All horses and ponies in this sale, are subject to the following conditions of sale, and sold under Brightwells General Conditions of Sale which are also detailed below. Those lots which are sold for £500 or less are sold as they stand; all other questions of description and condition being entirely at the risk of the buyer.
(1) A horse shall be entered for a sale on completion of an entry form by or on behalf of the Seller and upon payment to the Auctioneer of the prescribed entry fee.
(2) On completion of the entry form, which the Seller warrants is complete and correct; they undertake to bring forward the entry for sale. They are warned that the Auctioneers at Official Society Sales reserve the right to refuse future entries from Sellers who without good reason have failed to fulfil their obligation to present all Lots for Sale.
(3) In the event that the Seller wishes to place a reserve on a lot, the amount of the reserve must be specified in Pounds Sterling on the entry form or the Reserve and Additional Information Sheet. Unless written instructions are lodged with the Auctioneers either on the entry form or the Reserve and Additional Information Sheet provided by the Auctioneers,
lots will be sold without reserve.
(4) The Seller warrants to the Auctioneer and to the Buyer that on the day of the Sale, the horse will have no contagious diseases, and produce a DEFRA approved passport.
2. Commission, Buyers Premium & Selling Fees
(1) The Seller will pay to the Auctioneer a commission of 6% of the hammer price of each Lot plus VAT with a minimum commission of £10 plus VAT per lot.
(2) Where a horse is “Bought In” the Seller will pay a minimum commission fee of £100 plus VAT or 6% of the hammer price, (whichever is the greater).
(3) Commission is payable in full by the Seller to the Auctioneers even if a horse is subsequently returned by the Buyer to the Seller in accordance with the complaints procedure hereunder or for any other reason.
(4) In the event that a horse is sold subject to veterinary examination and in the event that a horse is returned by the Buyer in accordance with a veterinary certificate obtained on the day of the Sale, then the Seller shall pay to the Auctioneer a commission of 3% of the gross sale price plus VAT.
(5) A horse, having been entered for a Sale may be withdrawn prior to the Sale upon a payment of a withdrawal fee of £100 plus VAT in addition to the entry fee.
(6) The Auctioneers reserve the right to charge a penalty fee of £100 plus VAT on all lots entered in the Sale and not brought forward for Sale. This fee may be waived if the withdrawal is on veterinary grounds and suitable veterinary evidence is provided, or if the Auctioneer is satisfied the reason for the withdrawal was acceptable. All withdrawals must be confirmed by written confirmation of the withdrawal, and this confirmation must be with the Auctioneer 7
days prior to the Sale. Any withdrawal after this time for whatever reason will be charged a £100 plus VAT penalty.
(7) The Buyer will pay 10% including VAT buyer’s premium on the hammer price, in addition they will be charged on behalf of the Welsh Pony & Cob Society their current Society transfer fee.
(8) Any private sale made on the day of sale must be booked through the Auctioneers.
3. Catalogue Description
(1) The Auctioneer accepts no responsibility for the accuracy of any particulars of a lot given in the catalogue. The Seller is solely responsible for any catalogue description of a Lot.
(2) Upon receipt of a catalogue, the Seller undertakes immediately to check the accuracy of the relevant catalogue description of the lot and to notify the Auctioneer immediately in writing of any correction, amendment or addition that needs to be made to the catalogue description.
(3) The following words have the following meanings when used in a catalogue description:
(i) Unbroken – must be quiet to lead and to halter.
(ii) Partly Broken – must be capable of being ridden by a competent rider in an enclosed school.
(iii) Green – must be capable of being ridden by a competent rider at slow paces in open country.
(iv) Quiet to Ride – must be quiet and easy to manage and ride away, quiet and easily managed at all paces on grass, quiet and mannerly with all traffic on the road.
(v) Hunter – must be quiet to ride and quiet with hounds – capable of jumping a Novice Country.
(vi) Jumper – must be able to jump a course commensurate with described capability when ridden by competent rider.
(vii) Potential - where described as “having potential” for a specific purpose the horse must have the physical capabilities to undertake this purpose or purposes and must be examined as such by the Veterinary Surgeon.
(viii) Driving Horses- the same guarantees as apply to riding horses in respect of (ii), (iii) and (iv) above.
(ix) Pony under 15 hands – must be easily manageable by a child of average competence and age appropriate to the size of the pony.
(4) The authenticity and accuracy of each entry’s passport is the sole responsibility of the Seller. Any inaccuracies that may occur should be dealt with between the Seller and Buyer.
(5) The Auctioneer may amend or add to any catalogue description during the course of a Sale and may declare a Sale to be subject to veterinary examination or not during the course of a Sale, in which event any announcement by the Auctioneer takes precedence over any entry in the catalogue.
4. Conduct of the Sale
(1) The Auctioneers may at their absolute discretion:-
(a) Refuse to accept any bid or bidder.
(b) Regulate the bidding as the Auctioneer sees fit.
(c) Arrange, consolidate or withdraw any Lot.
(d) Cancel or postpone a Sale on account of bad weather or other supervening causes. In the event that a Sale is cancelled, moved or rearranged the Auctioneer shall not be liable to pay compensation to any Seller, Bidder or any other party.
(2) The Seller reserves the right to bid through the Auctioneer acting as the Seller’s agent.
(3) The Buyer shall be the highest bidder. In the event of a dispute between two or more bidders as to which is the Buyer, the Auctioneer shall have the right to declare the Buyer or at the Auctioneers discretion to immediately re-offer the disputed Lot for sale.
(4) The Buyer shall immediately on the fall of the hammer inform the Auctioneer of the Buyers name and address and provide any proof of identity that the Auctioneer may require. Failure in this respect entitles the Auctioneer immediately to offer the Lot for re-sale and the original Buyer shall be liable to make good any difference in price to the Seller.
(5) Any Buyer bidding as agent for the Principal shall be deemed to have bid on his own behalf as well as on behalf of his Principal and the highest bidder shall be personally liable along with the Principal to the Seller.
(6) To gain entry on the Sale Premises all lots must travel with their Passport.
(7) All lots will be checked in through the gates and no lot will be able to leave the Sale Premises until a pass has been obtained from the Auctioneer’s Office.
(8) The Auctioneers reserve the right to random and/or at the request of Buyers, blood test any entry for substances that have not been declared to the Auctioneers pre-sale.
(9) The Auctioneers, under the veterinary surgeon’s guidance, reserve the right to refuse entry to any lot showing symptoms of coughing or any other contagious disease.
(10) All Sellers and Buyers must follow the health and safety procedures and guidelines as laid out in the Sales Catalogue and by representatives of the Auctioneers on the day of sale.
(1) The Auctioneer, at the Auctioneer’s discretion, may require the Buyer to pay a deposit of 20% of the price of the horse immediately following the sale.
(2) Full payment for all Lots must be made to Brightwells within 1 hour of the completion of the sale, in pounds sterling by means of cash, debit card or cheque. Cash payments are subject to a limit of £5,000 for all purchases made in this auction. Total cash payments to Brightwells Limited from any customer cannot exceed a Sterling equivalent of EUR 9,999 in any single or series of related or linked transactions within a 90 day rolling period. Where the Buyer wishes to pay by cash or card a fee shall be payable as detailed in the General Information. Payment in this context may include the tender of a cheque in the full amount although the Auctioneer in the Auctioneer’s discretion may refuse a cheque, in which event the Buyer must tender payment in some other manner.
(3) The Auctioneer shall pay the seller the price of the Lot less Auctioneer’s commission and any other outstanding charges and expenses due from the Seller to the Auctioneer within 21 days of the date of the Sale, provided that:
(i) In the Auctioneer’s opinion the Buyer is a bona fide purchaser and was capable of making a contract i.e.
being sound of mind, not in collusion with the Seller and not under the influence of drugs or drink etc.
(ii) the Auctioneer has been paid in full for the price of the horse by the Buyer, any cheque tendered by or on behalf of the Buyer having cleared; and
(iii) the Buyer has not initiated the Complaints Procedure set out below. In the event that the Buyer has initiated the Complaints Procedure, the Auctioneer shall retain the price of the Lot pending the outcome of the Complaints Procedure.
(5) If the Buyer fails to make a payment in full for the Lot, and in the Auctioneers opinion the Buyer is a bona fide person (3. i) and fails to make payment in full for the Lot or Lots the Auctioneer may, at his absolute discretion, resell the Lot and the Buyer shall be liable for any shortfall in price, and any associated expenses connected with such resale.
(6) The Auctioneers reserve the right to withhold any monies due to the Seller and to rescind the contract for sale if, in our opinion, the Buyer is not a bona fide Buyer and/or incapable of making a contract; i.e. not being sound of mind, being in collusion with the Seller or being under the influence of drink or drugs
6. Delivery and Risk
(1) Horses sold as they stand or without Veterinary Examination instruction from the Buyer, shall be at the risk of the Buyer from the fall of the hammer.
(2) All other horses shall remain at the risk of the Seller until the issue of an acceptable Veterinary Certificate whereupon risk shall pass to the Buyer.
(3) The Seller shall deliver the horse to the place of the Sale and shall provide the horse with adequate fodder and water for one night and shall provide the horse with a serviceable halter. In the event that the Seller fails to provide the horse with a serviceable halter, the Auctioneer may provide the horse with a halter and charge the Seller for the same.
(4) Title in the horse shall not pass to the Buyer until the Buyer has made payment in full for the horse by means of cleared funds. Until payment in full by means of cleared funds is made, title shall remain with the Seller.
(5) The Buyer shall not be entitled to take delivery of the horse until payment in full for the horse has been made. The Auctioneer may at the Auctioneer’s sole discretion allow the Buyer to take delivery of the horse upon the tender by the Buyer or on his behalf of a cheque in the full amount of the price.
(6) The Buyer, subject to payment in full, must take possession of the horse within 1 hour of the completion of the Sale.
(7) In the event that a horse is not sold, the Seller shall take back the horse from the Sale premises within 1 hour of the completion of the Sale.
(8) The Buyer authorises the Seller and the Auctioneer as agent for the Seller to enter upon the Buyer’s land to take collection of any horse in respect of which the Buyer has taken delivery but for which the Buyer has not paid in full.
7. Returned Horses
(1) Lots may be returned by the Buyer to the Seller if the Buyer of any Lot sold with a Pedigree establishes that the pedigree is inaccurate.
(2) Lots may be returned by the Buyer to the Seller in accordance with the Complaints Procedure if the Buyer establishes that the description given in the catalogue in respect of a horse is inaccurate.
(3) Lots may be returned by the Buyer to the Seller subject to the Complaints Procedure set out below if the horse:
(i) is a wind-sucker (i.e. swallows air whether in association with grasping fixed objects with incisor teeth or not); a crib-biter is not returnable unless the crib biting is associated with wind sucking, in which case the Lot is returnable as a wind-sucker;
(ii) is a weaver;
(iii) exhibits box walking;
(iv) has been tubed, fired, unnerved or operated upon for unsoundness of any other kind;
(v) a male horse (other than a foal, a yearling before the 31st December of its yearling year) which does not have two testes fully descended to and fully palpable within the scrotum at the time of the Sale is or shall be deemed to be a rig or cryptorchid;
(vi) fails to load on the Sale day in a reasonable and acceptable way in a purpose constructed lorry or trailer;
(vii) has suffered from Sweet Itch;
(viii) is a breeding mare that requires surgical intervention such as stitching, caslicks etc;
and if the horse has not been described as such in the catalogue or verbally by the Auctioneer at the time of Sale.
8. Veterinary Procedure
All lots are sold subject to veterinary examination unless sold for £500 or less, or otherwise stated. Veterinary surgeons are available to examine lots as to whether they are correct under the Conditions of Sale. The veterinary surgeon’s decision that a lot be returnable is binding on both parties. All lots should be vetted for eyes, heart, action, age and ascertainment of catalogue descriptions for a fee of £65.00.
Buyers must notify the office that they require examination within 1 hour of the time of purchase and receive a vetting slip to enable examination to take place.
Sellers must check the veterinary board displayed in the Sales Office to see if their lot must be presented for veterinary examination. Sellers should not leave the Sale Site without first checking the vetting board.
ALL LOTS NOT EXAMINED BY THE VETERINARY SURGEON ON THE SALE DAY WILL NOT BE COVERED BY A VETERINARY WARRANTY.
It is emphasised that the facilities are not available to undertake a full veterinary examination on the day of the Sale, but part veterinary examination should take place. This part examination should include examination for warts, sarcoids or sarcoid-like lesions, which can only be complained about on the day of sale. Only lots that are examined by the panel of
Veterinary Surgeons appointed by the Auctioneers on the day of the Sale have an extended two working days (including Saturdays) to enable complete veterinary examination. For the full veterinary procedure please see the sales catalogue.
(1) The Seller agrees that a horse shall be sold subject to veterinary examination.
(2) If a horse is sold subject to veterinary examination, the Buyer should submit the horse for part veterinary examination on the day of the Sale within one hour of the fall of hammer.
(3) The sale catalogue shall set out the procedure to be followed by the Buyer on submitting the horse for part veterinary examination on the day of the Sale.
(4) The purpose of the veterinary examination is to check the accuracy of the physical description of the horse given in the catalogue. The examination will not cover the matters referred to in condition 7(3) above save that the veterinary examination will be conclusive in relation to the “potential” of the horse.
(5) At the end of the veterinary examination, the Veterinary Surgeon will provide the Buyer with a certificate stating that the horse does or does not comply with the physical description of the horse given in the catalogue.
(6) In the event that the Sale day or post Sale Veterinary Certificate states that the horse does not comply with the physical description given in the catalogue, the Buyer shall not be liable to pay the price for the horse and is entitled to the return of any deposit that may have been paid by the Buyer.
(7) In the event that a Buyer fails to avail himself of a veterinary examination on the day of a Sale, the Buyer cannot thereafter make complaint of matters, which would have been covered by a veterinary examination.
9. Liability of the Auctioneer
(1) The Auctioneer acts as agent of the Seller and the Auctioneer gives no warranties of any kind to the Buyer.
(2) The Auctioneer does not accept liability for:
(i) The description or pedigree of the horse given in the catalogue
(ii) The physical condition or performance of the horse sold
(iii) The payment of the price by the Buyer
(iv) The return of any horse by the Buyer to the Seller
(v) The administration of the Complaints Procedure beyond the appointment of an arbitrator in accordance therewith.
10. Complaints Procedure
(1) The Buyer shall notify the Auctioneer if the Buyer claims to be entitled to return a horse to the Seller in accordance with condition 7 or for any other reason orally by 5:00 pm on the second day following the Sale.
(2) The Buyer shall follow up this oral notification to the Auctioneer with written notification to the Auctioneer to be received by the Auctioneer within seven days from the date of the Sale. The written notification by the Buyer to the Auctioneer shall set out the grounds upon which the Buyer claims to be entitled to return the horse to the Seller.
(3) Where appropriate, the Buyer shall submit, along with his written notification, a veterinary certificate confirming any matters in respect of which complaint is made. The failure to submit a veterinary certificate in circumstances where such a certificate is appropriate will mean that the Buyer’s complaint will not be further entertained and the Buyer shall pay the
price for the horse in full.
(4) In the event that the Buyer fails to make oral or written notification of his complaint within the above timescales, the Buyer shall not be allowed to return the horse to the Seller but must make payment for the horse in full unless the Buyer can demonstrate to the satisfaction of the Auctioneer that it was not reasonably practicable for the Buyer to discover the complaint, and to notify the Auctioneer of the same, within the above timescales. However, in no circumstances whatsoever, may the above time limits be extended beyond a period of 14 days after the Sale.
(5) On receipt of a written complaint together, where appropriate, with a veterinary certificate, the Auctioneer shall send a copy of the complaint and the veterinary certificate to the Seller and the Auctioneer shall appoint a suitable person to act as Arbitrator. The task of the Arbitrator will be to examine and determine the complaint. The name of the person
appointed by the Auctioneer to act as Arbitrator shall be notified by the Auctioneer to the Seller and to the Buyer. The Auctioneer shall thereafter have no further responsibility in respect of the Complaint Procedure.
(6) The examination and resolution of the complaint shall be under the control of the Arbitrator and the Seller and Buyer shall comply with all directions that may be given by the Auctioneer in respect of the complaint.
(7)The Arbitrator may require, before proceeding to examine and determine the complaint that the Arbitrator’s fees and expenses shall be paid in advance. The Seller and the Buyer shall thereupon each pay one-half of the sum stipulated by the Arbitrator.
(8) The Arbitrator may direct that the horse shall be subject to such trial as he may direct and the Seller and Buyer shall lend their full co-operation to such a trial.
(9) If either the Seller or the Buyer fail to comply with a direction of the Arbitrator or fail to pay any sum ordered to be paid by the Arbitrator, then the Arbitrator may at his own discretion decide not to proceed with the examination and determination of the complaint and may, if the Seller is in default, order that the horse be returned to the Seller or may, if the Buyer is in default, order that the Buyer pay the full price to the Seller.
(10) Upon the determination of the complaint, the Arbitrator may at his discretion order that the unsuccessful party pay to the other all the costs and expenses associated with the Complaints Procedure.
11. Hard Hats
Any person riding an animal on the Sale Premises must wear a hard riding hat of an approved standard.
12. Special Conditions of Sale
The Sale Catalogue may contain additional special conditions of sale which may prevail over the aforementioned. In addition, Brightwells Conditions of Sale supersede any conditions laid down by the Welsh Pony & Cob Society.
13. Data Protection Policy
By completing an entry, the seller consents that their details may be shared with the Welsh Pony & Cob Society. A “Customer” is defined as a person who Brightwells does business with, and their information will be stored in our system in accordance with our data protection policy, which can be viewed on www.brightwells.com
PLEASE ALSO SEE THE ADDITIONAL DETAILED CONDITIONS OF SALE LAID DOWN BY THE WELSH PONY & COB SOCIETY.
Additional Detailed Conditions of Sale Laid Down by the Welsh Pony & Cob Society.
I Entries for Sale will only be accepted from members of the Society.
II Vendors shall be responsible for the correct description of each animal entered for sale and the descriptions of animals in the Catalogue will follow the description given by the Vendor to the Auctioneers; Vendors are solely responsible for such descriptions.
III Vendors must supply the Auctioneers with the correct and full name of the animal to be sold, its registration number, the name and registration number of its sire and dam, and the year of birth.
IV The name and stud name (if applicable) of the Vendor of every animal shall be clearly printed in the Catalogue.
V The Auctioneers shall not accept any entry for the Sale unless there is attached thereto a copy of the animal’s Passport or proof that application for such a Passport has been lodged with the Breed Society. All applications for registration must be submitted to the Society at least 4 weeks prior to the Sale date. The Society reserves the right to refuse applications for registration received after this date. It is a legal requirement for all animals 6 months or over to have a Passport and that all animals registered after July 2009 should have a microchip inserted.
VI All animals must be accompanied to the Sale with their Passport.
VII No animal over the age of 18 years will be allowed to be entered; dispersal sales are age exempt.
VIII Heights – the following rules apply:
Re. Part-breds and Geldings:
a) On youngstock up to and including 2 years of age, height should read “should make….”
b) Lots 3 years of age and older, the height will be included if supported by a height certificate from the Joint Measurement Board. Where heights in this section are not supported by a certificate they will be declared as “approximate”.
Re. Sections A, B, C & D: Heights on these ponies will be taken out of the catalogue unless supported by a height certificate from the Joint Measurement Board.
IX All foals at foot must be at least 3 weeks of age and all weaned foals must be at least 4 months of age at the time of the sale and fully weaned.
X No guarantee is implied or given that any mare is barren or in foal. Any service dates supplied are given in good faith but are not a guarantee of the mare being in foal.
XI No mare or filly shall be described in the catalogue as “covered” by a registered Welsh stallion unless the Auctioneers are in possession of a signed service certificate; such service certificates to only be issued by licenced stallions.
XII Breeding mares or fillies must be either to the knowledge of the Vendor capable of breeding naturally without any surgical intervention, e.g. stitch, caslicks operation etc., or if any such surgical intervention is required, it must be declared by the Vendor and printed in the catalogue.
XIII Animals described as Colts or Stallions that are 4 years old or upwards must hold a licence issued by the Breed Society and this will be handed to the Purchaser. 2 and 3-year-old colts are sold with a guarantee that they are fully descended only. No guarantee is given as to Colt Foals or Yearling Colts.
XIV The use of plastic bags in the Sale Ring in any shape or form is banned.
XV All animals, except for foals, must be lead whilst in the ring.
XVI At any time, only three handlers and the owner (one) will be allowed in the sale ring.
XVII No animal under 3 years of age shall be ridden or driven.
XVIII Any person riding an animal on the Sale Premises must wear a hard riding hat of an approved standard.
XIX Purchasers must make their own arrangement for housing animals purchased until they are exported.
XX The Auctioneers shall deduct the current transfer fee per animal from the purchaser. As soon as it is convenient after the sale, the Auctioneers shall forward to the Secretary of the Welsh Pony and Cob Society a list of the registered Ponies and Cobs sold, to include the purchaser’s full name and address and the applicable transfer fees.
XXI The Official Auctioneers, in conjunction with the Society’s Honorary Veterinary Officer and/or Honorary Welfare Officer (or their representatives), reserve the right to withdraw entry of Lots to the Sale on the day on the advice of the Sale’s Veterinary Surgeon.
XXII The Vendor of any animal coughing at the Sale may be asked by the Auctioneers’ Veterinary Surgeon to remove the Lot immediately.
XXIII Should any member of the Society be aggrieved by an action of the Auctioneers or Society officers, such as refusal of entries, they may refer the matter to the Society, which will then consider such complaints and take such action (if any) that they consider may be necessary.
XXIV Any Vendor who commits or knowingly suffers any breach of these rules or anything which under these rules is deemed to be guilty of conduct derogatory to the character of the Society will render himself or herself liable to expulsion from the Society subject to the procedure as laid down in the Society’s Articles of Association.
XXV The Auctioneers and Society reserve the right to remove from the Sale Premises and Showground any member of the Public who, in the Auctioneer’s or Society’s opinion, is acting in a manner not conducive to Good Business Relationships. This action will then be reported to the Welsh Pony and Cob Society.
Reviewed March 2017
General Conditions of Sale
1. Definition of Auctioneer and Agent’s Status
1.1 Brightwells Ltd. (hereinafter called “the Auctioneers”) sell as agents for the Seller (except where they are stated wholly or partly to own any Lot as principal) and
1.1.2 the parties to the contract of sale are the Seller and the Buyer and the Auctioneers as such are not responsible for any default by Seller or Buyer.
1.2 The Auctioneers means any employee or agent of Brightwells Ltd. who at the relevant time has the authority to conduct an auction or sale.
2. Confirmation of Ownership
2.1 The Seller warrants to the Auctioneers and to the Buyer:
2.1.1 that he is the true owner of the Lot or is properly authorised to sell the Lot by the true owner.
2.1.2 and is able to transfer a good and marketable title to the Lot free from any third party claims liens and encumbrances and that all entries on the entry form are correct.
2.2 The Seller will indemnify the Auctioneers, their servants and agents and the Buyer against any loss or damage suffered by them in consequence of any breach of the above warranty on the part of the seller.
2.3 The Auctioneers may make such announcements or publish such information supplied by a Seller about any Lot as they in their discretion think fit.
2.3.1 and the Seller will indemnify the Auctioneers if any warranty is found to have been made by the Auctioneers as a result of such announcements or publications.
3. Auctioneers Right to Split or Amalgamate Lots, to Refuse Admission & Bids
The Auctioneers shall have the right at their discretion to:
3.1 refuse admission to their premises or attendance at their auctions by any person
3.1.1 require any Seller to remove a Lot from the auction premises or to remove the Lot themselves (if the Seller refuses so to do) and recover the costs from the Seller.
3.2 The Auctioneers have absolute discretion without giving any reason to refuse any bid, to divide any Lot, to combine any two or more Lots, to withdraw any Lot from the auction and in case of dispute put up any Lot for auction again.
3.3 The Auctioneers may accept written instructions to bid on behalf of prospective Buyers but any instructions accepted shall be at the risk of the prospective Buyers, who will be deemed to have viewed the Lot(s).
4. Faults & Descriptions, Responsibility of Lots
4.1 Every Lot must be taken to with all faults and imperfections and errors of description (if any).
4.2 Until sold, each Lot shall be at the Seller’s risk and it shall be his duty to preserve the same.
4.3 After the fall of the hammer such risk and duty shall devolve upon the Buyer.
4.4 Title in all Lots remains vested in the Seller or Brightwells Ltd. (as the Seller’s Agent) until payment in full has been made. In the event of the Lots being re-sold before payment being made in full the purchaser shall hold the proceeds of such sale on trust for the Seller (or Brightwells Ltd. as Seller’s Agent).
4.5 No Lot shall be removed from the place of sale until the sale has been concluded, full payment made and pass obtained from the Auctioneers or their Clerk.
4.6 Notwithstanding such a lien and the right of possession aforesaid, the Auctioneers do not accept any risk as regards any Lot, nor any liability whatever, as to preservation or delivery thereof.
5. Resale due to Faults or Compliance
5.1 On failure of compliance with the Conditions, the Auctioneers may re-sell the Lot or Lots, either by public auction or private contract and the deficiency (if any) with all expenses, shall be made good by the defaulter at this sale, but such defaulter shall not be entitled to any surplus which may arise by such re-sale, which shall remain the property of the Auctioneers.
5.1.1 Such expenses shall be deemed to include the usual Auctioneers commission on the re-sale and all expenses for porters, advertising, market tolls, carriage, care, storage, keep and otherwise.
6. V.A.T. (Subject to current legislation)
6.1 Value Added Tax at the Rate prevailing on the day of the sale will be added to the purchase price of all items bought at any sale in the United Kingdom, the amount will clearly be shown on the Buyer’s invoice.
6.2 The only exceptions to the provisions of Clause 6.1 will be:
6.2.1 ‘Zero’ rated or ‘Exempt’ articles,
6.2.2 or if prior to sale the Auctioneers hold a signed Seller’s declaration stating that he is either not registered for V.A.T. (unless the sale is wholly non-margin scheme).
6.2.3 or that items entered by him are eligible for sale under ‘second-hand margin scheme for V.A.T. rules.
6.3 Overseas Buyers must pay all V.A.T. chargeable on an invoice under United Kingdom legislation. V.A.T. may be refunded if appropriate upon production of acceptable proof of:
(a) export of the items and
(b)registration for V.A.T. of the Buyer within another E.U. State, where items have been dispatched to that E.U. State.
7.1 Would all Sellers please note that we (Brightwells Ltd.) will raise a self billing tax invoice for the proceeds of any goods in this or any other sale held by us. It is a Customs & Excise requirement that this is the only tax invoice raised for those items.
7.2 We must have your V.A.T. registration number (where appropriate) together with your name and address for inclusion on any self billing tax invoice raised by ourselves.
7.3 You must notify us immediately if your V.A.T. registration number is cancelled, or if you are issued with a new V.A.T. registration number.
7.4 Any Seller not agreeing to this system of self billing tax invoices being raised by us must notify us prior to the commencement of the sale. Regrettably, we can only operate with a self billing system in place, and therefore will not sell the goods of any Seller who is unable to accept this system.
8. No Biddings Retracted
8.1 No bidding shall be retracted. The bidding increments will be regulated by the Auctioneers
9.1 All Buyers must declare their names and addresses, (and produce proof of identity) and to pay
to the Auctioneers the amount of the purchase money in cash, immediately on the fall of the hammer, and in default of which the Lot or Lots shall be offered again and re-sold, at the Auctioneers’ discretion.
9.2 Under no circumstances may any Lot be removed without first obtaining a pass from the Auctioneers.
9.3 The Auctioneers may at their absolute discretion, agree to accept payment by such other means or such other manner than is provided for in 9.1 as they see fit.
10. Owners Risk
10.1 Neither the Sellers nor the Auctioneers will be responsible for any accident, or damage to life or limb prior to or during the progress of the Sale, or at any time during the removal of Lots.
10.2 Vehicles parked at the Sale are at the owner’s risk.
10.3 All objects and possessions are brought onto the Sale Site entirely at the owner’s risk and unattended baggage and objects will be removed or destroyed as the Auctioneers think fit.
11. Highest Bidder
11.1 The Buyer shall be the highest bidder.
11.2 In the event of a dispute between two or more bidders as to which is the Buyer, the dispute shall be settled at the absolute discretion of the Auctioneers.
12. Sellers Right to Bid
12.1 The Seller reserves the right to bid, however, no Seller may bid for any of his/her own Lots, except through the Auctioneers.
12.2 The Auctioneers reserve the right to charge full commission on the reserve price of any Lot so bought in.
13.1 The Seller shall be entitled prior to the auction to place a reserve price on any Lot, being the minimum amount for which the Lot shall be sold.
13.2 Such reserve shall be in writing and the document containing the reserve will be handed to the Auctioneers not later than one hour prior (or as advised in special conditions) to the commencement of the auction and in the event of the Seller failing so to do the Lot will be sold without reserve.
13.3 The Auctioneers reserve the right to sell any lot at 10% less than the reserve price.
13.4 Where a reserve price has been placed only the Auctioneers may bid on behalf of the Seller, whilst any third party may not bid on the Seller’s behalf.
13.5 Any Lot bought in by the Seller in excess of the reserve price will be subject to full commission charges.
14. Reservation of Title
14.1 If the Auctioneers do not demand payment from the Buyer but allow him to remove the Lot from the sale then the Buyer shall ensure that the title in the Lot remains vested in the Seller (or Brightwells Ltd. as Agents of the Seller) until payment in full has been made. If the Seller has been paid, but the goods not paid for the title remains with Brightwells Ltd. until full payment has been made.
14.2 Until payment in full has been made the Buyer shall undertake to keep the Lot in a good and marketable and readily identifiable condition and not to sell the Lot which remains the property of the Seller. In addition, if not paid for on demand, the Lot shall be returned to the Auction site for resale and shall be dealt with as in 5.1.
14.3 In the event of sale by a Buyer before payment has been made in full the Buyer shall hold the proceeds of such sale on trust for Brightwells Ltd. (as Agent of the Seller).
14.4 In the event of breach of conditions, the Auctioneers reserve the right to enter on to property of the Buyer, or others to reclaim possession of any Lot.
15. Private Sales
15.1 All private sales made on the day of the sale must be booked through the Auctioneers.
15.2 The Auctioneers reserve rights at their option to:
15.2.1 treat as void any private sale made by a Seller of any Lot which he shall have entered for sale by the Auctioneers and which has been received at the sale by them or on their behalf or
15.2.2 to charge and reserve from such Seller their appropriate commission upon any such sale.
In case of dispute as to the meaning of any description or warranty the decision of the Auctioneers shall be final and binding on all parties.
17.1 In these conditions of sale, unless the contrary intention appears, words importing the masculine gender shall indicate female and words in the singular shall include the plural and words in the plural include the singular.
18. All Buyers are deemed to bid on the understanding that they have read and understood these Conditions of Sale.
19. Royal Institution of Chartered Surveyors Rules of Conduct
19.1 This market / auction sale is not required to comply with RICS Members Accounts Regulations.
No monies paid to this sale are covered by any scheme for the protection of clients’ money operated by the Royal Institution of Chartered Surveyors.
A more detailed explanation can be obtained in writing from the RICS Regulations Department, Surveyor Court, Westwood Way, Coventry CV4 9JE.
20. Health & Safety & Risk
20.1 All persons entering the Sale Site do so at their own risk.
20.2 All persons entering the Sale Site must take notice of all specific health and safety notices on display at individual sites. If in doubt please consult the Safety Officer/Auctioneer in charge.
21. Commission Bid
21.1 Commission bids will be faithfully executed when received in writing at least one hour prior to sale, on condition that the Lots have been viewed by the intending Buyer or his Authorised Agent and the Buyer agrees to take with all faults and mis-descriptions. Whilst any Lot will be purchased as other bids and reserves allow, the Auctioneers will accept no responsibility if a commission bid is not executed.
21.2 All Lots bought on commission must be paid for immediately, regardless of whether or not they have been collected.
21.3 A deposit may be requested at the time of placing a commission bid.
22. Additional Charges
22.1 The Auctioneers reserve the right to levy additional charges where appropriate. These may include: Commission, Levies, Tolls, Offering Fees, Transfer Fees, Haulage, Contra Accounts, Advertising, Sundries, Buyers Premium, Indemnity and other charges appropriate to individual sales. Please ask for a confirmation of rates PRIOR TO SALE if you require clarification.
23.1 Save as provided in 23.1.2 below, in all cases where a person whose bid is accepted is in fact acting
as an agent, whether or not he has disclosed this fact, he and his principal shall be deemed to be and remain jointly and severally liable on the contract, and no steps taken or proceedings commenced against the principal or the agent shall be deemed to operate as an election discharging the other from liability unless such steps or proceedings result in a final satisfied judgment.
23.1.1 Save as aforesaid, the agent and his principal shall be deemed to be jointly and severally liable on the contract and any steps authorised by these Conditions or the general law may be taken against either or both of them, whether the existence or identity of the principal was disclosed or not.
23.1.2 Conditions 23.1 and 23.1.1 above shall not apply if before the commencement of the sale the agent informs the auctioneers that he intends to contract as a principal, in which case the agent will be deemed to be personally and solely liable on the contract.
Buyers making a purchase for export must comply with all regulations and export requirements and indemnify the Auctioneers against any liability.
25. Catalogues and Advertisements
The Auctioneers cannot guarantee that any Lot described in any Catalogue or Advertisement will arrive for Sale, nor that any description therein contained can be relied upon as accurate. All Lots should be inspected by the Buyer who bids on the understanding that he has inspected (or is deemed to have inspected) the Lot and agrees to take with all faults and imperfections.
26. Disposal of Not Sold Lots
Any Lot that fails to attract a minimum bid (as applicable) will be disposed of by the Auctioneers and any costs will be payable by the Seller. If the Seller wishes to retain and remove the Lot, this must be done by the end of the sale day and on condition that all relevant charges and fees have been paid to the Auctioneers.
27. Please Note
27.1 These are only the General Conditions of Sale and the Special Conditions appropriate should also be referred to by all Sellers and Buyers.
27.2 In certain circumstances, Special Conditions may detail additional, more specific requirements than the General Conditions. In these cases the Special Conditions take precedence over the General Conditions.
27.3 Livestock Sales will use the General Conditions of Sale for Cattle, Calves, Sheep and Pigs (2009) as recommended by the L.A.A., (subject to update) together with additional Special Conditions.
27.4 Special regulations may be in place to complement General and Special Conditions such as MOD and Breed Society regulations.
27.5 No refunds will be given for catalogue orders/subscriptions.
27.6 A “Customer” is defined as a person who Brightwells does business with, and their information will be stored in our system in accordance with our data protection policy, which can be viewed on www.brightwells.com
Version: May 2018