Buyer beware

from British Dressage - Issue 5 2021

Wellington CDI

LEFT: WHETHER BUYING AT HOME OR ABROAD, IT’S IMPORTANT TO BE AWARE OF YOUR LEGAL RIGHTS.

WHEN BUYING YOUR NEXT DRESSAGE HORSE, IT SHOULD BE SOUND AND SUITABLE FOR YOU, WITH THE ABILITY AND NATURE YOU NEED – BUT WHAT ELSE SHOULD YOU LOOK FOR? HARRISON CLARK RICKERBYS OUTLINES SOME OF THE LEGAL CONSIDERATIONS.

The law protects your rights as a buyer when buying from a professional horse dealer in the UK, under the Sale of Goods Act 1979. It implies that any horse sold by a dealer in the course of business must be (i) fit for the purposes it was sold for; (ii) of satisfactory quality and (iii) as described by the seller in the sales process.

So, the dealer must describe the horse and its abilities accurately – this means that you, as the buyer must be honest and clear about your own ability, what you’re buying the horse for and whether this matches the seller’s description of the horse. Written contracts can be a clear way of recording the salient elements of this process.

The Consumer Rights Act 2015 also applies to horse sales by a professional dealer to a buyer in the UK, allowing a 30-day period during which the horse can be returned for a refund. The buyer needs to show that there was a ‘fault’ with the horse at the time of sale. Pre-sales vetting establishes that the horse was sound and healthy at sale.

But bear in mind that no amount of health and vetting checks will guarantee the nature and behaviour of the horse. Also think hard about to what extent you can rely on advice from your trainer, sponsor or co-owner who comes with you to trial and select your horse. An expert or advisor could be liable for an unsuitable purchase, but a friend may not be.

IF THE HORSE IS AN UNREGISTERED EQUINE, IT CANNOT BE SHIPPED ON IMMEDIATELY AND WILL NEED TO REMAIN WHERE IT IS FOR A MINIMUM OF 40 DAYS

BUYING FROM EUROPE

Where you buy a horse from Europe, the same risks apply as in the UK but additionally, it is very likely that the seller will sell the horse based on their local law rather than UK law, so you should familiarise yourself with how horse sales are managed under the local law that applies.

Buying a horse represents an additional hurdle for the UK buyer if after the purchase they discover ‘issues’ with the horse and want to take action, which may need to be taken in the local language and local courts under their laws. The most practical advice is to have a local contact whom you trust to help with any differences in the sales process, culture and procedure. Paying a commission to help you find the right horse seems to be a better choice than the outlay afterwards, having bought the ‘wrong horse’.

Post-Brexit, transporting horses from the EEA to the UK has become a more drawn out process and also more expensive.

Make sure that the horse you are buying is registered with a European studbook or has a full passport and papers and has an EU export health certificate certified by an official vet. If the horse is an unregistered equine, it cannot be shipped on immediately and will need to remain where it is for a minimum of 40 days to become registered there before travelling on (known as ‘residency requirements’).

Budget for additions to the transport costs: UK Customs duty is payable at 11.5% for geldings (mares and stallions are exempt) and VAT is calculated at 20% of the purchase plus transport price. If your horse leaves the UK less than two years later, the VAT may be claimed back (for a temporary import).

Within 30 days, the horse must then be registered in the UK with a UK Passport Issuing Organisation.

Horserail continues to SET THE PACE

MORE THAN 25 YEARS ON SINCE LAUNCHING ITS UNIQUE PLASTIC FENCING, HORSERAIL IS STILL MAKING STRIDES IN THE EQUESTRIAN FENCING MARKET WITH ITS INNOVATION.

It’s been a quarter of a century since Horserail burst out of the traps into the equine fencing marketplace. Sales and marketing manager Ruth Todd explains: “Horserail’s distinctive plastic fencing has been on the market for over 25 years now and is well known and respected across the globe.

“There are some similar products on the market, and sadly we are hearing that some are wrongly portrayed as Horserail. This is easy to understand given it is such a highquality brand, but there is currently a copy of Horserail on the market with the same brackets and hardware.

“However, when you compare Horserail to these others, more than 25 years on since launching its unique plastic fencing, Horserail is still making strides in the equestrian fencing market with its innovative products – you will see some noticeable differences.

“One of the major advantages of Horserail is that it can be electrified. We have two options for this. HotTop electrifies just the top of the rail, while HotTop Plus electrifies the top and bottom of each rail. The HotTop Plus is great for customers who want to keep costs down and just install two rails. With the HotTop Plus option, this would prevent the animal from leaning over, through the middle and underneath the fence line.

“Of course, you do not need to electrify the rail but, with a 30-year guarantee, no one knows what kind of animals they will have in that time so it’s always a good idea to allow for this option. The customer can either leave it off or hook it up to a battery. Both mains or solar work equally well and deliver the requisite charge.

“You might think it better to run a line of wire or tape above or below the fencing, but this is not the case. Horserail is highly conductive and does not break down like tape and rope can. This is because the wire encased in the fencing is covered by a carbon compound which conducts the electric current. Also, there is no stripping back or exposing wires with Horserail, so it’s easy to electrify using the insulated end brackets which hold a special screw to run the electric into.

“While some other products may recommend a wire to keep the animal off the fence to prevent them leaning on it and causing damage, in our experience this can increase the chances of the animal getting caught and causing serious harm to itself. With Horserail there are no sharp edges, and the risk of accidents is minimal.

“The unique Horserail tensioning system also works well. With Horserail we use tensioning spoolers that allow you to fence for miles without stopping and starting. It pulls the fence up so tight it’s as stiff as a board.

“Check out our website for photos and info or go to YouTube and search Horserail for videos on installation.”

The COVID-19 crisis appears not to have diminished demand. Despite the cancellation of this year’s Badminton Horse Trials, an event in which Horserail has become heavily involved as a sponsor, Ruth and the team at Horserail are looking at organising events and taster days around the UK targeted at fencing contractors as well as equestrian clients.

“We would welcome you to get in touch for more information and prices,” concludes Ruth.

Truly electrifying stuff from Horserail.