GENERAL PROCEDURES AND IMPORTANT AUCTION NOTICES FOR ALL PARTICIPANTS
CONDITIONS OF SALE
ALL PROSPECTIVE PARTICIPANTS ARE URGED TO TAKE NOTICE OF AND THOROUGHLY READ THIS DOCUMENT AND THE CONDITIONS OF SALE FOR THE AUCTION PUBLISHED WITHIN THE SALE WEBSITE
THERE ARE NO IMPLIED WARRANTIES MADE BY AUCTIONEER, SELECT HORSE SALES LLC OR OWNER AS TO THE MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR OTHERWISE OF ANY HORSE. SELECT HORSE SALES LLC MAKES NO WARRANTIES WHATSOEVER. ALL HORSES SELL AS IS WHERE IS WITH ALL EXISTING CONDITIONS AND DEFECTS.
Select Horse Sales LLC reserves the right, in its sole discretion, to accept or reject the request for a Buyer Number.
Personally inspect any horse of interest thoroughly PRIOR TO BIDDING OR BUYING. Veterinary assistance is encouraged and is the responsibility of any bidders. Select Horse Sales LLC provides a veterinary statement, but does not guarantee any findings in that statement.
Neither Auctioneer nor the pedigree research company shall be responsible for providing information as to multiple embryos (foals of the same year) or frozen embryos out of mares or dams in the sale; nor shall they be liable in any way for Buyer’s or Select Horse Sale's belated awareness of such information.
ALL RECIPIENT MARES MUST BE RETURNED TO STATED FACILITY IN GOOD CONDITION BY DECEMBER 1ST OF THE YEAR OF FOALING. BREEDERS CERTIFICATES FOR THE RESULTING FOAL WILL NOT BE GIVEN UNTIL MARE IS RETURNED. IF MARE IS NOT RETURNED, BUYER WILL OWE A $3,500 RECIPIENT PURCHASE FEE.
GENETIC TESTING RESULTS
GENETIC TESTING RESULTS ARE NOT GUARANTEED BY SELECT HORSE SALES LLC OR ANY CONSIGNOR.
Horses become the Buyer’s responsibility at the fall of the hammer. Buyers are advised to contact Seller and confirm that proper care is provided after the sale.
All accounts must be paid BY MONDAY AT 5 PM CST FOLLOWING THE SALE. Make all payments directly to the sale cashier and not to Seller under any circumstance.
TRANSFER FEES ARE THE RESPONSIBILITY OF OWNER/SELLER. REGISTRATION CERTIFICATES AND COMPLETED TRANSFERS WILL BE MAILED DIRECTLY TO AQHA OR APHA. BUYER SHALL RECEIVE ORIGINAL REGISTRATION CERTIFICATE DIRECTLY FROM THE APPLICABLE REGISTRY AFTER THE TRANSFER PROCESS IS COMPLETE. NO REGISTRATION CERTIFICATES WILL BE RELEASED ON SALE DAY. THERE ARE NO EXCEPTIONS TO THIS RULE.
CATALOG INFORMATION AND ANNOUNCEMENTS
EVERY REASONABLE EFFORT HAS BEEN MADE TO ENSURE CORRECTNESS OF THE INFORMATION PRINTED IN THE SALE CATALOG.
AUCTIONEER DISCLAIMS RESPONSIBILITY FOR THE CONSEQUENCES, IF ANY, OF ANY CATALOG ERRORS. HOWEVER, NOTIFICATION OF ERRORS WOULD BE APPRECIATED.
USE CAUTION WHILE ON THE PREMISES
All persons attending the auction or previewing horses at any consignors facility do so at their own risk and are urged to use
UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), A FARM ANIMAL PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN FARM ANIMAL ACTIVITIES RESULTING FROM THE INHERENT RISKS OF FARM
Unless announced otherwise, all payments for eligibility in major aged events that become due after date of sale are the responsibility of Buyer, who should notify the proper association of new ownership.
Any Buyer who fails to obtain a pre-purchase examination does so at Buyer's sole risk and is subject to indemnity obligations because all horses are sold "As Is".
All agree to save, HOLD HARMLESS and INDEMNIFY Auctioneer, SELECT HORSE SALES LLC, Melanie Smith, Solo Select Horses LLC and its respective agents, employees, partners, directors, officers and/or any person or entity acting on their behalf, from and against any and all liability, debt, claims, suits, losses, damages, causes of action, judgments, costs and expenses, including attorney fees, arising or allegedly arising from (i) personal injury or death of any person (including but not limited to employees of Owner or Buyer) or any horse, including but not limited to any claims arising out of injuries or damages caused by the horse after the fall of the hammer, and (ii) property damage, including loss of use thereof, economic loss or otherwise, arising or growing directly or indirectly out of Owner’s or Buyer’s use of any of the facilities in connection with the sale, the conducting of the sale or anything occurring in connection with the sale.
The foregoing indemnity obligations shall apply whether or not the claim or liability in question results or is alleged to result in whole or in part from the sole, concurrent or comparative negligence or strict liability of auctioneer, its agents, employees, partners, directors, officers and/or any person or entity acting on its behalf, or any defect in the premises, equipment or tools owned, operated or controlled by auctioneer. Thus, it is understood and agreed that in no case shall auctioneer, its employees, agents, directors, partners or officers be responsible for any loss, death, damage or injury of any character to any person, animal or article arising from or occurring during the sale.
SELECT HORSE SALES LLC. Conditions Of Sale
FROM: Select Horse Sales LLC (the Auctioneer) TO: All Sale Participants – Take Notice
NO. 1 GOVERNING LAW
Neither the Auctioneer, any representative thereof, nor Select Horse Sales, LLC, any representative thereof, nor Melanie Smith are responsible for any liability whatsoever, including, but not limited to, the loss, damage, injury, death or illness of any horse, person, or property before, during or after the sale.
All horses consigned to the sale are offered in accordance with the laws of the State of Texas and
all transactions between Buyer, Seller and the Auctioneer are governed by the laws of the State of Texas. Each horse offered in the sale is sold “As Is And With All Defects”. In the event of any
legal dispute between the Buyer and the Seller, Auctioneer will occupy the position of agent for a disclosed principal and stakeholder and will be discharged from all obligations owing to the Seller or Buyer upon delivery of any property or funds held by Auctioneer to the court having jurisdiction of such dispute.
NO. 2 BIDDING PROCEDURE
The highest bidder shall become the Buyer. Auctioneer reserves the right to reject any and all bids.
NO. 3 BIDDING DISPUTES
If a dispute should arise between or among two or more bidders, the Auctioneer shall settle the dispute, and his decision shall be absolute, final, and binding on all parties. In such a case, the Auctioneer has the right to reopen the bidding procedure and ask for advanced bids, solely between the bidders having claimed the last bid. If there is no advance bid, the horse shall be sold to the bidder from whom the Auctioneer recognized the final bid. If for any reason the bid should be reduced below the recognized bid at the beginning of such a dispute, the Auctioneer may reopen the bidding to all bidders with the highest bidder becoming the Buyer regardless of whether or not the final bid exceeds the bid which was originally disputed. AUCTIONEER/SELECT HORSE SALES LLC RESERVES THE RIGHT TO BID ON ANY HORSE OR ITEM TO PROTECT THE SELLERS RESERVE. CONSIGNOR/SELLER MAY ALSO BID ON THEIR OWN HORSE TO PROTECT THEIR RESERVE.
NO. 4 TITLE AND DELIVERY
Title passes to the Buyer automatically at the “fall of the gavel” which is the point in time where bidding has closed online on the particular lot. At such time, Buyer assumes all risk of loss and the responsibility, maintenance, care and expenses for the horse sold passes immediately from the Seller to the Buyer. This shall especially be the condition in the case of illness, injury, or death of any horse after it has been sold. Upon the passage of title, the Buyer agrees to indemnify and hold the Auctioneer, consignor, any representative thereof, Select Horse Sales, LLC, any representative thereof, and Melanie Smith harmless from all loss, cost and expense including but not limited to: (a) the illness, injury or death of purchased horse, or (b) loss or damage to property, and (c) injury or death of persons caused by the Buyer, his agents, employees or the purchased horse. Title and all risks are assumed by the Buyer whether or not delivery has been made. Delivery of a purchased horse shall be contingent upon the Buyer making a full settlement
to the sale cashier as described in Condition No. 5.
NO. 5 SETTLEMENT
Settlement for any purchase must be made in full and paid directly to the sale cashier within the specified time announced prior to the commencement of the auction. Payment to any other source is prohibited and is not recognized as settlement. Settlement for any purchase must be made for the full purchase price with U.S. Currency or with funds from a U.S. Bank in the form of a bank check, credit card, cash, certified check or travelers check, all of which must have been approved by Auctioneer. The Buyer’s Acknowledgement of Purchase and Security Agreement is not transferable without the approval of Auctioneer. The copy of the Buyer’s Acknowledgement of Purchase and Security Agreement retained by Buyer must be presented
by Buyer at the time of settlement. Any person signing a check in the State of Texas is liable for the full amount of the check. Any party issuing a check returned as “insufficient funds” or “payment stopped” or “account closed” or issuing a check that shall for any reason not clear drawee’s bank, is subject to being prosecuted to the full extent of the law and is further subject to all legal and equitable remedies, including interest, court costs and attorney fees. Appropriate legal services will be obtained in whatever jurisdiction necessary to secure performance of any payment given as settlement and all costs, including attorney’s fees, incurred by Auctioneer shall be the responsibility of the party issuing such payment.
NO. 6 DEFAULTERS
After successfully winning a bid, all Buyers shall be responsible for the full purchase price, as stated, for the horse. Buyers who fail in any respect whatsoever to make settlement as described in Condition No. 5, shall be declared in default. The Seller or Auctioneer may bring suit against the defaulter who shall be responsible for all costs, including attorney’s fees, incurred by Auctioneer in collection of amounts owing, or in enforcement or interpretation of the sale condition.
NO. 7 WARRANTIES
There is no warranty, express or implied by the Auctioneer, consignor, any representative thereof, or Select Horse Sales, LLC, any representative thereof, or Melanie Smith as to the soundness, physical condition, health, disposition, merchantability or fitness for any particular purpose of any horse offered in this sale. All horses are sold “as is” with all existing conditions and defects. Any and all guarantees announced on the Seller’s behalf in the description on the website are made solely between the Seller and the Buyer.
NO. 8. BROODMARES
No Guarantees are made by the Auctioneer, any representative thereof, or Select Horse Sales LLC , consignor, any representative thereof, or Melanie Smith regarding pregnancy status, eventual foaling, or fertility of any horse offered for sale. Final pregnancy status on broodmares will be announced at the time of sale on the Seller’s behalf and will take precedence over printed material in the catalog or in advertising. Any contractual agreements between owners of broodmares in the sale and owners of stallions to which these mares may have been bred are strictly between the Buyer and the Seller.
NO. 9 CATALOG AND ANNOUNCEMENTS
The accuracy of all information in the catalog is the sole responsibility of the Seller. While certain information may have been procured by the Auctioneer from third parties on behalf of the Seller, it is nonetheless solely the responsibility of the Seller to verify the accuracy of such information. The Auctioneer or any representative thereof, does not assume any responsibility or liability for errors or omissions, or for any verbal or written statement regarding the horse sold.
NO. 10 REGISTRATION CERTIFICATES
A. All original registration certificates, transfer reports, and/or applicable breeders certificate guarantees, and/or registration applications, will be held by the Auctioneer until the Buyer's payment clears the drawee’s bank and becomes unconditional credit. Upon payment clearance, all applicable paperwork will be forwarded directly to the proper breed association from the Auctioneer. The Seller shall be responsible for payment of all applicable transfer fees.
B. Pending registration applications being processed by the appropriate registration agency at the time of sale will be returned from the agency to the Seller who shall in turn deliver to the Auctioneer. The Auctioneer will then forward the registration certificate and transfer report to the proper breed association.
NO. 11 AUCTIONEER DISCLAIMER
The Auctioneer or any representative thereof, does not act as agent for or represent the Buyer or Seller, but only provides a medium for bringing together the Buyer and Seller for the purpose of a sales transaction. There is no implied or express warranty made by the Auctioneer or any representative thereof as to the marketability or suitability of any horse for a particular purpose.
If a dispute should arise between Seller and Auctioneer or Buyer and Auctioneer, all claims, disputes, controversies, differences or other matters in question arising out of the Auctioneer’s relationship
to any party in the matters stated in these Conditions of Sale (the claims) and all other matters in which Auctioneer has provided any type of services at any time, whether or not those matters are encompassed within this document (including, but not limited to compensation for fees, expenses and/or commissions) shall be settled finally, completely and conclusively by binding arbitration in Whitesboro, Grayson County, Texas, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “Rules”), by one or more arbitrators chosen in accordance with the Rules. Arbitration shall be initiated by written demand of the party seeking arbitration.
A decision of the arbitrator or arbitrators shall be final, conclusive and binding on the parties
and judgment may be entered thereon in the District Court of Grayson County, Texas, to enforce
such decision and the benefits thereof. Any arbitration held in accordance with this paragraph
shall be private and confidential and no person shall be entitled to attend the hearings except the arbitrator(s), the stenographer, (if one is requested), the parties and the attorneys for the parties and/ or representatives designated by the parties. The matters submitted for arbitration, the hearings and proceedings there under and the arbitration award shall be kept and maintained in strictest confidence by the parties and shall not be discussed, disclosed or communicated to any person. On request of any party, the record of the proceeding shall be sealed and may not be disclosed except insofar, and only insofar, as may be necessary to enforce the award of the arbitrators and any judgment enforcing such award. The prevailing party shall be entitled to recover reasonable and necessary attorneys’ fees and the costs of arbitration from the non-prevailing party.
All Sellers, Buyers, bidders and attendees voluntarily and intentionally waive any right that they may have to a trial by jury in respect to any litigation arising from or connected with this auction.
Select Horse Sales, LLC. — DROPBOX REPOSITORY/RADIOGRAPHS
Select Horse Sales LLC. encourages everyone to use the repository dropbox with their veterinarian to fully evaluate the radiographs available.
Digital radiographs are not expected to prove an animal “perfect”: this practice merely allows interested parties the opportunity to make decisions based on information made available.
DIGITAL RADIOGRAPHS ARE NOT AVAILABLE FOR VIEWING AFTER A HORSE HAS SOLD.
REPOSITORY HOURS FOR VIEWING
Select Horse Sales LLC has established a Repository. The Repository provides veterinarians with on and off-premise viewing options.