CONDITION OF SALE ELEVENTH - CONSIGNEE STATUS: Texas Quarter Horse Association is operating as an independent contractor engaged in the business of conducting a consignment sale. Texas Quarter Horse Association has compiled the Sale Catalog from information provided by the designated consignor. All announcements by the auctioneer at the time of the sale are made on behalf of the designated consignor and will take precedence over the printed provisions of the Sale Catalog. In the event of any dispute between the buyer and the consignor, Texas Quarter Horse Association will occupy the position of agent for a disclosed principal and stake holder and will be discharged from all obligations owing to the consignor or the buyer on delivery of any property or funds held by Texas Quarter Horse Association to the Court having jurisdiction of such dispute. Texas Quarter HorseAssociationmakesNOREPRESENTATIONORWARRANTYwithrespecttoanyanimaland the buyer must look solely to the designated consignor for recovery of any damage by reason of the failure of any representation or limited warranty. TWELFTH - CATALOG AND ANNOUNCEMENTS: Horses cataloged in this sale are offered as representedbyconsignor,andauctioneerandTexasQuarterHorseAssociationarenotresponsiblefor the accuracy of information provided. The accuracy of all information on the catalog page(s) is the soleresponsibilityoftheconsignor.WhileauctioneerandTexasQuarterHorseAssociationmayhave procured certain information from third parties on behalf of consignor, it is nonetheless solely the responsibility of consignor to verify the accuracy of such information and notify the Texas Quarter Horse Association of any corrections prior to sale. Consignor shall have the affirmative duty to examinethecataloguepage(s),onwhichhorsesconsignedbyhim/herappear,priortosaleandreport anyinaccuraciestotheTexasQuarterHorseAssociationsothatanappropriateannouncementismade prior to sale. All such announcements must be provided to the Texas Quarter Horse Association Sale Office, in writing, upon the earlier of (A) THIRTY MINUTES PRIOR TO SALE OF THE HORSE, OR(B)ATLEAST(10)HIPNUMBERSPRIORTOTHESALEOFTHEHORSE.Auctioneerhas the sole discretion as to whether to make any such announcements if received by the Texas Quarter Horse Association after such deadline. In case of error or omission, buyer shall seek redress only fromconsignor.CONSIGNORANDBUYERAGREETOHOLDAUCTIONEERANDTEXAS QUARTERHORSEASSOCIATIONHARMLESSFORANYLOSSINCURREDBYEITHER CONSIGNOR,BUYER,ORANYTHIRDPARTYASARESULTOF(A)AUCTIONEER’S FAILURETOMAKESUCHANNOUNCEMENTOR(B)INCORRECTANNOUNCEMENTS MADE BY AUCTIONEER. THIRTEENTH - ARBITRATION: 1. Any controversy arising out of a claim arising under WARRANTIES shall be settled by arbitration between the buyer and consignor pursuant to the following procedure: Upon the auctioneer’s determination that a claim under such CONDITIONS OFSALEhasbeentimelyandproperlypresentedbythebuyerpursuanttotheseCONDITIONSOF SALE, and upon notice from the auctioneer, the buyer and the consignor shall each select a licensed veterinarian acceptable to the auctioneer. If such veterinarians fail to agree promptly as to the validity of the claim, they or the buyer and the consignor involved in the controversy, shall agree upon a third licensed veterinarian. If such two veterinarians, or the buyer and the consignor, are unable to agree promptly upon the third veterinarian, the auctioneer shall appoint the third veterinarian. The third veterinarian’s fee, expenses and costs shall be paid by the party whose property the horse is determined to be. The panel of three veterinarians shall conduct any tests, investigation, or examinations, which they deem necessary, and may, in their discretion, conduct a hearing by notifying the auctioneer to arrange for the hearing, and shall, by majority vote, determine the validity of the claim. The auctioneer shall determine the amount of reimbursement due to a buyer whose claim is found to be valid and may, in its sole discretion, conduct a hearing to aid in making such a determination, and such determination shall be incorporated in the award. 2.Anycontroversyassertedbythebuyerand/orconsignoragainsttheTexasQuarterHorseAssociation arising out of a claim made under these CONDITIONS OR RELATED TO THIS SALE shall be settled by arbitration among the parties in accordance with the rules and regulation set forth by the American Arbitration Association.
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