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Special Notices to Buyers

Includes: Absentee bidding information

 

 

PROSPECTIVE BIDDERS ARE CAUTIONED: Buyers should read the entire Terms and Conditions of the sale printed on pages 29-32 of this catalog .

 

ANNOUNCEMENTS: To avoid making costly errors, please pay attention to all announcements made from the sales office and the auction stand, especially concerning horses on which you intend to bid .

 

EXAMINE HORSES PRIOR TO PURCHASE: Veterinary assistance will be available at bidder’s expense, on request to the sales company on Friday, April 25th from 12 - 5 p .m ., and Saturday, April 26th from 8- 10 a .m . Veterinary exams must be requested

by contacting the sales company in the stalling office and must be approved by the consignor .   Examine horses before bidding .

 

ACKNOWLEDGMENT OF PURCHASE: After making the final bid on a horse, the buyer will be asked to complete and sign the Buyers Acknowledgment of Purchase Agreement . Be sure to confirm the correct hip number and price before you sign .

PLEASE PRINT YOUR NAME and address clearly since this document is used for transfers, invoicing and in publishing sale results .

 

ALL ACCOUNTS MUST BE PAID AT TIME OF SALE.  All accounts must be paid in cash, check, or credit/debit card at the time of the sale .  The sale office will be open ONE HOUR after completion of the sale for buyers’ convenience . Cost of collection, including attorney’s fees, will be assessed to the buyer .

 

CARE OF HORSES AFTER SALE: Please be reminded that TITLE OF EACH HORSE PASSES AT THE FALL OF THE HAMMER . At that time, the purchaser assumes all risk and responsibility for the horse . Purchasers are advised to contact the consignor to confirm that proper care is being provided . ALL HORSES MUST BE MOVED FROM THE SALE PREMISES BY 10:00 A .M . OF THE DAY FOLLOWING

THE SALE . Any delays in shipment of horses must be approved by the sales office .

 

RELEASE OF HORSES: As stated in Terms and Conditions, buyers must pay for horses in the sale office and receive a payment form before release of horses may be granted to the buyer .

 

 

ABSENTEE BUYER INFORMATION

Buyers who cannot attend and wish to bid should visit http://equinescience .agsci .  colostate .edu/legends-of-ranching-information/ prior to the sale to register .  Through our website you can learn about the process and bidding options . Look for a menu option to sign-up and establish credit prior to the sale . Various options are available; these include "live" bidding, as well as pre-set bid limits arranged prior to the sale .

 

If you have questions about the process, please call Cassidy Kurtz at CSU Equine Sciences (970) 491-8373.

 

PHONE BIDDING: Phone bidding services will NOT be provided by CSU . If a potential buyer wishes to bid by telephone, that buyer should enlist a friend or colleague to be present at the sale and manage telephone bidding .


Terms and Conditions

Legends of Ranching Performance Horse Sale 2014

 

FROM: Colorado State University (the Auctioneer) TO: All Sale Participants – Take Notice

 

 

NO. 1 LIMITATION OF LIABILITY; GOVERNING LAW

Neither the Auctioneer, any representative thereof, nor their consultants shall be 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 Colorado and all transactions between Buyer, Seller and the Auctioneer are governed by the laws of the State of Colorado . Sellers are hereby

bound by the Consignment Agreement completed upon nomination of sale entry, as well as these Conditions of Sale .

 

NO. 2 BIDDING PROCEDURE

The right to bid or repurchase a horse is reserved by the Seller or his representative . Title of the horse passes to the Buyer automatically at the final fall of the Auctioneer’s gavel, unless such repurchase is clearly indicated immediately by the Seller, his representative, or the Auctioneer . The highest bidder shall become the Buyer . Any successful bidder shall sign a Buyer’s Acknowledgment of Purchase which shall

be presented by an auction clerk immediately after the purchase has been made . 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, but not the obligation, to reopen the bid and ask for advance 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 .

 

NO. 4 TITLE AND DELIVERY

Title passes to the Buyer automatically at the final fall of the Auctioneer’s gavel unless a repurchase is made by the Seller, his representative, or the Auctioneer on the Seller’s behalf . 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 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, any representative thereof, or consultants for 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 . After a satisfactory settlement is made, delivery will be in the form of a release for the horse from the auction grounds . In addition to the release, the Buyer will receive the current Coggins test and a copy of the registration certificate .

 

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 check, or credit/debit card . A valid drivers license and/or other forms of positive identification are required upon settlement . Any person signing a check in the State of Colorado 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 a check that shall for any reason not clear drawee’s bank, will be liable for three times the amount thereof, costs, and attorney fees, and may be prosecuted to the full extent of the law .

 

NO. 6 DEFAULT BY BUYER

After signing the Buyer’s Acknowledgment of Purchase, Buyer shall be responsible for the full purchase price, as stated, for the horse . A Buyer who fails in any respect whatsoever to make settlement as described in Condition No . 5, shall be declared in default . Upon default, any horse purchased by Buyer may be resold by Auctioneer  for the Seller and all costs associated with such resale shall be borne by the defaulting Buyer . Should such a resale fail to satisfy in full the balance due, the Buyer shall immediately pay Auctioneer the amount of the balance owing . The Seller or Auctioneer may bring suit against the Buyer who shall be responsible for all costs, plus reasonable attorney’s fees, incurred by Auctioneer in collection of amounts owing, or in enforcement or interpretation of this contract and/or the sale condition .

 

NO. 7 WARRANTIES

A. Prospective Buyers are hereby cautioned and advised by the Auctioneer to examine horses thoroughly prior to purchasing . Buyers have the right, at their expense, to have an on-site routine veterinary examination performed by a mutually agreed upon veterinarian on any horse prior to the sale . There is no warranty, expressed or implied by the Auctioneer, any representative thereof, or consultants for as to the soundness, physical condition, health, or disposition, NOR AS TO 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 except as expressly provided below or as otherwise announced at the time of sale on the Seller’s behalf from the auction block . Any and all guarantees announced on the Seller’s behalf from the auction block are made solely between the Seller and the Buyer and shall not be binding on or effective as against the Auctioneer .

 

B . The Seller does represent and warrant unto Auctioneer and the Buyer of each horse the following (unless otherwise announced at the time of sale): (1) The horse is not vision impaired; (2) The horse is not a “cribber”; (3) The horse has not been nerved, nor foundered, nor has navicular disease; (4) The sex of the horse is as


described in the catalog; (5) There is not an obvious gap between the upper and lower teeth; (6) The horse has not had abdominal or joint surgery; (7) Title of horse is free from all adverse claims of ownership, use, or possession and Seller agrees to defend title against all claims .

 

NO. 8 BROODMARES

No guarantees are made by the Auctioneer, any representative thereof, or consultants for, 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

Buyers are cautioned to pay close attention to announcements from the auction block regarding changes in the sale catalog, as such announcements take precedence over printed material . The accuracy of all information in the catalog is the sole responsibility of the Seller, as is the certainty that all announcements regarding catalog changes or warranties are made while the horse is in the auction arena .

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 and to make certain such changes are made public while the horse is in the auction arena . The Auctioneer, its representatives and consultants assume no responsibility or liability for errors or omissions, or for any verbal or written statement regarding the horse sold .

 

NO. 10 REGISTRATION CERTIFICATES

  1. All original registration certificates, transfer reports, and/or applicable breeders certificates, and/or registration applications, will be held by the Auctioneer until the Buyer’s payment clears the drawee 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 .

 

  1. 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 .

 

  1. Original registration certificate and accompanying paperwork will be released to Sellers for horses not sold (repurchases), after all expenses are paid and the Seller’s payment has cleared the bank .

 

NO. 11 HEALTH

All horses in this sale have been required to have been tested negative for equine infectious anemia (coggins test) . Additionally, all horses selling have been requested to have a health certificate issued to the auction grounds .


NO. 12 OTHER

  1. Each horse consigned to this sale, or a substitute, must pass through the auction arena and all transactions must go through the sale office .

 

  1. Hip numbers shall not be removed by the Seller or the Buyer while the horse is on the grounds .

 

  1. All persons attending this sale do so at their own risk, and are urged to use caution while on the sale grounds .

 

NOTE: WARNING UNDER COLORADO LAW, AN EQUINE PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISKS OF EQUINE ACTIVITIES PURSUANT TO SECTION 13-21-119, COLORADO REVISED STATUTES .

 

  1. Any item not covered in these Conditions of Sale shall be regulated according to the established customs and practices of professional auction management companies .

 

NO. 13 AUCTIONEER NOT AN AGENT

The Auctioneer, or any representative thereof, does not act as agent for nor represent the Buyer or Seller, but only provides a medium for bringing together the Buyer and Seller for the purpose of a sales transaction . In the event of any legal dispute between the Buyer and the Seller, Auctioneer will occupy the position of a mere 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. 14 DISPUTES

CHOICE OF LAW . The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement

of this contract . At all times during the performance of this contract, the Buyer and Seller shall strictly adhere to all applicable federal and State laws, rules, and regulations that have been or may hereafter be established . Venue for any action

arising from or in connection with this contract shall be exclusively in the Colorado District Court in and for the City of Fort Collins, Larimer County, Colorado .

 *I Agree to the terms and conditions above
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