BPH Auction - Horses for Sale at Auction

Terms and Conditions

Terms and Conditions 2023

The attention of Vendors and Purchasers is drawn to these Conditions of Sale of a horse by Public Auction and includes auctions via live auction. These Conditions of Sale form the basis of the contract between the Purchaser and Vendor. We advise all prospective Purchasers to carefully read these Conditions of Sale before bidding. The attention of Purchasers is particularly drawn to their rights, procedures and time limits in the event of a complaint or dispute.

1. CONDITIONS OF SALE

Definitions:

“BPH Auction” is a trading name of BPH Auction Limited, Hill House Farm,

Buckland Dinham, Frome, Somerset, BA11 2RB (hereinafter referred to as

BPHA) and is organising, as an intermediary, between Vendors and

Purchasers, the auctioning of Lots at the BPH Auction (hereinafter referred to as the Auction) on 30th October 2023 to the highest bidder. BPH Auction Limited is VAT registered.

“Auction” shall mean the auctioning of Lots at the BPH Auction on 30th October 2023 online at www.bph-auction.com

“The Vendor” shall mean the person, partnership or corporation named in the Entry Form as Owner of the Lot provided that where an owner is not named in the Entry Form, or in the case of a partnership the person who enters the Lot for sale shall be deemed to be the Vendor.

“The Purchaser’’ shall mean the highest bidder to whom a Lot is knocked down or who purchases the Lot privately following the Auction.

“Lot’’ shall mean and include horses of all descriptions offered for sale and which has been allocated a Lot number.

1. RESERVES, BIDDING AND PRIVATE SALES

1. A Lot entered in the Auction and advertised for sale, shall not be sold by the Vendor before the Auction of that Lot.

2. There may be a reserved price for any Lot and subject to such reserved price, the highest bidder shall be the Purchaser. Should any dispute arise between two or more bidders BPHA shall adjudicate on the dispute and their decision shall be binding on all parties. At their discretion BPHA may put up the Lot in dispute for Auction and re-sale.

3. In the case of the Auction, acceptance of an order will take place on the fall of the hammer and that person is confirmed as the highest bidder following the close of bidding. At this point a contract will come into existence between the Purchaser and BPHA, acting on behalf of the Vendor, on these Terms and Conditions.

4. BPHA reserve the following rights:

1. To refuse without reason the bidding of any person;

2. To bid on their own behalf up to the reserve price; and

3. To withdraw a Lot from sale at any time before it has been knocked down without disclosing the reserved price. A Vendor shall not bid or allow anyone else to bid on their behalf for any Lot owned by them except in cases where such Lot is being sold on the dissolution of a partnership.

1. No undertaking by BPHA, their servants or agents to take charge of a Lot previous to or after a sale or to forward such Lot to a destination shall be held to impose upon BPHA any legal obligation or vitiate any of

the foregoing Conditions. Any person engaged to bring and take away a Lot shall do so at the cost and risks in all respects of the Vendors of such Lot.

3.0 PARTICIPATION IN THE AUCTION

3.1 There is only one way in which you can bid:

Online

To bid online, you are required to register via www.bph-auction.com At the time of the registration, all the questions asked in the Registration Form have to be duly and correctly answered. This also results in a contract of use with the operator of the online platform.

4. INFORMATION ABOUT AND HOW TO CONTACT BPHA

4.1 For Lots sold at the Auction, which is public, the contract of sale will be with BPHA, on behalf of the Vendor.

4.2 BPHA can be contacted by telephoning on the phone number on the website, by email or by writing to BPHA at the above address. If BPHA have reason to contact you, BPHA will do so by telephone or by writing to you at the email address or postal address you provided at sale or registration.

When the words "writing" or "written" are used in these Terms, this includes emails.

4.3 BPHA collect and store data, which is necessary for business processing. With regard to the processing of personal data, BPHA comply with the legal provisions under GDPR.

5. DESCRIPTION OF A LOT

5.1 Lots may vary slightly from the pictures and videos displayed. The images and videos of the Lot on the website and social media channels are supplied by BPHA. Although BPHA have made every effort to display the pictures and videos of the Lots accurately, BPHA cannot guarantee that a device’s display of a picture or video or that the picture or video itself accurately reflects how the Lot looks or moves in the case of video.

5.2 BPHA shall not be liable or responsible for the accuracy of any information set out online concerning a Lot listed for sale or for any description, pedigree or warranty expressed or implied on its behalf, such information being supplied by the Vendor who alone is responsible for its accuracy. The Vendor shall at all times indemnify BPHA in respect of such information supplied.

5.3 BPHA will endeavour to have all online information correctly stated, but the Vendor is responsible for the correction of any error or omission. It shall be the duty of the Vendor to ensure that the Lot is properly described as set out online. In the event of any dispute as to the description or information of a Lot, the Purchaser’s remedy shall be against the Vendor and the Vendor’s remedy shall be against the Purchaser and BPHA who act as intermediary between Vendor and Purchaser shall not be liable as a party in any action or dispute that might arise between the parties.

5.4 Other than the warranty provided at clause 5.5 below, no representation is made as regards suitability for a specific purpose unless a clear statement is made to this effect in the description of that specific Lot. Where additional information is provided by description this is intended to be a guide and is not a statement amounting to suitability for any specific purpose or a guarantee.

5.5 If the Purchaser of any Lot sold with a Pedigree or description contends that it does not correspond with such Pedigree or description, or if they contend that such Lot is afflicted with: i. is a wind sucker; ii. is a crib-biter, where this is associated with wind-sucking; iii. is a weaver;

1. exhibits box walking;

2. has been tubed, fired, unnerved or operated upon for unsoundness of any other kind (and this was not specifically disclosed to you);

3. is a male horse (other than a foal, a yearling before the 1st July of its yearling year) which does not have two testes fully descended to and fully palpable within the scrotum at the time of the Auction is or shall be deemed to be a rig or cryptorchid; and if the horse has not been described as such on the pre-sale Veterinary Certificate or online;

The Purchaser must notify BPHA in writing, within fourteen days from the last day of the Auction at which the Lot was purchased, specifying the exact nature of the complaint in respect of the Lot purchased. Failure to so notify BPHA shall defeat any right or remedy the Purchaser may otherwise have pursuant to these conditions or otherwise. BPHA shall then nominate a Veterinary Surgeon or other expert to investigate the Purchaser’s contention and the decision of such Veterinary Surgeon or expert shall be binding on Vendor and Purchaser. In the event that a Lot is returnable by reason of the matters arising herein, the Vendor shall pay to BPHA the cost to BPHA and to the Purchaser of returning the Lot and the amount of any payment under this Condition payable to the Purchaser shall be fixed by BPHA whose decision shall be final and binding on all parties.

5.6 Should any dispute arise between a Vendor and a Purchaser as to any of the matters referred to in the Condition 5.5 hereof, it shall be adjudicated upon by BPHA at such time and in such manner as BPHA in their absolute discretion shall think fit and their decision shall be final and binding on all parties. All expenses and charges incurred by such adjudication shall be borne by the party found to be in error. BPHA shall not be liable as a party in any dispute between the Vendor and Purchaser or in any legal action arising there out.

6. VETERINARY CERTIFICATES

6.1 Pre-Auction Veterinary Certificates will be available in respect of each Lot and will be dated within 14 days of the start of the Auction (13th October 2023).

6.2 The examination will be conducted by a vet of the vendors choosing, local to the location of horse. They will issue an agreed Pre-Auction Veterinary Certificate outlining any discoverable signs of disease, injury or physical abnormality (if present). They will provide an opinion on the balance of probability if any of the conditions present are or are not likely to prejudice the animals for use in competition.

6.3 The Vendor will be required to sign a declaration that no medication or abnormal nutrient has been administered and it is not subject to any disease, injury, physical abnormality or vice other than recorded and declared.

6.4 X-Rays. Lots to be sold in the auction will be x-rayed within 12 months prior to the auction. All x-rays will be available for potential purchasers to study online prior to the day of the auction. The x-rays of each horse Do Not Constitute A Warranty Or Guarantee Of Any Kind and we have not obtained our own veterinary opinion on the x rays, the only guarantee provided in respect of the x-rays is that they relate to the horse to which they are stated to. You should obtain your own veterinary opinion on the x- rays provided. Unless otherwise specifically agreed the x-rays will remain our property when the horse is sold.

6.5 The purchaser has the right to have the lot re-examined by a veterinary surgeon prior to taking delivery of the lot. Purchasers must notify BPH auction that they require the lot to undergo a veterinary re-examination. If so requested, the Auctioneers shall arrange for such re-examination at the expense of the Purchaser and such re-examination will be performed by a veterinary surgeon nominated by BPH Auction other than such veterinarian who has furnished the original Pre-Auction Veterinary Certificate and the opinion expressed on re-examination shall be final and binding on all parties. If on such re-examination a defect is apparent in the lot and the re-examining veterinary surgeon is of the opinion that such defect is of practical significance, then the purchaser may repudiate the said sale. The decision of the nominated veterinarian who has carried out the re-examination as to the significance or otherwise of any defects disclosed on such examination shall be final and binding on Vendor and Purchaser. If the purchaser is satisfied the lot is as stated on the vendors description and does not require a veterinary re-examination, then a proof of collection form is signed and it is deemed that the purchaser has accepted the lot, taken responsibility of the lot and no re-examination will take place.

6.6 A Lot remains at the Vendors risk until completion of the re-examination procedure. Once re-examination has been completed and the Lot has passed such re-examination, such lot is then held to the purchasers

risk. Following sale of a Lot by auction or privately, it shall remain the Vendors responsibility:

1. To ascertain if re-examination has been requested and

2. To present such horse for re-examination.

6.7 Save as herein before provided no Lot shall be returnable

7. BIDDING, PAYMENT, COMMISSION, AUCTION FEE AND VAT

7.1 The auction shall be conducted in £ Sterling.

7.2 The Vendor will pay a commission of 10% plus VAT of the hammer price to BPHA even if a horse is subsequently returned by the Purchaser to the Vendor in accordance with the complaint’s procedure or for any reason.

7.3 On the sale of a Lot, commission shall be paid by the Purchaser to BPHA at a rate of 10% plus VAT of the hammer price. This includes all bank fees and charges.

7.4 All fees and commission are subject to VAT at the appropriate rate.

7.5 If the Vendor is VAT registered in the country where the Lot is being sold from, and the Purchaser is also resident in the same country or intends to maintain the Lot in the same country of purchase then local VAT will be added to the hammer price. If the Purchaser provides acceptable proof to BPHA that the Lot will be exported to their country of residence then local VAT will not be charged.

7.6 If the Purchaser is exporting the lot, then the Purchaser is solely responsible for all export costs and taxes relating to the sale of the lot.

7.7 If the vendor is not registered for VAT in the country where the Lot is being sold from, no VAT will be added to the hammer price, regardless of the location or intention of the Purchaser.

7.8 On the fall of the hammer the highest bidder shall be contacted by BPHA to confirm full name, address and invoice details, the details of which will require to be received by BPHA no later than 10am GMT on 31st October 2023.

7.9 The highest bidder should arrange payment in full so cleared funds are received no later than 12 noon GMT on 31st October 2023. In the event that funds are unable to clear, proof of payment / transfer will be accepted.

7.10 Should the successful bidder not provide:

i) Name, address for invoicing by 10am GMT on 31st October 2023.

ii) The funds are not cleared by 12 noon GMT on 31st October 2023. This will constitute breaking of contract which will result in immediate termination and the vendor will be subject to a fine of 20% of the hammer price to compensate the auction and the vendor. In such a case, BPHA will automatically pass the bid to the second highest bidder.

7.11 In the event of a defaulting Purchaser, BPHA shall not be held liable or responsible for any deficiency which may arise on the resale of an uncleared Lot. BPHA shall use their best endeavours at all times to ensure the completion of a purchase to the mutual benefit of the Vendor and Purchaser. BPHA shall in their absolute discretion decide the terms and conditions under which a Purchaser shall discharge his payment for any Lot purchased. In the event BPHA are for any reason unable to secure payment from the Purchaser then BPHA shall not be held liable by the Vendor for the purchase money or any part thereof.

7.12 Payments will only be accepted by bank transfer. The transfer of ownership to the Purchaser will not occur until BPHA are in receipt of cleared funds.

BPH Auction Limited

Lloyds Bank

Sort Code: 30-98-97

Account Number: 46346463

IBAN:GB33LOYD30989746346463 BIC: LOYDGB21031

*All fees and charges are included within the commission paid by the Purchaser.

7.13 The Purchaser shall not withhold payment for any Lot by reason of any right of set off or counter-claim which the Purchaser may have or allege to have or for any reason whatever against the Vendor or BPHA.

7.14 Payment to Vendors or their authorised Agents, will be made 15 days after the Auction in respect of those Lots where payment has been received from the Purchaser. In the event of a defaulting Purchaser, BPHA shall not be held liable or responsible for any deficiency which may arise on the resale of an uncleared Lot. BPHA shall use their best endeavours at all times to ensure the completion of a purchase to the mutual benefit of the Vendor and Purchaser. BPHA shall in their absolute discretion decide the terms and conditions under which a Purchaser shall discharge their payment for any Lot purchased. In the event that BPHA are for any reason unable to secure payment from the Purchaser then BPHA shall not be held liable by the Vendor for the purchase money or any part thereof.

8. PROVISION OF THE HORSE

8.1 Purchasers will own the horse they have agreed to purchase once BPHA have received payment in full. Transfer of ownership will only occur upon BPHA receiving payment in full in cleared funds.

8.2 Unless otherwise specifically agreed the horse is available for collection from the Vendor at their given address on receipt of payment by BPHA in full in cleared funds.

8.3 Upon BPHA receiving cleared funds, BPHA will provide details of the Vendor to the Purchaser so agreement can be made for collection, which shall occur within 7 days of the Auction ending.

8.4 The costs of transportation are responsibility of the Purchaser.

8.5 Horses to be collected from the Vendor at a mutually agreeable time. Vendors require 24 hours prior notice to collect a horse to make suitable arrangements on site. Private agreements with the Vendor to retain the horse for longer are the responsibility of the Purchaser.

8.6 A horse will become the responsibility of the Purchaser from the time they, or a carrier/transporter, collect it from the Vendor.

9. INSURANCE

9.1 Insurance of the Lots is the responsibility of the Vendor up until point of delivery at which this responsibility transfers to the Purchaser.

9.2 Following the fall of the hammer, we recommend the Purchaser take out 28 day cover for their purchase. BPHA recommend McClarron Insurance who can be contacted via 07741 659747 or emailing Lot details, Purchaser details and purchase price to tom.lalor@mcclarroninsurance.com.

10. DISPUTES

Subject to the foregoing Conditions, BPHA act as the Agent of both the Vendor and the Purchaser and to this end, BPHA shall use their best endeavours to act to the mutual benefit of both Vendor and Purchaser. In the event that any dispute arises for whatever reason as between the Vendor and the Purchaser, then the BPHA, the Vendor and the Purchaser shall be bound by these Conditions of Sale. BPHA shall not be liable to the Purchaser or to the Vendor in any manner howsoever arising from the sale of any Lot and in the event of any dispute arising in relation to any Lot, the Vendor’s remedy shall be against the Purchaser and the Purchaser’s remedy shall be against the Vendor. In the event that a dispute arises as between Vendor and Purchaser in respect of any Lot before BPHA has paid over any purchase money, BPHA on being notified of the said complaint and dispute between the parties, shall lodge any purchase money in their possession in an interest bearing Deposit Account until such time as the dispute is resolved as between the Vendor and Purchaser they both acknowledging to BPHA that the matter has been so resolved. It shall be the obligation of the Purchaser to pursue the resolution of the dispute and in default of prosecution of same, BPHA, on notice to the Purchaser, be at liberty to pay out to the Vendor any money that was withheld on foot of the Purchaser’s complaint, and shall do so unless the Vendor produces evidence to BPHA that legal proceedings have been commenced. In the event that a Vendor or Purchaser initiates legal proceedings, BPHA shall be bound by these Conditions of Sale and by any Order of Court in relation to the matter.

10.1 These terms are governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

10.2 If a clause in this contract is invalid or unfeasible or becomes such, the remaining clauses of this contract remain unaffected by this. BPHA reserve the right to exchange the invalid or unfeasible against a valid and feasible one. The same shall apply for loopholes/gaps in the regulations of this contract.

SALE OF GOODS BY AUCTION - GENERAL CONDITIONS

1. LOTS

1.1 The Purchaser admits that they have not been included to bid by any description representation measurement or statement made by or on behalf of the Vendor and agrees that (apart from the agreed price and any matter confirmed in writing by BPHA) these Conditions constitute the whole of the contract.

1.2 BPHA act only as agents for the Vendors and will not be liable to the Purchaser in any circumstances and has no authority to make any such descriptions representations measurements or statements.

1.3 No warranty is given or implied as to fitness for purpose or the quality of lots sold.

2. SALES

2.1 The highest bidder for any Lot shall be the Purchaser and the contract shall be concluded on the fall of the hammer.

2.2 The Purchaser may not retract their bid in any circumstances.

2.3 On the fall of the hammer the Purchaser, upon being contacted by BPHA, will provide their full name, address and invoicing details as mentioned above.

3. PAYMENT

3.1 In any event all Lots purchased must be paid for in full by 12 noon GMT on 31st October 2023.

3.2 From conclusion of the contract any Lot will be at the Buyer’s risk in all respects.

3.3 This market is not required to comply with the requirements of the members accounts regulations of the Royal Institution of Chartered Surveyors. No monies paid to this market are covered by any scheme for the protection of clients money operated by the Royal Institute of Chartered Surveyors. This notice is published in accordance with the requirement of the Royal Institute of Chartered Surveyors from whom a more detailed explanation can be obtained by writing to the Standards and Practice Department, The Royal Institute of Chartered Surveyors, 12 Great George Street, Parliament Square, London, SW1P 3AD.

4. DISPUTES

4.1 In the event of dispute as to bidding BPHA may either put up and re-offer for sale the Lot or Lots in question or may decide the dispute.

4.2 Any other dispute arising in any way out of any lot or its sale shall be decided by BPHA.

4.3 BPHAs’ decision in any such case shall be final and binding in all respects.

5. CONDUCT OF THE AUCTION

5.1 The Vendor may offer any Lots subject to a reserve price.

5.2 Rescind any sale within 3 hours of the final Lot being sold if the Lot has been sold under any reserve. In the event of such rescission the purchase price or any part already paid by the Purchaser shall be repaid but the parties and the BPHA shall be under no further liability to each other.

5.3 BPHA may refuse the bid of any person without giving a reason and may regulate bidding as they see fit.

6. Neither the Vendor nor BPHA shall be liable in any way for any loss or damage on any part of the premises on any part of which the Auction is held.

7. In the event of breach by the Purchaser of any of these conditions BPHA may rescind any contract with the Purchaser and put up and re-sell any Lots the subject matter of such contract and the Purchaser will immediately pay to BPHA as a liquidated demand any deficit arising on the second sale.

10. Disputes