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11.2 Notwithstanding the cancellation of the sale by MHB shall be entitled to retain: 11.2.1 any sums paid by the purchaser in respect of the debt; and/or 11.2.2 the deposit or any portion thereof which was offset against the purchase price; in reduction of damages, if any, which may be suffered by MHB and/or the original seller by reason of the breach by the purchaser and the resultant cancellation of the agreement of sale. 11.3 Should MHB elect to cancel the sale and repossess the horse sold, MHB shall be entitled, but not obliged, to attempt to re-sell the repossessed horse at any future sale. If the repossessed horse is sold, the purchase price, if and when paid in full, shall be used in reduction of the shortfall, if any, which may have resulted by reason of the breach by the purchaser and resultant cancellation of the agreement of sale shall also be entitled to resell in absentia any horse in respect of which removal or repossession has been omitted or refused. 11.4 In the event of MHB instructing attorneys to collect from the purchaser an amount owing to MHB, the purchaser agrees to pay all costs on the scale as between attorney and own client, including collection charges, whether or not summons is actually issued. 11.5 The purchaser and the seller consent to the jurisdiction of the magistrate's Court in terms of Section 45 of the Magistrate's Court Act No. 32 of 1944 (as amended) having jurisdiction under Section 28 of the said Act, notwithstanding that the claim by MHB exceeds, the normal jurisdiction of the Magistrate's Court as to amount. MHB shall, in its discretion, be entitled to proceed against the purchaser and the seller in any other court of competent jurisdiction notwithstanding the aforegoing. 11.6 No relaxation or indulgence granted to the purchaser or the seller by MHB at any time shall be deemed to be a waiver of any of MHB right in terms hereof, and such relaxation or indulgence shall not be deemed a novation of any of the terms and conditions set out herein or create any estoppel against MHB. 11.7 Should a dispute arise regarding the purchase of a horse, the purchaser shall be obliged, if required to do so by MHB to return the horse at his own expense to a party nominated by MHB. The nominated party shall maintain the horse until the dispute has been resolved on condition that the purchaser shall be liable for the costs of stabling and maintaining the horse, which amounts he shall pay to the nominated party on demand. 11.8 No right of set-off between a purchaser and a seller shall be valid or recognised by MHB . MHB shall be entitled to set of against any money due by MHB to any purchaser or seller, any amount due to MHB or payable to MHB by such seller or purchaser, irrespective of whether or not the amount is disputed by the purchaser or seller. 11.9 Where any person claims to have a lien over any horse in respect of which the purchase price has not been paid, MHB has the right to settle such lien as it deems fit to recover possession of the horse. Any monies paid in the discharge of any lien shall part of the debt which MHB shall be entitled to recover from the purchaser in addition to any other amounts which may be payable. 11.10 In the event of the purchaser failing to pay the debt in full within 60 days from the date of the sale, the purchaser herby consents and cedes to MHB all the purchaser’s right, title and interest unto any monies due to the purchaser, for any reason whatsoever, by eitherof the licenced racing operators, namely Gold Circle (Pty) Ltd / or Phumulela Ltd, until the debt hasd been paid in full.
12. AGENTS 12.1 Any person acting as an agent on behalf of a principal: 12.1.1 may be required, prior to his participation in the sale, to establish to the satisfaction of MHB, his authority to so act and, if required, to furnish MHB with the necessary documentation in substantiation thereof., 12.1.2 shall, if he is the purchaser, disclose the name and address of his principal at "the fall of the hammer"; 12.1.3 shall, if he is the seller, disclose the name and address of his principal when entering horses for the sale; 12.1.4 agrees to be bound by the Conditions; 12.1.5 shall be jointly and severely liable for the timeous fulfilment of all the obligations of his principal in terms of the Conditions, renouncing the benefits of division and excussion. 12.2 Notwithstanding anything to the contrary contained in the Conditions, any person acting on behalf of another, shall be deemed to have full legal capacity to do so. 13. COMMISSIONS 13.1 Subject to the remaining provisions of 13, the seller shall be liable to pay MHB a commission of 7.5% plus VAT of the price realised in respect of a horse accepted by MHB for the sale. 13.2 Acceptance of a horse for sale shall be deemed to have occurred upon the acceptance by MHB of details relating to such horse for its sale catalogue. 13.3 A commission shall be payable on the price realised if the horse is sold by auction or private treaty by MHB, the seller, his agent or representative , at any time during the period commencing upon acceptance of the horse and concluding 30 days after the sale has been held or the date upon which the sale had been advertised to be held. 13.4 The minimum price that will be accepted for any horse at the sale shall be R1000,00(excluding VAT). 14. RIGHTS AND OBLIGATIONS OF A SELLER 14.1 The seller of a horse shall be entitled to receive from MHB within 35 days of the last day of the sale, payment of the purchase price realised, less commissions and other charges deductible in terms of the conditions; provided that MHB shall not be liable for any loss or damages sustained by the seller as a direct result shall be entitled, in its sole discretion, to withhold payment: 14.1.1 in the event of the seller being in breach of the Conditions; 14.1.2 in the event of the seller, acting as an agent, having failed to comply with 12.1.3; or 14.1.3 until such a time as MHB has received payment from the purchaser. 14.2 MHB shall be entitled to deduct, in addition to the amounts referred to in 14. 1, any additional amounts due to MHB, from the proceeds of the sale of any of the seller's horses which have been entered, whether the seller is acting as a principal, as an agent, or a partner any amounts which may be due to MHB of his principals, or any of his partners. by the seller, any 14.3 MHB shall be entitled to pay any amount which is due to the seller directly into the bank account nominated by the seller on the prescribed form. 14.4 If a seller permits the removal of the horse after its sale, MHB shall not be obliged to collect the purchase price in respect of the horse; provided that the seller shall nevertheless, remain liable for the payment, on demand, of all commission and other amounts provided for in the Conditions.
Page 4 and 5: MICHAEL HOLMES BLOODSTOCK P.O. BOX
Page 6 and 7: 2. 3. to "seller"; 1.3.11 any refer
Page 8 and 9: 5. 6. GENERAL DISCLAIMER 5.1 Neithe
Page 12 and 13: 14.5 Notwithstanding anything conta
Page 14 and 15: ALPHABETICAL LIST OF VENDORS Name D
Page 16 and 17: Lake Geneva ch.g. National Emblem L
Page 18 and 19: ALPHABETICAL LIST OF HORSES IN TRAI
Page 20 and 21: Name Desc Sire Dam Lot Stable Top O
Page 22: Notes MICHAEL HOLMES B L O O D S T
Page 25 and 26: Stable C1 Lot 1 From Estate Late A
Page 27 and 28: Stable C3 Lot 3 From Malinsky Stud
Page 29 and 30: Stable C5 Lot 5 From R Pennells A P
Page 31 and 32: Stable C7 Lot 7 From J G Venter Dam
Page 33 and 34: Stable C9 Lot 9 From Scott Bros - H
Page 35 and 36: Stable B14 Lot 11 From Mayfair Spec
Page 37 and 38: Stable B12 Lot 13 From Wright Racin
Page 39 and 40: Stable B10 Lot 15 From House of Med
Page 41 and 42: Stable B8 Lot 17 From Mayfair Specu
Page 43 and 44: Stable B6 Lot 19 From L Denysschen
Page 45 and 46: Stable B4 Lot 21 From Mayfair Specu
Page 47 and 48: Stable B2 Lot 23 From Mark Dixon Ra
Page 49 and 50: Stable A1 Lot 25 From Mayfair Specu
Page 51 and 52: Stable A3 Lot 27 From A W Kethro Sa
Page 53 and 54: Stable A5 Lot 29 From Craig Eudey R
Page 55 and 56: Stable A7 Lot 31 From Mark Dixon Ra
Page 57 and 58: Stable A9 Lot 33 From Mayfair Specu
Page 59 and 60: Stable A11 Lot 35 From House of Med
Page 61 and 62:
Stable A13 Lot 37 From Mayfair Spec
Page 63 and 64:
Stable A15 Lot 39 From Brockton Stu
Page 65 and 66:
Stable A17 Lot 41 WITHDRAWN
Page 67 and 68:
Stable A19 Lot 43 From Malinsky Stu
Page 69 and 70:
Stable A21 Lot 45 From A D Gordon (
Page 71 and 72:
Stable A23 Lot 47 From Mark Dixon R
Page 73 and 74:
Page 75 and 76:
Stable A27 Lot 51 From G J Royden-T
Page 77 and 78:
Stable A29 Lot 53 From G A R Sturle
Page 79 and 80:
Stable A31 Lot 55 From Malinsky Stu
Page 81 and 82:
Page 83 and 84:
Stable B35 Lot 59 From Janet Baker
Page 85 and 86:
Stable B33 Lot 61 From Mayfair Spec
Page 87 and 88:
Stable B31 Lot 63 From Mayfair Spec
Page 89 and 90:
Stable B29 Lot 65 From P A Rhodes S
Page 91 and 92:
Stable B27 Lot 67 From G A R Sturle
Page 93 and 94:
Stable B25 Lot 69 From C J Saunders
Page 95 and 96:
Stable B23 Lot 71 From H J Brown Ra
Page 97 and 98:
Stable B21 Lot 73 From G J Royden-T
Page 99 and 100:
Stable B19 Lot 75 From Mark Dixon R
Page 101 and 102:
Stable B17 Lot 77 From Brockton Stu
Page 103 and 104:
Stable B15 Lot 79 From Gadsby Team
Page 105 and 106:
Stable C13 Lot 81 From A W Kethro S
Page 107 and 108:
Stable C15 Lot 83 From Mark Dixon R
Page 109 and 110:
Stable C17 Lot 85 From G A R Sturle
Page 111 and 112:
Stable C19 Lot 87 From Mayfair Spec
Page 113 and 114:
Stable E2 Lot 89 From Mayfair Specu
Page 115 and 116:
Stable E4 Lot 91 From R C Muir Thor
Page 117 and 118:
Stable E6 Lot 93 From House of Medo
Page 119 and 120:
Stable E8 Lot 95 From A W Kethro Sa
Page 121 and 122:
Stable E10 Lot 97 From Janet Baker
Page 123 and 124:
Stable E12 Lot 99 From A W Kethro R
Page 125 and 126:
Stable F2 Lot 101 From Brockton Stu
Page 127 and 128:
Stable F4 Lot 103 From Rivalland Ra
Page 129 and 130:
Stable F6 Lot 105 From Mayfair Spec
Page 131 and 132:
Stable F8 Lot 107 From Mayfair Spec
Page 133 and 134:
Stable F10 Lot 109 From H J Brown R
Page 135 and 136:
Stable G2 Lot 111 From A W Kethro E
Page 137 and 138:
Stable G4 Lot 113 From House of Med
Page 140 and 141:
Lot 114 Stable D1 From Scott Bros -
Page 142 and 143:
Page 144 and 145:
Page 146 and 147:
Page 148 and 149:
Page 150 and 151:
Lot 124 Stable D11 From Scott Bros
Page 152 and 153:
Page 154 and 155:
Page 156 and 157:
Lot 130 Stable D17 From R Pennells
Page 158 and 159:
Stable D19 Lot 132 From Bradley McH
Page 160 and 161:
Page 162 and 163:
Page 164 and 165:
Page 166:
Lot 140 Stable C20 From Scott Bros
Page 169 and 170:
Stable G5 Lot 141 From C J Saunders
Page 171:
Stable G7 Lot 143 From R Pennells Z
Page 176:
Notes MICHAEL HOLMES B L O O D S T
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