Special Terms
In all events the Sale Company is acting only as Agent. Bidders by the act of bidding are agreeing to the terms and conditions printed herein. Consignors and their Agents who have submitted entries are obligated by the terms and conditions herein pursuant to having applied for entry of the horses in the sale.
The Sale Company or any partner, Individual or employee thereof, shall not be held legally liable for any action or suit-at-law whatsoever on the part of the Consignor, the person or persons for whom sale is held, or the Purchaser. Each animal offered will be sold under the following conditions, to wit:
TERMS – The purchase price shall be paid in full immediately after the animal is sold or the sale may be declared void at the option of the seller. All payments of purchasers must be made to the cashier of the sale in the form of U.S. currency, certified or cashier’s check, traveler’s check, or other form of payment approved in advance by the Sale Company. However, the Sale Company does not guarantee the solvency of any purchaser. In the event that any check or draft is dishonored for any reason, the Sale Company shall have no liability or obligation other than to deliver the instrument to the Consignor without endorsement, warranty, recourse or other obligation of any kind, and the Consignor’s sole remedy shall be against the purchaser.
Upon the tender of payment by the purchaser, the cashier of the sale will issue an order for presentation to the superintendent of stalls for delivery of animals so paid for. Buyers are cautioned not to lose their orders. However, if payment is made in some form other than immediately available funds, the Sale Company shall have the option, in its discretion, to hold the registration certificate for the animal until all purchase proceeds have been finally collected by the Sale Company’s bank.
Mares believed in foal must have a breeding certificate signed by owner of stallion or his authorized agent, and no mares will be accepted with season fee to follow. Certificate from Veterinary as to pregnancy and breeding condition must accompany entry.
WARRANTS – Ages, heights, marks and other matters of that character are approximated and are not guaranteed unless expressly announced. We endeavor to verify records and have them authentically stated, but bidders should examine for themselves, as the catalog statements may be in error, and only such parts of them as the auctioneer shall especially designate are warranted. In case typographical or other errors are discovered, the auctioneer will announce them and a memorandum will be kept of such corrections, which take precedence over the printed matter in this catalog.
Buyers are therefore cautioned to pay attention to the auctioneer’s announcement. The person or persons for whom the sale is held is the responsible party for all representations of animals. THIS SALE COMPANY is not responsible for any unsoundness whatsoever and no animal can be rejected by the purchaser for any circumstance nor for any reason, real or unreal. When the Auctioneer’s gavel falls on the final bid, the animal is sold, except where a reserve bid has been placed by the Consignor.
RESPONSIBILITY – Immediately after the animal is sold it will be at the sole risk and responsibility of the buyer thereof, but possession of the animal cannot be obtained by him until payment in full has been made.
BIDS – In sums less than $100.00, advance bids of $10.00 will be accepted, from $100.00 to $500.00 bids of $25.00 will be accepted, from $500.00 to $1,000.00 bids of $50.00 will be accepted, and from $1,000.00 and up no bids less than $100.00. The highest bidder to be the buyer and if any dispute shall arise between two or more bidders, the animal in dispute shall immediately be put up again for advance bids. If there is no advance then the animal shall go to the person from whom the auctioneer recognized the last bid.
SPECIAL NOTICE – Purchasers are urgently requested for their own protection, to comply strictly with the foregoing, but should they fail to take advantage of the conditions, adopted mainly for their protection, they waive all recourse thereafter.
LIABILITY – Buyers and spectators are cautioned to take care of themselves while horses are being sold or shown in the sale ring. We urge all in attendance to keep clear of the arena where horses are being sold or shown, and upon failure to do so and resultant injury therefrom, the sellers disclaim all liability. Owners of farm or property where sale is being held and the Sale Company disclaim all liability. In case of accident to visitors, spectators, employees, or buyers, before, after or during the sales.
OF IMPORTANCE TO BIDDERS AND CONSIGNORS
SALE WILL BE CONDUCTED UNDER THE FOLLOWING TERMS AND CONDITIONS
The Blooded Horse Sales Company is authorized to decline any bid submitted by a person who the Blooded Horse Sales Company believes may be intoxicated or disorderly parties, or by those who have defaulted on former purchases, or by any persons who, in their judgment, are not reliable or responsible parties. And in case any purchaser fails to pay for and receive an animal struck down to him, the Blooded Horse Sales Company is authorized to accept the same amount from another person, or to accept the next highest bid, or they may if in their judgment it be in the best interest of all concerned, put the animal up for the second time. But in cases where the animal is not paid for fully in cash, the Consignor agrees to receive it back as unsold without attaching any liability to the Blooded Horse Sales Company, including without limitation non-payment due to the stoppage of payment of a check or draft or any action of that nature.
CATALOG AND ANNOUNCEMENTS – The Sale Company is not responsible for any statements made in this catalog or from the auction stand concerning horses listed herein for sale, or for any warranties expressed or implied on their behalf. Horses listed in this catalog are sold with their engagements, pregnancy status, condition and/or produce record as listed herein or announced from the auction stand at time of sale, such information being as represented by owner.
ANNOUNCEMENTS FROM THE AUCTION STAND TAKE PRECEDENCE OVER CATALOG. In case of misstatement, error or omission, the purchaser shall have redress only against the owner. The Sale Company shall endeavor to have correctly stated all catalog information; however, the owner is ultimately responsible for the correction of any errors or omissions prior to the offering of the horse for sale in the ring.
WARRANTIES, SOUNDNESS – Unless otherwise expressly announced at time of sale, there is no guarantee of any kind as to the soundness or condition or other quality of any horse sold in this sale except that horses which are unsound in eyes or are “cribbers” must be so announced. In addition, any horse of racing age which is nerved, any mare which is spayed or any horse which is on the stewards, starters or veterinarians list must be so announced at sale time. Any animal sold in this sale which is described at time of sale as a colt and does not at such time have two testes descended to the scrotum, or is described at time of sale as a gelding and is at such time a colt or ridgeling shall be subject to return to the Consignor as provided for in the condition below, except that the warranty with respect to descended testes does not apply to any horse sold prior to July 1 of his yearling year.
RIGHTS TO RETURN – Any horse sold in this sale whose condition must be announced at sale time as provided in the condition above, and is not so announced, shall be subject to return to the Consignor with refund of purchase price provided that immediately on learning of such defect the buyer forthwith notifies the Blooded Horse Sales Company in writing with supporting veterinary certificates as to the defect attached, such notification to be received by the Blooded Horse Sales Company within seven (7) days of the date the animal in question was sold. In the case of yearlings only the time limitation for filing notice of rejection is 48 hours from the start of the session in which the animal in question was sold. In the event of a question or dispute arising under the terms of this Sale condition, the Blooded Horse Sales Company reserves the right to appoint an impartial veterinarian to examine the animal in question and his decision shall be binding on all parties concerned.
BROODMARE – Any purchaser of a broodmare sold in this sale may have her examined after the fall of the hammer, and prior to removal from the sales premises by a veterinarian acceptable to the Sale Company. Any broodmare so examined whose pregnancy status or breeding status is found not to be as represented at the time of sale may be returned at buyer’s discretion to Consignor as unsold. In any event, the buyer’s decision to accept or reject any such broodmare whose pregnancy status or breeding status is found not to be as represented, must be communicated to the Sale Company before the broodmare is removed from sales premises. If the broodmare is found to be as represented, the purchaser shall pay the examination fee; if not as represented, the Consignor shall pay the said fee.
REGISTRATION CERTIFICATES – The registration certificate for each animal sold must be furnished by the Consignor except in the case of unnamed youngsters. Blooded Horse Sales Company will withhold settlement for all sales until registration certificates and in the case of race horses, eligibility papers, have been delivered, unless the purchaser agrees in writing to accept the animal without its papers. In the case of unnamed weanlings or yearlings, the Consignor is required to furnish a mating certificate and a signed transfer.
The parties agree that Springfield, Ohio, shall be the jurisdiction and venue of all matters concerning the sale of any horses with the Blooded Horse Sales Company. The terms and conditions of all sales transactions are governed by agreement and construed in accordance with the laws of the State of Ohio. Both Consignors and Bidders or Buyers hereby agree and consent that all disputes which may arise hereunder shall be litigated in the Courts of Springfield County, Ohio.
ATTORNEY’S FEES AND COSTS – Buyers hereby agree to fully reimburse Blooded Horse Sales Company for all attorney’s fees and costs incurred by it relative to any breach, default or nonperformance of these terms and conditions on the part of the buyers.
WARNING TO PURCHASERS - IMPORTANT!
Where Consignors report Futurity engagements of their youngsters a memorandum of these engagements is printed under the pedigree of each animal.
The Blooded Horse Sales Company is NOT responsible for any errors, misstatements or omissions in engagements so published in this catalog. The Consignor is the responsible party for all such statements.
There is no liability assumed by purchaser for any future payment in Futurity events. Payments may be made at purchaser’s option, but must be made when due to keep the entry eligible. All payments when made are forfeits.
This Company does not agree to furnish Registration Certificates, unless same are furnished by the consignor of the animal sold.
When horses are registered, but no Certificate accompanied entry, the necessary transfers to obtain certificate will be obtained if possible without cost to the purchaser.
Where animals are eligible to the Register under the rules of the Trotting Register Association at time of sale, but are not registered, this Company will make every effort to obtain the necessary papers to register the animal, but does not agree to do so.
As this Company cannot tell the cost of obtaining certificates, due to the fact that it cannot tell how many transfers will be necessary, this Company will not attempt to obtain Registration Certificates but will send the necessary papers direct to the buyer, if it succeeds in obtaining same.
It often requires considerable time to obtain the necessary transfers, and is often impossible, due to lack of attention to correspondence, the many hands through which horses have passed and other causes, but every reasonable effort will be made to promptly obtain Certificates requested by purchasers.
WIN–RACES AND STATEMENTS AS TO ELIGIBILITY
This Company does not and will not accept any responsibility as to the eligibility of any horse. Any statements regarding same is made by Consignor, who alone is the responsible party.
THE BLOODED HORSE SALES CO.
