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Please read and understand these conditions prior to bidding on any horse in our auction. Conditions of Sale 1. All horses offered at auction are offered in accordance with the laws of the State of Texas, Arkansas, and Missouri and the laws of the State of Texas, Arkansas, and Missouri shall govern all transactions related to this auction based on current residence of individual consigned horses and consignors. 2. Sales Management is the collective group of consigners, listed as: Pondering Oaks Stables, Iola, TX; L & M Equine Services, Quitman, TX; Park Avenue Shetlands, Crosby, TX; Sweet Opal Shetlands, Mount Vernon, MO; and Comfert Shetlands, Everton, AR, and others as consigned. 3. All purchases are FOB from their place of residence. Delivery arrangements are the sole responsibility of the buyer. Some consignors may be willing to transport horses. Buyers should contact the consignor directly for rates and more information. 4. Each horse offered in this sale will be sold "AS IS", with all faults, conditions and defects, if any. Horses sold shall be without warranty, expressed or implied, as to soundness, condition, merchantability, or fitness for any particular purpose. 5. Bred mares confirmed in foal are sold with a live foal guarantee. The purchaser may, at their expense, return a mare sold with a live foal guarantee that loses said foal to Sale Management within 12 months of purchase to be rebred. The mare will be bred to a stallion owned by and standing at Sale Management at the time of rebreeding. This stallion stud service will be free of charge. 6. Every effort has been made to ascertain correct information, and to print the same in the Sale Catalog; however, Sales Management will neither assume nor accept responsibility for errors, omissions, or misstatements contained in the Sale Catalog. Announcements at the time of auction will take precedence over material contained in the catalog. 7. The auction sale is "an auction with reserve", that is, the owner shall have the right to establish a reserve, a price under which the horses will not be sold. The reserve in this auction shall be a published reserve in which the owner has established the said reserve, if any, as published in the catalog as a reserve or starting bid prior to the offer of each respective horse in the auction. 8. Horses shall be sold to the highest bidder, subject to condition number 4. In the event any dispute arises between or among two or more bidders, the Seller shall have the sole authority and right to settle the dispute, as determined in the sole discretion of the seller and that decision shall be final and binding on all parties. Bids received after the close of the auction are not a basis for dispute. The Seller reserves the right to reject any and all bids. 9. Upon the winning bid, risk of loss and responsibility for the horse shall be upon the buyer. Sales Management will provide feed, water and daily care for the horse during the grace period before pick up or shipment. See number 16 for more detail on grace period or extended stay. 10. Buyer agrees to issue payment to the seller within 24 hours following the conclusion of the auction sale. 11. Buyer agrees to hold the seller harmless from all losses, costs and expense, having to do with or rising from illness, injury or death of any animal offered or purchased, and any loss or damage to property and injury to persons, including death, caused by buyer, buyers agents, representatives or employees, or by the animal, following buyers purchase of an animal. 12. Not-with-standing, delivery of the horse purchased to buyer, Sales Management will retain all registration papers and transfers until payments have been verified, i.e. checks have cleared buyer’s bank, etc. Upon verification of payment, registration papers, along with properly executed transfer of ownership reports, and any other pertinent documents related to the animal purchased shall be prepared and mailed to the buyer.
13.
All purchases shall be in the form of U.S. currency: bank transfer/wire,
certified check, traveler’s check, PayPal**, Credit/Debit Card**, or
personal check if approved by seller. ALL BUYERS AND PROSPECTIVE BUYERS
MUST ESTABLISH BUYER IDENTIFICATION PRIOR TO SALE. Personal checks will
require us to hold papers until the checks clear. 14. Buyers who fail in any respect whatsoever to pay for horses, as provided in the Conditions of Sale and/or settlement procedures shall be declared in default. Any horse, for which full and complete settlement is not made, may be re-sold without notice to buyer, the cost of re-sale to be borne by buyer. 15. All horses will have a current, negative Coggins, any other health requirements and/or paperwork will be at the buyers expense including but not limited to, health certificate, piroplasmosis testing, or any other paperwork required by the buyers state or country. 16. Horses may remain at the seller's farm for a grace period of 15 days while pickup arrangements are made. After that period, or a period agreed upon by the seller and the buyer in writing or electronic communication, boarding fees will be charged. These fees will be established by the seller and should be considered prior to bidding on any animal in the sale. Rates will be as follows: Stallions $7.00 per day, Mares $6.00 per day and fillies or colts $5.00 per day. Pregnant mares may be boarded through foal delivery at $6.00 per day plus mare watch and delivery fee. Contact Sales Management for current broodmare management and foaling fees. 17. Seller has the right to substitute horses in the catalog as needed, without prior notification. 18. Seller has the right to sell any horse prior to the close of the auction. If you are interested in buying any horse outright please contact Sales Management. 19. Sale will run from 01/21/2012 through 02/04/2012 ending at midnight CST NOTE: Questions regarding the auction or its running should be directed to ponderingoaksstables@yahoo.com and questions regarding specific horses, hauling quotes etc. should be directed to individual consigners for answers and clarifications. ____ End ____
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