TERMS AND CONDITIONS 2017 ‘READY 2 RACE GREYHOUND SALES’

By agreeing to participate in the ‘Ready 2 Race Greyhound Sales’ the 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 the ‘Ready 2 Race Greyhound Sales’. To the maximum permitted by law, Greyhound Racing Victoria (GRV) excludes all liability to any person arising directly or indirectly from participating in the ‘Ready 2 Race Greyhound Sales’. GRV does 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 ‘Ready 2 Race Greyhound Sales’ being free of defects or being fit for any specific purpose. You 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 www.grv.org.au.

PART A – REQUIREMENTS OF ENTRY

1 AGREEMENT BY PERSONS NOMINATING

(a) All Nominators of greyhounds to participate in the 2017 Ready 2 Race Greyhound Sales acknowledge and agree to be bound by these Conditions including the Rules, other than LR 30 and GAR 11J.

 

2 GREYHOUND ELIGIBILITY

(a) All greyhounds nominated for the 2017 Ready 2 Race Greyhound Sales must be whelped in the period 1st July 2015 – 30th June 2016, 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 Ready 2 Race Greyhound Sales.

(c) If the greyhound is sold at auction under Part B of the Term and Conditions 2017 ‘Ready 2 Race Greyhound Sales’, the $50 nomination fee in clause 2(b) will be deducted from the commission Greyhound Racing Victoria are entitled to in accordance with clause 5.

(d) All greyhounds must be registered with Greyhound Racing Victoria and be Victorian bred.

(e) Greyhounds must be ear branded, micro-chipped and have a current (minimum C5) vaccination.

(f) To participate in the Ready 2 Race Auction 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 Ready 2 Race Greyhound Sales recorded against their official form.

(b) GRV reserves the right to schedule the Ready 2 Race Greyhound Sales races over more than one day, dependent on the number of nominations.

PART B – THE AUCTION

4 PROCEDURES

(a) A Vendor is bound by these terms and conditions by offering a greyhound for sale by auction.

(b) An agent (which includes an auctioneer) is bound by these terms and conditions by conducting an auction sale.

(c) A buyer is bound by these terms and conditions by bidding at auction, including being an Owner prior to bidding.

(d) In these terms the expression auctioneer, agent, buyer and vendor respectively includes the servants, contractors, agents of each of them. 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) GRV reserves the right to schedule the Ready 2 Race Greyhound Sales 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 in which the auction is conducted.

(g) The auction will be conducted by an accredited auctioneer who is a member of the Australian Auctioneers & Valuers Association. 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.

5 COMMISSION

GRV will be entitled to a commission of 10%, to be deducted from the total purchase price of each lot, such commission will be discounted to 5% for nominators who nominate an entire litter for the Ready 2 Race Greyhound Sales.

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 Ready 2 Race Greyhound Sales.

(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 registered with GRV 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 ‘Ready 2 Race Greyhound Sales’,

(b) the sale of the greyhound will be voidable and the purchaser will be entitled to a refund in full;

(b) 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.

8 AUCTIONEER

(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 Ready 2 Race Greyhound Sales 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).

10 PAYMENT

(a) The purchaser must pay GRV within 30 minutes of the last greyhound sold within the session of the auction.

(b) Full payment must be made to GRV before the Vendor releases the greyhound.

(c) Payment shall be made in the form of a personal cheque made out to ‘Greyhound Racing Victoria’, EFTPOS, credit card, and cash payments will also be accepted.

(d) Within a reasonable period after received funds have cleared, GRV will remit the purchase price to the Vendor, less the commission from the total sale price deducted in accordance with clause 5.

(e) 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.

(f) In the event that payment under clause 10(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;

(ii) within 24 hours of demand, the purchaser must:

(a) make alternative arrangements for payment of the greyhound on terms satisfactory to both GRV 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 and GRV do not accept any liability for the Greyhound.  The Vendor and the Purchaser indemnify the auctioneer and GRV 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 PURCHASE12 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 Australian Greyhound Racing Rules (GAR) or GRV Local Racing Rules (LR) 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.

PART C – TOP 8 FINAL

13 PRIZE MONEY AND BONUSES

(a) Greyhounds sold at the 2017 Ready 2 Race Greyhound Sales Auction will be eligible to compete in a Special Event, (“the R2R Top 8 Final”) for total prize money of $18,000. The R2R Top 8 Final will be established from the eligible greyhounds who earn the most prize money from all race starts between the period of Sunday 19 November 2017 to Monday 22 October 2018. Order of entry for the event will be in order of total prize money won. The final will be held the week prior to the Melbourne Cup heats at Sandown Park in November 2018.

(b) There will be a mid-year R2R Special Event for eligible greyhounds based on the top eight (8) prize money earners as at Wednesday 27 June 2018, to be held at Bendigo during the Bendigo Cup Carnival in July 2018, with total prize money of $7,250.

(c) 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.

(d) To be eligible for bonus prize money, greyhounds must be sold through the 2017 Ready 2 Race Greyhound Sales Auction.

(e) Ready 2 Race Heat and Final 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 a R2R Heat will not lose status as an Unraced greyhound.

(f) Heats will not be recorded against the greyhound’s official form history.

PART D – GENERAL PROVISIONS

14 AMENDMENT

(a) GRV may amend these terms and conditions at its discretion and at any time.

(b) The terms governing each Ready 2 Race Greyhound Sales shall be the terms published on GRV’s website and publicly available on the day of the Ready 2 Race Greyhound Sales.

15 CANCELLATION

(a) GRV reserves the right to cancel any Ready 2 Race Greyhound Sales due to unforeseen circumstances.

(b) GRV will endeavour to notify Nominators, trainers and Vendors of any cancellation under clause 15(a) as soon as practicable.

(c) GRV accepts no liability whatsoever in the event that any Ready 2 Race Greyhound Sales is cancelled under clause 15(a).

16 DEFINITIONS

In these Terms and Conditions, unless the context otherwise requires –

Controlling Body means the approved controlling authority or the legislated body having control of greyhound racing, or an aspect thereof, in Australia or New Zealand;

Final means the “R2R Top 8 Final” for the highest ranked eligible greyhounds;

Heats means both the first and second series of races held for eligible greyhounds prior to the auction;

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;

Raced greyhounds means a greyhound that has started in an event;

Ready 2 Race Greyhound Sales means the incorporation of eligibility requirements, the Heats, the Auction and the Final;

Rules means the Rules of Greyhound Racing issued by the Greyhound Racing Victoria, amended from time to time, 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;

Victorian bred means any greyhound that was whelped in Victoria and has an earbrand beginning with a “V”.