Conditions of Sale – Irish Charolais Cattle Society
All registered pedigree Charolais animals exposed for sale at sales held under the auspices of the Irish Charolais Cattle Society Ltd., (hereinafter called “the Society”) shall be sold subject to and in accordance with the following rules.
These Conditions (and where appropriate at auctions, these Conditions, together with the General Auction Conditions of Sale), form the basis of the contract between the Vendor and the Purchaser, and from the Contract, all conditions and warranties implied under the Sale of Goods Act 1893 and the Sale of Goods and Supply of Services Act 1980 or any other statutory enactment or implied by any law or custom or usage are expressly excluded.
In the event of a Sale by Auction and there arising conflict between these conditions and the General conditions of the Auction, these conditions shall prevail.
The consignor must be a member of the Irish Charolais Cattle Society Ltd.
In the case of purchased animals, he/she must have been officially transferred through the Charolais office to the consignors herd, a minimum of 6 months prior to the sale. The only exception is an animal purchased as a calf at foot.
PEDIGREE
A member (or his/her representative) entering an animal for any sale held under the auspices of the Society must comply with the following rules:
(a) The pedigree of each animal is guaranteed to be correct by the person whose name appears as Vendor in the sale catalogue,
(b) No liability whatsoever is undertaken by the Society or the Auctioneers for the accuracy or otherwise of the statements appearing in the catalogue or made at the sale. The vendor is responsible for such statements and for any error, omission or mis-statement.
(c) The Society reserves the absolute right to take blood samples, hair samples and/or tissue samples from any animal presented at shows and sales and to have the sample/s independently analyzed at a certified Laboratory. A sample will also be given to the Vendor for his/her own use.
(d) The Council of the Society may, prior to any Sale appoint an Inspector/s to inspect animals forward at the Sale in order to ascertain that such animals are fit for inclusion in the Sale. The Inspector/s so appointed shall be the sole judge/s as to whether or not an animal may be included in the Sale and shall have the power to debar from the Sale any animal which they consider is not of a fit standard. No Vendor will have any claim for damages in respect of any animal, which is rejected until this rule.
(e) Contravention of any of these Rules shall be reported by anyone having knowledge of the contravention, to the Council of the Society who shall take such action as it considers appropriate and may instruct the Auctioneers to reject the animal from the sale.
(f) Should any dispute arise as to the identification in the Irish Charolais Herd Book of any animal exposed for sale or as to the pedigree of any such animal, such dispute shall be referred to the Council of the Society or to such sub-Committee as the Council may appoint as Arbiters or Arbitrators and their decision shall be final
VETERINARY.
(a) Animals affected with any disease of an infectious nature are strictly
prohibited from being brought to any sale held under the auspices of the Society, and should any such animal be knowingly or negligently be brought, the Vendor will be held responsible for all damage or loss occasioned thereby. Affected animals which have been treated may be accepted provided they are accompanied by a Vet’s certificate, certifying that treatment has been given and the condition is no longer contagious.
(b) The minimum testing requirements are 60 day TB test and 30 day Brucellosis test
(c) The Bull and Female Fertility Guarantees as printed apply to the Sale.
SALE
(a) All animals exposed for sale must be the bona fide property of the Vendor/s at the time of sale and free of all liens, charges and encumbrants.
(b) The animals must be exposed for sale separately (except that a dam and her calf may be sold together if so stated in the catalogue) according to the numbers in the catalogue, except in the case of the male and female champions. The male champion will normally be offered for sale after the first twenty male lots have gone through the sales’ ring and the female champion will normally be offered for sale after the first five female lots have gone through the sales’ ring.
(c) The highest bidder shall be declared the Purchaser. In the event of any dispute the Auctioneer shall have absolute discretion either to settle the dispute or re-offer the animal immediately. The Auctioneers reserve the right to refuse any bid without giving a reason for so doing.
(d) All lots will be sold in Euro. A commission of 5% of the purchase price is payable by the Purchaser. The commission of 5% is payable by the Purchaser on all animals purchased including those purchased privately on the sale premises at the time of sale.
(e) Each animal forward at the Sale must be offered for sale by auction before any private sale shall be permitted or recognised by the Auctioneers
(f) Immediately after the sale of an animal the full price (including 5% commission) thereof shall be paid by the Purchaser to the Auctioneers. On the full price (including the 5% commission) being paid, the Purchaser shall receive from the Auctioneers a written removal order and shall at his/her own expense remove the animal on the day of the sale or within such period as may be laid down by the Auctioneers at the commencement of the Sale. No animal shall be removed without the Auctioneer’s written removal order and any animal so removed shall be recovered by the Auctioneers summarily without further warrant.
(g) In the event of any Purchaser not paying for and or not removing the animal purchased in compliance with the preceding Clause, hereof the Auctioneers of the Society in their opinion may, without the consent of the Vendor either (i) sue the Purchaser for the price and interest there on from the date of sale at the rate of 18% per annum and for the keep of and any other expenses incurred by them in connection with such animal or (ii) resell the animal either publicly or privately and on behalf of the vendor recover from the defaulting purchaser the deficiency (if any) attending such resale and interest thereon as aforesaid together with the keep and all other expenses. The defaulting Purchaser shall have no defense to the action taken by the Auctioneers or the Society. In the event of there being any surplus after paying interest, keep and other expenses as aforesaid, such surplus shall be paid to the defaulting Purchaser.
(h) All animals are at the risk of the Vendor before Sale. Animals stalled in the Mart/Sale premises over night are strictly at the risk of the Vendor prior to the sale and at the risk of the Purchaser following the fall of the hammer. Immediately after the purchase of each animal is declared, the risk of the animal shall pass to the Purchaser, but until the price is paid the right of property shall not pass and delivery of the animal may be suspended. “Vendor’s risk” and “Purchaser’s risk” shall mean respectively “risk of any damage or injury to the animal itself, other animals, persons, property, vehicles, etc., resulting from disease, accident, negligence of the auctioneers, the Society, the Mart or of their respective servants or agents or occurring in any other way whatsoever”
(i) In the case of animals sold privately within the premises of the Auctioneers/Mart the risk and the passing of the property thereof shall be governed by the bargain made between the parties and the application of the Rule in the preceding clause shall be subject to such bargain
(j) No undertaking by the Auctioneers, the Mart or the Society or their servants to take charge of any animal after the sale or to forward it to its destination shall be held to impose upon the Auctioneers, the Mart or the Society any legal obligations or invalidate any of these Rules.
(k) Apart from the Male and Female breeding guarantees as laid down in these Rules or specifically given by the Vendor in the catalogue, all animals are sold as the stand and the Purchaser is deemed to have examined each animal and fully satisfied himself about the animal prior to sale.
(l) Purchasers have one hour from the fall of the hammer to make complaints/objections, which must be in writing to the Auctioneer’s office at the sale premises.
(m) If any person shall purchase a lot and not pay for it, nothing contained herein shall preclude the Auctioneers or the owner of the lot from compelling the purchaser to pay for it. Alternatively if the Auctioneers or Vendor shall so think fit, the lot may at any time be resold by public or private sale and the deficiency (if any) attending such re-sale shall be immediately made good by the defaulter at this sale
(n) No money will be paid to the Vendor of any lot unless the lot be paid for and cleared by the Purchaser. The Auctioneers, the Mart or the Society will not be answerable for any deficiency that may arise on the re-sale of uncleared property, nor will the said parties be responsible for the price of any lot delivered without the Auctioneer’s/Mart’s written removal order.
OVERSEAS PURCHASERS AND RE-TESTS
(a) All animals sold for export are offered for sale subject to passing the required tests for Tuberculosis and Brucellosis. Any other test/re-test required by the Purchaser must be arranged with the Vendor/s prior to sale and notified to the Auctioneers/Mart in writing.
(b) All tests/re-tests must be carried out within six months after the day of sale. If the Purchaser does not test/re-test within the six months period he is bound to accept and pay for the animal unless otherwise agreed with the Vendor.
(c) All tests/re-tests must be carried out on the premises of the Vendor. Before any test/re-tests are carried out the Purchaser must have deposited with the Auctioneers/Mart 25% of the purchase price – this deposit must be paid to the Auctioneers/Mart on the day of sale. The remainder of the purchase price will fall due to be paid whenever the results show that the animal has passed those tests required under the test/re-test agreement. In the event of the animal failing to pass the test/re-test the sale will be cancelled and the deposit refunded (unless otherwise agreed by the Vendor)
(d) The full purchase price and any expenses payable by the Purchaser will be paid to the Auctioneers/Mart before the animal will be exported from the Republic of Ireland.
COMMISSION
All animals will be sold in Euro + 5% commission. This includes animals, which may be sold privately on the premises at the time of the sale.
GENERAL
(a) Without prejudice to the foregoing Rules it is hereby expressly declared that the Vendor by selling and the Purchaser by purchasing any animal shall be bound by the above Rules notwithstanding the terms of any statutory enactment or custom of trade to the contrary.
(b) The Auctioneer is Judge of the Sale, to whom all disputes and differences of any kind which may arise at and in relation to the Auction, wither between Vendors and bidders or among bidders themselves shall be referred and his/her decision shall be final and binding on all parties.
(c) Any dispute as to any matter for the settlement of which no provision is made in these Rules shall be referred to an Arbiter or Arbiters to be appointed, failing agreement between or amongst the parties, by the Auctioneers or by the Society. The decision of the Arbiters so appointed shall be final and binding on all parties to the dispute. Any Arbitration under this Clause shall be subject to the provision of the Arbitration Act for the time being in force in the Republic of Ireland and shall be deemed to be a reference to Arbitration thereunder.
(d) The Auctioneers act as Agents for the Vendors and any action taken by a Purchaser must be against the Vendor and not against the Auctioneers, the Mart or the Society and vice verse. No responsibility whatever rests with the Society, the Mart or the Auctioneers in regard to the qualifications of the animals sold by Auction and all purchases must be made on this distinct understanding.
(e) Original importations cannot be exported
(f) Vendors must leave each of their sold animals with a strong halter suitable for transit. Vendors not complying with this Rule will be subject to a fine of €20 per animal
(g) Neither the Society, the Auctioneers or the Mart shall be responsible for any injury, damage or loss sustained by any person or animal on the premises of the Auctioneers or the Mart whether as a result of the negligence of the Auctioneers, the Mart or the Society or of their respective servants, or Agents or otherwise.
FEMALE FERTILITY GUARANTEE
Any cow or heifer that is stated by the Vendor as having been served or artificially inseminated not less than 12 WEEKS before the date of the sale shall be guaranteed in calf to the service date or date of artificial insemination and to the bull stated, unless any alteration to the service particulars is announced from the rostrum or by the Vendor at the time the animal is sold.
Claims on females in this section must be made by 6.00 p.m., or within one hour from the fall of the hammer, on the day of sale.
The term “running with the bull” implies no guarantee of pregnancy unless specifically stated by the Vendor at the time of sale.
All heifers, unless sold suckling their dams, carry a guarantee of fertility. Any heifer, which is calved down prior to attaining the age of 36 months, shall be deemed to be fertile for the purpose of this clause.
Claims in the case of a maiden heifer which proves incapable of breeding because of malformation or abnormality of the genital system, shall be made not before the animal reaches 27 months of age and no claim will be admissible after the animal has attained 36 months of age.
Calves, sold at dam’s foot are given to the Purchaser free. No guarantees apply unless specifically given by the Vendor at the time of sale.
All other unserved females are guaranteed fertile up to a maximum of 6 calendar months from the date of the last calving.
Claims under this clause must be made within this time period.
No claim will be admitted under these rules where it can be proven that a cow or heifer is carrying a mummified calf, or has aborted or re-absorbed a foetus and no guarantee is given or implied that any cow or heifer will carry a calf full time.
All claims, which may be competent under the Female Fertility Guarantee, must be submitted in writing to the Vendor and the Secretary of the Society. In respect of females purchased for export a claim must be made prior to the shipment of the animal
Claims must be accompanied by a Veterinary Certificate, a note of all natural services and artificial inseminations and veterinary treatments by the Purchaser or his Veterinary Surgeon. In notifying a claim the Purchaser must allow access to the Vendor and/or his Veterinary Surgeon, to the animal, with the rules of good pedigree animal husbandry applying at all times.
To establish a claim the Purchaser and Vendor shall mutually agree upon a Veterinary Surgeon to examine the animal and failing agreement within three weeks after the receipt of the claim by the Society, a Veterinary Surgeon shall be appointed by the Society. In his certificate the Veterinary surgeon must state or not the condition of the animal was due to any injury or disease contracted since the sale. Should the Veterinary surgeon’s certificate establish the Purchaser’s claim the Vendor shall be bound to accept delivery of the cow or heifer (subject to the Dept. of Agriculture regulations under the Bovine T.B. eradication and Brucellosis eradication schemes) and refund to the Purchaser the full purchase price of the animal which shall be at the Vendor’s risk 7 days from the date of the notification to the Vendor of the Veterinary Surgeon’s decision. Failing agreement between the Vendor and the Purchaser the Society shall decide by which part the Veterinary Surgeon’s fees and expenses shall be paid and this decision shall be final and binding on both parties.
BULL FERTILITY GUARANTEES
CONDITIONS
1. That they apply to bulls bought for export only so long as they remain in the Island of Ireland.
2. That incapacity due to injury from whatever cause, or to illness suffered or contracted after the date of sale is not covered by the Guarantee.
GUARANTEE
All animals are sold as they stand and the purchaser is deemed to have examined each animal and fully satisfied himself about the animal prior to the sale.
The Vendor guarantees that each bull is capable of getting stock, by natural service, from fourteen months of age which shall be deemed to be fulfilled as soon as five females or fifty per cent, whichever is the lesser number of animals put to the bull are in calf to the bull by natural service subsequent to the Sale.
While all bulls are sold as potential breeding stock, due to their age at the time of Sale, their fertility cannot be proven. The Vendor therefore indemnifies the Purchaser against infertility by including with the Sale a certificate of Insurance to cover the foregoing guarantee. The amount insured will be the total purchase price of the bull.
The foregoing guarantee is subject to the following conditions: –
(a) The bull shall be fairly tried with a view to him putting a female in a state of pregnancy by natural service within two months of the date of sale, or within two months of attaining the age of fourteen months, whichever is the later.
(b) If, upon purchase of the bull, it is found impracticable for the Purchaser to fairly try the bull within the period stated at (a), due to the Purchaser’s normal calving programme, the Insurers must be informed in writing immediately after the Sale, of the month in which it is proposed to commence using the bull. At the discretion of the Insurers the date of commencement of the trial period may be extended to the first day of the month in which the Purchaser has notified them as aforesaid that he proposes to commence using the bull. The Insurers shall not unreasonably refuse to extend the time and in any event shall communicate its decision in writing to the Purchaser within seven days of receipt of the said notice from the Purchaser.
(c) The Purchaser shall give notice in writing by registered post to the Insurers of an inability of the bull to put a female in a state of pregnancy by natural service, or a suspected inability in this respect before the expiration of three months from the date of sale or of the bull attaining fourteen months, or any extension of the commencement of the trial period granted pursuant to (b) above, whichever is the later.
(d) On receipt of the notice referred to in ( c) the Insurers shall forward to the Purchaser a Bull Fertility Report form which must be completed by a Veterinary Surgeon and returned to the Insurers within 30 days of the date of issue, accompanied by a Certificate by a Veterinary Surgeon declaring that the inability to put a female in a state of pregnancy by natural service is not the result of injury, accident, disease or neglect happening after the sale, and that he has examined the females on which the bull has been tried and has found them in a normal breeding condition and that they are not responsible for the bull’s inability to put a female in a state of pregnancy by natural service.
(e) The Purchaser shall (if required) allow a Veterinary Surgeon appointed by the Insurers to examine the bull.
(f) In the event of the Insurers and the Purchaser failing to agree on whether or not the bull is capable of fulfilling the guarantee in accordance with the forgoing provisions, or in the event of any other dispute arising between the parties concerning the implementation or interpretation of this guarantee, the said dispute shall be and is hereby referred to arbitration by a single arbitrator, to be agreed between the Insurers and the Purchaser (or in default of agreement to be nominated by the President for the time being of the Incorporated Law Society of Ireland) such arbitration to be conducted in accordance with the Arbitration Acts 1954 and 1980. The aforementioned referral to arbitration shall be a condition precedent to the commencement of any other legal action.
(g) All claims will be between the Purchaser and the Insurer. The Vendor will not be under any liability whatever to the Purchaser in respect of any loss sustained by the Purchaser however this loss arises and whether it be consequential or otherwise.
(h) The Society, the Auctioneer or the Mart Management/Owners will not be under any liability whatever to the Purchaser in respect of any loss sustained by the Purchaser howsoever arising, whether it be consequential or otherwise.
(i) The Insurers referred to in this guarantee are:
FBD Insurance Plc., FBD House, Bluebell, Dublin 12. Tel. 01 – 4093200
GENERAL
(a) In cases where the Vendor insures against his liability under the Guarantees the Insurers shall take over the whole rights and Liabilities of the Vendor under the Guarantees and Procedure Rules.
(b) All veterinary regulations under the Guarantees must be strictly adhered to and the rules of good pedigree animal husbandry must apply at all times.
(c) Under no circumstances will the Vendor be liable for more than the purchase price of the animal.
(d) The guarantees required by the Society in conditions of entry for official sales and given by the Vendor, are binding only between the Vendor and the Purchaser during the period of the guarantee. Should an animal be re-sold during the period of the guarantee the new Purchaser will not be entitled to the benefit of the guarantee unless the Vendor in a written instruction to the official Auctioneers of sale agrees that the guarantee shall be binding as between him and the new Purchaser.
(e) The Auctioneers shall be entitled to charge VAT in accordance with Government Order relating thereto in force at the time.
FOR THE IRISH CHAROLAIS CATTLE SOCIETY LTD.
AND AUCTIONEERS SO APPOINTED BY THE SOCIETY.