TERMS AND CONDITIONS OF THE SALE
Thank you for attending the 2025 Diamond-McNabb Ranch Horse Sale. Please be aware of the following Terms and Conditions of the Sale, which will apply to all sales and which provisions are deemed accepted in their entirety by all prospective attendees, bidders and buyers. 1) Inspection. All horses will be made available for viewing and inspection prior to sale. PLEASE EXAMINE HORSES PRIOR TO BIDDING. All horses will have passed a basic veterinary exam prior to entry in the sale. Although efforts have been made to assure accurate representations of the horses’ current condition, history and performance record, all horses are sold “as-is” and “where-is,” except as otherwise expressly stated herein. 2) Representations. EXCEPT TO THE EXTENT EXPRESSLY STATED HEREIN, DIAMOND-MCNABB AND INVITED CONSIGNORS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THOSE SPECIFICALLY DESCRIBED HEREIN. Diamond-McNabb or the consignor, whichever is the Seller of a given horse, represents as follows: a. Good title to the horse is held by Seller and will pass to Buyer. b. The horse is sound of limb, heart, eyes and wind as of sale day. See section on soundness guarantee for full explanation. c. The horse is not a cribber. d. The horse is accurately described as to age and sex. In the case of stallions, this means that both testicles are descended on sale day. e. The horse has passed a Coggins test (obtained a negative result) in the 12 months prior to sale day. Coggins papers will be given to Buyer upon payment. CORRECTIONS OR CONDITIONS ANNOUNCED AT SALE TIME TAKE PRECEDENCE OVER CATALOG DESCRIPTIONS, AND THEREFORE CONDITIONS ANNOUNCED IN THE RING ARE ACCEPTED BY BUYER AND WILL NOT VOID, OR ALTER THE TERMS OF, ANY SALE. PLEASE PAY CAREFUL ATTENTION TO ANNOUNCEMENTS. 3) Bidding and Sales. The Sale is complete, and the risk of loss and responsibility for the horse pass to Buyer, when the gavel knocks. 1. The Buyer is the highest bidder as recognized by the Auctioneer. If the Auctioneer believes a legitimate dispute may exist between multiple bidders, the horse will immediately be opened to further bids from those bidders in dispute only. If no higher bid is made, the horse will be sold to the high bidder who was last recognized by the Auctioneer. The decision of the Auctioneer will be final. 2. All Diamond-McNabb horses will sell unless withdrawn prior to entering the sale ring, subject to the following: a. A minimum bid of $2,000 will be imposed at the Sale. Minimum bids will apply to horses age 4 and older. Any horse age 4 and older that receives no bid of $2,000 or more will remain the property of the seller. Sellers reserve the right to no-sale and retain ownership of horses 3-years-old and younger at any bid price, providing they do so before leaving the sale ring.
b.
Please see also item 9 regarding younger horses.
3. If payment is not made by Buyer, then Seller and/or Diamond-McNabb may pursue any legal remedy, including enforcement of the transaction by specific performance.
4. The Buyer grants Seller a security interest in the horse until such time as payment in full has been received by Seller. Title may be withheld by Seller until payment in full has been received.
4) Payment. Payment for all horse purchases and any related fees should be made to Diamond-McNabb, LLC. Personal checks, money orders, cashier’s checks and some major credit cards (a surcharge of 2% will apply) are accepted. Please have personal identification available. All payment will be made in U.S. currency.
1. AQHA, APHA and other registration paper transfers will be the responsibility of the buyer. Original registration papers and a signed transfer will be mailed to the buyer after expiration of the Good Fit Guarantee.
2. For any payments returned by the bank or paying institution, Buyers will pay a return processing fee of $20.
5) Guarantees of Soundness and Good Fit. Diamond-McNabb, LLC wants to run an honest sale of quality horses. In an effort to help responsible Buyers obtain the right horse for themselves, we offer the following Guarantees. 1. All horses will have a Soundness Guarantee (limb, heart, eyes and wind) for 48 hours after the gavel knocks. Soundness is defined as normal breathing, clear vision and no limping. In the event of unsoundness of limb, heart, eyes, or wind, Buyer must provide notice to Diamond-McNabb, LLC within the 48 hour period. After Buyer returns the horse and its condition is verified and the return is approved by Diamond-McNabb, LLC, Buyer will receive a full refund of the purchase price. Unsoundness will constitute a limp, unclear vision or unclear breathing as determined by Diamond-McNabb. Diamond-McNabb does not accept returns under the soundness
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