Conditions of Sale & Buyers Guide

CONDITIONS OF SALE

  1. The highest bidder for any lot shall be the Purchaser and if any dispute should arise between 2 or more bidders the lot may be put up again at the highest undisputed bidding and resold or the Auctioneers may determine the dispute at their election and their decision shall be final and conclusive.

  2. No person at any bidding shall advance less than the sum stated by the Auctioneer at the time of selling nor shall any bidding be retracted.

  3. Each Purchaser shall give his or her name and place of abode in writing (if required) and pay the full purchase money at the close of the Sale, or if required, the whole or a portion of the purchase money as the Auctioneers may determine during eh course of the Sale.

  4. The Auctioneers have described the lots to the best of their ability and belief from the information furnished by the Vendor.  The Vendor who supplies such statements is along responsible for any error or mis-statement which there may be.

  5. No lot/s shall be removed from the premises until paid for, but each and every lot shall immediately at the fall of the hammer be considered as, and be remain in every respect at the absolute risk of the respective Purchaser/s therefor, and shall be removed from the Sale at the Purchasers expense, save as may be provided for under the terms of clause 7 herein.  All goods sold will remain the property of the Auctioneers until the purchase price has been paid in full.  The purchaser will remain a bailee only until payment is made.

  6. The lots are sold as seen with all faults, imperfections and errors of description, neither the Auctioneers, the Society or the Veterinary Officer nor the Vendor being responsible for the current description, genuineness or authenticity of any fault or defect in any lot, and giving no condition, warranty or undertaking in those regards whatever, whether by law, statute, custom trade usage or otherwise save where such undertaking is required by law to be given.  The Purchaser/s hereby agree that they have by reason of his or their own inspection and investigation of the lot satisfied himself or themselves of the accuracy of any description or other statement whatsoever given or made in connection with the sale, and of the state, nature and condition of the said lot.

  7. Notwithstanding the provisions of Condition 5, where the Purchaser/s contends after the fall of the hammer but prior to his or their making payment that the Vendor or the Auctioneer has mis-represented the mechanical condition or state or the accuracy of the description of the lot in such a away to have influenced the Purchaser/s in making his or their bid, the Auctioneer may at his sole and absolute discretion have the lot removed to the premises of an independent expert selected by him at his sole discretion for specialist examination which, if necessary or appropriate, may include the dismantling and reconstruction of the lot.  If in the opinion of the expert the Purchaser/s claim is justified, then provided there is no contention as to whether or not such a misrepresentation was made the Vendor shall bear all costs incurred by the expert including those in respect of transport or delivery to his premises and any storage or charge for custody and the Purchaser/s may have the option of cancelling the sale or negotiating a lesser price with the Auctioneer.  If in the opinion of the expert the claim of the Purchaser/s is not justified then the Purchaser/s shall bear all of the expert costs, including those of transport and delivery to his premises and any storage or charge of custody.

  8. Inasmuch as the Auctioneers, the Society and the Veterinary Officer act only as Agents for the Vendor, they shall not be held personally liable for any default on the part of either Vendor or Purchaser.

  9. No undertaking of the Auctioneers or their servants to take charge of any lots after the Sale, or to forward them to their destination shall be held to impose upon the Auctioneers any legal obligation or vitiate any of the foregoing Conditions.

  10. Purchasers paying by cheque must be prepared, if required, to produce a letter of credit from their banker.

  11. In all cases of transfer the original Purchaser shall be held responsible for the purchase money.

  12. The Auctioneers reserve to themselves the right of refusing any bidding they may deem it advisable to decline, and of withdrawing any lot/s from the Sale and to sell in such order as they may think fit.

  13. Purchasers or their Agents are requested to obtain accounts and delivery order at the Auctioneers office before leaving the place of Sale, and carefully to examine same.  The Auctioneers cannot hold themselves responsible for any errors in accounts or delivery orders unless they are notified of such errors on the day of Sale.

  14. VAT – The Auctioneers will offer the lots for Sale exclusive of Value Added Tax.  VAT at Standard Rate will be added when the accounts are made up.

  15.  All private sales made on the day of sale must be booked through the Auctioneers.

  16. On the fourteenth day after the Sale Vendors shall be entitled to receive the purchase price (less commission) of any lot/s provided that the Auctioneers shall have received same and that in the event of any acknowledged debt of the Vendor/s being owed to the Auctioneers the latter shall have the right to set off such debt against the proceeds of Sale.

SPECIAL CONDITIONS OF SALE

  1. CONDITIONS OF SALE the Sale will be held under the General Conditions of Sale as printed at the back of the catalogue and also under the Conditions of Sale applicable to Southern Counties Auctioneers Horse Sales, a full copy of which is available in the Auctioneers Office.  It is the duty of all Purchasers and Vendors to acquaint themselves with the Conditions of Sale.  In the case of variance, the Horse Sales Conditions will take precedence.

  2. PAYMENT All lots must be paid for on the day of sale and within one hour of the end of the sale by cash or debit/credit card there will be a 2% charge on a credit card, cheques ill not be accepted unless prior arrangements have been made.  Prospective buyers wishing to pay by cheque must be prepared to produce a Bankers Reference or Cheque Guarantee Card for a sum to cover their purchases.

  3. WARRANTIES the only warranties at the Sale are -
    • Quiet to Ride which shall imply that the animal may be ridden by a reasonably experienced person, on its own, in company and in traffic and is sound in wind, eyes, heart and action.

    • Good Hunter which shall imply that the animal is ‘quiet to ride’ (as above) has been hunted and is capable of being hunted.

    • Quiet to Drive which shall imply that the animal is quiet and capable of being driven in single harness, in and out of traffic and is capable of doing a reasonable day’s work and is sound in wind, heart and action.

      It is a condition of warranty that all such warranted animals shall be free from any disease either infectious or contagious, that they shall be free of vice(s) such as crib biting, wind sucking, weaving etc (unless expressly declared) and that such animals have not been tubed, fired, un-nerved or operated upon for unsoundness of any kind (unless expressly declared).

  4. UNLESS SO STATED IN THE CATALOGUE OR AT THE TIME OF SALE, UNBROKEN PONIES CARRY NO WARRANTY.

  5. UNWARRANTED ANIMALS are sold as seen and are taken will all faults and vices whether described or not and cannot be returned under any circumstances.

  6. COMPLAINT PROCEDURE Purchasers are reminded that they have until MIDDAY ON THE SATURDAY FOLLOWING THE SALE to satisfy themselves that any such warranted animals fulfils it warranty.  There can be NO CLAIM under the warranties unless the Auctioneers have been notified prior to the above time.  There similarly will be no claim if the payment in full has not been received by the Auctioneers.

  7. INJURY the Auctioneers, the Society or the Veterinary Officer accept NO responsibility for injury to or accident to either the Vendors or their lots, purchasers or people attending the sales from any cause whatsoever, during the time they are in the Sale Yard or in transit to or from the Sales.  People attend the Sales at their own risk.

  8. DESCRIPTIONThe descriptions in the catalogue are those furnished by the Vendors and the Auctioneers,  the Society or the Veterinary Officer are not to be held for any mis-description, heights, and ages are not guaranteed and Purchasers must satisfy themselves as to these matters.  Any claim by purchasers under the Trades Description, Misrepresentation or Sale of Goods Act must be made directly by the Purchaser against the Vendor.  Vendors must notify the Auctioneers at once of any mis-statements as to their entries otherwise the description as printed in the catalogue will be deemed correct, furthermore, any verbal statement made by the Vendor and entered on the Auctioneers Sale Sheet will be deemed binding on the Vendor in so far as any dispute between Vendor and Purchase may be actionable at Law.

  9. ALL LOTS at the fall of the hammer become the property of the Purchaser.

  10. VENDORS MUST ASCERTAIN THAT THEIR LOTS ARE SOLD BEFORE LEAVING THE SALE YARD Failure to do so may result in a further charge.

  11. ANY DECISION made by the Society or the Auctioneers as to the conduct at these Sales shall be final and binding at all times.

  12. VALUE ADDED TAX all lots are subject to VAT at the standard rate unless otherwise stated.

  13. Late entries.  Uncatalogued entries will be subject to a £10 offering fee (non-refundable).

  14. Individual pens may be available at a charge of £5 per pen payable on entry to the sale yard.

  15. There will be a minimum bid of 20 guineas.

BEFORE YOU BUY

Collect a buyer’s card giving you an identity number from the auctioneers’ office and purchase a sale catalogue. Note that bidding is in guineas, ie one guinea = £1.05. All lots are subject to VAT unless otherwise stated at the time of sale. All lots at the fall of the hammer become the property of the purchaser.

Ensure you have a suitable trailer/lorry for the transport of unhandled stock before you bid. Most stock will have to travel loose so ensure that your lorry is partitioned into pens of not more than 3.7 metres length: and that trailers have a fully closed rear, either by having doors, bars or a grille fitted above the ramp. Ensure that there are no loose objects or protuberances in your trailer/lorry. Do not use haynets — a loose animal could get caught up in one.

In all cases you should comply with all current legislation, eg the Transit of Animals (Road and Rail) Order 1975 and the Welfare of Animals (Transport) Order 1997. The police are present and check all vehicles thoroughly.

HOW THE SALE WORKS

Vendors back in their lorries onto the loading ramps and the ponies are off-loaded into inspection pens. Here they are checked by NFLS stewards and a veterinary surgeon for general condition. Any animal considered in poor condition, unwell (eg showing signs of cough, runny nose, ringworm etc), injured, too immature, or not up to travelling some distance, will be rejected and not allowed into the sale.

The auctioneers check the details of the animal against the entry made by the vendor and a sales ticket showing the lot number is pasted on the pony’s rump.

Passports, or registration application forms for some Forest-born foals, are lodged in the New Forest Pony Breeding and Cattle SocieWs (NFPB&CS) mobile office.

The ponies are penned up according to their lot numbers and moved along to the sale ring, in as near as possible correct numerical order. Each pony goes through the sale ring individually.

The sale is divided into four sections:

1. Ponies eligible for registration with the NFPB&CS.
2. Ponies fully registered with passports issued by the NFPB&CS.
3. Ponies registered as First Cross or Part Bred New Forest Ponies, issued with
passports by the NFPB&CS.
4. Animals not eligible for the above sections. They hold either identity-only passports
for equines of unknown breeding, or passports issued by PlOs other than the
NFPB&CS.

From the sale ring, ponies are released into collecting pens and are then moved into watering and hayed-up pens.


AFTER YOU HAVE MADE A PURCHASE

Pay at the auctioneers’ office and collect your receipt. Go to the NFPB&CS office to collect documentation. You will be given either a full passport, or a copy of a registration application form which will be made up to a passport and sent to you shortly, on payment of the £7 transfer fee.

Unless stated otherwise, assume that all ponies are not halter broken. Do not attempt to put headcollars on before loading. The official handlers are experienced stockmen used to dealing with unhandled ponies. Show them your receipt and ask them to load your animals.

WHEN YOU GET HOME

Your stable should have no loose objects or protuberances which your youngster could get caught up in. Do not use haynets. For the first few days shut the top door or fit two wooden bars across the upper half of the stable door.

Before unloading, fit a headcollar which has a short grab-length of baler twine fitted. Do not remove this headcollar for several days, until you have established a satisfactory relationship handling your youngster.

Fit a very long leadrope (8-10 feet or more) to the headcollar before you get the youngster out of the lorry/trailer.

Keep the youngster stabled for a few days until it is eating and drinking and knows you. Do not expect to be able to catch unhandled youngstock if turned out in a field. Lead out for daily exercise and a little grazing.

To make physical contact with an unhandled youngster, approach the withers, not the head. Gently groom with either hand or brush working from the withers along the back, and from the withers along the neck. Move slowly and talk quietly to establish communication and confidence.

If possible, use a halter (ie, not a headcollar) to lead your foal out. A well-fitting halter has a self-regulating reaction on the foal and you will have much more control if he rears, pulls etc, until he has learned to walk quietly beside you.

Worm immediately and establish a regular worming programme.

Keep your passport safely. You will need to produce it for veterinary treatment or to sell the pony.

Beware of the temptation to overfeed. The native pony’s natural food does not consist of knee-high lush grass or large amounts of concentrates. Overfeeding can lead to digestive and laminitic problems and too rapid growth, which can put excessive strain on the legs and joints.

This website was part financed by the European Community New Forest LEADER+ 2000-2006 Programme.

All photographs copyright Sally Fear

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