Conditions of Sale Relating to Breeding Cows and Heifers


These Special Conditions together with Aberdeen & Northern Marts General Conditions (Livestock) shall apply to all auction sales of breeding cows and heifers 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 does not warrant that an animal is in calf where the animal is described in the catalogue or at the time of sale as “been running with bull” or where a service date is given in the catalogue or at the time of sale.

2. The seller warrants that any cow of heifer described in the sale catalogue or at the time of sale as suckling a calf (a) suckles that calf in a natural manner and (b) (unless stated to the contrary in the sale catalogue or at the time of sale) (i) is not infected with clinical mastitis; (ii) does not suckle any other animal; and (iii) does not suck herself. Any claim in respect of a breach of warranty under (a) hereof must be intimated by the purchaser to the auctioneers within three days of the date of sale. Any claim in respect of a breach of warranty under (b) (i) hereof must be intimated by the purchaser to the auctioneers within one hour after the sale or when the animal to which the claim relates is removed from the sale premises, whichever is the sooner. Any claim in respect of a breach of warranty under (b) (ii) and (iii) shall be intimated to the auctioneers by the purchaser within five days of the date of sale.

3. Where a due date of calving is stated by the seller in the sale catalogue or at the time of sale and the purchaser is satisfied that the animal is in calf the animal must calve within 21 days of that date failing which the purchaser will have the option to reject the animal and return it to the seller and will be entitled to recover the price plus the cost of keep (limited to a maximum of £20 per week) together with the cost of transport. At the purchaser’s option, the purchaser may retain the animal until it calves in which case the purchaser will be entitled only to recover from the seller the cost of keep limited to a maximum of £20 per week from the expiry of 21 days from the due date of calving to the actual date of calving.

4. Where any animal is described by the seller either in the sale catalogue or at the time of sale as “in calf” the purchaser shall have seven weeks from the date of sale in which to satisfy himself that the animal is in calf. If the purchaser is not so satisfied the purchaser will required to intimate this to the auctioneers within said seven week period. Any claim by the purchaser hereunder shall be accompanied by a supporting veterinary surgeon’s certificate and if, in the seller’s opinion, the purchaser’s claim is substantiated the purchaser shall be entitled, but not bound, to reject the animal. In the event that the seller does not accept the purchaser’s veterinary surgeon’s certificate the purchaser shall be entitled to have the existence or non-existence of the pregnancy established by reference to the decision of a veterinary surgeon chosen by the British Veterinary Association whose decision in the matter shall be final and binding on both parties. The fees payable to said veterinary surgeon shall be payable by the unsuccessful party. In the event that the purchaser is held entitled to reject the animal the purchaser shall, but mutually agreed arrangement with the seller, return the animal to the mart at which it was purchased or to such other place as may be agreed between the parties and the purchaser shall be entitled to recover from the seller the purchase price of the animal together with keep (limited to a maximum of £20 per week) together with the cost of transport, veterinary examination and treatment where necessary.

If any cow or heifer show symptoms of aborting before the animal is removed from the sale premises, the purchaser may refuse to take delivery of the animal or, if he has already taken delivery may return the animal to the vendor. No claim whatsoever shall be allowable in respect of any animal which aborts after the animal is removed from the sale premises.

5. The seller warrants that a maiden heifer or bulling heifer stated in the catalogue or at the time of sale to be sold for breeding purposes is free from any malformation which would render the animal incapable of breeding. Any claim in respect of a breach of this warranty must be intimated by the purchaser to the auctioneers within one week of the date of sale if the malformation is patent or within six months of the date of sale if the malformation is latent.

6. The seller warrants that unless otherwise stated in the sale catalogue or at the time of sale, no animal has been subjected to the technique of embryo transfer or Caesarian operation. Any claim in respect of a breach of this warranty must be intimated by the purchaser to the auctioneers within three days from the date of sale.