Terms & Conditions

 

Information for Buyers

 

  • Health & Safety

 

CMF Agri Ltd ("The company") does not accept any liability for any damage or injury to persons, vehicles, plant, machinery, equipment, or any lot not arising out of their negligence.  When an item is located on property other than The company then both Vendor and Purchaser are responsible for complying with their respective health and safety responsibilities.

 

  • Registration & Conditions of Sale

 

To bid, all buyers are required to register online. The company reserve the right to request additional information to include Driving Licence/Passport together with a Business Card/Utility Bills/Proof of Address/Business Letterhead and the right to request a deposit ahead of any purchase or during sale proceedings.  The company also reserve the right to de-register buyers.  It is strongly recommended that bidders and buyers read The company Standard Terms and Conditions of Sale ahead of the sale.  Once you have registered, you are confirming that you have read, agree with and will abide by those conditions and this Notice to purchasers.  In registering you warrant that all of the information is correct, up to date on the sale closure day and you are over the age of 18.  All registrations are provisional and subject to approval by The company.

 

  • Deposit

 

Registering to bid for any of our auctions requires that a Deposit of the rates listed below Cash, Debit Card, Bank Draft or Bank Transfer is left with us. This deposit is fully refundable after the auction if no purchase is made, or used as part payment and deposit against your invoice if you make a purchase.

 

Online Genetics auction - €100 deposit

 

Online Livestock auction - €500 deposit

 

Online Machinery auction - €500 deposit

 

Online Equine auction - €500 deposit

 

Online Vehicle auction - €500 deposit

 

On-site auctions (Machinery, Vehicle, Livestock, Equine) - €500

 

All other auctions not stated are also subject to deposit of up to €500

 

For more information on registering to bid at CMF Agri Ltd Auctions contact us on +353 86 074b6413 or email info@cmfagri.ie

 

  • Payment

 

The auctioneers will email an invoice the successful bidders within 24hours of close of sale.  Payment is thereafter due no later than 24 hours of receiving the invoice by email.  Payments will be due in full at the final bid in respect of the lot sold plus all associated costs, buyers premium, including VAT (if applicable).  Payment will only be accepted from the successful purchaser or their duly appointed agent.  Any payment is to be by a means approved by the auctioneers and include the buyers commission and VAT. Our terms are strictly cash, bank transfer, debit card/credit card, bank draft and cheque.

All payments will be made in Euro. If currency is different, the exchange rate on the day will apply.

 

  • Payment in Cash

 

To comply with Money Laundering Regulations, we will not accept cash payment above the maximum permitted at the time of sale.  The cash amount accepted is €9,000, buyers are advised to check with the auctioneers ahead of the sale.

 

  • Commission/Buyers Premium

 

All lots will be subject to a buyer’s premium whether sold by auction, by private treaty or tender.  Buyers shall pay commission to the auctioneers at the following rate.

 

Online Machinery Auction – up to €500 – 10%, €500 to €5000 – 7.5%, €5001 up – 5%.   – Maximum capped commission at €1000 per item to buyer and €1000 cap per item to seller on all item

 

Online Livestock Auction - up to €500 – 10%, €500 to €5000 – 7.5%, €5001 up – 5%.   – Maximum capped commission at €1000 per item to buyer and €1000 cap per item to seller on all item

 

Online Genetics Auction – up to €500 – 10%, €500 to €5000 – 7.5%, €5001 up – 5%.   – Maximum capped commission at €1000 per item to buyer and €1000 cap per item to seller on all item

 

Online Equine Auction - up to €500 – 10%, €500 to €5000 – 7.5%, €5001 up – 5%.   – Maximum capped commission at €1000 per item to buyer and €1000 cap per item to seller on all item

 

Online Vehicle Auction - up to €500 – 10%, €500 to €5000 – 7.5%, €5001 up – 5%.   – Maximum capped commission at €1000 per item to buyer and €1000 cap per item to seller on all item

 

On-site auctions (Machinery, Vehicle, Livestock, Equine) - up to €500 – 10%, €500 to €5000 – 7.5%, €5001 up – 5%.   – Maximum capped commission at €1000 per item to buyer and €1000 cap per item to seller on all item

 

All other auctions not stated are subject to commission/buyer’s premium - up to €500 – 10%, €500 to €5000 – 7.5%, €5001 up – 5%.   – Maximum capped commission at €1000 per item to buyer and €1000 cap per item to seller on all item

 

  • VAT (Value Added Tax)

 

Please be aware that VAT is chargeable on all lots unless otherwise stated.

 

  • Bidding For You

 

The Auctioneers will bid on your behalf if written instructions are received, and adequate time is available to enter such bids.

 

  • Warranty: a) Unless a warranty is given in the catalogue or at the time of sale, the lots are sold as they stand with all faults, imperfections and errors of descriptions or otherwise. b) Vehicles and trailers may not be immediately roadworthy or may be of such design as will not, without alterations, comply with the provisions of Road Traffic Acts of Regulations d) Vendors must comply with the relevant Acts and Regulations and be capable of substantiating all claims, descriptions, quality, manufacture and composition etc of their lots. e) Items described as being in good working or running order or condition shall be mechanically sound and capable of performing the work for which it is intended.

 

INFORMATION FOR SELLERS 

 

  • COMMISSION: Charged to vendors  per sale as below:

 

Online Machinery Auction – 5% (ex VAT) – Maximum capped commission at €1000 per item to seller on all item

 

Online Livestock Auction - 5% (ex VAT) – Maximum capped commission at €1000 per item to seller on all item

 

Online Genetics Auction – 5% (ex VAT) – Maximum capped commission at €1000 per item to seller on all item

 

Online Equine Auction – 5% (ex VAT) – Maximum capped commission at €1000 per item to seller on all item

 

Online Vehicle Auction – 5% (ex VAT) – Maximum capped commission at €1000 per item to seller on all item

 

On-site Auction (Livestock, Machinery, Vehicle, Equine) – 5% (ex VAT) – Maximum capped commission at €1000 per item to seller on all item

 

All lots sold in open auctions by the company are subject to a €10 administration charge to the vendor.

 

All lots sold in private/standalone auctions by the company are subject to a one-time vendor fee of €500 and a €10 administration charge.

All lots will be sold in Euro. If currency is different, the exchange rate on the day will apply.

 

  • Not Sold Fee: Charged to vendors if an item is not sold:

 

No charge is applicable 

 

  • VAT:

 

Value Added Tax at the standard rate will be charged on all lots except those announced at the time of sale.

 

  • PRIVATE SALES: a) No lot entered or advertised for sale by the Auctioneers should be sold by the owner privately within 10 days prior to the commencement of the sale for which the lot has been entered or advertised. b) In all cases where a lot is not forward for sale the Auctioneers shall be indemnified by the person entering such a lot for all expenses incurred in relation thereto and against all such claims from third parties as may arise. c) If any lot is sold privately subsequently on the sale ground, the sale must be booked in through the Auctioneers’ office and the terms and conditions of sale will apply and commission will be charged. d) The Auctioneers reserve the right to sell privately at the reserve price any lot remaining on site after the auction without further consultation with the Vendor.

 

• SALE OF LIVESTOCK: Cattle

All cattle presented for sale require 2 tags and a valid passport signed by the current owner/keeper.

Tuberculosis Testing (TB)

All cattle 6 weeks and over including calves must be within 12 months of TB test.  The animal's passport will need to have the date of test, showing when the animal was tested.

Brucellosis Testing

It is no longer a requirement for the pre-movement of stock.

BVD

All calves born from 1st Janaury 2013 must be BVD Tested

Export Testing

In order for animals to be eligible for the live export market they have to be within 30 days of TB test and must be from a complete clear herd.  If animals are outside the 30 days then they can be tested by the exporter provided it is at least 42 days from their last TB test.  All animals between 30 days and 42 days of their last T.B. test are neither eligable for export or to be tested.  So when selling stock that may be suitable for export make sure they are within 30 day test or more than 42 days since their previous test.

Breeding Females/Recipients:

All heifers and cows will be sold on the assumption that they are correct for breeding, unless otherwise stated at time of sale. Any females that prove to be incorrect will be refunded/replaced at cost to the vendor. The auctioneer does not accept any liability for females that are not correct for breeding unless stated at time of sale. In-calf females and recipient animals must be presented for sale with proof of pregnancy (Scanning cert, Veterinary surgeon letter). No guarantee will be provided if proof of pregnancy is not provided. The auctioneer does not accept any liability for any animal sold “in-calf” that proves otherwise and will be refunded/replaced at cost to the vendor.

Breeding males:

All breeding males will be sold on the assumption that they are correct for breeding and as such must be sold with a certificate of fertility. Any breeding male listed for sale without certificate of fertility will be assumed to be a cull animal and no guarantee can be placed on the animal. The auctioneer does not accept any liability for male animals presented for sale as fit for breeding (i.e. presented with proof of fertility) that prove to be unfit to breed and will be refunded/replaced at cost to the vendor.

Sheep

All sheep including lambs presented for sale must be identified with a full set of EID tags, i.e. one conventional tag in the sheep’s left ear and a corresponding electronic tag placed in the sheep’s right ear. All sheep moved to and from a new holding must also be accompanied by a newly issued dispatch document containing a barcoded document serial number. 

Breeding Females/Recipients

All female sheep will be sold on the assumption that they are correct for breeding, unless otherwise stated at time of sale. Any females that prove to be incorrect will be refunded/replaced at cost to the vendor. The auctioneer does not accept any liability for females that are not correct for breeding unless stated at time of sale. In-lamb females and recipient animals must be presented for sale with proof of pregnancy (Scanning cert, Veterinary surgeon letter). No guarantee will be provided if proof of pregnancy is not provided. The auctioneer does not accept any liability for any animal sold “in-lamb” that proves otherwise and will be refunded/replaced at cost to the vendor.

Breeding Males

All breeding males will be sold on the assumption that they are correct for breeding and as such must be sold with a certificate of fertility. Any breeding male listed for sale without certificate of fertility will be assumed to be a cull animal and no guarantee can be placed on the animal. The auctioneer does not accept any liability for male animals presented for sale as fit for breeding (i.e. presented with proof of fertility) that prove to be unfit to breed and will be refunded/replaced at cost to the vendor.

Horses

On foot of a Statutory Instrument signed into law by the Minister for Agriculture Food and the Marine, it is now a legal requirement to report changes of horse ownership to the Passport Issuing Authority who issued the original passport for a horse. This applies for any horses whose ownership changes after July 1st, 2014.

When a horse is sold the seller should give the passport to the buyer. The buyer should then complete the Transfer of ownership form and return it to Horse Sport Ireland along with the passport and the appropriate fee. A record of the transfer of ownership of an equine shall be maintained by both the person transferring ownership and the person to whom ownership is transferred for a period of 5 years from the date of the transaction and be made available on request to an authorised officer.

Genetics – Semen

Semen will be sold on the assumption that it has been stored correctly and is viable. The auctioneer does not accept liability for any semen sold that proves to be unviable and will be refunded/replaced at cost to the vendor

Genetics – Embryos

An Embryo will be sold on the assumption that it has been stored correctly and is viable. The auctioneer does not accept liability for any embryo sold that proves to be unviable and will be refunded/replaced at cost to the vendor.

When buying / acquiring ownership:

  • You must receive the passport from the seller at the time of purchase.
  • You must complete the "buyer" parts of this form and ensure the seller has also completed their sections.
  • You must forward this form and the passport with the appropriate fee to the PIO within 30 days of taking ownership.

Records/Penalties:

  • Both parties must keep a copy of this transfer of ownership declaration - photocopying or photo will suffice.
  • DAFM authorised officers will carry out inspections and have powers to inspect records and documents.
  • Failure to register the transfer of ownership within the time limit is now a serious offence in Ireland and attracts heavy penalties.
  • Giving false, misleading or incomplete information is also a legal offence

 

 

  • RESERVES: Lots may be offered for sale subject to a reserve to be agreed between the Company and the Seller prior to the sale, that is, the minimum Hammer Price at which that Lot may be sold. A reserve once set cannot be changed except with the Company’s consent. Reserves must be reasonable and the Company may decline to offer goods which, in its opinion, would be subject to an unreasonably high reserve.

 

  • ENTRY & REGISTRATION – a) All entries must be stated on the entry form. b) Unless otherwise agreed by the Auctioneer no entries can be accepted on the day of sale. c) All purchasers must be registered with the Auctioneers .

 

  • VENDORS/PURCHASERS RISKS: a) All lots are accepted and remain on the sale ground entirely at the Vendor’s risk. b) On the fall of the hammer all lots remain on the sale ground entirely at the purchaser’s risk. No liability is accepted for loss or damage whatsoever.

 

  • EXCLUSION OF LIABILITY: The Auctioneers shall not be liable for any expenses, loss, claim or proceedings in respect of any loss or damage whatsoever to any property real or personal (including all lots) whether incurred before, during or after the sale.

 

  • 9. DELIVERY & REMOVAL OF LOTS: Once payment has been received, the auctioneers will contact the vendor and the provide them with all buyers contact details in order to arrange collection.

 

  • DESCRIPTION: the Company have had limited access to lots prior to sale and therefore, buyers should satisfy themselves prior to making bids as to the condition of any lot and should rely on their own judgement as to whether the lot accords with its description.  All lots are sold with all faults and imperfections and errors of description.  All statements are the auctioneers or sellers opinion and are not statements or representation of facts. 

 

  • PAYMENT TO VENDORS: Vendors shall be entitled to receive the purchase price of any lot or lots sold 14 working days after the sale has ended, provided that the Auctioneers shall have received the same and: a) That in the event of any acknowledged debt of the Vendor being owed to the Auctioneers the latter shall have the right to set off such debt against the proceeds of sale.