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GENERAL CONDITIONS OF SALE


GENERAL PROCEDURES AND IMPORTANT AUCTION NOTICES FOR ALL PARTICIPANTS

CONDITIONS OF SALE

ALL PROSPECTIVE PARTICIPANTS ARE URGED TO TAKE NOTICE OF AND CAREFULLY READ THIS

DOCUMENT AND THE CONDITIONS OF SALE FOR THE AUCTION PUBLISHED WITHIN THE SALE

WEBSITE AND CONSULT AN ATTORNEY IF THEY HAVE ANY CONCERNS REGARDING ANY

PROVISIONS THEREIN. Select Horse Sales, LLC, a Texas limited liability company, and Solo Select Horses,

LLC, a Texas limited liability are hereafter, together, referred to as “Solo Select”.

WARRANTIES

THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS MADE BY SOLO

SELECT OR OWNER/SELLER AS TO THE MERCHANTABILITY, FITNESS FOR ANY PARTICULAR

PURPOSE OR OTHERWISE OF ANY HORSE. ALL HORSES SELL “AS IS, WHERE IS, WITH ALL FAULTS

AND DEFECTS, WITHOUT EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR

PURPOSE OR MERCHANTABILITY”.

Solo Select reserves the right, in its sole discretion, to accept or reject the request for a Buyer Number.

EXAMINE HORSES

Buyers have the right to and are encouraged to personally inspect any horse of interest thoroughly PRIOR TO

BIDDING OR BUYING. Veterinary assistance is encouraged and is the responsibility of any bidders. Solo Select

provides a veterinary statement, but does not guarantee or represent the validity any findings in that statement.

MULTIPLE EMBRYOS

Neither Solo Select 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 Solo Select's belated awareness of such information.

RECIPIENT MARES

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 SOLO SELECT OR ANY OWNER/SELLER.

POST-SALE CARE

Horses become the Buyer’s responsibility at the fall of the hammer. Buyers are advised to contact Owner/Seller and

confirm that proper care is provided after the sale.

ACCOUNT SETTLEMENT

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 Owner/Seller under any circumstance.

TRANSFERS

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 THE ACCURACY OF THE

INFORMATION PRINTED IN THE SALE CATALOG. SOLO SELECT DISCLAIMS RESPONSIBILITY FOR

THE CONSEQUENCES, IF ANY, OF ANY CATALOG ERRORS. HOWEVER, NOTIFICATION OF ANY

ERRORS WOULD BE APPRECIATED.

USE CAUTION WHILE ON THE PREMISES

All persons attending the auction or previewing horses at any consignors facility, including, without limitation, those

facilities owned by Solo Select, do so at their own risk and are urged to use extreme caution.


WARNING


UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE) A FARM ANIMAL

PROFESSIONAL OR FARM OWNER OR LESSEE IS NOT LIABLE FOR AN INJURY TO OR THE DEATHOF

A PARTICIPANT IN FARM ANIMAL ACTIVITIES, INCLUDING AN EMPLOYEE OR INDEPENDENT

CONTRACTOR, RESULTING FROM THE INHERENT RISKS OF FARM ANIMAL ACTIVITIES.

ENGAGEMENTS

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.

VETERINARIANS

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, WHERE IS, WITH ALL FAULTS AND DEFECTS, WITHOUT

EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR

MERCHANTABILITY”.

BY ATTENDANCE:

All agree to save, HOLD HARMLESS and INDEMNIFY Solo Select, Melanie Smith (an individual), and their

respective agents, employees, members, managers, partners, directors, officers and/or any person or entity acting on

their behalf (together, the “Solo Parties”), 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/Seller 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/Seller’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 the Solo Parties,

or any defect in the premises, equipment or tools owned, operated or controlled by the Solo Parties. Accordingly, it

is understood and agreed that in no case shall the Solo Parties be responsible for any loss, death, damage or injury of

any character to any person, animal, article, or any personal property arising from or occurring prior to, during the

sale or after the sale.




CONDITIONS OF SALE


FROM: Solo Select

TO: All Sale Participants – TAKE NOTICE

CONDITION NO. 1 - GOVERNING LAW

Neither the Solo Select nor the Solo Parties 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, Owner/Seller and Solo Select are governed by the laws of the State of Texas. Each horse offered in

the sale is sold “AS IS, WHERE IS, WITH ALL FAULTS AND DEFECTS, WITHOUT EXPRESS OR IMPLIED

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY”. In the event of any

legal dispute between the Buyer and the Owner/Seller, Solo Select will occupy the position of agent for a disclosed

principal and stakeholder and will be discharged from all obligations owing to the Owner/Seller or Buyer upon

delivery of any property or funds held by Solo Select to the court having jurisdiction of such dispute.

CONDITION NO. 2 - BIDDING PROCEDURE

The highest bidder shall become the Buyer. Solo Select reserves the right to reject any and all bids.

CONDITION NO. 3 - BIDDING DISPUTES

If a dispute should arise between or among two or more bidders, Solo Select shall settle the dispute, and his decision

shall be absolute, final, and binding on all parties. In such a case, Solo Select 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 Solo Select recognized the final bid. If for any reason the bid

should be reduced below the recognized bid at the beginning of such a dispute, Solo Select 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. SOLO SELECT RESERVES THE RIGHT TO BID ON ANY HORSE OR ITEM

TO PROTECT THE SELLERS RESERVE. OWNER/SELLER MAY ALSO BID ON THEIR OWN HORSE TO

PROTECT THEIR RESERVE.

CONDITION 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 Owner/Seller to the Buyer, including, without

limitation, relating to 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 Solo Parties 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.

CONDITION 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.

CONDITION NO. 6 – DEFAULT

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 Owner/Seller, Solo Select and/or Solo Parties may bring suit against the party that is in default who

shall be responsible for all costs, including attorney’s fees, incurred by Owner/Seller, Solo Select and/or Solo Parties

in collection of amounts owing, or in enforcement or interpretation of the sale condition.

CONDITION NO. 7 – WARRANTIES

THERE IS NO WARRANTY, EXPRESS OR IMPLIED BY SOLO SELECT, SOLO PARTIES, OWNER/SELLER

OR ANY REPRESENTATIVE THEREOF, 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, WHERE IS, WITH ALL FAULTS AND DEFECTS,

WITHOUT EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR

MERCHANTABILITY”. Any and all guarantees announced on the Owner/Seller’s behalf in the description on the

website are made solely between the Owner/Seller and the Buyer.

CONDITION NO. 8. – BROODMARES

No Guarantees are made by Solo Select, Solo Parties or any representative thereof, 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 Owner/Seller.

CONDITION NO. 9 - CATALOG AND ANNOUNCEMENTS

The accuracy of all information in the catalog is the sole responsibility of the Owner/Seller. While certain

information may have been procured by Solo Select from third parties on behalf of the Owner/Seller, it is

nonetheless solely the responsibility of the Owner/Seller to verify the accuracy of such information. Solo Select,

Solo Parties 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.

CONDITION 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 Solo Select 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 Solo Select. The Owner/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 Owner/Seller who shall in turn deliver to Solo Select. Solo Select will then

forward the registration certificate and transfer report to the proper breed association.

           

CONDITION NO. 11 - AUCTIONEER DISCLAIMER

Solo Select, Solo Parties or any representative thereof, does not act as agent for or represent the Buyer or

Owner/Seller, but only provides a medium for bringing together the Buyer and Owner/Seller for the purpose of a

sales transaction. There is no implied or express warranty made by Solo Select, Solo Parties or any representative

thereof as to the marketability or suitability of any horse for a particular purpose.

CONDITION NO. 12 – DISPUTES

If a dispute should arise between Owner/Seller and Solo Select or Solo Parties or Buyer and Solo Select or Solo

Parties, all claims, disputes, controversies, differences or other matters in question arising out of Solo Select’s or

Solo Parties’ relationship to any party in the matters stated in these Conditions of Sale (the claims) and all other

matters in which Solo Select and Solo Parties have 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 Owners/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.

 

CONDITION NO. 13 - DROPBOX REPOSITORY/RADIOGRAPHS

Solo Select 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” or suitable for any

particular purpose, rather, this practice merely allows interested parties the opportunity to make decisions based on

information made available and gives interested parties the opportunity to consult with their own experts and/or

professionals to ultimately make determinations as they relate to any particular horse.

DIGITAL RADIOGRAPHS ARE NOT AVAILABLE FOR VIEWING AFTER A HORSE HAS SOLD.

REPOSITORY HOURS FOR VIEWING

 

CONDITION NO. 14 - REPOSITORY RULES

Solo Select has established a Repository. The Repository provides veterinarians with on and off-premise viewing

options.

We may amend these Terms of Use at any time by posting the revised Terms of Use on the Site and Application. We

may terminate these Terms of Use at any time by suspending or terminating access to the Services and/or notifying

you. The Site and Application allow you to place bids, monitor live auctions and perform other related activities in

connection with the Auction House (collectively, the “Services”). Your continued use of the Services after we have

posted revised Terms of Use signifies your acceptance of such revised Conditions of Sale. No amendment or

modification of these Conditions of Sale will be binding unless in writing and signed by our duly authorized

representative or posted to the Site and/or Application by our duly authorized representative.