Special Conditions of Business for Lots 88 to 99 inclusive:
Lots are offered for sale subject to the conditions of business in the catalogue as amended by the special conditions of business set forth below. In the case of a conflict between the condition of business and the special conditions of business, the special conditions will prevail. The conditions of business will apply to the extent that they have not been amended by the special conditions of business and to the extent that they apply to an intellectual property right.
1. Definitions
The definitions of the words and phrases with special meaning in these special conditions of business are set forth in the Conditions of Business.
2. Graham Budd Auctions Capacity
As auctioneers of lots 88-99 inclusive, Graham Budd Auctions act as an agent of the British Horseracing Authority. Graham Budd Auctions shall have no responsibility of liability for any acts or omissions of the British Horseracing Authority in connection with the performance of its obligations in respect of lots 88-99 inclusive. The hammer price of lots 88-99 is subject to the auctioneers buyers premium of 17.5%.
3. Auctioned Rights
On payment to Graham Budd Auctions in cleared funds of the total amount due, the buyer will acquire the right to register the racing colours concerned for the purposes of racing under the ‘Rules of Racing’. The buyer must register the Racing Colours concerned with the British Horseracing Authority, via Weatherbys.
4. Registration of Colours The buyer of each lot will be required to complete a Colours registration form (CO1). Applications for registration will not be entertained until the buyer has paid Graham Budd Auctions in full the total amount due, and Graham Budd Auctions has applied such payment to the lot and notified the British Horseracing Authority of the identity of the buyer. An application for registration of Racing Colours that is approved remains subject to cancellation by the British Horseracing Authority under rule E82-85 of the ‘Rules of Racing’.
5. Registration fees The registration period included is reflective of the hammer price. A re-registration fee will be charged once the included registration period has lapsed if the purchaser wishes to renew thereafter.
6. Publication of registrant name
The name of the buyer will be published on the Racing Administration website upon registration of the colours, and in subsequent annual calendars whilst colours remain registered.
7. Similar Silk Colour and Design
Should t same jacket and sleeve combination already be in existence, a change of cap colour may be requested by the judge should both sets feature in the same race.
8. Rules of Racing The ‘Rules of Racing’ are published by the British Horseracing Authority and are available online at http://rules.
britishhorseracing.com. Potential bidders and buyers are advised to refer to the ‘Rules of Racing’ for their full terms and effects
82.1.1 The Owner of a horse must register colours for racing with the Authority, and (82.1.2) the horse must carry those colours in any race under these Rules.
82.4 An Owner who has more than one set of registered colours must inform the Racing Calendar Office which colours are nominated as first colours.
82.5 The Authority may dictate that the registration of an Owners racing colours shall cease to be valid in such circumstances as it considers appropriate.
82.6 An Owner must declare alternative colours if asked to do so by the Judge. 83.2 Where (83.2.1) an Owner has more than one horse running in the same race, or (83.2.2) an Owners horse will not be carrying the first colours in a race, the Owner or Trainer should declare alternative colours to the Racing Calendar Office by 1pm on the day for making declarations to run under Rules (F) 89. 83.3 if for any reason the Owner or Trainer is unable to make the declaration as required he must declare alternative colours to the Clerk of the Scales before the jockey weighs out.
85.1 an application for the registration of racing colours under Rule 82.1 must be (85.1.1) made using the prescribed form, sent to the Racing Calendar Office accompanied by the appropriate fee. 85.5 Unless the Authority otherwise directs, no transfer of colours between persons or entities will be permitted whether upon re-registration or otherwise, unless the transferee is the
85.5.1 spouse 85.5.2 parent 85.5.3 son 85.5.4 daughter, or 85.5.5 the executors or the administrators of such persons 85.5.6 if the transferor, or in the case of a deceased transferor the heir to his racing interests.
85.6 at the Authorities discretion, colorus may also be transferred between a registered owner and
85.6.1 a Recognised Club registered under Rule 54 85.6.2 a Recognised Stud Company registered under Rule 35 85.6.3 a Recognised Company registered under Rule 40 85.6.4 a Recognised Business Partnership registered under Rule 48
85.6.5 a Joint Ownership registered under Rule 67, 0r 85.6.6 a Racing Partnership registered under Rule 62. 85.7 Provided the Registered Owner is a registered trustee, approved nominee, registered agent, business partner, joint owner or nominated partner as the case may be of the ownership category in question or vice versa (85.7.1) colours may only be transferred back to the original registrant.
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