Hectare Agritech Ltd t/a SellMyLivestock Auction Conditions of Sale for Sheep

 

Version: Exlana/Sheep Improved Genetics Ltd

 

NB. No commissions will be levied on the sale on either buyers or sellers.

 

All Exlana sheep exposed for sale under the auspices of the Sheep Improved Genetics Ltd (Exlana) are sold subject to and in accordance with the following rules:- 

 

(1) Authenticity

(i) Sales shall be restricted to sheep which are the bona-fide property of Sheep Improved Genetics Ltd, who is the Vendor. 

(ii) The performance records of each animal are guaranteed to be correct by Exlana.

 

 (2) VETERINARY

(i) Animals affected with any disease of an infectious nature are strictly prohibited from being presented for sale.. 

(ii) If a sheep sold at the sale is tested by the buyer for Maedi Visna within thirty days of the sale and is proven positive the Vendor will be responsible for taking the sheep back, paying for all expenses and refunding the full purchase price . 

(iii) All sheep offered at sale must comply with the DEFRA dipping regulations then in force. 

(iv) Ewes and Ewe Lambs which have been the subject of Embryo Transplant Procedures (whether as recipients or donors) and / or artificial insemination or Embryo Collection Procedures shall be so described on the entry form and the sales catalogue. 

(v) Rams and Ram lambs from which semen has at any time been collected shall be so described on the entry form and in the sales catalogue. 

 

(3) CONDITIONS AFFECTING VENDOR AND PURCHASER AND CONDUCT OF THE SALE 

(i) All sheep exposed for the sale are at the risk of the Vendor prior to the sale and must be bona fide property of the Vendor at the time of the sale. All lots are accepted for sale on terms that the Vendor warrants his right to sell the same and undertakes to indemnify SellMyLivestock against all actions proceedings, claims, demands, costs, charges or expenses to which they may be exposed or which they incur by reason of any defect in title. 

(ii) No substitute animal shall be permitted to be offered for sale.

(iii) Any person intending to bid for an animal or animals as an Agent shall inform SellMyLivestock of his intentions before the commencement of the sale of such animals and shall, if required disclose, the name and address of his principal. 

(iv) Save as provided in condition (viii) 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. 

(v) 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. 

(vi) Conditions (v) and (vi) above shall not apply if before the commencement of the sale the agent informs SellMyLivestock that he intends to contract as a principal in which case the agent will be deemed to be personally and solely liable on the contracts. 

(vii) The highest bidder shall be declared the Purchaser subject to Rule 

(viii) below and each bid shall exceed the former bid by at least one pound or guinea. SellMyLivestock reserve the right to refuse any bid without giving a reason for doing so. 

(ix) The Vendor has the right to fix a reserve price; which shall be properly notified to SellMyLivestock in writing prior to commencement of the sale. The right to bid by and on behalf of the Vendor in the terms of The Sale of Goods Act 1979 as amended is expressly reserved. 

(x) Each animal forward at the sale must be exposed for sale by auction before any Private sale shall be permitted or recognised by SellMyLivestock. 

(xi) If a person who has entered a lot for sale sells that lot privately on the day of the sale these conditions shall so far as applicable govern the private sale. 

(xii) In such a case the Vendor or failing him the Purchaser shall book the transaction with SellMyLivestock and the purchase money shall be payable to them in full. 

(xiii) SellMyLivestock reserve the right to change and recover the whole of the commission which would have been payable if the lot had been sold at auction for the price obtained on the private sale and if they exercise the right they should be entitled to deduct commission before accounting to the Vendor. 

(xiv) If a vendor fails to comply with the provisions of paragraph 5 (xii) above he shall be liable to pay the said commission. 

(xv) (a) If a purchaser fails to comply with any of the preceeding Conditions as to the purchase price SellMyLivestock may cause the lot in respect of which failure is made to be re-sold by public or private sale without warranty or reserve and without notice to the purchaser. (b) If upon re-sale as aforesaid a lower price is obtained for any lot than was obtained in the first sale the difference in price together with all costs and charges attending the re-sale shall be a debt from the purchaser in default at the first sale. 

(xvi) Immediately after the purchase of each animal is declared the risk of the animal shall pass to the purchaser but until the price is paid the right of property shall not pass and delivery of the animal shall be suspended.

(xxi) No undertaking by SellMyLivestock or their respective servants to take charge of any animal after the sale or to forward it to its destination shall be held to impose upon the SellMyLivestock any legal obligations or invalidate any of these rules. 

(xxii) No liability whatsoever is undertaken by the SellMyLivestock for the accuracy or otherwise of statements appearing in the catalogue or made at the sale. The Vendor is responsible for such statements and for any error or mis-statement. 

(xxiii) Apart from the guarantees laid down in these rules or specifically given by the vendor in the catalogue animals are sold subject to their conditions and to all faults.

 (xxiv) In the foregoing rules the word “animal” shall be held to include a ewe and lamb when sold together. 

 

(4) FERTILITY GUARANTEES 

 

(a) Rams and Ram Lambs 

 

1. All rams and ram lambs are warranted by the seller capable of natural and effective service within three calender month from the date of the sale. If at the expiry (the male fertility guarantee period) the ram or ram lamb has failed to prove himself capable of natural and effective service and a veterinary surgeon's certificate is lodged within 14 days from the date of expiry of the male fertility guarantee period with the SellMyLivestock specifying that the ram is so incapable and further that the veterinary surgeon has inspected the buyer's breeding ewes and found them to be in normal responsible breeding condition and not in the aforementioned incapacity then the buyer may return the animal to the seller. 

2. The animal shall be deemed incapable of natural and effective service if it fails to make at least one ewe pregnant during the male guarantee period under natural breeding conditions and is so certified as being incapable by veterinary surgeons certificate aforementioned. Exlana recommends that the veterinary surgeon follows the “Guidelines on the examination of rams for breeding” and also the “SVS Examination Certficiate” as issued by the sheep Veterinary Society. 

3. The buyer shall throughout the male guarantee period give the animal full and sufficient opportunity to prove that he is capable of natural and effective service. 

4. Ewes which have been "sponged" and or treated with hormone treatment to induce or synchronise ovulation shall not for the purpose of this guarantee be "in normal condition". 

 

(b) Ewes and Ewe Lambs 

 

1. All females offered for sale are warranted not to be in lamb unless otherwise stated in the catalogue at the time of sale.

2.  If within fourteen weeks after the day of the sale a female sheep warranted not in lamb as aforesaid proves to be in lamb and within sixteen weeks after the day of sale the purchaser gives to SellMyLivestock written notice supported by a certificate signed by a veterinary surgeon such female sheep has been proved to have been in lamb then if the sheep lambs naturally at a date which proves it to have been in lamb at the date of sale either the purchaser may return the sheep and her lamb if any to the Vendor or at the sole option of the Purchaser the Vendor shall pay to the Purchaser as and for ascertained and agreed liquidation damages to cover all expenses depreciation in value and other damages whatsoever a sum equal to 25% of the purchase price of the sheep. 

3. If any female sheep which was described in the catalogue or at the time of sale as being "scanned in lamb" or in lamb proves not to have been in lamb at the time of sale and within 7 days after the day of sale the Purchaser gives written notice to SellMyLivestock of his intention to return the animal supported by a veterinary surgeon's certificate that such sheep has proved not to have been in lamb then the purchaser may return such sheep to the Vendor. 

4. The Vendor shall specify in the catalogue the identification of the ram with which the female has been running. 

5. Except where stated to the contrary in the catalogue or at the time of sale every ewe described as with lamb at foot is warranted to be suckling all the lambs with which it is sold. If notice in writing is given to SellMyLivestock within 5 days after the day of the sale that there has been a breach of warranty then the Purchaser may return the ewe or ewes and lambs to the Vendor. 

6. All females offered for sale are warranted correct in the mouth and udder at the time of sale unless otherwise described in the catalogue.

7. If any such sheep is proven to be unsound in mouth or udder that is to say is lacking any of 8 broad teeth or has damaged or worn teeth or defected udder and notice of such unsoundness is given to the SellMyLivestock within 5 clear days after the day of sale supported by a certificate signed by a veterinary surgeon then either the purchaser may return the sheep to the vendor or at the sole option of the purchaser the vendor shall pay to the purchaser as and for ascertained and agreed liquidated damages to over all expenses depreciation in value and other damages whatsoever compensation at the rate of 66.66% of the purchase price.

 

(c) It is hereby agreed that:- 

 

1. Incapacity due to injury from whatever cause, illness suffered or contracted after the date of sale is not covered by the guarantee. 

2. Death within the respective guarantee period voids any liability under this guarantee.

3. In cases where the Vendor insures his liability under the fertility guarantee the insurers shall assume the rights and remedies of the vendor under the guarantee subject to the terms of the insurance policy.

 

(5) 

 

1. Except where otherwise expressly provided the breach of any warranty contained in these conditions shall give the Purchaser a right of refuse to take delivery of or return the animal in accordance with these conditions and to recover such reasonable costs and charges as he may be entitled to under these conditions but shall give him no right to claim damages from the vendor in lieu of exercising such right of refusal or return. 

2. No claims by a purchaser under these condition shall be valid unless the purchaser notifies SellMyLivestock in the manner prescribed of such claims within the time limit laid down in the appropriate Conditions.

3. Where under any provision in these Conditions the purchaser has the option of returning an animal or claiming damages then unless within 3 days after first notifying the Vendor of his intentions to make a claim he either returns the animal to the Vendor or gives notice in writing to SellMyLivestock and the Vendor of his intentions to return the animal and of his willingness to comply with any direction which may be given to him regarding the return of the animal the purchaser shall be taken to have elected to claims damages and to have waived any right to this effect by the SellMyLivestock.

4. Save as aforesaid in the case where the purchasers sole remedy is to return the animal, the return shall be carried out within 3 days of the receipt of a request to this effect by SellMyLivestock

5. No claims by a purchaser that an animal does not comply with any warranty other than any condition or warranty as to title shall be valid unless: The Purchaser has given notice to SellMyLivestock in the manner and within the time prescribed including provision of any veterinary surgeons or other certificates required by these conditions and in the case where the purchaser has claimed the right to reject an animal on the ground that its physical condition constituted a breach of warranty and the vendor has called for a veterinary surgeon’s certificate or opinion the purchaser has provided the certificates or opinion within such reasonable period as SellMyLivestock shall have specified. 

6. Notwithstanding any other provision of these Conditions where any veterinary surgeon’s or other certificates or opinion is required by or under these conditions to be provided within any specified period the SellMyLivestock  shall be entitled whether before or after the expiration of the said period to allow such further time for the delivery of the said certificates or opinion is provided within such further time any claims by the purchaser shall as from that moment be as effective for the purpose of these Conditions as if the certificate or opinion has throughout been provided in due time. 

7. If a purchaser claims that an animal does not comply with any warranty given but the vendor disputes the claims the claim shall stand referred for decision to the SellMyLivestock or to any person whom they may appoint for the purpose such other person as the case may be being hereafter called “the referee”. The referee who shall act as an expert and not as an arbitrator shall make such examination or trail of the animal and such enquiry of any person as in his sole and unfettered discretion he considers necessary or desirable for determining the dispute. 

8. The decision of the referee on any matter referred to him which shall include the question whether any disease is or is not whether by reason of its temporary character or otherwise such as to constitute a breach of warranty and on whether any animal which is to be returned shall be returned to the premises of the vendor shall be final and binding upon both vendor and purchaser provided that if either the vendor or the purchaser so requests in writing within fourteen days after the decision the referee shall within twenty-one days after receiving such a request put his decision into writing and send one copy thereof to the vendor and another copy to the purchaser. 

9. The party against whom any decision is given hereunder shall pay all reasonable expenses incurred by SellMyLivestock in connection therewith including the cost of any examination or enquiry and the fees of any person appointed by the SellMyLivestock to give any decision or to make any enquiry or examination. 

10. Where a purchaser duly exercises his right under any provisions herein contained to refuse to make delivery of any animal or to return it to the vendor he shall be entitled to the return of the purchase money or such part of it which he has not paid and shall be released from liability for any part of it which he has not paid and shall be entitled to reasonable costs incurred by him in obtaining any veterinary surgeon’s or other certificate or opinion which he may be required to furnish under the said provision as a condition of exercising his said right.

11. Where the purchaser exercises his right to return an animal he shall do so at his own expense but the Vendor shall pay to the puchaser the reasonable cost and charges of the transit of such animal to and from the purchaser’s premises and in the case of an animal which has been at the purchaser’s premises for not less than a week the reasonable cost of its keep.

12. Should the purchaser of any animal return it without being entitled by these conditions to do so he shall be liable to pay SellMyLivestock and the vendor all costs expenses damages which the SellMyLivestock and the vendor respectively are put to or by reason of the purchaser’s action. 

13. Save as herein expressly provided if the purchaser does not comply with the foregoing conditions in every particular he shall be bound to keep the lot with all faults and shall have no claims under these conditions for damages or otherwise against any person on respect of the sale. 

14. SellMylivestock shall not be bound to entertain any claims by the purchaser under these conditions unless he has paid the purchase money in full before the claim is made. 

15. Except as herein expressly provided (a) There shall be no condition or warranty otherwise than as to title in regard to any of the lots sold and (b) Each lot shall be taken with all faults imperfectly and errors of description 

 

(6) GENERAL

 

1. 1. 1. Time shall be of the essence of all conditions in which time limits are prescribed provided that were the time limited for any person to do anything expires on a Sunday Bank holiday or public bank holiday or a day following next after any such days then such Sunday or Bank holiday shall be excluded from the computation of the time. 

      2. In the computation of any period of time before or after the sale or any other event the day of the sale or other event as the case may be shall be excluded. 

      3. All periods expressed as a number of days shall be taken to refer to that number of clear days and similarly for any other period of time. 

      4. Notwithstanding anything in the foregoing Conditions but subject as hereinafter mentioned any written notice under any of these Conditions may be served on the person whom it is given whether personally or by leaving it for him at his last known place of abode 16 or business during ordinary office hours or by sending it through the post in a prepaid delivery letter addressed to him there and any such letter shall be deemed to have been received by him at the time at which it would be delivered in the ordinary course of post. 

      5. Provided always that any written notice required by any of these Conditions to be given by a purchaser to a vendor by leaving it at the office of SellMyLivestock and any letter shall be deemed to have been received by the vendor at the time at which it would have been delivered to the SellMyLivestock. 

      6. SellMyLivestock on receiving any such notice as aforesaid shall soon as reasonably practical communicate by post the contents of such notice to the vendor. 

      7. Except as aforesaid all communications and negotiation with reference to any dispute between any purchaser and vendor with reference to any animal sold under these Conditions shall take place directly between the purchaser and the vendor respectively and SellMyLivestock shall not be concerned therewith.

      8. Without prejudice to the foregoing rules it is hereby expressly declared that the vendor selling and the purchaser by purchasing any animal shall be bound by the above rules not withstanding the terms of any statutory enactment or custom or trade to the contrary.

      9.  Dispersal Sales. This term shall only be used where the registered flocks is to be completely disposed of and the registered monogram surrendered to Exlana. Should the flock owner concerned wish to re-start at any time then his application will be treated as for new flock and no question of re-registration will be considered.

 

END