SALE CONDITIONS PLEASE READ CAREFULLY
Seventh: REGISTRATION. Hershberger Performance Horse Sale Company will send the papers to AQHA. Unless paid by cash or certified funds in which case they will be available on sale day..
Eighth: DEFAULT. The failure of any buyer to comply with these Sale Conditions and the Settlement Procedures will constitute default by the buyer. At any time after the buyer's default, Hershberger Performance Horse Sale Company for the consignor will have the option without notice to the buyer to: a. cause the animal which is the subject of the default to be resold at public or private sale and any deficiency together with the expense of such resale, will be paid by the buyer; or b. compel the defaulting buyer to pay the purchase price of the animal; or c. maintain an action for damages arising from such default. All accounts not paid within ten days after demand will bear interest at the rate of eighteen (18%) per annum. All court costs, filing fees, expenses of collection (including reasonable attorneys fees) and all expenses of insuring, maintaining, transporting and reselling any animal incurred by the consignor and/ or Hershberger Performance Horse Sale Company arising from the buyer's default will be paid by the buyer. Nineth: CONSIGNEE STATUS. Hershberger Performance Horse Sale Company is an independent contractor regularly engaged in the business. All announcements by the auctioneer at the time of the sale are made on behalf of the 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, Hershberger Performance Horse Sale Company 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 Hershberger Performance Horse Sale Company to the Court having jurisdiction of such dispute. Hershberger Performance Horse Sale Company makes NO REPRESENTATION OR WARRANTY with respect to any animal and the buyer must look soley to the designated consignor for recovery of any damage by reason of the failure of any representation or limited warranty.
Tenth: GOVERNING LAW The Sale and all transactions between the buyer, consignor and Hershberger Performance Horse Sale Company will be governed by the laws of the State of Arizona.
Eleventh: The horses included herein are offered for sale according to the laws of the State of Arizona. The right to bid in this sale is reserved for all sellers, including their disclosed and undisclosed agents, unless otherwise announced at time of sale. Twelfth: The undersigned shall endeavor to protect the interests of both consignor and purchaser but the duties and obligations of the undersigned to such persons shall be strictly limited to those expressly imposed upon the undersigned by these Conditions of Sale. ALL OTHER DUTIES AND OBLIGATIONS, INCLUDING FIDUCIARY AND OTHER DUTIES WHICH MIGHT OTHERWISE BE IMPOSED UPON HERSHBERGER PERFORMANCE HORSE SALE COMPANY BY OPERATION OF LAW, ARE HEREBY EXPRESSLY DIS CLAIMED, EXCEPT THAT HERSHBERGER PERFORMANCE HORSE SALE COMPANY SHALL BE REQUIRED TO EXERCISE THAT STANDARD OF CARE GENERALLY EXER CISED BY OTHER COMPARABLE HORSE AUCTION COMPANIES. Thirteenth: Every one in attendance at this sale agrees to hold harmless and indemnify Hershberger Performance Horse Sale Company and Westworld, it’s agents or employees from and against any and all liability, debts, claims, suits, losses, damages, causes of action, judgments, costs and expenses, including attorney’s fees arising or allegedly arising from personal injury or death of any person or horse, out of the Consignors use of any of the facilities in connection with the Consignors sale due in any manner to the negligence or intentional acts of the Consignor, any of its employees, agents or servants in the performance of the Consignors sale or any act, error, omission or negligence of the Sales Management Company occurring concurrently with that of the Consignor or contributing to any loss indemnified hereunder, except for the sole negligence or willful misconduct of the Hershberger Performance Horse Sale Company.
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