Pony & Saddlery Sale Leominster Horse & - Brightwells
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
Leominster Horse,
Horse &
Pony & Saddlery Sale
Sale
Friday 2nd February 2018
at Easters Court, Leominster, HR6 0DE
Saddlery Sale at 11.00am, Horse and Pony Sale at 11.30am
The UK’s Number 1 Monthly Horse & Pony Sale
01568 619777 | brightwells.com
Location Map For further information please call 01568 619777 or email: horses@brightwells.com Brightwells Auctioneers, Horse and Pony Dept., Easters Court, Leominster, Herefordshire, HR6 0DE Fax 01568 619710
Leominster Sale of Horses & Ponies
The Sale will be conducted at Easters Court, Leominster HR6 0DE.
There will be a £3.00 per vehicle parking charge at this sale.
These Conditions are supplementary to the Auctioneers Standard Conditions
printed herein and prevail as to definition
THE SALE CONDITIONS
Have been revised in accordance with up-to-date Veterinary Practice and with a
view to protecting the rights of our clients to even greater degree. You are advised
to especially study our revised conditions of sale.
COMPLAINTS CAN ONLY BE MADE UP UNTIL 5pm ON THE FOURTH DAY (Tuesday)
FOLLOWING THE SALE DAY.
Lots which are sold with a hammer price of £400 or less are sold “as they stand”; with
all other questions of description and veterinary condition being entirely at the risk of
the purchaser.
VETERINARY PROCEDURE
Veterinary Surgeons appointed by the Auctioneers are available through the
Auctioneers Office to examine horses on behalf of Vendors and Purchasers. In the case
of Purchasers, they are prepared to examine horses on their behalf as to whether they
are correct under the “Conditions of Sale”. The Veterinary Surgeon’s decision that a
horse be returnable is binding on both parties. All horses should be vetted for eyes,
heart, action, age and ascertainment of catalogue descriptions for a fee of £65.00 incl.
VAT, unless when they are sold for £400 or less, when they are then sold “as seen” with
no veterinary warranty or guarantee as to catalogue description implied or given.
Please note all the heights stated in the catalogue are approximate.
Purchasers 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.
It is emphasised that the facilities are not available to undertake a full veterinary
examination but part veterinary examination should take place. Only Lots that are
examined by the panel on the sale day have an extended period of 2 working days
(Including Saturdays) to enable complete veterinary examination.
For the purpose of Conditions only - The Purchaser is described as the person who
makes payment for the Lot on Day of Sale and whose name and address is entered on
the Receipted Account.
It should be noted that any Statement in the Catalogue is not enforceable if the
transaction is not booked through the Auctioneers.
Please ensure that your lot has adequate food and water throughout the sale day. The
Auctioneers reserve the right to random blood test, for prohibitive substances, any
horse on the day of sale.
PLEASE NOTE THE FOLLOWING:
FOR HEALTH & SAFETY REASONS, PLEASE DO NOT BRING YOUR DOG TO THE SALE.
APPROVED HARD HATS MUST BE WORN BY RIDERS AT ALL TIMES.
NO PRAMS OR PUSHCHAIRS ARE ALLOWED IN THE PENNING COMPOUND,
COLLECTING OR SALES RING AT ANY TIME
CHILDREN, UNDER 12 YEARS OF AGE MUST BE ACCOMPANIED BY A RESPONSIBLE
ADULT AT ALL TIMES.
WARNING
Certain persons deliberately try to buy horses and ponies outside the sale
conditions. The only reason this is done, is to obtain lots cheaper than through the
auction, and is not allowed or to be encouraged.
PASSPORTS NOTES The Horse Passports (England) Regulations 2004 state that ‘after 28th February 2005 no person shall sell a horse without a passport’. All Horses and Ponies (except foals sold at foot which are under 6 months of age) entered at Brightwells Sales after February 28th 2005 must travel to the sales with their Passport. Passports must be surrendered to the Auctioneers on arrival at the sale site. If no passport is presented we will be unable to offer that entry and all entry fees will be forfeited. The authenticity and accuracy of each entry's passport is the sole responsibility of the vendors. Any inaccuracies that may occur must be dealt with between vendor and purchaser. It is the buyer’s responsibility to transfer the passport into their name within 30 days of the sale with the relevant Passport Issuing Organisation (PIO). IMPORTANT NOTICES Only horses entered in the Sale are allowed entry to the Sale Site. Any other horse or pony that is not catalogued will be charged a £20.00 per head “park up” fee. These horses and ponies must remain in their vehicles at all times, and are not to be offered for sale. The fee may be waived under special circumstances subject to prior arrangements at the Auctioneers discretion. Trading Standards Office (Local Authority) require that all ‘clipped out’ horses and ponies must be presented for sale rugged up with a suitable New Zealand or waterproof rug when they are standing in the open-air sale pens. In addition, no temporary covers to be erected over the sale pens by vendors. TRIAL RIDES Trial rides for any prospective purchaser may be offered at the vendor’s discretion, on the understanding that all risk and responsibility for any incidents or accident are at the risk of the trial rider and not with the vendor, vendor’s agent or the auctioneers. LORRY & CAR PARK Gates open at 8.00am. All persons attending this sale must follow the directions of Brightwells staff and park where instructed. All lorries and cars will have to park in the prescribed parking areas - we hope everyone will co-operate and follow the instructions of our staff. COMMISSION & BUYERS PREMIUM Horses & Ponies will be sold in Pounds (£) Sterling Vendors will be deducted 6% + VAT Commission from the Hammer Price. There will be a minimum commission of £20 +VAT. Purchasers will be charged 10% + VAT Buyers Premium on the Hammer Price. PURCHASER REGISTRATION AND PAYMENT TERMS Purchasers will be required to pre-register and obtain a buyer’s number. All Lots must be paid for prior to collection. Cheques will only be accepted from persons previously known to the Auctioneers, unless arrangements are made with Barclays Bank Business Centre, Hereford. Cash, within the fraud rules guidelines, and all major Debit (though not Credit) Cards are also accepted. ADDITIONAL CONDITIONS OF SALE H.M. CUSTOMS AND EXCISE RULES Would all vendors note that we (Brightwells Auctioneers) 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 and Excise requirement that this is the only tax invoice raised for those items. We must have your VAT registration number (where appropriate) together with your name and address for inclusion on any self-billing tax invoices raised by ourselves. You must notify us immediately if your VAT registration number is cancelled, or if you are issued with a new registration number. Any Vendor 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 Vendor who is unable to accept this system. Royal Institution of Chartered Surveyors Rules of Conduct 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.
Sale commences at 11:30am
Please Note: There will be no Tack & Saddlery Sale on this date.
A MESSAGE FOR ALL VENDORS WITH ENTRIES IN THIS SALE.
Brightwells Malvern & Leominster Horse & Pony Sales Facebook Page.
Please make use of our Facebook Page to further promote your entries in this
sale, by uploading any photos or videos of them onto our 2nd February
Leominster Sale Event Wall on the Brightwells Malvern & Leominster Horse &
Pony Sales Facebook page. When uploading, please ensure you post them on
the December Sale EVENT WALL to avoid any confusion as to which sale they
are entered in.
Where possible, this sale is predominately catalogued in
Height Descending Order.
Lot Vendor
The Property of Mrs E Mitchell
1 CARRIER, GREY GELDING, 4 YEARS, 16.3HH APPROX.
Sire: Cassuci by Cassini I
Dam: Carmen by Contender out of Felho
This young, well bred gelding was backed last autumn and hacked around,
when he showed himself to be good in traffic and not nappy. He was then the
turned away to further mature, and is only being offered for sale due to work
commitments. He has a lovely nature, has been well-handled and has no vices.
The Property of Mr P Ponting
2 ELUSIVE CLASSIC, BAY GELDING, 10 YEARS, 16.2HH APPROX.
Sire: Classic Cliché by Salse
Dam: Zander Cander by Oscar
Registered: Weatherbys
This well-made gelding, has previously raced over hurdles and fences, team
chased and has been hunting this season. He is now only being offered for sale
to make room for new horses and is a sound horse in every way. Further
information available via The Auctioneers.
The Property of Mrs N Morgan
3 FLEMBRANDT, BAY MARE, 8 YEARS, 16.2HH APPROX.
Sire: Flemensfirth (USA)
Dam: Lady Rembrandt (IRE) by Blueprint
Registered Weatherbys and 2017/18 Hunter Certificate Lodged.
This is an excellent opportunity to buy a well-produced, fit and ready to run
point-to-pointer whose Hunter Certificate is already lodged with Weatherbys.
This maiden mare, with placed form, is only here for sale today as we have run
out of money to continue with her training fees, and this is a totally genuine
sale of a genuine horse. She has previously run over hurdles as well as fences,
and has no vices, has had no wind operations, and has been ridden in all her
preparation and training work by her owner’s daughter. For further
information please contact The Auctioneers.
The Property of Mrs C Pearson
4 DARCY, GREY MARE, 9 YEARS, 16HH APPROX.
Sire: Gentle Diamond by Welcome Diamond
Dam: Laheen Dancer by Codebreaker out of Carolines Pride.
Registered: Irish Horse Register (IHR) and BSJA.
Darcy is a lovely grey, flashy mare who is nicely schooled. Snaffle mouthed at
all times, she is absolutely bombproof on the roads and in traffic, lives in or
out, is never sick or sorry is a lovely mare to have around, as well as being
good to clip, shoe, box and catch.
5 The Property of Hurst Farm
VAT SNOW TRAIN, BAY MARE, 8 YEARS, 16.1HH APPROX.
Sire; Rail Link
Dam: Weqaar (USA) by Red Ransom (USA)
Registered: Weatherbys
Covered by Yorgunnabelucky (USA), Last Service Date: 1st June 2017.
This fine, good looking mare has been covered and is believed to be in foal to
Yorgunnabelucky, a full brother to Shamadal USA) who’s young horses sold
up to £60,000.00 last year
6 COOL CHRON, BAY MARE, 19 YEARS, 16HH APPROX.
Sire: Polar Falcon
Dam: Lord Graney by Sallust
Registered: Weatherbys
Covered by Yorgunnabelucky (USA), Last Service Date: 10th May 2017.
A good looking, and winning mare by Polar Falcon who has already bred a
Black Type 2-year-old. She is covered and believed in foal to Yorgunnabelucky
(USA).
The Property of Mr D J Oseman
7 QUESTION MARC, BAY MARE, 8 YEARS, 15.2HH APPROX.
Sire: Kayf Tara (GB)
Dam: Non Stop Aims (GB) by Gunner B
Registered: Weatherbys (clean passport)
This homebred, well-made mare, with an excellent National Hunt pedigree, has
had one run in a point-to-point in 2017. She is by the UK’s leading based NH
sire and out of a good dam who is also very well related. This mare is a sensible
ride, has been seen to windsuck (which collar prevents), and will always retain
a high paddock value when her riding and competition days are over. A
genuine sale on behalf of her owner and breeder, who could well be suited as
a potential teenager or small adult’s competition ride.
8 The Property of Dr J Naylor
VAT UN-NAMED, BAY STALLION, 9 YEARS, 15.2HH APPROX.
Being Sold to Recover a Livery Debt.
This well-bred, un-registered thoroughbred is by the successful sire Desert
Prince (IRE) and out of a Cape Cross (IRE) mare. He is a kind, good looking,
entire horse who was started by Catherston Stud in the summer of 2016 and
then came into training later that year. Fit to race in summer 2017, but didn’t
run because the owner failed to register him with Weatherbys. He has been
schooled on the flat, but not jumped, is mannerly and has been turned out
alone, on a daily basis, alongside geldings. Had a soft-palate cautery operation
in spring 2017.
9 The Property of Wood Farm Stud
VAT UN-NAMED, BAY FILLY, YEARLING (2017).
Sire: Gentlewave by Monsun
Dam; Grey Clouds by Cloudings out of Khalsheva
Registered: Weatherbys
A nice, well-bred filly that has been well-handled since birth. She is out of a
multiple flat winning mare, who won over 1 mile 2 furlongs, whose older 4-
year-old National Hunt progeny is now broken and will go into training this
autumn, with the 3-year-old due to be broken in this spring. To add to her
appeal, she is also registered NH MOPS (National Hunt Mare Owners' Prize
Scheme).
10 The Property of Wood Farm Stud
VAT UN-NAMED, BAY FILLY, YEARLING (2017).
Sire: Cloudings by Sadlers Wells
Dam: Ribble (IRE) by Supreme Leader out of Aon Dochas
Registered: Weatherbys
This is our 2nd homebred yearling in today’s sale. With good blood, she is a
mannerly, filly that has been well-handled since birth. Out of an unraced mare
whose half-brother Thames, was a smart novice hurdler for Nicky Henderson,
that earnt a peak rating of 125 before injury curtailed his career. This filly’s full
sister won a maiden point-to-point, before being placed under rules in Ireland,
and has a real staying National Hunt pedigree with Sir Dante, Swingville and
Native Charm, being in the 3rd dam. The Pedigree is still current, as the useful
Colonial Dreams, who was very recently placed in his novice hurdle at Ludlow,
after winning his bumper by 26 lengths is out of a full sister to her dam Ribble.
As with our previous entry, this filly is registered NH MOPS (National Hunt
Mare Owners' Prize Scheme).
The Property of Mr M Grist
11 DUSTY, RED &WHITE SKEWBALD MARE, 10 YEARS, 14.3HH APPROX.
Traditional Gypsy Cob type, with nice clean bone and lots of feather. Recently
brought back into work, both riding and driving and is going very well both in
harness and under saddle, and with a bit more practice would suit any member
of the family. She is also easy to catch, shoe, load and good in traffic. A very
sensible solid type, who doesn’t pull at all and is ridden and driven in a happy-
mouth bit. She has bred some lovely foals over the last 5 years and is now
shod and ready to go on with.
The Property of Miss J Logan
12 GENAL MEG, LIVER CHESNUT MARE, 5 YEARS, 14.1HH APPROX.
Sire: Gwendraeth Dewinwr by Thorneyside The Real McCoy
Dam: Maesgrenig Megab by Cathael Idris out of Parc Telyneg
Registered: Welsh Pony & Cob Society (WPCS)
Meg is a quality, well bred mare with a white blaze and four white socks, who’ll
be a great future prospect in the show ring when under saddle. Well handled,
working on the lunge, she is lightly mouthed, backed inside and out of the
stable, and is now ready to be ridden away. Good with the farrier, to bath and
pull etc, Meg lives in or out with no problem and is vice free. Unspoilt in every
way, this is a genuine sale due to a change in circumstances.
The Property of Hurst Farm
13 WILLOW, LIVER CHESNUT 14 YEARS, 13.2HH APPROX
Registered: British Connemara Pony Society (BCPS)
Willow is a sweet pony, that has been used a broodmare, and has now been
backed, but is still green.
The Property of Mrs R Moroto
14 BILLY, GREY GELDING, 5 YEARS, 13.2HH APPROX.
Registered: Irish Horse Register
Billy is an Irish bred gelding who has attended Cotswold Pony Club rallies,
show jumped, has been cub hunting, been schooled by a professional rider
and ridden by different children. He is up to date with his vaccinations, is good
with dogs, children, heavy traffic, the farrier, to box, is easy to catch, and is
most certainly a pony with lots of potential.
Further/Late Entries for the Supplementary Catalogue will be
taken up until 9.00am on Thursday 1st February and can be
made by entering on-line at www.brightwells.com
The Property of Mrs R Moroto
15 PARKHILL JILL, BLACK MARE, 6 YEARS, 13.2HH APPROX.
Registered: Irish Horse Register
Jill is a lovely natured Irish bred mare, that has attended Pony Club rallies and
local shows, as well as being hacked out often in heavy traffic with a 9-year-
old girl. A quiet gentle ride, she is still lacking in confidence, when being
ridden away from other horses and can nap. Her wolf teeth were removed
before Christmas and her vaccinations are up to date. She is exceptionally
well-behaved, when being groomed, clipped, with the dentist and farrier, as
well as being good to box and with dogs and children. With her attitude and
nice straight paces, she will go far in the right hands.
The Property of Mrs S Rogers
16 OAKFIELD LOUISIANA, PIEBALD GELDING, 5 YEARS, 12.2HH APPROX
Sire: The Banker by Natwest
Dam: Splash out of Afan Whisper
A well-marked gelding, who was broken last autumn and then turned away
for the winter. He has seen; lane traffic, tractors, bicycles and dogs, and will
make a lovely pony.
The Property of Miss K Davies
17 WATSON NANCY, PALOMINO & WHITE MARE, 10 YEARS, 40” APPROX
Sire: Seva Chico by Seva Valentino
Dam: Blazefield Nina by Vorden Florison out of Seva Nesta
Registered: SPSBS
Nancy is a very pretty, fully registered Standard Shetland of show quality. She
would do very well in-hand or as an asset to any stud. Feet trimmed and
wormed up to date.
Lot numbers 18 – 23 represent a genuine, part-dispersal of
Sophia Penfold’s Ringkay Miniature Shetland Ponies, which are currently
undergoing a relocation. Sophia Penfold and Ringkay are 4th generation
Miniature Shetland Pony breeders who have an excellent reputation for
producing quality ponies and Champion Show Stock. These 6 registered
ponies have excellent bloodlines, have been well-handled and are closely
related to some top-class individuals.
The Property of Miss S Penfold
18 RINGKAY MR WHITE, BLUE & WHITE COLT, 4 YEARS, 32 ½” APPROX.
Sire: Ringkay Mozark by Khinjan Jester
Dam: Ringkay Hot Legs by Ringkay Action Man out of Ringkay Tara
Registered: SPSBS
Mr White would make an excellent driving pair, with his full brother Ringkay
Pinch who is offered as the following lot.
19 RINGKAY PINCH, BLUE & WHITE COLT, 3 YEARS, 32” APPROX.
Sire: Ringkay Mozark by Khinjan Jester
Dam: Ringkay Hot Legs by Ringkay Action Man out of Ringkay Tara
Registered: SPSBS
Pinch would make an excellent driving pair, with his full brother Ringkay Mr
White who is offered as the pre-ceding lot.
20 RINGKAY MY BOY LOLLY POP, PIEBALD COLT, 3 YEARS, 32 ½ “
Sire: Ringkay Mozark by Khinjan Jester
Dam: Ringkay Harrit by Ringkay Action Man out of Longmeadow Donna
Registered: SPSBS
The Property of Miss S Penfold
21 RINGKAY SIR HARRY, BAY & WHITE, COLT, 5 YEARS, 32” APPROX.
Sire: Ringkay Mozark by Khinjan Jester
Dam: Ringkay Royal Lady by Khinjan Jester out of Winchcombe Lipstick
Registered: SPSBS
22 RINGKAY NELSON MANDELA, PIEBALD COLT, 5 YEARS, 32 ½” APPROX
Sire: Ringkay Mozark by Khinjan Jester
Dam: Ringkay Sophie Choice hy Urswick Paddy out of Gilslandwells Elisha
Registered: SPSBS
23 RINGKAY MR YOUNG, PIEBALD COLT, 4 YEARS, 33” APPROX.
Sire: Ringkay Mozark by Khinjan Jester
Dam: Ringkay Co-Co Medemiselle by Khinjan Jester out of Romany Pansy
Registered: SPSBS
Further/Late Entries for the Supplementary Catalogue will be
taken up until 9.00am on Thursday 1st February, and can be
made by entering on-line at www.brightwells.com
**************************************
Wednesday 28th February
Leominster Rankin Club
The Corn Square Leominster HR6 8LR
Presents:
An Evening of Horse Racing with National Hunt Trainer
KIM BAILEY
Doors Open 7.00pm - Evening Commences 8.00pm
Tickets £10.00 to include Buffet Supper. Limited tickets available from:
Brightwells, Easters Court, Leominster, HR6 0DE, Tel 01568 611 166
**************************************
Loose Horse Policy.
In the event of a horse or pony becoming loose, then the following procedures
should try to be adhered to.
1. Ensure all gates are closed
2. Porters to move public away from the area where the horse is loose to avoid
accidents e.g. kicks or bites.
3. Porter or vendor (trained personnel) to secure the horse calmly and efficiently
using a bridle and lead rope. If the horse is wary approach slowly and with
caution and keep the rope etc hidden.
4. The horse should then be led to its original destination e.g. back to the stable,
pen or the sales ring.
All those attending this sale should be aware that horses are large, unpredictable
animals that may kick, bite or step on you.
Next Leominster Horse & Pony and Tack & Saddlery Sale
Friday 2nd March 2018
Entries Close Wednesday 21 st February
LEOMINSTER HORSE & PONY SALE AUCTION CONDITIONS OF SALE
All horses and ponies in this sale are subject to the following conditions of sale, and will be sold under
The Auctioneers General Conditions of Sale (which are available on request and are displayed in the
sales office on day of sale) Lots which are sold for a hammer price of £400 or less will be sold as they
stand; with all other questions of description and veterinary condition being entirely at the risk of the
Buyer.
1. ENTRY
(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 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 except foals sold at foot which
are under 6 months of age.
2. COMMISSION, BUYER’S PREMIUM & SELLING FEES
(1) The Seller will pay to the Auctioneer a commission of 6% of the hammer price of each Lot plus VAT.
There will be a minimum commission of £20 +VAT.
(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 Buyer will pay 10% + VAT buyer’s premium on the hammer price.
(8) Any private sale made on the day of sale must be booked through the Auctioneers.
(9) An inward Sales Sponsorship levy of 0.75% +VAT i.e. 90p in every £100 will automatically be
deducted from the hammer price of sold Lots.
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 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 a 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 Auctioneers 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 and the person who makes payment for the lot on the day of
Sale and whose name is entered on the receipted account. 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
Auctioneer’s 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 Buyer’s name
and address and provide any proof of identity that the Auctioneers 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 a 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.
5. PAYMENT
(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) The Buyer shall pay the Auctioneer in full for the price of the lot within 1 hour of the completion of
the sale. 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
£2,500 for all purchases made in this auction. Total cash payments to Brightwells Limited from any
customer cannot exceed a Sterling equivalent of EUR9,999 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 horse less Auctioneer’s commission and any other
outstanding charges and expenses due from the Seller to the Auctioneer within 14 days of the day of the
Sale, provided that:
(i) 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 been cleared; and
(ii) 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 Sale Day
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 the 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 the 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 authorizes 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) The Buyer may return lots to the Seller if the Buyer of any lot sold with a pedigree establishes that
the pedigree is inaccurate.
(2) Subject to Condition Eight, the Buyer may return Lots 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 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 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) Is a pacer/trotter, Standardbred horse
and if the horse has not been described as such in the catalogue or verbally by the Auctioneer at time
of sale.
8. VETERINARY PROCEDURE
All lots are sold subject to veterinary examination unless sold for £400 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 including VAT. 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 any 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 any 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 above or for any other reason orally by 5.00pm on the fourth 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 date of 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 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 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 cooperation 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
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 at 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.
BRIGHTWELLS LTDNOTES
Notes
01568 619777 | brightwells.comNot only are we Britain’s largest Equine
Auctioneers, but we also specialise in:
Property Antiques & Fine Art Classic Car
Tel: 01432 343800 Tel: 01568 611122 Tel: 01568 611122
Vehicles Equine Plant & Machinery
Tel: 01568 611325 Tel: 01568 619777 Tel: 01981 250642
Wine Agricultural & Livestock Leisure
Tel: 01568 611122 Tel: 01982 553614 Tel: 01568 611325
Easters Court, Leominster
Herefordshire, HR6 0DE 01568 619777 | brightwells.comYou can also read
