NO OTHER WARRANTY: Any potential buyer may have any horse examined by a veterinarian of his choice and at his expense prior to the sale of the horse. This right given to a potential buyer is given in lieu of any warranty of quality, condition or otherwise. Therefore, CONSIGNOR MAKES NO WARRANTY, EXPRESS OR IMPLIED, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUCH WARRANTIES BEING HEREBY SPECIFICALLY EXCLUDED, AND CONSIGNOR OR SALE MANAGEMENT FURTHER MAKES NO WARRANTY THAT ANY HORSE IS SUITABLE FOR SHOW OR BREEDING OR ANY OTHER PURPOSES, EACH HORSE IS SOLD ‘AS IS’ AND WITH ALL EXISTING CONDITIONS AND FAULTS. Neither the Consignor, sale management, auctioneer or any other person is authorized to make warranties about any horse. No oral or written statement constitutes any warranty, and all such oral or written statements, other than those contained herein, shall be relied upon by any bidder or buyer, and are not part of any contract of sale.
SEVERABILITY: If any provision of these CONDITIONS OF SALE is held to be illegal or invalid, such illegality or invalidity shall not affect the remaining provisions of these CONDITIONS OF SALE, and they shall be continued and enforced as if such illegal or invalid provision had never been inserted herein.
PREAPPROVAL OF BIDDERS: Every person desiring to place bids during the auction must obtain approval to do so from Addis Equine Live prior to the commencement of the auction. Addis Equine Live requires that you be approved before you can bid. To get approved, log in to Addis Equine Live and click 'My Account' under your name. At the bottom of the page there is an Apply For Bidding link which takes you to a banking information form. (Note: Banking information is required to apply for bidding) Once there, enter your banking information and click 'Submit'. You will receive an email confirmation after your application has been reviewed. After being approved you may bid on any of the lots.
WARRANTY OF PEDIGREE: Seller warrants horse’s pedigree as represented.
REGISTRATION PAPERS: Registration papers shall not pass to the purchaser until the horse has been paid in full.
WARRANTY OF REGISTRATION: Seller warrants horse’s registration as represented.
WARRANTIES ON LIABILITY OF SALE MANAGER: The sale management makes no representation and/or warranties whatsoever with respect to the sale horses. All representations and warranties contained herein are made by the seller only.The sale manager, its officers, directors, employees and/or representatives shall not be liable for any loss, sickness, disease, or injury of sale horses.
RISK OF LOSS: Immediately after the horse is sold, it will be the sole risk and responsibility of the buyer thereof.
BIDDING: The highest bidder shall be the buyer and if any dispute arises between two or more bidders, the horse in dispute will immediately be put up again for advance bids. If there be no advance,the horse shall go to the person from whom the auctioneer recognized the last bid. The auctioneer will decline any bid made by persons who in his judgment are not responsible bidders.
DEFAULT OF PURCHASE: If any person shall purchase a lot and not pay for it as prescribed above, the seller shall have the right to resell the lot or, at his option, bring action for specific performance, inwhich event the defaulting buyer agrees to pay all costs of such suit together with attorney fees as fixed by the court. In the event of resale, the defaulting buyer agrees to pay all costs of resale, plus any price deficiency.
DELIVERY TO BUYER: No horse shall be delivered to the buyer until payment has been made on the day of the sale by one or more of the aforementioned means.
TRANSPORTATION: Buyer, at his own expense, shall transport horse from the sale.
LAW AND TAXES: The terms and conditions shall be construed and governed by the laws of Oklahoma in effect as of date of sale, and any dispute shall be resolved pursuant to the laws of the state ofOklahoma and jurisdiction and venue shall be irrevocably in Logan County, Oklahoma.
DISPUTED CASES: In all disputed cases, the sale manager shall have the sole right to appoint an expert who shall decide the point at issue, and his decision shall be binding on both buyer and seller. Whoever is decided to be in the wrong shall pay the cost for the expert so appointed. Any disputes between a bidder, buyer or seller or seller’s agents which cannot be resolved by any expert, described above shall at the option of the sale manager, be submitted to binding arbitration in accordance with the laws of the State of Oklahoma.
BREEDING CONTRACTS: Any contractual agreements between owners of brood mares in this sale and owners of stallions to which these mares may have been bred do not follow the mares unless so announced at timeof sale. The possible return to any stallion or possible refund of any stud fee does not go with any brood mare unless so announced at time of sale.
WITHDRAWAL RIGHTS: Sale manager reserves the right to withdraw any horse from the sale without liability to anyone.