- Terms of Business for Thoroughbred Auctions
- Terms of Business for Sport & Leisure Horse Listings
- Terms of Business for Thoroughbred Listings
- Terms of Business for Property Listings
- Terms of Business & Conditions of Sale for Sporthorse Auctions
Terms of Business – Thoroughbred Auctions
MEMBER AGREEMENT of Horse Sales.ie (Crescent Horse Sales Ltd)
1. Introduction
1.1 This website http://www.horsesales.ie (the Site) is operated by Crescent Horse Sales Ltd, registration number 629839 at No.11 The Crescent, O’Connell St, Limerick, Ireland. In these terms and conditions, the expressions “we”, “us” and “our” are a reference to Crescent Horse Sales Ltd. References to “you” are to you where you have registered as a member (“Member”). Reference to “Lot” also applies as “Lots” where more than one horse is involved.
1.2 If you register to participate on this Site as a Member, you are agreeing to be bound by the terms and conditions contained in this “Member Agreement” and:
(a) the Horsesales Auction Website Terms and Conditions; and
(b) any other laws or regulations that apply to this Site, whenever you use the Services made available on the Site.
1.3 Please take time to read these terms and conditions and make sure you understand them. If you do not accept the terms and conditions of this Member Agreement you must refrain from using this Site. Your use of the Site as a Member is deemed to signify your acceptance of an agreement to be bound by the Member Agreement.
1.4 Crescent Horse Sales Ltd reserve the right to retract or withdraw any electronic notifications at its sole discretion as per our terms and conditions.
1.5 As part of the registration process we request suitable proof of identity.
2. Amendment
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon the same being made by us. Your continued use of the Site represents an agreement by you to be bound by the terms and conditions as amended.
YOUR MEMBERSHIP
3. Using the Site
3.1 We make the following services available to you through the Site (the “Services”):
a) listing horses (each a “Lot”) for Auction (in which case you will be deemed to be a “Vendor”);
b) viewing and bidding on Lot(s) (in which case you will be deemed to be a “Bidder”);
c) buying Lot(s) in the case where you are the Auction Winner (in which case you will be deemed to be a “Purchaser”); and
d) The listing of Horses under Syndications & Stallion Directory, whereby, we list Horses under Syndications for the purpose of buying or selling shares or Stallion Directory for Stud fees availability and comparisons of Stallions (Refer to Clause 41).
3.2 You must register your correct details with us to become a Member. Only a member may use the Services on this Site. Registration is free and does not obligate you to purchase anything.
4. Eligibility
4.1 Registration as a user of the Site (“Member”) is available only to individuals aged 18 years old and over, who are not an undischarged bankrupt. By using the Site, you warrant that you satisfy these conditions.
4.2 If you act on behalf of a company, trust, syndicate or group of persons, you acknowledge that you must register to use this Site in your own name and agree to be held personally liable in the event of any non-performance or breach of the terms and conditions of this Member Agreement.
4.3 If you breach any of these terms and conditions, we may (at our discretion) cancel or suspend your registration on a temporary or permanent basis (including all associated secondary and re-registered membership accounts) and/or claim damages against you (and you may be liable to pay damages to an aggrieved Vendor or Purchaser as applicable). Breaches may include, without limitation, where you:
a. do not pay for a Lot(s) and/or refuse delivery of a Lot(s);
b. give information that is untrue, misleading, inaccurate or incomplete; or
c. have engaged in any form of bid manipulation.
4.4 We reserve the right, acting in our sole discretion and without giving reason, to refuse, suspend or revoke any registration at any time.
5. Log On Details
5.1 Upon completion of your Registration you will be provided with Log On Details (Member Name and Password). You must not share your Log On Details with any third party and must ensure that you log off from the Site after each use. You agree to notify us immediately if you become aware or have reasonable grounds to believe that your Username or Password has been compromised.
5.2 You understand that you will be held liable for any action taken by any person who has accessed the Site using your Log On Details, as if you had undertaken those actions yourself, including but not limited to any bids placed on the Site.
6. Your Conduct
6.1 While using the Services or any information made available on this Site, you warrant that you will:
a) abide by the terms and conditions of this Member Agreement;
b) not use the Site for illegal purposes, including without limitation, posting to the Site information encouraging conduct that would constitute a criminal offence;
c) not engage in any collusive practices, manipulate the price of, or bidding on, any Lot(s) or interfere with other Members’ listings (including submitting non-genuine bids on your own, or other Member’s listings);
d) not use the Site to engage in misleading or deceptive conduct, including on-line marketing practices and not provide false or misleading information to us or any third party;
e) not use any feature of the Site to send unsolicited commercial emails to Members of the Site, whether individually or as a group;
f) not copy, translate, reproduce, communicate to the public, adapt, vary or modify anything on the Site without our prior written consent;
g) not use anything on the Site for or in connection with any business or enterprise (whether for profit or otherwise) that is in competition with our business;
h) not post to the Site or otherwise propagate material of any kind that contains computer worms, viruses or other types of malicious or harmful programs;
i) not take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure;
j) not damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to us or do anything that compromises the security of the Site; and
k) not use the Site in relation to the actual or proposed sale or transportation of any illegal or prohibited goods.
7. Contacting other Members
7.1 Prior to the Close of Auction: While you may contact Vendors directly for the purposes of conducting such reasonable enquiries as you see fit prior to bidding on any Lot(s), you agree that you will not contact a Vendor for the purposes of purchasing any Lot(s) from any Vendor directly (and not through the Site). Any offers to purchase the Lot(s) must be submitted as bids confirmed and completed directly through the Site.
7.2 After the Close of Auction: If you are the Auction Winner, you may submit a request to the Vendor to contact them directly. You agree, however, that you will not contact a Vendor for the purposes of completing the sale of the Lot(s) outside the Site. All offers on Passed In Lots must be through Crescent Horse Sales Ltd.
7.3 We reserve the right to terminate or suspend your Registration if we suspect that you are not complying with clauses 7.1 and 7.2.
8. Feedback
8.1 You acknowledge that we may in the future operate a Member feedback system on the Site upon which Members of the Site may post comments, compliments, criticisms and other observations regarding Bidders, Purchasers or Vendors. You agree that we are not responsible for any content appearing on the feedback pages of the Site and that you will not:
a) post any comments that are dishonest, unlawful, harmful, unfair, unreasonable or cannot be substantiated;
b) impersonate any other person when posting material to the Site;
c) post or transmit any material on the Site which is offensive, defamatory, obscene, unlawful, vulgar, harmful,
threatening, abusive, harassing or otherwise reasonably objectionable; or
d) disrupt the flow of dialogue or otherwise act in a manner which negatively effects other Members of the Site.
8.2 We reserve the right to remove or refuse to post any information and/or materials (in whole or in part) that we, in our sole and absolute discretion, regard to be in breach of these terms and conditions, or in violation of any applicable law, without notice to you.
8.3 You acknowledge and agree that any information or material submitted by you to the Site for inclusion in the Member feedback system is, and will be treated by us as, non-confidential and non-proprietary and that we may use such material without restriction (without your claim to any copyright), including but not limited to for the purposes of advertising our business.
AUCTION TIMETABLE
9. Auction Timetable
9.1 The Vendor has the right to choose to auction his/her Lot at three (3), five (5), seven (7) or ten (10) day periods. All Lots are sold in GMT hours and commence on a Monday (excluding bank holidays) to finish no later than 9pm. A Lot uploaded to the site over the weekend or after standard working hours will only be activated once the information listed is validated by our validation team on the next working day.
BIDDING AND PURCHASING LOT(S)
10. Before you Bid
10.1 You must be a registered Member of this Site to bid on any Lot(s).
10.2 Please take care when making a bid on the Site, as once your Bid is placed, it cannot be withdrawn.
10.3 All Lot(s) listed on this Site are sold in their present condition, subject to all faults, imperfections or other vices being declared in advance by the Vendor, production of valid veterinary certificate and relevant documentation.
10.4 When placing a bid on any Lot(s), you agree that you:
a) must rely solely on your own enquiries and investigations;
b) have been given reasonable opportunity to inspect any Lot(s) listed prior to bidding.
c) have not relied on any statement or representation made by us.
d) are not entitled, under any circumstances, for compensation for any faults, imperfections or other defects arising in the Lot(s) before or after sale, whether clearly visible or not.
e) When an Auto Bid has been placed on any Lot(s) then it is the member’s responsibility to check they are indeed the highest bidder. The first highest bid placed will always be accepted by us as the winning bid based on the official bidding records for each Lot(s).
10.5 We do not:
a) make any warranty or representation, express, implied or inferred, relating to the quality, standard or suitability of any Lot(s) listed on this Site;
b) endorse or recommend any Vendor;
c) have any obligation to prequalify or validate the accuracy or currency of any representations made by any Vendor or third party about any Lot(s) offered for Auction through the Site.
10.6 Where necessary and prior to bidding, we strongly recommend that you obtain independent professional advice that is specifically tailored to your particular circumstances including but not limited to veterinary, financial and legal advice. In particular, if you are considering placing a bid on Lot(s) that are listed as pregnant broodmare(s) on this Site, it is recommended that you make contact with any applicable stallion owners/managers/stud masters to ensure that a Live Foal Guarantee (LFG) or free return is applicable to the stallion service for the mare in question and whether it can be transferred on sale.
11. Bidding
11.1 You may only make bids on the Site on behalf of yourself or on behalf of a Company, Trust, Syndicate or group of persons where you have been duly authorised to do so. You acknowledge, however, that you will be held personally liable for any bids placed on the Site accessed via your Log-On Details, regardless of whether that bid was placed on behalf of a Company, Trust, Syndicate or group of persons. All bids are in Euros only.
11.2 Bids will be visible on the Site and will be automatically updated as bids occur.
11.3 The increments by which bids will increase are set out below: You may also bid a higher amount in excess of the minimum bidding increment.
Price at time of placing the Bid: Minimum Bidding Increment
€1000.00 – €2000.00 is €100 increments
€2,000.00 – €19,750.00 is €250.00 increments
€20,000.00 – €99,500.00 is €500.00 increments
€100,000.00 – €499,000.00 is €1,000.00 increments
11.4 All bids are made on a VAT exclusive basis and will be subject to VAT where the Vendor is registered for VAT.
11.5 You will be able to bid on advertised Lot(s) until the second prior to the advertised closing date and time of the Auction. No bids will be accepted after this time.
11.6 Under Irish Law a Vendor may bid for any Lot which they have listed.
11.7 Without limiting any other conditions within this Member Agreement you must not:
a) bid on any Lot(s) on the Site, unless you have the financial ability to pay the full bid price for each Lot(s) (including any applicable VAT amounts); and
b) place a false bid, hinder another Bidder, or in any way intentionally disrupt an Auction.
11.8 We may refuse to accept any bid that, in our opinion, is not in the best interests of the Vendor.
11.9 In the event of a disputed bid, then we shall be the sole arbitrator and our decision is final.
12. Passing In
12.1 The Vendor has the option to set a Reserve for their Lot. Where the Vendor has set a Reserve Price, if the highest bid does not meet this Reserve Price at the Close of Auction, the Lot(s) shall be said to have been passed in from Auction (“Passed In”).
12.2 Should a Lot(s) be Passed In, the Lot(s) will be made available for auction for a further 10 days at no extra cost to the Vendor. If after this period the Lot(s) have not sold, the Vendor may list again the Lot(s) at the normal listing price.
13. Purchasing Horses
13.1 Subject to any Reserve Price set by the Vendor, at the Close of Auction, the Lot(s) will be deemed to be sold to the highest Bidder (“Purchaser” or “Auction Winner”) and the highest bid (as well as, any applicable VAT) will be said to be the “Purchase Price”.
13.2 At the Close of Auction the Purchaser:
a) subject to clause 14 (Scoping) or (Blood Test), will be deemed to have entered into an unconditional contract for sale of the Horse;
b) will not have a cooling-off period;
c) must pay the amount specified in the Auction listing immediately upon completion of satisfactory veterinary certificate and/or Blood test (or upon the Satisfaction of Conditions, as defined in Clause 15);
d) must execute and provide all such documents as the Vendor or we require (acting reasonably);
13.3 In the event that there is any interference with the operation of any Auction, any decision we make as to the Auction Winner will be final and binding on all parties.
13.4 Once a Lot(s) is sold under Auction conditions no further negotiations will be conducted by Crescent Horse Sales Ltd.
14. Special Conditions
14.1 In the case of a Lot(s) being purchased and that Lot(s) is a Race Horse, Unraced or a Yearling, Lots are not deemed to be yearlings until the 1st July in the year following the Lot’s year of birth, a Purchaser may elect at Close of Auction, that the Sale is conditional upon the completion of a satisfactory upper respiratory laryngoscopic evaluation (Scope) of the Lot(s) and/or Blood Test prior to completion of purchase. Such election must be made by the Purchaser at the time of Close of Auction by electing if he/she wishes to have the lot subjected to such a veterinary examination and/or blood test through an automated email generated to the Purchaser by Crescent Horse Sales Ltd. The Purchaser shall have forty-eight (48) hours from Close of Auction to complete such scope subject to the following conditions:
14.2 Any scope must:
a) be completed by a suitably qualified veterinarian;
b) be arranged by the Purchaser; and
c) take place at a location mutually agreed between the Purchaser and the Vendor (or in the case where the parties cannot agree, at the property in which the Lot resided at the Close of Auction.
14.3 The Purchaser shall be liable for any costs associated with the scoping of the Lots, including any veterinarian fees, as agreed between the parties.
14.4 For the avoidance of doubt, for veterinary examination purposes or otherwise any Lot will be deemed to be a foal up until 30th June in the year following it’s year of birth.
14.5 Vendors are required to provide a health certificate in respect of any foal which is entered for auction as a Lot with Crescent Horse Sales Ltd. It is for the purchaser to inspect and satisfy oneself in respect of all lots which are defined as foals. Foals are not subject to post sale veterinary examinations. A successful purchaser may elect to have a blood sample taken from a foal at close of auction.
14.6 All blood tests must be sent to James Gibbons, Irish Equine Centre, Johnstown, Naas, Co. Kildare with a copy of the results sent to Crescent Horse Sales Ltd at diarmuid@horsesales.ie
14.7 If:
a) If The Vendor refuses to make the Lot available to the Purchaser for taking of blood sample for testing and/or scoping or in the case of a foal a blood test, the sale can be immediately cancelled at the discretion of the Purchaser or
b) The Purchaser does not complete the Scope and/or Blood Test within forty-eight (48) hours of the Close of Auction, the Purchaser will be taken to have waived the condition that a scope be completed and the sale will be deemed to be unconditional.
14.8 Should any Lot return an unsatisfactory scope (as identified by the qualified veterinarian who conducted the scope or blood test in a written report in accordance with Clause 14.8), subject to Clause 14.8 the Purchaser will be given the option of cancelling the sale
14.9 If a veterinary surgeon is of the opinion that the horse has any of the following conditions:
a) Laryuneal neuropathy (grossly deficient abductor function of one or both arytenoid cartilages, grades 4 and 5
Lane Bain Fallon Proceedings 1993);
b) Rostral displacement of the palatopharyngeal arch;
c) Epiglottic entrapment;
d) Persistent dorsal displacement of the soft palate;
e) Arytenoid chodritis or arytenoid chondropathy;
f) Sub Epyglottic Cyst(s);
g) Cleft Palate; or
h) Any airway lesion causing significant airway obstruction resulting in exercise intolerance and this/these have not been disclosed prior to the horse being offered then the Purchaser may cancel the sale in accordance with Clause 14.5.
14.10 Should the Lot return a satisfactory scope, (as identified by the qualified veterinarian who conducted the scope in accordance with Clause 14.8), the sale will be deemed to be unconditional and the Purchaser will have no right to cancel the Sale (unless otherwise stated in this Member Agreement).
14.11 Windsuckers and Wobblers and Box Walkers.
If the Vendor fails to make the disclosure required in Clause 24.4(d) ii, iii. and that Lot(s) proves to be a windsucker or wobbler or Box Walker within 7 days of the sale then subject to the Purchaser producing at his expense written evidence, signed by a veterinary surgeon certifying that the Lot(s) is a windsucker or wobbler or Box Walker, Crescent Horse Sales Ltd will provide to Purchaser and Vendor copies of any warranties/ declarations made by Vendor regarding the health of the Lot prior to Closure of sale. This will be the end of Crescent Horse Sales Ltd involvement and it will accept no responsibility as it is not the stakeholder of the purchase funds. It will be the purchaser’s responsibility to pursue the Vendor directly in order to cancel the sale. Any legal proceedings necessitated in this process is matter for the vendor and purchaser.
15. Satisfaction of Conditions of Sale
The sale of any Lot(s) shall become unconditional:
a) if the Purchaser has not elected that the sale is conditional upon successful completion of a scope, at the Close of Auction;
b) if the Purchaser has elected that the sale is conditional upon successful completion of a scope either:
i. upon the confirmation of a successful scope or blood test in accordance with clause 14 (which must be within forty-eight (48) hours of the Close of Auction);
ii. if the Purchaser fails to undertake a scope or blood test in accordance with clause 14, on the conclusion of the forty eighth (48th) hour from Close of Auction.
16. Payment
16.1 Any amounts payable under the Auction must be paid in accordance with the terms and conditions of this Member Agreement.
16.2 There is 1% commission exclusive of VAT charged to the Purchaser and Vendor in the Republic of Ireland and/or Overseas. The Purchaser shall pay the Vendor the full purchase price immediately after satisfactory completion of a scope and/or blood test.
16.3 Crescent Horse Sales Ltd will liaise with both parties upon successful completion of a Lot(s) to facilitate a successful sale but hold no responsibility whatsoever for the transfer of monies between Purchaser and Vendor.
16.4 If Crescent Horse Sales Ltd are requested to facilitate the organisation of transport and/or associated arrangements on behalf of the Purchaser, there will be an administration charge of €200 plus VAT to the Purchaser
17. Settlement
17.1 The sale of any Lot(s) to the Purchaser will not be finalised until the Purchase Price has been paid in full by the Purchaser to the Vendor in accordance with Clause 19.
17.2 If the Purchaser has requested a Blood Sample, settlement to the Vendor will be postponed pending the result of the blood sample. This may take up to 5 working days. The sale may be cancelled at the absolute discretion of the Crescent Horse Sales Ltd where blood sample taken from the said lot contains either (a) non steroidal anti-inflammatory drugs or their metabolites or (b) exogenous anabolic steroids, (proscribed drugs).
18. Payment Methods – Purchasers
18.1 The following payment methods are accepted:
a) Cash Deposit/Bank Transfer into Crescent Horse Sales Ltd’s bank account;
b) Credit/Debit Card (Visa, MasterCard).
c) Transactions processed through the Site.
18.2 A 2% surcharge will apply to all credit/debit card transactions however no surcharge will apply to payments made by cash deposit or using internet banking.
a) In accordance with Privacy Legislation all credit cards details taken over the phone will be immediately destroyed once processed.
19. Risk
From the moment of a final & successful winning bid, sole risk and responsibility for the Lot(s) shall be borne by the Vendor until payment is received and collection of the Lot(s) by the Purchaser.
SELLING LOT(S)
20. Appointment
20.1 By listing any Lot(s) on this Site you are authorising Crescent Horse Sales Ltd to act as your exclusive agent to list and sell the Lot(s) on consignment at Auction and, in the case where a Lot(s) is Passed In and subsequently sold through Crescent Horse Sales Ltd.
20.2 The appointment under clause 20.1 shall commence from the date that a Lot(s) is submitted by the Vendor to us for listing on the Site to the date when all obligations of either party in respect of the listing of the Lot(s) on the Site have been discharged, unless earlier terminated in accordance with the terms of this Member Agreement.
21. Exclusivity
You understand that by listing any Lot(s) for sale on the Site, you are restricted from listing that Lot(s) for sale elsewhere until the Close of Auction.
22. Warranties
When listing horses as a Vendor, you warrant that:
a) you are the legal owner of the Lot(s) or are legally authorised to list the Lot(s) for Auction;
b) you have good title to the Horse, can sell the horse free of any encumbrances and the Purchaser will obtain quiet possession on completion of the Purchaser’s obligations under this Member Agreement;
c) the Lot(s) is not affected by drugs and is of sound health; and
d) the description and other information in respect of the Lot(s) listed in advertisements and on this Site are true and correct in all respects.
23. Listing Lot(s) for Auction
23.1 Crescent Horse Sales Ltd always reserves the right to accept, decline or withdraw a listing at its discretion.
23.2 You must be a registered Member to list any Lot(s) for sale on this Site.
23.3 You must fill out all fields when listing a Lot(s) for Auction on the Site.
23.4 All information provided by you to us at any time must be true, correct and constitute a full disclosure of all matters that a Purchaser would reasonably require to form an accurate opinion of each Lot, including but not limited to information on whether the Lot(s):
a) is a stallion, colt or a cryptorchid (rig);
b) is pregnant (including details of Live Foal Guarantee); if listing a pregnant mare, it is recommended that a certificate from a registered veterinarian dated no more than two (2) weeks prior to the date of the Close of Auction, be provided confirming the mare has tested positive to a pregnancy test.
NB: On purchase or pick up if a horse is found not to be in foal than purchase may be cancelled.
c) has a foal at foot;
d) has any health conditions including but not limited to:
i. impaired vision;
ii. a wobbler or box walker, has string halt, or other substantial tendon, muscle or neurological damage;
iii. windsucker;
iv. is a roarer or suffers from any known Respiratory Problems;
v. suffers from laminitis;
vi. any bone fractures or chips;
vii. any other conditions affecting racing soundness;
viii. the horse is suffering, or has in the past suffered from, founder, colic surgery or laminitis;
ix. the horse having been fired and/or de-nerved.
x. the horse having undergone any form of surgical procedure, including but not limited to surgery
on joints, respiratory tract or abdominal surgery);
xi. has any history of any previous health conditions.
e) has been treated with any medication, including any steroid, sedative or pain suppressant;
f) requires any ongoing veterinary treatment;
g) is currently or has been previously subject to any bans, embargoes or other restriction (for bleeding, barrier behaviour or any other reasons) imposed by any horse racing authority.
23.5 Lot(s) must be sold with all engagements, if any.
23.6 You agree that you are solely responsible for listing any Lot(s) on the Site and indemnify us in the event that there is any error, omission or inaccuracy in the listing for any Lot(s).
23.7 All listings submitted on the Site are subject to approval by us. We reserve the right to review any Auction prior to listing to ensure compliance with the Member Agreement and shall have no obligation to list any Lot(s) which we consider are in breach of this Member Agreement.
23.8 Setting A Reserve: If you would like to make the sale of the Lot(s) subject to a Reserve, you must indicate the amount of the Reserve Price at the time of listing the Lot(s). If you do not set a Reserve Price then the Lot(s) shall be deemed sold at the highest bid at the Close of Auction. You may not enter a Reserve once the Auction for the Lot (s) has begun.
23.9 When listing a Lot(s) you agree that during the final countdown to Close of Auction we will not modify Reserves.
a) Reserves cannot be removed once the Auction has begun
b) Once a Reserve for your Lot(s) has been met, no changes can be made.
c) If a Lot is “Passed In” a New Reserve can be given by the Vendor for the next auction of that particular Lot for a period lasting no longer than 10 days and which is at no cost to the Vendor
d) Once the Auction has commenced no changes to Lot(s) are permitted.
24. Listing Fee
a. You agree that a listing fee in the amount set out below (“Listing Fee”) shall apply to any Lot(s) listed on the Site and that, without exception, no Lot(s) shall be listed until such Listing Fee has been paid by the Vendor to us in full.
Any listing fee once submitted is not refundable. Listing Fee quoted is based on the Auction Country the horse appears in.
Listing Fee (excluding VAT): €250
b. The following payment methods for Vendors are accepted:
I. Cash Deposit/Bank Transfer into Crescent Horse Sales Ltd’s bank account
II. EFT into Crescent Horse Sales Ltd’s bank account
III. Credit/ Debit Card (Visa, MasterCard) transactions processed though the Site or over the phone.
c. A 2% surcharge will apply to all credit/debit card transactions however no surcharge will apply to payments made by cash deposit or using internet banking (In accordance with Privacy Legislation all credit cards details taken over the phone will be immediately destroyed once processed).
d. Listing Fee deposits into Crescent Horse Sales Ltd’s Bank Account should be made to:
Account Name: Crescent Horse Sales Ltd
Bank: AIB
Address: O’Connell St, Limerick, Ireland
IBAN: IE50AIBK93547616135016
BIC: AIBKIED2D
25. Documentation
1. Upon listing a Lot(s) for Auction, the Vendor must:
upload to the Site:
i. evidence of the discharge of any security interest(s) or encumbrance(s) over the Lot(s), or a signed statement from the Vendor warranting that there are no security interest(s) or encumbrance(s) over the Lot(s);
ii. and any other documents or veterinary reports referred to in the description of the Lot(s), or reasonably necessary for a Purchaser to arrive at an informed opinion of the Lot(s) prior to bidding.
iii. Scanned Copy of the first page and vaccination’s page of the Lot’s Passport. Copy of vaccinations page is only required for horses that have ran. For the avoidance of doubt it is not required for foals, yearlings, unbroken flat yearlings or unbroken National Hunt store horses. 2. Should the Vendor fail to provide the documents (or if such documents are not fully completed) required under clause 25.1 prior to the commencement of any Auction, we may (at our sole discretion) withdraw the affected Lot(s) from Auction, or withhold from the Vendor Settlement of the sale until such appropriate documents have been delivered to us.
26. Date of Listing
Clauses 22, 24 and 25 must be satisfied in full by any prospective Vendor, prior to the Lot(s) being accepted for Auction on the Site, unless otherwise agreed by us. Photographs or videos must be of a quality deemed by us as accurate and of a quality that is to our satisfaction and quality standards.
27. Appointment of Power Of Attorney
1. Each Vendor irrevocably appoints the Director and officer of Crescent Horse Sales Ltd as their true and lawful attorney with full power to do all such things, to take all such action, to sign and execute all such documents (including but not limited to Passports), and to give such instructions as may be necessary or in our opinion desirable for the purpose of enabling us to give full effect to this Member Agreement and hereby agrees to ratify and affirm anything done by us as such attorney.
2. In Particular the purchaser authorises us under the power of attorney to enter into on our behalf or the purchaser’s behalf a binding contract with the vendor, the terms of which will include details of the Lot(s), the purchase price and the due date for payment. A copy of the contract will be provided after the completion of the sale.
28. Making the Lot(s) available for Inspection
It is recommended that Vendors allow Purchasers to conduct reasonable inspections of the Lot(s) prior to the Close of Auction, including but not limited to visual inspections and veterinary examinations (including X-rays, scopes, blood testing. Any arrangements for inspection of the Lot(s) must be arranged between the Purchaser and the Vendor directly and communicated through us.
29. Withdrawing from an Auction
29.1 No Lot(s) may be removed from the Auction after listing on the Site, unless a certificate, signed by a qualified veterinary is produced, evidencing injury to, or the death of; the Lot(s) is presented prior to the Lot(s) being withdrawn from the Auction.
29.2 Under no circumstances can a Vendor withdrawn a Lot(s) from the final countdown to Close of Auction period.
29.3 Crescent Horse Sales Ltd may withdraw a Lot(s) from sale at any time, for any reason.
30. Commission (Republic of Ireland)
30.1 There is 1% commission exclusive of VAT charged to the Vendor and Purchaser subject to clause 30.2.
30.2 If Crescent Horse Sales Ltd are requested to carry out other arrangements post sale on behalf of either the Vendor or Purchaser then an administration charge of €200 plus VAT will be chargeable
30.3 Commission (Non-Republic of Ireland)
30.4 If Crescent Horse Sales Ltd are requested to carry out other arrangements post sale on behalf of either the Vendor or Purchaser on overseas sales, an administration charge of €500 plus VAT will be chargeable
31. Payment upon Settlement and Delivery
31.1 The Purchaser will pay to the Vendor the Purchase Price within five (5) business days of the following occurring:
a. Settlement (please ref to clauses 17, 22 & 25)
In the event of a Purchaser electing to have a blood test obtained from Lot post closure of sale, settlement will be made upon receipt of confirmation that Lot has not returned a positive test substance(s) as referenced in condition 17.2.
In the event the Purchaser makes a complaint following settlement being made to the vendor, Crescent Horse Sales Ltd no longer maintains any responsibility for the lot and it is a matter for the Purchaser to pursue the vendor directly. Crescent Horse Sales Ltd will make available to either purchaser and/or vendor any documents pertaining to the health of the Lot including but not restricted to warranties given by vendor with regard to the horse at time of entering Lot for sale.
b. Crescent Horse Sales Ltd reserves the right to deduct any outstanding monies from a vendor or affiliated entities out of any Lot(s) that is sold. These funds can be dispersed at the discretion of Crescent Horse Sales Ltd if money is outstanding from any Auction.
31.2 In circumstances where the Purchaser fails to pay the Purchase Price, you acknowledge that we shall have no liability to make any payment to the Vendor in circumstances where we are unable to recover the Purchase Price from the Purchaser.
DELIVERY
32. Delivery
32.1 The Purchaser shall, in the absence of other arrangements with the Vendor:
a. be responsible for arranging transport and
b. take delivery of the Lot(s) within 48 hours after the completion of the final countdown to Close of Auction following full settlement of the purchase price and successful veterinary test unless Purchaser has requested a blood test wherein settlement or otherwise of proceeds of sale to Vendor will be delayed until results of blood test is known. Thereinafter it will be for purchaser to arrange collection of Lot from Vendor.
32.2 The Vendor shall co-operate with the Purchaser to allow the collection and the transport of any Lot(s) duly purchased through the Site.
32.3 The Vendor agrees to keep, feed and maintain the Lot(s), to the standard at which the Lot(s) was advertised at Auction, up to the Close of Auction and after the completion of a successful Auction:
a. at no charge to the Purchaser, for a period of five (5) days from the Close of Auction or such reasonable time as may be required to fulfil blood testing requirement if it is requested by Purchaser; and
b. where taking delivery of the horse is delayed beyond the timeframes set out in previous conditions of sale herein, solely by the acts or omissions of the Purchaser, vendor may at his/her discretion charge the purchaser at the rate of €100.00 plus VAT per day.
32.4 The Vendor must not release the Lot(s) to the Purchaser until the full Purchase Price and/or all other monies has been paid by the Purchaser. The Vendor assumes sole responsibility for the collection of any monies from the Purchaser.
GOODS AND SERVICES TAX
33. VAT
33.1 Words or expressions used in this Clause 33 in relation to the Law in Ireland have the meanings given to them under Taxation Law in Ireland.
33.2 All bids made on this Site are made exclusive of VAT. Where the Vendor of a Lot is registered for VAT (“VAT Supplier”) and the Lot is sold, an amount equal to any VAT payable by the VAT Supplier in relation to that supply (“VAT Amount”) will be added to the Purchase Price and shall become due and payable by the Purchaser (“VAT Recipient”). We shall be entitled to rely on all representations made by a Vendor regarding their VAT status, and Purchasers are advised to make their own enquiries as to VAT exemption requirements.
33.3 VAT is also applicable on all Services provided by us through this site, in which case we shall be the “VAT Supplier” and the Vendor shall be the “VAT Recipient” and all Commission payments shall be deemed to be “VAT Amounts”.
33.4 The VAT Amount must be paid at the same time and in the same manner as making payment of any monetary consideration on which the VAT is calculated.
33.5 The VAT Recipient’s obligation to pay the VAT Amount is conditional upon receipt of a tax invoice that complies with the relevant law. We shall, on behalf of the VAT Supplier must do all other things reasonably requested by the VAT Recipient to enable the VAT Recipient to obtain any input tax credit to which it is entitled.
33.6 If an Adjustment Event occurs in respect of a Taxable Supply described in this Clause 33, an adjustment must be made to any amount paid pursuant to this Clause 33. In such circumstances we shall issue, on behalf of the VAT Supplier an adjustment note for the Adjustment Event.
33.7 Any reference in the calculation of Consideration, or of any indemnity, reimbursement or similar amount, to a cost, expense or other liability incurred by a Party, must exclude the amount of any Input Tax Credit entitlement of that Party in relation to the relevant cost, expense or other liability.
LIABILITY, INDEMNITY, RELEASE AND EXCLUSIONS
34. Liability
To the extent permitted by law the aggregate of our liability to you is limited to an amount not exceeding €1,000.00 (one thousand). Under no circumstances shall we be liable for any indirect or consequential losses.
We provide no advice nor do we conduct any due diligence concerning any Lot for sale on this site other than validating that the documentation given to us by the Vendor is true and accurate as confirmed by the Vendor at the time of auction.
35. Indemnity
You agree to indemnify us and hold us harmless for and against all expenses, costs, liabilities, claims, actions, proceedings, damages, judgments and losses of any kind whatsoever (including consequential and economic losses, property loss/damage and damages for injury, including personal injury and death) incurred or suffered by us arising out of, caused by, attributable to or resulting from:
a. any act or omission by you;
b. your negligence; or
c. your non-compliance with this Member Agreement.
36. Release
To the extent permitted by the law, you agree to release, us and our current and former officers, employees and agents from all liabilities, claims, actions, proceedings, damages, judgments and losses of any kind whatsoever (including consequential and economic losses, property loss/damage and damages for injury, including personal injury and death) which you may incur or suffer arising out of, caused by, attributable to or resulting from:
a. us performing any obligation or enforcing any right under the Member Agreement;
b. the act or omission of any Vendor, Bidder, Purchaser or third party Member of the Site; and
c. the provision of the Services by us.
37. Exclusions
37.1 To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are excluded under this Member Agreement.
37.2 Despite the above, nothing contained in this Member Agreement excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Irish Consumer Laws or any international consumer protection legislation, provided that, to the extent that such law permits us to limit our liability, then our liability is limited to supplying the Services again or payment of the cost of having the Services supplied again.
DISPUTES
38. Disputes
38.1 Both Vendor and Purchaser agree that any dispute arising between them must be treated confidentially and may not be publicised in any way, shape or form including but not limited to electronic media e.g. Facebook, twitter or the like.
38.2 In the event of any dispute arising prior to Settlement, the aggrieved party shall contact us immediately in which case Crescent Horse Sales Ltd will be appointed as the arbitrator of the dispute.
38.3 Crescent Horse Sales Ltd have a Dispute Committee which will determine a dispute and all parties agree to provide us with such evidence as we may reasonably require in order to settle the dispute. We may settle any dispute in such a manner as we see fit (acting reasonably).
38.4 Any decision reached by us in relation to the dispute, acting in our sole discretion shall be final and binding on all parties. Settlement may include, but is not limited to:
a) upholding the terms of the Auction;
b) seeking from, or awarding damages to, either the Vendor or the Purchaser;
c) re-offering the Lot(s) for sale;
d) In the event of any dispute arising after Settlement, such dispute must be resolved between the Vendor and Purchaser directly (and between those parties only).
39. Failure to Pay
39.1 Full payment of the Purchase Price must be made by the Purchaser immediately upon the Close of Auction or Satisfaction of Conditions (as applicable).
40. Syndications & Stallion Directory: Crescent Horse Sales Ltd provides these services to listing parties, we are not responsible for errors or omissions in listings what so ever, all listings are the sole responsibility of the horse’s owner, syndicator or stud master. Questions, searches and financial arrangements are made directly though the listing party and are not the function or responsibility of Crescent Horse Sales Ltd Fees for listing on Syndications or the Stallion Directory.
GENERAL
41. Personal Information and intellectual property
41.1 You consent and authorise us to:
a. Collect and use your personal information as defined under GDPR regulations Article 8 2018 for the provision of the Services;
b. disclose your personal information to Vendors in the event that you are the Auction Winner of any Auction;
c. disclose your Personal Information to a Purchaser in the event that your Lot(s) sells at Auction;
d. unless otherwise advised, we may use your personal information for promotional, marketing, publicity, research and profiling purposes including publishing your full name and stud name (if applicable), along with the Purchase Price of any Lot(s) on the Site or such other places as we reasonably determine.
e. Disclosing the reserve price, disclaim, discussing the price. Crescent Horse Sales Ltd on all occasions may disclose the price it sold for at auction or after auction at any time unless otherwise advised
f. All materials provided to us may (as part of our commercial business practices) form part of our copyright materials and you (as a member) agree to this use, providing us with a perpetual irrevocable licence to use all materials from you, for our commercial business needs.
42. Force Majeure
We are not responsible for any loss arising out of any occurrences or conditions beyond our control, including but not limited to any flood, war, terrorism, earthquake, act of god, general strike or any other event or thing outside either party’s control including any change in itinerary or schedule which precludes us from performing our obligations under the Member Agreement.
43. Survival
Any indemnity or any obligation of confidence under the Member Agreement is independent and survives termination of the Member Agreement. Any other term by its nature intended to survive termination of the Member Agreement survives termination of the Member Agreement.
44. Severability
Part or all of any clause of this Member Agreement that is illegal or unenforceable will be severed and the remaining terms and conditions will continue in force.
45. Waiver
A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.
46. Governing Law
These Member Agreement are governed by the laws applicable in the Republic of Ireland all parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that state and country.
TERMS OF BUSINESS – Sport Horses
General Terms & Conditions in respect of Membership and Advertising with Crescent Horse Sales Ltd for the advertising of Sport Horses in a listing capacity
Issue Date: 11th of April 2019
These Terms & Conditions together with our other legal policies govern your use of the horsesales.ie website and your membership or advertising account with Crescent Horse Sales Ltd and your relationship with Crescent Horse Sales Limited (“the Company”, “we” or “us”) as the proprietor and promoter of the horsesales.ie. Please read them carefully as they affect your rights and liabilities under the law. If you have any questions on the Terms & Conditions or our other legal policies, please contact us. By visiting the horsesales.ie site and again each time you do so, you agree you are accepting these terms and conditions and our other legal policies and any amendments thereof from time to time.
1. Horsesales.ie
1.1 Horsesales.ie is a web portal based scheme initiated and currently operated by Crescent Horse Sales Ltd as a platform primarily for the advertising for sale of horses and ponies.
1.2 As a prospective seller of horses and ponies you may apply to be registered to participate by way of posting advertising data on the horsesales.ie Site in any of the following capacities:
(1) Member
(2) Non member advertiser (“advertiser”)
(3) Such other forms or categories of use or participation as we may from time to time determine and prescribe.
1.3 The principal characteristics and incidents of each type of participation including inter alia details re permitted duration of display of advertisements, charges etc shall be as displayed on the Horsesales.ie Site and may be reviewed from time to time. Each type of participation shall be subject to strict compliance by the participant with the Horsesales.ie Code of Conduct and these Terms and Conditions and our other legal policies, as may be revised from time to time.
2. Registration as a Member of the Horsesales.ie
and/or to use the Site
2.1 No application by you for registration as a member, advertiser or otherwise will be deemed to be accepted by us unless and until we formally accept your application in writing. Acceptance is at our sole discretion and may be refused by us.
2.2 To be registered to participate in the Site you must:-
2.2.1 be over eighteen years of age in the case of an individual, or in the case of a partnership or other grouping of individuals, be each over eighteen years of age, and have full legal full capacity to enter into and comply with these Terms & Conditions;
2.2.2 in the case of a body corporate be duly incorporated and of good standing in the country of incorporation, and have full capacity to enter into and comply with these Terms & Conditions;
2.2.3 have duly completed the prescribed application for registration or renewal of registration as appropriate and made payment of the prescribed fee and the application must have been duly accepted by us;
2.2.4 provide us with and at all times maintain a valid working e/mail address at your business location or principal private residence as registered for the time being with us.
2.3 You irrevocably authorise us to contact you and communicate with you and to forward such information or documentation as we may deem fit or require to you at your email address or other addresses provided by you; if more than one address is provided, we may use any one or more of the addresses at our sole discretion. Where the registered member/advertiser comprises more than one person you agree that the notice and sending of information by us to any one person shall be deemed to constitute the sending of notice and information to all persons comprising the member or advertiser as the case may be.
2.4 You must ensure that the data provided by you on registration or at any time and as shown or recorded by us is correct up to date and complete.
2.5 You must inform us in writing immediately of any changes to any information that you provided when registering or at any time to ensure that any information remains accurate and up-to-date.
2.6 All data must be supplied by you in such format and in accordance with such specifications as we may advise (or vary) from time to time.
3. Password & Security
3.1 When you register to use horsesales.ie Site you may be assigned a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting us immediately.
3.2 If we have reason to believe that there is likely to be a breach of security or misuse of the Site, we may require you to change your password or we may suspend your membership of and/or advertising account with Crescent Horse Sales Ltd and your access to the horsesales.ie Site.
4. Application of Terms and Conditions and Code
4.1 The Horsesales.ie Site is provided to you for use by you, as a registered participant, for advertising horses and ponies for sale is subject to these Terms & Conditions and the Crescent Horse Sales Ltd Code and our other legal policies from time to time as shown on the horsesales.ie Site or otherwise notified to you.
4.2 By applying for registration as a participant and again by using the Site and on each occasion you access or use the Site in any capacity you agree to be bound by these Terms & Conditions, the Crescent Horse Sales Ltd Code of Conduct and our other legal policies from time to time.
4.3 As a condition of participation with the horsesales.ie Site you agree in particular at all times to comply with and be bound by the Crescent Horse Sales Ltd Code of Conduct.
4.4 Amendments
We may update revise add to or otherwise change these Terms & Conditions and the Code of Conduct and our other legal policies from time to time for legal or regulatory reasons or commercial reasons or to allow the proper or improved operation of the horsesales.ie Site for or such other purpose or reason as we may at our absolute discretion deem appropriate. Any such changes shall be posted on the horsesales.ie Site or may be notified to you by such other means as we deem fit. The changes will apply to the use of the horsesales.ie Site from such date or dates as we may indicate or in default of indication will apply from the date of posting thereon on the Horsesales.ie Site. If you do not wish to accept the new Terms & Conditions or other legal policies you should not continue to use the horsesales.ie Site. If you continue to use the horsesales.ie Site after the date on which the change comes into effect, your use of the horsesales.ie Site indicates your agreement to be bound by the Terms & Conditions and other legal policies as so changed.
5. Operation of the Horsesales.ie Site
5.1 The object of the Horsesales.ie Site is to provide an internet display service for displaying details of horse or ponies offered for sale by members or other advertisers or for advertising such other services or displaying such information as we may at our absolute discretion decide from time to time.
5.2 We will on request advise you from time to time of the normal anticipated time periods for display or updating of data from time to time submitted and input by you for the Horsesales.ie Site. We may at our absolute discretion require a delay of display for pre-screening, review, editing or other purposes without any obligation on us so to pre-screen review or edit.
5.3 We may change from time to time the specification and format in which you may be required to provide your data; we shall notify you where practicable in advance of any such change.
5.4 It shall be your obligation to directly receive collect and deal with all visitor user enquiries arising from the display of your advertising data on the horsesales.ie Site. You will ensure and procure that as far as within your power that all enquiries and requests for information in respect of horses advertised by you on the horsesales.ie Site are directed to you and not to the Crescent Horse Sales Ltd. We will not nor should we be obliged to forward details of any user enquiry received by us.
5.5 Subject to the terms hereof we will provide access for you to vary or remove your data during such hours as we may from time to time advise. Your data will be displayed on the horsesales.ie for such period or periods as we may from time to time stipulate or determine in accordance with our charging or other display policies as may be notified from time to time to you or shown on the horsesales.ie.
5.6 It shall at all times be your sole responsibility to review for accuracy your data displayed on the horsesales.ie Site and insofar as may be permitted by law we accept no responsibility and shall have no obligation or liability to edit verify or review your data; provided we may at any time at our absolute discretion edit amend or remove your data. We may at any time change the layout, format,
appearance, functionality, tabbing and sequence of display of your data. We shall endeavour to notify you, and in advance where we deem it practical and appropriate, of any such editing, amendment, removal or change or alteration.
5.7 Although we may from time to time have requirements (in addition to any pursuant to the other terms hereof) advice or recommendations in respect of content format location and presentation of your data on the horsesales.ie Site we shall not be thereby deemed to have or incur any liability or to make any representation or warranty or to have any expertise whether in respect of website content design or display formatting marketing and sale or otherwise, save as may be mandatorily implied by applicable law.
5.8 Although we aim to offer you the best service possible, we make no promise that the services at the horsesales.ie Site will meet your requirements. We cannot guarantee that the services will be fault-free. If a fault occurs with the horsesales.ie Site you should report it to us at our contact details as shown on the horsesales.ie Site and we will attempt to correct the fault as soon as we reasonably can.
5.9 Your access to the horsesales.ie Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
5.10 The format layout presentation aims and purposes of the horsesales.ie Site will be kept under review by us and may be altered by us in whole or part from time to time as we may in our absolute discretion decide; you accept and acknowledge that no representation is made my us that the horsesales.ie Site will be maintained or operated in any particular way or with any particular content format design layout purpose or functionality.
6. Your Use of the Horsesales.ie Site
6.1 You agree not to use the horsesales.ie Site for any of the following purposes:-
6.1.1 disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
6.1.2 transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;
6.1.3 interfering with any other person’s use or enjoyment of the horsesales.ie Site;
6.1.4 making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner;
6.1.5 for the advertising or promotion of anything other than horses or ponies solely owned by you or in respect of which you have irrevocable authority in respect of the advertising and sale thereof in accordance with the material supplied by you for publication on the horsesales.ie Site;
6.1.6 for any purpose other than the bona fide offering for sale of horses and ponies in accordance with the material furnished by you for input for and publication on the horsesales.ie Site;
6.1.7 for inputting or disseminating any material which may be in breach of any law or code applicable to advertising and sale whether those laws or codes and standards apply exclusively or non-exclusively to advertising or sale of horses or ponies or goods or services generally;
6.1.8 for any purpose or in any manner which may be in breach of the Crescent Horse Sales Ltd Code of Conduct;
6.1.9 in breach of any intellectual property or third party right or entitlement of any kind;
6.1.10 in any manner which may render us liable to any claim of loss or damage whatsoever;
6.1.11 for transmission or use or dissemination of any material which is misleading, out of date or inaccurate;
6.1.12 for inputting transmission or use of material which may or would if incorporated in a contract of sale of the horse or pony to which it refers give rise to or constitute a material breach of any condition therein implied by any applicable law;
6.1.13 for input use or dissemination of any material which contains any software or programme which may adversely or without relevant consents affect damage or disable in any way our or any third party hardware or software or other information technology resources or property or which may collect;
6.1.14 without our express written consent for input use or dissemination of any material which includes any software or programme which collects or records data about us any user accessing the Horsesales.ie Site or any other third party.
6.2 YOU AGREE, CONFIRM, REPRESENT AND WARRANT:-
6.2.1 that you are aware accept and acknowledge Crescent Horse Sales Ltd makes no warranty, representation or endorsement or shall have any liability or responsibility in respect of the horsesales.ie Site or any aspect thereof or any matter or material relating thereto or the contents members subscribers users or advertisers thereof and we are sole proprietors of the Crescent horse Sales Ltd and the horsesales.ie Site;
6.2.2 that you are aware and acknowledge that no representation or warranty is or has been made by Crescent Horse Sales Ltd that it will continue as our parent company, and that our ownership and control may at any time be transferred to third parties;
6.2.3 that you are aware and acknowledge that no representation or warranty has been made that the control or ownership of Crescent Horse Sales Ltd and the horsesales.ie Site shall remain with us and that ownership and control may at any time be assigned of and disposed of by us to a third party;
6.2.4 that all material provided by you for use in dissemination or display on the Horsesales.ie Site will at all times be kept up to date, accurate and comprehensive and you will comply with all laws applicable to advertising, sale and marketing whether generally, or specifically in respect of horses and ponies;
6.2.5 that you will comply fully with your obligations under the Data Protection Acts 2018 and data protection legislation from time to time in force in respect of any data which we may supply to you or which may be obtained by you pursuant to your membership or use of the Horsesales.ie Site or advertising of horses thereon or any transactions entered into subsequent to and pursuant to advertising of any horses thereon;
6.2.6 that you will ensure that all data supplied by you in connection with the Crescent Horse Sales Ltd or the Horsesales.ie Site complies with the Data Protection Acts 2018;
6.2.7 that all data supplied by you and when appearing or published or disseminated on the Horsesales.ie Site will not breach any contract or infringe any copyright or other intellectual property rights or third party rights of any kind;
6.2.8 that you acknowledge and are aware that we make no representation as to the proposed duration of the Crescent Horse Sales Ltd or the Horsesales.ie Site or as to the maintenance of either in their current or any other form;
6.2.9 that all data relating to you or any horses or ponies offered for sale by you and all other material displayed on the Horsesales.ie Site is fully up to date comprehensive and accurate in all respects and not such as may be likely to deceive or mislead any person and to advise us in writing in accordance with our requirements of any changes required to rectify any error or deficiency therein.
6.3 You agree to indemnify us in respect of all claims, losses, costs, demands, damages, expenses or liabilities whatsoever arising out of or in connection with any breach of these Terms & Conditions or any of our other legal policies by you or relating to any data or other material which may be published displayed or disseminated by us on the Horsesales.ie Website on your behalf or at your request or pursuant to data supplied by you.
7. Horsesales.ie Logos, Intellectual Property
7.1 You agree that you will not, and you agree to ensure and procure that all third parties within your reasonable power and procurement will not, use any of the Horsesales.ie Logos, make any reference to Crescent Horse Sales Ltd or the Horsesales.ie Site in any advertising, promotional, website or other material or manner except strictly in accordance with our prior written consent and such terms and conditions (in addition to the terms and conditions hereof, and the Crescent Horse Sales Ltd Code of Conduct), as we may from time to time require, whether by specific notification to you or by way of such more generally applicable terms and conditions as my be displayed by us on the Horsesales.ie Site or otherwise published.
7.2 The content of the Horsesales.ie Site is protected by copyright, trademarks, database rights and other intellectual property rights. You may retrieve and display the content of the Horsesales.ie Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Horsesales.ie Site without written permission from us.
8. Your data and Intellectual Property Consents
8.1 Without limiting any implied consent which you may be deemed to give or have given by becoming a member of or advertiser with the Crescent Horse Sales Ltd you (a) hereby consent to and grant and (b) agree to furnish all such further necessary and appropriate authorisations, consents and approvals as may be (and in addition to any specific consents, licences and approvals herein contained and other than those required under Data Protection legislation) reasonably required by us to ensure the full and unhindered use by us for all purposes in connection with Crescent Horse Sales Ltd all data obtained by or submitted to us by you or on your behalf.
8.2 YOU HEREBY LICENCE us by way of non-exclusive licence for all purposes in connection with the Crescent Horse Sales Ltd as we may in good faith determine from time to time to the extent of any copyright or other intellectual property rights you may hold all such data and material referred to in the foregoing subparagraph for use for any one or more of the Crescent Horse Sales Ltd purposes, or the purposes of the Horsesales.ie Site as determined or required from time to time in good faith by us.
8.3 YOU HEREBY WAIVE AND DISCHARGE to the extent lawful any right of confidentiality or any similar right of privacy that may apply which might otherwise restrict the proper use by us of any such data, materials or information in the foregoing subparagraphs for the Crescent Horse Sales Ltd purposes, or the purposes of the Horsesales.ie Site, as determined in good faith from time to time by us.
8.4 YOU AGREE AND CONSENT to the use and transfer to us for use and processing by us without obligation at our sole discretion for the Crescent Horse Sales Ltd purposes, or the purposes of the Horsesales.ie Site, as determined in good faith from time to time by us of information relating to you or any horses or ponies owned or indicated by you as being for sale by
9. The Company’s Right to Suspend or Cancel
9.1 We may suspend or cancel your registration membership and/or your access to the Horsesales.ie Site immediately at our absolute discretion or if, in our opinion, you breach any of your obligations under these Terms & Conditions or any of our legal policies or if any data input or sought to be input by you may be likely to cause you to be in breach any of those obligations.
9.2 You may cancel your registration or membership as member or advertiser of Crescent Horse Sales Ltd or the Horsesales.ie Site at any time by informing us in writing. If you do so, you must stop using the Horsesales.ie Site.
9.3 The suspension or cancellation of your registration and your right to use the Horsesales.ie Site shall not affect either party’s accrued rights, entitlements or obligations.
9.4 We may at any time suspend whether temporarily or indefinitely or terminate the Crescent Horse Sales Ltd and the Horsesales.ie Site.
10. Disclaimer, Indemnity
10.1 You agree to indemnify us on demand against all losses damages costs expenses liability claims or proceedings which we may at any time incur suffer or be subject to arising out of or in connection
with or caused by any breach by you(including without limiting the foregoing any act omission or circumstance giving rise to your being deemed to be in breach) of these terms and conditions or the Crescent Horse Sales Ltd Code of Conduct or any of our legal policies from time to time or otherwise arising or pursuant to your use of the Horsesales.ie Site or data created or submitted by you for use on the Horsesales.ie Site.
10.2 Without limiting the foregoing you agree to indemnify us on demand against all losses damages costs expenses liability claims or proceedings which we may at any time incur suffer or be subject to arising out of or in connection with or caused by any breach or alleged(by any third party) breach by you(including without limiting the foregoing any act omission or circumstance giving rise to your being deemed or claimed (by any third party) to be in breach) of any duty liability or obligation to any third party or of any third party right or entitlement arising out of or in respect of or otherwise in connection with any material or data supplied to us by you or on your behalf or created or displayed by us at your request or with your acquiescence or otherwise input or submitted by you or on your behalf on or in connection with Crescent Horse Sales Ltd or the Horsesales.ie Site or in connection with any dealings you may at any time have with any third parties in respect of any matter or circumstance relating in any way to or data at any time displayed on the Crescent Horse Sales Ltd or the Horsesales.ie Site.
10.3 The Horsesales.ie Site provides content from other Internet sites or resources and while we may at our discretion try to ensure that material included on the Horsesales.ie Site is correct, reputable and of high quality, we do not make any warranties or guarantees in relation to that content. If we are informed of any inaccuracies in the material on the Horsesales.ie Site we will attempt to correct the inaccuracies as soon as we reasonably can.
10.4 Except in respect of any liability we may have or limited under any applicable laws we shall not be liable to you for any breach of contract, duty or for any reason in connection with the use or operation of Crescent Horse Sales Ltd or the Horsesales.ie Site or any data from time to time displayed thereon or related thereto for loss of profit, indirect, special or consequential loss, damage, cost or expenses or compensation whatsoever which you may suffer or incur or which you may be liable for to any third party.
10.5 The provisions of this clause shall not limit our liability for death or personal injury except to the maximum extent permitted by applicable law.
10.6 To the extent permitted by law the you hereby acknowledge, agree and confirm that we shall not have any liability or responsibility in respect of any error or omission in connection with the use, processing displaying or publication of any data or other material supplied by you or any loss or damage thereby incurred by any person; provided that upon being made aware of any error we shall procure the making good of such error as soon as practically possible and insofar as is within our reasonable power.
10.7 The benefit of this clause shall be deemed to be for our benefit and also severally to the maximum extent permitted by law for Crescent Horse Sales Ltd and for each of our and their officers and employees, and for such other person or persons as we may at any time nominate in writing, as if each of them were party hereto.
11. Third Party Websites
11.1 As a convenience to customers, the Horsesales.ie Site includes links to other websites or material which are beyond its control. The Company is not responsible for content on any site outside the Horsesales.ie Site.
11.2 You may not link to our Website without our prior specific written consent and upon such terms and conditions as we may require. We reserve the right to withdraw any linking permission so granted without notice.
12. Advertising & Sponsorship
12.1 The Horsesales.ie Site may contain third party advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Horsesales.ie Site complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
13. Applicable Law, Complaints, Dispute Resolution
13.1 These Terms & Conditions will be subject to the laws of Ireland and you irrevocably submit to the non-exclusive jurisdiction to the Courts of Ireland.
13.2 In the event that you have at any time a complaint, dispute, or grievance with us against us in relation to any matter arising out of or in connection with this Horsesales.ie Site you agree in the first instance before seeking any judicial or other remedy (but without prejudicing your right of access thereto) to furnish full and comprehensive details (including such further details and information as may be reasonably requested by us)of the complaint dispute grievance or claim to the CEO of Crescent Horse Sales Ltd for investigation and if he shall deem fit to make a recommendation for resolution thereof. Any such recommendation shall not bind you or us, or be admissible against either you or us in any legal proceedings, unless you and we agree in writing to accept the recommendation.
14. International Use
14.1 We make no promise or representation that materials on the Horsesales.ie Site are appropriate or available for use in or advertising or display to locations outside Ireland, and for accessing the Horsesales.ie Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside Ireland, you do so on your own initiative and are responsible for compliance with local laws.
14.2 If you choose to use the Horsesales.ie Site for advertising to persons and locations outside Ireland, you must ensure that you comply with all relevant local laws.
15. Termination
15.1 We may at any time terminate our contract (and your membership of the Crescent Horse Sales Ltd) with you by notice to you. In the event of termination we shall not be obliged to refund any charges on subscriptions or advertising fees paid by you save and in accordance with such
repayment policy (if any) as we may from time to time determine or save to the extent of that restriction of any such liability to repay would be unlawful.
15.2 You may at any time terminate your contract (and membership) with us by notice in writing to us at the contact details provided by us from time to time on the Horsesales.ie Website. Upon termination you shall not be entitled to repayment of all or part of any subscription or advertising fees or charges paid by you save as we may from time to time at our discretion determine and save to the extent that any exclusion of repayment may be unlawful.
16. Miscellaneous
16.1 You may not transfer your membership of Crescent Horse Sales Ltd or any of your rights under these Terms & Conditions or any of our legal policies to any other person. We may transfer our rights under these Terms & Conditions and any of our other legal policies to any other person as we may deem fit and to another business where we reasonably believe your rights will not be affected.
16.2 If you breach these Terms & Conditions or any of our other legal policies and we chooses to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms & Conditions and any of our other legal policies.
16.3 We shall not be responsible for any breach of these Terms & Conditions or any of our other legal policies caused by circumstances beyond our reasonable control.
16.4 The Horsesales.ie Site is owned and operated by Crescent Horse Sales Ltd, 11 The Crescent, O’Connell St, Limerick.
16.5 If you have any queries please contact us at our contact address as shown from time to time on the Horsesales.ie Site.
18. Payment
18.1 Payment by you of membership, subscription and advertising fees shall be made in accordance with such provision for payment and rates and charges as we may from time to time determine and publish on the Horsesales.ie Site.
18.2 Interest shall accrue on any sums due and unpaid by you hereunder at the rate per centum per day which shall exceed by 0.001 per centum the rate of interest for the time being chargeable under Section 1080 of the Taxes Consolidation Act 1999 (or such other rate of interest as may from time to time be chargeable upon arrears of tax which rate of interest shall be duly adjusted if necessary for expression as a rate per day) or 10% per centum per annum whichever rate is greater when calculated on a per annum basis.
19. Interpretation
In these Terms and Conditions, the following terms shall be deemed to have the following meanings:-
“the Company”, “we”, “us”, “our” and expressions of a similar nature mean and refer to Crescent Horse Sales Limited.
“Horsesales.ie Site” means the website https://www.horsesales.ie/.
“participant” means a person who has applied for and been duly accepted in accordance with the terms hereof to be a registered member featured seller or advertiser with Crescent Horse Sales Ltd.
“Crescent Horse Sales Ltd” means the scheme for advertising Irish horses and ponies by way of a Portal known as https://www.horsesales.ie/
“data” includes any type of data, information or material in any form or medium.
“legal policies” means the within Terms and Conditions, the Crescent Horse Sales Ltd Code of Conduct, the general terms of access to the Horsesales.ie Site any Privacy Statement or Policy and any other terms and conditions stated to be applicable to use or access to the Horsesales.ie Site or governing the terms of advertising thereon as may be displayed by us from time to time on the Horsesales.ie Site or otherwise notified to you.
“Crescent Horse Sales Ltd Code of Conduct” means the Code of Conduct governing membership of the Crescent Horse Sales Ltd as displayed from time to time on the Horsesales.ie Site or otherwise published by us.
“Horse Sales.ie Logos” means the name “Crescent Horse Sales Ltd” and any representations or variations thereof or any reference to Crescent Horse Sales Ltd or the Horsesales.ie Site or any domain names, web addresses, trademarks, service marks, business names or goodwill related thereto.
General Terms & Conditions of Access to Website Portal https://www.horsesales.ie/
These Terms & Conditions together with our other legal policies enforcement at the time govern your access to the Crescent Horse Sales Ltd website https://www.horsesales.ie/ (“the Horsesales.ie Site”) and your relationship with Crescent Horse Sales Limited as the proprietor and promoter of the Crescent Horse Sales Ltd (“the Company”, “we” or “us”). Please read them carefully as they affect your rights and liabilities under the law. If you have any questions on the Terms & Conditions or on any of our legal policies, please contact us. By visiting the Horsesales.ie Site and on each occasion you visit the Horsesales.ie Site you are accepting these terms and conditions and our other legal policies as amended from time to time.
Crescent Horse Sales Ltd
Horsesales.ie is a web portal initiated and currently operated by Crescent Horse Sales Ltd as a platform for the advertising for sale of horses and ponies.
Other than the provision and maintenance of this Website, Crescent Horse Sales Ltd does not have any input into the content of advertising in the Horsesales.ie Site and does not verify the content of the statements made therein.
The content of advertising in the Website is at all times the sole responsibility of the seller/advertiser who has input the content and we do not accept responsibility for any errors, omissions or inaccuracies in the same nor do we warrant or represent any of the content of the
Horsesales.ie Site is accurate, fair or complete in relation to the horses or ponies illustrated or referred to therein.
In relation to any horse or pony or other product or service advertised for sale or otherwise on the Horsesales.ie Site, you agree to inspect, examine and assess the horse, product or service which you may wish to purchase and satisfy yourself as to its description and suitability.
We have not and shall not be deemed by you to have verified or investigated or in any way to guarantee or endorse the accuracy of any statement, covenants or representations made by any person in respect of any horse or pony advertised on the Horsesales.ie Site or otherwise.
Application of Terms and Conditions and Code
The Horsesales.ie Site is provided to you for use by you subject to these terms & conditions, the terms and conditions in respect of Crescent Horse Sales Ltd membership and advertising, the Crescent Horse Sales Ltd Code and our other legal policies from time to time as shown on the Horsesales.ie Site or otherwise notified to you.
By accessing the Horsesales.ie Site in any capacity and on each occasion that you do so, you agree to be bound by these Terms & Conditions and our other legal policies from time to time.
Amendments, Faults
We may update revise add to or otherwise change these Terms & Conditions and the Code and our other legal policies from time to time for legal or regulatory reasons or commercial reasons or to allow the proper or improved operation of the Horsesales.ie Site for or such other purpose or reason as we may at our absolute discretion deem appropriate. Any such changes shall be posted on the Horsesales.ie Site or may be notified to you by such other means as we deem fit. The changes will apply to the use of the Horsesales.ie Site from such date or dates as we may indicate or in default from the date of posting thereon on the Horsesales.ie Site. If you do not wish to accept the new Terms & Conditions or our other legal policies you should not continue to use the Horsesales.ie Site. If you continue to use the Horsesales.ie Site after the date on which the change comes into effect, your use of the Horsesales.ie Site indicates your agreement to be bound by the Terms & Conditions and other legal policies as so changed.
We make no promise that the services at the Horsesales.ie Site will meet your requirements. We cannot guarantee that the services will be fault-free. If a fault occurs with the Horsesales.ie Site you should report it to us at our contact details as shown on the Horsesales.ie Site and we will attempt to correct the fault as soon as we reasonably can.
Your access to the Horsesales.ie Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
Enquiries re Horses/Ponies and Products and Services Advertised
If you have any enquiry in relation to any horse, pony or other product or service advertised on the Horsesales.ie Site, you must make contact directly with the relevant person so advertising at the
contact details provided by that person on their advertisement. We do not and will not pass on to advertisers any requests for information or enquiries.
You agree that you will comply fully with your obligations under the Data Protection Act 2018 and data protection legislation from time to time in force in respect of any data which we may supply to you or which may be obtained by you pursuant to your use of the Horsesales.ie Site.
You agree that you will ensure that all data supplied by you in connection with the Crescent Horse Sales Ltd or the Horsesales.ie Site complies with the Data Protection Acts 2018.
Disclaimers, Indemnities
The Horsesales.ie Site provides content from other Internet sites or resources and while we may at our discretion try to ensure that material included on the Horsesales.ie Site is correct, reputable and of high quality, we do not make any warranties or guarantees in relation to that content. If we are informed of any inaccuracies in the material on the Horsesales.ie Site we will attempt to correct the inaccuracies as soon as we reasonably can.
We provide a service to subscribing members of the Crescent Horse Sales Ltd and advertisers of displaying advertisements in respect of horses, ponies and other products and services. We do not and cannot be taken as endorsing or guaranteeing the suitability of or make any representation whatsoever in relation to the persons who are purporting to advertise horses, ponies or other products or services for sale or in relation to the horses, ponies, products or services that they offer for sale. In particular, we do not make any warranty or representation in relation to compliance by any persons being members of the Crescent Horse Sales Ltd with our legal policies and in particular we do not make any representations in respect of compliance by any such persons with any matters referred to in the Crescent Horse Sales Ltd Code of Conduct. If you decide to purchase any horse, pony, good or service from any such advertiser, you agree to at your discretion and it shall be your responsibility to make appropriate enquires as to the compliance by any such Seller with our legal policies including inter alia with the Crescent Horse Sales Ltd Code of Conduct and at your discretion to include any term or condition as you deem fit in relation to such compliance in any contract you may enter into with any such person.
Crescent Horse Sales Ltd DISCLAIMER
You are aware accept and acknowledge that Crescent Horse Sales Ltd shall not have any liability or responsibility in respect of the Crescent Horse Sales Ltd or the Horsesales.ie Site or any aspect thereof or any matter or material relating thereto or the contents members subscribers users or advertisers thereof and we are sole proprietors of the Crescent Horse Sales Ltd and the Horsesales.ie Site and operate the Crescent Horse Sales Ltd and the Horsesales.ie Site on our own behalf.
You agree to indemnify us on demand against all losses damages costs expenses liability claims or proceedings which we may at any time incur suffer or be subject to arising out of or in connection with or caused by any breach by you (including without limiting the foregoing any act omission or circumstance giving rise to your being deemed to be in breach) of these terms and conditions or any of our legal policies from time to time or otherwise arising or pursuant to your use of the Horsesales.ie Site.
Without limiting the foregoing you agree to indemnify us on demand against all losses damages costs expenses liability claims or proceedings which we may at any time incur suffer or be subject to arising out of or in connection with or caused by any breach or alleged (by any third party) breach by you (including without limiting the foregoing any act omission or circumstance giving rise to your being deemed or claimed (by any third party) to be in breach) of any duty liability or obligation to any third party or of any third party right or entitlement arising out of or in respect of or otherwise in connection with your accessing or other use of the Crescent Horse Sales Ltd or the Horsesales.ie Site or in connection with any dealings you may at any time have with Sellers or other third parties in respect of any matter or circumstance relating in any way to Crescent Horse Sales Ltd or the Horsesales.ie Site or any transaction relating to any horse, pony or any service at any time advertised or displayed on the Horsesales.ie Site.
Except in respect of any liability we may have which is prohibited to be excluded or limited under any applicable laws we shall not be liable to you for any breach of contract, duty or any reason in connection with the use or operation of Crescent Horse Sales Ltd or the Horsesales.ie Site or any data from time to time, displayed thereon or related thereto for loss of profit or any direct or indirect special consequential loss, damage, cost, expenses or compensation whatsoever which you may suffer or incur or which you may be liable for to any third party.
These terms and conditions shall not limit our liability for death or personal injury except for the maximum extent permitted by applicable law.
The benefit of this clause shall be deemed to be for our benefit and also severally to the maximum extent permitted by law for Crescent Horse Sales Ltd and for each of our and their officers and employees, and to such other person or persons as we may at any time nominate in writing, as if each of them were party hereto
Third Party Websites
As a convenience to customers, the Horsesales.ie Site includes links to other websites or material which are beyond its control. The Company is not responsible for content on any site outside the Horsesales.ie Site.
You may not link to our Website without our prior specific written consent and upon such terms and conditions as we may require. We reserve the right to withdraw any linking permission so granted without notice.
Applicable Law, Complaints, Dispute Resolution
These Terms & Conditions will be subject to the laws of Ireland and you irrevocably submit to the non-exclusive jurisdiction to the Courts of Ireland.
In the event that you have at any time a complaint dispute grievance with us or claim against us in relation to any matter arising out of or in connection with the Horsesales.ie Site you agree in the first instance before seeking any judicial or other remedy (without prejudicing your right of access to the Courts) to furnish full and comprehensive details (including such further details and information as may be reasonably requested by us)of the complaint dispute grievance or claim to the Chairman for the time being of our parent company, Crescent Horse Sales Ltd for investigation to enable him if
he shall deem fit to make a recommendation for resolution thereof. Any such recommendation shall not bind you or us, or be admissible against either you or us in any legal proceedings, unless you and we agree in writing to accept the recommendation.
International Use
We make no promise or representation that materials on the Horsesales.ie Site are appropriate or available for use in or advertising or display to locations outside Ireland, and accessing the Horsesales.ie Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside Ireland, you do so on your own initiative and are responsible for compliance with local laws.
The Horsesales.ie Site is owned and operated by Crescent Horse Sales Ltd, 11 The Crescent, O’Connell St, Limerick.
If you have any queries please contact us at our contact address as shown from time to time on the Horsesales.ie Site.
Interpretation
In these Terms and Conditions, the following terms shall be deemed to have the following meanings:-
“participant” means a person who has applied for and been duly accepted in accordance with the terms hereof to be a registered member featured seller or advertiser with Crescent Horse Sales Ltd.
“Crescent Horse Sales Ltd” means the scheme for advertising horses and ponies by way of a Portal known as https://www.horsesales.ie/.
“data” includes any form of data, information or material in any form or medium.
“legal policies” means any terms and conditions applicable in respect of members and advertises on the Crescent Horse Sales Ltd Code of Conduct or general terms of access to the Horsesales.ie Site and Privacy Policy any other terms and conditions intended by us to apply to and govern the use or access of the Horsesales.ie Site and terms of advertising carried out thereon as may be displayed by us from time to time on the Horsesales.ie Site or otherwise notified to you.
“Crescent Horse Sales Ltd Code of Practice” means the Code of Practice governing membership of the Crescent Horse Sales Ltd as displayed from time to time on the Horsesales.ie Site or otherwise published by us.
“horsesales.ie logos” means the name “Crescent Horse Sales Ltd” and any representations thereof or any reference to Crescent Horse Sales Ltd or the Horsesales.ie Site or any domain names, web addresses, trademarks, service marks, business names or goodwill related thereto
Seller Code of Conduct
© 2019 Horsesales.ie
Members of Horsesales.ie will observe the following code of conduct.
Members who are found in breach of this code will be excluded from being a Member.
Members commit to the following:
- That the Member has no previous convictions for fraud or animal welfare related offences.
- That the premises on which the horses being advertised on horsesales.ie are kept is:
* If in the Republic of Ireland, registered as an Equine Premises with the Department of Agriculture, Food and the Marine;
* Is not the subject of any restriction imposed by the Department of Agriculture, Food and the Marine or any other responsible authority under any animal health and welfare legislation for the time being in force in Ireland in or the equivalent in Northern Ireland. - That appropriate public liability insurance is in place at premises (and cover risks from horses as well as premises) where potential buyers are being invited to view or try horses advertised on horsesales.ie
- That all horses you advertise on horsesales.ie are:
* Registered with sire and dam recorded, in a Studbook approved by the Department of Agriculture, Food and the Marine or in a Studbook approved in another EU member state.
* Have a passport issued by a Studbook approved by the Department of Agriculture, Food and the Marine or by a Studbook approved in another EU member state. This passport should be with the horse and be available for inspection by the prospective purchaser. - That any horse advertised on horsesales.ie is accurately described. The Member recognises that he is responsible for the accuracy of any information set out in the advertisement and for any description, pedigree or warranty expressed in respect of the horse being offered for sale. This would include descriptions about the identity of the animal, age, height, vices, performance record, level of training and temperament. The Member shall at all times indemnify horsesales.ie and Crescent Horse Sales Ltd in respect of any loss, damage, expense or claim resulting from inaccuracy, deficiency or impropriety of any such information supplied.
- That the Member has the legal authority to sell the animal. In this regard the Member will accurately describe their role in any possible transaction. Two distinct categories have been identified:
* Owner;
* Agent. - To declare to the prospective purchaser any of the following conditions where applicable :-
* any horse which is a habitual wind-sucker, weaver or box walker or has been unnerved or has been tubed or otherwise operated on for unsoundness in wind or has shown evidence of
- sweet itch; * any male that is a rig.
- To declare any significant veterinary issues in the horses past to include surgical procedures that the animal has undergone and the reason for such surgical operations.
- To declare that the horse is free from banned substances or Controlled Medications as defined in the FEI prohibited substances list at the time when it was tried or when any video recordings of the horse were taken, and when the horse achieved results in open competition.
- To enter into a written purchase contract in the format suggested by horsesales.ie if requested to do so by the buyer subject to such amendments and variations as may be mutually agreed between the Member and the buyer.
- To make any horse available for examination by a veterinary surgeon nominated by the buyer for the purposes of a pre purchase veterinary examination. The fee for carrying out of this pre purchase inspection may be agreed to be borne by the buyer.
- To provide a receipt and VAT invoice (if applicable) where requested by the buyer.
- The Member acknowledges and agrees that any breach by him of this Code of Conduct may cause inter alia loss or damage to the reputation and goodwill of Crescent Horse Sales Ltd.
- The Member agrees to furnish on demand to the proprietor such evidence as may be required by the proprietor to satisfy it as to the compliance by the Member with this Code at any time.
- The Member agrees to comply with and co-operate with any complaints process that may be established by the proprietor to respond to any complaints from buyers or other persons
accessing the horsesales.ie Website or Crescent Horse Sales Ltd.
- The Member acknowledges and agrees that without prejudice to any other right or entitlement of the proprietor or to any of the other legal polices applicable to horsesales.ie that the proprietor may at any time having regard to:a) any breach of any provision of this Code of Conduct found by the proprietor to have occurred;b) any failure to furnish such information as may be requested under the foregoing provisions;c) any failure to comply within the recommendation of a complaints committee pursuant to the provisions set out below;
at its discretion terminate or suspend the Member’s membership of Crescent Horse Sales Ltd and from access to advertising on the horsesales.ie or make the Member’s further participation in horsesales.ie and advertising on horsesales.ie by the Member subject to such conditions as the proprietor may determine.
Complaints Process
17. Any complaints against a Member may be referred by the proprietor to a Complaints Officer appointed by Crescent Horse Sales Ltd who having considered all of the evidence may refer the matter to a complaints committee.
18. A nine member complaints panel will be established. Three will be qualified barristers or solicitors, three will be individuals with experiences of selling horses and three will be veterinary surgeons.
19. A three person hearing panel (“complaints committee”) with one person from each area of expertise will hear any complaints whether from a third party or from the proprietor.
20. The Member will have recourse to an Appeal which will be heard by three different members of the panel with one person from each area of expertise. The complaints committee or an appeal panel may make such recommendations in respect of the matter the subject of the complaint as it deems fit.
21. This complaints procedure shall be without prejudice to the rights or entitlements pursuant to law of all the parties thereto save where they may agree in writing to the contrary.
22. When a Member comprises two or more persons, each person agrees to be bound by, and the above provisions shall be deemed to apply and bind those persons jointly and severally.
TERMS OF BUSINESS – Thoroughbred Listings
General Terms & Conditions in respect of Membership and Advertising with Crescent Horse Sales Ltd for the advertising of Sport Horses in a listing capacity
Issue Date:7 th of June 2019
These Terms & Conditions together with our other legal policies govern your use of the horsesales.ie website and your membership or advertising account with Crescent Horse Sales Ltd and your relationship with Crescent Horse Sales Limited (“the Company”, “we” or “us”) as the proprietor and promoter of the horsesales.ie. Please read them carefully as they affect your rights and liabilities under the law. If you have any questions on the Terms & Conditions or our other legal policies, please contact us. By visiting the horsesales.ie site and again each time you do so, you agree you are accepting these terms and conditions and our other legal policies and any amendments thereof from time to time.
1. Horsesales.ie
1.1 Horsesales.ie is a web portal based scheme initiated and currently operated by Crescent Horse Sales Ltd as a platform primarily for the advertising for sale of horses.
1.2 As a prospective seller of horses you may apply to be registered to participate by way of posting advertising data on the horsesales.ie Site in any of the following capacities:
(1) Member
(2) Non member advertiser (“advertiser”)
(3) Such other forms or categories of use or participation as we may from time to time determine and prescribe.
1.3 The principal characteristics and incidents of each type of participation including inter alia details re permitted duration of display of advertisements, charges etc shall be as displayed on the Horsesales.ie Site and may be reviewed from time to time. Each type of participation shall be subject to strict compliance by the participant with the Horsesales.ie Code of Conduct and these Terms and Conditions and our other legal policies, as may be revised from time to time.
2. Registration as a Member of the Horsesales.ie
and/or to use the Site
2.1 No application by you for registration as a member, advertiser or otherwise will be deemed to be accepted by us unless and until we formally accept your application in writing. Acceptance is at our sole discretion and may be refused by us.
2.2 To be registered to participate in the Site you must:-
2.2.1 be over eighteen years of age in the case of an individual, or in the case of a partnership or other grouping of individuals, be each over eighteen years of age, and have full legal full capacity to enter into and comply with these Terms & Conditions;
2.2.2 in the case of a body corporate be duly incorporated and of good standing in the country of incorporation, and have full capacity to enter into and comply with these Terms & Conditions;
2.2.3 have duly completed the prescribed application for registration or renewal of registration as appropriate and made payment of the prescribed fee and the application must have been duly accepted by us;
2.2.4 provide us with and at all times maintain a valid working e/mail address at your business location or principal private residence as registered for the time being with us.
2.3 You irrevocably authorise us to contact you and communicate with you and to forward such information or documentation as we may deem fit or require to you at your email address or other addresses provided by you; if more than one address is provided, we may use any one or more of the addresses at our sole discretion. Where the registered member/advertiser comprises more than one person you agree that the notice and sending of information by us to any one person shall be deemed to constitute the sending of notice and information to all persons comprising the member or advertiser as the case may be.
2.4 You must ensure that the data provided by you on registration or at any time and as shown or recorded by us is correct up to date and complete.
2.5 You must inform us in writing immediately of any changes to any information that you provided when registering or at any time to ensure that any information remains accurate and up-to-date.
2.6 All data must be supplied by you in such format and in accordance with such specifications as we may advise (or vary) from time to time.
3. Password & Security
3.1 When you register to use horsesales.ie Site you may be assigned a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting us immediately.
3.2 If we have reason to believe that there is likely to be a breach of security or misuse of the Site, we may require you to change your password or we may suspend your membership of and/or advertising account with Crescent Horse Sales Ltd and your access to the horsesales.ie Site.
4. Application of Terms and Conditions and Code
4.1 The Horsesales.ie Site is provided to you for use by you, as a registered participant, for advertising horses for sale is subject to these Terms & Conditions and the Crescent Horse Sales Ltd Code and our other legal policies from time to time as shown on the horsesales.ie Site or otherwise notified to you.
4.2 By applying for registration as a participant and again by using the Site and on each occasion you access or use the Site in any capacity you agree to be bound by these Terms & Conditions, the Crescent Horse Sales Ltd Code of Conduct and our other legal policies from time to time.
4.3 As a condition of participation with the horsesales.ie Site you agree in particular at all times to comply with and be bound by the Crescent Horse Sales Ltd Code of Conduct.
4.4 Amendments
We may update revise add to or otherwise change these Terms & Conditions and the Code of Conduct and our other legal policies from time to time for legal or regulatory reasons or commercial reasons or to allow the proper or improved operation of the horsesales.ie Site for or such other purpose or reason as we may at our absolute discretion deem appropriate. Any such changes shall be posted on the horsesales.ie Site or may be notified to you by such other means as we deem fit. The changes will apply to the use of the horsesales.ie Site from such date or dates as we may indicate or in default of indication will apply from the date of posting thereon on the Horsesales.ie Site. If you do not wish to accept the new Terms & Conditions or other legal policies you should not continue to use the horsesales.ie Site. If you continue to use the horsesales.ie Site after the date on which the change comes into effect, your use of the horsesales.ie Site indicates your agreement to be bound by the Terms & Conditions and other legal policies as so changed.
5. Operation of the Horsesales.ie Site
5.1 The object of the Horsesales.ie Site is to provide an internet display service for displaying details of horses offered for sale by members or other advertisers or for advertising such other services or displaying such information as we may at our absolute discretion decide from time to time.
5.2 We will on request advise you from time to time of the normal anticipated time periods for display or updating of data from time to time submitted and input by you for the Horsesales.ie Site. We may at our absolute discretion require a delay of display for pre-screening, review, editing or other purposes without any obligation on us so to pre-screen review or edit.
5.3 We may change from time to time the specification and format in which you may be required to provide your data; we shall notify you where practicable in advance of any such change.
5.4 It shall be your obligation to directly receive collect and deal with all visitor user enquiries arising from the display of your advertising data on the horsesales.ie Site. You will ensure and procure that as far as within your power that all enquiries and requests for information in respect of horses advertised by you on the horsesales.ie Site are directed to you and not to the Crescent Horse Sales Ltd. We will not nor should we be obliged to forward details of any user enquiry received by us.
5.5 Subject to the terms hereof we will provide access for you to vary or remove your data during such hours as we may from time to time advise. Your data will be displayed on the horsesales.ie for such period or periods as we may from time to time stipulate or determine in accordance with our charging or other display policies as may be notified from time to time to you or shown on the horsesales.ie.
5.6 It shall at all times be your sole responsibility to review for accuracy your data displayed on the horsesales.ie Site and insofar as may be permitted by law we accept no responsibility and shall have no obligation or liability to edit verify or review your data; provided we may at any time at our absolute discretion edit amend or remove your data. We may at any time change the layout, format,
appearance, functionality, tabbing and sequence of display of your data. We shall endeavour to notify you, and in advance where we deem it practical and appropriate, of any such editing, amendment, removal or change or alteration.
5.7 Although we may from time to time have requirements (in addition to any pursuant to the other terms hereof) advice or recommendations in respect of content format location and presentation of your data on the horsesales.ie Site we shall not be thereby deemed to have or incur any liability or to make any representation or warranty or to have any expertise whether in respect of website content design or display formatting marketing and sale or otherwise, save as may be mandatorily implied by applicable law.
5.8 Although we aim to offer you the best service possible, we make no promise that the services at the horsesales.ie Site will meet your requirements. We cannot guarantee that the services will be fault-free. If a fault occurs with the horsesales.ie Site you should report it to us at our contact details as shown on the horsesales.ie Site and we will attempt to correct the fault as soon as we reasonably can.
5.9 Your access to the horsesales.ie Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
5.10 The format layout presentation aims and purposes of the horsesales.ie Site will be kept under review by us and may be altered by us in whole or part from time to time as we may in our absolute discretion decide; you accept and acknowledge that no representation is made my us that the horsesales.ie Site will be maintained or operated in any particular way or with any particular content format design layout purpose or functionality.
6. Your Use of the Horsesales.ie Site
6.1 You agree not to use the horsesales.ie Site for any of the following purposes:-
6.1.1 disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
6.1.2 transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;
6.1.3 interfering with any other person’s use or enjoyment of the horsesales.ie Site;
6.1.4 making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner;
6.1.5 for the advertising or promotion of anything other than horses solely owned by you or in respect of which you have irrevocable authority in respect of the advertising and sale thereof in accordance with the material supplied by you for publication on the horsesales.ie Site;
6.1.6 for any purpose other than the bona fide offering for sale of horses in accordance with the material furnished by you for input for and publication on the horsesales.ie Site;
6.1.7 for inputting or disseminating any material which may be in breach of any law or code applicable to advertising and sale whether those laws or codes and standards apply exclusively or non-exclusively to advertising or sale of horses or goods or services generally;
6.1.8 for any purpose or in any manner which may be in breach of the Crescent Horse Sales Ltd Code of Conduct;
6.1.9 in breach of any intellectual property or third party right or entitlement of any kind;
6.1.10 in any manner which may render us liable to any claim of loss or damage whatsoever;
6.1.11 for transmission or use or dissemination of any material which is misleading, out of date or inaccurate;
6.1.12 for inputting transmission or use of material which may or would if incorporated in a contract of sale of the horse or pony to which it refers give rise to or constitute a material breach of any condition therein implied by any applicable law;
6.1.13 for input use or dissemination of any material which contains any software or programme which may adversely or without relevant consents affect damage or disable in any way our or any third party hardware or software or other information technology resources or property or which may collect;
6.1.14 without our express written consent for input use or dissemination of any material which includes any software or programme which collects or records data about us any user accessing the Horsesales.ie Site or any other third party.
6.2 YOU AGREE, CONFIRM, REPRESENT AND WARRANT:-
6.2.1 that you are aware accept and acknowledge Crescent Horse Sales Ltd makes no warranty, representation or endorsement or shall have any liability or responsibility in respect of the horsesales.ie Site or any aspect thereof or any matter or material relating thereto or the contents members subscribers users or advertisers thereof and we are sole proprietors of the Crescent horse Sales Ltd and the horsesales.ie Site;
6.2.2 that you are aware and acknowledge that no representation or warranty is or has been made by Crescent Horse Sales Ltd that it will continue as our parent company, and that our ownership and control may at any time be transferred to third parties;
6.2.3 that you are aware and acknowledge that no representation or warranty has been made that the control or ownership of Crescent Horse Sales Ltd and the horsesales.ie Site shall remain with us and that ownership and control may at any time be assigned of and disposed of by us to a third party;
6.2.4 that all material provided by you for use in dissemination or display on the Horsesales.ie Site will at all times be kept up to date, accurate and comprehensive and you will comply with all laws applicable to advertising, sale and marketing whether generally, or specifically in respect of horses;
6.2.5 that you will comply fully with your obligations under the Data Protection Acts 2018 and data protection legislation from time to time in force in respect of any data which we may supply to you or which may be obtained by you pursuant to your membership or use of the Horsesales.ie Site or advertising of horses thereon or any transactions entered into subsequent to and pursuant to advertising of any horses thereon;
6.2.6 that you will ensure that all data supplied by you in connection with the Crescent Horse Sales Ltd or the Horsesales.ie Site complies with the Data Protection Acts 2018;
6.2.7 that all data supplied by you and when appearing or published or disseminated on the Horsesales.ie Site will not breach any contract or infringe any copyright or other intellectual property rights or third party rights of any kind;
6.2.8 that you acknowledge and are aware that we make no representation as to the proposed duration of the Crescent Horse Sales Ltd or the Horsesales.ie Site or as to the maintenance of either in their current or any other form;
6.2.9 that all data relating to you or any horses offered for sale by you and all other material displayed on the Horsesales.ie Site is fully up to date comprehensive and accurate in all respects and not such as may be likely to deceive or mislead any person and to advise us in writing in accordance with our requirements of any changes required to rectify any error or deficiency therein.
6.3 You agree to indemnify us in respect of all claims, losses, costs, demands, damages, expenses or liabilities whatsoever arising out of or in connection with any breach of these Terms & Conditions or any of our other legal policies by you or relating to any data or other material which may be published displayed or disseminated by us on the Horsesales.ie Website on your behalf or at your request or pursuant to data supplied by you.
7. Horsesales.ie Logos, Intellectual Property
7.1 You agree that you will not, and you agree to ensure and procure that all third parties within your reasonable power and procurement will not, use any of the Horsesales.ie Logos, make any reference to Crescent Horse Sales Ltd or the Horsesales.ie Site in any advertising, promotional, website or other material or manner except strictly in accordance with our prior written consent and such terms and conditions (in addition to the terms and conditions hereof, and the Crescent Horse Sales Ltd Code of Conduct), as we may from time to time require, whether by specific notification to you or by way of such more generally applicable terms and conditions as my be displayed by us on the Horsesales.ie Site or otherwise published.
7.2 The content of the Horsesales.ie Site is protected by copyright, trademarks, database rights and other intellectual property rights. You may retrieve and display the content of the Horsesales.ie Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Horsesales.ie Site without written permission from us.
8. Your data and Intellectual Property Consents
8.1 Without limiting any implied consent which you may be deemed to give or have given by becoming a member of or advertiser with the Crescent Horse Sales Ltd you (a) hereby consent to and grant and (b) agree to furnish all such further necessary and appropriate authorisations, consents and approvals as may be (and in addition to any specific consents, licences and approvals herein contained and other than those required under Data Protection legislation) reasonably required by us to ensure the full and unhindered use by us for all purposes in connection with Crescent Horse Sales Ltd all data obtained by or submitted to us by you or on your behalf.
8.2 YOU HEREBY LICENCE us by way of non-exclusive licence for all purposes in connection with the Crescent Horse Sales Ltd as we may in good faith determine from time to time to the extent of any copyright or other intellectual property rights you may hold all such data and material referred to in the foregoing subparagraph for use for any one or more of the Crescent Horse Sales Ltd purposes, or the purposes of the Horsesales.ie Site as determined or required from time to time in good faith by us.
8.3 YOU HEREBY WAIVE AND DISCHARGE to the extent lawful any right of confidentiality or any similar right of privacy that may apply which might otherwise restrict the proper use by us of any such data, materials or information in the foregoing subparagraphs for the Crescent Horse Sales Ltd purposes, or the purposes of the Horsesales.ie Site, as determined in good faith from time to time by us.
8.4 YOU AGREE AND CONSENT to the use and transfer to us for use and processing by us without obligation at our sole discretion for the Crescent Horse Sales Ltd purposes, or the purposes of the Horsesales.ie Site, as determined in good faith from time to time by us of information relating to you or any horses owned or indicated by you as being for sale by
9. The Company’s Right to Suspend or Cancel
9.1 We may suspend or cancel your registration membership and/or your access to the Horsesales.ie Site immediately at our absolute discretion or if, in our opinion, you breach any of your obligations under these Terms & Conditions or any of our legal policies or if any data input or sought to be input by you may be likely to cause you to be in breach any of those obligations.
9.2 You may cancel your registration or membership as member or advertiser of Crescent Horse Sales Ltd or the Horsesales.ie Site at any time by informing us in writing. If you do so, you must stop using the Horsesales.ie Site.
9.3 The suspension or cancellation of your registration and your right to use the Horsesales.ie Site shall not affect either party’s accrued rights, entitlements or obligations.
9.4 We may at any time suspend whether temporarily or indefinitely or terminate the Crescent Horse Sales Ltd and the Horsesales.ie Site.
10. Disclaimer, Indemnity
10.1 You agree to indemnify us on demand against all losses damages costs expenses liability claims or proceedings which we may at any time incur suffer or be subject to arising out of or in connection
with or caused by any breach by you(including without limiting the foregoing any act omission or circumstance giving rise to your being deemed to be in breach) of these terms and conditions or the Crescent Horse Sales Ltd Code of Conduct or any of our legal policies from time to time or otherwise arising or pursuant to your use of the Horsesales.ie Site or data created or submitted by you for use on the Horsesales.ie Site.
10.2 Without limiting the foregoing you agree to indemnify us on demand against all losses damages costs expenses liability claims or proceedings which we may at any time incur suffer or be subject to arising out of or in connection with or caused by any breach or alleged(by any third party) breach by you(including without limiting the foregoing any act omission or circumstance giving rise to your being deemed or claimed (by any third party) to be in breach) of any duty liability or obligation to any third party or of any third party right or entitlement arising out of or in respect of or otherwise in connection with any material or data supplied to us by you or on your behalf or created or displayed by us at your request or with your acquiescence or otherwise input or submitted by you or on your behalf on or in connection with Crescent Horse Sales Ltd or the Horsesales.ie Site or in connection with any dealings you may at any time have with any third parties in respect of any matter or circumstance relating in any way to or data at any time displayed on the Crescent Horse Sales Ltd or the Horsesales.ie Site.
10.3 The Horsesales.ie Site provides content from other Internet sites or resources and while we may at our discretion try to ensure that material included on the Horsesales.ie Site is correct, reputable and of high quality, we do not make any warranties or guarantees in relation to that content. If we are informed of any inaccuracies in the material on the Horsesales.ie Site we will attempt to correct the inaccuracies as soon as we reasonably can.
10.4 Except in respect of any liability we may have or limited under any applicable laws we shall not be liable to you for any breach of contract, duty or for any reason in connection with the use or operation of Crescent Horse Sales Ltd or the Horsesales.ie Site or any data from time to time displayed thereon or related thereto for loss of profit, indirect, special or consequential loss, damage, cost or expenses or compensation whatsoever which you may suffer or incur or which you may be liable for to any third party.
10.5 The provisions of this clause shall not limit our liability for death or personal injury except to the maximum extent permitted by applicable law.
10.6 To the extent permitted by law the you hereby acknowledge, agree and confirm that we shall not have any liability or responsibility in respect of any error or omission in connection with the use, processing displaying or publication of any data or other material supplied by you or any loss or damage thereby incurred by any person; provided that upon being made aware of any error we shall procure the making good of such error as soon as practically possible and insofar as is within our reasonable power.
10.7 The benefit of this clause shall be deemed to be for our benefit and also severally to the maximum extent permitted by law for Crescent Horse Sales Ltd and for each of our and their officers and employees, and for such other person or persons as we may at any time nominate in writing, as if each of them were party hereto.
11. Third Party Websites
11.1 As a convenience to customers, the Horsesales.ie Site includes links to other websites or material which are beyond its control. The Company is not responsible for content on any site outside the Horsesales.ie Site.
11.2 You may not link to our Website without our prior specific written consent and upon such terms and conditions as we may require. We reserve the right to withdraw any linking permission so granted without notice.
12. Advertising & Sponsorship
12.1 The Horsesales.ie Site may contain third party advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Horsesales.ie Site complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
13. Applicable Law, Complaints, Dispute Resolution
13.1 These Terms & Conditions will be subject to the laws of Ireland and you irrevocably submit to the non-exclusive jurisdiction to the Courts of Ireland.
13.2 In the event that you have at any time a complaint, dispute, or grievance with us against us in relation to any matter arising out of or in connection with this Horsesales.ie Site you agree in the first instance before seeking any judicial or other remedy (but without prejudicing your right of access thereto) to furnish full and comprehensive details (including such further details and information as may be reasonably requested by us)of the complaint dispute grievance or claim to the CEO of Crescent Horse Sales Ltd for investigation and if he shall deem fit to make a recommendation for resolution thereof. Any such recommendation shall not bind you or us, or be admissible against either you or us in any legal proceedings, unless you and we agree in writing to accept the recommendation.
14. International Use
14.1 We make no promise or representation that materials on the Horsesales.ie Site are appropriate or available for use in or advertising or display to locations outside Ireland, and for accessing the Horsesales.ie Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside Ireland, you do so on your own initiative and are responsible for compliance with local laws.
14.2 If you choose to use the Horsesales.ie Site for advertising to persons and locations outside Ireland, you must ensure that you comply with all relevant local laws.
15. Termination
15.1 We may at any time terminate our contract (and your membership of the Crescent Horse Sales Ltd) with you by notice to you. In the event of termination we shall not be obliged to refund any charges on subscriptions or advertising fees paid by you save and in accordance with such
repayment policy (if any) as we may from time to time determine or save to the extent of that restriction of any such liability to repay would be unlawful.
15.2 You may at any time terminate your contract (and membership) with us by notice in writing to us at the contact details provided by us from time to time on the Horsesales.ie Website. Upon termination you shall not be entitled to repayment of all or part of any subscription or advertising fees or charges paid by you save as we may from time to time at our discretion determine and save to the extent that any exclusion of repayment may be unlawful.
16. Miscellaneous
16.1 You may not transfer your membership of Crescent Horse Sales Ltd or any of your rights under these Terms & Conditions or any of our legal policies to any other person. We may transfer our rights under these Terms & Conditions and any of our other legal policies to any other person as we may deem fit and to another business where we reasonably believe your rights will not be affected.
16.2 If you breach these Terms & Conditions or any of our other legal policies and we chooses to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms & Conditions and any of our other legal policies.
16.3 We shall not be responsible for any breach of these Terms & Conditions or any of our other legal policies caused by circumstances beyond our reasonable control.
16.4 The Horsesales.ie Site is owned and operated by Crescent Horse Sales Ltd, 11 The Crescent, O’Connell St, Limerick.
16.5 If you have any queries please contact us at our contact address as shown from time to time on the Horsesales.ie Site.
18. Payment
18.1 Payment by you of membership, subscription and advertising fees shall be made in accordance with such provision for payment and rates and charges as we may from time to time determine and publish on the Horsesales.ie Site.
18.2 Interest shall accrue on any sums due and unpaid by you hereunder at the rate per centum per day which shall exceed by 0.001 per centum the rate of interest for the time being chargeable under Section 1080 of the Taxes Consolidation Act 1999 (or such other rate of interest as may from time to time be chargeable upon arrears of tax which rate of interest shall be duly adjusted if necessary for expression as a rate per day) or 10% per centum per annum whichever rate is greater when calculated on a per annum basis.
19. Interpretation
In these Terms and Conditions, the following terms shall be deemed to have the following meanings:-
“the Company”, “we”, “us”, “our” and expressions of a similar nature mean and refer to Crescent Horse Sales Limited.
“Horsesales.ie Site” means the website https://www.horsesales.ie/.
“participant” means a person who has applied for and been duly accepted in accordance with the terms hereof to be a registered member featured seller or advertiser with Crescent Horse Sales Ltd.
“Crescent Horse Sales Ltd” means the scheme for advertising horses and by way of a Portal known ashttps://www.horsesales.ie/
“data” includes any type of data, information or material in any form or medium.
“legal policies” means the within Terms and Conditions, the Crescent Horse Sales Ltd Code of Conduct, the general terms of access to the Horsesales.ie Site any Privacy Statement or Policy and any other terms and conditions stated to be applicable to use or access to the Horsesales.ie Site or governing the terms of advertising thereon as may be displayed by us from time to time on the Horsesales.ie Site or otherwise notified to you.
“Crescent Horse Sales Ltd Code of Conduct” means the Code of Conduct governing membership of the Crescent Horse Sales Ltd as displayed from time to time on the Horsesales.ie Site or otherwise published by us.
“Horse Sales.ie Logos” means the name “Crescent Horse Sales Ltd” and any representations or variations thereof or any reference to Crescent Horse Sales Ltd or the Horsesales.ie Site or any domain names, web addresses, trademarks, service marks, business names or goodwill related thereto.
General Terms & Conditions of Access to Website Portal https://www.horsesales.ie/
These Terms & Conditions together with our other legal policies enforcement at the time govern your access to the Crescent Horse Sales Ltd website https://www.horsesales.ie/ (“the Horsesales.ie Site”) and your relationship with Crescent Horse Sales Limited as the proprietor and promoter of the Crescent Horse Sales Ltd (“the Company”, “we” or “us”). Please read them carefully as they affect your rights and liabilities under the law. If you have any questions on the Terms & Conditions or on any of our legal policies, please contact us. By visiting the Horsesales.ie Site and on each occasion you visit the Horsesales.ie Site you are accepting these terms and conditions and our other legal policies as amended from time to time.
Crescent Horse Sales Ltd
Horsesales.ie is a web portal initiated and currently operated by Crescent Horse Sales Ltd as a platform for the advertising for sale of horses.
Other than the provision and maintenance of this Website, Crescent Horse Sales Ltd does not have any input into the content of advertising in the Horsesales.ie Site and does not verify the content of the statements made therein.
The content of advertising in the Website is at all times the sole responsibility of the seller/advertiser who has input the content and we do not accept responsibility for any errors, omissions or inaccuracies in the same nor do we warrant or represent any of the content of the
Horsesales.ie Site is accurate, fair or complete in relation to the horses illustrated or referred to therein.
In relation to any horse or pony or other product or service advertised for sale or otherwise on the Horsesales.ie Site, you agree to inspect, examine and assess the horse, product or service which you may wish to purchase and satisfy yourself as to its description and suitability.
We have not and shall not be deemed by you to have verified or investigated or in any way to guarantee or endorse the accuracy of any statement, covenants or representations made by any person in respect of any horse or pony advertised on the Horsesales.ie Site or otherwise.
Application of Terms and Conditions and Code
The Horsesales.ie Site is provided to you for use by you subject to these terms & conditions, the terms and conditions in respect of Crescent Horse Sales Ltd membership and advertising, the Crescent Horse Sales Ltd Code and our other legal policies from time to time as shown on the Horsesales.ie Site or otherwise notified to you.
By accessing the Horsesales.ie Site in any capacity and on each occasion that you do so, you agree to be bound by these Terms & Conditions and our other legal policies from time to time.
Amendments, Faults
We may update revise add to or otherwise change these Terms & Conditions and the Code and our other legal policies from time to time for legal or regulatory reasons or commercial reasons or to allow the proper or improved operation of the Horsesales.ie Site for or such other purpose or reason as we may at our absolute discretion deem appropriate. Any such changes shall be posted on the Horsesales.ie Site or may be notified to you by such other means as we deem fit. The changes will apply to the use of the Horsesales.ie Site from such date or dates as we may indicate or in default from the date of posting thereon on the Horsesales.ie Site. If you do not wish to accept the new Terms & Conditions or our other legal policies you should not continue to use the Horsesales.ie Site. If you continue to use the Horsesales.ie Site after the date on which the change comes into effect, your use of the Horsesales.ie Site indicates your agreement to be bound by the Terms & Conditions and other legal policies as so changed.
We make no promise that the services at the Horsesales.ie Site will meet your requirements. We cannot guarantee that the services will be fault-free. If a fault occurs with the Horsesales.ie Site you should report it to us at our contact details as shown on the Horsesales.ie Site and we will attempt to correct the fault as soon as we reasonably can.
Your access to the Horsesales.ie Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
Enquiries re Horses and Products and Services Advertised
If you have any enquiry in relation to any horse, or other product or service advertised on the Horsesales.ie Site, you must make contact directly with the relevant person so advertising at the
contact details provided by that person on their advertisement. We do not and will not pass on to advertisers any requests for information or enquiries.
You agree that you will comply fully with your obligations under the Data Protection Act 2018 and data protection legislation from time to time in force in respect of any data which we may supply to you or which may be obtained by you pursuant to your use of the Horsesales.ie Site.
You agree that you will ensure that all data supplied by you in connection with the Crescent Horse Sales Ltd or the Horsesales.ie Site complies with the Data Protection Acts 2018.
Disclaimers, Indemnities
The Horsesales.ie Site provides content from other Internet sites or resources and while we may at our discretion try to ensure that material included on the Horsesales.ie Site is correct, reputable and of high quality, we do not make any warranties or guarantees in relation to that content. If we are informed of any inaccuracies in the material on the Horsesales.ie Site we will attempt to correct the inaccuracies as soon as we reasonably can.
We provide a service to subscribing members of the Crescent Horse Sales Ltd and advertisers of displaying advertisements in respect of horses and other products and services. We do not and cannot be taken as endorsing or guaranteeing the suitability of or make any representation whatsoever in relation to the persons who are purporting to advertise horses, or other products or services for sale or in relation to the horses, products or services that they offer for sale. In particular, we do not make any warranty or representation in relation to compliance by any persons being members of the Crescent Horse Sales Ltd with our legal policies and in particular we do not make any representations in respect of compliance by any such persons with any matters referred to in the Crescent Horse Sales Ltd Code of Conduct. If you decide to purchase any horse, pony, good or service from any such advertiser, you agree to at your discretion and it shall be your responsibility to make appropriate enquires as to the compliance by any such Seller with our legal policies including inter alia with the Crescent Horse Sales Ltd Code of Conduct and at your discretion to include any term or condition as you deem fit in relation to such compliance in any contract you may enter into with any such person.
Crescent Horse Sales Ltd DISCLAIMER
You are aware accept and acknowledge that Crescent Horse Sales Ltd shall not have any liability or responsibility in respect of the Crescent Horse Sales Ltd or the Horsesales.ie Site or any aspect thereof or any matter or material relating thereto or the contents members subscribers users or advertisers thereof and we are sole proprietors of the Crescent Horse Sales Ltd and the Horsesales.ie Site and operate the Crescent Horse Sales Ltd and the Horsesales.ie Site on our own behalf.
You agree to indemnify us on demand against all losses damages costs expenses liability claims or proceedings which we may at any time incur suffer or be subject to arising out of or in connection with or caused by any breach by you (including without limiting the foregoing any act omission or circumstance giving rise to your being deemed to be in breach) of these terms and conditions or any of our legal policies from time to time or otherwise arising or pursuant to your use of the Horsesales.ie Site.
Without limiting the foregoing you agree to indemnify us on demand against all losses damages costs expenses liability claims or proceedings which we may at any time incur suffer or be subject to arising out of or in connection with or caused by any breach or alleged (by any third party) breach by you (including without limiting the foregoing any act omission or circumstance giving rise to your being deemed or claimed (by any third party) to be in breach) of any duty liability or obligation to any third party or of any third party right or entitlement arising out of or in respect of or otherwise in connection with your accessing or other use of the Crescent Horse Sales Ltd or the Horsesales.ie Site or in connection with any dealings you may at any time have with Sellers or other third parties in respect of any matter or circumstance relating in any way to Crescent Horse Sales Ltd or the Horsesales.ie Site or any transaction relating to any horse, pony or any service at any time advertised or displayed on the Horsesales.ie Site.
Except in respect of any liability we may have which is prohibited to be excluded or limited under any applicable laws we shall not be liable to you for any breach of contract, duty or any reason in connection with the use or operation of Crescent Horse Sales Ltd or the Horsesales.ie Site or any data from time to time, displayed thereon or related thereto for loss of profit or any direct or indirect special consequential loss, damage, cost, expenses or compensation whatsoever which you may suffer or incur or which you may be liable for to any third party.
These terms and conditions shall not limit our liability for death or personal injury except for the maximum extent permitted by applicable law.
The benefit of this clause shall be deemed to be for our benefit and also severally to the maximum extent permitted by law for Crescent Horse Sales Ltd and for each of our and their officers and employees, and to such other person or persons as we may at any time nominate in writing, as if each of them were party hereto
Third Party Websites
As a convenience to customers, the Horsesales.ie Site includes links to other websites or material which are beyond its control. The Company is not responsible for content on any site outside the Horsesales.ie Site.
You may not link to our Website without our prior specific written consent and upon such terms and conditions as we may require. We reserve the right to withdraw any linking permission so granted without notice.
Applicable Law, Complaints, Dispute Resolution
These Terms & Conditions will be subject to the laws of Ireland and you irrevocably submit to the non-exclusive jurisdiction to the Courts of Ireland.
In the event that you have at any time a complaint dispute grievance with us or claim against us in relation to any matter arising out of or in connection with the Horsesales.ie Site you agree in the first instance before seeking any judicial or other remedy (without prejudicing your right of access to the Courts) to furnish full and comprehensive details (including such further details and information as may be reasonably requested by us)of the complaint dispute grievance or claim to the Chairman for the time being of our parent company, Crescent Horse Sales Ltd for investigation to enable him if
he shall deem fit to make a recommendation for resolution thereof. Any such recommendation shall not bind you or us, or be admissible against either you or us in any legal proceedings, unless you and we agree in writing to accept the recommendation.
International Use
We make no promise or representation that materials on the Horsesales.ie Site are appropriate or available for use in or advertising or display to locations outside Ireland, and accessing the Horsesales.ie Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside Ireland, you do so on your own initiative and are responsible for compliance with local laws.
The Horsesales.ie Site is owned and operated by Crescent Horse Sales Ltd, 11 The Crescent, O’Connell St, Limerick.
If you have any queries please contact us at our contact address as shown from time to time on the Horsesales.ie Site.
Interpretation
In these Terms and Conditions, the following terms shall be deemed to have the following meanings:-
“participant” means a person who has applied for and been duly accepted in accordance with the terms hereof to be a registered member featured seller or advertiser with Crescent Horse Sales Ltd.
“Crescent Horse Sales Ltd” means the scheme for advertising horses by way of a Portal known ashttps://www.horsesales.ie/.
“data” includes any form of data, information or material in any form or medium.
“legal policies” means any terms and conditions applicable in respect of members and advertises on the Crescent Horse Sales Ltd Code of Conduct or general terms of access to the Horsesales.ie Site and Privacy Policy any other terms and conditions intended by us to apply to and govern the use or access of the Horsesales.ie Site and terms of advertising carried out thereon as may be displayed by us from time to time on the Horsesales.ie Site or otherwise notified to you.
“Crescent Horse Sales Ltd Code of Practice” means the Code of Practice governing membership of the Crescent Horse Sales Ltd as displayed from time to time on the Horsesales.ie Site or otherwise published by us.
“horsesales.ie logos” means the name “Crescent Horse Sales Ltd” and any representations thereof or any reference to Crescent Horse Sales Ltd or the Horsesales.ie Site or any domain names, web addresses, trademarks, service marks, business names or goodwill related thereto
Seller Code of Conduct
© 2019 Horsesales.ie
Members of Horsesales.ie will observe the following code of conduct.
Members who are found in breach of this code will be excluded from being a Member.
Members commit to the following:
1. That the Member has no previous convictions for fraud or animal welfare related offences.
2. That the premises on which the horses being advertised on horsesales.ie are kept is:
* If in the Republic of Ireland, registered as an Equine Premises with the Department of Agriculture, Food and the Marine;
* Is not the subject of any restriction imposed by the Department of Agriculture, Food and the Marine or any other responsible authority under any animal health and welfare legislation for the time being in force in Ireland in or the equivalent in Northern Ireland.
3. That appropriate public liability insurance is in place at premises (and cover risks from horses as well as premises) where potential buyers are being invited to view or try horses advertised on horsesales.ie
4. That all horses you advertise on horsesales.ie are:
* Registered with sire and dam recorded, in a Studbook approved by the Department of Agriculture, Food and the Marine or in a Studbook approved in another EU member state.
* Have a passport issued by a Studbook approved by the Department of Agriculture, Food and the Marine or by a Studbook approved in another EU member state. This passport should be with the horse and be available for inspection by the prospective purchaser.
5. That any horse advertised on horsesales.ie is accurately described. The Member recognises that he is responsible for the accuracy of any information set out in the advertisement and for any description, pedigree or warranty expressed in respect of the horse being offered for sale. This would include descriptions about the identity of the animal, age, height, vices, performance record, level of training and temperament. The Member shall at all times indemnify horsesales.ie and Crescent Horse Sales Ltd in respect of any loss, damage, expense or claim resulting from inaccuracy, deficiency or impropriety of any such information supplied.
6. That the Member has the legal authority to sell the animal. In this regard the Member will accurately describe their role in any possible transaction. Two distinct categories have been identified:
* Owner;
* Agent.
7. To declare to the prospective purchaser any of the following conditions where applicable :-
* any horse which is a habitual wind-sucker, weaver or box walker or has been unnerved or has been tubed or otherwise operated on for unsoundness in wind or has shown evidence of
8. sweet itch; * any male that is a rig.
9. To declare any significant veterinary issues in the horses past to include surgical procedures that the animal has undergone and the reason for such surgical operations.
10. To declare that the horse is free from banned substances or Controlled Medications as defined in the FEI prohibited substances list at the time when it was tried or when any video recordings of the horse were taken, and when the horse achieved results in open competition.
11. To enter into a written purchase contract in the format suggested by horsesales.ie if requested to do so by the buyer subject to such amendments and variations as may be mutually agreed between the Member and the buyer.
12. To make any horse available for examination by a veterinary surgeon nominated by the buyer for the purposes of a pre purchase veterinary examination. The fee for carrying out of this pre purchase inspection may be agreed to be borne by the buyer.
13. To provide a receipt and VAT invoice (if applicable) where requested by the buyer.
14. The Member acknowledges and agrees that any breach by him of this Code of Conduct may cause inter alia loss or damage to the reputation and goodwill of Crescent Horse Sales Ltd.
15. The Member agrees to furnish on demand to the proprietor such evidence as may be required by the proprietor to satisfy it as to the compliance by the Member with this Code at any time.
16. The Member agrees to comply with and co-operate with any complaints process that may be established by the proprietor to respond to any complaints from buyers or other persons
accessing the horsesales.ie Website or Crescent Horse Sales Ltd.
17. The Member acknowledges and agrees that without prejudice to any other right or entitlement of the proprietor or to any of the other legal polices applicable to horsesales.ie that the proprietor may at any time having regard to:a) any breach of any provision of this Code of Conduct found by the proprietor to have occurred;b) any failure to furnish such information as may be requested under the foregoing provisions;c) any failure to comply within the recommendation of a complaints committee pursuant to the provisions set out below;
at its discretion terminate or suspend the Member’s membership of Crescent Horse Sales Ltd and from access to advertising on the horsesales.ie or make the Member’s further participation in horsesales.ie and advertising on horsesales.ie by the Member subject to such conditions as the proprietor may determine.
Complaints Process
17. Any complaints against a Member may be referred by the proprietor to a Complaints Officer appointed by Crescent Horse Sales Ltd who having considered all of the evidence may refer the matter to a complaints committee.
18. A nine member complaints panel will be established. Three will be qualified barristers or solicitors, three will be individuals with experiences of selling horses and three will be veterinary surgeons.
19. A three person hearing panel (“complaints committee”) with one person from each area of expertise will hear any complaints whether from a third party or from the proprietor.
20. The Member will have recourse to an Appeal which will be heard by three different members of the panel with one person from each area of expertise. The complaints committee or an appeal panel may make such recommendations in respect of the matter the subject of the complaint as it deems fit.
21. This complaints procedure shall be without prejudice to the rights or entitlements pursuant to law of all the parties thereto save where they may agree in writing to the contrary.
22. When a Member comprises two or more persons, each person agrees to be bound by, and the above provisions shall be deemed to apply and bind those persons jointly and severally.
Terms of Business & Conditions of Sale for Sporthorse Auctions
Member Agreement of Horsesales.ie (Crescent Horse Sales Ltd)
CONDITIONS OF SALE
Definitions:
“The Agents” shall mean The Crescent Horse Sales Ltd Sale or any parties acting on their behalf. “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 sales shall be deemed to be the Vendor.
“The Purchaser” shall mean the highest bidder to whom the Lot is knocked down subject to the provisions set out herein and shall include a person who is the vendor or member of a per vendor partnership.
“Lot” shall mean and include horses of all descriptions offer for sale by The Crescent Horse Sales Ltd Sale.
1. The Crescent Horse Sales Ltd Sale, their servants or agents shall not accept any responsibility for injury, loss or damage suffered to persons, animals, goods or property or howsoever arising as a result of any act, omission, default or neglect on their part or on the part of any owners of horses and/or their agents or visitors to the Sales.
2. RESERVES, BIDDING AND PRIVATE SALES
- A Lot entered in the Catalogue and advertised for sale shall not be sold by the owner before the auction of that Lot. Should they fail to reach their reserve, vendors may negotiate privately, and in the event of a sale it must be transacted through the agents of Horsesales.ie. Anyone found not adhering to this condition of sale will be barred from any future sales.
- 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 the Agents shall adjudicate on the dispute and their decision shall be binding on all parties. At their discretion, the Agents may put up the Lot in dispute for Auction and re-sales.
In order for a prospective Buyer to bid on a Lot, they must first register to bid via the REGISTER to Bid link on the auction page. A deposit of €200 must be paid before being given a Bidder number which is returnable within a maximum of 7 days to the Bidder after the Sale.
The Vendor is required to pay an Entry Fee of €50 plus VAT prior to the auction. Where a Lot does not have the required Entry Fee paid shall be withdrawn.
- The Agents reserve the following rights:
- To refuse without reason the bidding of any person;
- To bid on their own behalf up to the reserve price; and
- To withdraw the Lot from sale at any time before it has been knocked down without disclosing the reserved price.
COMMISSION AND AUCTION FEE:
On the sale of a Lot commission shall be paid to the Agent at the full rate of 3% of the sale price to be paid by the vendor and the rate of 3% of the sale price to be paid by the purchaser to the Agent. A similar charge will be made for any Lot disposed of between the date of publication of the Catalogue and one week after the date of sale. Full commission is to be paid by the Vendor to the Agents in respect of any Lot returnable and/or returned. Vat is to be charged on all purchasers except:
- The Purchaser is from an E.U. country and is registered for V.A.T. (V.A.T. number must be given to The Crescent Horse Sales Ltd Sale);
- The Purchaser is from a non-EU country. (Proof of shipment must be given to The Crescent Horse Sales Ltd Sale.)
A vendor shall not bid or allow anyone else to bid on his behalf for any Lot owned by him except in cases where such Lot is being sold on the dissolution of a partnership or the sale is operating in an online only capacity.
A vendor may bid on his/her own horse in an online only auction up to their predetermined reserve price which has been discussed with and cleared by the Agent prior to the sale beginning.
Should any vendor bid on their horse once it passes €10,000 and their bid is successful they will be subject to a vendors buy back commission of 3% regardless of their reserve.
Should any vendor bid on their horse and their bid is successful over their predetermined reserve they will be liable for the full Buyers commission 3% & Vendors commission 3%.
- Any Lot for sale or otherwise shall be at the Vendor’s risk provided, however, that where such Lot has been sold it shall be at the Purchaser’s risk from the fall the hammer or time of sale if sold privately. In the event that the purchasers exercises the right or re-examination in accordance with Condition Number 4 sub-section (iii) hereunder, the Lot shall remain at the Vendor’s risk until such re-examination has been completed. The Agent shall not be liable for loss, damage or injury caused by a Lot or to a Lot whether by disease, accident or otherwise howsoever arising and whether to a person in charge of such a Lot or to any third party. Any Lot purchased shall be collected not later than 72 hours after the date of the purchase (Once the full purchasing price plus associated fees has been paid to the Agents) and at the Purchaser’s expense. The Agents shall bear no responsibility for the maintenance, upkeep or wellbeing of any Lot.
- If a Lot is purchased and not paid for, the Vendor shall be entitled to retain the Lot until payment is received and in respect of the period of such retention, the Agents shall have a lien upon the Lot for all expenses including freight incurred by them or any Agent acting on their behalf in keeping, maintaining, training, treating or otherwise dealing with the Lot during such period of retention. A Lot shall not be delivered to a Purchaser until the expenses mentioned have been discharged in addition to the purchase price. Should the Purchase fail to pay for a Lot, the Agents in their absolute discretion may at any time re-sell the Lot by Public Auction or Private Sale and the deficiency (if any) resulting from such re-sale shall immediately made good by the defaulting purchaser and in default of a payment it shall be recoverable from the Purchaser as liquidated damaged. The Agent or the vendor of a lot shall be at liberty to pursue all legal remedies available to them against a defaulting Purchaser to recover the purchase price or any deficiency therein arising from the default.
- No undertaking by the Agents, 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 the Agents any legal obligation or vitiate any of the fore-going Conditions. Any person engaged to bring and take away a Lot shall do so at the cost and risks in all respects of the owners of such Lot.
3. DESCRIPTIONS OF A LOT AND STABLE VICES:
- The Agents shall not be liable or responsible for the accuracy of any information set out in the Catalogue or announced from the Rostrum 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 the Agents in respect of such of such information supplied. A Lot listed in the Catalogue is sold with its Engagements, Pregnancy Status and/or Produce Record as listed therein or announced from the Rostrum at the time of sale such information being as presented by the Vendor. The Agents will endeavour to have all Catalogue 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 in the Catalogue. 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 the Agents who act as Agents between Vendor and Purchaser shall not be liable as a party in any action or dispute that may arise between the parties.
- Subject to the right of re-examination in accordance with Condition 4 (3) hereunder a lot is sold either at the fall of the hammer or where a lot is not sold in the ring at the time of subsequent private agreement. These Conditions of Sale provide the basis for the contract between the Vendor and Purchaser. Where veteriary examination is requested and the lot successfully passes such re-examination procedure the sale is concluded at that time subject to the following important conditions,
- Any Lot which is a habitual wind-sucker, weaver or box walker or has been Nerved or has been tubed or otherwise operated on for unsoundness in wind or has shown any evidence of sweet itch and is not so described is returnable in accordance with Conditions 3(3) hereof.
- Any lot described at the time of sale as a Colt and does not at such time have two testes descended to the scrotum or is described at the time of sale as a gelding and is at such time a colt or rig is returnable in accordance with Condition 3(3) hereof.
- 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 he contends that such lot is afflicted with vice as set in Condition 3 (2)
- above then he must notify the Agents within seven days from the last day of the sale at which the Lot was purchased specifying exactly the nature of complaint that the Purchaser makes in respect of the Lot Purchased. Failure to so notify the Agents shall defeat any right or remedy the purchaser may otherwise have pursuant to these conditions or otherwise. The Agents shall them nominate a Veterinary Surgeon or other expert at the Purchasers expense to investigate the purchasers 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 the Agents the cost to the Agents 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 the Agents whose decision shall be final and binding on all parties.
- Should any dispute arise between a Vendor and a Purchaser as to any of the matters referred to in the Condition 3 (iii) hereof, it shall be adjudicated upon by the Agent at such time and in such manner as the Agents 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. The Agents shall not be liable as a party in any dispute between the Vendor and Purchaser or in any legal action arising thereof.
4. VETERINARY PROCEDURES
All veterinary examinations will have taken place prior to sale. All lots will be sold with a ‘Certificate of Veterinary Examination of a Horse Prior to Sale at Auction’ from the Vendor.
5. PAYMENT
Payment to Vendors or their authorised Agents, will be made within 30 days after the sale in respect of those animals where payment has been received from the Purchaser. In the event of a defaulting purchaser, the Agents shall not be held liable or responsible for any deficiency which may arise on the resale of an uncleared Lot. The Agents shall use their best endeavours at all times to ensure the completion of a purchaser to the mutual benefit of the Vendor and Purchaser. The Agents 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 that the Agents are for any reason unable to secure payment from the Purchaser then the Agents shall not be held liable by the Vendor for the purchase money or any part thereof.
6. DISPUTES
Subject to the foregoing Conditions, the Agents act as the agent of both the Vendor and the Purchaser and to this end, the Agents 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 Agents, the Vendor and the Purchaser shall be bound by these Conditions of Sale. The Agents 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 the Agents have paid over any purchase money, the Agents 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 between the Vendor and Purchaser they both acknowledging to the Agents 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, the Agent shall, 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 the Agent that legal proceedings have been commenced. In the event that a Vendor or Purchaser initiates legal proceedings, the Agents shall be bound by these Conditions of Sale and by an Order of Court in relation to the matter.