Brilliance Horse Auction

TERMS AND CONDITIONS OF SALE FOR ALL HORSES SOLD AT AUCTION BY THE BRILLIANCE HORSE AUCTION COMPANY LIMITED (“TBHAC”)

PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY AS THEY FORM THE CONTRACTUAL TERMS OF SALE FOR ALL HORSES SOLD AT ANY AUCTION BY THE BRILLIANCE HORSE AUCTION COMPANY LIMITED. EVERY SELLER, BIDDER AND BUYER SHALL BE DEEMED TO HAVE FULL KNOWLEDGE OF THESE TERMS AND CONDITIONS BY TAKING PARTY IN ANY AUCTION AND AGREES TO BE BOUND BY THEM.

Definitions and interpretation
1. The following definitions and rules of interpretation apply to these terms and conditions:
  
  “Auction” any auction conducted by TBHAC either live and/or virtual and/or hybrid that enables public participation either in person and/or via telephone and/or online via the internet.
  
  “Auction Venue” the location of the auction.
  
  “Bidder” a person who places a bid for a Horse at the Auction.
  
  “Blood Samples” blood samples drawn from each Horse by the Veterinary Surgeon when he attends to inspect a Horse to provide a Pre- Purchase Vetting Certificate. Blood samples will be stored for 6 months from the date of the pre-purchase examination and can be made available for testing for prohibited substances. At the time of examination bloods will also be submitted for EQUINE INFECTIOUS ANAEMIA, PIROPLASMOSIS (IFAT and cELISA, but not CFT as this is not available in the UK). Bloods will also be submitted from any stallions presented for EQUINE VIRAL ARTERITIS.
  
  “Business Day” a day other than a Saturday, Sunday or public holiday in England when banks in London are open for nonautomated business.
  
  “Buyer” the Bidder who places the Winning Bid for a Horse at the Auction that is accepted by TBHAC.
  
  “Buyer’s Premium” the surcharge payable by the Buyer to TBHAC in addition to the Hammer Price to which VAT is added at the current rate as at the date of the Auction.
  
  “Catalogue” the catalogue that is created for the Auction.
  
  “Commission” the commission that is charged to and payable by the Seller to TBHAC on the sale of the Horse to the Buyer at the Auction on terms set out in these Terms of Sale.
  
  “Contract for Sale” the contract formed between the Buyer and the Seller when the Winning Bid is accepted by TBHAC and the Hammer Price is confirmed.
  
  “FCA” the Financial Conduct Authority.
  
  “Force Majeure Event” an event or circumstance beyond a party’s reasonable control including acts of God, flood, drought, earthquake or other natural disaster; epidemic or pandemic; terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; nuclear, chemical or biological contamination or sonic boom; any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, collapse of buildings, fire, explosion or accident; any labour or trade dispute, strikes, industrial action or lockouts; interruption or failure of utility services.
  
  “Hammer Price” the amount of the Winning Bid accepted by TBHAC by the fall of the hammer on the Lot (excluding any VAT, Commission, Buyer’s Premium or other charges).
  
  “Horse(s)” a horse / the Horses consigned by the Seller(s) to be sold at Auction by TBHAC under these Terms of Sale.
  
  “Legislation” any United Kingdom statute or statutory provision subordinate legislation (as defined by section 21(1) of the Interpretation Act 1978) and any other subordinate legislation made under any such statute or statutory provision.
  
  “Lot(s)” the Horse(s) that are offered for sale at Auction identified by lot numbers in the Catalogue and/or on the Website.
  
  “Money Laundering Regulations” the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 as amended.
  
  “Payments” all payments to TBHAC must be made in British Pounds (GBP).
  
  “Pre-Purchase Vetting Certificate” a certificate with a report upon the clinical findings and X-Rays provided by a Veterinary Surgeon following a pre-sale inspection of a Horse conducted to the 5 stage BEVA standard, not earlier than 6 weeks before the Auction.
  
  “Proceeds of Sale” the sum due to be paid to the Seller after its Horse is sold at Auction less the Commission, the Buyer’s Premium, any expenses incurred by TBHAC on behalf of the Seller and any applicable VAT.
  
  “Reserve” the minimum selling price of the Horse determined by the Seller and notified by it to TBHAC in accordance with clause 6
  
  “Seller” the person or entity selling the Horse which includes the owner(s) and any other person(s), other than TBHAC, who offers a Horse for sale and the personal representative(s) of any such person(s) and any agent who consigns the Horse for sale on the owner’s behalf.
  
  “Terms of Sale” the standard business terms and conditions of sale set out in this document together with any special terms of sale notified by TBHAC for a particular Auction whether via its Website or in the Catalogue or announced by TBHAC before the commencement of the sale of any Lot.
  
  “TBHAC” The Brilliance Horse Auction Company Limited a private limited company with company number 15254371 whose registered office is at Windover House, St Ann Street, Salisbury, Wiltshire, United Kingdom, SP1 2DR and whose VAT number is pending and it or its authorised agent is the auctioneer. TBHAC’s full contact details can found on its Website.
  
  “Total Purchase Price” means the total of the Hammer Price for a Lot, Buyer’s Premium, plus any applicable VAT payable by the Buyer on the Hammer Price and Buyer’s Premium after placing the Winning Bid and any additional charges payable by a defaulting Buyer under these Terms of Sale.
  
  “VAT” means Value Added Tax or any equivalent sales tax calculated at the rate payable on the date of the sale.
  
  “Veterinary Surgeon” a member of the Royal College of Veterinary Surgeons with not less than five years’ post qualification equine experience, or, in the case of a Veterinary Surgeon who is not a UK national one who holds a similar qualification from the country where he qualified.
  
  “Veterinary Surgeon’s Certificate” a certificate signed by a Veterinary Surgeon not earlier than 6 weeks before the Auction relating to a Horse sold at Auction confirming the existence of facts or circumstances or stating any particular fact, circumstance or opinion.
  
  “Warranty” an assurance or promise made by the Buyer or Seller under these Terms of Sale.
  
  “Website” TBHAC’s website: www.brilliancehorseauctionco.com.
  
  “Winning Bid” the highest bid for the purchase of a Lot that is accepted by TBHAC
  
  “X-Rays” standard radiographic images of each Horse’s front feet, fetlocks, hocks, stifles, knees, back and neck. To be taken not earlier than 6 weeks before the Auction
2. Clause headings shall not affect the interpretation of these Terms of Sale.
3. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
4. A reference to a person includes a corporation.
5. A reference to any party shall include that party’s personal representatives, successors and permitted assigns.
6. A reference to writing or written includes email.
7. References to clauses are to the clauses of these terms and Terms of Sale.
8. References to any Legislation include a reference to any Legislation which that Legislation has directly or indirectly replaced (whether with or without modification); and that Legislation as re-enacted, replaced or modified from time to time, whether before, on or after the date of these Terms of Sale.
9. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
10. In these Terms of Sale the words “you”, “yours”, etc. refer to the Buyer, Bidder and Seller. The words “we”, “us”, etc. refer to TBHAC.
11. Information about the Auction may appear in the Catalogue, and/or on our Website. It is the Buyer’s responsibility to review that information.
12. A description of the main characteristics of each Lot is provided in the Catalogue and/or on our Website.
General Information
1. Our name, address and contact details are set out in these Terms of Sale and on our Website. VAT will be charged where applicable and a VAT is pending and will be displayed on our Website when available.
2. The location of the Auction Venue and the Lots will be provided within the Catalogue and/or on our Website.
3. The amount to be paid by the Buyer after placing the Winning Bid will be comprise the Hammer Price and Buyer’s Premium plus any applicable VAT and as set out at Clause 10.
4. Arrangements for delivery or collection of the Lot are set out at Clause 11.
5. If you have any complaints about the Auction and/or Auction process please contact with us using the contact details set out in clause 32.
Registering to bid and bidding
1. Bidders will be required to register with TBHAC or create an account on TBHAC’s Website before the Auction starts and before bidding on any Lot.
2. Bidders must also provide us with any requested proof of identity and billing information, in a form that is acceptable to us in order to comply with Money Laundering Regulations.
3. We reserve the right to impose a deadline prior to the Auction before which you must register with us to place any bid in the Auction. This deadline may be several days before the start of the Auction to allow us sufficient time to carry out the necessary checks required under the Money Laundering Regulations.
4. We may refuse to accept your registration at TBHAC’s sole discretion if you do not provide us with all the information and documentation that we request as part of the registration process.
5. These Terms of Sale shall apply to any person from the time that they register or create an account on the Website or, if earlier, from the time that they first place a bid either in person or online or by telephone.
6. Anyone that has registered to bid in any capacity at the Auction understands and accepts that placing a Winning Bid will result in an irrevocable obligation for that Bidder to purchase the Lot for the Hammer Price plus the Buyer’s Premium and all applicable VAT.
7. We strongly recommend that you attend the auction in person if possible. You are responsible for your decision to bid for a particular Lot. If you bid on a Lot, including by telephone and online bidding, or by placing a commission bid, we assume that you have carefully inspected the Lot and satisfied yourself regarding its condition.
8. Bidders will be deemed to act as principals, even if the Bidder is acting as an agent for a third party. Any person intending to bid for any Lot as an agent shall inform TBHAC before the Auction begins and shall, if requested by us, disclose the name and address of his principal, with whom they shall be jointly and severally liable.
9. TBHAC reserves the right, acting in our sole discretion, to suspend and/or cancel Bidder, Buyer and/or Seller accounts at any time if we suspect that a Bidder, Buyer and/or Seller is undermining or abusing our Auction process, for example by seeking to purchase a Horse offline in order to avoid the payment of the Commission or for any other reason.
10. We, as auctioneer, usually act on behalf of the Seller whose identity, for reasons of confidentiality, is not normally disclosed. If you buy at Auction your contract for the purchase of the Lot is with the Seller, and not with us TBHAC.
11. If you instruct us in writing, we may execute commission bids on your behalf. Neither we nor our employees or agents will be responsible for any failure to execute your commission bid unless our failure to do so is unreasonable. Where two or more commission bids at the same level are recorded we have the right to prefer the first bid made (where this can be reasonably ascertained).
12. The Bidder placing the Winning Bid for a Lot accepted by TBHAC will be the Buyer at the Hammer Price and is liable to pay the Hammer Price, Buyer’s Premium, any applicable VAT and as set out in Clause 10 below.
13. Bidding increments will be at TBHAC’s sole discretion (but will be in line with standard auction practice).
14. No person may advance on the previous bid less than the sum announced from time to time by TBHAC. No bid may be retracted once made.
15. We may bid on Lots on behalf of the Seller up to one bid below the Reserve. We may refuse to accept any bid if it is reasonable for us to do so.
16. Lots will be invoiced to the name and address on the Bidder registration form and/or registered to the Bidder’s website account.
17. In all cases where a person whose bid is accepted is acting as an agent, whether or not he has disclosed that fact, he and his principal shall be deemed to be and shall remain jointly and severally liable and no steps taken or proceedings commenced against the principal or the agent shall be deemed to operate as an election discharging the other from liability unless such steps or proceedings result in a final satisfied judgement.
Descriptions and condition
1. All Horses are sold on an “as seen” basis subject to any warranties provided by the Seller that are set out in these Terms of Sale at Clause 14.
2. The Buyer accepts the Horses are pre-owned and that they have had the opportunity of attending the Auction in person.
3. As we act on behalf of the Seller, we are dependent on information provided by the Seller about their Horses.
4. Statements by us including but not limited to those relating to description, ownership, title, breeding, age, condition, potential, history or suitability for purpose of any Horse are matters of opinion and do not under any circumstances constitute a representation and/or warranty and/or guarantee by and/or on the part of TBHAC.
5. All measurements for each of the Horses that appear as Lots on the Website and/or in the Catalogue should be regarded as approximate.
6. The images and videos of the Horses on our website and catalogue are for illustrative purposes only. Every effort is made to ensure the accuracy of the images and any video footage on our Website and images in our Catalogues, however, due to variations in the printing process and in the screen settings of individual computers, tablets and phones, we cannot guarantee that the colour and/or presentation of an image and/or video footage is representative of the Horse that comprises any Lot. Any images, illustrations, photography or video footage of the Horse are provided for guidance purposes only and must not be relied upon by the Buyer in any manner whatsoever. The images do not under any circumstances constitute a representation and/or warranty and/or guarantee by and/or on the part of TBHAC as to the Horse.
7. All Horses to be sold at Auction will have a Pre-Purchase Vetting Certificate. The Pre-Purchase Vetting Certificate for each Horse is for information purposes only and does not constitute a representation and/or warranty and/or guarantee by and/or on the part of TBHAC or the Veterinary Surgeon.
8. All Horses to be sold at auction will have X-rays. All X-rays will be available on the Website for potential Bidders to study prior to the day of the Auction. The X-rays taken of each Horse are for information purposes only and do not constitute a representation and/or warranty and/or guarantee by and/or on the part of TBHAC or the Veterinary Surgeon.
9. TBHAC recommends potential Bidders to obtain their own independent veterinary advice and should a potential Bidder engage an independent Veterinary Surgeon to opine on the Horse or the X-Rays the Bidder shall be solely responsible for procuring and paying for such an opinion. TBHAC shall have no liability in relation to the procurement, provision, payment, result or outcome of any third party opinion. Unless otherwise specifically agreed the X-Rays will remain the property of TBHAC when the Horse is sold.
10. A Blood Sample will be retained by the examining Veterinary Surgeon for a period of six months for future analysis should this be requested by the Buyer. TBHCA accepts no responsibility for the taking of this sample or its safe retention. The costs of testing a Blood Sample shall be the sole responsibility of the Buyer.
11. The Buyer acknowledges that TBHAC has no duty to the Buyer to investigate the accuracy of the description of any Horse provided by or on behalf of the Seller and/or any Veterinary Surgeon.
12. You will have an opportunity to view and inspect and try the Horses comprising the Lots before the Auction. You (and any independent consultants acting on your behalf) must satisfy yourself about the Horse/Lot. TBHAC shall not be responsible for any act or omission by Buyers or their consultants and/or any Veterinary Surgeon engaged by and/or representing Buyers concerning viewing, inspection, appraisal or trial of a Lot, including them not viewing or inspecting.
13. TBHAC does not make or give and does not agree to make or give any contract, promise, undertaking, obligation, guarantee, warranty or representation of fact, or undertake a duty of care in relation to description, ownership, title, breeding, age, condition, potential, history or suitability for purpose of any Horse or any other matter connected or relevant to the Horse, Lot or Auction to Bidders, Sellers or Buyers.
14. The Buyer acknowledges that participating in an online Auction carries a higher degree of risk than participating in an Auction in person.
15. Except as expressly provided for in these Terms of Sale there shall be no condition or warranty, otherwise than as to title, with regard to any Horses sold and the Buyer shall take delivery of each Horse with all faults, imperfections and errors of description.
16. No claim by a Buyer under these Terms of Sale shall be valid unless the Buyer first notifies TBHAC in the manner and within the timeframe set out in these Terms of Sale.
Guide Price and VAT
1. Any guide price that may be provided by TBHAC whether oral or written is a statement of opinion and not a representation of fact and is for guidance purposes only to help Bidders gauge what sum might be required to purchase a Horse. Any guide price should not be relied on as an indication of the actual selling price or value of the Horse. The guide price is not definitive nor is it warranted by us.
2. Subject to meeting any Reserve a Horse may sell for a Hammer Price that is higher or lower than the guide price. A guide price does not include the Buyer’s Premium or VAT.
3. Unless otherwise stated in these Terms of Sale and/or in the Catalogue, all Horses sold at the Auction will be subject to VAT at the standard UK rate of 20%. VAT will be applied to and will be payable in addition to the Total Purchase Price.
4. If a Horse is purchased by an overseas person or business and the Horse is removed from the UK within three months of purchase it will be zero-rated for UK VAT purposes, provided that the Buyer provides TBHAC with:
  1. proof of overseas residency, such as financial documentation, a tax residency certificate or similar; and
  2. proof of exportation of the Horse, such as a transportation invoice document or similar.
    
    If the above requirements are not met and/or the Horse is not exported within the three-month time limit, UK VAT will be payable on the Total Purchase Price at the full standard rate.
5. If Horses are exported to the European Union (EU), Buyers should be aware that while the zero rating for UK VAT may apply subject to the requirements at clause 5.4 being met EU VAT and Import Duty may be chargeable at the border at the time of import into the EU. It is the sole responsibility of the Buyer to investigate whether any EU VAT or import duty may apply, and to settle any liabilities that may arise. TBHAC accepts no responsibility or liability in relation to any VAT or levies charged on any sale.
6. TBHAC reserves the right to sell Horses on behalf of a third party, in the capacity of an equine sales agent. Where TBHAC is acting in this capacity, it will be made clear prior to and/or during the Auction and TBHAC will confirm whether the owner is registered for UK VAT. If the owner is registered for VAT, UK VAT at the standard rate will be applicable to the transaction unless the Buyer exports the Horse and complies with the requirements set out at clause 5.4 above. If the owner is not registered for UK VAT, no VAT will be applicable.
Reserve
1. Horses will normally be offered subject to a Reserve.
2. On behalf of ourselves and the Seller we may:
  1. fix a Reserve;
  2. bid on behalf of the Seller up to the value of the Reserve;
  3. withdraw any Lots or to vary the order of the sale; and
  4. without giving any reason, to refuse to accept the bids of any person.
3. A Seller who wishes to fix a Reserve on any Horse owned by him shall notify TBHAC in writing to info@brilliancehorseauctionco.com at the same time as the Seller proposes the Horse for inclusion in the Auction.
4. If a Reserve is not agreed in writing when the Horse is proposed for inclusion in the Auction TBHAC may sell the Horse to the highest bidder.
5. Reserves must be reasonable We may decline to offer for sale any Horses which, in our opinion, would be subject to an unreasonably high reserve.
6. Once we have agreed a Reserve, this cannot be changed except with the Seller’s and TBHAC’s written consent.
7. Where a Reserve has been agreed only we may bid on the Seller’s behalf and only up to one bid below the Reserve.
8. The Seller will not in any circumstances bid personally or ask anyone else to bid on the Seller’s behalf. If such a bid results in a Winning Bid then the Seller will be liable to TBHAC for any and all losses if the purchase does not proceed.
Buyer’s Premium
1. You will pay a Buyer’s Premium on the Hammer Price of each Lot purchased at a rate of 10% of the Hammer Price plus VAT.
Buyer Warranties
1. The Buyer warrants and represents to the Seller and TBHAC that:
  1. they are bidding in good faith with the intention of purchasing the Lot and have the requisite authority to do so if they are bidding on behalf of any third party;
  2. if they place the Winning Bid they will pay the Hammer Price, Buyer’s Premium and any applicable VAT and have the necessary funds available to meet the payment terms;
  3. they do not know, and have no reason to suspect, that the funds used for settlement are connected with, the proceeds of any criminal activity, including tax evasion, or that the ultimate buyer(s) are under investigation, or have been charged with or convicted of money laundering, terrorist activities or other crimes;
  4. where they are bidding on behalf of another person, they have conducted appropriate customer due diligence on the Buyer(s) of the Lot(s) in accordance with applicable anti-money laundering and sanctions laws, and consent to us relying on this due diligence, and will retain for a period of not less than 5 years the documentation evidencing the due diligence and will make such documentation promptly available for immediate inspection by an independent third party auditor upon our written request to do so.
  5. the Buyer will pay all taxes and duties that may be due to be paid by the Buyer after purchasing the Horse including any applicable VAT and/or any taxes and duties relating to the import and/or export of any Lot after purchase.
The Contract of Sale
1. The Contract of Sale will be entered into between the Seller and the Buyer when TBHAC accepts the Buyer’s Winning Bid.
2. The Seller and Buyer agree that the Horse will be sold by the Seller to the Buyer in accordance with these Terms of Sale. A copy of the Terms of Sale will be displayed at the Auction Venue on our Website.
3. The Buyer may directly enforce any terms in the Terms of Sales against a Seller if the Buyer has suffered damages and/or loss as a result of the Seller’s breach of the Terms of Sale.
4. If the Buyer breaches these Terms of Sale, they may be responsible for damages and/or losses suffered by a Seller or us.
5. If we are contacted by a Seller who wishes to bring a claim against a Buyer, we may in our discretion provide the Seller with information or assistance in relation to that claim.
6. We normally act as an agent only and will not have any responsibility for default by the Buyer or the Seller (unless we are the Seller of the Lot).
7. We may delay completion of, or cancel, any Contract for Sale where we have not completed our enquiries required by the Money Laundering Regulations and related Legislation to our satisfaction, or where we have concerns about the Buyer in relation to the Money Laundering Regulations and related Legislation, or where we have reason to believe that the transaction might be unlawful for any reason, or that the sale might put us under any civil or criminal liability.
8. If the Buyer does not comply with the Terms of Sale he shall be bound to keep the Horse concerned with all faults and shall have no claim for damages or otherwise against the Seller or any other person in respect of the sale.
9. In the event of a re-sale by a Buyer before payment has been made in full to TBHAC the Buyer shall hold the proceeds of such re-sale on trust for TBHAC (as agent of the Seller).
10. TBHAC does not have any obligation to pay out to the Seller, until the Buyer has paid the Purchase Price. Any payment to the Seller before the Buyer has made payment in full is made at TBHAC’s sole discretion.
11. If TBHAC accounts to the Seller for the Proceeds of Sale before the Buyer has made payment in full TBHAC shall be entitled to any rights in any Horse which the Seller may have.
Payment for Lots
1. Immediately following your successful bid on a Lot you will:
  1. provide us with in a form acceptable to us (if not already provided to our satisfaction) proof of identity and any other information that we require to comply with Money Laundering Regulations;
  2. pay the Total Purchase Price.
2. We accept payment by bank transfer. We do not accept cash. Payment for any Lot purchased must be made in cleared funds within 48 hours of receipt of our invoice unless agreed otherwise in writing between the Buyer and TBHAC.
3. Any time allowed to pay the Total Purchase Price shall not be construed as a waiver of any right of enforcement or of the right to require earlier payment on any subsequent purchase.
4. If you do not pay the Total Purchase Price in cleared funds by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of Barclays Bank from time to time. Interest shall accrue on a daily basis from the due date until the date of payment of the Total Purchase Price, whether before or after judgment.
5. The Buyer may not sustain any claim under these Terms of Sale unless they have paid the Total Purchase Price and any claim cannot in any circumstances exceed the Total Purchase Price.
6. If the Buyer intends to export any Horse bought at Auction they shall be solely responsible for securing any necessary export licence and fitness to travel veterinary requirements. The Buyer must provide TBHAC with valid export documentation within 90 days of the sale if the Buyer considers the sale to be VAT exempt. If these documents are not supplied to us you will be liable for the immediate payment of any applicable VAT.
Title and Collection
1. Unless otherwise specifically agreed the Seller will make the Horse available for collection from the Seller’s stables upon receipt of payment of the Total Purchase Price. The collection and transportation arrangements for the Horse and all associated costs are the Buyer’s sole responsibility.
2. You may not claim or collect a Horse until you have paid the Total Purchase Price and ownership and title has passed to you.
3. Title to the Horse will pass to the Buyer when TBHAC receives in cleared funds full payment of the Total Purchase Price. Until title has passed to the Buyer the Seller may recover possession of the Lot from the Buyer. All risk passes to the Buyer when the Winning Bid is accepted by TBHAC.
4. Unless notified otherwise, you will (at your own expense) collect any Horses that you have purchased and paid for not later than seven business days following the day of the Auction.
5. For each day that any Horse remains uncollected after the said seven day period TBHAC or the Seller as applicable shall charge livery of £60 per day plus expenses and any applicable VAT.
Selling with us
1. If you consign Horses to us for sale at auction, you will need to provide us with the following information about you, in a form acceptable to us:
  1. your legal name and proof of identity and other information as we may require to conduct such checks under the Money Laundering Regulations as we deem necessary;
  2. your bank account details;
  3. your address and contact details;
  4. your VAT registration number (if applicable).
2. You must provide the Horses to us by any stated deadline (at your expense). We may be able to assist you with this process but any liability incurred in relation to transportation charges is solely your responsibility.
3. If the consignment of a Horse to us for sale at Auction is made by an agent we assume that you (as owner of the Horse) have authorised the consignment and authorised the agent to contract on your behalf.
4. If we sell the Horse on your behalf an invoice will be raised to the Buyer immediately following the Auction.
5. You agree that any future dispute arising from the sale of the Horse by us at Auction is between you and the Buyer.
6. We reserve the right to photograph and video all Horses and the Auction. The copyright in such photographs and footage will be owned by us, along with the text of the Catalogue.
Seller’s Commission
1. We will charge you Commission on the sale of the Horse at a rate of 10% of the Hammer Price plus VAT. This amount will be deducted from the funds transferred to TBHAC by the Buyer of the Horse.
2. If the Horse does not reach its Reserve and is not sold at the Auction or if the Horse is sold by you after consignment and prior to the Auction or within 28 Business Days after the conclusion of the Auction you will be liable to pay Commission at a rate of 10% of the private treaty sale price for the Horse, the costs of the Veterinary Surgeon who supplied the Pre Purchase Vetting Certificate, X-Rays and Blood Samples plus VAT.
Seller’s Warranties
1. The Seller warrants represents and undertakes to TBHAC and the Buyer that:
  1. the Seller is the true owner of the Horse for sale or is properly authorised by the true owner to offer and sell the Horse for sale at Auction on the owner’s behalf;
  2. the Seller has the full power and authority to sell the Horse and to fulfil all of its obligations in connection with the sale of the Horse including but not limited to the unencumbered ability to transfer to the Buyer full title to the Horse free from any third party rights or claims;
  3. the description of the Horse and its competition record as set out in the Catalogue and/or on our Website (as may be amended by any notice displayed at the Auction or announcement by TBHAC at the Auction) is correct and is to the best of the Seller’s knowledge, true and accurate and does not omit adverse behavioural traits or adverse competition history;
  4. the Seller warrants that it will provide to the Veterinary Surgeon who supplies the Veterinary Certificate the Horse’s full clinical history;
  5. where relevant, the Seller has complied with all requirements, legal or otherwise, relating to any export or import of the Horse to the country the Auction is taking place and all duties in respect of the export or import of the Horse have been paid;
  6. the Horse is not connected with, the proceeds of any criminal activity, including tax evasion, or that the ultimate owner(s) are under investigation, or have been charged with or convicted of money laundering, terrorist activities or other crimes;
  7. the Horse will be accompanied to the sale with an approved current passport which must be handed in to TBHAC immediately on arrival at the Sales Venue and be suitably vaccinated. No Horse will be allowed into the Sales Venue without a current passport and compliant vaccination history;
  8. the Seller will pay all taxes and duties that may be due to be paid by the Seller following the sale of the Horse.
2. The Seller further warrants and represents that the Horse is as set out in the Veterinary Certificate and/or Catalogue and/or on the Website as may be amended by notice displayed on the Website or at the Auction.
3. You must let us know promptly, and in any event before the start Auction, if you find out that the warranties are incorrect and/or if any of the information you have provided to us relating to the Horse is incorrect or incomplete and/or if the Horse does not match the description that you provided to us and is set out in the Catalogue and/or on our Website.
4. Any information that you provide in relation to the Horse may form part of the contract between you and the Buyer.
5. All obligations that apply to the Seller shall apply to the owner of the Horse and their agent, jointly and severally.
Indemnity
1. The Seller shall indemnify TBHAC and the Buyer against all actions, costs, proceedings, claims, damages, demands, charges and expenses which they may sustain or incur by reason of any defect in the Seller’s title or arising from the false or incorrect completion of any documentation or any breach of these terms and conditions.
Settlement to Seller
1. Provided that the Buyer has paid the Total Purchase Price for the Horse and we have completed applicable checks under the Money Laundering Regulations, we will usually pay the net sum due to the Seller within thirty days of the last day of the Auction by bank transfer).
2. We will not submit payment to the Seller of any amount until the Buyer has paid us in cleared funds the Total Purchase Price for the Horse.
3. We will not release the Horse to the Buyer until we have received in cleared funds payment of the Total Purchase Price for the Horse and have completed necessary checks under the Money Laundering Regulations.
4. You must notify us in writing if your bank account details change. We will not be responsible for any payments made to the incorrect bank account if this is because you have not provided us with the correct bank account details.
5. If we make payments to the Seller’s bank account in error, we may request reimbursement by sending you an invoice.
6. We may deduct any sums that the Seller owes to us from the Proceeds of Sale.
Withdrawal of the Horse from the Auction
1. We may acting reasonably at our sole discretion at any time withdraw any Horse from our Auction:
  1. for legal, reputational or operational reasons including if the Seller fails to provide evidence to verify their identity or their title to the Horse to our satisfaction;
  2. if we reasonably believe that the Seller may be, or is about to be, in breach any warranty and/or of these Terms of Sale;
  3. due to an event of Force Majeure.
2. If a Seller withdraws its Horse from the Auction or TBHAC withdraws the Horse due to a negligent act of the Seller, then the Seller shall pay TBHAC Commission at a rate of 10% of the agreed Reserve or the value of the Horse as reasonably assessed by TBHAC when the Horse was presented for inclusion in the Auction, plus the costs of the Veterinary Surgeon who supplied the Pre Purchase Vetting Certificate, X-Rays and Blood Samples plus VAT.
TBHAC Liability
1. We accept no liability whatsoever for the Horse whilst it is in the care, custody and control of TBHAC and accept no liability whatsoever for any liability arising from a claim for any injury or damage or death caused to the Horse(s). We highly recommend that you have your own insurance policy in place to cover such an eventuality.
2. We act in all respects only as agent for the Seller and no warranty is given by us or directors shareholders, employees, contractors or agents and none shall be implied, as to description, ownership, title, breeding, age, condition, potential, history or suitability for purpose.
3. Neither TBHAC nor its directors, shareholders, employees, contractors or agents shall be liable to any Bidder, Buyer or Seller in any respect for:
  1. any defect of title, error of description or imperfection or for any announcement or statement concerning any Horse offered for sale whether made orally or in writing (whether in a sale catalogue, order of sale, advertisement for the sale or otherwise) and whether given before, during or after the sale, nor shall they incur any liability in relation to any dispute between a Seller and Buyer;
  2. any errors, mis-description or false declarations in any documentation produced by the Seller;
  3. any errors with or deficiencies nor any shortcomings with the reading equipment used in the CPRC in accordance with the EID Regulations, or any successor Legislation, nor any reading or print out produced by the said equipment;
  4. any accident which happens to any person at the trial, viewing, the Auction Venue or at TBHAC’s premises, unless it arises out of the negligence of TBHAC and/or its directors, shareholders, employees, contractors or agents;
  5. in the event of any interruption, suspension, cancellation or disturbance to the telephone or on-line auction service nor any loss arising if any of these events occurs;
  6. any loss of opportunity or disappointment suffered as a result of participating in our Auction.
4. TBHAC and/or its directors, shareholders, employees, contractors or agents shall not be liable to any Bidder, Buyer or Seller whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Auction and/or Contract for Sale.
5. In addition to the above, neither we nor the Seller shall be responsible to the Buyer and the Buyer shall not be responsible to the Seller or us for any other loss or damage suffered that is not a foreseeable result of any non-compliance with the Terms of Sale. Loss or damage is foreseeable if it is obvious that it will happen or if at the time of the sale of the Lot, we, the Buyer and the Seller knew it might happen.
6. If we are found to be liable to you for any reason (including, amongst others, if we are found to be negligent, in breach of contract or to have made a misrepresentation), our liability will be limited to the Total Purchase Price paid by you to us for any Lot.
7. Nothing in these Terms of Sale shall limit our liability for:
  1. death or personal injury resulting from our negligence, or the negligence of our employees, agents or subcontractors negligence (as defined in the Unfair Contract Terms Act 1977);
  2. fraudulent misrepresentation; or
  3. any liability which cannot be excluded by law.
Health and safety
1. Although we take reasonable precautions regarding health and safety, you visit the Auction Venue and / or TBHAC’s premises at your own risk. Neither we nor our officers, shareholders, employees, agents or subcontractors are responsible for the safety of you or your property when you visit the Auction Venue and / or TBHAC’s premises, unless you suffer any injury to your person or damage to your property as a result of our, our officers’, share holders’, employees’, agents’ or subcontractors’ negligence.
Time limits
1. Time shall be of the essence of all Terms of Sale which contain time limits. Where the time limited for any person to do anything expires on a Sunday, bank or other public holiday, or on the day next following any such day, then such Sunday or bank or other public holiday shall be excluded from the computation of the time. In the computation of any period of time before or after the Auction the day of the Auction shall be excluded.
Disputes
1. Any dispute about the placing or timing of any bid will be settled by us acting reasonably and at our sole discretion. We may reoffer the Lot for sale during the Auction or may determine the dispute in another way. Our decision shall be final and binding on all parties.
2. If the Buyer refuses to pay or only make partial payment of the Total Purchase Price, the TBHAC may at his sole discretion annul and cancel the sale of that Lot to the Buyer. TBHAC’s decision shall be final and binding on all parties. In the event that a sale is cancelled or annulled neither the Seller’s Commission nor the Buyer’s Premium shall be returned.
3. TBHAC reserves the right to rescind any sale they believe not to be bona-fide, or which they believe may have been achieved fraudulently. TBHAC’s decision shall be final and binding on all parties. In the event that a Horse is returned neither the Seller’s Commission nor the Buyer’s Premium shall be returned.
4. The Buyer will not be permitted to pursue any claim (whether by court process or otherwise) until the Buyer has paid the Total Purchase Price for the Horse that is the subject of the dispute.
5. Any alleged breach of warranty must be notified to TBHAC in writing in accordance with the notice provisions set out in these Terms of Sale at Clause 32 within 14 days of the date of the Auction.
6. If the Buyer fails to notify a breach of warranty to TBHAC within 14 days of the date of the Auction then they will be required to keep the Horse with any alleged faults and will have no claim for damages or otherwise against the Seller or TBHAC in respect of the Horse.
7. If a complaint is notified within 14 days TBHAC has the absolute discretion to determine whether the Horse should be returned to the Seller at the Buyer’s expense and how much of the Total Purchase Price shall be refunded. TBHAC’s decision shall be final and binding on all parties. In the event that a Horse is returned neither the Seller’s Commission nor the Buyer’s Premium shall be returned.
8. In the event that a Horse is bought for export to a country outside the United Kingdom any time frame specified within these Terms of Sale for reporting a breach of warranty will terminate once the Horse leaves United Kingdom soil.
Force majeure
1. No party shall be in breach of these Terms of Sale or be liable for delay in performing, or failure to perform, any of its obligations under these Terms of Sale if such delay or failure results from a Force Majeure Event. If the period of delay or non-performance continues for 4 weeks, the party not affected may terminate the Contract for Sale by giving 7 days’ written notice to the affected party.
Rights and remedies
1. Except as expressly provided in these terms and Terms of Sale, rights and remedies provided under these terms and Terms of Sale are in addition to, and not exclusive of, any rights or remedies provided by law.
No partnership
1. Nothing in these terms and Terms of Sale is intended to, or shall be deemed to establish any partnership or joint venture between any of the parties. Subject to the agency relationship between the Seller and TBHAC and/or any agent and principal relationship declared by the Buyer and/or Seller the Buyer and Seller confirm that they are acting on their own behalf and not for the benefit of any other person.
Further assurance
1. Each party shall use all reasonable endeavours to procure that any necessary third party shall execute and deliver such documents and perform such acts as may reasonably be required for the purpose of giving full effect to these terms and Terms of Sale.
Assignment
1. Neither the Buyer nor Seller shall assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under these terms and Terms of Sale.
Anti-Money Laundering
1. Bidders and Buyers agree to provide all information and assistance reasonably requested by TBHAC to comply with TBHAC’s anti-money laundering processes and to comply with any and all anti-money laundering laws and regulations in force which apply to this contract or to the parties.
Amendments to terms
1. These Terms of Sale may be updated and amended from time to time by TBHAC. TBHAC reserves the right to update or correct any typographical errors or non-material clauses at any time, which changes shall be immediately effective for TBHAC and all sellers, buyers and bidders. Any material changes prior to an Auction shall be notified to Sellers, Buyers and Bidders by way of a notification when accessing the Website.
Amendments to a Contract for Sale
1. No amendment of a Contract for Sale shall be effective unless it is in writing and signed by the Buyer and the Seller (or their authorised representatives) and no amendment will be effective unless agreed in writing by TBHAC.
Waiver
1. A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not constitute a waiver of that or any other right or remedy nor prevent or restrict the further exercise of that or any other right or remedy.
Severance
1. If any provision or part-provision of these terms and Terms of Sale is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these terms and Terms of Sale.
Notices
1. All notices between the Seller and Buyer and us regarding these Terms of Terms of Sale must be in writing and signed by or on behalf of the party giving notice.
2. Notice may be given:
  1. by hand;
  2. by first class pre-paid post or Recorded Delivery; or
  3. by email, provided that a copy is also sent by pre-paid post or Recorded Delivery.
3. Notices must be sent:
  1. by hand or registered post:
    1. to TBHAC to: Hickstead Place, Hickstead, West Sussex, RH175NU marked for the attention of: Chloe Breen;
    2. to the Seller or Buyer at the postal address provided to us as your contact address as part of your registration for the Auction.
  2. by email:
    1. to TBHAC using following email addresses: info@brilliancehorseauctionco.com;
    2. to the Seller or Buyer using any email address that you have given to us as your contact email address as part of your registration for the Auction.
4. Notices will be deemed to have been received:
  1. if delivered by hand, on the day of delivery; or
  2. if sent by first class pre-paid post or Recorded Delivery, two business days after posting, exclusive of the day of posting; or
  3. if sent by email, at the time of transmission unless sent after 17.00 in the place of receipt in which case they will be deemed to have been received on the next business day in the place of receipt (provided that a copy has also been sent by pre-paid post or Recorded Delivery).
5. Any notice or communication given under these Terms of Sales will not be validly given if sent by fax, any form of messaging via social media or text message.
Data Protection
1. We will hold and process securely any personal data in relation to you in accordance with the 2018 General Data Protection Regulation guidelines.
2. Personal information that you provide to us and/or is collected during the creation of your user account is processed in accordance with our privacy policy a copy of which is available on our website: (www.brilliancehorseauctionco.com).
Third party rights
1. No one other than the Seller, Buyer, Bidder and TBHAC shall have any right to enforce any of the terms set out in this document.
Governing law
1. These terms and Terms of Sale and any dispute or claim arising out of or in connection with them (including any non-contractual claims or disputes) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England and the parties irrevocably submit to the exclusive jurisdiction of the English courts.