Leominster Horse, Pony & Saddlery Sale. Friday 6th October 2017

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1 Leominster Horse, Pony & Saddlery Sale Friday 6th October 2017 at Easters Court, Leominster, HR6 0DE Saddlery Sale at 11.00am, Horse and Pony Sale at 11.30am The UK s Number 1 Monthly Horse & Pony Sale brightwells.com

2 Location Map For further information please call or Brightwells Auctioneers, Horse and Pony Dept., Easters Court, Leominster, Herefordshire, HR6 0DE Fax

3 Leominster Sale of Horses & Ponies The Sale will be conducted at Easters Court, Leominster HR6 0DE. There will be a 3.00 per vehicle parking charge at this sale. These Conditions are supplementary to the Auctioneers Standard Conditions printed herein and prevail as to definition THE SALE CONDITIONS Have been revised in accordance with up-to-date Veterinary Practice and with a view to protecting the rights of our clients to even greater degree. You are advised to especially study our revised conditions of sale. COMPLAINTS CAN ONLY BE MADE UP UNTIL 5pm ON THE FOURTH DAY (Tuesday) FOLLOWING THE SALE DAY. Lots which are sold with a hammer price of 400 or less are sold as they stand ; with all other questions of description and veterinary condition being entirely at the risk of the purchaser. VETERINARY PROCEDURE Veterinary Surgeons appointed by the Auctioneers are available through the Auctioneers Office to examine horses on behalf of Vendors and Purchasers. In the case of Purchasers, they are prepared to examine horses on their behalf as to whether they are correct under the Conditions of Sale. The Veterinary Surgeon s decision that a horse be returnable is binding on both parties. All horses should be vetted for eyes, heart, action, age and ascertainment of catalogue descriptions for a fee of inc VAT, unless when they are sold for 400 or less, when they are then sold as seen with no veterinary warranty or guarantee as to catalogue description implied or given. Please note all the heights stated in the catalogue are approximate. Purchasers must notify the office that they require examination within 1 hour of the time of purchase and receive a vetting slip to enable examination to take place. It is emphasised that the facilities are not available to undertake a full veterinary examination but part veterinary examination should take place. Only Lots that are examined by the panel on the sale day have an extended period of 2 working days (Including Saturdays) to enable complete veterinary examination. For the purpose of Conditions only - The Purchaser is described as the person who makes payment for the Lot on Day of Sale and whose name and address is entered on the Receipted Account. It should be noted that any Statement in the Catalogue is not enforceable if the transaction is not booked through the Auctioneers. Please ensure that your lot has adequate food and water throughout the sale day. The Auctioneers reserve the right to random blood test, for prohibitive substances, any horse on the day of sale. WARNING CERTAIN PERSONS DELIBERATELY TRY TO BUY HORSES AND PONIES OUTSIDE THE SALE CONDITIONS. THE ONLY REASON THIS IS DONE IS TO OBTAIN LOTS CHEAPER THAN THROUGH THE AUCTION DOGS MUST BE KEPT ON A LEAD AT ALL TIMES HARD HATS MUST BE WORN BY RIDERS AT ALL TIMES. NO PRAMS OR PUSHCHAIRS ARE ALLOWED IN THE PENNING COMPOUND AT ANY TIME

4 PASSPORTS NOTES The Horse Passports (England) Regulations 2004 state that after 28 th February 2005 no person shall sell a horse without a passport. All Horses and Ponies (except foals sold at foot which are under 6 months of age) entered at Brightwells Sales after February 28 th 2005 must travel to the sales with their Passport. Passports must be surrendered to the Auctioneers on arrival at the sale site. If no passport is presented we will be unable to offer that entry and all entry fees will be forfeited. The authenticity and accuracy of each entry's passport is the sole responsibility of the vendors. Any inaccuracies that may occur must be dealt with between vendor and purchaser. It is the buyer s responsibility to transfer the passport into their name within 30 days of the sale with the relevant Passport Issuing Organisation (PIO). IMPORTANT NOTICE Only horses entered in the Sale are allowed entry to the Sale Site. Any other horse or pony that is not catalogued will be charged a per head park up fee. These horses and ponies must remain in their vehicles at all times and are not to be offered for sale. The fee may be waived under special circumstances subject to prior arrangements at the Auctioneers discretion. Trading Standards Office (Local Authority) require that all clipped out horses and ponies must be presented for sale rugged up with a suitable New Zealand or waterproof rug when they are standing in the open-air sale pens. In addition, no temporary covers to be erected over the sale pens by vendors. TRIAL RIDES Trial rides for any prospective purchaser may be offered at the vendor s discretion, on the understanding that all risk and responsibility for any incidents or accident are at the risk of the trial rider and not with the vendor, vendor s agent or the auctioneers. LORRY & CAR PARK Gates open at 7.30am All persons attending this sale must follow the directions of Brightwells staff and park where instructed. All lorries and cars will have to park in the prescribed parking areas - we hope everyone will cooperate and follow the instructions of our staff. COMMISSION & BUYERS PREMIUM Horses & Ponies will be sold in Pounds ( ) Sterling Vendors will be deducted 6% + VAT Commission from the Hammer Price. There will be a minimum commission of 20 +VAT. Purchasers will be charged 10% + VAT Buyers Premium on the Hammer Price. PURCHASER REGISTRATION AND PAYMENT TERMS Purchasers will be required to pre-register and obtain a buyer s number. All Lots must be paid for prior to collection. Cheques will only be accepted from persons previously known to the Auctioneers, unless arrangements are made with Barclays Bank Business Centre, Hereford. Cash and all major credit cards are accepted. For those paying by Credit Card (other than debit and switch cards) a 3% (plus VAT) Bankers Charge will be added to all purchasers accounts. ADDITIONAL CONDITIONS OF SALE H.M. CUSTOMS AND EXCISE RULES Would all vendors note that we (Brightwells Auctioneers) will raise a self-billing tax invoice for the proceeds of any goods in this or any other sale held by us? It is a Customs and Excise requirement that this is the only tax invoice raised for those items. We must have your VAT registration number (where appropriate) together with your name and address for inclusion on any self-billing tax invoices raised by ourselves. You must notify us immediately if your VAT registration number is cancelled, or if you are issued with a new registration number. Any Vendor not agreeing to this system of self-billing tax invoices being raised by us must notify us prior to the commencement of the sale. Regrettably, we can only operate with a self-billing system in place, and therefore will not sell the goods of any Vendor who is unable to accept this system. Royal Institution of Chartered Surveyors Rules of Conduct This market / auction sale is not required to comply with RICS Members Accounts Regulations. No monies paid to this sale are covered by any scheme for the protection of clients money operated by the Royal Institution of Chartered Surveyors. A more detailed explanation can be obtained in writing from the RICS Regulations Department, Surveyor Court, Westwood Way, Coventry CV4 9JE.

5 Sale commences at 11:30am A MESSAGE FOR ALL VENDORS WITH ENTRIES IN THIS SALE. Brightwells Malvern & Leominster Horse & Pony Sales Facebook Page. Please make use of our Facebook Page to further promote your entries in this sale, by uploading any photos or videos of them onto our October 6 th Leominster Sale Event Wall on the Brightwells Malvern & Leominster Horse & Pony Sales Facebook page. When uploading, please ensure you post them on the 6 th October Sale EVENT WALL to avoid any confusion as to which sale they are entered in. Lot Vendor 1 The Property of Hurst Farm VAT THREE MMM S (GB), 6-YEAR-OLD, BAY MARE, 16.2HH APPROX. Sire: Milk It Mick (GB) Dam: Marinaite (GB) by Komaite (USA) Registered: Weatherbys A big and fine-looking mare who has been covered and is believed in foal to Yorgunnabelucky (USA). 2 ELUSIVE FLASH, 13-YEAR-OLD, BAY MARE, 16.1HH APPROX. VAT Sire: Freud (USA) Dam: Giana (USA) by Exclusive Era (USA) Registered: Weatherbys A fine big mare who has not been covered in Previously placed in a Group 3 race as a 3-year-old, with her previous progeny realising sale prices of 320,000 (yearling), 45,000 (yearling) and 10, (foal). 3 SOLARMAITE, 8-YEAR-OLD, BAY MARE, 16HH APPROX. VAT Sire: Needwood Blade (GB) Dam: Marinaite (GB) by Komaite (USA) Registered: Weatherbys A nice big, 4-time dual winning mare with a good pedigree. Covered and believed in-foal to Yorgunnabelucky (USA), she is expected to produce a smart future race winner or eventing prospect. The Property of Mr N Deakin 4 ANNIE, 9-YEAR-OLD, CHESNUT MARE, 16.1HH APPROX. Registered: Irish Horse Register. Annie has previously done plenty of hunting and hunter trials, when she was in Ireland. Brilliant in traffic and in open spaces, lives in or out and can be turned out with both mares and geldings. The Property of Mr L Murphy (IRE) 5 UN-NAMED, 6-YEAR-OLD, BAY GELDING, 16.1HH APPROX. By an Irish Draught stallion and out of a thoroughbred mare, this lovely, quiet natured young horse has been broken, ridden away, jumped a course of show jumps and last season was hunted on several occasions in Ireland. He is good to catch, handle, shoe and load, and is a horse who will turn out to be your best friend. The Property of Mrs A Watkins 6 JICOTE, 8-YEAR-OLD, PIEBALD GELDING, 15.1HH APPROX. A very handsome gelding by a Dutch Warmblood stallion. He is excellent to box and shoe and has been used at the farriery college for student s examinations. Has done fun rides, is 100% in heavy traffic but is not a novice ride.

6 The Property of Mr M Grist 7 BRONWEN GOCH, 4-YEAR-OLD, BAY MARE, 16HH APPROX. Sire: Maesmynach Cymro Coch by Maesmynach Flyer Dam: Crumpwell Casara by Nesscliffe Dictator out of Casara Registered: Welsh Pony & Cob Society (WPCS WPBR) Bronwen is of real quality, with a lovely floating action, as well as being quiet to box, shoe and catch. She was broken in the winter, turned away in the summer to mature and has now recently, been brought back into work, where she is coming on nicely. This is a genuine sale, as we are reducing stock. Bronwen would make a lovely mare, for the show ring, as a hunter or with further schooling, for competition. 8 The Property of Mrs S K Evans VAT DIRECTOR, 3-YEAR-OLD CHESNUT GELDING, To make 16HH+. Sire: Velvet Heights (TB) by Touch Of Pride Dam: Rambling Rose (ID) by Rusheen Lad (ID) out of Limerick Rose Registered: Irish Draught Horse Society and Sport Horse Breeders (GB) Homebred gelding, who is quiet to handle, good to load and with the farrier. He has been shown a few times and has won and been placed each time including: Four 1 sts, Seven 2 nds, Four 3 rds as well as 4 th in the Hunter Young Stock Class at The Royal Welsh Show The Property of Miss A Collins 9 FINGAL FLYER (Gucci), 9-YEAR-OLD BAY GELDING, 16HH APPROX. Sire: Broadway Flyer (USA) by Theatrical Dam: Cyrils Top Girl (IRE) Registered: Weatherbys Gucci, has done a little bit of everything, including show jumping, cross country and dressage. He hacks out alone or in company and is good in traffic, to clip, box (lorry or trailer) and shoe. A really loving boy that adores fuss and attention. He has a small splint on his near-fore, but it has never caused him to be lame. The Property of Ms T Carlisle 10 YSEULTE-BRYONY, 8-YEAR-OLD, BLACK MARE, 15.1HH APPROX. Sire: Wild Law (GB) (TB) Dam: Yseulte-Astra by Hendrewen Viking out of Arabella (TBX) Very good looking, all black, thoroughbred cross mare. Homebred, she is wellhandled, easy to catch, good with the farrier and loves being groomed. She has been running with stallion Llanidan Pearly Prince (WPBR), who is a 14hh Hackney x Welsh Cob and is believed to be in foal. 11 The Property of Wood Farm Stud VAT UN-NAMED, 3-YEAR-OLD BAY FILLY. Sire: Mahler (GB) by Galileo (IRE) Dam: Wet And Dry Registered: Weatherbys 12 UN-NAMED, YEARLING (2016) BAY FILLY. VAT Sire: Malinas (GER) by Lomitas (GB) Dam Lady Lace by Registered: Weatherbys The Property of Mrs K Simpson 13 MISTY, 11-YEAR-OLD, CHESNUT MARE, 15HH APPROX. A great all-rounder, and a very able jumper for the more experienced rider. Misty has been to many local shows, where she has been placed on lots of occasions.

7 The Property of Mrs M Smith 14 DOLLY, 5-YEAR-OLD, BLACK & WHITE MARE, 15.2HH APPROX. Dolly is a traditional looking, ride and drive mare that comes to call. She has been shod, and has been used for school prom s. Good with adults and children, as well as to box, shoe and catch. She has been in the same home since she was 5 months old and is only being sold due to her owner s ill health. The Property of Mr I T Dark 15 HIGHMEAD SHEER CHALLENGE, 6-YEAR-OLD, BAY GELDING, 148cm APPROX. Sire: Highmead Forever Free by Keston Tibune Dam: Syon Sheer Joy by Keston Tribune out of Jeronime Registered: National Pony Society (NPS). A quality riding pony who has recently been broken and is going well. A gentleman, both in and out of the stable he is now looking for a knowledgeable home, to further blossom and reach his full potential 16 The Property of Shade Park Stud VAT UN-NAMED, BAY FILLY FOAL (2017). Sire: Fair Mix (IRE) by Linamix (FR) Dam: Lady Willow (GB) by Alflora. This filly has been well-handled. 17 UN-NAMED, BAY FILLY FOAL (2017). VAT Sire: Recharge (IRE) by Cape Cross (IRE) Dam: Bellamy Bay (GB) by Black Sam Bellamy out of Cormorant Bay. This filly has been well handled. The Property of Miss L Grosvenor 18 MISS COURT S LAST MARENGO (Missy), 11-YEAR-OLD, BAY TOBIANO MARE, 14.2HH APPROX. Registered: CHAPS. Missy is a Welsh x mare with a temperament to die for. She is a very sweet and lovable pony that is great around children and dogs. Missy loves Fun Rides, Show Jumping, Cross Country and Hunting, and would excel in any area with the right rider. Would make a lovely Pony Club, Hunting or Showing pony and loves hacking with others, but needs a confident rider around traffic and when ridden on her own. Perfect to catch, load, clip and shoe, she has been out of work for a few months due to her rider s work commitments, and her now going to University The Property of Ms D Harper-Adams 19 JASPER, 7-YEAR-OLD, DAPPLE GREY GELDING, 14.2HH APPROX. Jasper is a leg-at-each-corner cob. He has been used in the riding school for one-to-one and group lessons, and been ridden by novice apprentices at the yard. He has also done Pony Club, including camp and rallies and has been out hunting with the Cotswold Vale this season. He hacks, has jumped in the riding school, is used to a busy yard and will happily live in or out with a mixed herd. Good to clip, bath, will tie up all day to be brushed, and travels in both a lorry and trailer. He is only for sale as we are losing our grazing throughout the winter. The Property of Mr N Deakin (on behalf of a client) 20 SPIRIT, 16-YEAR-OLD, BLACK MARE, 14.1HH APPROX. Spirit is being sold on behalf of a client who previously used her for hacking. Through lack of time, which is why she is for sale, she has not been ridden or used for the last 12 months.

8 The Property of Mrs M Stephens 21 DIVINE DESIGN, 7-YEAR-OLD, CHESNUT MARE, 14.2HH/145.5cm APPROX Sire: Baraka Sharlap (UY) by Zt Shaker Dam: Castlediva by Carlingford Castle (IRE) out of Bivadell Registered: Arab Horse Society (AHS) A stunning homebred mare who has been totally wasted through my ill-health and unforeseen circumstances. Her sire was a winning Arabian racehorse, whose full brother was World Silver Medal Endurance Champion and her dam was a consistent point-to-point mare from a good winning family. She has a 2015 JMB height certificate, and is a mare that could excel in many spheres. With her pedigree, I had intended to bring her on as a racing pony, but through no fault of her own this hasn t happened. She is unbroken, but well-handled, and is a kind mare with great stable manners who deserves a future. Easy to catch and do with no known vices. The Property of Ms S Howe 22 HOPE LORWETH. 7-YEAR-OLD, BLACK GELDING, 13.2HH APPROX. Sire: Hope Cadfridog by Menai Cadfridog Dam: Henfynyw Black Lady by Gweunydd Sion out of Henfynyw Llinos Registered; Welsh Pony & Cob Society. Lorweth s name translates to Handsome Lord, which is very appropriate as he is a very good-looking boy! Black with 4 white socks, he has been ridden and jumped regularly indoors by an 8-year-old (video on Brightwells Facebook Page). Has also been hacked out alone and in company by a more experienced rider who has now gone off to University, which means I now have no jockey to further his education. With his straight extravagant action and lovely conformation, he should excel in Ridden Welsh and M&M classes. Lovely temperament, lives in or out, good to catch and shoe, and goes in a trailer. Lorweth is an ideal prospect for the winter shows and for next season. 23 The Property of Mrs P Faulkner GURNOS WELSH SPY CATCHER, 9-YEAR-OLD, CHESNUT GELDING, 13.1HH APPROX. Registered; Welsh Pony & Cob Society (Section C). A real eye-catcher with 4 white stockings, a flaxen mane and tail, white blaze, and a large white area under his tummy, Spy is definitely a pony that never goes un-noticed. He has done all Pony Club activities, hacks out, and schools well in the arena. With absolutely, no sweet itch. Laminitis or any known health issues. Would also make a very flashy driver. 24 LULU, 8-YEAR-OLD, ROAN MARE, 13HH APPROX. Lulu is a quality pony of Section B type, who like our previous entry, is another real eye-catcher with very flashy markings. She enjoys beach rides with the children, and has been to Pony Club. Also, enjoys jumping and would excel in mounted games. Handled daily by children and is good with the farrier and to catch and load etc. A really kind natured pony, that is now looking for a loving family home to enjoy her. The Property of Pen-y-Bryn Riding Centre 25 WILLIAM (Bill), 8-YEAR-OLD, PIEBALD GELDING, 12.2HH APPROX. Bill is a super stocky type that has been used in the riding school for lessons and hacks. Quiet in traffic, he is suitable as a lead-rein or as a 2 nd pony. He has also done gymkhana games, mini jumping and pony days. Easy to catch, box, trim etc.

9 The Property of Pen-y-Bryn Riding Centre 26 RAINBOWS RUMOUR HAS IT (Wispa), 5-YEAR-OLD, CHOCOLARE ROAN MARE, 12.2HH APPROX. Wispa is a super little riding pony. She is quiet to ride on and off the lead rein, and has been used with us in the riding school for, lessons, hacks, gymkhana games, mini jumping and on pony days. Good to stand and be groomed, she has a lovely nature in and out of the stable. Shown by her previous owner, she is also easy to catch, box and shoe etc. The Property of Mrs P Faulkner 27 EDERN COCHLAS, 15-YEAR-OLD, RED ROAN MARE. Registered: Shetland Pony Studbook Society. Cherry is such lovely Shetland pony. Red roan in colour and is ridden regularly both on and off the lead rein by children. Easy and sensible to handle, does not bite, kick or barge and has no nasty habits. Does Pony Club rallies and can be led from another pony. Stands tied up for ages, to be groomed and fussed over and has no laminitis or sweet-itch. Very well bred and could also be used as a broodmare. The Property of Miss A Davies 28 FELICITY, 10-YEAR-OLD BLACK MARE, 9HH/37 APPROX. A super cute and friendly Shetland mare. Handled by children, is extremely easy to do, and is excellent to catch, bath, rug and to have around. Fliss is bold and forward going, has been used on the lead-rein by small tots, and could also make a super ride and drive. Late Entries for the Supplementary Catalogue, will be taken up until 9.00am on Thursday 5 th October, and can be made online at Brightwells.com Next Leominster Horse & Pony Sale Friday 3 rd November Entries Close Wednesday 25 th October Be Up to Speed Like our Facebook page facebook.com/brightwellsmalvernandleominstersales

10 LEOMINSTER HORSE & PONY SALE AUCTION CONDITIONS OF SALE All horses and ponies in this sale are subject to the following conditions of sale, and will be sold under The Auctioneers General Conditions of Sale (which are available on request and are displayed in the sales office on day of sale) Lots which are sold for a hammer price of 400 or less will be sold as they stand; with all other questions of description and veterinary condition being entirely at the risk of the Buyer. 1. ENTRY (1) A horse shall be entered for a sale on completion of an entry form by or on behalf of the Seller and upon payment to the Auctioneer of the prescribed entry fee. (2) On completion of the entry form, which the Seller warrants is complete and correct; they undertake to bring forward the entry for sale. They are warned that the Auctioneers reserve the right to refuse future entries from Sellers who without good reason have failed to fulfil their obligation to present all Lots for Sale. (3) In the event that the Seller wishes to place a reserve on a lot, the amount of the reserve must be specified in Pounds Sterling on the entry form or the Reserve and Additional Information Sheet. Unless written instructions are lodged with the Auctioneers either on the entry form or the Reserve and Additional Information Sheet provided by the Auctioneers, lots will be sold without reserve. (4) The Seller warrants to the Auctioneer and to the Buyer that on the day of the Sale, the horse will have no contagious diseases, and produce a DEFRA approved passport except foals sold at foot which are under 6 months of age. 2. COMMISSION, BUYER S PREMIUM & SELLING FEES (1) The Seller will pay to the Auctioneer a commission of 6% of the hammer price of each Lot plus VAT. There will be a minimum commission of 20 +VAT. (2) Where a horse is Bought In the Seller will pay a minimum commission fee of 100 plus VAT or 6% of the hammer price, (whichever is the greater). (3) Commission is payable in full by the Seller to the Auctioneers even if a horse is subsequently returned by the Buyer to the Seller in accordance with the complaints procedure hereunder or for any other reason. (4) In the event that a horse is sold subject to veterinary examination and in the event that a horse is returned by the Buyer in accordance with a veterinary certificate obtained on the day of the Sale, then the Seller shall pay to the Auctioneer a commission of 3% of the gross sale price plus VAT. (5) A horse, having been entered for a Sale may be withdrawn prior to the Sale upon a payment of a withdrawal fee of 100 plus VAT in addition to the entry fee. (6) The Buyer will pay 10% + VAT buyer s premium on the hammer price. (8) Any private sale made on the day of sale must be booked through the Auctioneers. (9) An inward Sales Sponsorship levy of 0.75% +VAT i.e. 90p in every 100 will automatically be deducted from the hammer price of sold Lots. 3. CATALOGUE DESCRIPTION (1) The Auctioneer accepts no responsibility for the accuracy of any particulars of a Lot given in the catalogue. The Seller is solely responsible for any catalogue description of a Lot. (2) Upon receipt of a catalogue, the Seller undertakes immediately to check the accuracy of the relevant catalogue description of the Lot and to notify the Auctioneer immediately in writing of any correction amendment or addition that needs to be made to the catalogue description.: (3) The following words have the following meanings when used in a catalogue description: (i) Unbroken - must be quiet to lead and to halter. (ii) Partly Broken - must be capable of being ridden by a competent rider in an enclosed school. (iii) Green - must be capable of being ridden by a competent rider at slow paces in open country. (iv) Quiet to Ride - must be quiet and easy to manage and ride away, quiet and easily managed at all paces on grass, quiet and mannerly with all traffic on the road. (v) Hunter - must be quiet ride and quiet with hounds - capable of jumping a Novice Country. (vi) Jumper - must be able to jump a course commensurate with described capability when ridden by a competent rider. (vii) Potential - where described as having potential for a specific purpose, the horse must have the physical capabilities to undertake this purpose or purposes and must be examined as such by the Veterinary Surgeon. (viii) Driving Horses - the same guarantees as apply to riding horses in respect of ii, iii, and iv above. (ix) Pony under 15 hands - must be easily manageable by a child of average competence and age appropriate to the size of the pony. (4) The authenticity and accuracy of each entry s passport is the sole responsibility of the Seller. Any inaccuracies that may occur should be dealt with between the Seller and Buyer. (5) The Auctioneers may amend or add to any catalogue description during the course of a Sale and may declare a Sale to be subject to veterinary examination or not during the course of a Sale, in which event any announcement by the Auctioneer takes precedence over any entry in the catalogue.

11 4. CONDUCT OF THE SALE (1) The Auctioneers may at their absolute discretion: (a) Refuse to accept any bid or bidder. (b) Regulate the bidding as the Auctioneer sees fit. (c) Arrange, consolidate or withdraw any Lot. (d) Cancel or postpone a Sale on account of bad weather or other supervening causes. In the event that a Sale is cancelled, moved, or rearranged, the Auctioneer shall not be liable to pay compensation to any Seller, Bidder or any other party. (2) The Seller reserves the right to bid through the Auctioneer acting as the Seller s agent. (3) The Buyer shall be the highest bidder and the person who makes payment for the lot on the day of Sale and whose name is entered on the receipted account. In the event of a dispute between two or more bidders as to which is the Buyer, the Auctioneer shall have the right to declare the buyer or at the Auctioneer s discretion, to immediately re-offer the disputed Lot for sale. (4) The Buyer shall immediately on the fall of the hammer inform the Auctioneer of the Buyer s name and address and provide any proof of identity that the Auctioneers may require. Failure in this respect entitles the Auctioneer immediately to offer the Lot for re-sale and the original Buyer shall be liable to make good any difference in price to the Seller. (5) Any Buyer bidding as agent for a Principal shall be deemed to have bid on his own behalf as well as on behalf of his Principal and the highest bidder shall be personally liable along with the Principal to the Seller. (6) To gain entry on the Sale Premises all lots must travel with their Passport. (7) All lots will be checked in through the gates and no lot will be able to leave the Sale Premises until a pass has been obtained from the Auctioneer s Office. (8) The Auctioneers reserve the right to random and/or at the request of Buyers, blood test any entry for substances that have not been declared to the Auctioneers pre-sale. (9) The Auctioneers, under the veterinary surgeon s guidance, reserve the right to refuse entry to any lot showing symptoms of coughing or any other contagious disease. (10) All Sellers and Buyers must follow the health and safety procedures and guidelines as laid out in the Sales Catalogue and by representatives of the Auctioneers on the day of sale. 5. PAYMENT (1) The Auctioneer, at the Auctioneer s discretion, may require the Buyer to pay a deposit of 20% of the price of the horse immediately following the Sale. (2) The Buyer shall pay the Auctioneer in full for the price of the lot within 1 hour of the completion of the sale. Full payment for all Lots must be made to Brightwells within 1 hour of the completion of the sale, in pounds sterling by means of cash, debit / credit card or cheque. Cash payments are subject to a limit of 2,500 for all purchases made in this auction. Total cash payments to Brightwells Limited from any customer cannot exceed a Sterling equivalent of EUR9,999 in any single or series of related or linked transactions within a 90-day rolling period. Where the Buyer wishes to pay by cash or credit card a fee shall be payable as detailed in the General Information. Payment in this context may include the tender of a cheque in the full amount although the Auctioneer in the Auctioneer s discretion may refuse a cheque, in which event the Buyer must tender payment in some other manner (3) The Auctioneer shall pay the Seller the price of the horse less Auctioneer s commission and any other outstanding charges and expenses due from the Seller to the Auctioneer within 14 days of the day of the Sale, provided that: (i) the Auctioneer has been paid in full for the price of the horse by the Buyer, any cheque tendered by or on behalf of the Buyer having been cleared; and (ii) the Buyer has not initiated the Complaints Procedure set out below: In the event that the Buyer has initiated the Complaints Procedure, the Auctioneer shall retain the price of the Lot pending the outcome of the Complaints Procedure. (5) If the Buyer fails to make a payment in full for the Lot, and in the Auctioneers opinion the Buyer is a bona fide person (3. i) and fails to make payment in full for the Lot or Lots the Auctioneer may, at his absolute discretion, resell the Lot and the Buyer shall be liable for any shortfall in price, and any associated expenses connected with such resale. (6) The Auctioneers reserve the right to withhold any monies due to the Seller and to rescind the contract for sale if, in our opinion, the Buyer is not a bona fide Buyer and/or incapable of making a contract; i.e. not being sound of mind, being in collusion with the Seller or being under the influence of drink or drugs. 6. DELIVERY AND RISK (1) Horses sold as they stand or without veterinary examination instruction from the Buyer, shall be at the risk of the buyer from the fall of the hammer. (2) All other horses shall remain at the risk of the Seller until the issue of an acceptable Sale Day Veterinary Certificate whereupon risk shall pass to the Buyer. (3) The Seller shall deliver the horse to the place of the sale and shall provide the horse with adequate fodder and water for one night and shall provide the horse with a serviceable halter. In the event that the Seller fails to provide the horse with a serviceable halter, the Auctioneer may provide the horse with a halter and charge the Seller for the same. (4) Title in the horse shall not pass to the Buyer until the Buyer has made payment in full for the horse by means of cleared funds. Until the payment in full by means of cleared funds is made, title shall remain with the Seller.

12 (5) The Buyer shall not be entitled to take delivery of the horse until payment in full for the horse has been made. The Auctioneer may at the Auctioneer s sole discretion allow the Buyer to take delivery of the horse upon the tender by the Buyer or on his behalf of a cheque in the full amount of the price. (6) The Buyer, subject to payment in full, must take possession of the horse within 1 hour of the completion of the Sale. (7) In the event that the horse is not sold, the Seller shall take back the horse from the Sale premises within 1 hour of the completion of the Sale. (8) The Buyer authorizes the Seller and the Auctioneer as agent for the Seller to enter upon the Buyer s land to take collection of any horse in respect of which the Buyer has taken delivery but for which the Buyer has not paid in full. 7. RETURNED HORSES (1) The Buyer may return lots to the Seller if the Buyer of any lot sold with a pedigree establishes that the pedigree is inaccurate. (2) Subject to Condition Eight, the Buyer may return Lots to the Seller in accordance with the Complaints Procedure if the Buyer establishes that the description given in the catalogue in respect of a horse is inaccurate. (3) Lots may be returned by the Buyer to the Seller subject to the Complaints Procedure set out below if the horse: (i) is a wind-sucker (i.e. swallows air whether in association with grasping fixed objects with incisor teeth or not); a crib-biter is not returnable unless the crib biting is associated with wind sucking, in which case the Lot is returnable as a wind-sucker (ii) is a weaver (iii) exhibits box walking (iv) (v) (vi) has been tubed, fired, unnerved or operated upon for unsoundness of any other kind a male horse (other than a foal, a yearling before the 1st July of its yearling year) which does not have two testes fully descended to and fully palpable within the scrotum at the time of the Sale is or shall be deemed to be a rig or cryptorchid Fails to load on the Sale Day in a reasonable and acceptable way in a purpose constructed lorry or trailer (vii) Is a pacer/trotter, Standardbred horse and if the horse has not been described as such in the catalogue or verbally by the Auctioneer at time of sale. 8. VETERINARY PROCEDURE All lots are sold subject to veterinary examination unless sold for 400 or less, or otherwise stated. Veterinary surgeons are available to examine lots as to whether they are correct under the Conditions of Sale. The veterinary surgeon s decision that a lot be returnable is binding on both parties. All lots should be vetted for eyes, heart, action, age and ascertainment of catalogue descriptions for a fee of including VAT. Buyers must notify the office that they require examination within 1 hour of the time of purchase and receive a vetting slip to enable examination to take place. Sellers must check the veterinary board displayed in the Sales Office to see if their lot must be presented for veterinary examination. Sellers should not leave the Sale Site without first checking the vetting board. ALL LOTS NOT EXAMINED BY THE VETERINARY SURGEON ON THE SALE DAY WILL NOT BE COVERED BY A VETERINARY WARRANTY. It is emphasised that the facilities are not available to undertake a full veterinary examination on the day of the Sale, but part veterinary examination should take place. This part examination should include examination for warts, sarcoids or sarcoid-like lesions, which can only be complained about on the day of sale. Only lots that are examined by the panel of Veterinary Surgeons appointed by the Auctioneers on the day of the Sale have an extended two working days (including Saturdays) to enable complete veterinary examination. For the full veterinary procedure please see the sales catalogue. (1) The Seller agrees that a horse shall be sold subject to veterinary examination. (2) If a horse is sold subject to veterinary examination, the Buyer should submit the horse for part veterinary examination on the day of the Sale within one hour of the fall of hammer. (3) The sale catalogue shall set out the procedure to be followed by the Buyer on submitting the horse for part veterinary examination on the day of the Sale. (4) The purpose of the veterinary examination is to check the accuracy of the physical description of the horse given in the catalogue. The examination will not cover the matters referred to in condition 7(3) above save that the veterinary examination will be conclusive in relation to the potential of the horse. (5) At the end of the veterinary examination, the Veterinary Surgeon will provide the Buyer with a certificate stating that the horse does or does not comply with the physical description of the horse given in the catalogue. (6) In the event that the Sale day or post Sale Veterinary Certificate states that the horse does not comply with the physical description given in the catalogue, the Buyer shall not be liable to pay the price for the horse and is entitled to the return of any deposit that may have been paid by the Buyer. (7) In the event that a Buyer fails to avail himself of a veterinary examination on the day of a Sale, the Buyer cannot thereafter make complaint of matters, which would have been covered by a veterinary examination.

13 9. LIABILITY OF THE AUCTIONEER (1) The Auctioneer acts as agent of the Seller and the Auctioneer gives no warranties of any kind to the Buyer (2) The Auctioneer does not accept any liability for:- (i) The description or pedigree of the horse given in the catalogue. (ii) The physical condition or performance of the horse sold. (iii) The payment of the price by the buyer. (iv) (v) The return of any horse by the buyer to the Seller. The administration of the Complaints Procedure beyond the appointment of any arbitrator in accordance therewith. 10. COMPLAINTS PROCEDURE (1) The Buyer shall notify the Auctioneer if the Buyer claims to be entitled to return a horse to the Seller in accordance with condition 7 above or for any other reason orally by 5.00pm on the fourth day following the Sale. (2) The Buyer shall follow up this oral notification to the Auctioneer with written notification to the Auctioneer to be received by the Auctioneer within seven days from the date of the Sale. The written notification by the Buyer to the Auctioneer shall set out the grounds upon which the Buyer claims to be entitled to return the horse to the Seller. (3) Where appropriate, the Buyer shall submit, along with his written notification, a Veterinary Certificate confirming any matters in respect of which complaint is made. The failure to submit a Veterinary Certificate in circumstances where such a certificate is appropriate will mean that the Buyer s complaint will not be further entertained and the Buyer shall pay the price for the horse in full. (4) In the event that the Buyer fails to make oral or written notification of his complaint within the above timescales, the Buyer shall not be allowed to return the horse to the Seller but must make payment for the horse in full unless the buyer can demonstrate to the satisfaction of the Auctioneer that it was not reasonably practicable for the Buyer to discover the complaint and to notify the Auctioneer of the same within the above timescales. However, in no circumstances whatsoever may the above time limits be extended beyond a period of 14 days after the date of the Sale. (5) On receipt of a written complaint together, where appropriate, with a Veterinary Certificate, the Auctioneer shall send a copy of the complaint and the Veterinary Certificate to the Seller and the Auctioneer shall appoint a suitable person to act as Arbitrator. The task of the Arbitrator will be to examine and determine the complaint. The name of the person appointed by the Auctioneer to act as Arbitrator shall be notified by the Auctioneer to the Seller and the Buyer. The Auctioneer shall thereafter have no further responsibility in respect of the Complaint Procedure. (6) The Examination and resolution of the complaint shall be under the control of the Arbitrator and the Seller and Buyer shall comply with all directions that may be given by the Auctioneer in respect of the complaint. (7) The Arbitrator may require, before proceeding to examine and determine the complaint that the Arbitrator s fees and expenses shall be paid in advance. The Seller and Buyer shall thereupon each pay one-half of the sum stipulated by the Arbitrator. (8) The Arbitrator may direct that the horse shall be subject to such trial as he may direct and the Seller and Buyer shall lend their full cooperation to such a trial. (9) If either the Seller or the buyer fail to comply with a direction of the Arbitrator or fail to pay any sum ordered to be paid by the Arbitrator, then the Arbitrator may at his own discretion decide not to proceed with the examination and determination of the complaint and may, if the Seller is in default, order that horse be returned to the Seller or may, if the Buyer is in default, order that the Buyer pay the full price to the Seller. (10) Upon the determination of the complaint, the Arbitrator may at his discretion order that the unsuccessful party pay to the other all the costs and expenses associated with the Complaints Procedure. 11. HARD HATS Any person riding an animal at the Sale Premises must wear a hard riding hat of an approved standard. 12. SPECIAL CONDITIONS OF SALE The Sale catalogue may contain additional special conditions of sale which may prevail over the aforementioned. BRIGHTWELLS LTD

14 Notes brightwells.com

15 Not only are we Britain s largest Equine Auctioneers, but we also specialise in: Property Tel: Antiques & Fine Art Tel: Classic Car Tel: Vehicles Tel: Equine Tel: Plant & Machinery Tel: Wine Tel: Agricultural & Livestock Tel: Leisure Tel: Easters Court, Leominster Herefordshire, HR6 0DE brightwells.com