TERMS AND CONDITIONS
Examine Horses Prior To Purchasing!
PROSPECTIVE BUYERS: Please read and familiarize yourself with the “Terms and Conditions”
of this sale. You will be bound by them whether you read them or not.
HorseBreakers Unlimited LLC, 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.
LAW: These horses are offered for sale according to the laws of the State of Arizona. There is no representation or warranty express or implied by the auctioneers, owners, or Sale Management as to merchantability or fitness for any particular purpose of any horse offered in this sale.
ERRORS: Every effort has been made to assure correctness of this catalog. The Sale Management and auctioneers are not responsible for error or omissions and assume no liability on their part as to any statements, verbal or written, regarding horses sold. Auctioneer announcements take precedence over printed matter in this catalog.
BIDDING DISPUTES: 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 be no advance, the horse shall go to the person from whom the auctioneer recognized the last bid. The buyer shall sign a confirmation of purchase (Buyer’s Contract) upon check out. Seller reserves the right to be the highest bidder.
PASSOUTS: Bid must be declined before the horse leaves the sale ring. Original registration certificate, etc. will be released on consignments not sold (passouts) after all expenses are paid and seller’s check has cleared the bank. Originals will be released immediately if payment is received in cash.
PAYMENT: Payment in full must be made to the cashier immediately after the sale. All horses must be paid for through the Sale Office. Any payment made by the buyer to the consignor or any other party will not be regarded as valid or entitle the buyer to delivery or title to the horse. All payments shall be in U.S. currency. Method of payment shall be cash, cashier’s check, traveler’s checks, personal checks with valid driver’s license. All returned or insufficient funded checks will be immediately turned over to the County Attorney and charges will be filed.
REGISTRATION PAPERS: Buyers paying with cash may pick up registration papers and transfers on the day of the sale. For all buyers paying by check all registration certificates and transfer reports will be held by Sale Management until the buyer’s check clears the bank. Buyers shall be responsible for all certificate transfer fees and any other registration association fees.
LIMITED WARRANTIES: The seller is the responsible party for all representations or warranties, expressed or implied, concerning the condition of any horse. 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 consigner of each animal represents and warrants to the buyer and HorseBreakers Unlimited, LLC, the following: 1. The horse is sound of eyes, wind, and limb. 2. The horse is not a "cribber". 3. The horse has not been denerved, does not have navicular disease and is not foundered. 4. The sex or condition of a gelding or ridgeling is as described in the Sale Catalog. 5. The horse is not cold-backed or cinchy. 6. All horses descended from the stallion IMPRESSIVE must have a HYPP (Hyperkalemic Periodic Paralysis) test and the results must be disclosed. 7. 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 and HorseBreakers Unlimited, LLC is held harmless for the condition. If not called, consignor will pay full consignment fee on the horse. A recorded tape will be made of the entire auction that shall be used to settle disputes regarding statements made about the horses while in the auction ring. Any exceptions to this rule must be approved by Sale Management prior to the sale, printed in the Sale Catalog and announced in the ring during the sale. Consignor also further warrants and specifically guarantees that the consigned horse is, at the time of sale, free of any lameness or unsoundness; such warranty and guarantee to be in full effect for a period of not longer than three (3) days from the time of sale. If it is determined by Sale Management, and the Sale Management only that the consigned horse does indeed possess any unsound condition which is the result of a pre-existing condition prior to the sale, Consignor agrees to accept the horse back as unsold, with the cost of transporting said horse back to Consignor to be borne by the Consignor. Consignor will forfeit all consignment fees. Veterinary exams and/or x-rays will not establish grounds for rejection.
TITLE: Title to and risk of loss passes from the horse’s owner to the buyer immediately after the horse is struck down by the auctioneer.
CARE OF HORSES:
Effective from the time of purchase the buyer assumes all
responsibility for the maintenance and proper care of the horse. No
inhumane treatment, abuse, or neglect of any horse will be permitted
while the horse is on the sale ground premises.
RISK OF LOSS:
Risk of loss passes from the owner to the buyer immediately after
the horse is struck down by the auctioneer. This shall especially be
the condition in the case of illness, injury, or death of any horse
after it has been sold. The buyer agrees to indemnify and hold the
owner and Sale Management harmless from all loss, cost, and expense
arising from the illness, injury, or death of a horse or loss or
damage to property and injury or death of persons caused by the
buyer, the buyer’s agent or employees, or by the horse after the
horse has been purchased.
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 to covering stallion, unless other wise specified. Any purchaser of a broodmare sold in this sale as IN FOAL to a stallion may have her examined within three (3) days from the time of sale 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 veterinarians fee for examination and is liable for the catalog fee as if sold. If the broodmare is found to be as certified, the purchaser shall pay the examination fee. A signed Breeder’s Certificate must accompany all bred mares.
COGGINS TEST: All horses in this sale are to be tested negative for Equine Infectious Anemia (Coggins Test) within six months of sale date.
HEALTH CERTIFICATE: All horses in this sale must have a current health certificate dated within 30 days of the sale.
LIABILITY: Buyers and spectators are cautioned to be careful while on the grounds and particularly while horses are being shown or sold in the sale ring. All persons attending the sale do so at their own risk, according to A.R.S. 12-553. Neither the owners nor any person connected with this sale assume any liability, legal or otherwise, for accidents to persons or property before, during, or after the sale. ALL HORSES MUST BE REMOVED FROM SALE PREMISES BY 12:00 NOON THE DAY AFTER THE SALE.
Soundness is defined by Sale Management to mean that the consigned horse travels sound, i.e. hits the ground equally on all four feet at the trot when lounged in a circle on hard ground in each direction.
DEFAULT: In the event a Buyer fails to pay for or accept a horse sold to Buyer, the Sale Management Company reserves the right to accept the same purchase amount from another person, accept the next highest bid, put the horse up for sale a second time, or return it to Consignor as unsold. In any case, where a horse is not paid for fully in cash and/or check, including without limitation, refusal to pay, stoppage of payment of check or draft, return of check marked "Insufficient Funds," or "No Account," or the like, Consignor agrees to receive the horse back as unsold without any liability to the Sale Management Company, auctioneers, employees, or representatives thereof.
REJECTION: Sale Management reserves the right to reject at sale time any horse that in the sole judgment of Sale Management is not up to the quality of the sale due to poor condition, sickness, injury, or drugging. All horses entered may be subject to testing by a licensed veterinarian for medication and drugs at the discretion of Sale Management. Further, a Buyer, at his expense, may cause a veterinarian's examination prior to sale, including pregnancy or fertility examinations.
Catalog fees are non-refundable. In the case of injury, illness or death, a signed veterinary certificate is required.
GUARANTEES: All responsibilities and guarantees lie solely between Buyer and Consignor.
EVERY HORSE IN THIS SALE IS, TO THE BEST OF OUR KNOWLEDGE, FREE
OF ANY DISEASE, DEFECTS, OR UNSOUNDESS. ANY KNOWN DEFECT(S)
OR UNSOUNDNESS WILL BE CALLED IN THE SALE RING AT SALE TIME,
AND FOR THIS REASON,
ALL SALES ARE FINAL – NO ALLEY SALES