Lot 54 FINAL APPLAUSE (GB)
* Recipient Warranty and Acknowledgement
The Recipient of the Godolphin sale profiles and information warrants that they rely on their own inspection and inquiries in respect to the Thoroughbred which is the subject of the profile and information and not on any representation of Godolphin or its contractors, employees or any other agent, attorney or affiliates of Godolphin.
The Recipient acknowledges that:
- Godolphin makes no representations or warranties of any kind, express or implied in respect to the health, physical condition or soundness of the Thoroughbred, or any other matter, and the Seller makes no express or implied warranty of merchantability or fitness for purpose and specifically disclaims same;
- The Recipient has made its own enquiries as to the condition, suitability, quality, fitness (for racing or breeding purposes or otherwise), safety or soundness of the Thoroughbred and are satisfied with the result of those enquiries;
- The Recipient covenants with Godolphin that it has had the Thoroughbred examined by such veterinarians or other agents of its choosing and that Godolphin shall have no responsibility whatsoever for same, and
- the Recipient further covenants with Godolphin that it is not relying on any statements made by Godolphin or its contractors, employees or any other agent, attorney or affiliates of Godolphin.
The Recipient acknowledges that whilst Godolphin will take reasonable steps in the care of the Thoroughbred it shall not be liable for any loss, damage or claims of whatsoever nature or howsoever arising from injury, sickness, disease or death caused to or sustained by the Thoroughbred whilst under the care or control of Godolphin or its employees and agents. Godolphin shall not be liable to the Recipient for any loss, damage, costs or expense and arising out of any injury, damage or death which may arise or be caused and notwithstanding the same is attributable to or is in part attributable to recklessness, negligence, forbearance or neglect by Godolphin or any servant or agent of Godolphin or any other person in whose care or control Godolphin may place the Thoroughbred.