PEDIGREE BEEF BULLSALE
FRIDAY 27thNovember 2015
at 1 pm approx
BALLYMENA LIVESTOCK MARKET
GENERAL CONDITIONS OF SALE
1)The biddings to be regulated by the Auctioneers and the highest bidder, subject to the Vendor’s reserve (if any), to be the purchaser. No bid shall be retracted and if any dispute should arise between two or more bidders, the Lot in dispute to be put up again and resold, or the Auctioneers may determine the dispute at their own discretion and their decision shall be final. The Auctioneers reserve the right to refuse the bid of any person without being called upon to give reason for such action.
2)The Purchaser to give his full name and dwelling place and pay for all Lots purchased immediately at the close of sale. No Lot or Lots shall be removed from the Sale Premises until paid for and a pass-out slip obtained from the Auctioneer’s Clerk. Each and every Lot shall immediately, at the fall of the hammer, be considered as delivered and be and remain in every respect at the absolute risk and expense of the respective purchaser or purchasers thereof and shall be removed from the Sale Premises at the purchaser’s expense. The right of property shall not pass until the full purchase price is paid.
3)Purchasers paying by cheque must be prepared, if required, to produce a banker’s reference.
4)All statements in the Catalogue, or made by the Auctioneers at the time of sale, also the correct identification of the animals, are the entire responsibility of the Vendors. The Auctioneers take no personal responsibility for the correctness of such statements or identities.
5)All statements in the Catalogue, or any made by the Auctioneers at the time of sale relating to any veterinary or other tests are to be taken as statements of fact only. No such statements shall guarantee the purchaser of any animal against loss arising from the subsequent reaction of such animal to any test administered after the sale and the Vendors shall not be liable in any way should this occur.
6)All stock is sold subject to the Conditions of Sale recommended for use at Markets by the Livestock Auctioneers’ Market Committee for England and Wales and the National Farmers’ Union of England and Wales except insofar as those conflict with any Special Conditions applicable to the sale of pedigree stock, when the latter Conditions shall prevail.
7)Neither the Vendors nor the Auctioneers will be responsible for any accident or injury to persons or property, through fire to any other cause whatsoever, nor for any damage by animals prior to, during, or after the Sale.
8)No undertaking by the Auctioneers or their servants to take charge of any Lot or Lots after the Sale or to forward them to their destination shall be held to impose upon the Auctioneers any legal obligation or vitiate any of these Conditions.
9)In as much as the Auctioneers act as agents for a disclosed principal they shall not be considered personally responsible for any default on the part of their purchaser or Vendor and the remedy shall be against them only and not against the Auctioneers.
10)If these conditions are unfulfilled, the Vendors or Auctioneers shall have power to re-sell the Lots, retaining any surplus and charging any deficiency and expense to the defaulter.
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BREEDING WARRANTIES – FEMALE
Any cow or heifer stated in the Catalogue as having been served or artificially inseminated not less than 12 WEEKS before the date of the Sale, shall be guaranteed in calf to the service date or date of artificial insemination and to the Bull stated in the Catalogue, unless any alteration to the service particulars is announced from the rostrum at the time the animal is sold.
The term ‘running with the Bull’ implies to warranty of pregnancy unless specifically stated by the Vendor at the time of sale.
Every heifer sold as unserved shall be so guaranteed and all such heifers (unless sold suckling their dams) shall carry a guarantee that they are capable of breeding. Calves sold suckling their dams are given to the purchaser free and no guarantees apply specifically stated by the Vendor at the time of Sale.
No claim under these Rules will be effective unless made to the Auctioneers within the following time limits, as applicable:-
(a)In the case of a cow or heifer sold as being In Calf, which proved NOT to be so – within 49 DAYS of the date of sale.
(b)In the case of a cow or heifer which, although in calf, does not calve to the stated service or insemination date – Within ONE CALENDAR MONTH of the date that the animal should have calved according to the particulars of service given in the sale Catalogue.
(c)In the case of a cow or heifer, which gives calf to a different, Bull to that stated in the Catalogue particulars of service – within FOURTEEN DAYS of the calving date.
NOTE: Where a cow or heifer calves at a later date than the due date stated in the catalogue, the onus proving the identity of the service bull shall be upon the Vendor
(d)In the case of a heifer sold as unserved and which subsequently proves to be in calf – within SIX CALENDAR MONTHS of the date of sale.
(e)In the case of a maiden heifer which proves incapable of breeding because of malformation or abnormality of the genital system – not before the animal attains the age of THIRTY MONTHS and within ONE CALENDAR MONTH thereafter.
No claims will be admitted under these Rules where it can be proved that a cow or heifer is carrying a mummified calf or has aborted or re-absorbed a foetus and no guarantee is given or implied that any cow or heifer will carry a calf full time.
The Vendor shall, at his own expense, either by himself or through a Veterinary Surgeon, be entitled to examine the animal in question.
All claims must be submitted to the Auctioneers in the first instance, who will forthwith inform the Vendor and the Breed Society, and must be accompanied by a Veterinary Surgeon’s Certificate.
In the event of a claim being established under these Rules, the Purchaser shall have the option of returning the animal to the Vendor, free of expense, in which case the Vendor shall refund the full purchase price, or accepting a sum equal ONE THIRD of the purchase price in compensation. If a sum of compensation is accepted by the Purchaser he shall have no further claim under these Rules in the event of the animal in question subsequently proving incapable of breeding due to malformation or abnormality of the genital system.
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BULL FERTILITY GUARANTEE
(As recommended for use at Official Breed Society Sales by the National Cattle Breeder’s Association)
a)The guarantee (‘the Guarantee’) set out in the Schedule hereto shall apply subject to the exclusions conditions and other provisions herein after contained to all Bulls listed for inclusion in an Auction whose conditions of sale shall state that they incorporate the National Cattle Breeders’ Association Bull Fertility Guarantee and sold in the Auction or on the day of the Auction Sale and notified by either buyer or seller to the Auctioneer as a Sale.
b)No Guarantee whatsoever as to fertility is given to:
(i)Any Bull under the age of 9 months at the date of sale unless otherwise stated in writing, or announced by the Auctioneers at the time of sale.
(ii)Any Bull sold to a non-accredited herd.
(iii)Any Bull which has been rejected by its Breed Society Panel of inspectors prior to the sale.
c)No claim may be made under the Guarantee:-
(i)Unless the Bull is proved incapable of putting a cow or heifer in a state of pregnancy by natural service before any export overseas shall take place, or
(ii)In respect of any Bull which becomes incapable of putting a cow or heifer in a state of pregnancy by natural service as a result of injury or accident or disease happening after the fall of the hammer or notification to the Auctioneer (as the case may be) or
(iii)In respect of any Bull which shall die before the expiration of four months of the date of sale or within four months of attaining the age of 14 months (whichever is the later) or
(iv)In respect of any Bull which does not remain in the ownership and possession of the original purchaser at the sale herein before referred to.
d)The Guarantee is subject to the following conditions:-
(i)That a Bull shall be fairly tried with a view to putting a cow or heifer in a state of pregnancy by natural service within two calendar months of the date of sale or within two calendar months of attaining the age of 14 months (whichever is the later).
(ii)For the purpose of the paragraph ‘fairly tried’ shall not be deemed to have occurred when less than three female animals in season have been properly presented to or run with the Bull.
(iii)If upon purchase of the Bull, it is found impracticable for the buyer to fairly try the Bull within the period stated in sub-paragraph (i) above due to the purchaser’s normal calving programme the Auctioneers must be informed in writing immediately after the sale of the month in which it is proposed to commence using the Bull. At the discretion of the Auctioneers (in consultation with the vendor) the Auctioneers may extend the date of commencement of the trial period to the first day of the month in which the buyer has notified them as aforesaid that he proposes to commence using the Bull. The Auctioneers shall notify the purchaser in writing whether or not they will use their discretion as aforesaid within 7 days of receipt of the said notice in writing from the purchaser.
(iv)That the purchaser shall give notice in writing by recorded delivery to the Auctioneers of an inability of the bull to put a cow or heifer in a state of pregnancy by natural service or a suspected inability in this respect not before the expiration of one calendar month nor after the expiration of three calendar months from the date of sale or of the bull attaining the age of 14 months or any extension of the commencement of the trial period granted under sub-paragraph (iii) hereof whichever is the later.
E)
(i)On receipt of the notice referred to in paragraph D (iv) hereof the Auctioneers shall forward a Bull Fertility Report form to the Purchaser which shall be completed by a qualified Veterinary Surgeon and returned to the Auctioneers within 30 days of the date of issue accompanied by a certificated from a duly qualified Veterinary Surgeon declaring that the inability to put a cow or heifer in a state of pregnancy by natural service is not the result of injury or accident or disease happening after the fall of the hammer or notification of the sale to the Auctioneer (as the case may be) and that he has examined the cows and heifers on which the bull has been tried and has found them in normal breeding condition and that they are not responsible for the bull’s inability to put a cow or heifer in a state of pregnancy by natural service.
(ii)The Auctioneers shall immediately inform the vendor of the receipt of a notice of complaint and shall forward to the vendor a copy of the Fertility Report.
(iii)The purchaser shall give the bull every opportunity of proving himself capable of putting a cow or heifer in a state of pregnancy by natural service within the period of 4 months in the Guarantee mentioned and shall (if required) allow a Veterinary Surgeon appointed by the Vendor to examine and try the bull and in addition shall (if required) allow the vendor to remove the bull to the vendor’s own or their accredited premised in order to try the bull.
(iv)On receipt of the Fertility Report Form (and any other evidence from either vendor or purchaser they shall notify the Auctioneers that they or either of them shall want to give), the Auctioneers shall procure such other evidence or other expert advice as they shall in their absolute discretion think fit to enable them to decide whether the bull is capable of putting a cow or heifer in a state of pregnancy by natural service and may extend the trial period for a time not exceeding two months. The Auctioneers must in any event give their decision as to whether or not a bull has fulfilled the Guarantee before the expiry of six months of the date of sale, or six months of the bull attaining the age of 14 months or before the expiry of two calendar months after the expiry of any extension of the trial period granted by them under paragraph D (iii) hereof (whichever is the later)
F)In the event of the vendor and the purchaser or either of them being dissatisfied with the decision of the Auctioneers or if the Auctioneers shall fail to issue a decision within the time prescribed for such decision under paragraph E (iv) hereof the dispute as to whether the bull is or is not capable of putting a cow or heifer in a state of pregnancy by natural service shall be referred to arbitration by an independent arbitrator who shall forthwith be nominated (failing agreement between the vendor and the purchaser) by the Council of the relevant Cattle Society and the decision of such arbitrator on such matter shall be final and binding on all parties. The arbitrator shall act in accordance with the arbitrator Acts 1950 and 1979 or in accordance with any enactment for the time being amending or replacing the same.
G)In the event of the Auctioneers concluding that a bull is incapable of putting a cow or heifer in a state of pregnancy by natural service under the provision of paragraph E (iv) hereof and no appointment of an arbitrator shall have been made under the provision of Paragraph F hereof or if an Arbitrator shall find for the Purchaser under the provision of Paragraph F hereof the Vendor shall:-
(i)Be bound to accept the return of the bull and on delivery of it to his premises (unless some other arrangement shall be mutually agreed upon) to refund to the purchaser the whole of the purchase price of the bull together with the expense of the Purchaser’s veterinary surgeon; the cost of the carriage from the Purchaser’s premises to the Vendor’s premises; the carriage and keep of the bull from the date of notification of the claim under paragraph D (iv) hereof at the rate of time to time recommended by the Institute of Auctioneers in Scotland or the Livestock Auctioneers Market Committee in England and Wales, provided that such expenses and costs shall not exceed an amount equal to 10% of the sale price of the bull.
(ii)Pay to the Auctioneer all expenses incurred by them pursuant to the provision of Paragraph E (iv) hereof.
(iii)Pay the costs of the Arbitration and the Arbitrator in accordance with any direction given by the Arbitrator in this respect.
Save as aforesaid the Vendor shall be under no liability to the Purchaser.
H)For the purposes of these provisions ‘the Auctioneers’ shall mean the Auctioneers whose conditions of sale shall in relation to any particular Bull have incorporated these provisions.
I)Save as in herein contained there shall be no warranty as to fertility or other the capability of a bull putting a cow or heifer in a state of pregnancy by natural service on any sale incorporating these provisions nor shall any purchaser be entitled to make a claim in respect of fertility or incapacity as aforesaid save (if at all) as in herein contained.
THE SCHEDULE before referred to THE GUARANTEE
That the Bull is capable of putting a cow or heifer in a state of pregnancy by natural service within 4 months of the date of sale or within 4 months of attaining the age of 14 months, whichever is the later.
This Guarantee will be deemed to be fulfilled whenever one female animal is proven to be in calf by natural service to that bull subsequent to the sale.
A Bull shall not be deemed to be incapable of putting a cow or heifer in a state of pregnancy by natural service on a semen test only.
I N D E X
Anderson Bros, 38 Killycolp Rd, Cookstown 18
Ian Barr, 115A Liminary Rd, Kells29
Robert Clyde, 37 Kilmakee Rd, Templepatrick23, 24
Martin Devine, 19 Gortileck Rd, Strabane33
Norman Drennan, 17 Orpins Mill Rd, Doagh26
John Gallagher, 3 Townhall St, Newtownstewart35, 36
Joan Gilliland, 110 Ballyrobin Rd, Antrim19
Miss S Glover, 9 Dromara Rd, Ballynahinch13
Paul Hanna, 35 Burnside Rd, Dunadry12
Moses Irwin, 98 Tattymoyle Rd, Fintona3, 11
Jalex Herd, 88 Gloverstown Rd, Randalstown31
John Kissack, 29 Doctors Rd, Ballymena5, 9
Desmond Mackey, 26 Moneybroom Rd, Lisburn6, 7
Joe Marshall, 81 Hiltonstown Rd, Portglenone16, 17
Matthews Bros, 65 Dickeystown Rd, Glenarm28
Alastair Mitchell, 152 Banbridge Road, Donacloney1
Simon Moore, 14 British Rd, Crumlin20, 21
G & J McCammond, 21 Magheragh Lane, R'stown43
M & E McCloskey, 98 Drumagarner Rd, Kilrea44
DD McDowell, 17 Ballycastle Rd, Newtownards37, 38
Eamon McGarry, 21 Lisnahilt Rd, Broughshane32
Henry McKeown, 103 Loughmegarry Rd, B'mena2, 4, 8, 10
Wm McVey, 66 Ballyvaddy Rd, Carnlough34
Paul O'Kane & Son, 24 Newferry Rd, Bellaghy25
JD Rainey, 5 Agivey Rd, Kilrea22
R Savage, 31 Gortnessy Rd, Drumahoe27, 30
R & J Shaw, 16 Kellswater Rd, Randalstown14
D & M Thompson, 8 Ballylummin Rd, Ahoghill39, 41, 42
A & J Wallace, Ashdale Farm, 1 Carmavey Lane,40
A B E R D E E N A N G U S
Alastair Mitchell, 152 Banbridge Road, Donacloney
1Lana Kimber M126Born: 2/1/12
Ear Tag: UK9 636356 03126
Sire: Blackhaugh Easy Papa G728
G Sire: Nightingale Papa A069
G Dam: Blackhaugh Eden C362
Dam: Lana Kimberley H091
G Sire: Lana Black Elberr D225
G Dam: Kaylee of Fordafourie
Henry McKeown, 103 Loughmegarry Rd, Ballymena
2Cresta Brian N601Ear No: UK9152499 00601
Born: 29/7/13
Sire: Tonley Palacios K715
G Sire: Ankonian Elixir 100
G Dam: Tonley Princess Y256
Dam: Cresta Bonnie L531
G Sire: Cheeklaw Eirwyn D165
G Dam: Cresta Bonnie Betty
Moses Irwin, 98 Tattymoyle Road, Fintona, Co Tyrone
3Denamona Jonah P713Born: 18/2/14
HB: No 139
Ear No: UK9 634085 1371 3
Sire: Blelack Prince Camelot K500HB: 521115 202500
Dam: Denamona Joan G016HB: UK9 634085 1101 6
A B E R D E E N A N G U S
Henry McKeown, 103 Loughmegarry Road, Ballymena
4Randalstown Pride P794HB: 139
Ear No: UK9120033 13794
Born: 12/4/14
Sire: Gilkey Jay G506
G Sire: Coolermoney Russian D443
G Dam: Gilkey Jennifer B053
Dam: Croftburn Pride Dawn D145
G Sire: Steil Royal (IMP)
G Dam: Croftburn Pride Dawn Z712
John H Kissack, 29 Doctors Road, Ballymena
5Marlow Edison P105Born: 21/4/14
Ear No: UK9 122581 1310 5