Terms & Conditions of Sale
Every Seller, Bidder, Purchaser and the General Public on the Auctioneers premises shall be deemed to have full knowledge of these Conditions and agree to be bound by them.
1. Entry of Livestock
(a)The Auctioneers do not bind themselves to receive all stock consigned to them for sale, or if received to expose them for sale, and they do not guarantee that stock advertised will be sold.
The Auctioneers, as a Co-operative Society, shall be empowered to refuse to accept for sale livestock submitted by a person who is not a member as to enable livestock submitted, subsequently by a member of the Society to be accepted for entry.
(b) The Auctioneers, shall determine the order of sale by ballot or other wise, as they deem expedient, and the stock to be exposed for sale shall be described by the Auctioneers at the time of exposure.
The Auctioneers reserve the right to refuse to accept the bids of any person without giving any reason.
- The highest bidder shall be the purchaser, subject to the right of the Auctioneer to refuse any bid or to withdraw any lot for which the bidding is considered insufficient. Should any dispute arise between two or more bidders, the lot in dispute shall be put up again and re-sold or the Auctioneer may declare the purchaser.
- No person shall advance at any bidding less than a sum to be named by the auctioneer and no bidding shall be retracted.
- No seller or seller’s representative shall bid for seller’s own livestock.
The Auctioneers reserve the right to fix a reserve price, or to rearrange, consolidate or withdraw any lots to vary the order of sale.
3. Private Sales
All livestock must be offered for sale in the ring. Private sales previous to auction will not be recognised. The usual commission will be charged in respect of every animal offered for auction and not sold in the ring and subsequently sold by the owner or his agent. The vendor or (failing him) the purchaser shall notify a private sale to the Auctioneers immediately and the purchase money shall be payable to them in full.
4. Name and Title Of Owners/Agents
(a) Disclosure of Owners Name: Sale for Disclosed Principal.
Each lot shall be entered in its owners name and the name of the owner of each lot as given to the Auctioneers shall be declared by them, if required, when the lot is put up for sale; and whether or not a purchaser takes advantage of such an opportunity for obtaining information the auctioneers shall for all purposes be deemed to sell as agents for a disclosed principal.
(b) Principal and Agent: Joint and Several Liabilities
Where a person who is an agent offers animals for sale, he shall be bound to disclose the name and address of his principal and in such a case both the principal and the agent shall be jointly and severally liable under the contract of sale and any steps authorised by these Conditions or by the general law may be taken against either or both of them.
(c) Warranty of Title:
All lots are accepted for sale on the terms that the seller warrants his right to sell the same and undertakes to indemnify the Auctioneers against all actions, proceedings claims, demands, costs, charges and expenses to which they may be exposed or which they may incur by reason of any defect in the sellers title.
(d) In declaring the owner and the person in whose name the herd or flock from which each animal is being offered for sale is registered, the testing history regarding each animal and the identity of the seller of each animal, the auctioneers have relied solely on such representation made to them by the seller and they accept no responsibility or liability for the accuracy or otherwise of the identification of the seller and testing information for animals and whether the seller is a dealer or is not a dealer is required to be placed on view pursuant to the Livestock Marts Act 1967 (date of test and identification of seller) Regulations 2002 (S.I. 188 of 2002)
5. Transfer of Ownership
Each lot is at the vendor’s risk until sold, but from the fall of the hammer shall be at the buyer’s risk, but the property in the livestock shall vest in the Auctioneers and shall remain so vested until the auctioneers are paid in full for the livestock.
6. Method of Payment
- Each Lot shall be at the purchasers risk from the time of purchase
- Purchasers must give their names and addresses and, if required, pay the purchase money in full immediately on the fall of the hammer, either by cash or by advised cheque. The auctioneers may, at their discretion, accept a deposit of a percentage of the purchase money.
- Purchasers paying by cheque must be in a position to produce a letter of credit from their bankers.
7. Transfer Of Stock to a Sub-Purchaser
If before a purchased animal is removed from the sale premises the purchaser resells it to some other person and notifies the Auctioneers of the name and address of the sub-purchaser, then for the purposes of these Conditions or such of them as remain applicable the sub purchaser shall be entitled to all the rights and be subject to all the obligations of the original purchaser accordingly but without prejudice to the right of the seller and of the Auctioneers as agents for the seller to hold the original purchaser liable and to pursue all lawful remedies against him, in the event of the sub-purchaser not fulfilling any of those obligation
Where a person whose bid is accepted is in fact acting as an agent he shall if so required by the Auctioneers be bound to disclose the name and a address of his principal and in such a case both the principal and the agent shall be jointly liable under the contract of sale and any steps authorised by these Conditions or by the general law may be taken against either or both of them. Where the Agent discloses the name of the Principal the Auctioneers are not obliged to seek payment from the principal, and the Agent remains liable for payment. If the principal defaults with payment then responsibility for payment remains with the person who purchases the stock in the sales ring.
8. Delivery of Stock
- No lot shall be allowed to leave the salesyard without a written order or a pass-out from the Auctioneers.
- Each lot must be cleared away at the Purchaser’s expense at the close of the sale.
- In the event of the Auctioneers being able to deliver any lot or lots to a Purchaser for any reason whatsoever which shall seem to the auctioneers to be sufficient, they shall refund the purchaser his sale price of such lot or lots only and shall not be under any liability to him for any additional sum whatsoever, whether the same be claimed by him as loss of profit or otherwise.
9. Warranties of Fitness and Description
- The auctioneers accept no responsibility for any error in description or weight exhibited in the sales ring. Each lot will be sold as it stands and no warranty is given with any animal unless expressly stated at the time of sale.
- Descriptions and pedigrees are supplied by the vendors, who alone are responsible for their accuracy.
- In the event of a heifer being in calf, or any beast having some undisclosed defect or deformity, the sale shall be voidable at the purchaser’s option provided he notifies the Auctioneers before the animal leaves the salesyard. In the case of a dispute the auctioneers reserve the right to obtain their Veterinary Surgeon’s opinion. The verdict of the Veterinary surgeon shall be considered final and the vendor and purchaser must abide by such decision. The expenses of the Veterinary Surgeon shall be borne by the loser in each instance. In any case where such an animal is one of a lot being sold the Auctioneers’ decision shall be conclusive as to the portion of the purchase price to be allowed against the animal not taken. Defect or deformity shall mean any condition, state or formation which in the opinion of a qualified Veterinary surgeon constitutes a departure from the normal and adversely affects the value of the animal and can be detected by a qualified veterinary surgeon on ordinary examination by means of sight and touch.
- No complaint will be entertained after the stock has left the sales yard premises.
10. Failure to Pay for Stock
” If any person fails to pay for any lot purchased by him the Auctioneers may:-
(a) either by themselves or their agents to retain the lot at the Purchasers sole risk until payment, and for the period of such non-payment shall have a lien upon the lot for all expenses including freight incurred by them or their agent in keeping, maintaining, treating or otherwise dealing with the lot. Such lien shall not be lost by reason of the fact that the lot is kept elsewhere than on the premises of the Auctioneers.
(b) To resell the lot at any time by private or public sale and the deficiency, if any together with all costs and charges attending such re-sale shall be immediately made good by the person failing to pay.
Such re-sale shall be without warranty or reserve and without notice to the purchaser.
11. Purchasers’ Obligations
Purchasers not complying with any or all of these Conditions of Sale will be subject, without further notice, to have their lot or lots re-sold either by Public auction or Private contract at the discretion of the Auctioneers, and the defaulter shall be held liable for any loss and charges that may accrue upon such re-sale after taking into account the deposit, if any, paid.
12. Redress in the Event of a Dispute
In the event of a dispute the purchaser’s redress, if any, shall be against the vendor and the vendor’s remedy shall be against the purchaser, and not against the Auctioneers who act as agents between the vendor and the purchaser.
- The auctioneers shall not be responsible for any accident (not arising out of their negligence) which happens to any person while on the sale premises.
- The auctioneers accept no responsibility in respect of any damage or injury caused to any animal in the salesyard or precincts thereof from any cause whatsoever. All animals will be at the sole risk of the owners and must be attended by the owner or his agent during the sale and until the buyer takes delivery.
- It shall be the Vendor’s responsibility to ensure declared as being eligible for export at the time of sale. No liability shall rest with the Auctioneers for failure to declare any beast as being export tested.
- Every Vendor and every bidder and purchaser shall be deemed to have full knowledge of these Conditions and to agree to be bound by them.
14. General Conditions
Liability of Auctioneers / Unsoundness / Descriptions
(a) The Auctioneers act in all respects only as agents for the seller and it shall be deemed that no condition or warranty expressed or implied has in any circumstances been given by the Auctioneers or any servant of the Auctioneers, whether as title, description, the quality or merchantability of any lot sold or otherwise. The Auctioneers and their servants shall not incur any liability to the purchaser in respect of any announcement or statement relating to or affecting any lot offered for sale whether made orally or in writing and whether given before, during or after the auction, nor shall they incur any liability in relation to any dispute between any purchaser and seller
(b) Purchasers should ensure that they receive on day of sale correct Passports for all animals. The auctioneer shall not be liable for any losses incurred by purchasers due to any discrepancies or otherwise in Passport documentation if not brought to the attention of the auctioneers on day of sale. The authenticity of the Passport in regard to the premium status is the responsibility of the sellers.
The Auctioneers shall not be responsible for any accident that happens to any person, stock, vehicle or other property while on the Marts premises.
Each lot shall be taken away by the Purchaser / Seller at the end of the sale, except where the owners have made prior arrangements with the Auctioneers. However the Auctioneers accept no responsibility for stock left on mart premises overnight.
Entry to Premises
The Auctioneers reserve the right to exclude or remove any person from the Mart premises without giving any reason.
Commission Charges/Entry Fees
The scale of commission charges / Entry fees / European Involvement Fund Levy payable by the Vendor and the Purchaser shall of those fixed from time to time by the Auctioneers, and may be displayed on the Mart
Notice Board. The Auctioneers shall be entitled to fix preferential Commissions / Charges to apply to members of the Society.
15. Special Conditions
a) Sale of Heifers
All stock entered or sold in the heifer section are deemed to be maiden heifers unless otherwise stated at the time of sale and the seller shall be responsible for any claims arising.
(b) Sale of Dry Cows
All stock entered or sold in the dry cow section are deemed not to be in calf unless other wise stated at the time of sale and the seller shall be responsible for any claims arising
(c) On the Market Selling
The Auctioneers operates an “ On the Market System of Selling” lots are deemed to be “On the Market” from the commencement of bidding. On the fall of the hammer the seller has the option of withdrawing the lot in question if he considers the bidding insufficient in which case this lot shall be declared unsold by Auctioneers reserve to themselves the right to add, cancel, alter, or otherwise modify these general conditions, or any of them, from time to time at their sole discretion.
The Auctioneers may also adopt further Special Conditions, from time to time, as regards the sale or sales of any particular class or classes of stock, and in the event of the Special Conditions being repugnant to, or
inconsistent, with the General Conditions, the Special Conditions shall prevail as regards the sale, or sales, to which they apply to the extent only that they are not repugnant or inconsistent.
16. Special Conditions
The Conditions of Sale, with any additions, cancellations, alterations, or modifications, and also the Special Conditions, shall at all times be displayed on the Mart Notice Board in the Mart Premises.
The above Conditions of Sale have been approved by the Board of Management of Mountbellew Regional Co-op Livestock Mart Society Ltd.
The word “Auctioneers” wherever it occurs in the foregoing Conditions of Sale shall mean the Mountbellew Regional Co-op Livestock Mart Society Ltd. and the word “Auctioneer” shall mean the person appointed by the said Society to conduct the sale on its behalf.