Terms & Conditions of Sale
For all horses sold at Auction by Breen Equestrian Limited.
Contractual Terms of Sale
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 BREEN EQUESTRIAN LIMITED. EVERY SELLER, BIDDER AND BUYER SHALL BE DEEMED TO HAVE FULL KNOWLEDGE OF THESE TERMS AND CONDITIONS BY TAKING PART IN ANY AUCTION AND AGREES TO BE BOUND BY THEM.
1. Definitions and interpretation
1.1. The following definitions and rules of interpretation apply to these terms and conditions:
“Auction” any auction conducted by Breen Equestrian 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 which shall be Breen Equestrian Limited, Hickstead Place, Hickstead, West Sussex, RH17 5NU.
“Bidder” a person who places a bid for a Horse at the Auction.
“Blood Samples” blood samples drawn from each Horse not earlier than 14 days before the Auction by the Veterinary Surgeon when he attends to inspect a Horse to provide a Pre-Purchase Vetting Certificate.
“Breen Equestrian” Breen Equestrian Limited a private limited company with company number 06232498 whose registered office is Hickstead Place, London Road, Hickstead, Haywards Heath, West Sussex, RH17 5NU and whose VAT number is GB922008464 and it or its authorised agent is the auctioneer.
“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 Breen Equestrian.
“Buyer’s Premium” the surcharge payable by the Buyer to Breen Equestrian 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 Breen Equestrian 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 Breen Equestrian and the Hammer Price is confirmed.
“Hammer Price” the amount of the Winning Bid accepted by Breen Equestrian 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 Breen Equestrian under these Terms of Sale.
“Lot(s)” the Horse(s) that are offered for sale at Auction identified by lot numbers in the Catalogue and/or on the Website.
“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 14 days 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 Breen Equestrian 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 Breen Equestrian.
“Seller” the person or entity selling the Horse which includes the owner(s) and any other person(s), other than Breen Equestrian, who offers a Horse for sale and the personal representative(s) of any such person(s).
1.2. Clause headings shall not affect the interpretation of these Terms of Sale.
1.3. Unless the context otherwise requires, words in the singular shall include the plural and vice versa.
1.10. In these Terms of Sale the words "you", "yours", etc. refer to the Buyer, Bidder and Seller. The words "we", "us", etc. refer to Breen Equestrian.
2. General Information
2.1. 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.
2.2. The location of the Auction Venue and the Lots will be provided within the Catalogue and/or on our Website.
2.3. 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.
3. Registering to bid and bidding
3.1. Bidders will be required to register with Breen Equestrian or create an account on Breen Equestrian’s Website before the Auction starts and before bidding on any Lot.
3.2. 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.
3.6. 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.
4. Descriptions and condition
4.1 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.
4.4. 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.
4.7. 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 Breen Equestrian or the Veterinary Surgeon.
5. Guide Price and VAT
5.1. Any guide price that may be provided by Breen Equestrian 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.
5.3. 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%.
6. Reserve
6.1. Horses will normally be offered subject to a Reserve agreed between the Seller and Breen Equestrian before the Auction.
7. Buyer’s Premium
7.1. 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.
10. Payment for Lots
10.2. 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.
11. Title and Collection
11.3. Title to the Horse will pass to the Buyer when Breen Equestrian receives in cleared funds full payment of the Total Purchase Price.
11.4. 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.
13. Seller’s Commission
13.1. We will charge you Commission on the sale of the Horse at a rate of 10% of the Hammer Price plus VAT.
18. Breen Equestrian Liability
18.1. We accept no liability whatsoever for the Horse whilst it is in the care, custody and control of Breen Equestrian 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.
Execution of Terms
For the full, unbridled legal text of these articles and any and all specific legal inquiries, please contact Izzy or Chloe Breen directly via our official channels.
Accept Terms & Register