Aberdeen & Northern Marts Special Conditions of Sale Relating to Store Cattle

These Special Conditions together with Aberdeen & Northern Marts General Conditions (Livestock) shall apply to all auction sales of Store Cattle conducted by Aberdeen & Northern Marts (a trading division of ANM Group Ltd), Thainstone Centre, Inverurie, Aberdeenshire and every seller, bidder and purchaser by taking part in the sale acknowledges to have received prior written notification of these Special Conditions and of the General Conditions and be bound by them. Where the General Conditions are inconsistent with the Special Conditions the Special Conditions shall prevail.

1. The seller warrants that unless stated to the contrary in the sale catalogue or at the time of the sale all male cattle not expressly sold as bulls have been castrated and have not been imperfectly castrated. Any animal failing to conform to its warranty may be rejected by the purchaser providing intimation is made by the purchaser to the auctioneers within four clear weeks from the date of sale and confirmed by veterinary certificate.

2. In the event of an animal being rejected under Clause 1 hereof and unless otherwise mutually agreed the seller must take it back and refund the purchase or average cost price plus cost of keep limited to a maximum of £10 per week (in the event that the parties fail to agree the amount within the stated limit, it shall be determined by the auctioneers) together with the cost of transport and veterinary examination and treatment where necessary.

3. The seller warrants that unless stated to the contrary in the sale catalogue or at the time of the sale all home bred store heifers and weaned heifer calves are free of calf and have not previously had a calf. Any animal failing to conform to its warranty may be rejected by the purchaser provided intimation is made by the purchaser to the auctioneers within 32 clear weeks from the date of sale and confirmed by veterinary certificate.

4. In the event of any animal being rejected under Clause 3 hereof and unless otherwise mutually agreed the following shall apply:-

(a) If at the time of intimation by the purchaser of rejection the animal has not calved the seller, at the purchaser`s option, shall either refund one third of the purchase or average cost price to the purchaser together with the cost of the veterinary certificate or will take the animal back and refund the purchase or average cost price plus the cost of keep limited to a maximum of £10 per week together with the cost of transport, veterinary examination and treatment where necessary;

(b) If the animal has calved prior to intimation by the purchaser of rejection the seller shall have the option either to refund one third of the purchase or average cost price or take the animal back and refund the purchase or average cost price plus the cost of keep limited to a maximum of £10 per week together with the cost of transport, veterinary examination and treatment where necessary;

(c) If an animal is found after slaughter to be in calf or to previously have had a calf the amount of compensation will be determined by the auctioneers. Such compensation is limited to the purchaser`s proven loss. Purchasers must furnish positive evidence of identity and either a veterinary surgeon`s or similar reliable certificate specifically confirming the animal to have been in calf or to have previously had a calf.

In either case (a) or (b) above in the event that the parties fail to agree the amount of keep within the stated limit it shall be determined by the auctioneers.