guineas breeze up & horses in training sale guineas ... - Tattersalls
guineas breeze up & horses in training sale guineas ... - Tattersalls
guineas breeze up & horses in training sale guineas ... - Tattersalls
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l notices to purchasers Conditions of Sale<br />
or <strong>in</strong> connection with its decision under this Condition.<br />
23.9 Save as provided for <strong>in</strong> sub-condition 23.8(d) hereof the Purchaser shall pay to TATTERSALLS<br />
on <strong>in</strong>voice its charge for tak<strong>in</strong>g and test<strong>in</strong>g the sample and mak<strong>in</strong>g and giv<strong>in</strong>g its decision under this<br />
Condition.<br />
23.10 For the avoidance of doubt, time runs for the purposes of the Conditions of Sale generally<br />
notwithstand<strong>in</strong>g the Purchaser’s <strong>in</strong>struction for a sample to be taken and tested <strong>in</strong> accordance with<br />
this Condition.<br />
23.11 (a) Any notice under this Condition shall be <strong>in</strong> writ<strong>in</strong>g and shall be delivered by hand or sent<br />
by first-class post or by fax to the Vendor or to the Purchaser at the address given on the Sales Entry<br />
Form or Purchase Confirmation as the case may be, or at their normal address of residence or<br />
bus<strong>in</strong>ess. Such notice shall be given or, deemed given on the date of delivery, or the second day after<br />
post<strong>in</strong>g or on the day of transmission as the case may be.<br />
(b) For the purposes of sub-condition 23.8(a) such notice <strong>in</strong> writ<strong>in</strong>g shall be delivered to<br />
TATTERSALLS at Terrace House and shall not be treated as given unless acknowledged <strong>in</strong> writ<strong>in</strong>g by<br />
TATTERSALLS.<br />
24. Piroplasmosis<br />
This Condition shall apply where a Lot is described as a Stallion, a Mare, a Horse <strong>in</strong> Tra<strong>in</strong><strong>in</strong>g, a Horse out of<br />
Tra<strong>in</strong><strong>in</strong>g, a Yearl<strong>in</strong>g or as a Two-Year-Old <strong>in</strong> a February Sale but not otherwise.<br />
24.1 Unless described without qualification as positive for Piroplasmosis, a Lot shall be returnable to the<br />
Vendor <strong>in</strong> accordance with this Condition where TATTERSALLS decides <strong>in</strong> its absolute discretion that a<br />
blood sample taken from the said Lot <strong>in</strong> accordance with this Condition and tested <strong>in</strong> accordance<br />
with the Böse test for Piroplasmosis under OIE Protocol us<strong>in</strong>g a Piro IFAT test (“the Prescribed Test”)<br />
conta<strong>in</strong>s the specified levels of either Theileria equi or Babesia caballi.<br />
24.2 A list show<strong>in</strong>g the specified levels for Theileria equi and Babesia caballi is available <strong>up</strong>on request made<br />
to TATTERSALLS at its Newmarket offices and Purchasers and Vendors are advised to check the current<br />
specified levels before purchas<strong>in</strong>g or enter<strong>in</strong>g a Lot for <strong>sale</strong>.<br />
24.3 A sample will be taken from a Lot <strong>in</strong> accordance with this Condition where:<br />
(a) the Purchaser, <strong>in</strong> compliance with sub-condition 24.4 hereof, irrevocably <strong>in</strong>structs TATTERSALLS<br />
to take a sample from the said Lot for the purpose of this Condition and to have the sample tested for<br />
the presence of Piroplasmosis, and<br />
(b) the Vendor complies with sub-condition 24.5 (a) hereof, and<br />
(c) a member of a veter<strong>in</strong>ary team appo<strong>in</strong>ted by TATTERSALLS takes a sample from the said Lot while<br />
it is <strong>in</strong> a hold<strong>in</strong>g area designated by TATTERSALLS.<br />
24.4 Where a Purchaser wishes to give an <strong>in</strong>struction under sub-condition 24.3(a) hereof he shall<br />
do so immediately after the purchase of a Lot and by sign<strong>in</strong>g to this effect on the form of Purchase<br />
Confirmation s<strong>up</strong>plied by TATTERSALLS who will not accept <strong>in</strong>structions given <strong>in</strong> any other way.<br />
24.5 Where an <strong>in</strong>struction is given by the Purchaser under sub-condition 24.4 hereof:<br />
(a) The Vendor shall deliver the said Lot directly from the Sale R<strong>in</strong>g to the designated hold<strong>in</strong>g area <strong>in</strong><br />
accordance with TATTERSALLS directions and for this purpose the Purchaser agrees that<br />
notwithstand<strong>in</strong>g that risk <strong>in</strong> the said Lot has passed to him he is not entitled to take possession or<br />
control of the said Lot until after the Lot is released from the designated hold<strong>in</strong>g area. Where<br />
TATTERSALLS decides that the Vendor has failed to deliver the said Lot as aforesaid the said Lot shall<br />
be returnable to the Vendor <strong>in</strong> accordance with this Condition.<br />
(b) If after one hour from the delivery of the Lot to the designated hold<strong>in</strong>g area a sample has not<br />
been taken from the said Lot notwithstand<strong>in</strong>g that the said veter<strong>in</strong>ary team have used such reasonable<br />
endeavours as are commensurate with the circumstances <strong>in</strong>clud<strong>in</strong>g the number of Lots from which<br />
samples are to be taken and their behaviour, the contract of <strong>sale</strong> shall stand and the Purchaser shall be<br />
bound to keep the said Lot and pay the full amount of the purchase price therefor.<br />
24