1. All horses offered at auction are offered in accordance with
the laws of
the State of Texas, and the laws of the State of Texas shall govern
all
transactions related to this auction.
2. Each horse offered in this sale will be sold "AS IS",
with all faults,
conditions and defects, if any. Horses sold shall be without
warranty,
expressed or implied, as to soundness, condition, merchantability,
or fitness
for any particular purpose.
3. Every effort has been made to ascertain correct information,
and to print
the same in the Sale Catalog; however, the Auctioneer and Sales
Management
neither assumes nor accepts responsibility for errors, omissions,
or
misstatements contained in the Sale Catalog. Announcements at
the time of
auction will take precedence over material contained in the catalog.
4. The auction sale is "an auction with reserve",
that is, the owner shall
have the right to establish a reserve, a price under which the
horses will
not be sold. The reserve in this auction shall be a sealed reserve
in which
the owner has established the reserve, if any, in writing prior
to the offer
of each respective horse in the auction. Prior to the Auctioneer
accepting
the highest bid, the sealed reserve shall be opened and if the
highest bid is
not equal to or exceeds the reserve price, then and in such event,
the
highest bidder shall be advised by the Auctioneer of the reserve
price, in
which event the highest bidder shall be offered the opportunity
to purchase
the horse for the reserve price. In the event the highest bidder
chooses not
to meet the reserve price, then any qualified bidder may tender
a bid
exceeding the reserve price and the auction shall proceed with
the Auctioneer
accepting bids above the sealed established reserve.
5. Horses shall be sold to the highest bidder, subject to
condition number
4. The successful bidder, submitting the highest bid, shall forthwith
acknowledge such bid in writing, by signing the Acknowledgement
of Purchase,
which will be presented by an auction clerk immediately following
the
Auctioneers acceptance of such bid. In the event any dispute
arises between
or among two (2) or more bidders, the Auctioneer shall have the
sole
authority and right to settle the dispute, as determined in the
sole
discretion of the Auctioneer, and his decision shall be final
and binding on
all parties. Bids received after the fall of the hammer are not
a basis for
dispute. The Auctioneer reserves the right to reject any and
all bids.
6. The Sale Management is not responsible for the integrity
of any bid made.
In the event that a bid is not honored, seller agrees not to
hold Sales
Management, the Auctioneer and their agents and representatives
responsible.
A recorded tape will be made of the entire Sale, which shall be
used to
settle any disputes pertaining to statements made concerning the
horses
offered for sale.
7. Upon signing the Acknowledgement of Purchase, risk of loss
and
responsibility for the horse shall be upon the buyer.
8. Buyer agrees to issue payment through the auction cashier
within one (1)
hour following the conclusion of the auction sale. Upon buyer
making
satisfactory settlement for the horse or horses purchased, a delivery
order
will be issued by the auction clerk and given to buyer, so that
buyer may
take possession of the horse or horses for which settlement had
been made.
Sales Management will prohibit removal of any horse or horses
without
properly signed delivery order.
9. Buyer agrees to hold the Sales Management, the Auctioneer,
the AMHA and
their agents and employees, harmless from all loss, costs and
expense, having
to do with or rising from illness, injury or death of any animal
offered or
purchased, and any loss or damage to property and injury to persons,
including death, caused by buyer, buyers agents, representatives
or
employees, or by the animal, following buyers purchase of an animal.
10. Buyer or buyers designated representative shall take possession,
care,
custody and control of any animal purchased, immediately following
buyer's
receipt of a delivery order.
11. Notwithstanding, delivery of the horse purchased to buyer,
Sale
Management will retain all registration papers and transfers until
payments
have been verified, i.e. checks have cleared buyers bank, etc.
Upon
verification of payment, registration papers, along with properly
executed
transfer of ownership reports, and any other pertinent documents
related to
the animal purchased shall be prepared and mailed to buyer.
12. Settlement by buyer, or buyer's representatives, shall
be made to the
Sale Management Cashier ONLY. Payment to anyone other that the
designated
cashier shall not be considered as settlement. Settlement for
full purchase
price on each horse purchased shall be in the form of US currency,
certified
check, traveler's check or approved personal check, which had
been approved
in advance by Sale Management. ALL BUYERS AND PROSPECTIVE BUYERS
MUST
ESTABLISH BUYER IDENTIFICATION PRIOR TO SALE.
13. Buyers who fail in any respect whatsoever to pay for horses,
as provided
in these Conditions of Sale and/or settlement procedures, shall
be declared
in default. Any horse for which full and complete settlement
is not made,
may be re-sold without notice to buyer, the cost of re-sale to
be borne by
buyer. In the event of a re-sale, based on buyer's failure to
complete
settlement, buyer shall be obligated to pay Sale Management all
expenses
incurred in re-sale, together with any deficiency in the price
obtained upon
re-sale. Sale Management and/or owner shall have the right to
bring suit
against a defaulting buyer, in which event, buyer shall be responsible
for
all cost, attorney fees, expenses and loss incurred or resulting
from buyers
default or enforcement of the obligations of buyer incurred by
executing a
bid acknowledgement.
14. The Sale Management does not act as agent for either seller
or buyer, but
merely provides an environment in order to permit the binding
together of an
agreement between seller and buyer for the purpose of sale/purchase
transactions. Any and all representations concerning the horses
presented
are those of the seller, and no action shall lie against Sale
Management
related to or arising by reason of such representation.
15. All horses consigned to this sale have been required to
have a negative
Coggins report within six (6) months from date of sale, and Health
Certificate dated within 30 days of sale.
Auctioneer: Don Green - Roanoke, AL
Pedigree Announcer: Tony Greaves - Buda, TX
Sale Office: Cheryl Belcher - Pollok, TX
Return To Sale Pages || See also: Additional Disclaimer