Special Terms
CONDITIONS OF SALE: BIDDERS TAKE NOTICE
THIS SALE IS CONDUCTED IN ACCORDANCE WITH, AND ALL ACTS
OF INTERESTED PARTIES AND/OR CLAIMS BY THEM SHALL BE
GOVERNED BY THE FOLLOWING CONDITIONS OF SALE:
FIRST – APPLICABLE LAW: All horses in this sale are offered according
to the laws of the state wherein the sale is conducted. The right to bid, as
provided under law, is reserved for all consignors unless otherwise
announced.
SECOND – THERE IS NO WARRANTY EXPRESS OR IMPLIED BY
THE AUCTIONEER, SPONSORS, OWNER OR CONSIGNOR, AS TO
THE PERFORMING SOUNDNESS, MERCHANTABILITY OR
FITNESS FOR ANY PARTICULAR PURPOSE OF ANY HORSE
OFFERED IN THIS SALE. ALL HORSES ARE SOLD “AS IS” WITH
ALL EXISTING CONDITIONS AND DEFECTS EXCEPT AS SET
FORTH IN CONDITIONS EIGHTH, NINTH, TENTH AND ELEVENTH
BELOW. BUYERS SHOULD EXAMINE HORSES PRIOR TO
PURCHASING.
THIRD – BIDDING PROCEDURE: The person making the highest bid
recognized by auctioneer shall be the buyer. The auctioneer shall
immediately present the buyer with a document entitled Acknowledgement
of Purchase for signature. Should such presentation not be made prior to
commencement of bidding on the next lot offered, the buyer shall forthwith
identify himself or herself to auctioneer as buyer and sign the
Acknowledgement of Purchase. In the event that a person other than the
recognized buyer signs title to the horse, and immediately that such
erroneous signing of Acknowledgement of Purchase becomes known to the
auctioneer, he shall cause the Acknowledgement of Purchase to be
presented to the recognized buyer for signature. If the highest bidder fails to
immediately execute the Acknowledgement of Purchase or otherwise fails
to comply with the Conditions of Sale, or in the event of a mistake by the
auctioneer, Meri-J Ranch and/or Rita Crundwell reserves the option to resell
the animal and such resale shall terminate all obligations of Meri-J
Ranch and/or Rita Crundwell to honor any prior lot.
FOURTH – BIDDING DISPUTES: Should any dispute arise between or among
two or more bidders, the auctioneer shall forthwith adjudicate the dispute, and
his decision shall be absolute, final and binding on all parties. Bids received by
personnel employed by the undersigned have the same stature as bids received
by auctioneer. In case of dispute, the bidding shall be reopened for advance bids,
and if there be no advance bid, the horse is sold to the person from whom
auctioneer recognized the last bid. Advance bidding shall be restricted to the
disputing parties, unless the bid is reduced below the level of the recognized bid
at commencement of dispute, in which case bidding is reopened to all. The
auctioneer reserves the right to reject any or all bids.
FIFTH – TITLE AND DELIVERY: Title passes to buyer at fall of the
hammer. All risk of injury to the horse becomes buyer’s risk at passing of
title. Horse will be held for buyer by consignor until buyer makes settlement
as provided in CONDITION SIX below. Buyer shall immediately present
himself or herself to make settlement if requested by auctioneer, but in any
case shall so present himself or herself within thirty minutes of conclusion
of the sale. Upon settlement by buyer, horse will be delivered pursuant to a
“bill of sale” provided by undersigned to buyer or his or her representative.
Buyer or his or her representative shall present “bill of sale” to designee of
undersigned to remove horse from sale premises after taking possession, but
in any case taking possession of the horse by buyer or his or her
representative shall constitute delivery. Upon delivery, buyer shall cause
horse to be removed promptly from the sale premises, or shall be subject to
stable charges as determined by undersigned. In addition, should purchaser
fail to cause horse to be removed promptly, undersigned may cause horse to
be removed from sale premises at buyer’s risk and expense.
SIXTH – TERMS FOR SETTLEMENT: Buyer shall make settlement with
cashier of the undersigned. Payments to others, including consignors or
their representatives, 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 Acknowledgement of
Purchase is not transferable without the approval of Meri-J Ranch and/or
Rita Crundwell and the copy of the Acknowledgement of Purchase retained
by the buyer must be presented by the buyer at the time of settlement.
SEVENTH – DEFAULT: SHOULD BUYER FAIL TO COMPLY WITH
ANY TERM OR CONDITION OF THE SALE THE BUYER WILL BE
DEEMED TO BE IN DEFAULT. IN EVENT OF DEFAULT BY THE
BUYER THE UNDERSIGNED MAY, IN ITS ABSOLUTE DISCRETION,
PURSUE ANY REMEDY AVAILABLE AGAINST THE DEFAULTING
BUYER, INCLUDING, BUT NOT LIMITED TO, TAKING POSSESSION
OF THE AUCTIONED ITEM. In any such case defaulter shall be liable for
any deficit in his account after charging to his account all costs of maintenance
and resale including, 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 ANNOUNCED THERE IS NO REPRESENTATION OR
WARRANTY AS TO THE BREEDING QUALITIES OF ANY HORSE
DESCRIBED AT TIME OF SALE. 1) Each broodmare selling as “bred to” a
stallion will have been palpated within 10 days of sale, and reported at sale as
“in foal”, “open/barren”, or “ bred” (meaning an insufficient amount of time
has passed to determine pregnancy). 2) Any contractual agreements between
owners of broodmares in this sale and owners of stallions to which these
mares may have been bred do not follow the mares unless so indicated at time
of sale. The possible return to any stallion or possible refund of any stud fees
does not go with any broodmare unless so indicated at time of sale.
NINTH – WARRANTIES AS TO SOUNDNESS: UNLESS EXPRESSLY
ANNOUNCED FROM THE AUCTION BLOCK, OR BY OFFICIAL
PUBLICATION OF THE UNDERSIGNED, OR AS HEREINAFTER
PROVIDED, THERE IS NO WARRANTY OR GUARANTEE OF ANY
KIND AS TO THE SOUNDNESS OF CONDITION OR OTHER
QUALITY OF ANY HORSE SOLD IN THIS SALE.
TENTH – LIMITED WARRANTIES: Horses which are unsound in eyes
or mouth, are “cribbers”, “wind suckers”, or “crypt orchids” must be so
announced. Each bidder is encouraged to conduct such inspection and
examination of each animal 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 Meri-J Ranch and/or Rita
Crundwell title to the animal free from all adverse claims to ownership, use
or possession. Each animal is sold by the consignor WITHOUT
WARRANTY AND WILL ALL FAULTS.
ELEVENTH – CONSIGNEE STATUS: Meri-J Ranch and/or Rita
Crundwell is operating as an independent contractor engaged in the business
of conducting a consignment sale. Meri-J Ranch and/or Rita Crundwell has
compiled the Sale Catalog from information provided by the designated
consignor. All announcements by the auctioneer at the time of sale are made
on behalf 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, Meri-J Ranch and/or Rita Crundwell will
occupy the position of agent for a disclosed principal 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 Meri-J Ranch and/or Rita
Crundwell to the Court having jurisdiction of such dispute. Meri-J Ranch
and/or Rita Crundwell makes NO REPRESENTATION 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 to any
representation of limited warranty.
TWELFTH – CATALOG AND ANNOUNCEMENTS: Horses cataloged
in this sale are offered as represented by consignor, and auctioneer is not
responsible for the accurancy of information provided. In case of error or
omission, buyer shall seek redress only from consignor.
THIRTEENTH – 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.
By: Meri-J Ranch
Rita Crundwell