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T's & C's

The sale and purchase of livestock at all our auctions and for direct sales of livestock are subject to the terms and conditions below.  A hard copy, including our Complaints Policy and Procedure, may be requested when you attend for auction or by writing to UA Livestock Limited, Stirling Agricultural Centre, Stirling, FK9 4RN.  For FCA related matters customers may also refer complaints to the Financial Ombudsman Service (www.financial-ombudsman.org.uk).

 

TERMS AND CONDITIONS OF SALE 

INTERPRETATION

1.1 In these Conditions, the following words shall have the following meanings:

“● Day Warranty” means a warranty under which a claim may be made up to the time stated in days[●] after the day of the Sale but must be made by notice in writing received by the Company within that period eg. a 5 Day Warranty;

“●+● Warranty” means a warranty under which a claim may be made up to the time period stated after the day of the Sale but must be made by notice in writing received by the Company within the time period stated at the end of that period eg. a 5+5 Day Warranty;

After-Sale Warranty” means a warranty under which a claim may be made up to one hour after the Hammer Strike 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 Warrantor within that period;

Auctioneer” means the representative of the Company conducting the Sale;

Bidder” means any person who has registered with the Company in advance of the Sale to take part in the Sale; 

Business Day” means any day from Monday to Friday inclusive (excluding all public, statutory and bank holidays) on which the Company is open for business;

Calf” means any bovine animal under the age of 56 days;

Commission” means the Company’s current rate of commission as published at the Sale Premises from time to time;

Company” means UA Livestock Limited, a company incorporated under the Companies Act 1985 with registered number SC303729 and having its registered office at Stirling Agricultural Centre, Stirling FK9 4RN;

Conditions” means, in the case of the Consignor Contract, the terms and conditions set out in Part B, and in the case of the Purchaser Contract, the terms and conditions set out in Part C;

Consignor” means the company, partnership, business or individual who/which offers the Lot or Livestock for sale to the Company;

Consignor Contract” means the contract between the Consignor and the Company for the sale of the Lot or Livestock (as applicable) in accordance with and incorporating the Conditions;

Defra” means the Department for Environment Food and Rural Affairs, or, where appropriate, any other department of Her Majesty's Government or the Scottish Government;

“Direct Sale” means a sale or purchase of Livestock between the Company and a farm or abattoir, excluding any sale or purchase by auction;

Direct Sale Conditions” means; 

(a) in respect of the Consignor Contract, Conditions 2.2 to 2.7 (Application of Conditions), 7.2 and 7.3 (Price and Payment), 8 (Statutory Levy Schemes), 9 (Liability of Consignors and Purchasers for Documentation), 14 (Direct Sales), 15 (Weighbridges), 16 (Warranties), 17 (Termination), 18 (Entire Agreement), 19 (Assignation), 20 (Force Majeure), 21 (Severability), 22 (Waiver), 23 (Third Party Rights), 24 (Notices), 25 (Governing Law), and 

(b) in respect of the Purchaser Contract, Conditions 1.2 to 1.4 (Application of Conditions), 3.2 to 3.5 (Risk/Title), 4.4 to 4.7 (Price and Payment), 7 (Statutory Levy Schemes), 8 (Liability of Consignors and Purchasers for Documentation), 12 (Direct Sales), 12.2 (Weighbridges), 14 (Warranties), 15 (Default), 16 (Limitation of Liability), 17 (Termination), 18 (Entire Agreement), 19 (Assignation), 20 (Force Majeure), 21 (Severability), 22 (Waiver), 23 (Third Party Rights), 24 (Notices) and 25 (Governing Law),

provided that any reference in such Conditions to:

(c) Lots shall be construed as a reference to Livestock, 

(d) Sale shall be construed as a reference to Direct Sale, and 

(e) purchase at auction shall be construed as a purchase pursuant to a Direct Sale;

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;

Hammer Price” means the amount of the highest bid for a Lot accepted by the Auctioneer;

Hammer Strike” means the point at which the Auctioneer accepts the highest bid for a Lot when the Auctioneer’s hammer goes down and is struck;

Heifer” means, for the purposes of Part 2 of the Schedule (Animals Sold for Slaughter) and Part 3 of the Schedule (Store Cattle), any female bovine animal which has not previously given birth to a Calf and, for the purposes of Part 5 of the Schedule (Dairy and Beef Breeding Cattle), includes a young cow which has not reached the end of her first natural lactation;

Imported” means any animal 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;

Livestock” means any animal or animals sold to or by the Company pursuant to a Direct Sale;

Lot” means any animal or animals sold to the Company by the Consignor with the purpose of the Company offering it for resale at the Sale; 

Private Sale” has the meaning given, in respect of the Consignor Contract, in Condition 13.1 or, in respect of the Purchaser Contract, in Condition 11;

Purchaser” means (i) in respect of an auction sale, the Bidder who makes the highest bid accepted by the Auctioneer; (ii) in respect of a Private Sale, the person agreeing to purchase the Lot from the Consignor; and (iii) in respect of a Direct Sale, the person agreeing to purchase the Livestock from the Company;

Purchaser Contract” means the contract between the Purchaser and the Company for the resale of the Lot or Livestock (as applicable) in accordance with and incorporating the Conditions; 

Recipientmeans, in the case of the Consignor Contract, the Company, and in the case of the Purchaser Contract, the Purchaser;

Sale” means the auction sale at which a Lot is to be offered for sale by the Company;

Sale Premises” means the land and/or buildings used by the Company to conduct the Sale; 

Schedule” means the schedule (including the appendix) attached at Part D and forming part of these Conditions;

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;

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; and

Warrantor” means, in the case of the Consignor Contract, the Consignor, and in the case of the Purchaser Contract, the Company. 

1.2 Headings are for ease of reference only and shall not affect the construction or interpretation of any provision. 

1.3 Words importing the singular shall include the plural and vice versa and words denoting any gender shall include all genders.

1.4 Reference to statutes, any statutory instrument, regulation, or order shall be construed as a reference to such statute, statutory instrument, regulation, or order as amended or re-enacted from time to time.

1.5 References to a person include a company, partnership, business or individual.

1.6 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 the same class as the preceding words where a wider construction is possible. 

1.7 Where the time limit 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.

1.8 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.

1.9 Any period of time expressed as a number of days shall be taken to refer to that number of clear days. 

 

B – CONSIGNOR TERMS AND CONDITIONS

 

1 APPOINTMENT

The Consignor appoints the Company to sell the Lot under auction at the Sale in accordance with these Conditions.

 

2 APPLICATION OF CONDITIONS 

2.1 By offering Lots for sale by the Company, the Consignor agrees that it has read, understood and accepted these Conditions and by selling the Lots to the Company, it agrees to be bound by these Conditions.

2.2 A Consignor selling Livestock to the Company pursuant to a Direct Sale agrees that it has read, understood and accepted the Direct Sale Conditions and by selling the Livestock to the Company, it agrees to be bound by the Direct Sale Conditions.

2.3 Unless otherwise agreed in writing by the Company, these Conditions are the only conditions upon which the Company is prepared to sell the Lots. These Conditions shall constitute the whole agreement between the Company and the Consignor and shall govern the Consignor Contract to the entire exclusion of all other terms and conditions (including the Consignor’s terms and conditions or those implied by trade, custom or practice).

2.4 No variation to these Conditions shall be binding unless agreed to in writing by the Company.

2.5 The Company’s rights under these Conditions are in addition to the statutory conditions implied in favour of the Company by the Sale of Goods Act 1979. 

2.6 If any of the Lots or Livestock fail to comply with the provisions set out in these Conditions, the Company shall be entitled to avail itself of any one or more remedies listed in Part 10 of the Schedule.  

2.7 The Consignor shall ensure that at all times it has and maintains all the licences, permissions, authorisations, consents and permits that it needs to carry out its obligations under the Consignor Contract.
 

3 DELIVERY OF THE LOTS TO THE COMPANY

3.1 Unless otherwise agreed in writing by the Company, the Lots shall be delivered by the Consignor or on behalf of the Consignor, carriage paid, to the Sale Premises at such times and dates to be agreed by the Company. The Consignor shall off-load and deliver the Lots at its own risk, in accordance with any applicable Enactment, instructions or any direction by the Company.

3.2 Delivery of the Lots shall be completed on the completion of unloading the Lots at the Sale Premises.

3.3 Unless otherwise agreed in writing by the Company, the Company shall only accept deliveries during normal business hours.

3.4 The Consignor shall ensure or the Consignor shall procure that the Lots are transported safely in accordance with all applicable Enactments, including but not limited to, in relation to the transportation of animals.
 

4 EXCLUSION OF ANIMALS

4.1 The Company may in its absolute sole discretion refuse to offer for sale and/or exclude from the Sale Premises, any animal brought to the Sale Premises by any person.

4.2 Without limiting its effect, the Company may exercise its rights under Condition 4.1 in relation to: 
4.2.1 any animal which shows any signs of disease, deformity or of being dangerous;  
4.2.2 any animal which is over-full or excessively dirty; or 
4.2.3 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 satisfies applicable safety precautions.

4.3 Any decision of the Company under Conditions 4.1 or 4.2 shall be final and binding on the Consignor and the Company 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 4.1 or 4.2, or for any consequences resulting from any such act.

4.4 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, claims, damages, costs, losses or expenses which the Company or any other person may sustain or incur, either directly or indirectly, as a result of such act.
 

5 RESERVE PRICES, ORDER OF SALE AND BIDDING

5.1 The Company reserves the following rights: 
5.1.1  to fix a reserve price for the Lot (“the Reserve”);    
5.1.2  to bid on behalf of the Consignor up to the value of the Reserve;  
5.1.3  to re-arrange, consolidate or withdraw any Lots or to vary the order of the Sale; and  
5.1.4  without giving any reason, to refuse to accept the bid(s) of any person.

5.2 A Consignor who wishes to fix a reserve price on any Lot owned by him shall so notify the Company in writing prior to the commencement of the Sale, failing which the Company may sell the Lot to the highest Bidder.

5.3 The Company may refuse to accept bids from a Consignor for a Lot owned by him and a Consignor shall not bid for a Lot owned by him other than where the Company has been requested to bid on the Consignor’s behalf. 

5.4 No person may advance on the previous bid less than the sum named from time to time by the Company or Auctioneer.

5.5 No bid may be retracted.

5.6 If a dispute arises as to any bidding, then, at the discretion of the Company, either:
5.6.1 the relevant Lot shall immediately be put up for sale again; or
5.6.2 the Company shall determine the dispute, and their decision shall be final and binding on all parties.
 

6 RISK/TITLE

6.1 Risk in the Lots shall remain with the Consignor until the point in time immediately prior to the Hammer Strike. For the avoidance of doubt, risk in the Lots shall pass to the Purchaser immediately at the Hammer Strike.

6.2 Title will pass from the Consignor to the Company immediately at the Hammer Strike. 

6.3 Unless expressly agreed, the Company shall have no liability or obligation for the safe custody of any Lot after the Sale.
 

7 PRICE AND PAYMENT 

7.1 If the Lot is sold by the Company, the Hammer Price less Commission and any other deductions that may be required under these Conditions shall be paid to the Consignor. 

7.2 Payment by the Company shall be without prejudice to any claims or rights which the Company may have against the Consignor, and shall not constitute any admission by the Company as to the performance by the Consignor of its obligations under the Consignor Contract.

7.3 Without prejudice to any other right or remedy, the Company reserves the right to set off any amount owing at any time from the Consignor to the Company against any amount payable by the Company to the Consignor under the Consignor Contract or any other contract between the Company and the Consignor. 
 

8 STATUTORY LEVY SCHEMES

8.1 The Company shall notify Consignors of any statutory levy schemes which are in force at the time of the Sale and shall clearly designate prior to the start of the 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 Company has designated a slaughter section of the Sale, the Consignor 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 of the Sale.

8.2 For the purposes of Condition 8.1, the Company’s decision regarding the designation of animals as slaughter animals or non-slaughter animals shall be final and binding on the Consignor.
 

9 LIABILITY OF CONSIGNORS AND PURCHASERS FOR DOCUMENTATION 

9.1 Where under any Enactment a Lot must be accompanied by any documentation, the Consignor shall be responsible for delivering to the Company all relevant documents and shall indemnify the Company against any claim by the Purchaser resulting from:   
9.1.1 false or incorrectly completed documents; or 
9.1.2 the Consignor’s non-delivery to the Company of any such documentation.

9.2 Where any Enactment requires the Company to give information to an approved or-ganisation or regulatory or governing body, such as Defra or its agents, the Company may use any documentation or other information in its possession to supply any information required.
 

10 ADVERTISEMENTS

If a Lot entered for Sale is specifically advertised or published by the Company and the Consignor entering that Lots fails to deliver it and bring it for the Sale on the relevant day, the Company may charge the Consignor for the expenses and costs incurred by the Company.
 

11 DISCLOSURE OF CONSIGNOR’S NAME

Each Lot shall be entered for sale in the name of the Consignor notwithstanding the fact that the Company shall be, for all purposes, a reseller of the Lots. 
 

12 PRINCIPAL AND AGENT: JOINT AND SEVERAL LIABILITY: BIDS BY AGENTS

12.1 Where Lots are offered for sale by a Consignor in its own name but it is in fact acting as an agent, the Consignor shall, if so required by the Company, be bound to disclose the name and address of its 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.

12.2 Any person intending to bid for any Lot as an agent shall so inform the Company before the sale of such Lot begins and shall, if required by the Company, disclose the name and address of its principal.
 

13 PRIVATE SALES

13.1 If a Consignor delivers a Lot to the Sale Premises for sale that the Consignor sells privately on the day of the Sale, either before it is offered for sale at auction or, if it fails to sell at auction, afterwards (a “Private Sale”), these Conditions shall, so far as applicable, govern that Private Sale.

13.2 In the case of a Private Sale:
13.2.1 either the Consignor shall or the Consignor shall procure that the Purchaser shall inform and log the transaction with the Company, and the agreed purchase price shall be payable to the Company in full;     
13.2.2 the Company 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 the Company may deduct the commission from the agreed purchase price before accounting to the Consignor; and  
13.2.3 at the time of conclusion of the agreement to sell the Lot, title shall pass from the Consignor to the Company and risk shall pass from the Consignor to the Purchaser.

13.3 If the Consignor fails to comply with the provisions of Condition 13.2.1, it shall be liable to pay the Company’s commission. 
 

14 DIRECT SALES

14.1 Risk and Title

Risk and title in the Livestock shall pass to the Company when the Livestock is loaded onto the Company’s vehicle or delivered to the Company’s premises by the Consignor (as applicable).

14.2 Price and Payment

The Company shall pay to the Consignor such price for the Livestock as may be agreed between the Consignor and the Company at the time of the Direct Sale.
 

15 WEIGHBRIDGES

The Company shall use its reasonable endeavours to ensure that any weighbridge used in the Sale weighs accurately throughout the Sale, but it does not warrant the complete accuracy of any published or stated weights.
 

16 WARRANTIES

16.1 The Consignor warrants and represents to the Company in the terms of Parts 1 to 8 of the Schedule. 

16.2 Each of the warranties is separate and independent and, unless otherwise expressly provided, the Company shall have a separate claim and right of action in respect of any breach of each and every warranty.

16.3 The parties’ rights and obligations in respect of a claim under the warranties shall be construed in accordance with Part 10 of the Schedule.

16.4 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 the Company does not accept any responsibility for subsequent reaction to any relevant test administered after the Sale.
 

17 TERMINATION

17.1 Subject to Clause 17.4, the Consignor Contract in relation to each Lot shall expire on the date of payment by the Company to the Consignor (“Expiry Date”). 

17.2 The Consignor Contract may be terminated prior to the Expiry Date by either party by written notice with immediate effect if:
17.2.1 either party fails to observe or perform any of its material obligations contained in the Consignor Contract;
17.2.2 either party commits a material breach that it fails to remedy within thirty (30) days of being requested to do so by the other party; or  
17.2.3 either party ceases to carry on its activities, becomes unable to pay its debts when they fall due, becomes insolvent or apparently insolvent, has a receiver, manager, administrator, administrative receiver or similar officer appointed in respect of the whole or any part of its assets or business, makes any composition or arrangement with its creditors, takes or suffers any similar action in consequence of debt, an order or resolution is made for its dissolution or liquidation (other than for the purpose of solvent amalgamation or reconstruction) or enters into liquidation whether compulsorily or voluntarily or shall suffer any analogous event under any jurisdiction which it is subject to. 

17.3 Upon any breach by the Consignor of any of its duties or obligations under the Consignor Contract, the Company shall have the right to seek an order for specific performance or specific implement against the Consignor in addition to bringing a claim for damages. The Company shall in addition have the right to seek to recover any loss and damage suffered by it in respect of the Consignor's prior breach of its duties and obligations in connection with the provision of the Lots.

17.4 Termination or expiry of the Consignor Contract shall be without prejudice to the Company’s rights under Clause 16 and any rights of either party under the provisions of the Consignor Contract existing at the date the Consignor Contract expires or is terminated (including the right of either party to recover all sums due to that party up to such date of termination or the Expiry Date).
 

18 ENTIRE AGREEMENT

These Conditions, together with any specific announcements made by the Auctioneer at the time of Sale and any written confirmation of the Consignor Contract from the Company to the Consignor, together constitute the entire agreement and understanding between the parties in connection with the sale of the Lot and there is no other promise, representation, warranty, usage, custom, tradition, other practice or course of dealing affecting it. This Agreement shall supersede any prior promises, agreements, representations, undertakings or implications between the Consignor and the Company with respect thereto.
 

19 ASSIGNATION

19.1 The Company may at any time assign the Consignor Contract or any of its rights or obligations under it. 

19.2 The Consignor shall not, and shall not purport to, assign the Consignor Contract or any rights or obligations under it without the Company’s prior written consent. Any such consent shall not excuse the Consignor from performance on any obligation on its part to be performed.
 

20 FORCE MAJEURE

The Company reserves the right to defer payment or to terminate the Consignor Contract if it is prevented from or delayed in the carrying on of its business by acts, events, omissions or accidents beyond its reasonable control, including strikes, lock-outs or other industrial disputes (whether involving the workforce of the Company or any other party), failure of a utility service or transport network, act of God, outbreak of disease, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers.
 

21 SEVERABILITY

If and in so far as any part or provision of these Conditions is or becomes void or unenforceable it shall be deemed not to be or never to have been or formed a part of the Consignor Contract and the remaining provisions of the Consignor Contract shall continue in full force and effect.
 

22 WAIVER

The failure of either party to exercise or enforce any right conferred on that party by the Consignor Contract shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter.
 

23 THIRD PARTY RIGHTS

Save to the extent expressly set out in the Consignor Contract, the Consignor Contract is not intended nor shall it create any rights, entitlement, claims or benefits enforceable by any person that is not a party to it.
 

24 NOTICES

24.1 Irrespective of anything to the contrary in these Conditions, 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 its 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.

24.2 Notices shall be deemed given, in the case of notice given by recorded delivery post, two Business Days after the date of posting. Notices delivered by hand shall be deemed given at the time when left at the correct address of the recipient.
 

25 GOVERNING LAW 

The Consignor Contract shall be governed by and construed in accordance with Scots law and the parties hereby submit to the exclusive jurisdiction of the Glasgow Sheriff Court. 

 

 

 

C – PURCHASER TERMS AND CONDITIONS

1 APPLICATION OF CONDITIONS

1.1 Every Bidder and Purchaser shall be deemed to have full knowledge of these Conditions and, by taking part in the Sale and/or making a purchase of Lots from the Company, agree to be bound by them.

1.2 A Purchaser purchasing Livestock from the Company pursuant to a Direct Sale agrees that it has read, understood and accepted the Direct Sale Conditions and by purchasing the Livestock from the Company, it agrees to be bound by the Direct Sale Conditions.

1.3 Unless otherwise agreed in writing by the Company, these Conditions are the only conditions upon which the Company is prepared to offer the Lots for sale and to sell the Lots to the Purchaser. These Conditions shall constitute the whole agreement between the Company and each Bidder, and the Company and the Purchaser and shall govern the Purchaser Contract to the entire exclusion of all other terms or conditions (including the Purchaser’s terms and conditions or those implied by trade, custom or practice).

1.4 No variation to these Conditions shall be binding unless agreed to in writing by the Company.

1.5 A bid constitutes an offer by a Bidder to purchase a Lot in accordance with these Conditions. 

1.6 A bid shall only be deemed to be accepted by the Company at the Hammer Strike. 
 

2 RESERVE PRICES, ORDER OF SALE AND BIDDING

2.1 The Company reserves the following rights:   
2.1.1  to fix a reserve price for the Lot (“the Reserve”);  
2.1.2  to bid on behalf of the Consignor up to the value of the Reserve;  
2.1.3  to re-arrange, consolidate or withdraw any Lots or to vary the order of the Sale; and    
2.1.4  without giving any reason, to refuse to accept the bid(s) of any person.

2.2 No person may advance on the previous bid less than the sum named from time to time by the Company or the Auctioneer.

2.3 No bid may be retracted.

2.4 If a dispute arises as to any bidding, then, at the discretion of the Company, either: 
2.4.1  the relevant Lot shall immediately be put up again; or 
2.4.2  the Company shall determine the outcome of the dispute, and their decision shall be final and binding on all parties.
 

3 RISK/TITLE

3.1 The risk in the Lots shall pass to the Purchaser at Hammer Strike. 

3.2 Title to the Lots shall not pass from the Company to the Purchaser until the Company has received in full in cleared funds in the Company’s bank account all sums due to it in respect of:  
3.2.1  the Lots; and  
3.2.2  all other sums which are or which become due to the Company from the Purchaser on any account.

3.3 Until title to the Lots passes to the Purchaser, the Purchaser shall:  
3.3.1 store the Lots (at no cost to the Company) separately from all other Lots of the Purchaser or any third party in such a way that they remain readily identifiable as the Company’s property;  
3.3.2 keep the insured on the Company’s behalf for their full price against all risks to the reasonable satisfaction of the Company;  
3.3.3 provide adequate and appropriate food, water, nutrition, living conditions and veterinary care and treatment for the Lots;  
3.3.4 not allow the Lots to leave the Purchaser’s premises; and    3.3.5 not resell the Lots to any person.

3.4 The Purchaser’s right of possession of the Lots shall terminate immediately if, before title to the Lots passes to the Purchaser, the Purchaser becomes subject to any of the events listed in Conditions 3.4.1 to 3.4.5 below: 
3.4.1 the Purchaser has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or as a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of the Purchaser or notice of intention to appoint an administrator is given by the Purchaser or its directors or by a qualifying floating charge holder, or a resolution is passed, or a petition presented to any court for the winding-up of the Purchaser or for the granting of an administration order in respect of the Purchaser, or any proceedings are commenced relating to the insolvency or possible insolvency of the Purchaser;   
3.4.2 the Purchaser fails to observe or perform any of his/its obligations under the Purchaser Contract or any other contract between the Company and the Purchaser, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Purchaser ceases to trade; 
3.4.3 the Purchaser encumbers or in any way charges any of the Lots;
3.4.4 the Purchaser suspends, threatens to suspend, ceases or threatens to cease to carry on all or a substantial part of its business; or
3.4.5 being an individual the Purchaser dies, or by reason of illness or incapacity (whether mental or physical) is incapable of managing his or her own affairs or becomes a patient under any mental health legislation.

3.5 Until title has passed to the Purchaser, the Company may recover possession of the Lots from the Purchaser and the Purchaser grants the Company, its agents and employees an irrevocable licence at any time to enter any premises where the Lots are being stored in order to inspect them, or, where the Purchaser’s right to possession has terminated, to recover them.
 

4 PRICE AND PAYMENT 

4.1 The Purchaser shall give his name and address to the Company or Auctioneer when requested to do so. 

4.2 The Purchaser shall pay the Hammer Price for each Lot to the Company as soon after the fall of the hammer as the Company may require. Any time allowed for payment of the Hammer Price in respect of the purchase of any Lots shall not be construed as a waiver of the right to require earlier payment on any subsequent purchase. 

4.3 The Purchaser shall not make any set-off or other plea for non-payment of the Hammer Price and shall be liable to the Company for any unpaid portion of the Hammer Price whether or not the Lot bought has been collected or delivered.

4.4 If the Purchaser fails to pay for any Lot when required by the Company and the Purchaser is not entitled to return the Lot under any of these Conditions, the Company may, by notice in writing to the Purchaser, rescind the Purchaser Contract. The Lot will remain the property of the Company. 

4.5 No payment will be deemed to have been received by the Company until the Company has received cleared funds.

4.6 The Purchaser will pay interest on any amount payable under the Purchaser Contract from the date of the Sale to the date of payment at eight (8) per cent per annum above the base lending rate of the  Bank of Scotland plc from time to time. Such interest shall accrue on a daily basis and the Purchaser shall pay interest together with the overdue amount to the Company. The Purchaser acknowledges and agrees that the amounts set out in this Condition represent an appropriate remedy. 

4.7 All payments due to the Company by the Purchaser under the Purchaser Contract shall become due immediately on its termination.
 

5 COLLECTION OF THE LOTS

5.1 Unless otherwise agreed in writing by the Company, the Purchaser shall collect and uplift the Lots from the Sale Premises. 

5.2 The Purchaser shall remove the Lots at its own expense on the same day of the Sale and within a reasonable time of the end of the Sale but only after the Company has issued confirmation to the Purchaser that collection and uplift is permitted.
 

6 RESPONSIBILITY FOR STOCK BEFORE AND AFTER SALE

6.1 The Company shall take reasonable care when moving the animals to and from the sale ring.

6.2 If the Company expressly agrees to take charge of any lot after the Sale or to forward to it to its destination it shall be liable for any failure to fulfil this obligation which is due to its or its employees’ negligence. 

6.3 Save as provided by Conditions 6.1 and 6.2 or as expressly agreed, the Company shall have no liability or obligation to the Purchaser for the safe custody of any Lot after Hammer Strike.
 

7 STATUTORY LEVY SCHEMES

7.1 The Company shall notify Bidders of any statutory levy schemes which are in force at the time of the Sale and shall clearly designate prior to the start of the Sale the section of the Sale to which any levy scheme applies. 

7.2 In the case of levy schemes applying to animals in Lots designated as slaughter animals and where the auctioneers have designated a slaughter section of the Sale, the Purchaser accepts that the sum which he may recover from the Company will be credited to him only for animals sold in the Lots 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.

7.3 For the purposes of Conditions 7.1 and 7.2 the Company’s decision regarding the designation of animals as slaughter animals or non-slaughter animals shall be final and binding on Bidders and Purchasers.
 

8 LIABILITY OF CONSIGNORS AND PURCHASERS FOR DOCUMENTATION

8.1 Where, under any Enactment, a Lot must be accompanied by any documentation then the Purchaser shall be responsible for obtaining from the Company or the Consignor, as the case may be, all documentation to which he is entitled and shall indemnify the Company against any claim from any person resulting from the Purchaser's failure to do so.

8.2 If the Purchaser believes that any documentation is false or incorrectly completed he shall notify the Company by telephone (confirmed by notice in writing posted first class to the Company and supported by a Veterinary Surgeon's Certificate or similar official authorised certificate) before the end of normal business hours on the second day after the day of the Sale.

8.3 Where any enactment requires the Company to give information to an approved organisation or regulatory or governing body, such as Defra or its agents, the Company may use any documentation or other information in their possession to supply any information required.
 

9 DISCLOSURE OF AGENT/PRINCIPAL

9.1 Any person intending to bid for any Lot as an agent shall so inform the Company before the Sale of such Lot begins and shall, if required by the Company, disclose the name and address of his principal.

9.2 Subject to Condition 9.3, 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 under the contract and:      
9.2.1 any steps or proceedings authorised by these Conditions or the general law may be taken or commenced against either or both of them; and  
9.2.2 no steps taken or proceedings commenced against the principal or the agent shall be deemed to discharge the other from liability unless such steps or proceedings result in a final satisfied judgement.

9.3 Condition 9.2 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 under the Purchaser Contract.
 

10 SALES OF ANIMALS BY A PURCHASER 

10.1 If before a Lot is removed from the Sale Premises, the Purchaser of that Lot sells it on to a third party and notifies the Company of the name and address of that third party then that third party shall be treated as the Purchaser of that Lot and subject to all the obligations of the original Purchaser under these Conditions.

10.2 The provisions of Condition 10.1 will not affect the rights of the Company to hold the original Purchaser liable, if the third party purchaser fails to fulfil or perform any of those obligations.
 

11 PRIVATE SALES

11.1 If a Consignor delivers a Lot to the Sale Premises for sale that the Consignor sells to a Purchaser privately on the day of the Sale, either before it is offered for sale at auction or, if it fails to sell at auction, afterwards (a “Private Sale”), these Conditions shall, so far as applicable, govern that Private Sale.

11.2 In the case of a Private Sale:   
11.2.1 either the Purchaser shall or the Purchaser shall procure that the Consignor shall inform and log the transaction with the Company, and the agreed purchase price shall be payable to the Company in full;     
11.2.2 the Company 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 the Company may deduct the commission from the purchase price before accounting to the Consignor; and    
11.2.3 at the time of conclusion of the agreement to sell the Lot, title shall pass from the Consignor to the Company and risk shall pass from the Consignor to the Purchaser. For the avoidance of doubt, other than as set out in this Condition, Conditions 3.2 to 3.5 shall have effect in respect of the transfer of risk and title from the Consignor to the Purchaser.

11.3 If the Purchaser fails to comply with the provisions of Condition 11.2.1, it shall be liable to pay the Company’s commission. 
 

12 DIRECT SALES

12.1 Risk 

Risk in the Livestock shall pass to the Purchaser on collection or delivery in accordance with Clause 12.3.

12.2 Price and payment

12.2.1 The Purchaser shall pay the price agreed between the Purchaser and the Company as soon after the Direct Sale as the Company may require. Any time allowed for payment of the price in respect of any Livestock shall not be construed as a waiver of the right to require earlier payment on any subsequent purchase.
12.2.2 The Purchaser shall not make any set-off or other plea for non-payment of the price in respect of any Livestock and shall be liable to the Company for any unpaid portion of such price whether or not the Livestock has been collected or delivered.

12.3 Collection of the Livestock

The Livestock shall be collected and uplifted by the Purchaser, or delivered by the Company, at such date and time as may be agreed by the Purchaser and the Company.
 

13 WEIGHBRIDGES

The Company shall use its reasonable endeavours to ensure that any weighbridge used in the sale weighs accurately throughout the sale, but it does not warrant the accuracy of any published or stated weights.
 

14 WARRANTIES

14.1 The Company warrants and represents to the Purchaser in the terms of Parts 1 to 8 of the Schedule. 

14.2 Each of the warranties is separate and independent and, unless otherwise expressly provided, the Purchaser shall have a separate claim and right of action in respect of any breach of each and every warranty.

14.3 The parties’ rights and obligations in respect of a claim under the warranties shall be construed in accordance with Part 9 of the Schedule.

14.4 Except as expressly stated in the Purchaser Contract, all warranties and conditions whether express or implied by statute, common law or otherwise (including but not limited to satisfactory quality and fitness for purpose) are hereby excluded to the fullest extent permitted by law.

14.5 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 the Company does not accept any responsibility for subsequent reaction to any relevant test administered after the Sale.
 

15 DEFAULT

15.1 If a Purchaser fails to perform any of his obligations under the Conditions, the Company 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.

15.2 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 Company for the difference in price together with all associated re-sale costs and expenses.
 

16 LIMITATION OF LIABILITY

16.1 No party excludes or limits its liability to the other party for death or personal injury caused by any negligent act or omission, or wilful misconduct or breach of duty of such party.

16.2 The Company shall in no circumstances be liable to the Purchaser in respect of any of the following losses or damage (whether such losses or damages were foreseen, foreseeable, known or otherwise):
16.2.1  indirect or consequential loss or damage; 
16.2.2  loss of business profits, salary, business revenue, goodwill, or anticipated savings; or 
16.2.3  loss which could have been avoided by the Purchaser through reasonable conduct.

16.3 The Company shall not be liable to the Bidders or Purchasers in respect of 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 auctions, nor shall the Company incur any liability in relation to any dispute between Consignor and Purchaser.

16.4 In the event that, notwithstanding any of these Conditions, the Company is found liable to the Purchaser, such liability for actual damages for any cause whatsoever shall be limited to the price paid by the Purchaser to the Company in relation to provision of the Lots.
 

17 TERMINATION 

17.1 Subject to the provisions of Clauses 17.5 and 17.6, the Purchaser Contract in relation to each Lot shall expire on the date of payment of the Hammer Price by the Purchaser to the Company (“Expiry Date”). 

17.2 The Purchaser Contract may be terminated prior to the Expiry Date by either party by written notice with immediate effect if: 
17.2.1 either party fails to observe or perform any of its material obligations contained in the Purchaser Contract; 
17.2.2 either party commits a material breach that it fails to remedy within thirty (30) days of being requested to do so by the other party; or 
17.2.3 either party ceases to carry on its activities, becomes unable to pay its debts when they fall due, becomes insolvent or apparently insolvent, has a receiver, manager, administrator, administrative receiver or similar officer appointed in respect of the whole or any part of its assets or business, makes any composition or arrangement with its creditors, takes or suffers any similar action in consequence of debt, an order or resolution is made for its dissolution or liquidation (other than for the purpose of solvent amalgamation or reconstruction) or enters into liquidation whether compulsorily or voluntarily or shall suffer any analogous event under any jurisdiction which it is subject to. 

17.3 The Company may terminate the Purchaser Contract with immediate written notice if the Purchaser fails to pay the Hammer Price in accordance with Condition 4.

17.4 Upon any breach by the Purchaser of any of its duties or obligations under the Purchaser Contract, the Company shall have the right to seek an order for specific performance or specific implement against the Purchaser in addition to bringing a claim for damages. The Company shall in addition have the right to seek to recover any loss and damage suffered by it in respect of the Purchaser's prior breach of its duties and obligations in connection with the provision of the Lots.

17.5 Termination or expiry of the Purchaser Contract shall be without prejudice to any rights of either party under the provisions of the Purchaser Contract existing at the date the Purchaser Contract expires or is terminated (including the right of either party to recover all sums due to that party up to such date of termination or the Expiry Date).

17.6 Notwithstanding termination of the Purchaser Contract for any reason the Purchaser will continue to be liable for that proportion of the Hammer Price attributable to those Lots provided up until the date of termination. 
 

18 ENTIRE AGREEMENT

These Conditions, together with any specific announcements made by the Auctioneer at the time of Sale and any written confirmation of the Purchaser Contract from the Company to the Purchaser, together constitute the entire agreement and understanding between the parties in connection with the sale of the Lot and there is no other promise, representation, warranty, usage, custom, tradition, other practice or course of dealing affecting it. This Agreement shall supersede any prior promises, agreements, representations, undertakings or implications between the Purchaser and Company with respect thereto.
 

19 ASSIGNATION

19.1 The Company may at any time assign the Purchaser Contract or any of its rights or obligations under it.

19.2 The Purchaser shall not, and shall not purport to assign or otherwise transfer the Purchaser Contract or any rights or obligations under it without the Company’s prior written consent. Any such consent shall not excuse the Purchaser from performance of any obligations on its part to be performed.
 

20 FORCE MAJEURE

The Company reserves the right to defer the date of delivery or to cancel the Purchaser Contract (without liability to the Purchaser) if it is prevented from or delayed in carrying on its business by acts, events, omissions or accidents beyond its reasonable control including, without limitation, strikes, lock-outs, or other industrial disputes (whether involving the workforce of the Company or any other party), failure of a utility service or transport network, act of God, outbreak of disease, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for more than 7 days, the Purchaser shall be entitled to give notice in writing to the Company to terminate the Purchaser Contract.
 

21 SEVERABILITY 

If and in so far as any part or provision of these Conditions is or becomes void or unenforceable it shall be deemed not to be or never to have been or formed a part of the Purchaser Contract and the remaining provisions of the Purchaser Contract shall continue in full force and effect.
 

22 WAIVER

The failure of either party to exercise or enforce any right conferred on that party by the Purchaser Contract shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter.
 

23 THIRD PARTY RIGHTS

Save to the extent expressly set out in the Purchaser Contract, the Purchaser Contract is not intended nor shall it create any rights, entitlement, claims or benefits enforceable by any person that is not a party to it.
 

24 NOTICES

24.1 Any notice given under the Purchaser Contract shall be in writing and may be delivered by hand or sent by first class recorded delivery post to the other party at their last known address, or such other address as may from time to time be notified in writing to the party giving such notice or other communication, by the party to whom such notice or other communication is given. 

24.2 Notices shall be deemed given, in the case of notice given by recorded delivery post, two Business Days after the date of posting. Notices delivered by hand shall be deemed given at the time when left at the correct address of the recipient.
 

25 GOVERNING LAW

The Purchaser Contract shall be governed by and construed in accordance with Scots law and the parties hereby submit to the exclusive jurisdiction of the Glasgow Sheriff Court.

 
 

D – SCHEDULE

PART 1 – GENERAL WARRANTIES

1 TITLE

All Lots are accepted for resale by the Recipient on condition that the Warrantor warrants its right to sell the same. The Warrantor shall indemnify the Recipient against all actions, proceedings, claims, demands, costs, charges and expenses which they may sustain or incur by reason of any defect in the Warrantor’s title.
 

2 UNSOUNDNESS

2.1 Unless stated to the contrary in the catalogue or at the time of sale, subject to Paragraph 3, Part 1 of the Schedule and any specific exclusions detailed below, animals sold are warranted by the Warrantor as follows:

2.1.1 Store, dairy and beef breeding cattle
(a) Each animal (excluding calves except as warranted in Part 4 of the Schedule) 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 (ii) in all other respects except in the case of clinical Johne's disease, (and except as warranted in Schedule 1, Part 3 and Schedule 1, Part 5) a 5+5 Day Warranty (in the case of clinical Johne's disease a 30+5 Day Warranty).

2.1.2 Cattle sold for slaughter
(a) Each animal is warranted to be free from any visible injury, visible physical defect or external malformation. This warranty is an After-Sale Warranty.

2.1.3 Sheep
(a) Each animal is warranted to be free from any Unsoundness, except that this warranty shall not apply to feet, for which the Warrantor gives no warranty, or to mouth or udder except in the case of female sheep described as correct under Paragraph 2, Part 5 of the Schedule. This warranty is an After-Sale Warranty.

2.1.4 Pigs
(a) Each animal is warranted to be free from any Unsoundness. This warranty is an After-Sale Warranty.
 

3 EXCLUSIONS AND EXCEPTIONS TO THE WARRANTY OF SOUNDNESS

3.1 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 Warrantor at the time of Sale:
3.1.1 any stock bull, calved cow or calved Heifer or any cow or Heifer In Calf which realises less than the amount in Paragraph 1.1 of the Appendix;
3.1.2 any Calf, or any bovine animal not included in Paragraph 3.1.1 above, which realises less than the amount in Paragraph 1.2 of the Appendix;
3.1.3 any cull stock sold for slaughter except as warranted in Paragraph 4.1 of Part 1 of the Schedule and Paragraph 2.3, Part 2 of the Schedule; and
3.1.4 any sheep which realises less than the applicable amount in Paragraph 1.3 of the Appendix.
 

4 EFFECTS OF MEDICATION

4.1 The Warrantor warrants that, unless stated to the contrary 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.

4.2 Notice of a claim must be supported by a Veterinary Surgeon's Certificate.
 

5 ANIMALS FOUND TO BE IMPORTED

5.1 The Warrantor warrants that Lots described at the time of sale as home bred are not and do not contain Imported animals. This warranty is an After-Sale Warranty.

5.2 If the Recipient proves a breach of this warranty it may exercise its rights either in respect of the Imported animal only or in respect of all the animals in the Lot.


6 CONTACT WITH NON-ACCREDITED STOCK

If the Recipient allows an animal which, for the purpose of maintaining its health status is segregated from other animals on the Sale Premises, 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 Recipient would otherwise have under these Conditions to return the animals to the Warrantor shall be lost.
 

7 PEDIGREE STOCK 

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 Warrantor at the time of sale as applying to that Sale.

 

 

PART 2 – ANIMALS SOLD FOR SLAUGHTER

1 DESCRIPTION OF ANIMALS SOLD FOR SLAUGHTER 

1.1 Unless stated to the contrary 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.
 

2 WARRANTIES UNDER THE FOOD SAFETY ACT 1990

2.1 In this Part capitalised words and expressions have the following meanings:

the “Act” means the Food Safety Act 1990;

Agreed Damages” means the aggregate of:

(i) the Hammer Price at auction of the defective livestock, less any proceeds of disposal of elements of the carcass 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 the Sale and the date of dis-posal by the Purchaser; and

(iv) the reasonable fees of the Veterinary Surgeon and other reasonable costs of investigating liability.

Day of the Sale” means the date on which the livestock is sold at the Sale;

Defective Livestock” means any livestock not complying with the warranty in Paragraph 2.3 of this Part;

Livestock not Intended for Human Consumption” means any livestock declared “not intended for human consumption” by written notice displayed by the Company at the Sale Premises or announced by the Auctioneer at the time of Sale; and

Livestock Sold for Slaughter” means any livestock declared “sold for slaughter” by written notice displayed by the Company at the Sale Premises or announced by the Auctioneer at the time of Sale.

2.2 For the purposes of Paragraph 2.3 of this part, 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.

2.3 The Warrantor 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.

2.4 If the Recipient proves a breach of warranty then the Warrantor shall pay the Recipient Agreed Damages as calculated by the Recipient 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:
2.4.1 confirming that in its 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; 
2.4.2 identifying the Defective Livestock by ear tag and auction Lot number or other means; and 
2.4.3 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 Purchasers by the Company within 14 days of its submission).
 

3 WARRANTY ON LIVESTOCK SOLD FOR SLAUGHTER

3.1 Unless stated to the contrary at the time of Sale, subject to any specific exclusions detailed below, Livestock Sold for Slaughter are warranted by the Warrantor as follows: 

3.1.1 Heifers
(a) each Heifer is warranted not to be In Calf at the time of the Sale.

3.1.2 If the Recipient proves a breach of warranty:
(a) in respect of a Calf weighing at the time of slaughter 9 kg or less the Recipient shall not be entitled to any compensation or damages; and
(b) in respect of a Calf weighing at the time of slaughter more than 9 kg the Warrantor shall pay to the Recipient as Liquidated Damages a sum equal to one-and-a-half times the value of the Calf alone, calculated as a proportionate part of the value of the Heifer ascertained from its Hammer Price per live kg at the Sale.

3.1.3 Notice in writing of the Recipient’s claim must be given to the Warrantor within 48 hours after the slaughter of the Heifer supported by a Veterinary Surgeon's Certificate or a slaughterhouse 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.

3.1.4 Sheep
(a) Each female sheep is warranted not to be In Lamb at the time of the Sale. This warranty is a 5 Day Warranty.
(b) If the Recipient proves a breach of warranty the Warrantor shall pay to the Recipient as Liquidated Damages a sum equal to 25 per cent of the Hammer Price.
(c) 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 the Sale.
 

4 SALE BY WEIGHT

Animals offered for sale by weight are sold and must be paid for in accordance with the weights declared by the Company at the time of the Sale. Any dispute regarding the weight of any animal shall be determined by the Company which may, in its sole discretion, reweigh any animal.

 

PART 3 – STORE CATTLE

1 HEIFERS PROVING IN CALF

1.1 The Warrantor 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 the Sale. This warranty is a 6 Month+5 Day Warranty.

1.2 If the Recipient proves a breach of warranty then the Warrantor shall pay to the Recipient a sum not exceeding any monetary loss, if any, actually sustained by the Purchaser and assessed as fair and reasonable in the circumstances.
 

2 BUNCH OF ANIMALS SOLD AS HEIFERS: INCLUSION OF ANIMAL WHICH HAS HAD A CALF

The Warrantor 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.
 

3 BUNCH OF ANIMALS SOLD AS STEERS; INCLUSION OF ANIMAL WHICH IS NOT A STEER

3.1 The Warrantor 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.

3.2 If the Recipient proves a breach of warranty he may exercise its rights under Part 9 or Part 10 of this Schedule (as applicable) either in respect of the individual animal which is not a steer, or in respect of the whole bunch of animals in the Lot.
 

4 CASTRATED CATTLE

4.1 The Warrantor warrants that, unless stated to the contrary at the time of Sale, any male cattle not expressly sold as bulls: 4.1.1 have been castrated; and 4.1.2 have not been imperfectly castrated.

4.2 The warranty in Paragraph 4.1.1 above is an After-Sale Warranty and the warranty in Paragraph 4.1.2 above is a 14+5 Day Warranty.

 

 

PART 4 – CALVES (OTHER THAN THOSE SOLD IN A DECLARED BREEDING SALE)

1 CALVES

The Warrantor warrants that any Calf sold for the amount in Paragraph 1.4 of the Appendix or more is free from any Unsoundness which can be detected by external examination. This warranty is an After-Sale Warranty.

 

 

PART 5 – DAIRY AND BEEF BREEDING CATTLE

1 MAIDEN HEIFERS STATED TO BE SOLD FOR BREEDING PURPOSES AND DAIRY HEIFERS SOLD AS CARRYING THEIR FIRST CALVES

1.1 The Warrantor warrants a maiden Heifer stated 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.

1.2 If the Recipient proves a breach of warranty the Recipient may return the animal to the Warrantor. Notice of a claim must be supported by a Veterinary Surgeon's Certificate.

1.3 The Warrantor warrants a dairy Heifer stated at the time of sale as carrying her first Calf to have four correct teats. This warranty is an After-Sale Warranty.
 

2 DAIRY COWS SOLD AS BEING IN CALF AND DAIRY HEIFERS SOLD AS CARRYING THEIR SECOND CALVES

2.1 The Warrantor warrants a dairy cow sold as being In Calf or a dairy Heifer sold as carrying her second Calf:  
2.1.1 to be correct in the udder and teats; 
2.1.2 not to be infected with clinical mastitis; and 
2.1.3 not to suck an other animal..

2.2 Each of the warranties in Paragraphs 2.1.1 and 2.1.2 above are an After-Sale Warranty and the warranty in Paragraph 2.1.3 above is a 5+5 Day Warranty.
 

3 DAIRY COWS SOLD AS BEING WARRANTED AS IN CALF .

3.1 The Warrantor warrants a dairy cow sold as being Due to Calve: 
3.1.1 to be correct in the udder and teats; 
3.1.2 not be infected with clinical mastitis; 
3.1.3 not to suck any other animal; 
3.1.4 not to suck herself; and 
3.1.5 to be quiet to milk.

3.2 The warranties in Paragraphs 3.1.1 and 3.1.2 above are After-Sale Warranties and each of the warranties in Paragraphs 3.1.3 to 3.1.5 are 5 Day Warranties.
 

4 DAIRY COWS AND DAIRY HEIFERS SOLD AS BEING IN MILK

4.1 The Warrantor warrants a dairy cow or dairy Heifer sold as being in milk:

4.1.1 to be correct in the udder and teats; 
4.1.2 not to be infected with clinical mastitis; 
4.1.3 not to suck any other animal; 
4.1.4 not to suck herself; and 
4.1.5 to be quiet to milk.

4.2 Each of the warranties in Paragraphs 4.1.1 and 4.1.2 above are After-Sale Warranties and each of the warranties in Paragraphs 4.1.3 to 4.1.5 are 5+5 Day Warranties.
 

5 COWS SOLD AS NEW-MILCHED OR NEWLY-CALVED

The Warrantor warrants that all calved cows or Heifers sold as new-milched or newly-calved have calved within 14 days before the day of the Sale and to their correct time. This warranty is a 5 Day Warranty.
 

6 CLEANSING

The Warrantor warrants that all newly calved cows and Heifers have cleansed satisfactorily before the Sale. This warranty is a 5 Day Warranty.
 

7 SYMPTOMS OF ABORTION 

If any cow or Heifer shows symptoms of aborting before the animal is removed from the Sale Premises, the Recipient may refuse to take delivery of the animal or, if it has already taken delivery, may return the animal to the Warrantor.
 

8 CALVING DATES 

8.1 The Warrantor warrants that any cow or Heifer described 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.

8.2 This warranty will be breached:
8.2.1 if the animal aborts on or about the Due Date and within 5 days of the date when it aborts the Recipient gives written notice to the Warrantor supported by a Veterinary Surgeon's Certificate and, at the option of the Recipient, either the Recipient may return the animal to the Warrantor, or the Warrantor shall pay to the Recipient as Liquidated Damages a sum equal to 25 per cent of the Hammer Price; or 
8.2.2 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 1 May and 30 September then the Recipient shall not be entitled to return the animal to the Warrantor but if within 5 days after the calving the Recipient gives written notice to the Warrantor 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 Warrantor shall pay to the Recipient as Liquidated Damages the amount in Paragraph 1.5 of the Appendix per day for the period between the fourteenth day before the Due Date and the actual day of calving; or
8.2.3 if the animal does not calve until more than 21 days after the Due Date then the Recipient shall not be entitled to return the animal to the Warrantor but if within 24 days after the Due Date the Recipient gives written notice to the Warrantor 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 Warrantor shall pay to the Recipient as Liquidated Damages the amount in Paragraph 1.6 of the Appendix per day for the period between the fourteenth day after the Due Date and the actual day of calving; or
8.2.4 if the animal has not calved within 42 days after the Due Date then the Recipient shall not be entitled to return the animal to the Warrantor but if within 47 days after the Due Date the Recipient gives written notice to the Warrantor supported by a Veterinary Surgeon’s Certificate confirming that the animal is carrying a mummified Calf, then the Warrantor shall pay to the Recipient as Liquidated Damages the amount in Paragraph 1.7 of the Appendix.
 

9 COWS AND HEIFERS SOLD AS SPRINGERS

9.1 The Warrantor warrants that a cow or Heifer described 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 the Sale.

9.2 This warranty will be breached:
9.2.1 if the animal calves a prematurely born Calf within 21 days of the day of the Sale and within 5 days after the date of such premature calving the Recipient gives written notice to the Warrantor, supported by a Veterinary Surgeon’s Certificate confirming the premature calving and its date then, at the option of the Recipient, either the Recipient may return the animal to the Warrantor, or the Warrantor shall pay to the Recipient as Liquidated Damages a sum equal to 25 per cent of the Hammer Price; or 
9.2.2 if the animal does not calve until more than 21 days after the day of the Sale, whether the Calf shall be prematurely born or not, then the Recipient shall not be entitled to return the animal to the Warrantor but if within 5 days after the date of calving the Recipient gives written notice to the Warrantor 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 Warrantor shall pay to the Recipient as Liquidated Damages the amount in Paragraph 1.6 of the Appendix per day for the period between the twenty-first day after the day of the Sale and the actual day of calving; or 
9.2.3 if the animal has not calved within 42 days after the day of the Sale then the Recipient shall not be entitled to return the animal to the Warrantor but if within 47 days after the Day of the Sale the Recipient gives written notice to the Warrantor supported by a Veterinary Surgeon’s Certificate confirming that the animal is carrying a mummified Calf, then the Warrantor shall pay to the Recipient as Liquidated Damages the amount in Paragraph 1.8 of the Appendix.
 

10 ANIMALS SOLD AS IN CALF BUT PROVING BARREN

10.1 The Warrantor 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.

10.2 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.
 

11 SUCKLER COWS

11.1 The Warrantor warrants that any cow or Heifer described at the time of sale as suckling a Calf: 
11.1.1 suckles that Calf in a natural manner; and 11.1.2 unless stated to the contrary at the time of sale:
(a) is not infected with clinical mastitis;
(b) does not suck any other animal; and
(c) does not suck herself.

11.2 The warranty in Condition 11.1.1 above is a 5 Day Warranty, the warranty in Paragraph 11.1.2 (a) above is an After-Sale Warranty, and each of the warranties in Paragraph 11.1.2 (b) and (c) above is a 5+5 Day Warranty.
 

12 MILKING-OUT OF COWS BEFORE AND AFTER SALE

12.1 All cows in milk shall be milked out not earlier than the evening before the day of the Sale and no cow shall be offered for sale by the Warrantor in an over-stocked condition.

12.2 No cow in milk shall be removed from the Sale Premises until her udder has been sufficiently eased to avoid over-stocking.

12.3 Unless the owner wishes to milk a cow himself or by its agent any cow on the Sale Premises shall be milked only by a competent person approved by the Company in which case the milk shall belong to the Company.
 

13 EMBRYO TRANSFER AND CAESAREAN OPERATION

The Warrantor warrants that, unless otherwise stated 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.

 

 

PART 6 – STOCK BULLS

1 STOCK BULLS 

1.1 The Warrantor 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.

1.2 If the Recipient proves a breach of warranty then the Recipient may return the bull to the Warrantor who shall, at the Recipient's option, either replace the bull with another bull of equal value which is capable of and effective at natural service, or refund the Hammer Price together with such other costs and charges as the Recipient may be entitled to under these Conditions. Notice of a claim must be supported by a Veterinary Surgeon’s Certificate confirming that: 
1.2.1 the bull's incapacity or ineffectiveness is not the result of injury, accident or illness happening after the time of the Sale; and 
1.2.2 the Purchaser’s breeding stock are not responsible for the bull's incapacity or ineffectiveness. 

 

PART 7 – SHEEP

1 FEMALE SHEEP NOT DESCRIBED AS IN LAMB

1.1 The Warrantor warrants that a female sheep not described 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.

1.2 If the Recipient proves a breach of warranty then, at the Recipient’s option, either the Recipient may exercise its rights under Part 9 or Part 10 of this Schedule (as applicable), or the Warrantor shall pay to the Recipient as Liquidated Damages a sum equal to the amount in Paragraph 1.1 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.
 

2 FEMALE SHEEP DESCRIBED AS CORRECT

2.1 The Warrantor warrants that all female sheep described 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.

2.2 If the Recipient proves a breach of this warranty then the Recipient may exercise their rights under Part 9 or Part 10 of this Schedule (as applicable), or the Warrantor shall pay to the Recipient as Liquidated Damages a sum equal to the amount in Paragraph 1.1 of the Appendix. Notice of a claim must be supported by a Veterinary Surgeon’s Certificate.
 

3 FEMALE SHEEP PROVING BARREN

The Warrantor 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.
 

4 EWES WITH LAMBS AT FOOT

The Warrantor warrants that, unless stated to the contrary 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.
 

5 MIXING OF EWE AND CASTRATED MALE LAMBS

The Warrantor warrants that if the proportion of ewe lambs and castrated male lambs in a Lot at the time of Sale the proportions in the Lot are as stated. This is a 5 Day Warranty.
 

6 CASTRATED SHEEP

6.1 The Warrantor warrants that, unless stated to the contrary at the time of Sale, any male sheep not expressly sold as rams: 6.1.1 have been castrated; and 6.1.2 have not been imperfectly castrated.

6.2 The warranty in Paragraph 6.1.1 above is an After-Sale Warranty and the warranty in Paragraph 6.1.2 above is a 14+5 Day Warranty.

6.3 If the Recipient proves a breach of warranty then, at the Recipient's option, either he may exercise its rights under Part 9 or Part 10 of this Schedule (as applicable), or the Warrantor shall pay to the Recipient as Liquidated Damages a sum equal to 25 per cent of the Hammer 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.
 

7 STOCK RAMS

7.1 The Warrantor warrants that any ram sold as a stock ram for the amount in Paragraph 1.10 of the Appendix or more is capable of and effective at natural service. This warranty is a 10 week warranty.

7.2 If the Recipient proves a breach of warranty then the Recipient may return the ram to the Warrantor who shall, at the Recipient's option, either replace the ram with another ram of equal value which is capable of and effective at natural service, or refund the price paid together with such other costs and charges as the Recipient may be entitled to under these Conditions. Notice of a claim must be supported by a Veterinary Surgeon’s Certificate confirming that: 
7.2.1 the ram's incapacity or ineffectiveness is not the result of injury, accident or illness happening after the time of the sale; and 
7.2.2 the Purchaser’s breeding stock are not responsible for the ram's incapacity or ineffectiveness.

 
 

PART 8 – STORE PIGS AND BREEDING PIGS

1 BARREN SOWS AND GILTS

1.1 The Warrantor warrants that any sow or gilt described 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 war-ranty.

1.2 If the Recipient proves a breach of warranty the Warrantor shall pay to the Recipient as Liquidated Damages a sum equal to 10 per cent of the Hammer Price. Notice of a claim must be supported by a Veterinary Surgeon’s Certificate.
 

2 SOWS OR GILTS SOLD IN PIG

2.1 The Warrantor warrants that any sow or gilt 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.

2.2 No warranty is given where a sow or gilt is described only as having been served or as having been running with a boar.

2.3 If the Recipient proves a breach of warranty then the Warrantor shall pay to the Recipient as Liquidated Damages a sum equal to 33 per cent of the Hammer Price. Notice of a claim must be supported by a Veterinary Surgeon’s Certificate.
 

3 SOWS OR GILTS WITH A FARROWING OR SERVICE DATE

3.1 The Warrantor warrants that any sow or gilt described 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 Recipient 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.

3.2 No warranty is given where a sow or gilt is described only as having been served or as having been running with a boar.

3.3 If the Recipient proves a breach of warranty then the Warrantor shall pay to the Recipient as Liquidated Damages the amount in Paragraph 1.11 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.
 

4 STOCK BOARS

4.1 The Warrantor warrants that any boar sold as a stock boar for the amount in Paragraph 1.1 of the Appendix or more is capable of and effective at natural service. This warranty is a 10 Week Warranty.

4.2 If the Recipient proves a breach of warranty then the Recipient may return the boar to the Warrantor who shall, at the Recipient's option, replace the boar with another boar of equal value which is capable of and effective at natural service, or refund the Hammer Price of the animal together with such other costs and charges as the Recipient may be entitled to under these Conditions. Notice of a claim must be supported by a Veterinary Surgeon’s Certificate confirming that: 
4.2.1 the boar's incapacity or ineffectiveness is not the result of injury, accident or illness happening after the time of the Sale; and 
4.2.2 the Purchaser’s breeding stock are not responsible for the boar's incapacity or ineffectiveness.

 

PART 9 – CONSIGNOR RESALE CONTRACT – WARRANTY RIGHTS AND RETURN OF STOCK

1 REMEDY FOR BREACH OF WARRANTY, OTHER THAN THE WARRANTY OF TITLE

1.1 Except where otherwise expressly provided and without prejudice to any other right or remedy which the Company may have, if the Consignor fails to comply with any of the terms of the Consignor Contract, the Company shall be entitled to avail itself of any one or more of the following remedies at its discretion, whether or not any part of the Lots have been accepted by the Company: 
1.1.1 to rescind the Consignor Contract; 
1.1.2 to reject the Lots (in whole or in part) and return them to the Consignor at the risk and cost of the Consignor and to recover such reasonable costs and charges as he may be entitled to under these Conditions; 
1.1.3 to refuse to accept any further deliveries of the Lots but without any liability to the Company; or 
1.1.4 to claim such damages as may have been sustained in consequence of the Consignor’s breach or breaches of the Consignor Contract.

1.2 Where under these Conditions the Company has the option of returning an animal or claiming damages then, unless within 3 days after first notifying the Consignor of its claim it either returns the animal to the Consignor or gives notice in writing to the Consignor of its intention to return the animal and of its willingness to comply with any directions which may be given to him regarding the return of the animal, the Company shall be taken to have elected to claim damages and to have waived any right to return the animal.
 

2 PROCEDURE IN THE CASES OF CONTESTED CLAIMS FOR BREACH OF WARRANTY

2.1 No claim by the Company that an animal does not comply with any warranty, other than any warranty of title, shall be valid unless: 
2.1.1 the Company notifies the Consignor in the manner and within the time pre-scribed and provides any Veterinary Surgeon’s Certificate or other person's certificate or opinion required by these Conditions; and 
2.1.2 in a case where the Company claims the right to reject an animal on the ground that its physical condition constitutes a breach of warranty and the Consignor calls for a Veterinary Surgeon’s Certificate the Company provides that certificate within such reasonable period as the Company may specify.

2.2   If the Consignor disputes the Company's claim for breach of warranty, the claim shall be referred to such other person as the Company may appoint for the purpose (“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 its sole discretion he considers necessary or desirable for determining the dispute.

2.3 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 Consignor, shall be final and binding upon both Consignor and Company provided that if either the Consignor or the Company so requests in writing within 14 days after the decision the referee shall within 21 days after receiving such a request put its decision into writing and send a copy to each of the Consignor and the Company.
 

3 RETURN OF STOCK

3.1 Where the Company exercises its right under these Conditions to refuse to take delivery of any animal or to return it to the Consignor it shall be entitled to the return of such part of the Hammer Price, where applicable (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 the Company in obtaining any Veterinary Surgeon’s Certificate or other person's certificate or opinion which it is required to furnish under these Conditions in order to exercise its right.

3.2 Where the Company exercises its right to return an animal it shall do so at its own expense but the Consignor shall pay to the Company the reasonable costs and charges of the transit of such animal to and from the Company's premises and, in the case of an animal which has been on the Company's premises for not less than a week, the reasonable cost of its keep.

 

PART 10 – PURCHASER SALE CONTRACT – WARRANTY RIGHTS AND RETURN OF STOCK

1 FAILURE OF PURCHASER TO COMPLY WITH CONDITIONS 

1.1 If the Purchaser does not comply in every particular with the Conditions in this Part he shall be bound to keep the Lot with all faults and shall have no claim for damages or otherwise against any person in respect of the sale.

1.2 The Purchaser may not sustain any claim under these Conditions unless he has paid the purchase money in full before the claim is made.
 

2 FAULTS AND ERRORS OF DESCRIPTION

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.
 

3 REMEDY FOR BREACH OF WARRANTY, OTHER THAN THE WARRANTY OF TITLE

3.1 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 not exclude him from claiming damages from the Company in lieu of exercising such right of refusal or return. 

3.2 No claim by a Purchaser under these Conditions shall be valid unless the Purchaser notifies the Company in the manner and within the time prescribed. 

3.3 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 Company of its claim it either returns the animal to the Company or gives notice in writing to the Company of its intention to return the animal and of its 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.

3.4 Where under these Conditions the Purchaser's sole remedy is to return the animal it shall be returned within 3 days of a request by the Company.
 

4 PROCEDURE IN THE CASES OF CONTESTED CLAIMS FOR BREACH OF WARRANTY

4.1 No claim by the Purchaser that an animal does not comply with any warranty, other than any warranty of title, shall be valid unless:
4.1.1 the Purchaser notifies the Company 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
4.1.2 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 Company calls for a Veterinary Surgeon’s Certificate the Purchaser provides that certificate within such reasonable period as the Company may specify.

4.2 If the Company disputes the Purchaser’s claim for breach of warranty, the claim shall be referred to such other person as the Company may appoint for the purpose, (“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 its sole discretion he considers necessary or desirable for determining the dispute.

4.3 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 Sale Premises, shall be final and binding upon the Purchaser and the Company provided that if either the Purchaser or the Company so requests in writing within 14 days after the decision the referee shall within 21 days after receiving such a request put its decision into writing and send a copy to each of the Purchaser and the Company.
 

5 RETURN OF STOCK

5.1 Where the Purchaser exercises its right under these Conditions to refuse to collect any animal or to return it to the Company he shall be entitled to the return of such part of the Hammer Price, where applicable (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 the Purchaser 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 its right.

5.2 Where the Purchaser exercises its right to return an animal to the Sales Premises its shall do so at its own expense, in the case of an animal which has been on the Company's premises for not less than a week, the reasonable cost of its keep.

5.3 If any animal is returned by the Purchaser to the Company' premises and neither the Purchaser nor the Company removes the animal within 3 days after written notice from the Company to do so, the Company may cause the animal to be re-sold by public or private sale without warranty or reserve and without further notice to the Purchaser. 

5.4 If a Veterinary Surgeon certifies that any animal returned to the Company' premises is suffering from disease or any other defect and in consequence ought to be slaughtered, the Company may, after taking all reasonable steps to notify the Purchaser, 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

1 The following figures and amounts apply for the purposes of the Paragraphs stated as if set out in the Paragraphs to which they relate:

1.1 Paragraph 3.1.1 of Part 1 of the Schedule - £200

1.2 Paragraph 3.1.2 of Part 1 of the Schedule - £30

1.3 Paragraph 3.1.4 of Part 1 of the Schedule - hill breed of sheep - £15; sheep other than hill breeds - £20

1.4 Paragraph 1, of Part 4 of the Schedule - £30

1.5 Paragraph 8 of Part 5 of the Schedule - £1 per day

1.6 Paragraphs 8 and 9 of Part 5 of the Schedule, £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.

1.7 Paragraph 8 of Part 5 of the Schedule 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 Hammer 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 Hammer Price.

1.8 Paragraph 9 of Part 5 of the Schedule for an animal warranted to calve in the period between and including 1st April and 30th September, a sum equal to 10% of the Hammer 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 Hammer Price.

1.9 Paragraph 2 of Part 7 of the Schedule 40% of the Hammer Price up to and including a Hammer Price of £25 per head; 50% of the Hammer Price for a Hammer Price over £25 per head up to and including a Hammer Price of £50 per head; and 66% of the Hammer Price for a Hammer Price over £50 per head, in each case calculated on the average Hammer Price per head of the pen.

1.10 Paragraphs 7 of Part 7 of the Schedule - £50

1.11 Paragraph 3 of Part 8 of the Schedule £3 / each complete week up to a maximum of £30.

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