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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.