Terms And Conditions 2024

The attention of Owners, Vendors and Purchasers is drawn to these Conditions of Sale of a horse by Public Auction, including bidding via an online platform. These Conditions of Sale form the basis of the contract between the Purchaser, Owner and Vendor. We advise all prospective Purchasers to carefully read these Conditions of Sale before bidding. The attention of Purchasers is particularly drawn to their rights, procedures and time limits in the event of a complaint or dispute

1. CONDITIONS OF SALE

Definitions:
“Bolesworth Elite Auctions” is a trading name of Bolesworth Events Limited, Bolesworth Castle, Tattenhall Chester CH3 9HQ (hereinafter referred to as BEA) who is organising the auction between Owners and Purchasers. Bolesworth Events Limited is VAT registered.
“Auction” shall mean the auctioning of Lots at the Bolesworth Elite Auction commencing at 20.15 hours British Summer Time on Monday 18 November 2024 live at the Rum Warehouse, Titanic Hotel, Liverpool and on the online platform www.boleswortheliteauctions.com. BEA have a contract in place with the platform provider, and a Service Level Agreement.
“The Owner” shall mean the person, partnership or corporation named in the Entry Form with legal title to the Lot engaging the services of the Vendor
“The Vendor” shall mean BEA who are engaged by the person, partnership or corporation named in the Entry Form as Owner of the Lot.
“The Purchaser’’ shall mean the highest bidder to whom a Lot is knocked down or who purchases the Lot
privately following the Auction.
“Lot’’ shall mean and include anything offered for sale and which has been allocated a Lot number

2. RESERVES, BIDDING AND PRIVATE SALES
2.1 A Lot entered in the Auction and advertised for sale, shall not be sold by the Vendor or Owner before
the Auction of that Lot.
2.2 There may be a reserved price for any Lot and subject to such reserved price, the highest bidder shall be the Purchaser. Should any dispute arise between two or more bidders BEA, as the Vendor, shall adjudicate on the dispute and their decision shall be binding on all parties. At their discretion BEA may put up the Lot in dispute for Auction and re-sale.
2.3 In the case of the Auction, acceptance of an offer will take place on the fall of the hammer and that person is confirmed as the highest bidder following the close of bidding. At this point a contract will come into existence between the Purchaser and the Vendor, on these Terms and Conditions.
2.4 BEA reserve the following rights:
i. To refuse without reason the bidding of any person;
ii. To bid on their own behalf up to the reserve price; and
iii. To withdraw a Lot from sale at any time before it has been knocked down without disclosing the reserved price.
2.5 An Owner shall not bid or allow anyone else to bid on their behalf for any Lot owned by them except in cases where such Lot is being sold on the dissolution of a partnership/corporation.
2.6 All Lots will commence at a minimum of £2,500. Bids shall advance by at least £500 up to £15,000; and £1,000 thereafter, although the auctioneer will have complete discretion at all times.
2.7 No undertaking by BEA, their servants or agents to take charge of a Lot previous to or after a sale or to forward such Lot to a destination shall be held to impose upon BEA any legal obligation or vitiate any of the foregoing Conditions. Any person engaged to bring and take away a Lot shall do so at the cost and risks in all respects of the legal owner of such Lot, which for clarity is the Owner until payment has been received.

3. PARTICIPATION IN THE AUCTION
3.1 For the upcoming Bolesworth Elite Auction on Monday 18 November 2024, there are three ways in which you can bid:
1) In Person
Bidders are permitted to attend the auction live and bid in person.
2) Telephone
To bid via telephone, all bidders are required to pre-register by 5pm on Thursday 14 November 2024. To register as a telephone bidder, please email auctions@bolesworth.com and a member of the Auction Team will contact you.
3) Online
To bid online, you are required to register. Please complete the Register To Bid form by going to www.boleswortheliteauctions.com. At the time of the registration, all the questions asked in the Registration Form have to be duly and correctly answered. This also results in a contract of use with the operator of the online platform. Please note: you may need to check your junk folder to validate your registration.
3.2 To be able to bid online at the Auction, a potential Purchaser may be requested by BEA to pay a deposit. In this case, the potential Purchaser must satisfy this deposit request before the Purchaser is approved to participate in the Auction. If this is a requirement the Purchaser will be notified at time
of registration.
3.3 A registration can be deleted at any time without giving reasons; in this case, all registered data will be permanently deleted, as long as it is not necessary for an ongoing bidding process or the processing of a purchase that has already taken place. In this case, the deletion will only take place when it is definitely concluded the data is not needed.
3.4 Each user can only register once and the registration cannot be transferred.

4. INFORMATION ABOUT AND HOW TO CONTACT BEA
4.1 For Lots sold at the Auction, which is public, the contract of sale will be between the Purchaser and the Vendor.
4.2 BEA can be contacted by telephoning on the phone number on the website, by email or by writing to BEA at the above address. If BEA have reason to contact you, BEA will do so by telephone or by writing to you at the email address or postal address you provided at registration. When the words “writing” or “written” are used in these Terms, this includes emails, but does not include fax.
4.3 BEA collect and store data, which is necessary for business processing. With regard to the processing of personal data, BEA comply with the legal provisions under GDPR.

5. DESCRIPTION OF A LOT
5.1 Lots may vary slightly from the pictures and videos displayed. The images and videos of the Lot on the website and social media channels are supplied for the Owner by BEA. Although BEA have made every effort to display the pictures and videos of the Lots accurately, BEA cannot guarantee that a device’s display of a picture or video or that the picture or video itself accurately reflects how the Lot looks or moves in the case of video.
5.2 BEA shall not be liable or responsible for the accuracy of any information set out online concerning a Lot listed for sale or for any description, pedigree or warranty expressed or implied on its behalf, such information being supplied by the Owner who alone is responsible for its accuracy. The Owner shall at all times indemnify BEA in respect of such information supplied.
5.3 BEA will endeavour to have all online information correctly stated, but the Owner is responsible for the correction of any error or omission. It shall be the duty of the Owner to ensure that the Lot is properly described as set out in the programme / online. In the event of any dispute as to the description or information of a Lot, the Purchaser’s remedy shall be against the Vendor and the Vendor’s remedy shall be against the Owner.
5.4 No representation is made as regards suitability for a specific purpose unless a clear statement is made to this effect in the description of that specific Lot. Where additional information is provided by description this is intended to be a guide and is not a statement amounting to suitability for any specific purpose or a guarantee.
5.5 Where an embryo has been “sexed” as a colt or a filly, please note this is not a guarantee, it is a strong indication only.

6. PREGNANCY SCANS
6.1 Pregnancy scan dates/certificate will be available to view under Lot information on website.

7. BIDDING, PAYMENT, COMMISSION, AUCTION FEE AND VAT
7.1 There is a non-refundable entry fee of £395 + VAT per Lot. This entry fee includes editing, production of video footage and photography, procured by the Vendor, and pedigree. The entry fee also includes 2 hospitality places at the Bolesworth Elite Embryo Auction, Rum Warehouse, Liverpool.
7.2 The auction shall be conducted in £ Sterling.
7.3 The Owner will pay a commission of 15% of the hammer price to BEA even if a horse is subsequently returned by the Purchaser to the Vendor in accordance with the complaint’s procedure or for any reason. This will include automatic insurance cover for the recipient mare and foal until the foal is 7 days old. Full details can be found under Clause 9.
7.4 On the sale of a Lot, commission shall be paid by the Purchaser to BEA at a rate of 15% of the hammer price. This includes all bank fees and charges.
7.5 All fees and commission are subject to VAT at the appropriate rate.
7.6 If the Owner is VAT registered in the country where the Lot is being sold from, and the Purchaser is also resident in the same country or intends to maintain the Lot in the same country of purchase then local VAT will be added to the hammer price. If the Purchaser intends to export the Lot to their country of residence within 3 months of the date of the auction then local VAT will not be charged on the Lot. If official or commercial evidence of export is not provided within 3 months local VAT will be charged and become payable.
7.7 If the Owner is not in business or registered for VAT in the country where the Lot is being sold from, no VAT will be added to the hammer price, regardless of the location or intention of the Purchaser.
7.8 On the fall of the hammer the highest bidder shall be contacted by BEA to confirm full name, address and invoice details together with the location intention of the Lot. Details of which must be received by BEA no later than 12 noon on Tuesday 19 November 2024.
7.9 The highest bidder should arrange payment in full, so cleared funds are received no later than 12 noon on Tuesday 19 November 2024.
7.10 Should the successful bidder not provide:
i) Name, address for invoicing by 12 noon on Tuesday 19 November 2024, or
ii) The funds are not cleared by 12 noon on Tuesday 19 November 2024 this will constitute a breach of contract which could result in immediate termination of the contract at BEA discretion. In such a case, BEA will automatically offer the Lot to the second highest bidder, if known. Should such an incident occur the original bidder will be required to make up the difference between the hammer price and that of the second highest bidder.
7.11 In the event of a defaulting Purchaser, BEA shall not be held liable or responsible for any deficiency which may arise on the return/resale of an uncleared Lot. BAE shall use their best endeavours at all times to ensure the completion of a purchase to the mutual benefit of the Owner and Purchaser. BEA shall in their absolute discretion decide the terms and conditions under which a Purchaser shall discharge his payment for any Lot purchased. In the event BEA are for any reason unable to secure payment from the Purchaser then BEA shall not be held liable by the Owner for the purchase money or any part thereof.
7.12 Payments will only be accepted by bank transfer. The transfer of ownership documents to the Purchaser will not occur until BEA are in receipt of cleared funds. Payment in Sterling to: Account: Bolesworth Events Limited
Bank: Barclays
Sort Code: 20 53 33
Account No: 43932451
Swift Code: BUKBGB22
IBAN: GB39 BUKB 20533343932451
*All fees and charges are included within the commission paid by the Purchaser.
7.13 The Purchaser shall not withhold payment for any Lot by reason of any right of set off or counterclaim which the Purchaser may have or allege to have or for any reason whatever against the Vendor or BEA .
7.14 Payment to Owners or their authorised Agents, will be made 30 days after the Auction in respect of those Lots where payment has been received from the Purchaser, so long as the horse has been delivered. If the foal is not delivered immediately (e.g. due to weaning) the payment will be made within 30 days after ownership is transferred. In the event of a defaulting Purchaser, the Vendor shall not be held liable or responsible for any deficiency which may arise on the return/resale of an uncleared Lot. The Vendor shall use their best endeavours at all times to ensure the completion of a purchase to the mutual benefit of the Owner and Purchaser. The Vendor shall in their absolute discretion decide the terms and conditions under which a Purchaser shall discharge their payment for any Lot purchased. In the event that the Vendor is for any reason unable to secure payment from the Purchaser then the Vendor shall not be held liable by the Owner for the purchase money or any part thereof.

8. PROVISION OF THE HORSE
Embryos
BEA facilitates the sale of Lots on both recipient and real mares. The Auction Catalogue highlights the Owners intention towards the mare at the fall of the hammer for each Lot – whether they will take the responsibility for the embryo and the mare, or the Purchaser will.
8.1 Purchaser to take the Mare: the mare and the foal will become the responsibility of the Purchaser. Following proof of payment, the foal will transfer ownership to the Purchaser and it will be the responsibility of the Purchaser to arrange transport for both the mare and foal to the Purchasers desired location.

The Purchaser is required to return the mare to the Owner at the Purchasers expense as agreed with the embryo Owner following the weaning of the foal. The Purchaser is liable to cover the cost of blood tests and Health Papers which may be required to return the mare. The Purchaser is also required to undertake a vet check to confirm the mare is in good health to travel. The Purchaser is liable to cover the cost of returning the mare. Insurance of the mare is at the discretion of the Purchaser up until the
safe return of the mare. In the event of loss or injury to the mare during this period, the Purchaser is liable for all vets’ fees incurred, and in the case of the death of the mare the Purchaser is liable to pay £2,500 compensation to the recipient mare Owner.

8.2 Owner to take the mare: Both mare and foal will stay in the ownership and care of the Owner. Following weaning, proof of payment by the Purchaser and on signing a form agreeing the foals condition allowing the release of the funds to the Owner, the Purchaser can arrange transport for the collection of the foal. The Owner is liable to cover the cost of transport of the foal to the Purchaser at a UK address. Transfer of ownership occurs at the point of delivery at which insurance of the foal will become the responsibility of the Purchaser. Until this point, insurance is the responsibility of the Owner and is at the Owners’ risk

9. INSURANCE
9.1 Embryo insurance via Gallagher Insurance is automatically activated when the hammer falls to confirm the sale of the Lot, cover includes;
• Embryo insured against failing to be born alive and subsequently living to 7days after birth due to any cause. Sum insured is Fall Of Hammer value – eg:
o Death of the dam (recipient mare) resulting in loss of the embryo
o Death of foal during the foaling or foal born dead
o Death or destruction of foal on humane grounds in first 7 days after birth.
• Death or destruction of recipient mare on humane grounds from FOH to 7 days after birth at a value of £2,500
• Lots will also be covered by a compulsory Life-Saving Surgical extension – the premium of £224 (including Insurance Premium Tax at 12%) is payable by the buyer and will be added to the sale price. The cover includes;
• Reasonable and customary veterinary expenses incurred in respect of the following:
o Surgical procedures necessitated solely in an emergency to save the life of the horse, and
o After-care costs while the animal is retained at the equine surgical facility but shall be limited to 50% of the cost of the surgery and shall not extend more
than fifteen days from the time of the life-saving surgery.
• The above cover is based on a limit of £2,500.00 per recipient mare and £5,000.00 per foal (once born). The maximum claim payable is £5,000 in the aggregate. Any
claim or potential claim must be notified to Sophie Chambers immediately. Insurance of the Lots is the responsibility of the Owner up until point of the hammer falling for that Lot. Gallagher Insurance can provide additional cover post 7 days after foaling, if required, please contact, Sophie Chambers, Managing Director, Bloodstock, Livestock, Aquaculture. Mobile: 07771 554089, Email: sophie_chambers@ajg.com, Website: www.ajg.com/uk

10. DISPUTES
Subject to the foregoing Conditions, the Vendor shall use their best endeavours to act to the mutual benefit of both Owner and Purchaser. In the event that any dispute arises for whatever reason as between the Owner and the Purchaser, then the Vendor, the Owner and the Purchaser shall be bound by these Conditions of Sale. The Vendor shall not be liable to the Purchaser or to the Owner in any manner howsoever arising from the sale of any Lot and in the event of any dispute arising in relation
to any Lot, the Owner’s remedy shall be against the Purchaser and the Purchaser’s remedy shall be against the Owner. In the event that a dispute arises as between Owner and Purchaser in respect of any Lot before the Vendor has paid over any purchase money, BEA on being notified of the said complaint and dispute between the parties, shall lodge any purchase money in their possession in a bank Account until such time as the dispute is resolved as between the Owner and Purchaser they
both acknowledging to BEA that the matter has been so resolved. It shall be the obligation of the Purchaser to pursue the resolution of the dispute and in default of prosecution of same, BEA, on notice to the Purchaser, be at liberty to pay out to the Owner any money that was withheld on foot of the Purchaser’s complaint and shall do so unless the Owner produces evidence to BEA that legal proceedings have been commenced. In the event that a Owner or Purchaser initiates legal
proceedings, BEA shall be bound by these Conditions of Sale and by any Order of Court in relation to the matter.

SALE OF GOODS BY AUCTION – GENERAL CONDITIONS
1. LOTS
1.1 The Purchaser admits that they have not been included to bid by any description representation measurement or statement made by or on behalf of the Owner and agrees that (apart from the agreed price and any matter confirmed in writing by BEA) these Conditions constitute the whole of the contract.
1.2 The Vendor has no authority to make any such descriptions representations measurements or
statements.
1.3 No warranty is given or implied as to fitness for purpose or the quality of Lots sold.

2. SALES
2.1 The successful bidder for any Lot shall be the Purchaser and the contract shall be concluded on the fall of the hammer.
2.2 The Purchaser may not retract their bid, or make it conditional in any circumstances.
2.3 On the fall of the hammer the Purchaser, upon being contacted by BEA, will provide their full name, address and invoicing details as mentioned above.

3. PAYMENT
3.1 In any event all Lots purchased must be in cleared funds by 12 noon on Tuesday 19 November 2024.
3.2 Any Lot will be at the Purchaser’s risk in all respects, once full payment has been made and they are in receipt of the appropriate documentation.
3.3 This market is not required to comply with the requirements of the members accounts regulations of the Royal Institution of Chartered Surveyors. No monies paid to this market are covered by any scheme for the protection of clients’ money operated by the Royal Institute of Chartered Surveyors. This notice is published in accordance with the requirement of the Royal Institute of Chartered Surveyors from whom a more detailed explanation can be obtained by writing to the Standards and Practice Department, The Royal Institute of Chartered Surveyors, 12 Great George Street, Parliament Square, London, SW1P 3AD

4. DISPUTES
4.1 In the event of dispute as to bidding BEA may either put up and re-offer for sale the Lot or Lots in question, may decide the dispute, or decide the winning bid is frustrated and cancel the sale.
4.2 Any other dispute arising in any way out of any lot or its sale shall be decided by BEA.
4.3 BEAs’ decision in any such case shall be final and binding in all respects.

5. CONDUCT OF THE AUCTION
5.1 The Vendor may offer any Lots subject to a reserve price.
5.2 The Vendor reserves the right to rescind any sale within 3 hours of the final Lot being sold if the Lot has been sold under any reserve. In the event of such rescission the purchase price or any part already paid by the Purchaser shall be repaid but the parties and the BEA shall be under no further liability to each other.
5.3 BEA may refuse the bid of any person without giving a reason and may regulate bidding as they see fit.
6. In the event of breach by the Purchaser of any of these conditions BEA may rescind any contract with the Purchaser. It may:- a) put up and re-sell any Lots the subject matter of such contract and the Purchaser will immediately pay to BEA as a liquidated demand any deficit arising on the second sale if held. b) cancel the contract and return the horse to the Owner.