1. All out of state horses are required to have a current test and a health certificate. 2. LAW The horses offered sale are according to the laws of the State of Texas. 3. BIDDING DISPUTES The highest bidder will be the buyer, and if dispute arises between two or more bidders the horse or equipment in dispute shall immediately be put up again for advance bids. If there are no advance bids, the horse or equipment shall be sold to the person for whom the auctioneer recognized the last bid. 4. BUYERS PAYMENT Terms of sale are case (US FUNDS ONLY) to be paid on the day of sale. 5. GATE RELEASE Upon payment by the buyer to the Sale Cashier, the Cashier will issue an order to buyer which will release the horse or equipment from the grounds. Buyers are cautioned not to lose this release. All pass outs must obtain release from office before leaving auction grounds. 6. WARRANTIES With respect to any and all warranties, ELKHART HORSE SALES, auctioneers, clerks or other sale personnel do not represent the buyer or consigner but merely provide the medium for bringing together the buyer and the consigner for the purpose of sale transactions. All responsibilities and guarantees lie solely between Biyer and consigner, unless otherwise stated, at the time horse or equipment is put up for bids. 7. TITLE Title to and risk of loss pass from consigner to buyer immediately after horse or equipment is struck down by auctioneer. 8. Effective from time of purchase, the buyer assumes all responsibility for the maintenance of horse and/or equipment. 9. RISK OF LOSS Risk of loss passes from consigner to the buyer immediately after the horse or equipment is struck down by auctioneer. This shall especially be the condition in the case of illness, injury, or death of any horse after it has been buyer agrees to indemnify and hold the consigner, ELKHART HORSE SALES, harmless from all loss, or damage to property and injury or death of persons caused by the buyer, the buyers agents or employees. 10. CATALOG ERRORS Every effort has been made to assure correctness of the sale catalog. However the sale management, auctioneers, announcers, are not responsible for errors or omissions, and assume no liability on its part or on the part of the consigners. When errors or omissions are brought to the attention of the sale management, auctioneers or announcers, announcements will be made when the horse enters sale ring or equipment is being auctioned. Buyers are cautioned to pay close attention to the announcements made by the auctioneer or announcer at time of sale as these announcements take precedence over the printed material in the sale catalog. 11. CAUTION Everyone attending this sale agrees to save and hold harmless and indemnify ELKHART HORSE SALES auctioneers, announcers, and employees and representatives thereof, from and and all responsibilities, liabilities, obligations, claims, or legal proceedings arising from any and all accidents that may occur to horses, equipment, or loss by fire, theft, or for injury or death to any human or animal in anyway or manner. 12. INSPECTION OR HORSES AND EQUIPMENT All prospective buyers are cautioned and hereby advised to examine horses and equipment thoroughly before purchasing. 13. CHECK LIABILITY The law regarding insufficient fund checks or any check returned unpaid, is as follows: Any person signing a personalized check in the State of Texas will be held liable for the amount of the check. Acceptable form of personal identification will be required. No exceptions.