Swatragh Livestock Mart

Terms & Conditions

Auctioneers:
Northern Counties Cooperative Enterprises Ltd

 

General Notice:

Every seller, bidder (including an online bidder), purchaser or any member of the general public while on the Mart’s premises shall be deemed to have full knowledge of these Terms and Conditions which have been approved by the Board of the Northern Counties Cooperative Enterprises Ltd (the Auctioneers) and agree to be bound by them.

 

Conditions:

1. Entry of Livestock
a. The Auctioneers are at liberty to refuse any stock consigned to them for sale or if received to refuse to offer them for sale, and give no guarantee that stock advertised will be sold.
b. The order of sale shall be at the sole discretion of the Auctioneers, either by ballot or otherwise, and the description of the stock to be offered for sale shall be determined by the Auctioneers at the time of sale.

 

2. Transfer of Ownership
a. The contract for the sale of stock shall be entered into at the fall of the hammer. Purchasers shall give their name and address and pay the whole of the purchase money immediately at the end of
the sale, unless otherwise agreed. Cheques are not accepted unless guaranteed, or by prior approval of the Auctioneers. Any cheques presented for payment must not be stopped, deferred or dishonoured under any circumstances.
b. Where a Purchaser fails to take delivery of stock purchased, the purchaser shall be liable for any charges incurred while on the Mart’s premises.

 

3. Bidding for Stock, whether in the Mart or online
a. The Auctioneer reserves the right to refuse to accept a bid without giving any reason.
b. The highest accepted bid shall be the Purchaser, subject to the reserve price, if there is one, being reached and where there isn’t a reserve price, subject to the auctioneer announcing that the sale is a subject sale pending confirmation from the seller.
c. Should any dispute arise between two or more bidders, the lot shall be put up again for sale and
resold.
d. No person shall advance on any bidding less than the reserve (if there is a reserve) and no accepted bid shall be withdrawn.
e. No Seller or Seller’s representative shall bid for the Seller’s own stock.
f. The Auctioneer reserves the right to fix a reserve price, rearrange, consolidate or withdraw any lot or vary the order of sale.

 

4. Private Sale
a. If a person, who has entered stock for sale, sells that stock privately after it has been offered for Auction on the day of sale within the Mart’s premises, the private sale shall be governed by these Terms and Conditions. Private Sales prior to Auctioning are strictly prohibited.
b. In any such case the Seller and the Purchaser shall notify the transaction to the Auctioneers and the purchase money shall be payable to them in full.
c. The Auctioneers reserve the right to charge and recover the whole of the commission which would have been payable if the stock had been sold at auction for the price obtained on the private sale, and if they exercise that right they shall be entitled to deduct commission from the sale proceeds before accounting to the Seller.
d. If a Seller fails to comply with the provisions of paragraph (b) of this condition, he shall be liable to pay the relevant commission to the Auctioneers and may be barred from the Mart if the Auctioneers so decide.

 

5. Name and Title of Owner/Agents
In the event of a sale by an agent on behalf of the owner of stock, the agent shall disclose the owner’s name and address to the Auctioneer

 

6. Principal and Agent: Joint and Several Liability
Where stock is offered for sale by an agent, both the owner and the agent shall be jointly and severally liable under the contact of sale and these Conditions.

 

7. Warranty of Title
a. All stock is accepted for sale on the basis that the Seller warrants that he has the right to sell the stock and undertakes to indemnify the Auctioneers against all actions, proceedings claims, demands, costs, charges and expenses that may be incurred reason of any defect in the Seller’s title.
b. In declaring the owner of the herd or flock from which each animal being offered for sale is registered, the Auctioneers shall be entitled to rely solely on the representation made to them by
the Seller about the testing history of each animal and will not accept any liability for the accuracy or otherwise of the identification of the Seller or the testing information regardless of whether or not the Seller is a dealer pursuant to the Livestock Marts Act 1967 (date of test and identification of Seller) Regulations 2002 (S.I. 188 of 2002) and the Livestock Marts Act, 1967 (Identification of Seller) Regulations 2012 (S.I. No. 52/2012).

 

8. Purchaser/Risk
a. Each lot sold shall be at the Purchaser’s risk from completion of the contract as defined in Clause 2 above.
b. The Purchaser shall, if and when required by the Auctioneer, give his name and address to the Auctioneers and shall pay to the Auctioneers the full purchase money plus commission for each lot purchased as soon as possible after completion of the contract and before the end of the sale.
c. Payment for stock purchased shall be by cash, approved cheque, debit/credit card, electronic bank transfer or bank draft, and in every case, at the discretion of the Auctioneer, General Manager, Financial Controller or Mart Supervisor.
d. Where payment is made by business debit card or business credit card, the costs incurred by the
Auctioneers in accepting this method of payment shall be passed on to the Purchaser.

 

 

9. Transfer of Stock to a Sub-Purchaser
If, before any purchased stock is removed from the Mart’s premises, the Purchaser resells any of the stock to a sub-purchaser and notifies the Auctioneers of the name and address of the Sub-
Purchaser , the Sub-Purchaser shall be entitled to all the rights and subject to all the obligations the original Purchaser was entitled/subject to under these conditions of sale but without prejudice to the right of the Seller and of the Auctioneers as agents for the Seller to hold the original Purchaser liable and to pursue all lawful remedies against him, in the event of the Sub-Purchaser not fulfilling any of those obligations.

 

10. Agents
Where a person whose bid is accepted is acting as an agent, he shall, if so required by the Auctioneers, be bound to disclose the name and address of his principal and in such a case both the principal and the agent shall be jointly liable under these Terms and conditions and the contract of sale. Where the Agent discloses the name of the Principal, the agent remains liable for payment of the stock purchased and the Auctioneers are not obliged to seek payment from the principal.

 

11. Descriptions/Pedigrees
The Auctioneer accepts no responsibility for any descriptive error of any stock offered for sale and shall be under no liability whatsoever, whether direct or consequential, to Sellers, Bidders or Purchasers for any misdescription of stock being offered for sale. Descriptions and pedigrees are supplied by the Sellers who alone are responsible for their accuracy. Any misdescriptions subsequently discovered shall not necessarily annul the sale nor shall any compensation be payable. In the event of a dispute over any misdescription, the Purchaser’s redress, if any, shall be against the Seller only.

 

12. Warranty of Soundness
a. All stock offered for sale will be sold as being of sound health at the time of sale but no warranty, either expressed or implied, is given with any stock, unless expressly stated. Should the Purchaser discover a serious defect in any stock and report the said defect to the Auctioneers before leaving the Mart’s premises, the Seller shall be liable. If the dispute cannot be resolved between Purchaser and Seller, either may request the Auctioneers to obtain the opinion of a veterinary surgeon. The verdict of the Veterinary Surgeon selected by the Auctioneers shall be considered final and Sellers and Purchasers must abide by the Veterinary Surgeon’s decision. The expense of the Veterinary Surgeon shall be borne by the unsuccessful party. No complaints will be entertained after the stock has been removed from the Mart premises.
b. Unsoundness means any condition which in the opinion of a qualified veterinary surgeon adversely affects the value of the animal.

 

13. Failure to pay for Stock
If a purchaser fails to pay for stock purchased the Auctioneers may:-
a. Either by themselves or their Agents retain the stock at the Purchaser's sole risk until payment is received and shall have a lien upon the stock for all expenses, including freight, incurred by them or their agent in keeping, maintaining, treating or otherwise dealing with the stock. Such lien shall not be lost by reason of the fact that the stock is kept elsewhere other than on the Mart’s premises
including the premises of the Purchaser or any third party.
b. All costs associated with the resell of the stock, either by private or public sale shall be the responsibility of the purchaser who failed to pay. Such a resale shall be without warranty or reserve and without notice to the Purchaser.

 

14. Removal of Stock
a. No stock shall be allowed to leave the Mart’s premises without the written consent or a pass-out notice from the Auctioneers.
b. Prior to removal of any stock from the Mart’s premises, the owner must be satisfied with the condition of the stock.

 

 

GENERAL CONDITIONS

 

15. Liability of Auctioneers/Unsoundness/Descriptions
a. The Auctioneers act in all respects only as agents for the Seller and it shall be deemed that no condition or warranty expressed or implied has in any circumstances been given by the Auctioneers or their servants, whether as to title, description, quality or merchantability of the stock sold or otherwise. The Auctioneers and their servants shall not incur any liability to the Purchaser in respect of any announcement or statement relating to or affecting any stock offered for sale whether made orally or in writing and whether given before, during or after the auction, nor shall they incur any liability in relation to any dispute between any Purchaser and Seller.
b. Purchasers should ensure that they receive on the day of sale the correct passports of the stock they purchased. The Auctioneer shall not be liable for any losses incurred by Purchasers due to any discrepancies or otherwise in passport documentation if not brought to the attention of the Auctioneers on day of sale. The authenticity of the passport in regard to the premium status is the responsibility of the Sellers.

 

16. Accidents
The Auctioneers shall not be responsible for any accident that occur to any person, stock, vehicle or other property while on the Mart’s premises.

 

17. Stock/Property Stolen
Stock sold or unsold on the day of sale shall be removed by the Purchaser/Seller at the end of the sale, except where the owners have made prior arrangements with the Auctioneers. However, the Auctioneers accept no responsibility for stock left overnight on the Mart’s premises.

 

18. Entry to Premises
The Auctioneers reserve the right to exclude or remove any person from the Mart’s premises without giving any reason.

 

19. Commission Charges/Entry Fees
The scale of commission charges/entry fees payable by the Seller and the Purchaser shall be fixed from time to time by the Auctioneers at their discretion.

 

20. Special Conditions
a. Sale of Heifers: All stock entered or sold in the heifer section are deemed to be maiden heifers unless otherwise stated at the time of sale and the Sellers shall be responsible for any claims arising from any error in their status.
b. Sale of Dry Cows: All stock entered or sold in the dry cow sections are deemed not to be in calf
unless otherwise stated at the time of sale and the Seller shall be responsible for any claims arising.
The Auctioneers reserve to themselves the right to add, cancel, alter or otherwise modify these general conditions, or any of them, from time to time at their sole discretion.
The Auctioneers may also adopt further Special Conditions, from time to time, as regards the sale or sales of any particular class or classes of stock, and in the event of the Special Conditions being inconsistent, with the General Conditions, the Special Conditions shall prevail as regard the sale, or sales, to which they apply and only to the extent that they are inconsistent.

 

21. Public Display
These Terms and Conditions, with any additions, cancellations, alterations, or modifications, shall at all times be displayed on the Mart’s Notice Board in the Mart Premises.