SALE CONDITIONS PLEASE READ CAREFULLY
First: RESERVE. The auctioneer will protect Consignors. Auctioneer reserves the right to reject any and all bids.
Second: TIE BIDS The highest bidder is the buyer. If any dispute arises between two or more bidders the animal in dispute will be immediately put up again for bids. If there is no increase in the amount bid, the animal will go to the bidder from whom the auctioneer recognized the last bid. Third: RESALE If the highest bidder fails to immediately execute the Sale Ticket or otherwise fails to comply with the Sale Conditions or the published settlement procedures or in the event of mistake by the auctioneer, the auctioneer reserves the option to thereafter resell the animal and such resale will terminate all obligations of Hershberger Performance Horse Sale Company and the consignor to honor any prior bid. Fourth: PAYMENT the sale of each animal is for Cash, Check, or Credit Card. Payment must be made in accordance with the published settlement procedures. All payments must be made to Hershberger Performance Horse Sale Company. Fifth: LIMITED WARRANTIES. Veterinary services are available to bidders in the stables and each bidder is encouraged to conduct such inspection and examination of each animal as the bidder desires prior to bidding. Radiographs are provided for public viewing of each horse. You are welcome to have your veterinarian go to our website to view the radiographs. They are on each horse in the photo section of each horses page.. Except as otherwise announced by the auctioneer at the time of sale, the consignor of each animal represents and warrants to the buyer and Hershberger Performance Horse Sale Company title to the animal free from all adverse claims to ownership, use or possession. Except for the foregoing limited warranty each animal is sold by the consignor WITHOUT WARRANTY AND WITH ALL FAULTS. In the event that any animal is not as represented in the Sale Catalog or on the breach of the foregoing limited warranty (as the Sale Catalog or limited warranty might be modified by announcement at the time of sale) the buyer shall file with Hershberger Performance Horse Sale Company a written notice of rejection of the animal with such supporting certificates as Hershberger Performance Horse Sale Company might require within 48 hours after the close of the Sale. in which the animal was purchased. If the buyer rightfully rejects the animal in the manner and within the time provided, the animal will be returned by the buyer to the consignor and the consignor will refund to the buyer the full purchase price of the animal together with all reasonable expenses incurred by the buyer in connection with the animal from the time of sale until the return to the consignor. OUR SOUNDNESS GUARANTEE; SIGHT OUT OF BOTH EYES, GOOD IN THE AIR, HIT THE GROUND SOUND ON ALL FOUR, AND NOT TO CRIB. 48 hour soundness guarantee. Sixth: TITLE. Title to and the risk of loss passes to the buyer when the animal is knocked down by the auctioneer. Effective from the time of purchase the buyer assumes responsibility for the maintenance and the care of the animal and agrees to care for such animal in accordance with approved husbandry practices and the stabling policies of Hershberger Performance Horse Sale Company. The buyer further agrees to indemnify and hold the consignor, Hershberger Performance Horse Sale Company and Westworld harmless from all loss, cost and expense arising from the illness, injury or death of such animal or loss or damage to property and injury or death of persons caused by the buyer, the buyer's agent or employees, or by the animal subsequent to the time of purchase.
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