SIXTH-TERMS FOR SETTLEMENT: Buyer shall make settlement with cashier of the undersigned. Payments to others, including consignors or their represen- tatives, do not constitute settlement. Buyer shall present himself or herself to make settlement as provided in CONDITION FIFTH above for the full purchase price, such settlement to be in form of U.S. currency or equivalent acceptable to cashier. The Acknowledgment of Purchase is not transferable without the ap- proval of All American Ruidoso Horse Sales, LLC and the copy of the Acknowl- edgment of Purchase retained by the buyer must be presented by the buyer at the time of settlement. SEVENTH-DEFAULTERS: SHOULD BUYER FAIL TO COMPLY IN ANY RE- SPECT WITH CONDITIONS FIFTH AND SIXTH ABOVE, THE UNDER- SIGNED MAY, IN ITS ABSOLUTE DISCRETION, PURSUE ANY REMEDY AVAILABLE AGAINST THE DEFAULTING BUYER, INCLUDING, BUT NOT LIMITED TO, TAKING POSSESSION OF THE HORSE, RESALE OF THE HORSE AT PUBLIC AUCTION OR BY PRIVATE TREATY FOR ACCOUNT OF DEFAULTER. In any such case defaulter shall be liable for any deficit in his ac- count after charging to his account all costs of maintenance and resale, includ- ing, but not limited to, service charges, attorneys fees, costs of litigation, and damages available to undersigned by law. 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 encouraged to conduct such inspection and examination of each animal as the bidder desires prior to bidding. Except as otherwise announced by the auction- eer at the time of sale, the consignor of each animal represents and warrants to the buyer and All American Ruidoso Horse Sales, LLC title to the animal free from all adverse claims to ownership, use or possession. Except for the forego- ing limited warranty each animal is sold by the consignor WITHOUT WAR- RANTY 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 war- ranty (as the Sale Catalog or limited warranty might be modified by announce- ment at the time of sale) the buyer shall file with All American Ruidoso Horse Sales, LLC a written notice of rejection of the animal with such supporting certifi- cates as All American Ruidoso Horse Sale, LLC 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 pro- vided, 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 rea- sonable expenses incurred by the buyer in connection with the animal from the time of sale until the return to the consignor. 3. Neither All American Ruidoso Horse Sale, LLC nor QData/Robin Glenn Pedi- grees/AQHA will be held responsible for providing 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 either company be held liable in any way for buyer’s be- lated awareness of such information. 7
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