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Conditions of Sale

IMPORTANT NOTICE TO PROSPECTIVE BUYERS

Please read and familiarize yourself with the TERMS AND CONDITIONS of this sale. You will be bound by these TERMS AND CONDITIONS whether you read them or not!

Susie Reed, Thirty-Two Cattle Company (Sale Company), it’s associates, and the auctioneers’ function is to bring the buyer and the seller together.

All responsibilities and guarantees lie between the buyer and seller

ERRORS. Every effort has been made to assure correctness of the catalog. The sales management and auctioneers are not responsible for error or omissions and assume no liability on its part as to any statements verbal or written regarding horses sold.

PAYMENT. Terms of payment are overnight check, wire transfer or credit card. Credit Cards will be accepted. 3% office processing fee will be added to all purchases; however, this fee will be discounted for purchases paid for by cash, check for cashier’s check. All payments must be made to Thirty-Two Cattle Company. All “returned” or insufficient funded checks will be immediately turned over to the Carter County District Attorney and charges will be filed.

REGISTRATION PAPERS. All papers will be withheld until payments clear the bank. The Seller shall be responsible for American Quarter Horse Association Transfer Fees. Buyers shall be responsible for all other association transfer fees including, but not limited to APHA, PtHA, PHBA, etc.

LIMITED WARRANTIES. The seller is the responsible party for all representations or warranties, expressed or implied, concerning the condition of any horse, and buyers should satisfy themselves concerning the condition of any horse they purchase. Except as otherwise announced by the auctioneer at the time of sale, the consignor of each animal represents and warrants to the buyer and Thirty-Two Cattle Company, the following (1) Title of the animal free from all adverse claims to ownership, use or possession; (2) The animal is sound of eyes and wind; (3) The animal is not a “cribber” or “wind sucker;” (4) The animal has not been nerved or have navicular disease, or is

foundered; (5) The sex or condition as a gelding or ridgeling is as described in the sale catalog or announced at time of sale; (6) Any animal which at time of sale is described as a colt and does not at such time have two testes descended to the scrotum must be announced. Warranty with respect to descended testes does not apply to any horse sold prior to July 1 of his yearling year. If any of these conditions are announced, the consignor is held harmless for the condition. Except for the foregoing limited warranties, each animal is sold by the consignor WITHOUT WARRANTY AND WITH ALL FAULTS. Any other radiographic defect WILL NOT constitute right for refusal. Every horse is sold under this rule, therefore, no horse can be rejected by the buyer when struck off by the auctioneer.

ALL SALES ARE FINAL - NO RETURNS OR REFUNDS. All buyers have the right and privilege to have any vet of their choice inspect the horse prior to bidding. Once the horse is sold, all sales are final. All sales are binding. No horses are subject to return and no refunds shall be made except as stated in these terms and conditions).

VETERINARIANS. Pre-purchase veterinary examination is recommended. 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.”

BROODMARE - PREGNANCY STATUS. The seller guarantees all mares were bred to stallions as indicated in the catalog. We believe them to be in foal but are selling them as they are and without return privileges, unless otherwise specified. Any purchaser of a broodmare sold in this sale as IN FOAL to a stallion may have her examined within 24 hours after the fall of the hammer and prior to removal from the sale premises by a veterinarian acceptable to the undersigned. Any broodmare so examined whose pregnancy status is found not to be as represented at the time of sale may be returned to the consignor as unsold and the consignor shall pay the veterinarian’s fee for examination and is liable for the commission as if sold. If the broodmare is found to be as certified, the purchaser shall pay the examination fee.

TITLE. Title to and risk of loss passes to the buyer when the animal is knocked off as sold by the auctioneer. Immediately after the horse is sold it will be the sole risk and responsibility of the buyer. Effective from the time of purchase, the buyer assumes responsibility for the maintenance and care of the animal. The buyer further agrees to indemnify and hold the consignor and Thirty-Two Cattle Company harmless from all loss, cost and expense arising from illness, injury or death of such animal, or loss or damage to property, and injury or death of persons, caused by the buyer, the buyer’s agents or employees, or by the animal subsequent to the time of purchase.

CONSIGNEE STATUS. Thirty-Two Cattle Company is operating as an independent contractor regularly engaged in the business of conducting consignment sales. In the event of any dispute between the buyer and the consignor, Thirty-Two Cattle Company will occupy the position of agent for a disclosed principle and stakeholder and will be discharged from all obligations owing to the consignor or the buyer on delivery of any property or funds held by Thirty-Two Cattle Company to the court having jurisdiction of such dispute. Susie Reed, Thirty-Two Cattle Company makes no representation or warranty with respect to any animal and the buyer must look solely to the designated consignor for recovery of any damage by reason of the failure of any representation or limited warranty.

COGGINS TEST. All horses in this sale are to be tested negative for Equine Infectious Anemia (Coggins Test) within six months of sale date.

 

IMPORTANT NOTICES • READ SALE TERMS & CONDITIONS

There is NO IMPLIED WARRANTY made by auctioneer or consignor as to the merchantability or fitness for a particular purpose of any animal offered for sale. PROSPECTIVE BIDDERS ARE CAUTIONED that warranties on horses purchased are only as stated in Terms & Conditions. Alley transactions void all warranties and there is no recourse through Thirty-Two Cattle Company.

PROSPECTIVE BUYERS, EXAMINE HORSES PRIOR TO PURCHASING

Please read and familiarize yourself with the Terms and Conditions of this sale which you will find printed in this catalog.

All prospective buyers are cautioned and hereby advised to examine horses thoroughly before purchasing. There is NO IMPLIED WARRANTY made by auctioneer or consignor as to the merchantability or fitness for a particular purpose of any animal offered for sale in this auction. Prospective Bidders are cautioned that warranteis on horses purchased are only as stated in Terms & Conditions.

NOTICE TO ALL BUYERS

Buyers must provide the sale company with their name, address and banking information. All horses must be paid for within 3 days of final auction. Terms of payment are overnight check, wire transfer or credit card. Credit Cards will be accepted. 3% office processing fee will be added to all purchases; however, this fee will be discounted for purchases paid for by cash, check for cashier’s check.

CARE OF HORSES AFTER SALE

Seller agrees to keep horse for 10 days after purchase of horse free of charge to the buyer.

CHECK LIABILITY

In the state of Oklahoma, any person signing a personalized check will be held liable for the amount of the check. All returned checks will be prosecuted to the fullest extent of the laws and no exceptions will be made. There will be a $500.00 fee for all returned checks that are not replaced with a cashier’s check within 3 days of the return date of the check.

CATALOG ERRORS

Every effort has been made to assure correctness of the sale catalog. However, the sale management, auctioneers and announcers are not responsible for errors of omission and assume no liability on its part or on the part of Consignors as to any statements made by the Consignor which are printed in the catalog on behalf of Consignors. When errors or omissions are brought to the attention of the sale management, auctioneers or announcers, or when such errors or omissions are discovered by the sale management, announcements will be made to correct such errors or omissions.

DISCLAIMER

It is our understanding AQHA is experiencing technical difficulties in 2019 as they transition from their old data base to their new one. While compiling and reviewing research ordered from AQHA for this catalog, we discovered discrepancies.