Sale Terms & Conditions
CONDITIONS OF SALE
Thank you for attending the Horseman’s Choice Online Horse Sale. Please read and familiarize yourself with the Terms and Conditions of this sale. You will be bound by these terms and conditions whether you read them or not.
General Conditions of sale.
ALL PROSPECTIVE PARTICIPANTS ARE URGED TO TAKE NOTICE OF AND CAREFULLY READ THIS
DOCUMENT AND THE CONDITIONS OF SALE FOR THE AUCTION PUBLISHED WITHIN THE SALE
WEBSITE AND CONSULT AN ATTORNEY IF THEY HAVE ANY CONCERNS REGARDING ANY
HORSEMAN’S CHOICE LLC, A TEXAS LIMITED LIABILITY COMPANY, HEREAFTER, REFERRED TO AS “HC".
THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS MADE BY HC OR OWNER/SELLER AS TO THE MERCHANTABILITY, FITNESS FOR ANY PARTICULAR
PURPOSE OR OTHERWISE OF ANY HORSE. ALL HORSES SELL “AS IS, WHERE IS, WITH ALL FAULTS
AND DEFECTS, WITHOUT EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE OR MERCHANTABILITY”.
HC RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO ACCEPT OR REJECT THE REQUEST FOR A BUYER NUMBER.
Buyers have the right to and are encouraged to personally inspect any horse of interest thoroughly PRIOR TO
BIDDING OR BUYING. Veterinary assistance is encouraged and is the responsibility of any bidders. HC
provides a veterinary statement but does not guarantee or represent the validity of any findings in that statement.
All accounts must be paid BY The Next Business Day AT 5 PM CST FOLLOWING THE SALE. Make all payments directly to
the sale cashier and not to Owner/Seller under any circumstance.
Horses become the Buyer’s responsibility at the fall of the hammer. Buyers are advised to contact HC and Owner/Seller and
confirm that proper care is provided after the sale.
GENETIC TESTING RESULTS
GENETIC TESTING RESULTS ARE NOT GUARANTEED BY HC OR ANY OWNER/SELLER.
TRANSFER FEES ARE THE RESPONSIBILITY OF OWNER/SELLER. REGISTRATION CERTIFICATES
AND COMPLETED TRANSFERS WILL BE MAILED DIRECTLY TO AQHA OR APHA OR BE HANDED OUT BY HC AFTER SALE DAY WITH A SIGNED TRANSFER. NO TRANSFERS WILL BE RELEASED ON SALE DAY. THERE ARE NO EXCEPTIONS TO THIS RULE.
CATALOG INFORMATION AND ANNOUNCEMENTS
EVERY REASONABLE EFFORT HAS BEEN MADE TO ENSURE THE ACCURACY OF THE
INFORMATION PRINTED IN THE SALE CATALOG. HC DISCLAIMS RESPONSIBILITY FOR
THE CONSEQUENCES, IF ANY, OF ANY CATALOG ERRORS. HOWEVER, NOTIFICATION OF ANY
ERRORS WOULD BE APPRECIATED.
USE CAUTION WHILE ON THE PREMISES
All persons attending the auction, previewing horses or showing horses,at any facility, without limitation, do so at their own risk and are urged to use extreme caution.
UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE) A FARM ANIMAL
PROFESSIONAL OR FARM OWNER OR LESSEE IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF
A PARTICIPANT IN FARM ANIMAL ACTIVITIES, INCLUDING AN EMPLOYEE OR INDEPENDENT
CONTRACTOR, RESULTING FROM THE INHERENT RISKS OF FARM ANIMAL ACTIVITIES.
Unless announced otherwise, all payments for eligibility in major aged events that become due after the date of sale are
the responsibility of the Buyer, who should notify the proper association of new ownership.
Any Buyer who fails to obtain a pre-purchase examination does so at Buyer's sole risk and is subject to indemnity
obligations because all horses are sold “AS IS, WHERE IS, WITH ALL FAULTS AND DEFECTS, WITHOUT
EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR
All agree to save, HOLD HARMLESS and INDEMNIFY HC, Kason Wolfe (an individual), Hattie Wolfe (an individual), and their respective agents, employees, members, managers, partners, directors, officers and/or any person or entity acting on their behalf (together, the “HC Parties”), from and against any and all liability, debt, claims, suits, losses, damages, causes of action, judgments, costs and expenses, including attorney fees, arising or allegedly arising from (i) personal injury or death of any person (including but not limited to employees of Owner/Seller or Buyer) or any horse, including but not limited to any claims arising out of injuries or damages caused by the horse after the fall of the hammer, and (ii) property damage, including loss of use thereof, economic loss or otherwise, arising or growing directly or indirectly out of Owner/Seller’s or Buyer’s use of any of the facilities in connection with the sale, the conducting of the sale or anything occurring in connection with the sale.
The foregoing indemnity obligations shall apply whether or not the claim or liability in question results or is alleged
to result in whole or in part from the sole, concurrent, or comparative negligence or strict liability of the HC Parties, or any defect in the premises, equipment or tools owned, operated or controlled by the HC Parties. Accordingly, it is understood and agreed that in no case shall the HC Parties be responsible for any loss, death, damage, or injury of any character to any person, animal, article, or any personal property arising from or occurring prior to, during the sale or after the sale.
TERMS / CONDITIONS
FROM: HC, TO: All Sale Participants – TAKE NOTICE
CONDITION NO. 1 - GOVERNING LAW
Neither HC nor the HC Parties are responsible for any liability whatsoever, including, but not limited
to, the loss, damage, injury, death, or illness of any horse, person, or property before, during, or after the sale. All
horses consigned to the sale are offered in accordance with the laws of the State of Texas and all transactions
between the Buyer, Owner/Seller, and HC are governed by the laws of the State of Texas. Each horse offered in
the sale is sold “AS IS, WHERE IS, WITH ALL FAULTS AND DEFECTS, WITHOUT EXPRESS OR IMPLIED
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY”. In the event of any
legal dispute between the Buyer and the Owner/Seller, HC will occupy the position of agent for a disclosed
principal and stakeholder and will be discharged from all obligations owing to the Owner/Seller or Buyer upon
delivery of any property or funds held by HC to the court having jurisdiction of such dispute.
CONDITION NO. 2 - BIDDING PROCEDURE
The highest bidder shall become the Buyer. HC reserves the right to reject any and all bids.
CONDITION NO. 3 - BIDDING DISPUTES
If a dispute should arise between or among two or more bidders, HC shall settle the dispute, and his decision
shall be absolute, final, and binding on all parties. In such a case, HC has the right to reopen the bidding
procedure and ask for advanced bids, solely between the bidders having claimed the last bid. If there is no advance
bid, the horse shall be sold to the bidder from whom HC recognized the final bid. If for any reason the bid
should be reduced below the recognized bid at the beginning of such a dispute, HC may reopen the bidding
to all bidders with the highest bidder becoming the Buyer regardless of whether or not the final bid exceeds the bid
which was originally disputed. HC RESERVES THE RIGHT TO BID ON ANY HORSE OR ITEM
TO PROTECT THE SELLERS RESERVE. OWNER/SELLER MAY ALSO BID ON THEIR OWN HORSE TO
PROTECT THEIR RESERVE.
CONDITION NO. 4 - TITLE AND DELIVERY
Title passes to the Buyer automatically at the “fall of the gavel” which is the point in time when bidding has closed
online on the particular lot. At such time, Buyer assumes all risk of loss and the responsibility, maintenance, care
, and expenses for the horse sold passes immediately from the Owner/Seller to the Buyer, including, without
limitation, relating to the condition in the case of illness, injury, or death of any horse after it has been sold. Upon
the passage of title, the Buyer agrees to indemnify and hold the HC Parties harmless from all loss, cost, and expense including but not limited to (a) the illness, injury, or death of purchased horse, or (b) loss or damage to property, and (c) injury or death of persons caused by the Buyer, his agents, employees or the purchased horse. Title and all risks are assumed by the Buyer whether or not delivery has been made. Delivery of a purchased horse shall be contingent upon the Buyer making a full settlement to the sale cashier as described in Condition No. 5.
CONDITION NO. 5 - SETTLEMENT
Settlement for any purchase must be made in full and paid directly to the sale cashier within the specified time
announced prior to the commencement of the auction. Payment to any other source is prohibited and is not
recognized as settlement. Settlement for any purchase must be made for the full purchase price with U.S. Currency
or with funds from a U.S. Bank in the form of a bank check, credit card, cash, certified check or traveler's check, all
of which must have been approved by HC. The Buyer’s Acknowledgement of Purchase and Security
Agreement is not transferable without the approval of HC. The copy of the Buyer’s Acknowledgement of
Purchase and Security Agreement retained by Buyer must be presented by Buyer at the time of settlement. Any
person signing a check in the State of Texas is liable for the full amount of the check. Any party issuing a check
returned as “insufficient funds” or “payment stopped” or “account closed” or issuing a check that shall for any
reason not clear drawee’s bank, is subject to being prosecuted to the full extent of the law and is further subject to all legal and equitable remedies, including interest, court costs and attorney fees. Appropriate legal services will be
obtained in whatever jurisdiction necessary to secure performance of any payment given as settlement and all costs,
including attorney’s fees, incurred by Auctioneer/ HC shall be the responsibility of the party issuing such payment.
CONDITION NO. 6 – DEFAULT
After successfully winning a bid, all Buyers shall be responsible for the full purchase price, as stated, for the horse.
Buyers who fail in any respect whatsoever to make settlement as described in Condition No. 5, shall be declared in
default. The Owner/Seller, HC and/or HC Parties may bring suit against the party that is in default who
shall be responsible for all costs, including attorney’s fees, incurred by Owner/Seller, HC and/or HC Parties
in collection of amounts owing, or in enforcement or interpretation of the sale condition.
CONDITION NO. 7 – WARRANTIES
THERE IS NO WARRANTY, EXPRESS OR IMPLIED BY HC, HC PARTIES, OWNER/SELLER
OR ANY REPRESENTATIVE THEREOF, AS TO THE SOUNDNESS, PHYSICAL CONDITION, HEALTH,
DISPOSITION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY HORSE
OFFERED IN THIS SALE. All horses are sold “AS IS, WHERE IS, WITH ALL FAULTS AND DEFECTS,
WITHOUT EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR
MERCHANTABILITY”. Any and all guarantees announced on the Owner/Seller’s behalf in the description on the
website are made solely between the Owner/Seller and the Buyer.
CONDITION NO. 8. – BROODMARES
No Guarantees are made by HC, HC Parties or any representative thereof, regarding pregnancy status,
eventual foaling, or fertility of any horse offered for sale. Final pregnancy status on broodmares will be announced
at the time of sale on the Seller’s behalf and will take precedence over printed material in the catalog or in
advertising. Any contractual agreements between owners of broodmares in the sale and owners of stallions to which
these mares may have been bred are strictly between the Buyer and the Owner/Seller.
CONDITION NO. 9 - CATALOG AND ANNOUNCEMENTS
The accuracy of all information in the catalog is the sole responsibility of the Owner/Seller. While certain
information may have been procured by HC from third parties on behalf of the Owner/Seller, it is
nonetheless solely the responsibility of the Owner/Seller to verify the accuracy of such information. HC,
HC Parties or any representative thereof, does not assume any responsibility or liability for errors or omissions, or for any verbal or written statement regarding the horse sold.
CONDITION NO. 10 - REGISTRATION CERTIFICATES
A. All original registration certificates, transfer reports, and/or applicable breeders certificate guarantees,
and/or registration applications, will be held by HC until the Buyer's payment clears the drawee’s bank and
becomes unconditional credit. Upon payment clearance, all applicable paperwork will be forwarded directly to the
proper breed association from HC. The Owner/Seller shall be responsible for payment of all applicable
B. Pending registration applications being processed by the appropriate registration agency at the time of sale
will be returned from the agency to the Owner/Seller who shall in turn deliver to HC. HC will then
forward the registration certificate and transfer report to the proper breed association.
C. HC reserves the right to hand out Origanal registration papers and transfers after the sale.
CONDITION NO. 11 - AUCTIONEER DISCLAIMER
HC, HC Parties, or any representative thereof, does not act as agent for or represent the Buyer or
Owner/Seller, but only provides a medium for bringing together the Buyer and Owner/Seller for the purpose of a
sales transaction. There is no implied or express warranty made by HC, HC Parties, or any representative
thereof as to the marketability or suitability of any horse for a particular purpose.
CONDITION NO. 12 – DISPUTES
If a dispute should arise between Owner/Seller and HC or HC Parties or Buyer and HC or HC
Parties, all claims, disputes, controversies, differences, or other matters in question arising out of HC or
HC Parties’ relationship to any party in the matters stated in these Conditions of Sale (the claims) and all other
matters in which HC and HC Parties have provided any type of services at any time, whether or not those
matters are encompassed within this document (including, but not limited to compensation for fees, expenses and/or commissions) shall be settled finally, completely, and conclusively by binding arbitration in Weatherford, Parker County, Texas, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “Rules”), by one or more arbitrators chosen in accordance with the Rules. Arbitration shall be initiated by written demand of the party seeking arbitration. A decision of the arbitrator or arbitrators shall be final, conclusive, and binding on the parties and judgment may be entered thereon in the District Court of Parker County, Texas, to enforce such decision and the benefits thereof. Any arbitration held in accordance with this paragraph shall be private and confidential and no person shall be entitled to attend the hearings except the arbitrator(s), the stenographer, (if one is requested), the parties and the attorneys for the parties and/ or representatives designated by the parties. The matters submitted for arbitration, the hearings, and proceedings there under and the arbitration award shall be kept and maintained in strictest confidence by the parties and shall not be discussed, disclosed or communicated to any person. On request of any party, the record of the proceeding shall be sealed and may not be disclosed except insofar, and only insofar, as may be necessary to enforce the award of the arbitrators and any judgment enforcing such award. The prevailing party shall be entitled to recover reasonable and necessary attorneys’ fees and the costs of arbitration from the non-prevailing party. All Owners/Sellers, Buyers, bidders, and attendees voluntarily and intentionally waive any right that they may have to a trial by jury in respect to any litigation arising from or connected with this auction.
CONDITION NO. 13 - RADIOGRAPHS
HC encourages everyone to fully evaluate the radiographs available. Digital radiographs are not expected to prove an animal “perfect” or suitable for any particular purpose, rather, this practice merely allows interested parties the opportunity to make decisions based on information made available and gives interested parties the opportunity to consult with their own experts and/or
professionals to ultimately make determinations as they relate to any particular horse.
DIGITAL RADIOGRAPHS ARE NOT AVAILABLE FOR VIEWING AFTER A HORSE HAS SOLD.
you. The Site and Application allow you to place bids, monitor live auctions and perform other related activities in
connection with the Auction House (collectively, the “Services”). Your continued use of the Services after we have
modification of these Conditions of Sale will be binding unless in writing and signed by our duly authorized
representative or posted to the Site and/or Application by our duly authorized representative.