ROSS HILL

SPORT HORSE AUCTIONS

 

TERMS AND CONDITIONS OF PUBLIC AUCTION

 

IMPORTANT

Please read these Terms and Conditions carefully before registering or placing a bid. By registering to bid and/or placing a bid in a Ross Hill Sport Horse Auctions auction, you confirm that you have read, understood and agree to be bound by these Terms and Conditions.

 

Lavender Lakes • Leicester Road • Husbands Bosworth • Leicestershire • LE17 6NW
rosshillsporthorseauctions.com
Last updated: August 2026

 

 

1. DEFINITIONS AND PARTIES

1.1 Ross Hill Sport Horse Auctions

“Ross Hill Sport Horse Auctions”, “the Auctioneer”, “we”, “us” or “our” means Ross Hill of Lavender Lakes, Leicester Road, Husbands Bosworth, Leicestershire, LE17 6NW, United Kingdom, trading as Ross Hill Sport Horse Auctions. Ross Hill Sport Horse Auctions is VAT registered.

1.2 Vendor

“Vendor”, “Seller” or “Owner” means the person or business offering the Horse for sale through Ross Hill Sport Horse Auctions.

1.3 Purchaser

“Purchaser”, “Buyer”, “Bidder” or “you” means the person or business registered to bid and, where applicable, the successful bidder.

1.4 Horse

“Horse” or “Lot” means any horse, pony, foal or other equine offered for sale through Ross Hill Sport Horse Auctions.

1.5 Role of Ross Hill Sport Horse Auctions

Unless Ross Hill Sport Horse Auctions is expressly identified as the owner of a particular Horse, Ross Hill Sport Horse Auctions acts as auctioneer and agent for the Vendor.

The Horse is owned and offered for sale by the Vendor. The contract for the sale and purchase of the Horse is between the Vendor and the successful Purchaser, with Ross Hill Sport Horse Auctions acting as auctioneer and agent in arranging and administering the sale.

2. NATURE OF THE AUCTION

2.1

The Auction is conducted by a transparent competitive bidding procedure administered by Ross Hill Sport Horse Auctions.

2.2

Bidding may be conducted through the Ross Hill Sport Horse Auctions online bidding platform.

2.3 Public Auction

Where the relevant sale is conducted as a public auction for the purposes of applicable consumer legislation, consumers will be given the opportunity to attend the auction in person as well as participating through the online bidding platform.

The location, dates, times and arrangements for attending the Auction in person will be published in the Auction information before bidding begins. Anyone wishing to attend should contact Ross Hill Sport Horse Auctions in advance so that appropriate arrangements can be made.

2.4 Viewing and Trying Horses

Separately from attendance at the Auction itself, every Horse entered in the Auction is available for inspection before the Auction by appointment with the Vendor.

Where appropriate and subject to the Vendor’s agreement and reasonable safety considerations, prospective Purchasers may also arrange to ride and/or try the Horse. Prospective Purchasers may also arrange an independent veterinary inspection of the Horse before bidding.

Each Horse’s auction advertisement will state that the Horse is available for viewing and/or trial by appointment. The county in which each Horse is located will be stated in the Auction catalogue. Full location details are available from Ross Hill Sport Horse Auctions upon request.

2.5

Prospective Purchasers are strongly encouraged to inspect and, where appropriate, try any Horse they are considering purchasing before placing a bid.

3. REGISTRATION AND ELIGIBILITY TO BID

3.1

You must register before you may place a bid. Registration is completed through the Ross Hill Sport Horse Auctions website.

3.2

No bidding deposit is required merely to register or place bids unless expressly stated otherwise for a particular Auction.

3.3

We may require reasonable identification, address, payment and/or other verification information before permitting a person to bid.

3.4

You warrant that all information supplied when registering is true, accurate and complete.

3.5

You must not knowingly permit another person to use your bidding account. You are responsible for bids submitted through your account unless you promptly notify Ross Hill Sport Horse Auctions of unauthorised access which was not caused by your own failure to keep your account or login details secure.

3.6

We reserve the right, acting reasonably, to refuse, suspend or terminate a bidder’s registration where necessary to:

·       protect the integrity or security of the Auction;

·       comply with applicable law;

·       prevent suspected fraud or manipulation;

·       address previous non-payment or material breach of Auction terms; or

·       deal with circumstances where we reasonably believe a bidder may not comply with these Terms and Conditions.

4. PLACING A BID

4.1

A BID IS A SERIOUS COMMITMENT TO PURCHASE THE HORSE.

Before placing a bid, you should:

·       read the complete catalogue description;

·       review all photographs and videos;

·       review the Veterinary Certificate;

·       review the available X-rays;

·       obtain independent veterinary advice where required;

·       inspect the Horse;

·       try the Horse where appropriate;

·       ask any questions you consider relevant;

·       satisfy yourself as to the Horse’s suitability for your requirements; and

·       ensure that you have sufficient funds available to complete the purchase.

4.2

You must not bid on a Horse unless you are willing and financially able to complete the purchase if your bid is successful.

4.3

Subject always to any rights which cannot lawfully be excluded, a bid properly submitted through your registered account cannot ordinarily be withdrawn merely because you have changed your mind, made an error in deciding how much you wished to bid, subsequently decided that the Horse is unsuitable, misunderstood the bidding process, or no longer wish to purchase the Horse.

4.4

Bidders are responsible for ensuring that they have an adequate internet connection, suitable equipment and sufficient time to submit their bids.

5. RESERVES AND BIDDING

5.1

A Horse may be offered subject to a reserve price.

5.2

If the highest bid does not meet the reserve price, the Horse will not automatically be sold.

5.3

Where the reserve has not been achieved, Ross Hill Sport Horse Auctions may contact the highest bidder and the Vendor following the Auction to determine whether a sale can subsequently be agreed. Any such subsequent sale will become binding only when agreement has been confirmed.

5.4

Artificial bidding, collusive bidding, shill bidding or any attempt to manipulate the bidding process is prohibited.

5.5

The Auctioneer may cancel or disregard a bid where there is reasonable evidence of fraud, collusion, artificial bidding, manipulation, an obvious technical error or unauthorised account use.

6. ONLINE AUCTION AND TECHNICAL PROBLEMS

6.1

Ross Hill Sport Horse Auctions will take reasonable steps to operate the bidding platform reliably but cannot guarantee uninterrupted availability of internet, telecommunications or other services outside our reasonable control.

6.2

Ross Hill Sport Horse Auctions is not responsible for a bidder’s internet connection, device failure, browser failure, loss of signal, computer malfunction or delay in submitting a bid, where the problem is outside our reasonable control.

6.3

Where a material failure of the Auction platform or another technical problem affects the fairness or integrity of the Auction, Ross Hill Sport Horse Auctions may, where reasonably necessary:

·       suspend bidding;

·       extend the bidding period;

·       reopen bidding;

·       cancel affected bids;

·       restart bidding on an affected Lot; or

·       reschedule the affected Lot.

Any such action will be taken where reasonably necessary to preserve the fairness and integrity of the Auction.

6.4

Any automatic bid-extension or anti-sniping procedure applying to an Auction will be stated on the website.

7. HORSE DESCRIPTIONS AND INFORMATION

7.1

Horses are offered for sale on behalf of their respective Vendors.

7.2

The Vendor is responsible for providing accurate and complete information concerning the Horse including, where relevant, its identity, age, height, breeding and pedigree, ownership, competition history, veterinary history, previous surgery, known vices, temperament, behaviour and other material characteristics.

7.3

Ross Hill Sport Horse Auctions may prepare, format or edit catalogue material using information supplied by the Vendor but, unless expressly stated otherwise, does not independently verify every statement supplied by the Vendor.

7.4

Nothing in these Terms and Conditions permits a Vendor or Ross Hill Sport Horse Auctions to misrepresent a Horse or removes any legal right which cannot lawfully be excluded.

7.5

Photographs and videos are intended to assist prospective Purchasers. Differences in a Horse’s appearance or movement may arise because of factors including lighting, camera angles, screen settings, riding surface, rider, weather, fitness, condition and the timing of photographs or videos.

7.6

A Horse is a living animal. Its behaviour, movement, performance and temperament may vary according to its environment, rider, handler, management, fitness, feeding, training, workload and other circumstances.

7.7

Statements concerning a Horse’s potential, future ability or prospective suitability necessarily involve opinion and should not be treated as guarantees of future performance.

8. PURCHASER’S INSPECTION AND SUITABILITY

8.1

Every prospective Purchaser is given the opportunity to arrange an inspection of the Horse before bidding.

8.2

Where appropriate and permitted by the Vendor, prospective Purchasers may arrange to ride and/or try the Horse.

8.3

Prospective Purchasers may arrange their own independent veterinary examination before the Auction.

8.4

The fact that a Purchaser chooses not to inspect, try or independently vet a Horse does not mean that Ross Hill Sport Horse Auctions has inspected or assessed the Horse on that Purchaser’s behalf.

8.5

Prospective Purchasers are responsible for making their own assessment of whether a Horse is suitable for their individual requirements.

8.6

No Horse can be guaranteed to remain suitable for a particular rider, discipline, level of competition, home, management system or purpose, because suitability may depend upon numerous matters including the rider’s ability, riding style, management, training and the circumstances following the sale.

8.7

Nothing in this section excludes liability for a specific factual representation or any legal right which cannot lawfully be excluded.

9. VETERINARY CERTIFICATES AND POST-AUCTION RE-EXAMINATION

9.1

A Certificate of Pre-Purchase Examination (“Veterinary Certificate”) will be made available in respect of each Horse and will be dated within one calendar month before the first day of the Auction, unless clearly stated otherwise in the Lot particulars.

9.2

A blood sample will be taken at the examination and retained by the examining veterinary surgeon or veterinary practice for potential subsequent analysis.

9.3

A Veterinary Certificate records the findings and professional opinion of the examining veterinary surgeon at the date and time of that examination. It is not a guarantee of the Horse’s future health, soundness, suitability or performance.

9.4

Unless expressly stated otherwise, Ross Hill Sport Horse Auctions is not the examining veterinary practice and does not provide veterinary advice.

9.5

Prospective Purchasers are entitled and encouraged to obtain their own independent veterinary advice and/or arrange an independent examination before bidding.

9.6 Veterinary Re-Examination Following Purchase

Following the conclusion of the Auction and before the Horse is collected, the successful Purchaser has the right to request that the Horse is re-examined by a veterinary surgeon. The Purchaser must notify Ross Hill Sport Horse Auctions promptly and before collection of the Horse if they wish to exercise this contractual right.

9.7 Appointment and Cost of Re-Examination

Where a re-examination is requested, Ross Hill Sport Horse Auctions will arrange for the Horse to be examined by an independent veterinary surgeon nominated by Ross Hill Sport Horse Auctions. The veterinary surgeon carrying out the re-examination shall not be the veterinary surgeon who completed the original pre-sale Veterinary Certificate. The cost of the re-examination shall be paid by the Purchaser.

9.8 Purpose and Effect of Re-Examination

The purpose of the re-examination is to establish whether there is a veterinary defect or condition of practical significance which was present at the time of sale and which materially conflicts with the veterinary information made available in respect of the Horse before bidding.

If the nominated veterinary surgeon determines that such a defect or condition exists and is of practical significance, the Purchaser may be entitled to repudiate the sale, subject always to any applicable statutory rights.

The nominated veterinary surgeon’s professional opinion as to the existence and practical significance of any veterinary defect identified on the re-examination shall, so far as legally permissible, be final and binding upon the Vendor and Purchaser.

9.9 Acceptance Without Re-Examination

If the Purchaser does not request a veterinary re-examination and proceeds to collect the Horse, the Purchaser will be deemed to have accepted the Horse subject always to any statutory rights or remedies which cannot lawfully be excluded.

Upon collection, the Purchaser may be required to sign or otherwise confirm a collection/acceptance record confirming that the Horse has been collected, that the Purchaser has not requested a veterinary re-examination under this section, and that responsibility for the Horse has passed in accordance with Section 16 of these Terms and Conditions.

Once the Horse has been collected, the contractual right to request a re-examination under this Section 9 shall cease.

10. X-RAYS

10.1

Where required for a Lot, a set of X-rays will be available for prospective Purchasers to review before bidding.

10.2

Where the Auction requires pre-sale X-rays, those X-rays will ordinarily have been taken within one calendar month before the Auction.

10.3

Ross Hill Sport Horse Auctions does not provide a veterinary interpretation or veterinary opinion concerning those X-rays.

10.4

The availability of X-rays does not amount to a warranty or guarantee that the Horse is free from veterinary abnormalities, is suitable for a particular purpose, or will remain sound.

10.5

Prospective Purchasers are strongly advised to have the X-rays independently reviewed by their own veterinary surgeon before bidding.

10.6

A Purchaser who chooses not to obtain independent veterinary advice does so despite having had the opportunity to obtain such advice.

11. BLOOD SAMPLES

11.1

Where a blood sample has been taken as part of the pre-sale veterinary examination, it will be retained by the examining veterinary surgeon or veterinary practice in accordance with that practice’s procedures.

11.2

If a Purchaser has reasonable veterinary grounds to suspect that medication or another substance materially affected the Horse’s presentation at the veterinary examination or sale, the Purchaser must notify Ross Hill Sport Horse Auctions promptly in writing and provide the supporting veterinary information.

11.3

Any testing of a retained blood sample must be arranged through the veterinary practice holding the sample and will be subject to that practice’s procedures, laboratory requirements and applicable veterinary rules.

11.4

The consequences of any positive result will depend upon the substance identified, the evidence available and the Purchaser’s applicable contractual and statutory rights.

12. COMPLETION OF THE AUCTION

12.1

The successful bidder will be the bidder recorded by the Auction system as having submitted the highest valid bid at the conclusion of bidding, provided that any applicable reserve has been satisfied.

12.2

Where the Auction qualifies as a public auction under applicable law, the successful bidder is bound to purchase the Horse when the winning bid is accepted at the conclusion of bidding, subject to any mandatory legal rights.

12.3

Following the successful conclusion of bidding, the winning Purchaser will automatically receive an email:

·       congratulating them and confirming that they have won the Lot; and

·       containing an invoice for a £250 winning-bid deposit.

12.4

The £250 winning-bid deposit is part-payment towards the purchase price. It is not a fee giving the successful Purchaser an option to withdraw from the purchase.

12.5

Payment of the £250 deposit does not discharge the Purchaser’s obligation to pay the full amount due for the Horse.

12.6

Ross Hill Sport Horse Auctions will subsequently issue the Purchaser with the final invoice for the transaction. The invoice will show the purchase price, any VAT properly applicable, any other sums properly payable, the £250 deposit already paid as a credit, and the remaining balance due.

12.7

Where there is a genuine dispute concerning the bidding process, Ross Hill Sport Horse Auctions will review the relevant bidding records and determine the result acting reasonably and in accordance with applicable law.

13. £250 WINNING-BID DEPOSIT

13.1

The successful Purchaser will be invoiced by email for a £250 deposit following confirmation that they have won the Lot.

13.2

The £250 deposit becomes payable upon issue of the deposit invoice in accordance with the payment instructions provided.

13.3

The £250 deposit forms part of the purchase price and will be credited against the final amount due.

13.4

The deposit does not give the successful Purchaser a contractual right to cancel the purchase by simply forfeiting £250.

13.5

Where the successful Purchaser fails to pay the deposit and/or subsequently fails to complete payment after becoming legally bound to purchase the Horse, this may constitute a breach of contract.

13.6

In those circumstances Ross Hill Sport Horse Auctions and/or the Vendor may, subject to applicable law:

·       terminate the sale;

·       apply any deposit already paid towards reasonably incurred losses;

·       offer the Horse to another bidder;

·       re-auction the Horse;

·       otherwise resell the Horse; and/or

·       seek recovery of reasonably foreseeable and recoverable losses resulting from the Purchaser’s breach, including any proven shortfall on resale and reasonable additional sale costs.

14. PRICE, VAT AND FINAL PAYMENT

14.1

All bids are made in pounds sterling (GBP).

14.2

The successful Purchaser must pay the amount properly shown on the final invoice.

14.3

VAT will be charged where applicable and will be identified in the relevant Lot information and/or invoice. The VAT treatment of individual Horses may differ according to the circumstances of the Vendor and transaction.

14.4

The final invoice will show the £250 winning-bid deposit already paid as a credit against the amount due.

14.5

The outstanding balance must be paid by bank transfer in cleared funds within 24 hours of the final invoice being issued, unless Ross Hill Sport Horse Auctions expressly agrees otherwise in writing. A request for a veterinary re-examination under Section 9 does not of itself extend the payment deadline unless Ross Hill Sport Horse Auctions expressly agrees otherwise in writing.

14.6

No Horse will be released until the purchase price and all other sums properly due have been received in full in cleared funds unless expressly agreed otherwise.

14.7

Where legally recoverable, overdue sums may carry reasonable interest and recovery costs.

15. FAILURE OF SUCCESSFUL BIDDER TO COMPLETE THE PURCHASE

15.1

Failure by a successful Purchaser to pay for and complete a legally binding purchase may constitute a breach of contract.

15.2

Where a Purchaser fails to make payment within the required period, Ross Hill Sport Horse Auctions and/or the Vendor may, subject to applicable law:

·       terminate the sale;

·       apply any deposit already paid towards reasonably incurred losses;

·       offer the Horse to another bidder;

·       re-auction or otherwise resell the Horse; and

·       seek recovery from the defaulting Purchaser of reasonably foreseeable and recoverable losses caused by the breach.

15.3

Recoverable losses may include a proven shortfall between the defaulting Purchaser’s winning bid and the amount subsequently achieved on a reasonable resale, together with reasonable additional sale costs arising from the default.

15.4

Ross Hill Sport Horse Auctions and the Vendor will take reasonable steps to mitigate recoverable losses.

16. OWNERSHIP, RISK AND INSURANCE

16.1

Legal ownership of the Horse will not pass to the Purchaser until the purchase price and all other sums properly due have been received in full in cleared funds.

16.2

Subject to Section 9 where a veterinary re-examination has been requested before collection, risk in the Horse passes to the Purchaser upon the earlier of: (a) payment in full; or (b) collection of the Horse by the Purchaser or the Purchaser’s transporter. Where a re-examination has been properly requested under Section 9 before collection, the Horse shall remain in the Vendor’s reasonable care pending that examination and the outcome shall be dealt with in accordance with Section 9 and any applicable legal rights.

16.3

Purchasers are therefore strongly advised to arrange insurance to take effect immediately upon payment in full.

16.4

Once risk has passed, the Purchaser is responsible for arranging appropriate insurance and for risks associated with ownership of the Horse, except to the extent that loss or injury results from another person’s legally actionable fault.

17. COLLECTION

17.1

Unless otherwise agreed, the Horse and its passport must be collected within 48 hours following payment of the purchase price in full. Where the Purchaser has properly requested a veterinary re-examination under Section 9 before collection, collection shall take place promptly following completion of that procedure and resolution of its outcome.

17.2

The Purchaser is responsible for arranging and paying for transportation.

17.3

Unless expressly stated otherwise, collection will take place from the Vendor’s premises.

17.4

The county in which the Horse is located will be identified in the Auction catalogue. The full collection address will be provided to the successful Purchaser.

17.5

Collection must ordinarily be arranged with at least 24 hours’ notice unless otherwise agreed with the Vendor.

17.6

Where a Horse is not collected within the required period, reasonable keep charges may become payable. Unless a different amount has been stated before bidding, the charge will be £50 per day, payable to the person responsible for keeping the Horse.

17.7

Any agreement permitting the Horse to remain with the Vendor for longer does not alter ownership or risk arrangements unless expressly agreed in writing.

18. UNWEANED FOALS

18.1

A foal which is not yet weaned will remain with the Vendor until the Vendor reasonably determines that it is appropriate for the foal to be weaned.

18.2

The Vendor will remain responsible for keeping and insuring the foal until the agreed collection date following weaning.

18.3

The Purchaser will ordinarily receive at least 14 days’ notice of the intended collection date.

18.4

Transportation following weaning is the Purchaser’s responsibility and expense.

19. EXPORT PURCHASES

19.1

Purchasers intending to export a Horse are responsible for establishing the import requirements, export requirements, customs requirements, veterinary requirements, health certification, transportation requirements, tax requirements and other legal requirements applicable to the destination country.

19.2

Unless expressly agreed otherwise in writing, the Purchaser is responsible for all export transportation, customs charges, import taxes, duties, veterinary certification costs and associated expenses.

19.3

Any UK VAT treatment relating to export will be determined according to applicable legislation and the evidence required by HMRC.

19.4

Where a Horse is subject to a carnet or other relevant documentation, this will be identified where known.

20. PUBLIC AUCTION AND CANCELLATION RIGHTS

20.1

Where a sale meets the statutory definition of a public auction, consumers will be given the opportunity to attend the Auction in person.

20.2

All Horses are also made available for viewing and, where appropriate, trial before the Auction by prior appointment.

20.3

Where the sale legally qualifies as a public auction, any statutory cancellation right which would otherwise apply to certain distance contracts does not apply where the law provides for that exemption.

20.4

Accordingly, where the public-auction exemption lawfully applies, a Purchaser cannot return a Horse simply because they have changed their mind, subsequently decide they do not want the Horse, the Horse is not a suitable match for them personally, their circumstances change, or they would prefer to purchase a different Horse.

20.5

The opportunity to inspect and try Horses before bidding is provided so that prospective Purchasers can make appropriate enquiries and satisfy themselves before committing to a purchase.

20.6

Nothing in these Terms and Conditions excludes or restricts any statutory right or remedy which cannot lawfully be excluded or restricted.

21. LIMITED AUCTION WARRANTY

21.1

Without limiting any statutory right which cannot legally be excluded, the following additional Auction warranty applies.

The Purchaser must notify Ross Hill Sport Horse Auctions in writing within seven days of payment if the Purchaser alleges that at the time of sale the Horse:

·       had a materially inaccurate pedigree;

·       was a wind-sucker and this had not been disclosed;

·       was a crib-biter associated with wind-sucking and this had not been disclosed;

·       was a weaver and this had not been disclosed;

·       exhibited habitual box walking and this had not been disclosed;

·       had previously been tubed, fired, unnerved or undergone surgery for unsoundness and this had not been disclosed;

·       where applicable, was a male Horse which should have had two testes fully descended and palpable within the scrotum but was a rig or cryptorchid and this had not been disclosed; or

·       was expressly described as being in foal but is established not to have been in foal at the relevant time.

21.2

A claim under this additional Auction warranty must be supported by appropriate independent veterinary evidence or other appropriate professional evidence.

21.3

Ross Hill Sport Horse Auctions and/or the Vendor may obtain an independent second veterinary opinion where reasonably necessary.

21.4

The Horse must not be returned without prior written agreement or a legal entitlement to return it.

21.5

Where a return is established under this warranty, arrangements for return must be agreed promptly. The Purchaser must take reasonable care of the Horse pending resolution of the matter.

21.6

This Auction warranty is additional to and does not replace or restrict any statutory rights which cannot lawfully be excluded.

22. VIEWING, RIDING AND TRYING HORSES

22.1

Horses are living animals and can behave unpredictably. Anyone attending a Vendor’s premises to view, handle or ride a Horse must exercise reasonable care and comply with reasonable safety instructions given by the Vendor, yard owner or other person responsible for the premises.

22.2

Prospective Purchasers must honestly disclose their riding experience and ability where requested.

22.3

A Vendor may refuse to allow a prospective Purchaser to ride or handle a Horse where the Vendor reasonably considers this necessary for the safety or welfare of the Horse, the prospective Purchaser, the rider, staff or another person.

22.4

Prospective Purchasers should wear appropriate riding and safety equipment when trying a Horse.

22.5

Nothing in these Terms excludes or restricts liability for death or personal injury caused by negligence where such liability cannot lawfully be excluded.

23. RESPONSIBILITY OF ROSS HILL SPORT HORSE AUCTIONS

23.1

Ross Hill Sport Horse Auctions acts principally as auctioneer and agent facilitating a sale between the Vendor and Purchaser.

23.2

We do not exclude responsibility for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, our own breach of obligations which cannot lawfully be excluded, or any other liability which the law does not permit us to exclude.

23.3

Subject to clause 23.2, Ross Hill Sport Horse Auctions is not responsible for losses arising solely from:

·       information which a Vendor supplied to us and which we reasonably reproduced without knowing it to be inaccurate;

·       a Purchaser’s decision not to obtain available independent veterinary advice;

·       a Purchaser’s decision not to inspect or try a Horse;

·       changes in a Horse’s behaviour, health, condition or performance occurring after risk has passed where not caused by a breach for which we are legally responsible; or

·       internet, telecommunications or equipment failures outside our reasonable control.

23.4

Nothing in these Terms and Conditions is intended to remove or restrict a consumer’s statutory rights.

24. VENDOR’S RESPONSIBILITY FOR INFORMATION

24.1

The Vendor is responsible for ensuring that information supplied concerning the Horse is accurate and is not misleading.

24.2

The Vendor is required to disclose material information known to them which would reasonably be relevant to a prospective Purchaser’s decision to bid.

24.3

The Vendor must have legal title to the Horse or proper legal authority to sell the Horse.

24.4

The Vendor remains responsible for the Horse’s welfare and reasonable care until risk passes in accordance with these Terms and Conditions.

24.5

Ross Hill Sport Horse Auctions’ separate agreement with the Vendor may impose additional warranties, disclosure obligations and responsibilities upon the Vendor.

25. CHANGES OR WITHDRAWAL OF A LOT

25.1

The Vendor may not withdraw a Horse from the Auction except in accordance with the Vendor’s agreement with Ross Hill Sport Horse Auctions.

25.2

Ross Hill Sport Horse Auctions may withdraw a Horse before completion of the Auction where reasonably necessary, including where:

·       the Horse becomes ill or injured;

·       a material veterinary or welfare concern arises;

·       materially inaccurate information is discovered;

·       ownership or authority to sell is disputed;

·       the Vendor materially breaches their obligations;

·       withdrawal is required by law; or

·       another serious matter arises affecting the integrity of the sale.

25.3

Where important information concerning a Lot changes before bidding concludes, Ross Hill Sport Horse Auctions may amend the catalogue information or publish an appropriate notice.

26. PERSONAL INFORMATION

26.1

Ross Hill Sport Horse Auctions will process personal information in accordance with its Privacy Policy and applicable UK data-protection legislation.

26.2

The Privacy Policy will be available through the Ross Hill Sport Horse Auctions website.

26.3

Information reasonably necessary to administer and complete the sale may be exchanged between the Auctioneer, Vendor and Purchaser.

27. TRANSFER OF RIGHTS

27.1

A Purchaser may not transfer their rights or obligations under a completed purchase to another person without the written agreement of the Vendor and/or Auctioneer where appropriate.

27.2

Ross Hill Sport Horse Auctions may transfer its rights or obligations where reasonably necessary as part of a transfer or restructuring of the Auction business, provided this does not reduce a consumer’s contractual rights.

28. SEVERABILITY

Each provision of these Terms and Conditions operates separately. If any court or competent authority decides that any provision is unlawful or unenforceable, that provision will be treated accordingly without affecting the validity and enforceability of the remaining provisions.

29. NO WAIVER

If Ross Hill Sport Horse Auctions or the Vendor does not immediately enforce a right under these Terms and Conditions, this does not automatically mean that the right has been waived. A delay in enforcing a right does not prevent that right from subsequently being enforced where legally permitted.

30. COMPLAINTS AND DISPUTES

30.1

Any complaint concerning a Horse or Auction transaction should be submitted promptly in writing to Ross Hill Sport Horse Auctions.

30.2

The complaint should include all relevant information and supporting evidence, including veterinary evidence where the complaint concerns the Horse’s health or veterinary condition.

30.3

Ross Hill Sport Horse Auctions will endeavour to investigate the matter promptly with the Purchaser and Vendor.

30.4

The making or investigation of a complaint does not automatically entitle a Purchaser to reject or return a Horse.

30.5

A Horse must not be returned to Ross Hill Sport Horse Auctions or the Vendor without prior agreement or an established legal entitlement to return it.

30.6

Nothing in this section prevents a consumer from exercising any legal right or remedy available to them.

31. GOVERNING LAW

These Terms and Conditions and any dispute or claim arising from or relating to them are governed by the law of England and Wales. Where legally permitted, the courts of England and Wales shall have jurisdiction. Nothing in this provision deprives a consumer of any mandatory jurisdictional protection to which they are legally entitled.

32. ACCEPTANCE OF THESE TERMS AND CONDITIONS

By registering to bid and/or placing a bid, the Bidder confirms that they:

·       have been given access to these Terms and Conditions before bidding;

·       have read and understood these Terms and Conditions;

·       agree to be bound by these Terms and Conditions;

·       understand that placing a successful bid may create a legally binding obligation to purchase the Horse;

·       understand that a successful Purchaser will automatically receive an email confirming their winning bid together with an invoice for a £250 winning-bid deposit;

·       understand that the £250 deposit is part-payment towards the purchase price and is not an option fee permitting them simply to withdraw from the purchase;

·       understand that they will subsequently receive the final invoice showing the £250 deposit as a credit against the amount payable;

·       understand the importance of inspecting and, where appropriate, trying a Horse before bidding;

·       understand the importance of obtaining independent veterinary advice and having available X-rays reviewed by their own veterinary surgeon before bidding;

·       understand the post-auction veterinary re-examination procedure in Section 9 and that this contractual right must be exercised before collection;

·       understand when ownership, risk and insurance responsibility pass to the successful Purchaser; and

·       understand that their agreement to these Terms and Conditions is subject always to legal rights which cannot lawfully be excluded.

 

ROSS HILL SPORT HORSE AUCTIONS

Lavender Lakes • Leicester Road • Husbands Bosworth • Leicestershire • LE17 6NW
rosshillsporthorseauctions.com


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