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2. 3. to "seller"; 1.3.11 any reference to MHB, a seller, purchaser or the auctioneer shall be deemed, unless the context requires otherwise, to include a reference to the respective agents, representatives and employees of MHB, seller, purchaser or auctioneer. 1.4 Headings have been inserted in the Conditions for convenience only and shall not affect the interpretation or meaning thereof. 1.5 Words importing one gender shall include the other gender and word importing the singular shall include the plural and vice versa. NO WARRANTIES OR REPRESENTATIONS 2.1 Neither MHB nor the auctioneer makes any representation, or warranty whatsoever: 2.1.1 in respect of a seller's title to a horse offered on sale; 2.1.2 in respect of the correctness of any statement or information whatsoever pertaining to a horse including any statement or information contained in any sale documents or advertising/sale catalogues, and neither MHB nor the auctioneer shall be liable for any error in any such statement or information; or 2.1.3 that a particular horse will be suitable for any purpose for which it has been bought. 2.2 Neither MHB nor the auctioneer accepts any responsibility for: 2.2.1 any defects or error in relation to the pedigree, description, condition or other particulars relating to a horse, including, without limitation, the performance of a horse; or 2.2.2 any loss or damage suffered by any seller as a result of the accidental ommission by MHB of any details of or reference to a horse entered for sale by such seller. 2.3 It is specifically recorded that terms such as "in foal", "believed in foal", "tested in foal", "certified in foal", "believed definitely in foal", "pregnancy certificates available", shall not constitute a warranty that any particular mare entered for sale, is in fact in foal at the time of the sale. 2.4 The seller indemnifies and holds MHB harmless against any claims arising from any cause whatsoever relating to the sale of any horse on behalf of the seller by MHB. DUTY TO DISCLOSURE 3.1 The seller of any horse which is or which shows any signs of being a windsucker, a wobbler, a roarer, a bleeder or which suffers from impaired vision or eye injury or defect, shall be obliged to disclose such condition in writing to MHB prior to the sale of the horse concerned to enable the auctioneer to announce such condition at the time of the sale. 3.2 A purchaser shall be entitled to cancel the sale of a horse found, within 7 days of its sale, to have been suffering, at the time of the sale, from any of the conditions
4. specified in 3.1 above, provided that: 3.2.1 the existence of any such condition was not announced at the time of the sale of the horse concerned, and 3.2.2 the purchaser produces, at his own experience, veterinary certificate certifying the existence at the time of the sale, of any such condition; and 3.2.3 the purchaser satisfies MHB or its authorised nominee/s that the seller of such a horse knew or ought to have known of the existence of any such condition; and 3.2.4 the purchaser has given written notice of his intention to cancel the sale to MHB within 14 days of the date of the sale of the horse concerned. 3.2.5 the purchaser shall be obliged, at his own expense, to return the horse to the seller or to MHB, as directed by MHB. The purchaser shall be entitled to recover the expense he has incurred in returning the horse, directly from the seller. 3.3 The provisions of 3.1 above shall apply, mutatis mutandis, to the sale of any horse which is one of the twins. 3.4 If it is not disclosed prior to its sale that the horse is one of the twins the purchaser shall be entitled to cancel the sale; provided that the purchaser complies with the provisions of 3.2.4 and 3.2.5 above. 3.5 A purchaser shall be entitled at his/her expense to have a veterinary surgeon perform the necessary examinations and should any horse be found to have any one of the following conditions; split palate, laryngeal hempplegia, laryngeal hemiparesis with incomplete abductor function, epiglottal entrapment, persistent dorsal displacement of the soft palate, arytenoid chondritis, subepiglottal cyst, soft palate cyst, rostral displacement of the palatopharyngeal arch, nasopharyngeal cicatrix, space occupying lesions or malformation which comprise the diameter of the upper respiratory tract; and this condition will materially influence the Horse’s further racing or breeding career, then the purchaser shall be entitled to cancel the sale provided the examination took place on the day of the sale. 3.6 Notwithstanding the cancellation of a sale in terms of 3: 3.6.1 the seller of such a horse shall nevertheless remain liable for the sales commission, as provided for in 13 below, as if the sale had not been cancelled; 3.6.2 neither MHB nor the auctioneer shall be liable for any failure to disclose any of the conditions specified in 3.1 or 3.3 above, or for any damages suffered by a seller or a purchaser pursuant to such cancellation; and 3.6.3 no purchaser shall be entitled to rely upon the provisions of 3 if he is in breach of any provisions of 10 below. SALE TO BE VOETSTOOTS 4.1 Except as specifically provided for in the Conditions, the sale of all horses shall be “Voetstoots” 4.2 If a seller, in respect of a particular horse, gives a special warranty which is inaccurate or misleading in any material respect, the purchaser's remedy, if any, shall lie against the seller and not against MHB or the auctioneer. 4.3 By entering a horse for sale, a seller shall be deemed to have irrevocably authorised MHB to dispose of the horse concerned on behalf of the seller in terms of Conditions.
Page 4 and 5: MICHAEL HOLMES BLOODSTOCK P.O. BOX
Page 8 and 9: 5. 6. GENERAL DISCLAIMER 5.1 Neithe
Page 10 and 11: 11.2 Notwithstanding the cancellati
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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