SPECKLE PARK AUCTION
Terms and Conditions
(c) Females - In the unlikely event a female Stud Lot is proven unable to be bred by a fertile bull, the Vendor will provide a replacement female if a satisfactory replacement is available otherwise, a refund equivalent to the purchase price less a reasonable salvage value. The Guarantee does not apply if the female has been in an artificial breeding program prior to the unsuccessful natural breeding attempts were made. (d) PTIC – If a female Stud Lot sold PTIC does not deliver a live calf from the relevant pregnancy, the Vendor will provide the Buyer with 2 free semen straws from a reasonably comparable bull. The Buyer is responsible any transport costs associated with this semen. (e) A ny claim on the Guarantees in (b), (c) or (d) must be made to the relevant Vendor within 12 months from Auction day and be accompanied by a vet certificate confirming the claim has not arisen as a result of accident, injury, mismanagement or disease sustained or contracted after Auction day. In respect of a breakdown claim, the certificate must also state the cause to be structural failure. Buy Back Guarantee (a) The Promoter guarantees to buy all commercial progeny sired by a bull purchased from this Auction at prevailing commercial rates, provided they meet the following criteria: (i) The sire must have been purchased from the Auction; (i) The progeny must be: A. commercial stock, owned and bred by the Buyer of the relevant sire; B. between 280kg and 320kg; C. weaned no less than 30 days prior to delivery; D. regularly vaccinated and otherwise in good health; E. free from growth hormones; and F. born prior to 1 January 2028. (b) The Promoter or the Vendor may require parent verification to be provided for the Guarantee to be applicable. (c) Where a premium above market rates has been offered in respect of a bull as noted on an individual Lot listing, notwithstanding (a), the Guarantee is provided by the respective Vendor of that bull and the Guarantee claim must be made direct to that Vendor. Disclaimer (a) A ny commentary or assistance provided by the Vendor or Promoter is to be considered as a guide only. It is each Buyer’s responsibility to satisfy themselves as to the suitability of the relevant Lot for their intended use. (b) All reasonable care has been taken to ensure that the information provided in this Catalogue is correct. However, no warranty is given or responsibility assumed in relation to the accuracy of the information provided.
Transport (a) Transport of all live Lots is the responsibility and at the cost of the Buyer. The Buyer must cause its live Lots to be removed from the Auction venue by no later than midday on the day following the Auction. Buyers will be responsible for the Promoter’s reasonable costs associated with the care of live Lots remaining at the Auction venue after this time. (b) Unless agreed with the Promoter prior, any live Lots remaining at the Auction venue on the date 2 business days after the Auction will be considered abandoned and forfeited to the Promoter. Forfeiture of a Lot does not release the Buyer from the liability to pay the purchase price of the relevant Lot/s. Live Lots (a) All live Lots will be made available for inspection prior to commencement of the Auction. Unless an alternate time is agreed with the Vendor and Promoter, inspections of live Lots may be conducted from 1pm on the day of the Auction. (b) Having been provided the opportunity to inspect prior to the Auction, live Lots are sold in an “as is” condition, with all faults (if any) whether latent or patent, subject to any Guarantee. The Buyer must not make any claim or demand in respect of a Lot except in relation to a Guarantee applicable to the relevant Lot. (c) All Stud Lots are purebred Speckle Park animals, registered in the studbook of SPI. (d) Within a reasonable time after the purchase price of a Stud Lot has been paid by the Buyer, the Vendor will provide the Buyer with the required documentation to enable the Buyer to have registration of the Lot transferred to the Buyer or the Buyer’s nominee in the records of SPI. The Vendor may elect to perform this transfer via SPI’s online transfer system. The Buyer must provide the Vendor with all information reasonably required for this purpose. Any SPI transfer fees are payable by the Vendor. (e) The pregnancy status of each female Lot is noted in the Catalogue or Supplementary Sheet. It is the responsibility of the Buyer to satisfy themselves as to the adequacy and accuracy of the Examiner’s examination and assessment. PTIC is not a guarantee that the relevant female is in calf. Neither the Vendor, the Promoter nor the Examiner is liable if the female is not in calf or if the pregnancy fails after the Auction. (f) The biological sire of a PTIC female’s calf is registered in the studbook of SPI and holds any necessary SPI permits. Guarantees (a) Each Stud Lot is guaranteed to be fertile as at the time of the Auction. (b) Bulls - In the unlikely event a bull is proven to be infertile, incapable of service or broken down due to structural failure, the Vendor will provide a replacement bull if a satisfactory replacement is available otherwise, a refund equivalent to the purchase price less a reasonable salvage value.
Definitions Agent means Elders Limited ACN 004 336 636, represented by Elders Beaudesert. Auction means the Hot Spot Multi-Vendor Auction conducted on 21 September 2024. Bidding Conditions means terms pursuant to which a Buyer registers to participate in this Auction. Buyer means the legal entity to whom a Lot is considered as sold to, on the fall of the hammer. Examiner means the person holding the Qualification who examined a female being presented for sale as PTIC, noted in this Catalogue or the supplementary information sheet published prior to the Auction. Guarantee means any guarantee or warranty provided in respect of a Lot in these Terms and Conditions or implied by law. Lot means a lot in this catalogue, presented for sale in the Auction. Promoter means Ceres Property Holdings Pty Ltd ACN 617 295 986 as trustee, trading as Ivery Downs Speckle Park. PTIC means in the opinion of the of the Examiner, the relevant female was in calf on the date stated. Qualification means qualification, accreditation or training completed by the Examiner, noted in this Catalogue or the supplementary information sheet published prior to the Auction. SPI means Speckle Park International Limited. Stud Lot means each of live Lots 1 to 58 being purebred bulls and purebred females, not including calves at foot. Vendor means the legal entity associated with the stud listed as the vendor of a Lot.
Conditions Acknowledgement By participating in the Auction, you are deemed to acknowledge and agree to these Terms and Conditions. Registration Terms These Terms and Conditions apply in addition to the Bidding Conditions. To the extent of any inconsistency between the Bidding Conditions and these Terms and Conditions, these Terms and Conditions prevail. Multi-Vendor Auction (a) The Auction has been organised by the Promoter however, each Lot is presented for sale by its respective Vendor. (b) Guarantees are provided by the Vendor of each respective Lot only, unless otherwise stated. (c) The Promoter provides no warranties or guarantees in respect of the Lots and accepts no liability or responsibility to any Buyer in respect of any Lot whatsoever, unless otherwise stated. GST All Lots are sold exclusive of GST. The purchase price will be the total of the successful bid price plus GST. Payment terms (a) A ll Lots are sold ‘per each’ (i.e the purchase price is on a per head basis). (b) All Lots are at the risk and expense of the Buyer immediately on the fall of the hammer. Neither the Vendor nor the Promoter will be responsible for any loss or damage to a Lot from this time. It is recommended each Buyer consider the need to take out appropriate insurance cover in respect of their purchased Lot/s. (c) Buyers with an approved credit facility with the Agent must pay the Agent for Lots purchased in accordance with the terms of that facility. (d) For Buyers without an approved credit facility with the Agent, invoices will be issued by the Agent to each Buyer following the Auction. Invoices must be paid in full before live Lots may be transported from the Auction venue. (e) Title to each Lot will pass to the Buyer upon receipt of payment of the relevant invoice. (f) In the Vendor’s absolute discretion, Lots that have not been paid for by the date 14 days after the date of invoice may be considered forfeited, in which case the Buyer will have no claim or entitlement in respect of the relevant Lot.
HOT SPOT MULTI-VENDOR SPECKLE PARK AUCTION
15
Powered by FlippingBook