2021 APG Sales Information Pack

APG SALES INFORMATION PACK

Directors & Staff Contents 2
4
CHAIRMAN 2020 Sales Review 5
Robert Marshall - NSW Review of 2020 Sales
Stallion Averages - 2020 APTS 6
DEPUTY CHAIRMAN Stallion Averages - 2020 APG Sales 7
Peter Watkinson - VIC 8
2021 Sales Information 10
DIRECTORS Why APG is the Best Choice For Vendors in 2021 11
Bill Ellis - NSW Format for 2021 APG/APTS Sales 12
Paul Ellis - QLD Fees & Charges for 2021 APG/APTS Sales
Trevor O'Reilly - QLD APG Signs Major Partnerships with Key Organisations 14
APG Race Series and Sales Races – Series 32 (2021 Sales) 15
GENERAL MANAGER Important Vendor Obligations 19
David Boydell 20
2021 APG Sale Entry Forms 21
OTHER STAFF: - Important Information Re Online Entries 22
Louise Toulmin – Sales Manager - Terms & Conditions of Sale – Series 32 23
John Coffey – Customer Relationships - Brisbane Sale (Sunday, 24 January) 24
Dean Baring – Marketing & Operations - Melbourne Sale (Sunday, 7 February)
Philip Trainor - Pedigree Researcher - APTS Sale (Sunday, 7 February)
- Perth Sale (Sunday, 28 February)
SECRETARY - Sydney Sale (Sunday, 7 March)
Chris Bolenski - Non-Sale

APG CONTACT DETAILS PO Box 164, BUNINYONG VIC 3357
Address (03) 5275 1999
Telephone (03) 5275 6999
Facsimile [email protected]
Email

WWW.APGOLD.COM.AU

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REVIEW OF THE 2020 APG YEARLING SALES

In aggregate, APG’s 2020 Sales were our best ever, setting national records for both turnover and sales averages.

Our Brisbane, Perth and Sydney sales each achieved individual record results (both for turnover and sales
average), as did the APTS, whilst only our Melbourne pacing sale took a step back from the record highs that it
achieved in 2019.

APG Sales Statistics Brisbane Sydney Perth

Sales Average 2019 2020 2019 2020 2019 2020
Clearance Rate
Gross Sales $18,071 $25,125 $28,236 $29,137 $18,060 $20,771
No. Horses Offered
63.64% 97.30% 88.59% 87.08% 78.69% 85.71%

$506,000 $904,500 $4,602,500 $5,303,000 $1,733,800 $1,994,000

44 37 184 209 122 112

APG Sales Statistics Melbourne APTS

Sales Average 2019 2020 2019 2020
Clearance Rate
Gross Sales $30,680 $28,072 $16,401 $19,413
No. Horses Offered
77.07% 76.22% 72.73% 83.64%

$4,847,500 $3,958,182 $787,250 $893,000

205 185 66 55

Whilst Melbourne’s result may initially seem to be at odds with APG’s record breaking sales in all other
jurisdictions, the reduced sales average is predominantly a reflection on the lack of sire power that was evident
in Melbourne in 2020.

As detailed in the table below, the number of yearlings sired by the “Big 6” stallions fell from 122 in 2019 to only
66 in 2020.

These 66 yearlings actually sold at a $5,000 (13.6%) premium compared to the “Big 6” progeny from the previous
year’s Melbourne Sale. However, because they made up a much smaller percentage of the overall sale,
Melbourne’s Sales average actually declined.

Turning to the progeny of the “Non Big 6” stallions, the statistics show that they achieved almost identical sales
averages and clearance rates compared to the prior year. However, as they made up a much larger proportion of
the sale, they effectively acted to drag the average back down from the previous year’s record highs.

Sales average for progeny of "Big 6" stallions APG Melbourne 2020 APG Melbourne 2019
Clearance rate for "Big 6" stallions $43,446 $38,232
84.8% 81.1%

Sales average for progeny of all other stallions $17,943 $18,008
Clearance rate for all other stallions 71.4% 71.1%

Overall Melbourne Sales Average $28,072 $30,680
Overall Melbourne Clearance Rate 76.2% 77.1%

Comparison of APG’s 2020 Results to New Zealand Bloodstock’s

Both the APG and the NZ yearling sales each experienced moderate growth in sales averages of just under 3%,
which we believe was a strong outcome for both countries as the growth was achieved despite a significant drop-
off in the number of progeny by the traditionally dominant “Big 6” stallions.

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New Zealand solid results came off the back of another strong showing by Bettors Delight (which made up 26.8%
of their catalogue, compared to only 6.4% of the APG catalogue), whilst Art Major and Captaintreacherous were
also major contributors to their successful results.

Whilst the APG Sales had a much broader mix of sires, APG’s median prices for each sire (i.e. the price for which
the “middle” horse was sold) was very competitive with what was achieved in New Zealand, as demonstrated by
the table below:

Stallion Statistics APG 2020 Sales NZ 2020 Sales

Colts 55% 61%
Fillies 45% 39%

The Big 6 Sires: % of Catalogue Median Price % of Catalogue Median Price
- American Ideal
- Art Major 6.1% $27,000 6.5% $22,500
- Bettors Delight 7.2% $26,750 15.4% $45,000
- Captaintreacherous 6.4% $50,000 26.8% $50,000
- Mach Three 6.6% $46,675 5.2% $41,000
- Somebeachsomewhere 0.4% $35,000
4.4% $42,000 - -
31.1% 5.2% $30,000
59.2%

Other Leading Sires*: 6.3% $24,500 8.2% $20,000
- Always B Miki 8.8% $20,000 4.2% $18,000
- Betting Line 2.6% $20,000 4.9% $15,000
- Rock N Roll Heaven 3.5% $30,000 7.2% $30,000
- Sweet Lou 21.2% 24.5%

All Other Sires 47.7% $11,000 16.3% $10,000

*Sires with 10+ progeny in both the APG & NZ Sales which achieved a sales average of $20,000+ at either the APG or NZ Sales.

Long Term Trends

APG’s strong 2020 sales results continue our impressive long term growth which has seen APG’s relative market share
(compared to the NZ Sales & Bathurst) grow from 27% of the Australasian yearling sales market in 2007, to 51% in 2020.

Market Share - 2007 Market Share - 2020

27% 46% 51%
69% 4% 3%

APG Gross Sales Bathurst Gross Sales NZ Gross Sales APG Gross Sales Bathurst Gross Sales NZ Gross Sales

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Over the same period, APG’s pacing sales averages on the East Coast have grown by an impressive 110% whilst
Australian harness racing prizemoney has only increased by 41% and inflation (as measured by the CPI) by 32%:

2007 thru 2020 APG East Coast Sales
Growth in Turnover 134%
Growth in Sales Averages 110%
Growth in Clearance Rates 12%
Growth in No. Horses Sold 11%
Growth in National CPI (Inflation) 32%
Growth in National Prizemoney 41%

The bottom line is that APG’s sales have achieved continued growth and success over an extended period of
time. This success has enabled APG to grow its revenues and reinvest in its race Series, which has grown from
around $1.3Million for 2007 Sales Graduates to now surpass $3Million for APG’s 2020 Sales Graduates (over
$2.5Million for the main APG Race Series, plus close to a further $500,000 in sales races in Queensland &
Western Australia).

STALLION AVERAGES – 2020 TROTTERS

Stallion Number Offered Clearance Rate Average

Aldebaran Eagle USA 3 33.3% $10,000
Andover Hall (US) 2 100.0% $42,500
Bacardi Lindy USA 4 75.0% $10,167
Cardigan Boko SWE 2 100.0% $17,000
Creatine USA 3 66.7% $25,000
Dreamcatcher SWE 3 100.0% $9,667
Father Patrick (US) 5 80.0% $36,875
Kvintet Avenger FIN 1 100.0% $10,000
Lawman USA 2 50.0% $11,000
Love You (FRA) 2 100.0% $33,250
Majestic Son CA 8 100.0% $20,938
Muscle Hill (US) 2 100.0% $52,500
Muscle Mass USA 1 100.0% $14,000
Orlando Vici (FRA) 1 100.0% $50,000
Peak DNK 1 100.0% $4,000
Quaker Jet (FRA) 2 100.0% $11,500
Royalty For Life (US) 2 50.0% $25,000
Sebastian K (SWE) 3 66.7% $6,500
Skyvalley NZ 2 100.0% $6,000
Trixton (US) 1 100.0% $51,000
Used To Me FRA 9 88.9% $6,625

*Only trotting sires whose progeny sold at the 2020 APTS or APG Sales are included in the above statistics. APG
has made every effort to verify the above data but accepts no responsibility for any errors or omissions.

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STALLION AVERAGES – 2020 SALES

Stallions with a Service Fee of $8,000+ (inc GST)

Stallion Number Offered Clearance Rate Average
American Ideal USA
Art Major USA 33 87.9% $28,121
Betting Line USA 39 97.4% $33,237
Bettors Delight USA 48 70.8% $24,632
Captaintreacherous (US) 35 88.6% $60,484
Somebeachsomewhere USA 36 83.3% $51,200
24 87.5% $41,976

Stallions with a Service Fee from $4,000 - $7,999 (inc GST)

Stallion Number Offered Clearance Rate Average

A Rocknroll Dance USA 37 78.4% $12,586
Always B Miki USA 34 88.2% $28,189
Betterthancheddar USA 7 85.7% $17,083
Four Starzzz Shark CA 9 100.0% $13,556
Hes Watching USA 10 80.0% $13,125
Pet Rock USA 13 69.2% $10,389
Racing Hill CA 9 77.8% $8,429
Rock N Roll Heaven USA 14 92.9% $21,077
Roll With Joe USA 9 77.8% $19,357
Shadow Play USA 8 87.5% $18,000
Sportswriter USA 16 87.5% $17,357
Sunshine Beach USA 18 83.3% $15,233
Sweet Lou USA 19 94.7% $33,778
Well Said USA 22 68.2% $10,800
Western Terror USA 5 100.0% $15,600

Stallions with a Service Fee up to $3,999 (inc GST)

Stallion Number Offered Clearance Rate Average

Alta Christiano NZ 8 100.0% $29,875
Auckland Reactor NZ 5 100.0% $5,400
Badlands Hanover USA 5 100.0% $17,600
Fly Like An Eagle 13 69.2% $18,111
Follow The Stars 14 85.7% $10,958
Tintin In America NZ 7 85.7% $24,833
Warrawee Needy CA 7 100.0% $14,000

*Only pacing sires with a minimum of 5 progeny in the 2020 APG Sales are included in the above statistics. The
Service Fee refers to the advertised Stallion Fee for the 2017/18 Season. APG has made every effort to verify the
above data but accepts no responsibility for any errors or omissions.

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WHY APG IS THE BEST CHOICE FOR VENDORS

The upcoming sales season will be an important one for the long-term future of the industry, and breeders and
purchasers will be asked to potentially choose between two competing options. Make no mistake – the
decisions that breeders make regarding their current weanlings will have long-term ramifications for the
breeding industry.

The reality is that the presence of an additional sales company will create a significant duplication of costs (two
sets of yearling sales catalogues, two sets of advertising, two sets of staffing costs, etc.). More money will be
spent on running the sales, leaving less money available to be returned to the industry in the form of prizemoney
and the like.

Reduced prizemoney from sales races will disenfranchise buyers, reducing the demand for yearlings and placing
downwards pressure on prices.

At APG, we strongly believe that the long-term interests of the breeding industry require that there be only one
major yearling sales company in Australia, and that APG is the company that can best service the needs of
Australian breeders.

When making their decisions on where to sell their stock in 2021, we hope that breeders take into account the
following considerations:

• APG is Not-for-profit;
• APG is 100% Australian owned;
• APG is 100% focussed on Standardbred yearling sales;
• APG Sales are exclusively for Australian bred yearlings;
• APG is owned by the industry’s leading clubs and harness racing authorities; and
• APG is backed by Australia’s richest sales-based race series.
• APG brings the sales and the race series to the buyers. Vendors have an option to sell in their home

state each and every year, whilst buyers have the opportunity to purchase from their home state and
compete in APG’s lucrative race series entirely in their home state, without needing to incur
expensive interstate travel costs.
By contrast, the potential new sales company requires buyers and vendors to rotate between Melbourne and
Sydney on an annual basis, creating significant additional expenses which represent further wastage to the
industry.
Further, the potential new entrant has announced its intention to open up its sales to New Zealand bred
yearlings, creating additional competition for Australian breeders.

What’s New to APG in 2021?

APG’s offering to vendors is set out over the following pages, however, some of the highlights include:
• The introduction of a Vendor Loyalty Rewards Program (page 8)
• Reduced Commission & Sustaining Fees on Passed-In Lots (page 8)
• Exclusive new promotional partnerships with the Victorian Harness Racing Club and the NSW
Owners Association that will significantly boost APG’s profile and marketing opportunities and create
an army of buyers armed with $1,500 Vouchers exclusively redeemable at the APG sales (page 10)
• Massive new marketing and sponsorship deal with Harness Racing Victoria providing premium
coverage across all of HRV’s digital platforms, plus Sky Channel, SENtrack and on-course at Melton.

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APG SALES FORMAT FOR 2021

In keeping with its mantra of “bringing its sales to the people”, APG’s 2021 Sales Calendar will follow its
traditional format, hosting sales in Brisbane, Melbourne, Perth and Sydney.

Brisbane – Sunday, 24 January 2021

Brisbane will retain the same format that applied to APG’s record breaking 2020 Brisbane Sale, where pacers
averaged $25,125 at a clearance rate of 97.3%.

APG is conscious of the need to maintain a strong demand-to-supply ratio at the sale, and we would therefore
like to keep the Brisbane Sale to no more than 50 pacers plus whatever trotting entries we receive.

In the event that APG receives more than 50 pacing entries, APG will seek to select what we believe to be the 50
most commercial pacers for inclusion in the Brisbane Catalogue. Vendors of any entries that fall outside the top
50 will still be permitted to be catalogued and go through the sales ring if vendors so wish, however, they will
also be offered the option of transferring to a special non-sale entry (at a cost of $990) that allows them to
remain eligible for both the Brisbane Sales Race and the APG Race Series (provided that owner maintains
eligibility by making the June, September & December 2021 sustaining payments).

Melbourne – Sunday, 7 February 2021

APG’s Melbourne Sale will retain its premium timeslots on the Sunday of Hunter Cup weekend.

In what is an enormous coup for APG and its vendors, APG has recently entered into an exciting new ownership
partnership with Rob Auber at the Victorian Harness Racing Club which will see 260 owners each year win $1,500
vouchers that are only available for use at the APG and APTS yearling sales.

The majority of the 2020/21 vouchers will be in the hands of owners prior to the 2021 Melbourne and APTS
Sales, providing an important boost and incentive for buyers looking for their next champion.

APG is also delighted to announce a major new marketing partnership with HRV and SEN Track which will
strengthen APG’s presence in Victoria and further cement APG’s position as Australia’s premier yearling sales
company.

APTS – Sunday, 7 February 2021

We were thrilled with the way the APTS integrated into APG’s 2020 Melbourne Sale’s weekend, attracting a
strong crowd that remained right through until the last trotting lot passed through the sales ring. Indeed, seven
of the top 10 trotting sales came from the last 15 horses through the sales ring.

Following on from the success of the 2020 APTS, we are excited to once again partner with HRV to conduct the
2021 APTS, which will be supported by the APTS 3yo Race Series, which culminates in a pair of Group One finals
(separate divisions for colts & fillies).

Perth – Sunday, 28 February 2021

APG’s shift to Magic Millions’ new four hectare property in the Swan Valley proved enormously successful, with
our 2020 Perth Sale achieving record sales averages and gross turnover.

APG is enormously appreciative of the support that we have received from our Perth vendors and purchasers,
which has seen sales averages grow by more than 50% over the past four years, whilst annual turnover has
grown by over $630,000 over the same timeframe, approaching $2Million in 2020.

Sydney – Sunday, 7 March 2021

APG’s Sydney Sale will once again retain its prime timeslot on Miracle Mile weekend at Inglis’s Riverside Stables
at Warwick Farm, making it the number one destination for NSW (and many interstate) yearling buyers.

APG’s Sydney sale has enjoyed two successive years of record results, which has seen sales averages grow by
25% over the period, whilst gross turnover has grown by 45%, topping $5.3million in 2020.

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FEES & CHARGES FOR 2021 APG SALES

Fees & Charges Applicable to the 2021 APG Sales

APG has revised its fees and charges for its 2021 sales, introducing a Loyalty Rewards Program and implementing
a number of fee changes that will make it more affordable for vendors of passed-in lots to keep their horses
sustained for the APG Race Series.

A full list of APG’s fees and charges is detailed in the table on the following page.

Please note that the following section deals with APG’s fees and charges – the APTS is subject to a separate
partnership agreement with HRV that provides for a different set of fees and charges compared to the APG Sales.
These are explained in a later section detail below.

APG Entry Fees

APG’s entry fee of $495 per yearling (for yearlings nominated online by the due date of 30 June 2020) remains
exceptional value when compared to the offerings of other sales companies.

Please note, however, that late entry fees will apply to any entries received after 30 June:

• APG’s Entry Fee will increase to $660 for all entries received between 1 July and 17 July
• APG’s Entry Fee will increase to $990 for all entries received after 17 July

Late entry fees will be strictly enforced going forward as vendors that fail to adhere to our entry deadlines
detract from our ability to properly plan our sales and meet our catalogue production deadlines.

Loyalty Rewards Program

APG’s new Loyalty Rewards Program is designed to reward vendors that choose to sell their yearlings with APG.
Under the program, once a vendor has nominated five horses for the APG or APTS Sales, they will receive a
complimentary cataloguing fee for their sixth horse.

These rewards accrue from year to year, so smaller vendors can earn their rewards over the course of two or
more years.

Importantly, however, Loyalty Rewards may only be earned &/or redeemed on yearlings that are nominated for
sale by the due date for entries, which is 30 June 2020. Entries lodged after the due date for entries will not be
eligible for Loyalty Rewards, and will also be subject to late entry fees.

Making it Easier for Vendors to Sustain their Passed-In Lots

Commencing with APG’s 2021 Sales, vendors of passed-in lots that elect to sustain for APG’s Race Series will pay
an offering fee of 10% of the reserve price (plus GST), however:

• The commission charges will be capped at a maximum of $3,300; and
• APG will waive the sales day sustaining fee of $700 for all vendors that elect to sustain a passed in lot,

regardless of the reserve price.

Example: If the vendor of a horse that was passed in with a reserve of $40,000 wished to sustain the horse, that
vendor would need to pay $3,300 commission. APG would waive the sales day sustaining fee of $700. This
represents an overall saving to the vendor of $1,800 compared to the commission structure that previously
applied.

APTS Fees and Charges

APTS fees and charges remain largely unchanged from prior years. The main changes are:

• APTS entries will be included in APG’s Loyalty Rewards Program (refer above); and
• Late fees will apply to nominations received after the due date ($275 to 30 June / $385 to 17 July /

$550 post 17 July)

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Summary of Fees & Charges

Charge Description APG Sales APTS Only
Cataloguing Fee (entries submitted by 30 June) $495 $275
Cataloguing Fee (entries submitted 1 July to 17 July) $660 $385
Cataloguing Fee (entries submitted post 17 July) $990 $550
Administration Fee (for entries not submitted online) $55 $55
Stabling Fees
Commission on Genuine Sales $38.50 per day $38.50 per day
10% + GST 9% + GST
Commission on Passed In Lots
- vendor wishes to sustain 10% of Reserve + GST 9% of Reserve + GST
(Capped at $3,300) (Capped at $2,750)
Commission on Passed In Lots +$770 Sustaining Fee
- vendor does not wish to sustain APG waives sustaining fee
$220
5% of Reserve + GST

Perth Charges

In addition to the above charges, Perth Sale vendors will also be required to pay a compulsory vendor sustaining
fee of $302.50 ($275 + GST) for all horses that enter the sales ring.

This fee is collected by APG on behalf of RWWA and goes directly to the funding of the APG Perth Sales Classics.

Online Entry

APG is continuing its push to have vendors nominate for the sales using our online entry system.

In particular, the Online Entry System:

• Eliminates risks associated with entries being lost in the post;

• Significantly reduces the administrative burden on APG associated with re-entering paper-based entries
into our auction software;

• Eliminates typos and/or description errors because the entry system is linked to a foal extract from the
national “Harvey” database and automatically populates entry forms with the relevant breeding, colour,
sex and freeze brand information based on the broodmare details entered by the vendor; and

• Provides vendors with immediate e-mail confirmation of all of their sales entries for their records.

Once vendors have set themselves up within the Online Entry system, they will find that future entries are
incredibly quick and easy, as the system allows them to save their vendor information, address details and
banking details. In addition, all entry fees paid via credit card using the Entry System’s secure online credit card
payment facility will not incur any credit card processing fees.

Until such time as APG adopts a 100% online entry process, vendors will still remain able to enter using paper-
based forms, however, a $55 administration fee will apply to each horse that is not entered online.

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APG SIGNS MAJOR PARTNERSHIPS

APG is excited to announce that it has signed three major partnerships that further cement APG’s position as
Australia’s leading sales company with unrivalled industry support.

Exclusive Agreement with Victorian Harness Racing Club

APG is enormously excited to have signed a ground breaking agreement with the Victorian Harness Racing Club
which will see APG and VHRC work in partnership to market the APG & APTS Yearling Sales and promote APG &
APTS horses to the VHRC’s rapidly growing membership base.
In addition to the outstanding marketing opportunities that will accrue under the partnership, APG will also
assist to promote ownership amongst VHRC members through its sponsorship of the $910,000 VHRC-APG-APTS
Bonus Race program.
Under the initiative, APG will provide the winners of all VHRC-APG-APTS Bonus Races with a $1,500 Voucher that
is exclusively redeemable at the APG & APTS Yearling Sales, with the majority of bonus races being scheduled
prior to the 2021 APG Sales.
These vouchers will create an army of potential buyers, armed with $1,500 vouchers that are exclusively
redeemable at the 2021 APG Yearling Sales.

Exclusive Agreement with NSW Owners Association

Similar to our agreement with VHRC, APG is also excited to have signed a very similar agreement with the NSW
Owners Association.
Similar to APG’s agreement with VHRC, APG’s partnership with the NSW Owners Association will provide added
marketing and promotional opportunities for APG and will place valuable vouchers in the hands of participants
which are exclusively redeemable at the APG & APTS Yearling Sales.

Massive New Marketing Agreement with Harness Racing Victoria

Victorian vendors should be further buoyed by APG’s ground-breaking new marketing agreement with Harness
Racing Victoria which provides APG with an unparalleled level of marketing opportunities across all media
platforms.
In addition to the enormous digital marketing opportunities offered under the agreement, APG will also have
significant exposure through SENtrack radio, as well as a significantly enhanced on-course presence at Tabcorp
Park, Melton, which will include increased track signage, racebook advertisements and other promotional
signage.

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APG RACE SERIES FOR 2021 YEARLINGS

APG is proud of its ability to offer vendors and buyers exclusive access to Australasia’s richest 2yo & 3yo Series.

One of the biggest differentiators between APG’s offering and that of any potential new competitor is that APG
has an established, confirmed race series that operates in the April/May timeslot.

APG’s current “State Based” race series is the result of extensive participant feedback and modelling that was
undertaken in 2019. Based on that feedback, APG developed two options for participants to vote on, eventually
implementing our new “State Based” model that was voted the preferred choice by 75% of participants.

The new model saw prizemoney for APG’s core series jump from $1.9million to $2.5million (including bonuses)
and allowed horses to compete in 2yo, 3yo and 4yo APG Series entirely within their home states of NSW,
Queensland, Victoria and Western Australia.

APG would like to retain an identical race series format for our 2021 Sales Graduates and beyond.

However, the reality is that the potential impact of COVID-19 on sales averages, combined with the potential
impact that a new sales organisation may have on sales and sustaining numbers means that we have been forced
to revisit both the format and the prizemoney.

Nonetheless, we are extremely confident that APG’s 2021 Series 32 Race Series, which is locked in and fully
approved by the relevant governing bodies will offer more prizemoney and represent better value than anything
else that may or may not become available to vendors in 2021.

It is only APG’s not-for-profit status that allows us to offer such a rich race series, with our combined APG & APTS
Race Series and State-Based Sales Races estimated to be worth in excess of $2.2million for 2021 sales graduates.

Any offering by a profit-driven competitor is always going to be an inferior offering.

APG’s lucrative race series is a major attraction for APG’s loyal buyers and adds to the value of our yearlings.

Key Features of APG’s 2021 (Series 32) Race Series:

• Sustaining payments remain at $2,750 (Series Fee) or owners can opt to go down the 4-step payment
route ($700 - $700 - $7000 - $1,250).

• APG State Based Race Series shall feature:

o Unlimited base-stakes heats in each jurisdiction;

o Brisbane & WA to each host $50,000 2yo Finals & $50,000 3yo Finals (separate divisions for each
sex).

o NSW & Victoria shall each host $150,000 2yo Finals and $100,000 3yo Finals (separate divisions
for each sex).

o The same eligibility rules will apply as per Series 31 – i.e. owners will be eligible to contest the
APG Series in either the state where the horse is purchased, or the state where the horse is
trained as evidenced by a stable return lodged at least 28 days prior to the APG heats (thereby
still enabling buyers to travel interstate to purchase horses and bring them home to train and
then contest the APG Series in their home state).

• In addition to the core APG & APTS Race Series (offering over $1.7 million in value), APG will continue to
offer its WA Sales Classics and Group One Brisbane Sales Race, bringing APG’s total race series package
north of $2.2million.

• APTS Race Series sees Melton host $50,000 Gr.1 3yo Finals (separate divisions for each sex).

• Full T&Cs are available at http://www.apgold.com.au/race-series/race-series-conditions/

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IMPORTANT VENDOR OBLIGATIONS

APG seeks to maximise returns for vendors by ensuring that the APG sales are conducted in a professional
manner, and in an environment that allows buyers to bid with confidence.
To this end, APG offers buyers a number of forms of protection, including:

• Protective clauses relating to surgeries (Condition 9.7(b));

• Protective clauses relating to radiographs identifying bone or joint abnormalities (Condition 9.7(c)).

• Protective clauses relating to windsuckers, wobblers and horses with impaired vision (Condition 20);

• Post sale laryngoscopic evaluation (Condition 22);

• Steroid testing (Condition 23);

These clauses are designed to protect the purchaser against faults that are either difficult or impossible to
confirm by visual inspection alone (e.g. roarers), however, they are not intended to protect buyers from
potential faults or defects that should have been clearly visible to the naked eye (e.g. conformation issues).
Vendors must read and familiarise themselves with APG’s Terms & Conditions, particularly the Conditions
outlined above.

Additional Vendor Obligations with regard to Swollen Joints

Each year, APG becomes aware post sale that a small number of yearlings were presented in the sales ring with
unidentified joint swelling. When questioned about the swelling, vendors and/or preparers typically provide one
of the following responses:

a) They were unaware of any swelling;

b) They were aware of the swelling, but had done nothing to investigate it;
c) They had consulted their veterinarian who had suggested that it was “probably just a knock or a sprain”;

d) They had consulted their veterinarian who had x-rayed the horse and confirmed that there were no
bone or joint abnormalities (or if there were OCD or other joint issues, these were fully disclosed)

Often, where vendors have claimed to be unaware of the swelling, or have been aware of the swelling but have
either done nothing to investigate it, or casually asked their veterinarian for advice without x-raying the joint,
the horse has subsequently been proven to have a significant joint issue requiring surgical intervention.

This leaves the buyer feeling aggrieved. Whilst APG’s strict terms & conditions place the responsibility on the
buyer to conduct their own inspection of any horse on which they intend to bid, and in the event that they
identify any concerns (e.g. swollen joints) conduct whatever further investigations they believe necessary, the
reality is that many purchasers subsequently advise that they relied upon vendors or preparers assuring them
that the swelling was “just a knock” or “it’s only come up in the last week and the horse hasn’t been lame”.

APG would like to remind vendors that maintaining buyer confidence at the sales requires vendors to exhibit the
highest levels of integrity. Condition 2.2(j) grants APG the right to withdraw any horse from the sale without
requiring APG to provide a reason for the withdrawal.

APG wishes to make buyers aware that where we become aware of any horse being presented at the sales with
swelling in a joint, APG intends to exercise its right in Condition 2.2(j) to withdraw the horse from the sale,
unless the vendor or preparer holds X-rays and a veterinary report showing that the swelling has been
radiographed and no bone or joint abnormalities have been identified.

-12-

2021 SALE
ENTRY FORMS

IMPORTANT INFORMATION RE ONLINE ENTRIES

APG is heading towards a 100% online entry process for a number of reasons, including accuracy, ease of
administration, and risk management reasons.

Whilst APG will still accept paper based entries for the 2021 sales, APG will levy an administration fee of $55 per
horse on such entries. This administrative fee is being levied to reflect the additional workload that these entries
place on APG’s staff, and also to encourage vendors to switch to the online system to avoid the fee.

Benefits of Online Entry & Payment

• Get instant e-mail confirmation that your entry has been received (no risk of entry being lost in post);

• Online entry system matches yearlings against information in the national database, making it easy for
vendors to identify any registration issues / mistakes (e.g. sire, sex, colour, D.O.B. and freeze brand);

• Secure, online credit card payment facility (APG will waive any credit card processing fees for vendors
that submit and pay for their entries online);

• Direct Deposit option available, to enable vendors to make a bank transfer direct to APG’s account;

• Avoid the $55 per horse administration fee applicable to entries not submitted via the Online System.

Important Information That You Will Require Prior to Entering Your Horses Online

To enter online, simply go to www.apgold.com.au, and then click on the “Online Entry” link. Please note, that
before attempting to enter your horses online, it is essential that you have the following information available:

• Dam’s name (system will use this information to automatically identify the foal’s sire, sex, colour, D.O.B.
and freeze brand as per the national registration database);

• Any futurity eligibilities for the horse (e.g. Breeders Crown, Bathurst, Vicbred, etc.)

• The names, addresses, mobile numbers and e-mails for all owners (please note that once you’ve entered
these details once, they will be saved for future horses and/or years)

• The ownership percentage for each vendor, as well as their GST status and ABN number (if applicable);

• The bank account details of each person that will be receiving sales proceeds, and the percentage of
sales proceeds to be paid to each vendor.

Important Note

It is only necessary to split the ownership of a horse between the various owners if sales proceeds are to be paid
to each owner based on their percentage share, or if some owners are GST registered and some are not.

For example, if John & Jane Smith (a husband and wife) own a horse in partnership, and both share the same GST
status, and they do not need individual statements for tax purposes, then it would be fine to enter the horse as
being 100% owned by “John & Jane Smith”.

However, if John was GST registered, while his wife was not, then it would be necessary to enter the horse as
being 50% owned by “John Smith” and 50% owned by “Jane Smith”. You would need to complete bank details
for each individual owner (it may be that you enter the same bank details for each owner, meaning that APG will
make two payments into the same bank account – one for each owner). Post sale, APG will issue individual
statements to each owner, and will ensure that GST is accounted for correctly between the various owners.

-14-

TERMS & CONDITIONS OF SALE – SERIES 32
All bids and offers to purchase shall be treated i) These conditions of sale; 6. COMMISSION – APTS
as offers made upon the following Conditions of ii) Any statements in the sale catalogue; 6.1 The commission payable by the Vendor to the
Sale and all persons attending the Sale or or Auctioneer in respect of the sale price of each
bidding at the Sale be deemed to have notice of iii) Any other written or oral statement, yearling sold will be 9% plus GST, whether by
such Conditions of Sale. particular or other representation auction or privately within 14 days after the
All bids and offers to purchase shall be treated previously published or made Sale is held or advertised to be held (subject
as offers made upon the following Conditions of (j) The auctioneer shall have the right and to a minimum Commission payment of $396).
Sale and all persons attending the Sale or absolute discretion to: 6.2 With respect to passed in lots:
bidding at the Sale be deemed to have notice of i) determine who is the Purchaser; (a) If the Vendor elects to sustain the lot to
such Conditions of Sale. ii) settle any dispute in such manner as keep it eligible for the APTS Race Series, an
1. CONDITIONS OF ENTRY the auctioneer thinks fit; offering fee of 9% of the reserve price (plus
1.1 No horse will be accepted for entry in the iii) withdraw any Lot before or during GST) will be payable on the lot (subject to a
sales or race series unless such horse has been the Sale without being required to minimum Commission payment of $440
foaled in Australia and has the Freeze Brand of provide a reason for the withdrawal; and a maximum payment of $2,750). In
the Australian State of registration. iv) advance the bidding as the addition, the vendor will also be liable for
2. CONDUCT OF SALE auctioneer thinks fit; payment of either the sales day sustaining
2.1 APG may appoint a person or persons as v) exclude any person from the Sale payment or the series payment (refer
auctioneers to carry on sales under these venue; or clause 3.2 of the APTS Terms & Conditions
terms and conditions and that person or vi) refuse to acknowledge any bid of Race Series).
persons must carry out the functions set out without giving any reason therefore, (b) If the Vendor does not elect to sustain the
in these terms and conditions and holds the and the Auctioneer's decision shall be lot to keep it eligible for the APTS Race
authority which is contained in this document. final and binding upon all persons; Series, an offering fee of $220 (including
2.2 All auctions shall be conducted as Reserved vii) bid as an Agent on behalf of a GST) will be payable.
Sales and will be subject to the following principal. 7. LOYALTY REWARDS PROGRAM
conditions: (k) All sales are made at the final bid 7.1 Commencing 1 May 2020, APG has
(a) Subject to any reserve price, the highest accepted by the Auctioneer in Australian implemented a Loyalty Rewards Program to
bidder shall be the purchaser; currency dollars. (Any other bids reward its loyal vendors that sell their
(b) Reserve cards are mandatory. The Vendor displayed on the indicator board are yearlings at the APG or APTS Sales.
must advise the Auctioneer in writing of displayed as a guide only). 7.2 All Australian breeders automatically qualify
the reserve price for each Lot before the 3. NOMINATION / CATALOGUING FEE (*Refer to for entry into the Loyalty Rewards Program
Lot is offered for Sale. Where no reserve Section 7 For Loyalty Rewards Program and are deemed to be current members of
card is provided the Vendor or his Discounts) the program as at 1 May 2020.
representative must attend the 3.1 The nomination / cataloguing fee for all sales 7.3 Any new breeders/vendors (that have
Auctioneer’s rostrum to advise the other than the APTS is $495* per entry previously never bred/sold a horse) are
Auctioneer and will be required to sign a received by 30 June 2020. Entries received automatically deemed to be members of the
reserve card before leaving the rostrum if between 30 June and 17 July 2020 will be program when they breed/sell their first
the Lot is passed in. In the absence of a charged $660 and those received after 17 July horse.
reserve card, a Vendor or a Vendor’s will be charged $990. 7.4 Any breeder/vendor who nominates FIVE
representative in the Auctioneer’s 3.2 The nomination / cataloguing fee for the APTS yearlings by the official closing date for
rostrum at the time that the Lot is offered is $275 per entry received by 30 June 2020. nominations will accumulate a FREE
for Sale, then the Lot shall be sold to the Entries received between 30 June and 17 July cataloguing fee for their SIXTH nomination.
highest bidder and the Vendor shall pay 2020 will be charged $385 and those received The FREE nomination can be used for the
the full commission and any other after 17 July will be charged $550. current year or a subsequent APG sale.
amounts payable. 3.3 An additional administration fee of $55 per Vendors do not need to offer five yearlings in
(c) The vendor shall have the right to bid entry applies to any entries that are not the one year, but may accumulate them over
personally or through an agent during the submitted via APG’s Online Entry System a number of years if necessary.
sale of each respective lot. However, the which can be accessed via the APG website at 8. OUTSIDE SALES
vendor shall not enter a bid either www.apgold.com.au 8.1 A lot entered for sale at the auction may be
personally, or through an agent/associate, 3.4 Entries close on 30 June 2020. Late entries sold outside the auction only in accordance
at a price equal to or above the vendor’s may be accepted at the discretion of APG, with the following provisions:
nominated reserve (unless the vendor is however, late entries will not benefit from any (a) No lot shall be sold privately prior to
only a part-owner of the horse and is Loyalty Rewards Program Discounts (Refer 7.1 auction without the prior written consent
bidding with the sole intention of buying to 7.4). of APG. Any lots sold prior to auction are
out the other owner(s)). 4. UPSET PRICE: $4,000 (This is the minimum ineligible to sustain for APG’s Race Series;
(d) Subject to any statutory requirements, opening bid that will be accepted by the (b) In the event of any prior sale, APG shall be
the auctioneer shall have the right to bid Auctioneers) entitled to a commission as if the lot were
as agent of the vendor on any lot on 5. COMMISSION – APG SALES sold under the hammer, and the vendor
which a reserve price has been placed up 5.1 The commission payable by the Vendor to the shall provide APG with full details of any
to that reserve price; Auctioneer in respect of the sale price of each such sale;
(e) The auctioneer may determine an upset yearling sold will be 10% plus GST, whether by (c) Any lot passed in at auction shall, unless
price for each lot, and if no bid at or auction or privately within 14 days after the APG waives this condition, remain on sale
above the upset price is received within Sale is held or advertised to be held (subject at the reserve price for a period of 14
30 seconds of the lot entering the sales to a minimum Commission payment of $440). days. APG shall be entitled to commission
ring, the auctioneer may pass in the lot; 5.2 With respect to passed in lots: on any sales as though the lot was sold
(f) The option of the last bidder to buy a (a) If the Vendor elects to sustain the lot to under the hammer.
passed in lot at the reserve price must be keep it eligible for APG’s Race Series, an (d) Any person wishing to make an offer on a
exercised within 60 seconds of the horse offering fee of 10% of the reserve price passed in lot should contact APG, who will
having been passed in by proceeding (plus GST) will be payable on the lot, then make the offer to the vendor.
directly to the back of the auction box capped at a maximum of $3,300. In (e) A vendor shall not refuse an offer that
and notifying the auctioneer’s assistant; addition, APG will waive the sales day meets the vendor’s official reserve (as
(g) If a bid is disputed, or there is any other sustaining fee of $700 for all vendors that notified to APG in writing on sales day)
problem in relation to the Sale, the elect to sustain a passed in lot, regardless except in the instance where the offeror is
auctioneer will be the sole arbiter of the of the reserve price. refused credit by APG and a suitable
dispute, and may settle the dispute or payment arrangement cannot be reached
problem on whatever terms the Example: If the vendor of a horse that with the vendor.
auctioneer sees fit. The auctioneer’s was passed in with a reserve of $40,000 (f) In the event that a Vendor receives an
decision shall be final and binding on all wished to sustain the horse, that vendor offer directly from a potential purchaser
parties. would need to pay $3,300 commission. (i.e. the potential purchaser makes the
(h) A bid is not valid unless it is APG would waive the sales day sustaining offer directly to the vendor, instead of
acknowledged by a bid spotter or the fee of $700. This represents an overall submitting the offer to APG), the vendor
auctioneer. It is the responsibility of the saving to the vendor of $1,800 compared shall immediately inform APG of their
bidder to ensure any bid is so to the commission structure that willingness to accept any such offer. The
acknowledged and the failure by a bid previously applied. sale may only be finalised once the
spotter or the auctioneer to acknowledge purchaser has been approved by APG.
a bid does not, under any circumstances, (b) If the Vendor elects not to sustain the lot (g) If an offer is accepted, the purchaser shall
constitute a dispute arising in respect of a to keep it eligible for APG’s Race Series, an also have the option of sustaining the lot
sale. offering fee of 5% of the reserve price for the APG Race Series, provided that the
(i) Any auctioneer's announcements on the (plus GST) will be payable on the lot purchaser immediately notifies APG of
day of the sale which are announcements (subject to minimum Commission their intention to sustain, and provided
from the auctioneer's stand will take payment of $220). that the sale takes place within 14 days of
precedence over: the auction date when the lot was

originally passed in. Vendor, as in the preceding condition, the Auctioneer or Vendor may refuse
9. VENDOR'S WARRANTIES AND OBLIGATIONS Vendor shall be responsible for and shall pay examination.
9.1 The Vendor shall be responsible for the all proper expenses incurred by the Selling 11.2 Subject to Condition 19, the Purchaser
accuracy of any statement, description or Agent and the buyer for the care, feeding and assumes all consequences and risk arising
particular relating to the horse contained in transport of the horse from the fall of the from failure to carry out an inspection or to
the Sale Catalogue and shall notify the Selling hammer until its return to the Vendor. seek an examination of a Lot.
Agent or Auctioneer of any error, omission or 9.11 If the vendor agrees to extend any credit 11.3 The Directors of APG have the right to refuse
inaccuracy prior to the Sale of the particular terms to the purchaser, then APG shall be entry to any yearling deemed to be
Lot. under no obligation to the vendor as to inadequately prepared for sale
9.2 The vendor warrants that the vendor has the collection and payment of the purchase price. 11.4 The Directors of APG have the right to refuse
right to sell the Lot and can give good title to In any such case the vendor shall remain fully entry to the Sale Ring any person parading a
the Lot and in the case where there is more responsible for the due payment to APG of yearling who is deemed to be unprofessionally
than one owner of the Lot, has the authority the commission and all other moneys owing or inadequately attired. In such circumstance
of every owner to sell the Lot; to APG in connection with the auction and APG will provide a person to parade the
9.3 The Vendor shall, before the Sale, provide sale of the lot, whether or not the vendor is yearling and pass the cost on to the Vendor.
each horse with a proper and secure headstall paid by the purchaser. 12. PURCHASE AND PAYMENT
which shall remain the property of the 9.12 Any arrangements under clause 9.9 must be in 12.1 On the fall of the hammer the Purchaser shall
Vendor. No horse shall be permitted to enter writing and executed by the vendor, purchaser give his Bidder Registration Number, name
the Sale Ring unless equipped with such and APG. and address and the name and address of the
headstall and a rearing bit. 9.13 Transfer Forms for each horse must be principal for whom he bids (if applicable) to
9.4 Upon delivery of the horse to the buyer the furnished to the Selling Agent by the Vendor the Auctioneer and shall immediately
Selling Agent shall, at the cost of the Vendor, fully executed for transfer before the complete, sign and hand to the Auctioneer an
provide the horse with a suitable headstall commencement of each individual sale. The acknowledgement of his purchase in such
which shall remain the property of the buyer. Selling Agent may withhold from the Vendor form as shall be required by the Auctioneer
9.5 The Vendor guarantees that any horse offered settlement of the proceeds of Sale until the and provide to the Auctioneer any such other
for sale: Transfer Form has been so delivered to the information in respect of the purchase as the
(a) will not be in foal unless so stated in the Selling Agent. Auctioneer may reasonably require.
Sale Catalogue or by the Auctioneer prior 9.14 The Vendor shall closely clip the area of the 12.2 The Purchaser shall sign on the fall of the
to the Auction of that particular lot; horse's freeze brand to enable the horse's hammer their intent to sustain the horse in
(b) is correctly sexed; and brand to be easily read by the Inspecting the APG Race Series.
(c) the horse's identity is genuine. Official or any other person. 12.3 If the Purchaser fails to comply with the
9.6 Each horse shall be at the Vendor's risk as to 10. RISK AND EXPENSE requirements of Condition 12.1, then the
damage or injury whether by disease, 10.1 Upon the fall of the hammer each Lot shall be Auctioneer may elect to declare the Purchaser
accident or otherwise from the time of at the risk and expense in all respects of the in default and cancel the Sale and re-sell the
delivery to the Selling Agent until the horse Purchaser and the Purchaser shall indemnify Lot. If, on resale of the Lot, a lower price is
has been sold when the risk shall pass to the the Auctioneer in respect of and pay to the obtained, the difference in price plus any
buyer. Auctioneer on demand all losses, damages, expenses of the resale shall be a debt owing
9.7 The Vendor warrants that: costs and expenses incurred or suffered by the by the Purchaser to the Vendor payable on
(a) The horse is not broken to gait (pacer) and Auctioneer in respect of the Lot while the Lot demand, with interest to be applied at the
is generally only educated to be handled; is at the Purchaser's risk and expense. In rate of 15% per annum calculated daily in
(b) Full, complete and accurate disclosure has particular, the Purchaser will be liable for arrears from the date of resale until payment.
been made by the Vendor to the livery, agistment and transport charges of Lots 12.4 Subject to Condition 14, the full purchase
Auctioneer as to whether the horse has not removed on the day of the Sale and they price shall be due and payable to the
undergone: may be moved to alternate stables or Auctioneer in Australian currency within one
i) invasive joint surgery (as defined as if agistment at the Auctioneer's discretion. hour of purchase or within such other period
there has been an arthroscope used Payment of Lots shall not be regarded as of time as the Auctioneer in its absolute
to assess or treat a joint or a surgical made until such charges have been paid. discretion may agree, time being of the
manipulation of the joint has been 10.2 Prior to the fall of the hammer each Lot shall essence, notwithstanding that delivery may
performed including insertion of a be at the risk and expense in all respects of not have been made.
needle to inject beneath the cartilage the Vendor, and the Vendor shall indemnify 12.5 The Auctioneer may in its absolute discretion
into a cyst); the Auctioneer in respect of and pay to the reject payment otherwise than in cash.
ii) surgery to repair a fracture; Auctioneer on demand all losses, damages, 12.6 If the purchase price or any part is not paid in
iii) abdominal surgery of any type (with costs and expenses incurred or suffered by the accordance with condition 12.3, the purchaser
the exception of the surgical repair of Auctioneer in respect of the Lot while the Lot is liable to pay interest on the outstanding
a non-strangulating umbilical hernia) is at the Vendor's risk and expense. balance at the rate of 15% per annum
iv) surgical intervention of the upper 10.3 Notwithstanding any other provisions hereof, calculated daily in arrears from the date of
respiratory tract; the Auctioneer shall not be liable for any sale up to and including the date of payment.
v) any other surgical procedure that damage, loss or injury occurring to any Lot or 12.7 The Purchaser shall pay to the Auctioneer on
may, in the opinion of a sophisticated to any person or property caused by any Lot, demand all collection costs and expenses
purchaser, acting reasonably, affect whether caused by disease, accident, the (including legal costs) incurred in recovering
the suitability of racing of the Lot negligence of the Auctioneer or otherwise and any payment from the Purchaser.
Any requisite disclosures must be made whether the Lot shall be in the custody, 12.8 Where a Purchaser purchases two or more
by the Vendor to the Auctioneer within 72 control or possession of the Auctioneer or lots at the sale, the Auctioneer may, in the
hours of the disclosable surgical otherwise. absence of written directions from the
procedure taking place. 10.4 The Auctioneer may upon receipt of written purchaser directing that any monies received
(c) Full, complete and accurate disclosure has instruction to do so, or where the Auctioneer for purchases at the sale be directed to a
been made by the Vendor to the in its absolute discretion considers it desirable specific lot, allocate such payment as it sees fit
Auctioneer as to whether the horse has to do so, make arrangements on the and may allocate these monies in relation to
undergone any radiographic procedures Purchaser's or Vendor's behalf of the stabling, the purchase price of any such lot or lots, in
that have identified the presence of feeding, transportation or general attendance the Auctioneer's absolute discretion.
Osteochondritis Dissecans; to Lots while at the Sale's venue, provided 13. DEFAULT BY PURCHASER
(d) the horse is not suffering from founder; that the Auctioneer accepts no responsibility 13.1 In the event that the Purchaser breaches any
and for any act or omission whether negligent or of these conditions and fails to remedy such
(e) the horse has never been de-nerved. otherwise in respect of the stabling, feeding, breach within reasonable time after receiving
9.8 The vendor shall, at the Auctioneer’s request, transportation or general attendance of the written notice from the Vendor or Auctioneer
provide the Auctioneer with full details of all Lot. requiring such breach to be remedied, or all
licensed veterinarians whose services the 10.5 Any Lot not sold, or in respect of which any monies payable by the Purchaser to the
Vendor has engaged during the previous 24 Sale is subsequently terminated, shall remain Auctioneer pursuant to these Conditions shall
months and irrevocably authorises those at or revert to the risk and expense in all not have been paid and liquidated by the due
veterinarians to provide full disclosure to APG respects of the Vendor who shall arrange for date for payment thereof, or where the
of any procedures that those veterinarians the removal of the Lot immediately following Auctioneer has, in its discretion, agreed to an
may have performed on any Lot that would the Sale. extension of the date for payment (in which
fall within the scope of Condition 9.7. 11. INSPECTION AND EXAMINATION event time shall be of the essence in respect
9.9 In the event of a breach by the vendor of any 11.1 All Lots may be inspected at reasonable times of such extended date) and the same shall not
of the warranties in condition 9.7, the prior to Sale. Prior to Sale, a prospective have been paid and liquidated by such
purchaser may elect to cancel the sale by Purchaser may arrange for a veterinary extended date, the Auctioneer or the Vendor
notice in writing to the Auctioneer within 28 examination of a Lot with the Vendor. Such may at any time without prejudice to any
days of the date of the sale and will be examination shall be carried out in the privacy other rights or remedies which the Auctioneer
entitled to the return in full of the purchase of a stable and may not be carried out in the or Vendor may have at law or in equity and
price if paid and acknowledges that it shall Sale Ring or within the public view. The cost of without notice to the Purchaser:-
have no other claims against the Auctioneer this examination shall be paid by the (a) terminate the Sale of the Lot; and/or
or vendor. prospective Purchaser, solely to whom the (b) immediately retake possession of the Lot
9.10 In the case of a return of the horse to the veterinarian should make his report. The and for that purpose the Purchaser

hereby irrevocably grants to the 15. DELIVERY Sale in respect of all Lots purchased by the
Auctioneer and/or Vendor full leave and 15.1 The Auctioneer need not deliver any Lot to Purchaser shall have been received by the
licence to enter into or upon any premises the Purchaser until: Auctioneer and all bills of exchange tendered
controlled by the Purchaser upon which (a) the Auctioneer shall have received from in payment of such monies have been
the Lot may be or may reasonably be the Purchaser full payment of all monies honoured.
believed to be situated and to use any payable by the Purchaser to the 17.2 Where delivery of any Lot is made to the
reasonable force as may be necessary for Auctioneer pursuant to these Conditions Purchaser prior to title in the Lot passing to
the purpose of repossessing the Lot, or as (including the purchase price for the Lot, the Purchaser pursuant to these Conditions of
agent of the Purchaser to enter upon any unless the Auctioneer is satisfied that a Sale, the Purchaser shall hold the Lot as bail
other premises upon which the Vendor prior credit or terms agreement in writing only and shall not deal with the Lot in any
may enter for the purpose or repossessing has been made with the Auctioneer or manner inconsistent with the reasonable
the Lot, without notice to the Purchaser Vendor)or any other agreement, oral or directions which may be given from time to
and without liability to the Purchaser or written, entered into between the time by the Vendor and/or the Auctioneer.
any person claiming under the Purchaser; Auctioneer or Vendor and the Purchaser, 17.3 Until title of the horse has passed to the
and/or and until all bills or exchange tendered in Purchaser, the Purchaser shall not exercise or
(c) resell the Lot by auction or private Sale at payment have been honoured; purport to exercise any rights of ownership or
the risk and expense of the Purchaser and (b) the Purchaser shall have completed possession including, without limitation,
if upon such resale a lower price is signed and delivered to the Auctioneer a registering or racing the horse.
obtained than that for which the delivery slip in the form required by the 17.4 Purchasers are reminded of their obligations
Purchaser had agreed to buy the Lot, the Auctioneer; under Australian Harness Racing Rule 111
Auctioneer or Vendor may recover the (c) the Purchaser shall have complied to the requiring them to lodge transfer forms with
difference from the Purchaser as a debt satisfaction of the Auctioneer, with all his the relevant Racing Authority or Governing
due on demand together with interest other obligations in respect of insurance Body within 7 days of receiving such transfer
from the date of Sale to the date of of the Lot pursuant to Condition 14; forms from APG.
payment; and/or (d) where the Purchaser requires the Lot to 18. RIGHTS AND LIABILITIES OF AUCTIONEER
(d) exercise such other rights and remedies as be delivered to his agent, the Auctioneer 18.1 The Auctioneer is selling any Lot at the Sale as
the Vendor or Auctioneer may have has received a written direction from the agent for the Vendor whose name and
against the Purchaser in respect of the Purchaser directing the Auctioneer to address is disclosed in the Sales catalogue in
Purchaser’s default including, without deliver the Lot to such Agent providing respect of the Lot. Further, particulars of the
limitation, recovering from the Purchaser that nothing in this Condition shall oblige Vendor of any Lot shall be furnished by the
all costs and expenses incurred in the Auctioneer to obtain such written Auctioneer immediately upon request. Except,
repossessing or attempting to repossess authority from an Agent prior to as otherwise expressly provided to the
the Lot together with interest thereon and delivering any Lot to such Agent; and contrary, the Auctioneer has no liability or
recovering from the Purchaser any 15.2 The Purchaser shall remove his Lot from the rights as principal in the capacity of a Vendor.
expense of Sale, re-Sale, livery, agistment Sale venue within twenty-four (24) hours of 18.2 In the event of any dispute including without
and Auctioneer commission so incurred; the Purchaser receiving delivery of the Lot. limitation, as to defects in title,
and/or The Purchaser shall ensure that the misdescription, pedigree, condition or
(e) retain any deposit or part payment to the Auctioneer has checked and confirmed the otherwise, the Purchaser and the Vendor shall
extent of twenty-five percent (25%) of the identity of the Lot prior to its removal. settle the matter between themselves and the
purchase price for the benefit of the 16. INSURANCE Purchaser shall have no rights against nor
Vendor. 16.1 Where the Auctioneer agrees to deliver any return any Lot to the Auctioneer which acts in
13.2 Alternatively, the vendor, or if APG has already Lot to the Purchaser prior to the Auctioneer respect of the Sale merely as agent for the
accounted to the vendor for the purchase receiving from the Purchaser the full purchase disclosed Vendor.
price then APG, may elect to affirm the sale price for the Lot, or on the basis of any credit 18.3 Notwithstanding any representation or action
and sue the initial purchaser for the purchase or terms agreement made between the by the Auctioneer which may indicate the
price and interest and other moneys payable Auctioneer and the Purchaser or the Vendor contrary, the Auctioneer shall be under no
by the initial purchaser under the conditions and the Purchaser whether before or after the liability to the Vendor in respect of the
of sale, or such part or parts of such moneys Sale, the Purchaser shall effect and maintain Purchaser's failure to complete his purchase in
as may be outstanding at any time. until such time as the Auctioneer shall have accordance with these Conditions of Sale.
13.3 The Purchaser authorises APG to disclose received all monies payable in respect of the 18.4 If the Auctioneer accounts to the Vendor for
information relating to the Purchaser’s Lot or repayable by the Purchaser pursuant to the purchase price or the balance of the
creditworthiness or default in payment to a any credit agreement entered into in respect purchase price owed to the Vendor less any
credit reporting agency if: of the purchase of the Lot, at the Purchaser's monies owed by the Vendor to the
(a) the Purchaser is in arrears in making cost and expense, insurance satisfactory to Auctioneer, before the purchase price and
payments relating to credit provided; the Auctioneer in respect of the damage, other amounts payable by the Purchaser have
(b) sixty (60) days have elapsed since the day injury or death of the Lot from any cause been paid, title to the Lot shall thereupon pass
on which payment was due and payable whatsoever and shall ensure that the policy of to the Auctioneer, and the Auctioneer shall
by the Purchaser; and insurance bears an endorsement as may, in have the right and remedies under these
(c) the Auctioneer has sent written notice to the opinion of the Auctioneer, be necessary to Conditions as if it were the Vendor.
the last known address of the Purchaser transfer to the Auctioneer and/or the Vendor 18.5 The description of all Lots has been provided
advising the Purchaser of the overdue all the Purchaser's interest under such by the Vendors, and the Auctioneer shall not
payment and requesting payment of the insurance absolutely. be liable or responsible for any error
amount outstanding. 16.2 In the event that the Purchaser fails to whatsoever in the description of the Lot.
14. CREDIT ARRANGEMENTS produce evidence to the Auctioneer within 18.6 The rights and remedies of the Auctioneer
14.1 Purchasers who require credit should make one hour of purchase that he has met his under these Conditions shall not be affected
application to APG no later than seven (7) insurance obligations pursuant to Clause 14.1, by reason of the selling commission and
days before the Sale. the Purchaser authorises the Auctioneer to charges of the Auctioneer having been
14.2 Purchasers who enter into credit enter into such a policy of insurance on the deducted by the Auctioneer from any
arrangements with APG will be charged Purchaser’s behalf and the Purchaser shall payment made by the Auctioneer to the
interest at a rate of 15% from the due date of indemnify the Auctioneer in respect of and Vendor. As between the Purchaser and the
payment if they default on said credit pay to the Auctioneer on demand all costs Auctioneer, the Purchaser waives all rights of
arrangement. incurred by the Auctioneer in respect of the set off, if any, the Purchaser may have against
14.3 Purchasers that are granted credit terms policy of insurance. Payment of Lots shall not the Vendors between the Purchaser and the
greater than seven (7) days agree that they be regarded as made until such charges have Vendor.
shall sustain any credit purchases that they been paid. 18.7 The Auctioneer or its servants may sign the
make for the APG or APTS Race Series (by 16.3 Nothing in Clause 16.2 seeks to impose an Sale Book or any Memorandum of Sale on
choosing either the sales day sustaining obligation on the Auctioneer to obtain a policy behalf of either the Vendor or the Purchaser
option or the series sustaining option) and of insurance on the vendor’s behalf. Any or both.
shall continue to keep the horse sustained by decision to obtain such a policy of insurance 18.8 The Auctioneer reserves all rights to use or
agreeing to pay any further APG or APTS will be at the discretion of the Auctioneer, and publish details of biddings, the identity of the
sustaining charges that may fall due until the the Purchaser acknowledges that the Vendor and the Purchaser and all matters
purchaser’s account (including all horses, Auctioneer has no liability whatsoever in the related to the sale of any Lot as it thinks fit.
sustaining fees and other charges) is paid in event that the Auctioneer does not obtain a 18.9 The Selling Agent shall pay to the Vendor the
full. policy of insurance in respect to a particular net proceeds of Sale upon the expiration of
14.4 For any purchaser that defaults on their credit Lot. thirty (30) days following the date of Sale,
arrangements, APG reserves the right to take 17. TITLE OF LOTS provided always that APG does not need to
all or any action for enforcement thereof 17.1 Notwithstanding any express or implied pay the vendor until:-
available to it, including those listed in provisions hereof to the contrary and (a) APG is satisfied that it will receive
Condition 13 as well as seeking to have the notwithstanding that delivery of any Lot may payment of the purchase price from the
purchaser placed on the Unpaid Forfeits list have been or possession obtained, title in a purchaser;
with the appropriate Harness Racing Lot shall not pass to the Purchaser until all (b) delivery of the horse has been taken by
Authority. monies payable by the Purchaser to the the Purchaser;
Auctioneer pursuant to these Conditions of (c) all registration documents have been

completed, signed and delivered to APG; claim against the Auctioneer or Vendor if such procedures, and for complying with any
and Lot is an animal in which one or both testes relevant legislation provisions, in relation to
(d) transfer of ownership has been fully have not descended into the scrotum from those activities.
effected. the abdomen. 24.2 A vendor or purchaser conducting any
18.10Prior to paying the proceeds of sale to the 22. UPPER RESPIRATORY LARYNGOSCOPIC activities on the premises of the Sale Venue
vendor, APG may deduct all of its fees as set EVALUATION does so at his own risk in all respects and must
out on the in these terms & conditions or as 22.1 Notwithstanding any other provision of these indemnify the auctioneer in respect of any
otherwise agreed in writing. Conditions of Sale and notwithstanding any claims for personal injury or damage to
19. CONDITIONS AND WARRANTIES prior custom and usage of the trade, horses property which may be made against the
19.1 Other than for any express conditions, which are sold in this Sale may be subject to a auctioneer arising out of any such activities
warranties or representations included herein, post-Sale upper respiratory laryngoscopic 25. ATTORNEY
or as may be implied by Federal or State evaluation (excluding the trachea) by a 25.1 The Vendor and the Purchaser for the purpose
legislation (including the Trade Practices Act veterinary surgeon approved by the of enabling the Auctioneer to give full force
1974 {Cwth}) and which may be excluded by Auctioneer obtained at the Purchaser’s and effect to these Conditions, each
agreement: expense within twenty-four (24) hours of the irrevocably appoint the Auctioneer his true
(a) all conditions, warranties and fall of the hammer. and lawful attorney, with full power in his
representations in respect of a Lot or a 22.2 If a veterinary surgeon, so approved, is of the name or in the name of the Auctioneer to do
Sale are hereby excluded; opinion that the horse has any of the all such things, to take all such action, to sign
(b) no condition, warranty or representation following conditions: and execute all such documents, and to give
is given or implied or any be inferred from (a) laryngeal neuropathy (Grossly deficient such instructions for the purpose of these
any affirmation made at or before the Sale abductor function of one or both Conditions as may be necessary or in the
or any of the circumstances of the Sale; Arytenoid cartilages – Grades 4 and 5, Auctioneer's opinion desirable, and hereby
and Lane – Bain Fallon Proceedings 1993); agrees to ratify and affirm anything done by
(c) the Purchaser acknowledges that, in (b) rostral displacement of the the Auctioneer as such attorney.
making any purchase, he is relying solely palatopharyngeal arch; 26. INTERPRETATION
on his own enquiries and inspection, and (c) epiglottic entrapment; 26.1 In these Conditions: "Auctioneer" means the
that he has not relied or been induced by (d) persistent dorsal displacement of the soft selling Agent at each Sale and includes
any statement or representation made by palate; Australian Pacing Gold Ltd (APG), its officers
the Vendor or the Auctioneer or by any (e) arytenoid chondritis or chondroma; and agents. "Purchaser" means the person or
person purporting to act on their behalf (f) subepiglottic cyst(s); corporation to whom any Lot is sold as
and, subject to these conditions, the (g) cleft palate; or referred to in Condition 2. "Vendor" means
Purchaser shall take the Lot in its present (h) any airway condition or lesion causing the person or corporation on whose behalf
condition and subject to all defects, faults, significant airway obstruction resulting in any Lot is sold by the Auctioneer and where
imperfections and the like, if any, whether exercise intolerance, more than one, shall mean each severally and
latent or patent. and this/these condition(s) have not been any two or more jointly. "Promoter" means a
20. WINDSUCKERS, WOBBLERS AND IMPAIRED announced prior to the horse being offered third party (if any), identified in the Sale
VISION for Sale, then the Purchaser may cancel the catalogue or other documentation issued in
20.1 For the purpose of this Condition: Sale by notice in writing to the Auctioneer respect of the Sale as the promoter or sponsor
"Windsucker" shall mean a Lot which suffers within twenty-four (24) hours of the fall of the of the Sale or of a closed race series or
from the vice of noisily drawing in and hammer. incentive race series in association with which
swallowing air through its mouth; "Wobbler" 22.3 Any Purchaser who wishes to have a post-Sale the Sale is conducted. "Series Race" means
shall mean a Lot which stands or moves upper respiratory laryngoscopic evaluation, as the closed race series or incentive race series
unsteadily or with uncertain direction; above, is advised that this examination must (if any) identified in the Sale catalogue or
"Impaired Vision" refers to impaired sight in be conducted by the veterinary surgeon, so other documentation issued in respect of the
one or both eyes. approved, prior to the horse being removed Sale. "Lot" or "horse" includes gelding, colt
20.2 Should any Lot be a Windsucker or Wobbler from the Auctioneer's complex. and filly. The expression "colt" includes rig or
or to the knowledge of the Vendor have 22.4 The Auctioneer reserves the right to obtain a cryptorchid, namely male animals in which
shown any symptoms of being so, the Vendor confirmatory opinion by a panel of not more one or both testes have not descended into
shall disclose such fact to the Auctioneer to than three (3) veterinary surgeons appointed the scrotum from the abdomen, however, it is
enable the Auctioneer to disclose such fact to by the Auctioneer at the Purchaser's expense, the responsibility of the Vendor to have the
prospective bidders. Any horse that has before a notice of cancellation of Sale is Auctioneer announce that the "colt" is a rig or
impaired vision will NOT knowingly be offered accepted by the Auctioneer. cryptorchid if that be so.
for Sale. 23. ANABOLIC ANDROGENIC STEROIDS 26.2 Where the Purchaser of any Lot comprises
20.3 In the event that any Lot proves within seven 23.1 All yearlings nominated for the APG sales may more than one person or corporation, these
(7) days after the Sale to be a Windsucker or be subject to drug testing carried out by the Conditions shall bind each such person or
Wobbler or to have been sold with impaired relevant Harness Racing Authorities. Such corporation severally and any two or more of
vision: testing may be carried out from birth through such persons or corporations jointly.
(a) the Purchaser produces to the Auctioneer to sales day. 26.3 Where any Lot is purchased by a person as an
or Vendor prior written certification 23.2 In the event that APG becomes aware that a agent for a principal, whether disclosed or
obtained at the cost of the Purchaser that yearling has tested positive to an anabolic undisclosed, such agent shall, without
the Lot is a Windsucker, Wobbler or has androgenic steroid prior to the APG Sales, the prejudice to the principal's obligations
impaired vision, as the case may be, horse will be withdrawn from the APG Sales. pursuant to these Conditions, be personally
signed by an independent Veterinarian 23.3 In the event that APG becomes aware post bound to purchase the Lot for the price
nominated by the Auctioneer; and sale that a yearling has tested positive to accepted by the Auctioneer upon these
(b) the Auctioneer or Vendor did not disclose anabolic androgenic steroids as a result of a Conditions and the term "Purchaser" shall be
at the Sale that the Lot was or showed test carried out by the relevant Harness construed to mean each of the agent and the
symptoms of being a Windsucker, Racing Authority either prior to the APG Sales principal severally and both the agent and the
Wobbler or having impaired vision, as the or at the APG Sales, the Purchaser may principal jointly.
case may be, terminate his purchase of the Lot by giving the
the Purchaser may terminate his purchase of Auctioneer written notice of termination
the Lot by giving the Auctioneer written notice within seven (7) days of receiving written
of termination within seven (7) days after the notification that the horse has tested positive
date of Sale provided that the Purchaser shall for an anabolic androgenic steroid.
upon termination at his own cost and 23.4 In the event that the Purchaser elects to
expense, return the Lot to the address of the terminate his purchase, the Purchaser shall
Vendor specified in the Sales catalogue. The upon termination at his own cost and
decision of the independent Veterinarian expense, return the Lot to the address of the
nominated by the Auctioneer as to whether Preparer or Vendor (as appropriate).
any Lot is a Windsucker, Wobbler or has 23.5 Where the Purchaser terminates his purchase
impaired vision, shall be final and binding on and returns the Lot to the Vendor pursuant to
all parties. Condition 23.3, he shall be entitled to a refund
20.4 Where the Purchaser terminates his purchase from the Vendor of all purchase monies paid
and returns the Lot to the Vendor pursuant to in respect of the Lot and upon receiving same
Condition 20.3, he shall be entitled to a refund shall have no further claim against the
from the Vendor of all purchase monies paid Auctioneer or Vendor.
in respect of the Lot and upon receiving same 24. OCCUPATIONAL HEALTH AND SAFETY
shall have no further claim against the 24.1 To the extent that a vendor or a purchaser or
Auctioneer or Vendor. their employees or agents may conduct any
21. CRYPTORCHIDS (RIG) activities on the premises of the Sale Venue
21.1 Where any Lot is described in the Sales then that vendor or purchaser shall be
catalogue or by the Auctioneer or Vendor to responsible, to the exclusion of the
be a ‘colt’ the Purchaser shall not be entitled auctioneer, for establishing and observing
to make any objection and shall not have any appropriate occupational health and safety