NOTE: THIS AUCTION IS HELD ONLINE. SOME TERMS AND CONDITIONS DIFFER FROM IN-PERSON AUCTIONS. Please read and familiarize yourself with these terms and conditions. You will be bound by them whether you read them or not!
The function of Susie Reed, 32 Cattle Company, their associates and the auctioneer (the “Sale Company”), is to bring the buyer and seller together. NOTE: Due to the auction being online, horses remain at the Seller’s location until picked up by or delivered to the Buyer. The Sale Company does not take possession of any horses, nor does the Sale Company examine any horses.
ALL RESPONSIBILITIES, REPRESENTATIONS AND GUARANTEES LIE BETWEEN THE BUYER AND THE SELLER.
ERRORS. Every effort has been made to assure correctness of the catalog. The Sale Company is not responsible for errors or omissions and assumes no liability on its part as to any statements, verbal or written, regarding horses sold. All descriptions in the catalog are representations of the Seller, not the Sale Company.
ANNOUNCEMENTS. In the case of typographical or other errors discovered in the printed sales catalog, the auctioneer will announce them and a memorandum will be kept of such corrections which takes precedence over printed matter in the catalog. BUYERS ARE CAUTIONED TO PAY CLOSE ATTENTION TO THE AUCTIONEER’S ANNOUNCEMENTS. In the event a horse possesses any defect or condition inconsistent with the limited warranties (see LIMITED WARRANTIES section below), THE SELLER IS SOLELY RESPONSIBLE for informing the Sale Company of the same immediately and, in any event, prior to sale of the horse so that proper announcements disclosing the same can be made during the sale. THE SELLER SHALL BE SOLELY RESPONSIBLE FOR ANY OMISSION OF ANNOUNCEMENT under any and all circumstances.
TIE BIDS. The highest bidder will be the Buyer, and if a dispute arises between two or more bidders, the horse in dispute shall immediately be put up again for advance bids. If there is no advance, the horse shall go to the person from whom the auctioneer recognized the last bid. The auctioneer will decline any bid made by parties who have defaulted in former purchases or by persons who, in his judgment, are not responsible bidders. The Seller shall have the right to pass out or no sale his or her horse. All Sellers who no sale their horse must do so prior to the horse leaving the sale ring.
PAYMENT. Terms of sale are cash or immediately-available funds. Payment in full must be made to the Sale Company immediately after the sale. All payments shall be made in U.S. Currency and on U.S. Banks only. Method of payment shall be Cash, Cashier’s Check, Travelers Checks, or approved bank check which has been verified and approved in advance by the Sale Company. BANK DRAFTS WILL NOT BE ACCEPTED. All payments must be made to “Thirty-Two Cattle Company.” Any payment made by the Buyer to the Seller or any other party will not be regarded as valid or entitle the Buyer to delivery of the horse. All “returned” or insufficiently-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.
RELEASES. Upon receiving payment for a horse, the Sale Company will issue an order to obtain delivery. Buyers are cautioned not to lose these orders. The Seller must make arrangements for care of the horse until it can be delivered.
TRANSACTION DETAILS. The Buyer and the Seller agree they shall be responsible to complete all aspects of the transaction upon the fall of the auctioneer’s hammer, and the Sale Company shall not have any responsibility or liability for delivery, care, payment, cure for a failed payment, or any other detail necessary to complete the transaction for the horse. The Sale Company is responsible only to forward to the Seller a payment received from the Buyer after appropriate deductions.
RESALES. If the highest bidder fails to comply with the Sale Conditions or the published Settlement procedures or, in the event of a mistake by the auctioneer, the Sale Company reserves the option to thereafter resell the horse at the sale, and such resale will terminate all obligations of the Sale Company and the Seller to honor any prior bid.
DEFAULT. If any person shall be the last bidder on a horse and not pay for it as prescribed above, nothing shall prevent the auctioneer or the Seller from compelling the Buyer to pay for it if the auctioneer or the Seller shall so deem fit.
LIMITED WARRANTIES. The Seller is responsible for all representations or warranties, expressed or implied, concerning the condition of the 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 Seller of each animal represents and warrants to the Buyer and the Sale Company the following: (1) Title of the horse free from all adverse claims to ownership, use, or possession; (2) The horse is sound of eyes and wind; (3) The horse is not a “cribber” or “wind sucker;” (4) The horse 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; and (6) Any horse 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 Seller is held harmless for the condition. Except for the foregoing limited warranties, each horse is sold by the Seller WITHOUT WARRANTY AND WITH ALL FAULTS. Any other radiographic defects WILL NOT constitute right for refusal. Every horse is sold under this rule.
ALL SALES ARE FINAL. All sales are binding. No horses are subject to a voidable sale and no refunds shall be made except as stated in these terms and conditions (see Buyer’s Limited Right of Return).
BUYER’S LIMITED RIGHT TO VOID A SALE. The Buyer’s limited right to decline acceptance or delivery of any horse purchased shall be governed by the following terms and conditions: any horse sold in the sale which has a condition covered by limited warranties or a condition that must be announced and which was not so announced shall be subject to the Buyer voiding the sale, with a refund of the purchase price if already paid. THE BUYER MUST PROVIDE WRITTEN NOTICE TO THE SELLER AND A WRITTEN VETERINARY CERTIFICATE, based on examination by a veterinarian, stating that such a condition exists and that the same existed at time of sale. The Buyer or the Seller shall submit a full copy of same written notice and veterinary statement to the Sale Company.
“AS IS.” ALL HORSES ARE SOLD “AS IS.”
BROODMARE - PREGNANCY STATUS. The Seller guarantees mares were bred to stallions as indicated in the catalog. There is no guarantee that the mare is or will remain in foal. Any Buyer of a broodmare sold in this sale as IN FOAL to a stallion may have her examined. Any broodmare so examined whose pregnancy status is found not to be as represented at the time of sale is subject to the Buyer voiding the sale and obtaining a refund of the purchase price if already paid.
RISK OF TITLE. Title to the horse effectively passes to the Buyer at the fall of the auctioneer’s hammer. Risk of loss passes to the Buyer when the Buyer takes possession of the horse. The Seller assumes responsibility for the maintenance and care of the horse until the Buyer takes possession.
SALE COMPANY STATUS. The Sale 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 Seller, the Sale Company shall be a stakeholder and will be discharged from all obligations owing to the Seller or the Buyer on delivery of any property or funds held by the Sale Company to the court having jurisdiction of such dispute. The Sale Company makes no representation or warranty with respect to any horse, and the Buyer must look solely to the designated Seller 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.