Two-year-old Trialling Sale - Harnesslink

9. It is the Vendor’s responsibility to advise the Selling Agent if he knows or
reasonably suspects that any Lot is addicted to, or predisposed to, inducing,
roaring, crib-biting, or if such Lot suff ers from founder or is a wobbler; it is the
Selling Agent’s responsibility to announce such information at the time of the
sale. Should any Lot be proven to have such vice within seven (7) days of the
sale, and such fact not having been disclosed at the time of sale, such sale will
be deemed null and void, and cancelled; any monies paid to the Vendor in
respect to that Lot shall immediately be repaid to the Selling Agent. Proof
of such infi rmity shall be on the receipt of a Veterinary Certifi cate to the
Selling Agent’s satisfaction.
10. Subject to any warranties contained herein, no condition of warranty is off ered
by the Vendor in respect of the Lot or is implied by these conditions. All Lots
are available for inspection at or before the start of the sale, and from 7.30am on
Sale Day. Each Lot is off ered for sale with all faults (if any), and no
compensation will be made as between the Selling Agent and the Vendor in
respect thereof. No person has the authority on behalf of the Selling Agent to
carry on or waive any of the conditions of this contract, or to give any warranty
or to make any representation other than is expressly included herein.
11. Bidding is exclusive of GST. In the case of a Vendor being registered for GST
and the Lot is sold, GST will be additional to the price of the fi nal bid. Th e
Vendor will pay GST on all supplies provided by the Selling Agent. Th e Selling
Agent will rely on all representation forwarded by the Vendor in regard to the
status of GST.
12. In the event that any provision of these conditions is unlawful, unforeseeable,
null or void, all parties agree that these Conditions of Sale shall be construed
so far as is possible so that the unlawful or void portion is an independent
promise, and is thus severable from all other Conditions of Sale. In the case of
such unlawful, unforeseeable, null or void portion relates to any provision for the
payment of fees, charges, expenses or remuneration, then a term will be implied
(so far as the Law permits) that reasonable remuneration and expenses, together
with GST, will be payable for any services rendered by or on behalf of the
Selling Agent to the Vendor.
13. Th e Vendors agree that all Lots may be subject to pre-trial blood testing and
swabbing without any expense to the Vendor.
14. Th e vendor agrees to pay the selling agent a commission of 10 percent plus
GST on all sold lots, and fi ve percent plus GST for any bought back lots. Th e
vendor shall be entitled to receive the purchase monies for any lot sold by
January 4 2011 provided that the selling agent has received payment for such lot
from the purchaser. Th e vendor hereby irrevocably requests and authorises the
selling agent to deliver a lot against any purchaser’s cheque, but the selling agent
will not be so liable to the vendor in the event of such cheque being
dishonoured, for whatever reason, notwithstanding any negligence on behalf of
the selling agent.