of any Lot before ConnemaraLivestock have paid over any of the Purchase Price, Connemara Livestock onbeing notified of the said complaint and dispute between the parties, providedthat such a complaint is notified to Connemara Livestock within the time periodsspecified in these conditions, shall hold the Purchase Price in its possession in adesignated bank account until such time as the dispute is resolved as betweenthe Vendor and Purchaser, they both acknowledging to Connemara Livestockthat the matter has been so resolved. In the event that a Vendor or Purchaserinitiates legal proceedings, Connemara Livestock shall be bound by theseConditions of Sale and by any Order of Court in relation to the matter. TheVendor or Purchaser as the case may be shall indemnify Connemara Livestock inrespect 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 Conditionsof Sale shall be a dispute between the Vendor and the Purchaser and in nocircumstances shall Connemara Livestock be liable to either party in connectionwith such dispute or named as a party to such proceedings. Where ConnemaraLivestock are brought in as a party to any dispute, Connemara Livestock will beentitled to payment of their legal and other expenses on a full indemnity basisfrom the party who joins it in.
18.1. Every person on Connemara Livestock’s premises before, during or after theSale shall be deemed to be at their own risk and shall have no claim againstConnemara Livestock in respect of any injury sustained or any loss or damage toproperty which may occur from any cause whatsoever.
18.2. Connemara Livestock accept no liability for any disease, accident, loss or fatal ornon-fatal injury caused to a Lot (including death, theft or injury) or caused byany Lot while it is being moved by Connemara Livestock’s employees, agents orsubcontractors at any time whilst it is on Connemara Livestock premises.Provided always, that nothing in this sub-condition shall be taken to exclude orrestrict Connemara Livestock’s liability at law for death or personal injury topersons 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 riskin all respects of the owner of such a Lot.
18.4. Connemara Livestock reserve the right to prohibit entry to their premises anyanimal which is suspected to be suffering from a contagious disease or anyanimal which is deemed to be unsafe by Connemara Livestock.
19.1. Connemara Livestock reserve the right to add, alter or otherwise modify theseConditions of Sale
19.2. These Conditions of Sale form the entirety of the agreement betweenConnemara Livestock, the owner, the Vendor and the Purchaser and novariation, save for any announcements made by the auctioneer in respect of aLot at the auction, shall be valid or binding.
20. When any certificate, letter or notice is required to be given to ConnemaraLivestock under these Conditions of Sale it must be made in writing anddelivered by hand or sent by post or emailed to info@connemaraponysales.com.Any notice required to be given by Connemara Livestock to the Vendor or thePurchaser shall be sent to the address given on the entry form or theacknowledgement of the Purchaser. Such notice shall be deemed given on thedate of delivery or the second day after posting or on the day of transmissiondepending whether the notice is sent by hand, post or email.
21. These Conditions of Sale shall be governed by the laws of the Republic of Ireland andshall be subject to the exclusive jurisdiction of the Irish courts in relation to anydispute arising hereunder.In the event of the pony being returned by the purchaser it is the responsibility ofthe purchaser to return the pony to the Connemara Pony Sales / Clifden Mart or toany 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 thebuyer.
Online Registration, online bidding and online conditions
1. Online bidding is now facilitated at connemaraponysales.com. You mustregister for online bidding in advance by following the link onconnemaraponysales.com or by contacting us atinfo@connemaraponysales.com or by calling (095) 21861/ (087) 2485422. 2. Allbidders 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 andconditions of sale and we will be bound by those conditions
4. All bidders must register at least 24 hours before a sale and must haveauthority to provide a debit or credit card from which a deposit of €500 maybe put “on hold” for the duration of the sale. Any amount put “on hold” willbe cancelled and released back to you at the end of the sale if you do notmake a purchase or will be utilised against the total cost of your purchase inthe event that you do make a purchase. By accepting our conditions of saleyou authorise Connemara Livestock Sales Ireland 2014 Limited to debit thefull amount of the purchase monies from your card.
5. Do not share any of the details of your account with anyone as your accountis private as any purchase contracts entered into your online account arebinding
6. Connemara Livestock Sales Ireland 2014 Ltd reserves the right to reject anyaccount registration or terminate any previously registered account if it hasany suspicion of unusual activity on the account which might pose a risk tothe buyer, a seller or to Connemara Livestock Sales Ireland 2014 Ltd.
7. Bidding online is done so at your own risk and Connemara Livestock SalesIreland 2014 Ltd cannot accept any responsibility for the failure of a bidwhether 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 beresponsible for full payment and collection if your online bid is determined tobe the successful bid.
9. Following a successful bid, you may only bid on a subsequent Lot after fullpayment for Lot already purchased has been received by ConnemaraLivestock Sales Ireland 2014 Limited.
10. Connemara Livestock Sales Ireland 2014 Ltd will at the discretion of theauctioneer 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 andConditions.
