Please find below the Terms and Conditions and details on how to Enter for the upcoming WPCS Official Spring Sale held on the 21st May 2023 at Brecon Market (The Livestock Market Warren Road, Brecon LD3 8EX)

Entries close for this sale close on the 14th April 2023 at midnight  – No Late Entries will be accepted

WPCS Official Spring Sale – 21st May 2023 – Terms and Conditions 

Conditions of Sale

The Sale will be conducted under McCartney’s and the Welsh Pony and Cob Society’s Sale conditions printed in this catalogue. Full commission is payable on any lot returned for breach of such conditions.

MCCARTNEYS LLP AUCTION CONDITIONS OF SALE FOR THE WELSH PONY & COB SOCIETY OFFICIAL SPRING SALE TO BE HELD AT BRECON MARKET

All horses and ponies in this sale, are subject to the following conditions of sale, and sold under McCartneys LLP General Conditions of Sale which are available on request and will be displayed in the office on the day of sale. Those lots which are sold for £600 or less are sold as they stand; all other questions of description and condition being entirely at the risk of the buyer.

1. Entry

(1)       A horse shall be entered for a sale on completion of an entry form by or on behalf of the Seller and upon payment to the Auctioneer of the prescribed entry fee.

(2)       On completion of the entry form, which the Seller warrants is complete and correct; they undertake to bring forward the entry for sale. They are warned that the Auctioneers at Official Society Sales reserve the right to refuse future entries from Sellers who without good reason have failed to fulfil their obligation to present all Lots for Sale.

(3)       In the event that the Seller wishes to place a reserve on a lot, the amount of the reserve must be specified in Pounds Sterling on the entry form. Unless written instructions are lodged with the Auctioneers on the entry form, lots will be sold without reserve.

(4)       The Seller warrants to the Auctioneer and to the Buyer that on the day of the Sale, the horse will have no contagious diseases, and produce a DEFRA approved passport.

(5)       All entries will be checked for microchip to correspond with the current passport upon entry to the market.

2. Commission, Buyers Premium & Selling Fees

(1)       The Seller will pay to the Auctioneer a commission of 5% of the hammer price of each Lot plus VAT with a minimum commission of £10 plus VAT per lot.

(2)       Where a horse is “Bought In” the Seller will pay a minimum commission fee of £100 plus VAT or 5% of the hammer price, (whichever is the greater).

(3)       Commission is payable in full by the Seller to the Auctioneers even if a horse is subsequently returned by the Buyer to the Seller in accordance with the complaints procedure hereunder or for any other reason.

(4)       In the event that a horse is sold subject to veterinary examination and in the event that a horse is returned by the Buyer in accordance with a veterinary certificate obtained within the warranty period, then the Seller shall pay to the Auctioneer a commission of 3% of the gross sale price plus VAT.

(5)       A horse, having been entered for a Sale may be withdrawn prior to the Sale upon a payment of a withdrawal fee of £100 plus VAT in addition to the entry fee.

(6)       The Auctioneers reserve the right to charge a penalty fee of £100 plus VAT on all lots entered in the Sale and not brought forward for Sale. This fee may be waived if the withdrawal is on veterinary grounds and suitable veterinary evidence is provided, or if the Auctioneer is satisfied the reason for the withdrawal was acceptable. All withdrawals must be confirmed by written confirmation of the withdrawal, and this confirmation must be with the Auctioneer 7 days prior to the Sale. Any withdrawal after this time for whatever reason will be charged a penalty of £100 plus VAT.

(7)       The Buyer will pay a buyer’s compulsory premium of 5% plus VAT on the hammer price, in addition they will be charged on behalf of the Welsh Pony & Cob Society their current Society transfer fee.

(8)       Any private sale made on the day of sale must be booked through the Auctioneers.

3. Catalogue Description

(1)       The Auctioneer accepts no responsibility for the accuracy of any particulars of a lot given in the catalogue. The Seller is solely responsible for any catalogue description of a Lot.

(2)       Upon receipt of a catalogue, the Seller undertakes immediately to check the accuracy of the relevant catalogue description of the lot and to notify the Auctioneer immediately in writing of any correction, amendment or addition that needs to be made to the catalogue description.

(3)       The following words have the following meanings when used in a catalogue description:

(i)         Unbroken – must be quiet to lead and to halter.

(ii)        Partly Broken – must be capable of being ridden by a competent rider in an enclosed school.

(iii)       Green – must be capable of being ridden by a competent rider at slow paces in open country.

(iv)       Quiet to Ride – must be quiet and easy to manage and ride away, quiet and easily managed at all paces on grass, quiet and mannerly with all traffic on the road.

(v)        Hunter – must be quiet to ride and quiet with hounds – capable of jumping a Novice Country.

(vi)       Jumper – must be able to jump a course commensurate with described capability when ridden by competent rider.

(vii)      Potential – where described as “having potential” for a specific purpose the horse must have the physical capabilities to undertake this purpose or purposes and must be examined as such by the Veterinary Surgeon.

(viii)     Driving Horses- the same guarantees as apply to riding horses in respect of (ii), (iii) and (iv) above. (ix) Pony under 15 hands – must be easily manageable by a child of average competence and age appropriate to the size of the pony.

(4)       The authenticity and accuracy of each entry’s passport is the sole responsibility of the Seller. Any inaccuracies that may occur should be dealt with between the Seller and Buyer.

(5)       The Auctioneer may amend or add to any catalogue description during the course of a Sale and may declare a Sale to be subject to veterinary examination or not during the course of a Sale, in which event any announcement by the Auctioneer takes precedence over any entry in the catalogue.

4. Conduct of the Sale

(1)       The Auctioneers may at their absolute discretion:-  (i) Refuse to accept any bid or bidder.

(ii)        Regulate the bidding as the Auctioneer sees fit.

(iii)       Arrange, consolidate or withdraw any Lot.

(iv)       Cancel or postpone a Sale on account of bad weather or other supervening causes. In the event that a Sale is cancelled, moved or rearranged the Auctioneer shall not be liable to pay compensation to any Seller, Bidder or any other party.

(2)       The Seller reserves the right to bid through the Auctioneer acting as the Seller’s agent.

(3)       The Buyer shall be the highest bidder. In the event of a dispute between two or more bidders as to which is the Buyer, the Auctioneer shall have the right to declare the Buyer or at the Auctioneers discretion to immediately re-offer the disputed Lot for sale.

(4)       The Buyer shall immediately on the fall of the hammer inform the Auctioneer of the Buyers name and address and provide any proof of identity that the Auctioneer may require. Failure in this respect entitles the Auctioneer immediately to offer the Lot for re-sale and the original Buyer shall be liable to make good any difference in price to the Seller.

(5)       Any Buyer bidding as agent for the Principal shall be deemed to have bid on his own behalf as well as on behalf of his Principal and the highest bidder shall be personally liable along with the Principal to the Seller.

(6)       To gain entry on the Sale Premises all lots must travel with their Passport.

(7)       All lots will be checked in through the gates and no lot will be able to leave the Sale Premises until a pass has been obtained from the Auctioneer’s Office.

(8)       The Auctioneers reserve the right to random and/or at the request of Buyers, blood test any entry for substances that have not been declared to the Auctioneers pre-sale.

(9)       The Auctioneers, under the veterinary surgeon’s guidance, reserve the right to refuse entry to any lot showing symptoms of coughing or any other contagious disease.

(10)     All Sellers and Buyers must follow the health and safety procedures and guidelines as laid out in the Sales Catalogue and by representatives of the Auctioneers on the day of sale.

5. Payment

(1)       The Auctioneer, at the Auctioneer’s discretion, may require the Buyer to pay a deposit of 20% of the price of the horse immediately following the sale.

(2)       The Buyer shall pay the Auctioneer in full for the price of the horse within 1 hour of the completion of the sale. Payment in this context may include the tender of a cheque in the full amount although the Auctioneer in the Auctioneer’s discretion may refuse a cheque in which event the Buyer must tender payment in some other manner.

(3)       The Auctioneer shall pay the seller the price of the Lot less Auctioneer’s commission and any other outstanding charges and expenses due from the Seller to the Auctioneer within 21 days of the date of the Sale, provided that:  (i) In the Auctioneer’s opinion the Buyer is a bona fide purchaser and was capable of making a contract i.e. being sound of mind, not in collusion with the Seller and not under the influence of drugs or drink etc.

(ii)        the Auctioneer has been paid in full for the price of the horse by the Buyer, any cheque tendered by or on behalf of the Buyer having cleared; and

(iii)       the Buyer has not initiated the Complaints Procedure set out below. In the event that the Buyer has initiated the Complaints Procedure, the Auctioneer shall retain the price of the Lot pending the outcome of the Complaints Procedure.

(4)       If the Buyer fails to make a payment in full for the Lot, and in the Auctioneers opinion the Buyer is a bona fide person (3. i) and fails to make payment in full for the Lot or Lots the Auctioneer may, at his absolute discretion, resell the Lot and the Buyer shall be liable for any shortfall in price, and any associated expenses connected with such resale.

(5)       The Auctioneers reserve the right to withhold any monies due to the Seller and to rescind the contract for sale if, in our opinion, the Buyer is not a bona fide Buyer and/or incapable of making a contract; i.e. not being sound of mind, being in collusion with the Seller or being under the influence of drink or drugs.

6. Delivery and Risk

(1)       Horses sold as they stand or without Veterinary Examination instruction from the Buyer, shall be at the risk of the Buyer from the fall of the hammer.

(2)       All other horses shall remain at the risk of the Seller until the issue of an acceptable Veterinary Certificate whereupon risk shall pass to the Buyer.

(3)       The Seller shall deliver the horse to the place of the Sale and shall provide the horse with adequate fodder and water for one night and shall provide the horse with a serviceable halter. In the event that the Seller fails to provide the horse with a serviceable halter, the Auctioneer may provide the horse with a halter and charge the Seller for the same.

(4)       Title in the horse shall not pass to the Buyer until the Buyer has made payment in full for the horse by means of cleared funds. Until payment in full by means of cleared funds is made, title shall remain with the Seller.

(5)       The Buyer shall not be entitled to take delivery of the horse until payment in full for the horse has been made. The Auctioneer may at the Auctioneer’s sole discretion allow the Buyer to take delivery of the horse upon the tender by the Buyer or on his behalf of a cheque in the full amount of the price.

(6)       The Buyer, subject to payment in full, must take possession of the horse within 1 hour of the completion of the Sale.

(7)       In the event that a horse is not sold, the Seller shall take back the horse from the Sale premises within 1 hour of the completion of the Sale.

(8)       The Buyer authorises the Seller and the Auctioneer as agent for the Seller to enter upon the Buyer’s land to take collection of any horse in respect of which the Buyer has taken delivery but for which the Buyer has not paid in full.

7. Returned Horses

(1)       Lots may be returned by the Buyer to the Seller if the Buyer of any Lot sold with a Pedigree establishes that the pedigree is inaccurate.

(2)       Lots may be returned by the Buyer to the Seller in accordance with the Complaints Procedure if the Buyer establishes that the description given in the catalogue in respect of a horse is inaccurate.

(3)       Lots may be returned by the Buyer to the Seller subject to the Complaints Procedure set out below if the horse:

(i)         is a wind-sucker (i.e. swallows air whether in association with grasping fixed objects with incisor teeth or not); a crib-biter is not returnable unless the crib biting is associated with wind sucking, in which case the Lot is returnable as a wind-sucker;

(ii)        is a weaver;

(iii)       exhibits box walking;

(iv)       has been tubed, fired, unnerved or operated upon for unsoundness of

any other kind;

(v)        a male horse (other than a foal, a yearling before the 31st December of its yearling year) which does not have two testes fully descended to and fully palpable within the scrotum at the time of the Sale is or shall be deemed to be a rig or cryptorchid;

(vi)       fails to load on the Sale day in a reasonable and acceptable way in a purpose constructed lorry or trailer;

(vii)      has suffered from Sweet Itch;

(viii)     is a breeding mare that requires surgical intervention such as stitching, caslicks etc.; and if the horse has not been described as such in the catalogue or verbally by the Auctioneer at the time of Sale.

8. Veterinary Procedure

Warranty – all lots sold for £600 and over will have a 48-hour warranty period (until 11:00am Tuesday 23rd May)

All lots are sold subject to veterinary examination unless sold for  £600or less, or otherwise stated.

Sellers must check the veterinary board displayed in the Sales Office to see if their lot must be presented for veterinary examination. Sellers should not leave the Sale Site without first checking the vetting board.

(1)       The Seller agrees that a horse shall be sold subject to veterinary examination.

(2)       In the event that the Sale day or post Sale Veterinary Certificate states that the horse does not comply with the physical description given in the catalogue, the Buyer shall not be liable to pay the price for the horse and is entitled to the return of any deposit that may have been paid by the Buyer.

(7)       In the event that a Buyer fails to avail himself of a veterinary examination on the day of a Sale, the Buyer cannot thereafter make complaint of matters, which would have been covered by a veterinary examination.

9. Liability of the Auctioneer

(1)       The Auctioneer acts as agent of the Seller and the Auctioneer gives no warranties of any kind to the Buyer.

(2)       The Auctioneer does not accept liability for:

(i)         The description or pedigree of the horse given in the catalogue

(ii)        The physical condition or performance of the horse sold

(iii)       The payment of the price by the Buyer

(iv)       The return of any horse by the Buyer to the Seller

(v)        The administration of the Complaints Procedure beyond the appointment of an arbitrator in accordance therewith.

10. Complaints Procedure

(1)       The Buyer shall notify the Auctioneer if the Buyer claims to be entitled to return a horse to the Seller in accordance with condition 7 or for any other reason in writing by email to phillip@mccartneys.co.uk by 11:00 am on Tuesday the 23^rd of May

(2)       The Buyer shall follow up this oral notification to the Auctioneer with written notification to the Auctioneer to be received by the Auctioneer within seven days from the date of the Sale. The written notification by the Buyer to the Auctioneer shall set out the grounds upon which the Buyer claims to be entitled to return the horse to the Seller.

(3)       Where appropriate, the Buyer shall submit, along with his written notification, a veterinary certificate confirming any matters in respect of which complaint is made. The failure to submit a veterinary certificate in circumstances where such a certificate is appropriate will mean that the Buyer’s complaint will not be further entertained and the Buyer shall pay the price for the horse in full.

(4)       In the event that the Buyer fails to make oral or written notification of his complaint within the above timescales, the Buyer shall not be allowed to return the horse to the Seller but must make payment for the horse in full unless the Buyer can demonstrate to the satisfaction of the Auctioneer that it was not reasonably practicable for the Buyer to discover the complaint, and to notify the Auctioneer of the same, within the above timescales. However, in no circumstances whatsoever, may the above time limits be extended beyond a period of 14 days after the Sale.

(5)       On receipt of a written complaint together, where appropriate, with a veterinary certificate, the Auctioneer shall send a copy of the complaint and the veterinary certificate to the Seller and the Auctioneer shall appoint a suitable person to act as Arbitrator. The task of the Arbitrator will be to examine and determine the complaint. The name of the person appointed by the Auctioneer to act as Arbitrator shall be notified by the Auctioneer to the Seller and to the Buyer. The Auctioneer shall thereafter have no further responsibility in respect of the Complaint Procedure.

(6)       The examination and resolution of the complaint shall be under the control of the Arbitrator and the Seller and Buyer shall comply with all directions that may be given by the Auctioneer in respect of the complaint.

(7)       The Arbitrator may require, before proceeding to examine and determine the complaint that the Arbitrator’s fees and expenses shall be paid in advance. The Seller and the Buyer shall thereupon each pay one-half of the sum stipulated by the Arbitrator.

(8)       The Arbitrator may direct that the horse shall be subject to such trial as he may direct and the Seller and Buyer shall lend their full co-operation to such a trial.

(9)       If either the Seller or the Buyer fail to comply with a direction of the Arbitrator or fail to pay any sum ordered to be paid by the Arbitrator, then the Arbitrator may at his own discretion decide not to proceed with the examination and determination of the complaint and may, if the Seller is in default, order that the horse be returned to the Seller or may, if the Buyer is in default, order that the Buyer pay the full price to the Seller.

(10)     Upon the determination of the complaint, the Arbitrator may at his discretion order that the unsuccessful party pay to the other all the costs and expenses associated with the Complaints Procedure.

11. Hard Hats

Any person riding an animal on the Sale Premises must wear a hard riding hat of an approved standard and use the designated riding area as signposted within the market area.

12. Special Conditions of Sale

(1)       The Sale Catalogue may contain additional special conditions of sale which may prevail over the aforementioned. In addition, McCartneys LLP Conditions of Sale will apply in additional to any conditions laid down by the Welsh Pony & Cob Society.

(2)       If insufficient entries (under 50) are received, lots will be moved to the Saturday (20th May) and offered within the monthly Horse Sale at Brecon Market in a section in the middle of the catalogued entries.

In this instance, those wishing to withdraw from the Saturday sale will receive a refund less £10 for administration costs.

13. Data Protection Policy

By completing an entry, the seller consents that their details may be shared with the Welsh Pony & Cob Society. A “Customer” is defined as a person who McCartneys LLP does business with, and their information will be stored in our system in accordance with our data protection policy, which can be viewed on www.mccartneys.co.uk.

MCCARTNEYS LLP

APPENDIX – ADDITIONAL SALES CONDITIONS

The Additional Detailed Conditions of Sale as laid down by the WPCS for Official Sales must be incorporated in the Sale catalogue and be included as part of the entry process. All Vendors must sign up to these conditions before an entry is accepted.

1. Entries for Sale will only be accepted from fully paid-up members of the Society. Members are reminded that all conditions and rules laid out in the current Judging and Showing Handbook (2023) apply in terms of code of conduct.
2. Vendors shall be responsible for the correct description of each animal entered for the sale and the descriptions of animals in the Catalogue will be that provided by the Vendor to the Auctioneers; Vendors are solely responsible for such descriptions.
3. Vendors must supply the Auctioneers with the correct and full name of the animal to be sold, its registration number, the name and registration number of its sire and dam, and the year of birth via the WPCS Online pedigree facility .
4. The name and stud name (if applicable) of the Vendor of every animal shall be clearly noted in the Catalogue. The Vendor by entering an animal agrees to a GDPR disclaimer to enable the Company and the Society to share the Vendors details and address with the purchaser to enable the collection of the animal.
5. The Auctioneers shall not accept any entry for the Sale unless the animal’s registration number is specified and validated by the WPCS.

All applications for registration must be submitted to the Society at least 6 weeks prior to the Sale date. The Auctioneer reserves the right to refuse entry for animals whose registration application is received after this date. It is a legal requirement for all animals entered for a sale have a Passport; and that all registered animals should have a microchip inserted according to the new laws in Scotland, England and Wales. All entered animals must be transferred to the ownership of the Vendor prior to acceptance for the sale

6. Once entered and accepted for the sale, the Vendor undertakes not to sell that animal prior to the auction. If a vendor is found to have sold the animal privately prior to the auction they will be barred from entering any future WPCS Official Sales. If found to have acted in such a way the Member may be subject to Disciplinary action.
7. No animal over the age of 18 years will be allowed to be entered; however, dispersal sales are age exempt.
8. Descriptions of individual lots

Heights — the following wording rules apply for Part-breds and Geldings:

On youngstock up to and including 2 years of age, height should read “should make….”

Lots 3 years of age and older, the height will be included if supported by a height certificate from the Joint Measurement Board. Where heights in this section are not supported by a certificate they will be declared as “approximate”.

9. Re. Sections A, B, C & D: Heights on these ponies will be taken out of the catalogue unless supported by a height certificate from the Joint Measurement Board.
10. At the Spring sale a foal may be sold at foot with the mare and may be less than four months old, but no less than three weeks old. If a foal is sold at foot with a mare, it must be microchipped, registered and passported by the WPCS prior to entry for the sale.
11. No guarantee is implied or given that any mare is barren or in foal. Any service dates supplied are given in good faith but are not a guarantee of the mare being in foal.
12. No mare or filly shall be described in the catalogue as “covered” by a registered Welsh stallion, unless the Auctioneers are in possession of a registration application form with the signed inbuilt service certificate, or a signed service certificate by the owner of the stallion. Such service certificates to only be issued for WPCS licenced stallions.
13. Breeding mares or fillies must be either to the knowledge of the Vendor, capable of breeding naturally without any surgical intervention, e.g. stitch, caslicks operation etc., or if any such surgical intervention is required, it must be declared by the Vendor and declared in the catalogue.
14. Animals described as Colts or Stallions that are 4 years old or upwards must hold a WPCS licence number issued by the Society and included in the animal’s passport. 2 and 3-year-old colts are sold with a guarantee that they are fully descended only. No guarantee is given as to Colt Foals or Yearling.
15. The use of plastic bags in the Sale ring in any shape or form is banned.
16. All animals must be led when in the sale ring.

Only two handlers will be allowed in the Sale ring at any one time.

17. No animal under 4 years of age shall be ridden or driven.
18. All handlers in the Sale ring must be 14 years of age or over. This is for health and safety reasons.

Any person riding an animal must wear a hard riding hat of an approved British standard.

All riders and handlers under the age of 14 must wear a hard riding hat of an approved British standard.

19. Any purchased animal can be subject to a vetting at the purchaser’s cost.
20. Purchasers from overseas must make their own arrangement with the Vendor or a third party for housing animals purchased until they are to be exported. All costs of collection are the responsibility of the purchaser.
21. The Auctioneers shall add the current transfer fee per animal sold to the total sum paid by the purchaser. The Auctioneers shall provide to the Welsh Pony and Cob Society a list of the registered Ponies and Cobs sold, by electronic means on the sale day, to include the purchaser’s full name and address and the applicable transfer fees. The passports for animals sold will be updated and available to the purchaser to legally collect and travel their animal.
22. The Company, in conjunction with the Society’s Honorary Veterinary Officer and/or Honorary Welfare Officer (or their representatives), reserve the right to withdraw entry of Lots to the Sale on the advice of the Vendors Veterinary Surgeon.
23. Should any member of the Society be aggrieved by an action of the Auctioneers or Society officers, such as refusal of entries, they may refer the matter to the Society, which will then consider such complaints and take such action (if any) that they consider may be necessary.
24. Any Vendor who commits or knowingly suffers any breach of these rules or anything which under these rules is deemed to be guilty of conduct derogatory to the character of the Society will render himself or herself liable to expulsion from the Society subject to the procedure as laid down in the Society’s codes of conduct and Articles of Association.
25. The Auctioneers and Society reserve the right to remove from the Sale premises and showground any member of the Public who, in the Auctioneer’s or Society’s opinion is acting in a manner not conducive to good business relationships. This action will then be reported to the Welsh Pony and Cob Society.
26. The health and welfare of animals offered for sale by Members as part of the WPCS Official Sales is paramount. The Society recommends that members pay particular attention to

• Overweight or obese animals
• Poor hoof care
• The premature weaning of young foals

As practices which should be avoided and discouraged.

Welsh Pony and Cob Society Disclaimer

At the fall of the hammer, the Society shall incur no liability in respect of or in connection with any loss or harm sustained by a Lot (including theft, death or injury) at any time whilst the animal is pending transfer from the vendor to the purchaser or thereafter.

ENDS