Warranties & Limitations Disclaimer Policy
‘A Trojan Bloodstock’
ABN 91 160 585 941
The Agent: ‘A Trojan Bloodstock’ ABN 91 160 585 941
DUTIES UNDER THE ANIMAL CARE AND PROTECTION ACT 2001 (QLD)
The Seller and the Buyer agree to comply with their duties under the Animal Care and Protection Act 2001 (Qld) and further to consign, manage, receive, transport and handle livestock in accordance with any other additional requirements of animal welfare legislation specific to the jurisdiction in which the horse are consigned, managed, received, transported and handled in the course of the transaction.
By signing this document, the Parties agree as follows:
1. The Agent cannot guarantee or warrant the accuracy of any information in our advertisements or other forms of communication, including emails and the Agent’s website;
2. The Agent cannot guarantee or warrant the condition or soundness of any horse;
3. The Agent’s role is to find a horse for a Buyer which best suits the Buyer’s description;
4. The Agent agrees that he is liable to pay the Seller the purchase price of the horse less such commission as is agreed between the Seller and the Agent or if in the event there is no specified commission amount, a commission amount of 10% of the purchase price;
5. The Agent will make payment to the Seller less any applicable commission prior to the Seller transporting the horse to the buyer;
6. The seller is responsible for forwarding all relevant documentation with the horse including signed a signed Transfer Form capable of registration along with the horse’s individual identification card;
7. The Agent will not be held responsible for any costs involved or any other associated responsibilities or costs for any delays whatsoever if these documents do not arrive within seven (7) days of the purchase; and
8. The Agent will not be held responsible for any injuries or illness to any horse after the horse has been listed on our website or advertised via the Agent. However, if in the event the Agent does become aware a horse is injured or has become unsound after the horse has been listed with the Agent, the Agent will attempt to inform the Buyer or potential Buyer.
The Seller warrants:
1. That they have the right to sell the horse at the time of delivery of the horse;
2. In the event that the Seller is not the registered owner of the horse, the Seller warrants and declares that he/she has the authority to appoint and authorise the Agent to sell the horse on behalf of the owner;
3. That the Buyer will obtain title on completion of the Buyer’s purchase;
4. The period of appointment of the Agent is a 21 day exclusive appointment period during which no other agent may be appointed to sell the horse. Should the Seller, owner or any other person sell the horse during the 21 day exclusive period, sales commission will still be due and payable to the Agent.
5. That all information given by the seller to the Agent and Buyer is accurate and not misleading;
6. That any surgical procedures that the horse has undergone which are within the knowledge of the seller will be made known to the Agent and Buyer at the earliest practicable opportunity;
7. That any racing bans will be made known to the Agent and Buyer; and
8. That the Seller will notify the Buyer and the Agent if in the event they become aware of any issues or concerns regarding the soundness of the horse during the period in which the Agent has been appointed to sell the horse.
The seller further agrees to indemnify the Agent for a breach of any warranties contained herein.
The Buyer agrees that by entering into a contract of sale with the Agent, the Agent has not made any representations regarding the horse including whether the horse:
1. Is fit for a particular purpose;
2. Is structurally sound;
3. Is of a particular temperament; or
4. Is or isn’t suffering from any defect or ailment.
The Buyer must pay the Agent the full amount of the purchase price within 3 days of receipt of a tax invoice from the agent.
Payment is required prior to delivery of the horse unless some other time for payment has been agreed upon between the Buyer, Seller and the Agent.
The Buyer acknowledges that the Agent may take enforcement, repossession or other action to recover the horse for which the Buyer, or a representative of the Buyer, received without having paid for the horse in full.
If in the event delivery is made to, or possession obtained by the Buyer or its representative prior to full payment, then until full payment is received, the Buyer:
1. Does not acquire title to the horse;
2. Holds the horse as bailee only for the Seller;
3. Must act in a fiduciary capacity in its relationship with the Agent and the Seller; and
4. Is responsible for the safety and well-being of the horse.
PASSING OF RISK
The risk in the horse which is subject to the contract of sale passes to the Buyer upon purchase. The Buyer indemnifies the Agent against any loss, damage, costs, expenses and penalties, fines or claims suffered by the Buyer in relation to the purchase or transportation of the horse.
The Buyer acknowledges the following:
1. The Commission obtained by the Agent is a fee for service.
2. The Agent is not responsible for organising and / or ensuring that the horse is examined by a qualified veterinary surgeon prior to purchase. This is the sole responsibility of the Buyer. The Buyer is to ensure that they are completely satisfied with the soundness of the horse prior to the purchase.
3. In relation to any veterinary report provided to the Buyer, the Agent cannot guarantee or warrant the:
a. Correct assessment of the horse by the veterinarian;
b. The content or accuracy of the veterinarian’s report; or
c. Th accuracy of any statements made by the veterinarian in regard to the horse.
4. The Agent will not be held accountable for any unsoundness or defect with the horse howsoever arising.
5. The Agent is not responsible for ensuring that the National Vendor Declaration, signed transfer and / or identification card for the horse is received by the Buyer and the Buyer acknowledges that the responsibility lies solely with the Seller.
6. The Buyer indemnifies the Agent against any loss, damage, costs, expenses and penalties, fines or claims suffered by the Buyer or the Buyer’s representatives regarding the transportation of the horse.
7. The Agent is not responsible or accountable for the performance or soundness of the horse once leaving the Seller’s care or arriving into the Buyer’s care.
8. The Buyer acknowledges that it is a policy of the Agent that that Buyer have the horse assessed by a qualified veterinarian prior to purchase.
If the Buyer wishes to purchase a horse without a pre-purchase veterinary inspection, the Buyer does so at its own risk.
In the event that the Buyer is not satisfied with the soundness or otherwise of the Racehorse they have purchased, it is the Buyer’s responsibility to raise their concerns with the appropriate parties including the Seller, the Veterinarian who examined the Racehorse and / or the entity that transported the horse.
Buyers please note that horse transportation companies do not usually carry insurance to cover any injury to your horse during transport. A Trojan Bloodstock strongly recommends that you insure your horse prior to transport.