THIRTEENTH-ARBITRATION : 1. Any controversy arising out of a claim arising under WARRANTIES shall be settled by arbitration between the buyer and con- signor pursuant to the following procedure: Upon the auctioneer’s determina- tion that a claim under such CONDITIONS OF SALE has been timely and properly presented by the buyer pursuant to these CONDITIONS OF SALE, and upon notice from the auctioneer, the buyer and the consignor shall each se- lect a licensed veterinarian acceptable to the auctioneer. If such veterinarians fail to agree promptly as to the validity of the claim, they or the buyer and the consignor involved in the controversy, shall agree upon a third licensed veteri- narian. If such two veterinarians, or the buyer and the consignor, are unable to agree promptly upon the third veterinarian, the auctioneer shall appoint the third veterinarian. The third veterinarian’s fee, expenses and costs shall be paid by the party whose property the horse is determined to be. The panel of three vet- erinarians shall conduct any tests, investigation, or examinations which they deem necessary, and may, in their discretion, conduct a hearing by notifying the auctioneer to arrange for the hearing, and shall, by majority vote, determine the validity of the claim. The auctioneer shall determine the amount of reimburse- ment due to a buyer whose claim is found to be valid and may, in its sole discre- tion, conduct a hearing to aid in making such a determination, and such determination shall be incorporated in the award. 2. Any other controversy between or among the buyer, consignor & auctioneer arising out of a claim made under these CONDITIONS shall be settled by arbi- tration among the parties in accordance with the American Arbitration Assoc. 3. Arbitration under 1 or 2 above shall take place in a location to be designated by the Sale manager. Judgement upon any award rendered by the arbitrator(s) may be entered by any party and any court having jurisdiction thereof. The auc- tioneer will be entitled to reimbursement from the party whose property the horse is determined to be for reasonable attorney’s fees and other costs in- curred in the arbitration and any related court proceedings. FOURTEENTH-COLLATERAL AGREEMENTS: The auctioneer shall not be bound by any oral or written agreement or alleged agreement varying from these CONDITIONS OF SALE between the buyer and the consignor unless agreed to by the auctioneer, and any controversy or claim between the buyer and the consignor arising under any such agreement shall be a matter for their resolution.
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