illness, injury, or death of any horse after it has been sold. Upon the passage of title, thee Buyer agrees to indemnify and hold the Auctioneer, any representative thereof, or consultants for harmless from all loss, cost and expense including but not limited to (a) the illness, injury or death of purchased horse, or (b) loss or damage to property and (c) injury or death of persons caused by the Buyer, his agents, employees or the purchased horse. Title and all risks are assumed by the Buyer whether or not delivery has been made. Delivery of a purchased horse shall be contingent upon the Buyer making a full settlement to the sale cashier as described in Condition No. 5. After a satisfactory settlement is made, delivery will be in the form of a release for the horse from the auction grounds. In addition to the release, the Buyer will receive the current Coggins test, proof of a current health inspection, and a copy of the registration certificate. No 6 Settlement Settlement for any purchase must be made in full and paid directly to the sale cashier within the specified time announced prior to the commencement of the auction. Payment to any other source is prohibited and is not recognized as settlement. Settlement for any purchase must be made for the full purchase price with U.S. Currency or with funds from a U.S. Bank in the form of check, or credit/debit card. A valid driver's license and/or other forms of positive identification are required upon settlement. Any person signing a check in the State of Colorado is liable for the full amount of the check. Any party issuing a check returned as "Insufficient funds" or "payment stopped" or "account closed" or a check that shall for any reason not clear the drawee's bank, will be liable for three times the amount thereof, costs, and attorney fees, and may be prosecuted to the full extent of the law. No 7 Default by Buyer After signing the Buyer's Acknowledgment of Purchase, the Buyer shall be responsible for the full purchase price, as stated, for the horse. A Buyer who fails in any respect whatsoever to make settlement as described in Condition No. 5, shall be declared in default. Upon default, any horse purchased by the Buyer may be resold by Auctioneer for the Seller and all costs associated with such resale shall be borne by the defaulting Buyer. Should such a resale fail to satisfy in full the balance due, the Buyer shall immediately pay Auctioneer the amount of the balance owing. The Seller or Auctioneer may bring suit against the Buyer who shall be responsible for all costs, plus reasonable attorney's fees, incurred by Auctioneer in collection of amounts owing, or in enforcement or interpretation of this contract and/or the sale condition. No 8 Warranties A. Prospective Buyers are hereby cautioned and advised by the Auctioneer to examine horses thoroughly prior to purchasing. Buyers have the right, at their expense, to have an on-site routine veterinary examination performed by a mutually agreed upon veterinarian on any horse prior to the sale. There is no warranty expressed or implied by the Auctioneer, any representative thereof, or consultants for as to the soundness, physical condition, health, or disposition, NOR AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE of any horse offered in this sale. All horses are sold "as is" with all existing conditions and defects except as expression directed below or as otherwise announced at time of sale on the Seller's behalf from the auction block. Any and all guaranteed announced on the Sellers behalf from the auction block are made solely between the sales and the Buyer and shall not be binding on or effective as against the Auctioneer.
Made with FlippingBook - Share PDF online