TERMS, CONDITIONS AND PROCEDURES BINDING UPON VENDORS AND PURCHASERS

1. INTRODUCTION:

1.1 The Auctioneer/Promoter has established a Repository where Vendors may deposit X-rays for inspection by prospective purchaser’s registered veterinarians. The deposit and inspection of X-rays, and access to the Repository are subject to these Repository Conditions and the Standard Conditions of Sale;

1.2 The use of the Repository is voluntary and is also recommended for use by veterinarians familiar with interpretation of equine X-rays. It is designed to assist Purchasers via their registered veterinarians in assessing Lots of interest to them. The Vendor has instructed that access to X-rays will be restricted to State registered Veterinarians (registered within the State that the sale is conducted i.e. Western Australia) unless the Vendor specifically instructs otherwise in writing.

1.3 Immediately upon the fall of the hammer access to X-rays within the repository will be restricted to the Vendor of that Lot sold, unless otherwise instructed by the vendor in writing.

1.4 Words or terms, where not defined in these Repository Conditions, will be deemed to have the meanings attributed to them in the Standard Conditions of Sale.

1.5 In the event that Digital Radiography is supplied, all Repository Conditions remain including minimum of 34 X-rays taken strictly in accordance with the specifications detailed in the minimum requirements list below and marked “A” & “B”. That all images must be submitted in DICOM format to ensure the integrity of the veterinary medical record.

Adelaide & Perth Repositories: Each Lot must have an individual CD/DVD Disk that also contains the DICOM VIEWER program (so that when installed on a computer it will automatically start-up and the vet will be able to commence viewing the Lot’s images on the viewer supplied.

Gold Coast Repository: The Gold Coast has a new Server-Based Repository with 20 PC’s & Hi-Res wide-screen monitors installed for viewing purposes. There is no need to supply own PC’s.

For Vets/Vendors supplying X-Rays in digital format to the Gold Coast Repository, please note that in order for the Magic Millions Repository Program to be able to recognise each Lot Number’s x-rays, it is important to ensure the Dicom images for each Lot are supplied within individual folders. Each Folder needs to be named according to its allocated Lot Number in the sale, e.g. Lot1, Lot2, .... Lot365, Lot368 etc and must include the DICOM Folder containing the minimum 34 DICOM images and the DICOMDIR FILE as shown below:

Inside each LOT Folder the following files should be included (and only these files).

· The DICOM FOLDER is used to contain all digital images for the lot
· The DICOMDIR file is the index that is used to locate the images

N.B. the system will NOT be able to upload images that are not contained within these recognisable folders! – so to avoid immense time delays whereby you will have to create and name folders prior to uploading, it’s advisable to have in order before arrival. Further, in order to facilitate the upload process, please provide the images on a USB style storage device.

To discuss any technical aspect, contact the Software Developers directly (Bill from EID Solutions, bill@eidsolutions.net.au 0433 233 389)

2. REPOSITORY LOCATION:

As detailed in each Sales Catalogue

3. HOURS OF OPERATION OF THE REPOSITORY:

Business Hours or until the end of each day’s Sales Session.

4. X-RAYS TO BE ACCEPTED TO THE REPOSITORY:

4.1 X-rays taken within forty two (42) days prior to selling and delivered to the Auctioneer/Promoter not later than 4.00pm, four (4) days prior to the first day of the Sale for the Lot in question and by reference to the Lot number and the date taken. Minimum of 34 X-rays taken strictly in accordance with the specifications detailed in the minimum requirements list attached and marked “A”.

4.2 X-rays should be delivered to the Repository at the location referred to in point 2 above, at which time the depositor must sign the deposit form.

5. OBLIGATIONS OF VENDORS:

5.1 The Vendor must deliver the X-rays to the Auctioneer/Promoter at the Repository no later than 4.00pm, four (4) days prior to the first day of Sale.

5.2 No X-rays will be accepted by the Auctioneer/Promoter subsequent to the stated dates and times;

5.3 The X-rays must have contained within the film of each radiograph the name of the veterinarian or clinic, date, dam and year born, sex, brands and lot number.

The Auctioneer/Promoter acknowledges that the Vendor, in the absence of written instructions to the contrary, will only allow access to the X-rays to registered veterinarians.

5.4 Subject to the Auctioneer’s/Promoter’s right to retain possession of the X-rays for whatever reason and for so long as the Auctioneer/Promoter chooses, the Auctioneer/Promoter will allow the Vendor or his nominated agent in writing, to collect the X-rays from the Repository after the expiration of forty two (42) days from the last day of the Sale;

5.5 The Veterinary Surgeons Board of Queensland advises that “X-rays form part of a veterinarian’s records and as per the Veterinary Regulations, records should be kept for a minimum of three years”. The Auctioneer/Promoter will store those X-rays that have not been collected by the Vendor or his nominated agent in writing for the mandatory three (3) year period, after which the Auctioneer/Promoter will then destroy the X-rays without further notice.

6. OBLIGATIONS OF PURCHASERS (INCLUDING THEIR AGENTS):

6.1 Each veterinarian desiring to inspect the X-rays on behalf of their purchaser client, must first sign the Repository Registration Form and Repository Sign Out Notice and Agreement (in force from time to time);

6.2 No person may remove the X-rays from the Repository, or, copy or reproduce or attempt to copy or reproduce the X-rays, without the prior written consent of the owner thereof;

6.3 A person registered to inspect the X-rays, may only inspect one set of X-rays at any one time;

6.4 Persons inspecting the X-rays shall not collaborate with or advise others who are not their client(s) (i.e. potential purchasers) when evaluating the X-rays. A veterinarian may however consult with another veterinarian in order to obtain a second opinion if needed.

6.5 Each person inspecting the X-rays must take all reasonable steps and precautions not to damage the X-rays and return the X-rays after inspection in the same condition as they were received by him;

6.6 The Repository is designed for use by registered veterinarians on behalf of their Purchaser clients. Access to a Vendor’s X-rays may be declined to non-veterinarians or veterinarians not registered in Queensland by such Vendor. Any registered veterinarian representing a Purchaser will, in addition to complying with points 6.1 – 6.5 above inclusive:

6.6.1 Act ethically and professionally and with due regard to the interests of the Auctioneer/Promoter, the Vendor and the Purchaser;

6.6.2 Retain as confidential for the Purchaser he is representing on inspection, the information obtained from inspection of the X-rays with respect to each Lot;

6.6.3 Acknowledge that the Auctioneer/Promoter does not warrant the accuracy, authenticity or completeness of the X-rays.

7. LEGAL NOTICE BINDING UPON ALL PARTIES INTERESTED IN THE SALE OR PURCHASE OF LOTS DURING MAGIC MILLIONS SALES

7.1 The maintenance of the Repository by the Auctioneer/Promoter shall not vary, or be deemed to vary, in any way any of Magic Millions’ Standard Conditions of Sale contained in the Sales Catalogue which shall continue to be binding upon all parties;

7.2 Each Purchaser is encouraged to instruct his registered veterinarian to inspect the X-rays for each Lot and physically inspect each Lot prior to the purchase thereof. As provided in the Standard Conditions of Sale contained in the Sales Catalogue, each Lot purchased is purchased, at the fall of the hammer, with all defects and deficiencies, latent and patent, subject to the exceptions set out in the said Standard Terms and Conditions of Sale, or, announced prior to the auction of a Lot.

8. VENDOR’S ACKNOWLEDGMENTS AND WARRANTIES:

8.1 The Vendor acknowledges that he has been encouraged by the Auctioneer/Promoter to provide X-rays with respect to each Lot offered for sale by the Vendor;

8.2 The Vendor warrants that the X-rays provided to the Auctioneer/Promoter will be certified as originals by a registered veterinarian and will meet all the requirements set out in the Repository Conditions;

8.3 The Vendor warrants that he has the right to use the X-rays and irrevocably authorises the Auctioneer/Promoter to hold the X-rays at the Repository and to release the X-rays for inspection by prospective purchaser’s registered veterinarian prior to and during the Sale as provided in the Repository Conditions;

8.4 The Vendor acknowledges that the Auctioneer/Promoter may vary, at any time, without notice, the Repository Conditions, the Repository Registration Form or the Repository Sign Out Notice and Agreement;

8.5 The Vendor acknowledges that, once the X-rays are deposited at the Repository, the Vendor must not remove the X-rays from the Repository, nor, deposit any additional material or information with the X-rays.

9. PURCHASER’S ACKNOWLEDGMENTS AND WARRANTIES

9.1 The Purchaser acknowledges that the Auctioneer/Promoter/Vendor may, for whatever reason, refuse inspection by the Purchaser or his agents of the X-rays, and, specifically acknowledges that the Vendor has instructed that access to the X-rays be restricted, in the absence or written instructions to the contrary, to registered veterinarians;

9.2 The Purchaser acknowledges that it is his sole responsibility to determine the quality, accuracy and completeness of the X-rays and to obtain independent advice with respect thereto from a registered veterinarian;

9.3 The Purchaser acknowledges that any Vendor may, in his absolute discretion, determine not to provide X-rays for a Lot, and, accordingly the Purchaser will purchase such Lot with all defects, if any, latent and patent, and otherwise subject to the Conditions of Sale;

9.4 The Purchaser acknowledges that the Auctioneer/Promoter may vary, at any time, without notice, the Repository Conditions, the Repository Registration Form or the Repository Sign-Out Notice and Agreement.

10. VENDOR’S/PURCHASER’S ACKNOWLEDGMENTS AND INDEMNITIES:

10.1 The Vendor and the Purchaser acknowledge and accept that neither the Auctioneer nor the Promoter will review the X-rays and therefore makes no warranty or assurance of any kind concerning the authenticity, quality, accuracy or completeness of the X-rays, the responsibility for which lies with the Vendor;

10.2 The Vendor and the Purchaser acknowledge and accept that the depositing and inspection of the X-rays, and, the use of the Repository, will not vary or amend the terms of these Conditions of Sale which shall continue to be binding upon the Vendor and the Purchaser, nor does such deposit, inspection or use create any additional express or implied warranties upon which either the Vendor or the Purchaser can rely, other than those allowed by statute or law;

10.3 The Vendor and the Purchaser acknowledge and accept that neither the Auctioneer nor the Promoter will be liable for any claim, damages, liability, actions, demands or losses whatsoever in the event that the X-rays are of poor quality, inaccurate, invalid or incomplete;

10.4 The Vendor and the Purchaser acknowledge and accept that the sale and purchase of a Lot is effected on the fall of the hammer pursuant to Condition 2 of the Conditions of Sale and, subject to the Conditions of Sale, the Purchaser purchases each Lot subject to all faults and defects, latent and patent. The Vendor acknowledges and accepts that the Auctioneer will be entitled to its commission immediately upon the effecting of the sale (subject to the Conditions of Sale) and the Vendor’s obligation to pay the commission will stand notwithstanding any subsequent dispute between the Vendor and the Purchaser.

10.5 The Vendor and the Purchaser acknowledge that the Vendor has instructed the Auctioneer/Promoter to restrict access to the X-rays, in the absence of written instructions to the contrary, to registered veterinarians.

11. AUCTIONEER’S/PROMOTER’S ACKNOWLEDGMENTS AND OBLIGATIONS:

11.1 The Auctioneer/Promoter will, at their cost, construct and make available the Repository for use by the Vendor, the Purchaser and the Purchaser’s registered veterinarian in accordance with these Repository Conditions and the Standard Conditions of Sale;

11.2 The Auctioneer/Promoter will make the Repository available to receive the X-rays from the Vendor, and, make available the X-rays for inspection, in the absence of written instructions from the Vendor to the contrary, by the Purchaser’s registered veterinarian subject to these Repository Conditions and the Standard Conditions of Sale;

11.3 Subject to the Auctioneer’s/Promoter’s right to retain possession of the X-rays for whatever reason and for so long as the Auctioneer/Promoter chooses and subject to clause 5.4 above, the Auctioneer/Promoter will allow the Vendor or his nominated agent in writing, to collect the X-rays from the Repository after the expiration of forty two (42) days from the last day of the Sale;

11.4 The Auctioneer/Promoter has requested each Vendor of a Lot to provide X-rays of each Lot in accordance with the Repository Conditions but will not be liable for any claim, damages, liability, actions, demands or losses whatsoever, from the Vendor, Purchaser or any person or party by virtue of the fact that a Vendor elects not to provide X-rays with respect to any Lot;

11.5 The Vendor will, in accordance with the Repository Conditions, be entitled to inspect a register, kept for that purpose, of any party who has inspected the X-rays of a Lot submitted by that Vendor;

11.6 The Auctioneer/Promoter act as agents for the Magic Millions Partnership (ABN 99 519 379 694).

Appendix – A

MINIMUM REQUIRED X-RAYS FOR REPOSITORY

1. FEET (HOOVES): (2)

• Front only, one (1) each. – lateral to medial

2. CARPUS: (6)

• Lateral/Medial Oblique (30° - 40°) (Dorsolateral 35°, to palmar medial oblique);
• Medial/Lateral Oblique (20° - 30°) (Dorsomedial 25°, to palmar lateral oblique);
• Flexed Lateral (Flexed lateral to medial).

3. FETLOCK: (16)

3.1 Front: (8)

• AP elevated 15° (Dorsal, 15° elevated, to palmar);
• Medial Oblique (Dorsomedial 30°, to palmar lateral oblique);
• Lateral Oblique (Dorsolateral 30°, to palmar medial oblique);
• Lateral to medial (flexed).

3.2 Hind: (8):

• AP elevated 15° (Dorsal, 15° elevated, to plantar);
• Medial Oblique (Dorsomedial 30°, 15° elevated to plantar lateral oblique);
• Lateral Oblique (Dorsolateral 30°, 15° to palmar medial oblique);
• Standing Lateral to medial.
  
  Obliques should be elevated slightly to separate the sesamoid and PI interface.

4. HOCK: (6)

• Medial/Lateral Oblique (or 15° PALMO) (Dorsomedial 65° to plantar lateral oblique) or (Plantaro-lateral 25° to dorsomedial oblique);
• Off Centre AP (Slightly Lateral) (Dorsolateral 10° to plantar medial);
• Lateral to Medial.

5. STIFLE: (4)

• Lateral to Medial;
• 20° PALMO (Posterior lateral 20° to anterior medial oblique), or caudocranial (pa).

NOTE: AEVA PROTOCOLS & LABELLING

Standard markers for X-rays are always lateral unless there is no lateral aspect, and then they are placed anteriorly. For oblique views, the marker is located posteriorly on a (DLPMO) lateral oblique and anteriorly on a (DMPLO) medial oblique. For an AP view, the marker is located laterally and for a lateral view, the marker is located anteriorly.

Included within the film of each radiograph (X-ray) must be the name of the veterinarian or clinic, date, dam and year born, sex, brands and lot number

NOTE:

• X-rays must comply with existing AEVA Protocols.
• Veterinarians using the Repository facilities must be registered within the State where the sale is conducted.
• A Vendor may also deposit with the x-rays relevant surgical reports or other information for each Lot that has undergone surgical intervention prior to sale.

For further information, please contact Sean Walker on tel 07 5538 8933, fax 07 5531 6888, mobile 0411 461 265, or email: seanw@magicmillions.com.au