READY 2 RACE GREYHOUND SALES 2018
This Agreement sets out the terms and conditions upon which all Nominators, Owners and Vendors must adhere to when participating in the Event.
It is the responsibility of all Nominators, Owners and Vendors to inform themselves of their obligations under this Agreement.
By participating in the Event, all Nominators, Owners and Vendors are deemed to have accepted, and understood as binding on them, all the terms and conditions of this Agreement and any accompanying risks, obligations and responsibilities.
By agreeing to participate in the Event, all Nominators, Owners and Vendors agree to the terms and conditions set out below and accept all risks and responsibility for losses, damages, costs and other consequences resulting directly or indirectly from participating in Event.
To the maximum permitted by law, BGRA and GRV exclude all liability to any person arising directly or indirectly from participating in the Event.
BGRA and GRV do not warrant or make any representation in relation to any information or material made available to participants or in relation to any greyhound sold as part of the Event being free of defects or being fit for any specific purpose.
Nominators, Owners and Vendors should carefully consider these Terms and Conditions. These terms and conditions are to be read in consideration of the Rules, as amended from time to time, which can be found at http://www.ready2race.grv.org.au.
PART A – REQUIREMENTS OF ENTRY
1. Agreement by persons nominating
All Nominators of greyhounds to participate in the Event acknowledge and agree to be bound by these terms and conditions including the Rules, other than Local Rule 30 and Greyhound Australia Rule 11J.
2. Greyhound eligibility
(a) All greyhounds nominated for the Event must be whelped in the period 1 July 2016 to 30 June 2017 and can include Raced greyhounds, Unraced greyhounds and Unnamed greyhounds.
(b) All Nominators must pay a $50 nomination fee for each greyhound nominated for the Event.
(c) If the greyhound is sold at auction under Part B of these terms and conditions, the $50 nomination fee in clause 2(b) will be deducted from the commission of BGRA is entitled to in accordance with clause 5.
(d) All greyhounds must be registered with a greyhound racing control body.
(e) Greyhounds must be ear branded, micro-chipped and have a current (minimum C5) vaccination.
(f) To participate in the Event, a greyhound must race and finish in the Heats.
3. Race status
(a) Participating greyhounds will not have any results from the Heats of the Event recorded against their official form.
(b) BGRA reserves the right to schedule the Event races over more than one day, depending on the number of nominations.
PART B – THE AUCTION
(a) All Vendors, Owners, Agents and Auctioneers are bound by these terms and conditions by offering a greyhound for sale by auction at the Event.
(b) All Buyers are bound by these terms and conditions by bidding at auction, including being an Owner prior to bidding at the Event.
(c) In these terms and conditions, the expressions Auctioneer, Agent, Buyer and Vendor respectively includes the servants, contractors, agents of each of them.
(d) The Auctioneer, Agent, Buyer and Vendor shall be wholly responsible for the acts and omissions of their respective servants, contracts and permits, the Vendor’s agent.
(e) BGRA reserves the right to schedule the Event auction over more than one day.
(f) These terms and conditions are subject to legislation or regulation in the State of Victoria and in the event of any conflict, then the applicable legislation or regulation will prevail. The provisions of these terms and conditions are in addition to, and do not derogate from, the duties and rights of Vendors, Agents and Buyers set out in legislation and regulation in the State of Victoria.
(g) The auction will be conducted by an Auctioneer. There will be no internet or online bidding.
(h) All bidders must be registered as an Owner and as a bidder for the purposes of this auction.
(i) Only registered bidders can bid on a greyhound.
(j) Bidders will be given a registration number to bid with. Bidders must raise their hand to bid for a greyhound. No further bids will be taken after the fall of the hammer.
(k) Any person who advances a bid on the lot shall do so on the express condition and understanding that should that person’s bid be the highest bid and such bid accepted by the Vendor then that person will be held personally liable for the price so agreed upon, regardless of the fact that they may be acting on behalf of another party, either disclosed or undisclosed to the Vendor or his Agents, provided however, that this condition shall not in any way negate the Vendor’s right to claim against any principal and in such case the bidders liability shall be constructed to be by way of guarantee.
(l) Should any dispute arise between two or more parties the Auctioneer shall adjudicate the dispute and his decision shall be final and binding.
BGRA will be entitled to a commission of 10%, to be deducted from the total purchase price of each lot.
6. Terms of sale
(a) Subject to the reserve price set in clause 6(b), and to the right prior to the fall of the hammer of the vendor to withdraw any lot, the highest bidder shall be the buyer.
(b) The auction will have a reserve of $500 for all lots. The Vendor cannot set a higher reserve. If there is no bid the lot will be knocked down to the vendor for $500 and the greyhound will be included in the Event.
(c) The Auctioneer has the right to bid on behalf of the Vendor provided that right is notified prior to the commencement of the sale and is subject to State law.
(d) A bid cannot be made or accepted after the fall of the hammer unless, in accordance with clause 6(f), the Auctioneer decides to put the lot up again.
(e) The last price called by the Auctioneer at the fall of the hammer shall be the amount at which the lot has been sold.
(f) In the event of a disputed bid, the Auctioneer is the sole arbitrator of the successful bidder or the auctioneer may decide to put the lot up again.
(g) The Auctioneer may refuse to accept a bid which, in the Auctioneer’s opinion, is not in the best interests of the Vendor and need not give reasons for doing so, including where the bidder is not a registered bidder in accordance with these conditions.
(h) A bidder shall be deemed to be a principal unless, prior to bidding, the bidder has given to the Auctioneer a copy of written authority to bid for or on behalf of another person.
(i) The successful bidder at the auction sale must give to the auctioneer at the fall of the hammer:
(i) the Purchaser’s name; or
(ii) the bid card number which identifies the Purchaser; or
(iii) the name of the person on whose behalf the successful bid was made.
(j) The Auction shall be conducted on the basis that the bid price shall be exclusive of Goods and Services Tax (GST). GST shall be added after the fall of the hammer for those sales subject to GST.
(k) As soon as practicable after the fall of the hammer, the Buyer shall if requested by the Agent, sign the agreement for sale.
(l) If the Purchaser fails to comply with any of these conditions, the lot or lots in respect of which such failure is made may, if the auctioneer thinks fit, be put up again and resold. If upon such resale a lower price is obtained for any such lots than was obtained upon the first sale the difference in price shall be a debt due from the Purchaser in default upon the first sale.
7. Testing and swabs
(a) For the avoidance of doubt, if a greyhound tests positive to a prohibited substance:
(i) the Rules relating to prohibited substances will apply; and
(ii) In addition to any rights, remedies or consequences that may apply under the rules relating to prohibited substances:
(A) the greyhound will be disqualified from the Event; and
(B) the sale of the greyhound will be voidable and the Purchaser will be entitled to a refund in full.
(b) BGRA and GRV shall not be liable for any costs incurred by any party as a result of:
(i) a greyhound testing positive to a prohibited substance; or
(ii) the matters referred to in (a) and (b) above.
(a) The Auctioneer reserves the right, without giving any reason thereof, to withdraw any lots before or during the sale.
(b) The Auctioneer is to be considered the agent merely between Vendor and Purchaser and in all disputes arising from defect of title, wrong description, pedigree, warranty or otherwise, the purchaser and Vendor must adjust the matter between themselves, and no lot is to be returned to the Auctioneer. The auctioneer shall be under no liability for the loss, if any incurred by the Vendor by reason of the failure on the part of the purchaser to complete his purchase. The name, description and address given by the Vendor will in all cases be furnished to the purchaser if required, and in the case of any dispute the remedy of the buyer shall be against such Vendor only and in case or under any circumstances against the auctioneer, who is to be regarded for all intents and purposes as agents for a disclosed principal.
(c) The description, either as to quality, pedigree, engagements or otherwise for any lot offered is supplied by the Vendor who alone is responsible for its accuracy and the Auctioneer shall not be liable for any error in such description.
9. Withdrawing Greyhounds
(a) Greyhounds can be withdrawn from the Event at any time prior to the auction.
(b) If a greyhound is withdrawn under clause 9(a) above, the Nominator will not be entitled to a refund of the $50 nomination fee that is payable under clause 2(b).
(a) The purchaser must pay within 30 minutes of the last greyhound sold within the session of the Auction.
(b) Full payment must be made before the Vendor releases the greyhound, subject to subclause 10(c).
(c) If the Purchaser is the Vendor, full payment must be made by the close of the Event unless the purchase price is above $10,000 (GST exclusive). In the circumstance where the purchase price is above $10,000 (GST exclusive) only 10% of the purchase price is required to be paid by the Purchaser.
(d) Payment shall be made to an entity or party nominated by BGRA via tender of EFTPOS, credit card or cash payment.
(e) Within a reasonable period after received funds have cleared, the nominated entity or party will remit the purchase price to the Vendor, less the commission from the total sale price deducted in accordance with clause 5.
(f) Title shall not pass to the purchaser until payment is made in full. The greyhound will be released to the purchaser once the purchaser has paid for the greyhound. The purchaser must arrange satisfactory transportation of the greyhound and must ensure that the greyhound will be housed or kennelled with a GRV registered Owner or Trainer.
(g) In the event that payment under clause 10(b) or (c) is made by personal cheque and that personal cheque does not clear in 3 business days:
(i) the Vendor will be immediately entitled to demand the return of the greyhound; and
(ii) within 24 hours of demand, the purchaser must:
(A) make alternative arrangements for payment of the greyhound on terms satisfactory to both BGRA and the Vendor (in their sole and absolute discretion); or
(B) return the greyhound to the Vendor; and
(iii) the Purchaser will be liable to the Vendor for any loss.
11. Risk and liability
(a) Risk passes to the purchaser at the fall of the hammer.
(b) Upon the fall of the hammer all responsibility for expenses, injury and forwarding instructions become that of the purchaser. Each lot shall be at the risk of the Vendor in respect of any damage or injury, whether by disease, accident or otherwise, or whether caused by negligence of the Auctioneer, unless such lots have been sold, in which latter case such lot shall be at the risk of the Purchaser in all such respects from the acceptance of his bid or offer by the Vendor.
(c) The auctioneer, GRV and BGRA do not accept any liability for the Greyhound. The Vendor and the Purchaser indemnify the auctioneer, GRV and BGRA from any loss arising out of the Ready 2 Race Greyhound Sales and the Ready 2 Race Auction.
12. Warranties, soundness of Greyhound, right of return & movement of purchase
(a) The Vendor warrants that:
(i) the description, pedigree and all other information on the nomination form was correct at the time of nomination;
(ii) he or she has good title to the greyhound and is entitled to sell the greyhound; and
(iii) there has been no breach of the Rules in relation to the greyhound.
(b) Unless otherwise announced at the auction, there is no guarantee of any kind as to the soundness, condition and quality of a greyhound. All greyhounds will be vetted prior to racing in the heats and finals.
(c) Each lot is sold with all defects and faults, if any, as is.
(d) If the steward in charge deems a greyhound to have displayed marring and/or failure to pursue behaviours in the Heats, the greyhound will not progress to the next stage of the Heats and/or Auction. For the avoidance of doubt, the offence(s) will not be recorded against the greyhound form.
PART C – TOP 8 FINAL
13. Prize money and bonuses
(a) Greyhounds sold at Event by Auction will be eligible to compete in the Final for total prize money of $18,000 (GST exclusive).
(b) The Final will be established from the eligible greyhounds who earn the most prize money from all race starts between the period of Sunday 18th November 2018 to 31st October 2019. Order of entry for the event will be in order of total prize money won. The final will be held on the Melbourne Cup Final night at Sandown Park.
(c) There will be a mid-year R2R Special Event for eligible greyhounds based on the top eight (8) prize money earners as at Wednesday 26 June 2019, to be held at Bendigo during the Bendigo Cup Carnival in July 2019, with total prize money of $7,250.
(d) Any prizemoney earnt at an event in accordance with the Plumpton Coursing Rules as defined under the Rules, will not be included in the greyhound’s overall total prizemoney.
(e) To be eligible for bonus prize money, greyhounds must be sold through the Event.
(f) Event Heats results will not be taken into consideration when assessing a greyhound’s eligibility for future race nominations or starts. A greyhound which has only previously competed in an Event Heat will not lose status as an Unraced greyhound.
(g) Heats will not be recorded against the greyhound’s official form history.
PART D – GENERAL PROVISIONS
(a) BGRA may amend these terms and conditions at its discretion and at any time.
(b) The terms governing each Event shall be the terms published on http://www.ready2race.grv.org.au website and publicly available on the day of the Event.
(a) BGRA reserves the right to cancel the Event due to:
(i) unforeseen circumstances; or
(ii) if BGRA receives less than 100 paid nominations at the close of nominations.
(b) BGRA will endeavour to notify Nominators, Trainers and Vendors of any cancellation under clause 15(a) as soon as practicable.
(c) BGRA accepts no liability whatsoever in the event that the Event is cancelled under clause 15(a).
PART E – DEFINITIONS AND INTERPRETATION
In this Agreement, unless the context otherwise requires:
Agreement means this document.
Agent means an agent of a Purchaser at the Event.
Auction means the sale by auction at the Event in which the greyhound is sold to the highest bidder.
Auctioneer means the third party who conducts the Auction by accepting bids and declaring greyhounds sold, who must be an accredited auctioneer member of the Australian Auctioneers & Valuers Association.
BGRA means the Bendigo Greyhound Racing Association (ABN 14 181 501 211) of Lords Raceway, McIvor Highway, Junortoun, Victoria 3551.
Claim means any claim, action, demand, order, notice, declaration or proceedings of any nature whatsoever, whether actual or threatened.
Event means the Ready 2 Race Greyhound Sales 2018 which will be organised by BGRA and take place on Saturday, 17 November 2018 and location to be determined by BGRA and corporates the eligibility requirements, the Heats, the Auction and the Final.
Final means the Event Top 8 Final for the highest ranked eligible greyhounds.
GRV means Greyhound Racing Victoria Pty Ltd (ABN 76 642 748 029) of 46-50 Chetwynd Street, West Melbourne, Victoria, 3003.
Heats means both the first and second series of races of eligible greyhounds prior to the Auction, to be held on 12 November 2018 and 17 November 2018 in which greyhounds will compete in fields of four and six respectively.
Loss means any claim, damage, loss, cost, charge, expense, outgoing, payment or liability of any kind.
Nominator means any person registered as an Owner or Trainer under the Rules.
Owner means any person registered as an Owner with any Controlling Body.
Purchaser means the purchaser of a greyhound by Auction at the Event.
Raced greyhounds means a greyhound that has started in an event.
Rules means the Rules of Greyhound Racing issued by GRV, amended from time to time and incorporating the Greyhounds Australasia Rules (GAR).
Unraced greyhound means a greyhound that has not started in an event.
Unnamed greyhound means not named in accordance with the Rules.
Vendor means the registered Owner of the greyhound under the Rules.