Auction Information

IMPORTANT DATES
 
‼️4th October -10th November - TRY OUT DATES
‼️ 19th November - Under-saddle presentation of our auction horses from 5pm onwards
‼️ 20th November - Registration at 9am.  ⏰11AM - AUCTION TIME ⏰
 
 
TRY OUTS
 
In order to ensure the well-being of our young athletes, we are limiting the number of sessions, so book early to avoid disappointment.
 
Dirk Zagers, who has worked extensively with this group of horses, will be available for the first week of try-outs to assist anyone looking for specific guidance.
 
To book try-outs or discuss the options further, please contact the team on either:
Phone - 0765 195 308 or
 

⭕️TO ATTEND THE LIVE EVENT 2021.

TICKETS ARE ON SALE ...//> https://www.quicket.co.za/events/154415-capital-stud-hybrid-auction/

We invite you to join us on November the 20th where we will be hosting our first ever Hybrid Auction. This format allows bidders to either bid online (either from home or at the event) or live in-person at the event. 

For those wishing to attend the event, tickets are now on sale via Quicket for R350 per person. There will be food vendors and a full bar service available on the Friday evening and Saturday for all attendees. We also have a list of accommodation options in the area if you wish to stay overnight. 

There are a limited number of tickets available so please book soon to avoid disappointment.

The majority of tickets available are being sold as a complete table of seven. However there are individual seating options available, as shown on the table plan. To book please follow this link.

Please note: The entire event will be live-streamed for all those bidding and viewing from home. You can find the programme for both days attached.

 

Friday 19th of November

On the Friday evening we will be having an under-saddle presentation of our auction horses from 5pm onwards. All are welcome to attend, and no tickets are required, but please do send an email titled: FRIDAY through to chelsea@capitalstud.com to let us know that you are coming and the number of guests so that we can ensure adherence to COVID-19 regulations. 

Prior to arrival, please complete your COVID screening at Www.showwave.co.za/online/capitalstudauction and have your QR code ready. 

 

Saturday the 20th of November

For those wishing to bid online either from the live event, or from home, please register online at https://capitalstud.com/register and make sure you are activated and logged in.

Registration for bidding cards 

For those who wish to bid in person at the live event with a bidding card - registration to acquire your bidding card opens on Saturday the 20th of November at 9am in the auction office at the venue. 

Telephone Bidding 

If you would prefer to organise telephone bidding please contact us on 0765 195 308, at least 48 hours prior to the event and we will complete the pre-registration process for you to facilitate this option.

A note on the Hybrid Auction format

This exciting and new format allowing people to bid online (via the internet from anywhere in the world) and live in-person does mean the auction will run slightly differently to previous years. First and foremost, the auctioneer will be taking bids from the floor, as traditionally done, and from the online portal. A bell signifying an online bid is heard by all as soon as an online bid is placed. There is no countdown clock as in the online only platform as the auction is live and therefore real time, which means you will need to follow the live stream if you are bidding on a horse from home as the horses will not be given a time slot. Secondly, online bidders do not get extra time to bid so you are urged to make your bids swiftly. Finally, lots may take a little longer to close as we ensure all bids are received and accounted for. This also allows us to accommodate any time lag on the livestream system. However, we do not expect much lag and all logged in bidders will see the update (either Floor Bid or Online Bid) and the stated amount instantly.

~

Finally, please take a moment to read our terms and conditions  and let us know if you have any questions. 

We look forward to welcoming you and your family and friends to our new-format Hybrid Auction. 

For any questions you may have please do not hesitate to call 0765 195 308 

 

Thank you for being part of the Capital Stud Adventure!

 
 

⭕️TO REGISTER FOR ONLINE BIDDING.

See how to register below:
  • Click on Login / Register  and fill in the form to create your account.
  • Your password will be required if you use a different device so make a note of it should you want to login on your Phone, Tablet or Computer at a later time.
  • There is an option to select Private or Company 
  • You will receive an email activating your account.  If you do not receive this email immediately please check your junk/spam folder, or contact us on auction@capitalstud.com
  • Click ACTIVATE

 

⭕️TO ATTEND & BID AT THE LIVE EVENT 2021.

TICKETS ARE ON SALE ...//> https://www.quicket.co.za/events/154415-capital-stud-hybrid-auction/

We invite you to join us on November the 20th where we will be hosting our first ever Hybrid Auction. This format allows bidders to either bid online (either from home or at the event) or live in-person at the event. 

For those wishing to attend the event, tickets are now on sale via Quicket for R350 per person. There will be food vendors and a full bar service available on the Friday evening and Saturday for all attendees. We also have a list of accommodation options in the area if you wish to stay overnight. 

There are a limited number of tickets available so please book soon to avoid disappointment.

The majority of tickets available are being sold as a complete table of seven. However there are individual seating options available, as shown on the table plan. To book please follow this link.

Please note: The entire event will be live-streamed for all those bidding and viewing from home. You can find the programme for both days attached.

 

Friday 19th of November

On the Friday evening we will be having an under-saddle presentation of our auction horses from 5pm onwards. All are welcome to attend, and no tickets are required, but please do send an email titled: FRIDAY through to chelsea@capitalstud.com to let us know that you are coming and the number of guests so that we can ensure adherence to COVID-19 regulations. 

Prior to arrival, please complete your COVID screening at Www.showwave.co.za/online/capitalstudauction and have your QR code ready. 

 

Saturday the 20th of November

For those wishing to bid online either from the live event, or from home, please register online at https://capitalstud.com/register and make sure you are activated and logged in.

Registration for bidding cards 

For those who wish to bid in person at the live event with a bidding card - registration to acquire your bidding card opens on Saturday the 20th of November at 9am in the auction office at the venue. 

Telephone Bidding 

If you would prefer to organise telephone bidding please contact us on 0765 195 308, at least 48 hours prior to the event and we will complete the pre-registration process for you to facilitate this option.

A note on the Hybrid Auction format

This exciting and new format allowing people to bid online (via the internet from anywhere in the world) and live in-person does mean the auction will run slightly differently to previous years. First and foremost, the auctioneer will be taking bids from the floor, as traditionally done, and from the online portal. A bell signifying an online bid is heard by all as soon as an online bid is placed. There is no countdown clock as in the online only platform as the auction is live and therefore real time, which means you will need to follow the live stream if you are bidding on a horse from home as the horses will not be given a time slot. Secondly, online bidders do not get extra time to bid so you are urged to make your bids swiftly. Finally, lots may take a little longer to close as we ensure all bids are received and accounted for. This also allows us to accommodate any time lag on the livestream system. However, we do not expect much lag and all logged in bidders will see the update (either Floor Bid or Online Bid) and the stated amount instantly.

~

Finally, please take a moment to read our terms and conditions  and let us know if you have any questions. 

We look forward to welcoming you and your family and friends to our new-format Hybrid Auction. 

For any questions you may have please do not hesitate to call 0765 195 308 

Thank you for being part of the Capital Stud Adventure!

 

For details of the 2021 HYBRID Auction Terms and Conditions, please see below:

TERMS AND CONDITIONS OF CAPITAL STUD WHICH WILL GOVERN THE AUCTION AND SALE OF SPORT HORSES WHICH AUCTION AND SALE WILL BE CONDUCTED THROUGH THE MEDIUM OF LIVE AND ONLINE BIDDING.

1. INTRODUCTION

  • 1.1. These terms and conditions have been drafted in order to protect the interests of Capital Stud (its proprietor and being Mr Henning Pretorius) the auctioneer appointed by Capital Stud, and potential purchasers relating to the auction sale of sports horses.
  • 1.2.Should any potential purchaser of sport horses from Capital Stud not having read and/or not having accepted and/or not having understood all of these trading terms and conditions then such person should not register as a potential purchaser of sport horses from Capital Stud.
  • 1.3.These terms and conditions shall be the only online terms and conditions which will regulate the auction process and the sale of sport horses by Capital Stud to purchasers thereof.

2. DEFINITIONS
In these terms and conditions:-

  • 2.1. the headings to the clauses are for the purpose of convenience and reference only and shall not aid in the interpretation of or modify the provisions of these terms and condition; and
  • 2.2. words importing any one gender shall include the other two genders, words in the singular shall include the plural and vice versa and, unless the context clearly otherwise indicates, the following expressions shall have the following meanings respectively and cognate expressions shall bear corresponding meanings –
    • 2.2.1.“AUCTION” means the sale by live and internet auction of Horses by Capital Stud; and
    • 2.2.2.“AUCTIONEER” means the Auctioneer, the Electronic Agent and/or Mr H Pretorius and/or any party appointed by Capital Stud; and
    • 2.2.3.“AUCTION PERIOD” means the time period allocated / designated by the Auctioneer and/or Capital Stud and which is reflected on the Website and being the period during which each Horse is to be offered for sale by Capital Stud subject to any extension of such period as contemplated in clause 3.3 hereinbelow; and
    • 2.2.4.“AUCTION PROCESS” means the process whereby a Prospective Purchaser transmits an Offer to Capital Stud either via an on the floor bid, a telephonic bid or (via the Internet) to the Electronic Agent and in order that the Electronic Agent may register the Offer during the Auction Period of each Horse and
    • 2.2.5.“CAPITAL STUD” means the Capital Stud, the sole proprietor whereof is Mr Henning Pretorius and being the owner of the Horses; and
    • 2.2.6.“COMPUTER SYSTEM” means collectively the computer software programme and the computer hardware that Capital Stud and the Auctioneer intends utilising during the course of the Auction Process and for the purposes of auctioning and selling a Horse; and
    • 2.2.7. “CP ACT” means the Consumer Protection Act No 68 of 2008 as amended; and
    • 2.2.8.  “ECT ACT” means the Electronic Communications and Transactions Act no 25 of 2002 as amended; and
    • 2.2.9.  “ELECTRONIC AGENT” means the Computer System that Capital Stud utilises in order to enable it/the Auctioneer and during the Auction Process to conclude the sale of a Horse by Capital Stud to the Ultimate Purchaser thereof; and
    • 2.2.10.  “FEI” means the Fédération Equestre Internationale and being the World Governing Body of equestrian sports; and
    • 2.2.11.  “HORSES” means each warmblood sport Horse/s or collectively all of the warmblood sport Horses to be auctioned and sold by Capital Stud; and
    • 2.2.12. “INSURANCE PREMIUM” means the mandatory insurance of a Horse and as referred to in clause 9.1 the extent whereof shall not exceed 0.5% of the Purchase Price inclusive of VAT; and
    • 2.2.13.  “INTERNET” means the interconnected system of networks that connects computers around the world using the TCP/IT (Transmission Control Protocol/Internet Protocol) used by any information system to connect to the Internet; and
    • 2.2.14.  “LAWS” means the laws of the Republic of South Africa which shall include the CP Act and the ECT Act; and
    • 2.2.15.  “OFFER” means the transmission of a live bid or an electronic message by a Prospective Purchaser of a Horse to the Auctioneer or the Electronic Agent which message indicates the Offer amount that the Prospective Purchaser submits in order to purchase a Horse; and
    • 2.2.16.  “PROSPECTIVE PURCHASER/S” means any person and/ or entity that registers itself as such either at the auction office in person or with the Electronic Agent and for the purposes of participating in the Auction Process; and
    • 2.2.17.  “PURCHASE PRICE” means the highest Offer amount offered by the Ultimate Purchaser to Capital Stud and as determined by the AUCTIONEER; and
    • 2.2.18.  “STUD FARM” means the farm at which the Horses are currently stabled by Capital Stud and will remain so stabled pending the conclusion of the Auction Process and which is located at Skeerpoort in the Northwest Province of the Republic of South Africa; and
    • 2.2.19. “ULTIMATE PURCHASER” means the person and/or entity that purchases a Horse and as a consequence of that person having submitted the highest Offer for a Horse either in person, telephonically or via the Electronic Agent and the subsequent acceptance thereof by the AUCTIONEER at the conclusion of the Auction Period; and
    • 2.2.20.“VAT” means Value Added Tax in terms of Section 17 of the Value Added Tax Act No 89 of 1991, the current percentage amount applicable on the selling price of a Horse is 15%; and
    • 2.2.21.“WEBSITE” means the location on the Internet containing the home/web page of Capital Stud and being the primary entry point of the Website of Capital Stud; and
    • 2.2.22.“ZAR” means the currency of the Republic of South Africa and being the Rand.

3. AUCTION PERIOD

  • 3.1. The Auctioneer shall auction and sell each Horse through the medium of live in the room bidding, telephonic bidding, the Computer System and the Electronic Agent during a specific period of time and as indicated on the relevant page of the Website.
  • 3.2.  It shall be within the sole discretion of Capital Stud to amend and/or vary and/or extend any Auction Period relating to a particular Horse.
  • 3.3.  The Auctioneer shall automatically extend the Auction Period i.e. the time at which the Electronic Agent is to accept the final Offer 
  • 3.4 There will be no timer or countdown clock on the Electronic Agent.
  • 3.5 For the avoidance of doubt a sale by auction is complete when the Auctioneer announces its completion by the fall of the hammer or in any other customary manner.

4. BIDDING

  • 4.1. The highest bidder, whose bid is accepted by the Auctioneer, shall be the Buyer of the Horse; provided that, if a dispute arises between two or more bidders in respect of the sale of a Horse, the Auctioneer may, prior to the conclusion of the sale, and in his sole and absolute discretion: 
    • re-auction the Horse in question; or 
    • declare who the Buyer of the Horse is. 
  • 4.2. The decision of the Auctioneer shall, in the circumstances specified in 3.1 above, be absolute, final and binding on all parties. 
  • 4.3. Capital Stud , at its sole discretion, reserves the right to withdraw any horse from the sale at any time without furnishing reasons for doing so.
  • 4.4 The amount of the bid shall not include any VAT, or insurance. 
  • 4.5 Online bidding will be permitted via the ELECTRONIC AGENT.  
    • 4.5.1 The buyer who wishes to bid must register on the auction website www.capitalstud.com, in the prescribed manner before he can participate in the auction. This registration constitutes unconditional acceptance of the terms and conditions of the auction.
    • 4.5.2 The buyer is aware and expressly agrees that the services available via the website are limited to making it technically possible to follow the auction via the internet and to participate in the auction as a bidder. Capital Stud has no responsibility whatsoever for the organisation and course of the auction via its website (for example and without wanting to be exhaustive: the failure of the website during the auction or the delay in the operation of the website during the auction).
    • 4.5.3  The ELECTRONIC AGENT is updated at real time to show the current bid and weather it is held in the room or online.
  • 4.6 Telephone bidding will be permitted if prior arrangements have been made in writing with Capital Stud and if the caller communicates with the appointed telephone bidder during the auction. 
  • 4.7 No prospective Buyer shall be authorised to bid at the live sale unless and until he is in possession of  either : a valid and current Buyer’s card issued by Capital Stud  in respect of the sale in question or has registerd via the ELECTRONIC AGENT and activated his/her account. 
  • 4.8 Buyer’s cards are obtainable on the day of the sale at the sales office, where a copy of the Buyer’s ID / valid passport is required as well as signature of a Buyer’s Contract.
  • 4.9 Once a bid has been entered it cannot be withdrawn.
  • 4.10 Capital Stud retains the right, at its sole discretion, to determine or change the bidding rules as it sees fit to facilitate the auction process. 

5. AUCTIONEER’S COMMISSION
No Auctioneers’ commission shall apply to the selling price of a Horse.

6. PAYMENT OF PURCHASE PRICE AND THE INVOICING THEREOF

  • 6.1.  The Ultimate Purchaser shall pay the Purchase Price to Capital Stud and by way of an electronic funds transfer or bank cheque and within 7  (seven) days  of the completion of the Auction Period in regard to each Horse.
  • 6.2.  Capital Stud shall transmit to the Ultimate Purchaser and to its email address, (as reflected in the electronic registration form completed by the Ultimate Purchaser when registering as a Prospective Purchaser) a tax invoice and within 24 hours of the completion of the Auction Period in regard to a Horse but subject to it being able to do so i.e. there being no interruptions in being able to do so (signal and/or power failures).

7. FAILURE TO TIMEOUSLY PAY THE PURCHASE PRICE 

  • 7.1 In the event that the Ultimate Purchaser fails to timeously effect payment of the Purchase Price then in such event the Ultimate Purchaser shall be liable to pay Capital Stud interest at a rate of 2% per month from the expiry of the date  referred to in clause 6.1 until date of payment of the entire Purchase Price.
  • 7.2 Should Capital Stud elect to cancel the Sale and repossess the Horse sold, Capital Stud shall be entitled, but not obliged, to attempt to re-sell the repossessed Horse at any future Sale.   If the Repossessed  Horse is sold,  then  the  Purchase  Price,  if and  when  paid  in full,  shall  be used  in reduction of the shortfall, if any, which may have resulted by reason of the breach by the Buyer and the resultant cancellation of the agreement of Sale. Capital Stud shall also be entitled to resell any Horse in respect of which the Buyer cannot be found or traced. 
  • 7.3 Should Capital Stud elect to cancel the Sale,  whether the Horse is resold or not, the defaulting Buyer  agrees  to  pay  all  costs  which  arise  from  the  cancellation,  which include but are not limited to transport and keep costs, veterinary fees, insurance, legal costs on the attorney and own client scale, loss of interest and loss of income  (e.g. sales fees), on the Purchase  Price in respect  of such Horse. 

8. COLLECTION OF HORSE

  • 8.1.  The Ultimate Purchaser shall collect the Horse from the Stud Farm and within 7 (seven ) days of the completion of the Auction Period.
  • 8.2.  In the event that the Ultimate Purchaser does not collect a Horse within the time period indicated in clause 8.1, Capital Stud shall continue to stable a Horse at the Stud Farm and at a daily stabling rate of ZAR180.00 plus VAT.
  • 8.3.  The Ultimate Purchaser shall be obliged to pay the costs of stabling the Horse prior to its removal and if such removal does not take place within the time period indicated in clause 8.1.

9. HORSE LIFE INSURANCE

  • 9.1. As a consequence of the Ultimate Purchaser not being able to arrange immediate insurance cover relative to the life, loss of use and/or critical care of the Horse,  Capital Stud shall insure the Horse, for the account of the Ultimate Purchaser, with a recognised equine insurer for an amount equal to the Purchase Price, the Insurance Premium will not exceed 0.5% of the Purchase Price, and until the 30th December 2021 i.e. in the name of the Ultimate Purchaser and noting the interest of Capital Stud in the Horse which noting shall continue (and thereafter be cancelled) by Capital Stud as soon as the Ultimate Purchaser has effected payment of the Purchase Price.
  • 9.2. In the event that the Horse is not collected by the  Ultimate Purchaser from the Stud Farm by the 30th December 2021 and in the sole and unfettered discretion of  Capital Stud, Capital Stud shall be entitled to extend the insurance cover on the Horse beyond the 30th December 2021 and at the cost of the Ultimate Purchaser. 

10. HORSE MEDICAL INSURANCE

  • 10.1. Capital Stud shall not insure a Horse in regard to medical complications (e.g. colic operation/s) relative to a Horse but the Ultimate Purchaser shall be entitled to do so.
  • 10.2. The Ultimate Purchaser, whilst a Horse remains on the Stud Farm, shall be obliged to advise, Capital Stud in writing of all details relative to medical insurance cover that the Ultimate Purchaser has arranged.
  • 10.3. In the event that  a Horse requires medical attention (pending its removal from the Stud Farm by the Ultimate Purchaser), the Ultimate Purchaser hereby appoints Capital Stud as its duly authorised agent to employ the services of a veterinarian (for the account of the Ultimate Purchaser) in order to undertake the necessary medical procedure/s so as to ensure the continued well-being of the Horse.

10. HORSE INSPECTION PRE-AUCTION

  • 10.1.  It is recorded that prior to the Auction and on those dates and times to be arranged with Capital Stud, Capital Stud will permit a Prospective Purchaser to inspect and/or to ride a Horse and/or to undertake the examination of documents and/or DTIs relative to a Horse but subject to the provisions of clauses 11 and 12 here in below.
  • 10.2.  The Prospective Purchaser here by acknowledges that it shall not been titled to cancel a sale of a Horse to it on the basis that it did not view and/or ride a Horse prior to the Auction thereof.

11. VETERINARIAN EXAMINATION REPORT (“THE REPORT”)

  • 11.1.  It is recorded that prior to Auction Process, Capital Stud would have employed a veterinarian to undertake a medical examination of the Horses and whereafter the Report would have been generated pursuant thereto.
  • 11.2.  Subject to the Prospective Purchaser and/or a registered veterinarian contracted by the Prospective Purchaser signing a non-disclosure and confidentiality undertaking agreement Capital Stud shall make available the Report to a Prospective Purchaser in order that that person may familiarise himself with the contents thereof and whereafter the Report shall be returned by the Prospective Purchaser to Capital Stud – the Prospective Purchaser shall not be entitled to retain a copy of the Report.
  • 11.3.  The Prospective Purchaser shall not be entitled to rely upon the contents or any portion of the Report should it purchase a Horse (become the Ultimate Purchaser) the Prospective Purchaser acknowledging that Capital Stud does not warrant the correctness and/or the accuracy and/ or the completeness of the Report i.e. the Report would have been made available on a good faith basis, the Prospective Purchaser understanding that it will be the Prospective Purchaser’s responsibility and/or obligation to undertake, if necessary, an inspection of a Horse (utilising the services of the relevant experts) in order to satisfy the Prospective Purchaser as to the physical condition of a Horse.

12. RADIOGRAPHS

  • 12.1. It is recorded that Capital Stud may be in possession of a set of Digital Radiograph Images (“DRIs”) relative to a Horse.
  • 12.2. Capital Stud recommends that DRIs be accessed by veterinarians familiar with interpretation of equine DRIs i.e. it is designed to assist Prospective Purchasers (by veterinarians employed by Prospective Purchasers) in assessing the physical attributes of a Horse.
  • 12.3 Access to DRIs of a Horse will be restricted to registered veterinarians employed by Prospective Purchasers and accordingly and prior to access being permitted the Prospective Purchaser’s veterinarian will be obliged to sign a non-disclosure confidentiality undertaking relative to the DRIs inspection process.
  • 12.4 Capital Stud does not warrant that the DRIs of a Horse are complete, and/or are accurate.
  • 12.5 The Prospective Purchaser shall not be entitled to rely upon the contents of the DRIs (including the submission of Offers and/or arising from the purchase of a Horse) and furthermore the Ultimate Purchaser shall not be entitled to have access to the DRIs subsequent to the completion of the Auction Process.

13. HORSE PASSPORT INFORMATION AND VACCINES

  • 13.1. It is recorded that each Horse has been issued with a passport.

  • 13.2. Capital Stud warrants that the information in the passport of a Horse is correct and accurate.

  • 13.3. Capital Stud warrants that each Horse has been timeously vaccinated with vaccines as prescribed by the FEI.

  • 13.4. The Ultimate Purchaser shall not be entitled to cancel the sale of the Horse should the passport reflect information in the passport of a non- material nature.

  • 13.5. Capital Stud, subject to the Ultimate Purchaser having complied with all of his obligations in terms of these terms and conditions, shall release the passport of a Horse on demand to the Ultimate Purchaser or to any third party as designated by the Ultimate Purchaser e.g. to the person/ entity that is tasked with removing a Horse from the Stud Farm.

14. WARRANTIES APPLICABLE TO THE SALE OF A HORSE

  • 14.1.  No warranties will apply to the auction sale of a Horse from Capital Stud to the Ultimate Purchaser.
  • 14.2.  By virtue of the recordal referred to in clause 11.1 a Horse is sold on an “as is” (“voetstoets”) basis and accordingly an Ultimate Purchaser shall not be entitled to rely upon any warranty of whatsoever nature (whether same is expressed and/or implied and/or tacit) either in accordance with the Laws and/or the Common Law of the Republic of South Africa.

15. RISK, OWNERSHIP AND POSSESSION

  • 15.1.  Risk in and to a Horse purchased by the Ultimate Purchaser shall pass to such Ultimate Purchaser when the Auctioneer and/or the Electronic Agent determines the identity of that party who has submitted the highest Offer for a Horse (and being the Ultimate Purchaser) and at the termination of the Auction Period.
  • 15.2.  Ownership in and to a Horse purchased by the Ultimate Purchaser shall pass to such Ultimate Purchaser when the Ultimate Purchaser has paid the Purchase Price plus VAT.
  • 15.3.  Possession of the Horse will be given to the Ultimate Purchaser as soon as the Ultimate Purchaser has effected payment of the Purchase Price of the Horse and any other amounts contemplated in these terms and conditions.

16. THE RIGHT OF THE AUCTIONEER AND/OR CAPITAL STUD TO REJECT ANY OFFER/S

  • 16.1.  Capital Stud shall have the sole and unfettered right and during the Auction Process to reject any Offer from a Prospective Purchaser.
  • 16.2.  In the event that Capital Stud and/or the Auctioneer should exercise the right referred to in clause 16.1 hereinabove then in such event Capital Stud:-
    • 16.2.1.  shall not be obliged to furnish the Prospective Purchaser with any reasons for its non-acceptance of the Offer; and
    • 16.2.2.  will not be liable to the Prospective Purchaser for any damages of whatsoever nature arising from the exercise of the right referred to in clause 16.1.

17.VAT

  • 17.1. The Offer by an Ultimate Purchaser shall not include VAT, the extent of VAT will be added to the amount of the Offer of the Ultimate Purchaser e.g. if the Offer of the Ultimate Purchaser is the sum of ZAR 1 million then the VAT amount that will apply with be ZAR 150k i.e. the Purchase Price will be the sum of ZAR 1.15 million.

18. BREACH OF THESE TERMS AND CONDITIONS

  • 18.1.The Prospective Purchaser acknowledges that the obligations undertaken by the Ultimate Purchaser as reflected in these terms and conditions are material.
  • 18.2.In the event of a breach by a Prospective Purchaser /Ultimate Purchaser of any of its obligations in these terms and conditions then in such event Capital Stud shall be entitled to cancel the sale of a Horse and to thereafter, if applicable, to immediately demand return of a Horse to the Stud Farm or to urgently take steps to locate and to thereafter return a Horse to the Stud Farm which process shall be in addition to any other rights that accrue to Capital Stud including the right to seek and to recover such damages that it may have suffered as a consequence of such cancellation.

19. APPLICABILITY OF THE ECT ACT

  • 19.1.As a consequence of the Auction of Horses being transacted in an electronic manner, certain provisions of the ECT Act shall apply to the sale of Horses.
  • 19.2.It is recorded that in terms of section 20 (c) and (d) of the ECT Act that the Prospective Purchaser is a person who utilises the Electronic Agent will not be bound by these terms and conditions unless these terms and condition were capable of being reviewed (read and considered) by the Prospective Purchaser prior to the Prospective Purchaser becoming involved in the Auction Process.
  • 19.3.The Prospective Purchaser hereby confirms and records that the provisions of section 20 (c) and (d) of the ECT Act shall not apply to it and more specifically to the Auction Process and as a consequence of the fact that the Ultimate Purchaser would in fact have reviewed (read, understood and accepted) these terms and conditions and arising therefrom the Electronic Agent will accept and register an Offer from a Prospective Purchaser relative to a Horse.

20. THE CP ACT
The sale of Horses by Capital Stud will be governed by certain provisions of the CP Act.  Capital Stud will not accommodate ‘buyer’s remorse’. Any horse purchased will be payable in full. Auctions are excluded from Section 55(1) of the Consumer Protection Act, 2008. (Act 68 of 2008), which expressly states that the cooling off period does not apply to goods bought on auction.


21. CONSEQUENTIAL DAMAGES

Capital Stud and/or the Auctioneer shall not be liable to a Prospective Purchaser/the Ultimate Purchaser for any direct, indirect or consequential losses of the Prospective Purchaser/ the Ultimate Purchaser that may arise and as a consequence of the participation of a Prospective Purchaser in the Auction Process and/or arising from the purchase of a Horse by the Ultimate Purchaser.

22. WAIVER

The Prospective Purchaser and the Ultimate Purchaser hereby agrees that any failure and/or delay by Capital Stud/the Auctioneer in exercising any of its rights in these terms and conditions shall not operate as a waiver by them as regards them exercising any of their rights in terms of these terms and conditions and at any time.

23. CERTIFICATE

A certificate signed by a representative and/or agent of Capital Stud/ the Auctioneer shall be prima facie proof of any indebtedness owed by the Ultimate Purchaser to Capital Stud, the production of which certificate will discharge any onus on Capital Stud to prove the existence and/or the extent of the indebtedness of the Ultimate Purchaser to Capital Stud.

24. LEGAL COSTS

In the event that Capital Stud is obliged to take any legal action against the Ultimate Purchaser and should it be successful with such legal action then Ultimate Purchaser will be liable for all of Capital Stud’s legal costs and on the scale as between attorney and own client.

25. ADDRESS FOR SERVICE OF NOTICES AND LEGAL PROCESSES BY CAPITAL STUD ON YOU

The Prospective Purchaser/ Ultimate Purchaser selects, as an address for service of all notices and/or legal processes, the address that the Prospective Purchaser has furnished in the registration section of Capital Stud’s Website.

26. APPLICABLE LAW
All matters arising from the Auction Process including Offers shall be subject to the Laws and more specifically governed thereby.

27. JURISDICTION

The Ultimate Purchaser hereby consents to the jurisdiction of the High Court of South Africa, Gauteng Local Division, Johannesburg or at Capital Stud’s option, the Magistrates’ Court having jurisdiction in regard to any claim which Capital Stud may institute against the Ultimate Purchaser notwithstanding that the amount and/or the issue in question may exceed the jurisdiction of the Magistrates’ Court.

28. VARIATIONS AND SOLE RECORD OF AGREEMENT

  • 28.1.These terms and conditions will constitute the only terms and conditions between Capital Stud/ the Auctioneer and the Prospective Purchaser/ Ultimate Purchaser and accordingly no warranties or representations of whatsoever nature, whether express or implied, not indicated herein shall be binding on them.
  • 28.2.No agreement at variance and/or amendments to these terms and conditions and no cancellation of any of these terms and conditions shall be binding on Capital Stud and/or the Auctioneer unless such variation, and/or amendment and/or cancellation is reduced to writing and signed by or on behalf of them.

29. APPLICATION OF THE DISASTER MANAGEMENT ACT NO 57 OF 2002 (“THE DM ACT”)

  • 29.1.  It is recorded that there currently exists in South Africa a declaration of a National State of Disaster and arising therefrom certain restrictions in regard to the movement (specifically transportation) of Horses may exist at the date of the auction process and/or may come into existence shortly thereafter.
  • 29.2.  In the event of either of those 2 eventualities referred to in clause 28.1 hereinabove, which then prevents Horses purchased by Ultimate Purchasers being retained at the stud premises then in such event:-
    • 29.2.1. all sales of horses shall remain of full force and/or effect and shall not be capable of being cancelled by the Ultimate Purchaser/s thereof; and
    • 29.2.2. Capital Stud shall stable the Horse/s concerned and in such event:-
      • 29.2.2.1.the Ultimate Purchaser shall be liable for the stabling costs of the Horse/s at a rate of ZAR180 (One Hundred and Eighty Rand) per day plus VAT which amount shall be payable by the Ultimate Purchaser/s on demand after the relevant invoice has been transmitted to the Ultimate Purchaser/s; and 
      • 29.2.2.2. the Ultimate Purchaser/s will be liable for all veterinarian services that the Horse/s require from time to time, the Ultimate Purchaser/s (by having accepted these terms and conditions) hereby authorising Capital Stud to engage the services of a veterinarian and to contract with the veterinarian business concerned in the name of the Ultimate Purchaser/s; and 
      • 29.2.2.3. when the National State of Disaster permits the movement/transportation of a Horse then within 7 (seven) days of that event the Ultimate Purchaser/s shall be obliged to remove the Horse/s from Capital Stud but will only be able to do so subject to there being no amounts owing to Capital Stud relative to the stabling of the Horse.

 

Capital Stud have a full pre-purchase vetting with x-rays available for each sport horse on auction. All vettings and x-rays were completed by Dr. Mike Ross.


These vettings are now available for viewing to any prospective buyers by consulting directly with Dr Mike Ross.


The results of the veterinary examinations, their statements and evaluations are independent services of veterinarians. No contractual promise by Henning Pretorius is made, since these veterinarians are independently working experts.


Contact us with any queries 0765 195 308 

chelsea@capitalstud.com

A BIG THANK YOU to Kuda Sport Horse for partnering with us to bring you top class Insurance and Finance options - for A BIG FUTURE.
 
This means you benefit from our preferential rates when you purchase a horse on auction in 2021. No additional vet certificate is required, regardless of value.
Contact kerry@kuda.co.za to find out more!
 

⭕️KUDA INSURANCE

Your friend, your pride, and your teacher – we understand that to you, they are so much more than just a horse. This is why we’re committed to taking care of their insurance needs, so you can focus on growing that special bond and achieving success together.
 
Whether your passion is Dressage, Eventing, Show Jumping, or just hacking around the farm, we have the tailored cover for you. It’s simply not worth the risk of not having cover for them in their hour of need.
Link to the website www.kuda.co.za
 

⭕️KUDA INSURANCE

We are are able to provide finance for horses being purchased on the Capital Stud auction. Application forms can be requested from us and final applications must be submitted no later than a week prior to the auction.
 
 

We are happy to assist with any information regarding exportation and after sales service you might need.

Please feel free to contact us for more information or if you have any questions.

Contact Chelsea: chelsea@capitalstud.com

Subscribe to our newsletter!

This website uses cookies. This way we can ensure that your browsing experience is made even more pleasant. For more information, please review its Privacy Policy.