CONDITION OF SALE 3. Arbitration under 1 or 2 above shall take place in AUSTIN, TEXAS. The arbitrator(s) shall have the authority to award attorney’s fees and costs incurred in the arbitration to the prevailing party. Judgment upon any award rendered by the arbitrator(s) may be entered by any party and any court having jurisdiction thereof. The prevailing party shall be entitled to reimbursement for reasonable attorney’s fees and other cost incurred in enforcing the arbitrator(s) judgment in court. FOURTEENTH - COLLATERALAGREEMENTS: The auctioneer shall not be bound by any oralorwrittenagreementorallegedagreementvaryingfromtheseCONDITIONSOFSALEbetween the buyer and the consignor unless agreed to by the auctioneer, and any controversy or claim between the buyer and the consignor arising under any such agreement shall be a matter for their resolution. FIFTEENTH - LIMITATIONS OF ACTION: Any cause of action arising out of the purchase and sale of any horse, or interest therein at this sale, whether it is based in contract or tort shall be commenced not more than one year after the sale. Provided, however, this limitation of action shall not apply to an action for the recovery from the buyer of the purchase price, plus interest and expenses, and including repossession of any horses purchased at this sale. SIXTEENTH - DISCLAIMER OF IMPLIED DUTIES: The Texas Quarter Horse Association shall attempt to protect the interests of both consignor and buyer, but the duties and obligations of the Texas Quarter Horse Association to such parties shall be strictly limited to only those expressly imposed upon the Texas Quarter Horse Association by these Conditions of Sale. ALL OTHER DUTIESANDOBLIGATIONS,INCLUDINGFIDUCIARYANDOTHERDUTIESWHICH MIGHTOTHERWISEBEIMPOSEDUPONTHETEXASQUARTERHORSEASSOCIATION BYOPERATIONOFLAW,AREHEREBYEXPRESSLYDISCLAIMED,EXCEPTTHATTHE TEXASQUARTERHORSEASSOCIATIONSHALLBEREQUIREDTOEXERCISETHAT STANDARD OF CARE GENERALLY EXERCISED BY OTHER COMPARABLE HORSE AUCTION COMPANIES. SEVENTEENTH - TOTALITY OF AGREEMENT: The entire contract of sale is embodied in these Conditions of Sale, the Acknowledgement of Purchase and the Security Agreement, and the AuthorizationtoBidrequest(ifany).Theseaforementioneddocumentsconstitutethefinalexpression of the parties’ agreement, and are a complete and exclusive statement of that agreement. Any attempt on the part of the buyer to unilaterally alter or modify these Conditions of Sale by marking changes ontheAcknowledgementofPurchaseandSecurityAgreementisprohibitedandshallbeinvalidand unenforceable. Notwithstanding the above, the consignor (including owner) and buyer may enter into an oral or written agreement, as set forth in Condition Fourteenth, which modifies the limited warranties as provided herein, however, any such action by the consignor and buyer cannot and shall not modify or alter the duties, responsibilities, and rights of the Texas Quarter Horse Association as provided in these Conditions of Sale and the Consignor’s Contract.
PLEASE BRING THIS CATALOG TO THE SALE SUPPLY IS LIMITED
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