EIGHTH-WARRANTIES AS TO DESCRIPTION: UNLESS OTHERWISE AN- NOUNCED THERE IS NO REPRESENTATION OR WARRANTY AS TO THE BREEDING QUALITIES OF ANY HORSE DESCRIBED AT TIME OF SALE. NINTH-WARRANTIES AS TO SOUNDNESS: UNLESS EXPRESSLY ANNOUNCED FROM THE AUCTION STAND, OR BY OFFICIAL PUBLICATION OF THE UNDERSIGNED, OR AS HEREINAFTER PROVIDED, THERE IS NO WARRANTY OR GUARANTEE OF ANY KIND AS TO THE SOUNDNESS OR CONDITION OR OTHER QUALITY OF ANY HORSE SOLD IN THIS SALE. TENTH-LIMITED WARRANTIES. 1. Horses which are unsound in wind (applicable only to racing prospects which have started) or eyes, are “cribbers”, “wind suckers”, “bleeders”, or “crypt or- chids/monorchids” must be so announced. Horses currently on any starters’ lists, or which have been administered Lasix in their last three (3) starts must be so announced. 2. Veterinary services are available to bidders in the stables and each bidder is en- couraged to conduct such inspection and examination of each animal as the bid- der desires prior to bidding. Except as otherwise announced by the auctioneer at the time of sale, the consignor of each animal represents and warrants to the buyer and AARHS 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 AARHS a written notice of rejection of the animal with such supporting certificates as AARHS might require within twenty-four (24) hours after the close of the Sale session 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. 3. Neither AARHS nor QDATA/ RGP nor AQHA will be held responsible for provid- ing information as to multiple embryos (foals born in the same year) or to embryo transfers out of mares or first dams in sale; nor will any of listed companies be held liable in any way for buyer’s belated awareness of such information. ELEVENTH-CONSIGNEE STATUS: AARHS is operating as an independent contractor engaged in the business of conducting a consignment sale. AARHS has compiled the Sale Catalog from information provided by the designated con- signor. All announcements by the auctioneer at the time of sale are made on be- half of the designated 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, AARHS will occupy the position of agent for a disclosed prin- cipal 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 AARHS to the Court having jurisdiction of such dispute. AARHS makes NO REPRESENTA- TION OR WARRANTY with respect to any animal and the buyer must look solely to the designated consignor for recovery of any damage by reason of the failure of any representation or limited warranty. TWELFTH-CATALOG AND ANNOUNCEMENTS: Horses catalogued in this sale are offered as represented by consignor, and auctioneer is not responsible for the accuracy of information provided. While certain information may have been pro- cured by auctioneer from third parties on behalf of consignor, it is nonetheless solely the responsibility of consignor to verify the accuracy of such information and to no- tify the auctioneer of any corrections prior to sale. With respect to produce records of broodmares, the terms “barren” or “open” shall mean that the mare was bred, was not found to have slipped, and failed to produce a foal. In case of error or omis- sion, buyer shall seek redress only from consignor.
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