TERMS & CONDITIONS IN PERSON SALES IN CONJUNCTION WITH ONLINE SALE
1) The Sales management acts only as an agent on all sales and are not responsible for buyer/sellers errors or misunderstanding. ALL RESPONSIBILITY AND GUARANTEES ARE BETWEEN BUYER AND SELLER. I also recognize that all agreements and disputes are between me as a seller and the purchaser, as determined by Auc�oneer a nd R&J Horse Sales Inc, and that neither the R&J Horse Sales Inc. nor auc�oneer has any obliga�on, duty, or liability to me with respect to performance or nonperformance by any purchaser, and that any disputes will be resolved in the district court for Wadena County. Except as provided in ou r soundness guarantee (#5), all horses are sold “AS IS” without any other express or implied warran�es and are not sold to s tand a post purchase veterinarian examina�on, nor is rideability guaranteed. Examine all horses thoroughly prior to purchase.
2) Completed consigned forms must be accompanied by the catalog fee and original registra�on papers.
3) Mares selling in foal must have a completed and signed breeder’s cer�ficate or a leter from the stallion owner sta�ng the breeder’s cer�ficate will be issued at foaling.
4) R&J Horse Sales (and the en��es and/or individuals responsible for conduc�ng same) are merely ac�ng as an auc�oneer as to all sales or poten�al sales and are not responsible for any error, misunderstanding, misrepresenta�on, rejec�on or any par�cular sale, failure to pay as bid, condi�on of the horse or any other basis for dispute between the buyer and seller/consignor/owner. 5) R&J Horse Sales Soundness Guarantee - What we here at R&J Horse Sales consider sound is: Sight out of both eyes, good in the air, hit the ground sound on all four, and not to crib. All horses come with a 24- hour guarantee. If the horse sells at 6pm Saturday of our sale the horse will be guaranteed sound for an addi�onal 24 hours – end of the day Sunday. The seller/consignor/owner of the horse must disclose fully any defects and these must be called when the horse is sold or printed in the catalog. Any defects (example: vision impaired, hearing impaired, cryptorchid, cribber/weaver, tail medically altered, mane/tail extensions) not disclosed will cause the horse to be returned to the sale grounds in a reasonable �me period. The consignor will be responsible for the catalog fee as well as the 8% of the final selling price and boarding fee of $25 per day that the horse is at R&J fac ility. R&J Horse Sales does not guarantee you can ride the horse or the behavior of the horse, that is buyers responsibility to check before purchase.
6) The commission will be eight percent (8%) of the selling price or $50 minimum whichever is greater. The consignor will have t he privilege to “no sale” (pass out) his horse. If the horse is passed out, pass out fee is $50.
7) Only horses consigned to the sale will be allowed on the sale grounds. All horses sold before, during and a�er the sale will be subject to the 8% sales commission in addi�on to the catalog fee. All consignments must go through the sale ring.
8) An individual nega�ve Coggins yest (that is current within 12 months) must be provided by the seller/consignor/owner for each horse prior to being offered for sale.
9) The catalog fee is non- refundable. Seller/consignor/owner agrees not to withdraw entry except for serious injury or sickness and will furnish R&J Ho rse Sales with a veterinary statement confirming such condi�on prior to the horse being offered for sale.
10) Upon execu�on of this contract, seller/consignor/owner agrees not to dispose of the horse by private sale. any horse withdrawn from the sale, for any reason other than infirmity will be assed 8% of the selling price or a $500.00 penalty, whichever is greater, and addi�on to the catalog fee.
11) Any horse selling as Papers in Associa�on will have sale proceeds withheld from the consignor un�l original registra�on papers are received in the R&J Horse Sales office.
12) Checks will be mailed within 5 banking days to consignors unless there is an issue with registra�on paperwork from consignor on horses sold.
13)
All horses must be tagged and go through the ring
14) Horses won’t be allowed through ring un�l consignor has checked in at once the day of sale
15)
No horses allowed in barns that are not consigned to the sale
16)
All horses sold in catalog order
17) PICTURES AND VIDEOS ARE WELCOMED AND ENCOURAGED. Our sales are na�onally adver�sed, and buyers travel many miles for the opportunity to buy your horse. All pictures are subject to a selec�on process and will be approved by Auc�on Company for publication. 18) Immediately a�er the horse is sold, it will be the sole risk and responsibility of the buyer thereof, but possession of the horse cannot be obtained by him un�l payment in full has been made.
19)
Buyer to pay one transfer fee
20)
No refunds of catalog fee
21) The highest bidder will be the buyer, and if dispute arises between two or more bidders, the horse in dispute shall immediately be put up again for advance bids. If there be no advance bids, the horse shall go to the person from whom the auc�oneer recognized the last bid. The auc�oneer will decline any bid made by par�es who have defaulted in former purchases, or by persons who, in his judgment, are not responsible bidders. 22) Terms of sale are cash, check, credit card, wire transfer and payment in full to be made to the cashier immediately after the sale. 23) Upon receiving payment for a horse, the cashier will issue an order to obtain delivery. Buyers are cautioned not to lose these orders. Buyers assume all expenses and risks on horses after they have left the auction ring . Buyers must make arrangements with the sale company for care of stock until it can be removed. 24) Upon failure of compliance with any of the above condi�ons, the lot shall be resold by public or private sale, and the deficiency (if any) atending such resale shall be made good by the defaulter immediately. If any person shall purchase a lot and not pay for it as prescribed above, nothing shall prevent the auc�oneer or the owner from compelling the purchaser to pay for it if the auc�oneer or seller shall so deem fit. 25) Buyers and spectators are cau�oned to be careful while on the grounds and par�cularly while horses are being shown in the ring. The management cannot be responsible for any accidents.
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