TERMS AND CONDITIONS OF THE SALE
guarantee based on a post-purchase exam, comment or opinion of your veterinarian or any other individual, but maintains full authority to determine whether the horse is limping or unclear of vision or wind upon the horse’s presentation to our management staff within 48 hours of the sale. 2. All horses age 4 and older will have a Good Fit Guarantee from the time the gavel knocks until 8:00 PM MDT on June 30, 2025. In the event that a Buyer is dissatisfied with the horse’s performance (not soundness) during that distinct guarantee period, he or she may contact Diamond-McNabb, LLC during that guarantee period and return the horse for credit toward our sales within the following year, subject to the following: 1. The horse must be delivered to Diamond-McNabb within 72 hours of approval to return the horse, and must arrive in sound condition with mane and tail fully intact as sold. 2. Sale credit will be given up to the amount of the purchase price (excluding service fees, taxes and registration fees, if any) of the horse returned.
3. Sale credit must be used in the following Online Fall Sale (September 10-12, 2025) or the following Spring sale (June 6, 2026) and may not be carried forward to future years.
4.
Sale credit is not transferable to other parties.
i. Unused sale credit will not be refundable by Diamond-McNabb, LLC whether a new horse is purchased or not.
ii.
For example, if a Buyer acquires a horse in 2025 for $10,000 and returns it under this guarantee, and subsequently purchases a horse in 2026 using sale credit with a winning bid of $8,000, the Good Fit Guarantee is completed; no further credit or refund will be due.
Notwithstanding anything to the contrary in this section 5, Diemer True or Ken McNabb shall retain sole discretion and final authority to determine whether any claim under the Soundness Guarantee and the Good Fit Guarantee will be approved. 6) Attendee Risks. Attendees agree that they are present on the premises and attend the sale at their own risk. Hazards associated with horses, weather, group gatherings and numerous other conditions are unavoidable and accepted by attendees. Neither Diamond McNabb, LLC, Diamond Land & Livestock, LLC, Diamond Ranches, LLC, Ken McNabb Horsemanship, LLC, the Auctioneer, nor any other sponsor, vendor nor supplier shall have liability for accidents or injuries to person or property that occur on the premises or that are associated with inspections or attending the sale. 7) Exclusive Sale, No Alley Trading. The premises are for the exclusive use of the Diamond-McNabb Ranch Horse Sale. No other horses will be permitted on the grounds; any horse found on the grounds will be subject to going through the sale ring, and incurring a sale commission and a catalog fee, plus an unconsigned selling fee of $250. 8) Miscellaneous. These Terms and Conditions shall be binding upon and shall inure to the benefit of the parties and their respective heirs, legal representatives, successors and assigns. This Agreement shall be controlled, construed and enforced in accordance with the laws of the State of Wyoming. Venue for any action between the parties shall be in the Seventh Judicial District, Natrona County, Wyoming. Time is of the essence in the performance of the rights, remedies and obligations contained herein. These Terms and Conditions contain the entire understanding of the parties and supersede all previous and contemporaneous statements, negotiations, agreements, representations or understandings, whether written or oral.
9) Production Horse Amendments. The following two conditions apply to all sale horses age 3 years and younger only:
i. The Seller may “no-sale” or “pass-out” the horse, electing to retain the horse rather than sell it, if he does so before the horse leaves the sale ring. ii. Neither Diamond-McNabb nor other Sellers will offer a Good Fit Guarantee on these young horses. They may not be returned under this Guarantee.
Additional Notice:
Please be aware that Wyoming law recognizes that there is “inherent risk” associated with equine activities, and that risk is assumed by the participant rather than the provider of the equine activity. “Any person who takes part in any sport or recreational opportunity assumes the inherent risks in that sport or opportunity, whether those risks are known or unknown, and is legally responsible for any and all damage, injury or death to himself or other persons or property that results from the inherent risks in that sport or recreational opportunity.” WS 1-1-121, 122 and 123.
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