Terms & Conditions
Terms & Conditions of the Sale
Consignor Terms & Conditions
Last updated June 7, 2022
Thank you for attending the 2022 Horseman’s Choice Select Cow 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. All responsibilities and guarantees lie between the buyer and seller.
COMMISSIONS: There will be a 4.5% Commission on both Buyer and Seller. 4.5% will be added onto the final bidding price at time of purchase. ONLINE BIDS: All online bids will be available on the Horseman’s Choice, LLC. APP & at bid.horsemanschoicellc.com.
ERRORS: Every effort has been made to assure the correctness of the catalog. The sales management and auctioneers are not responsible for error of omissions and assumes no liability on its part as to any statements verbal or written regarding horses sold. Buyers are cautioned to pay close attention to the auctioneer’s announcements as these announcements take precedence over the printed matter in the catalog.
BUYER REGISTRATION: All present buyers must register at the sale and receive a buyer registration card.
PAYMENT: The terms of the sale are credit card, cash, cashier’s check, travelers check or personalized bank check. Bank drafts are not accepted. No postdated checks will be accepted. Payment in full must be made to the cashier during or immediately after the sale. All payments shall be in U.S. currency and on US banks only. All payments must be made to “Horseman’s Choice LLC”. 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 for any other reason does 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.
IN-RING DISPUTE: If a dispute should arise between or among two or more bidders, the Auctioneer shall settle the dispute, and his decision shall be absolute, final and binding on all parties. Horses are at the buyer’s expense, risk, and responsibility from the instant the horse is knocked down by the auctioneer to that buyer.
RELEASES: Upon receiving payment for a horse, the cashiers will issue an order to obtain delivery. Buyers are cautioned not to lose these orders. Buyers must make arrangements for the care of stock until it can be removed.
GUARANTEES: The seller is responsible for any and all guarantees. Except as otherwise announced by the auctioneer, the consignor warrants the following: 1) Title of the horse is free and clear; 2) The animal is sound of eyes, wind and limb; 3) The animal is not a cribber, windsucker, stall weaver or parrot mouthed; 4) The animal has not been nerved or have navicular disease or is foundered; 5) The sex or condition as a gelding is as described in the sale catalog or announced at time of sale. If any of these conditions are announced, the consignor is held harmless for the condition. Except for the forgoing limited warranties, each animal is sold by the consignor without warranty and with all faults. Every horse is sold under this rule: therefore, no horses can be rejected by the buyer when struck off by the auctioneer. Prospective buyers are encouraged to examine horses thoroughly before purchasing.
DISPUTES: In the event a dispute should arise as to a particular defect which should have been, but was not announced, the buyer has the right to have a veterinarian examine the horse he had purchased to determine if the horse suffers from the defect. This examination is to be made at The Horse Sale at Will Rogers Memorial Center and is to be notified within 24 hours from the end of the sale in which the horse was sold. If the purchaser’s veterinarian determines the horse to have the alleged defect, the Sales Management agent shall appoint a veterinarian of its choice to determine if the horse has the defect and if the defect was present at the time of sale. His or her decision will be final. If the veterinarian determines that the defect was present at the time of the sale and it was not announced, the sale of said horse shall be null and void and the consignor must pay entry fee and commission as contained in the consignor’s contract, and the cost of the veterinary examination and veterinary work performed on the horse as a result of the said defect. The sale of the said horse is valid and enforceable, and purchaser assumes all cost and examination and treatment.
RIGHTFUL REJECTION: If the buyer rightfully rejects the animal in the manner stated above and within the time provided, the animal will be returned by the buyer to the consignor. The buyer will be refunded the full purchase price of the animal. ALL SALES ARE “AS IS”: SUBJECT ONLY TO GUARANTEES AND DISPUTES STATED ABOVE, EACH HORSE IS SOLD “AS IS” WITH ALL FAULTS, DEFECTS AND CONDITIONS, IF ANY, AND WITHOUT ANY FURTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. BUYER SHALL BE DEEMED TO ACCEPT ANY HORSE PURCHASED AS SUCH. Defaulters: SHOULD BUYER FAIL TO COMPLY IN ANY RESPECT WITH THESE CONDITIONS, AUCTIONEER MAY, IN ITS ABSOLUTE AND SOLE DISCRETION, PURSUE ANY REMEDY AVAILABLE TO IT AGAINST THE DEFAULTING BUYER, INCLUDING BUT NOT LIMITED TO TAKING POSSESSION OF THE HORSE AND/ OR RESELLING THE HORSE AT PUBLIC AUCTION OR BY PRIVATE SALE. In the event Auctioneer wishes to take possession of the horse upon Buyer’s default, Buyer agrees to return the horse by delivering to the location requested by Auctioneer at the time requested by Auctioneer. In any case, Buyer shall be liable for any deficiency after charging to Buyer’s account all costs of recovering the horse, all costs of maintenance and resale of the horse, including but not limited to service charges, and all attorney fees and costs of litigation. Buyer shall also be subject to all other relief available at law or in equity to the Auctioneer.
BIDDING PROCEDURES: The person making the highest bid recognized by the Auctioneer shall be the Buyer. Auctioneer will immediately present Buyer with a document entitled Buyer’s Acknowledgement of Purchase and Security Agreement for signature. Should such presentation not be made prior to commencement of bidding on the next lot offered, Buyer shall forthwith identify himself or herself to the Auctioneer as Buyer and sign the Buyer’s Acknowledgement of Purchase and Security Agreement. If the highest bidder fails to immediately execute the Buyer’s Acknowledgement of Purchase and Security Agreement or otherwise fails to comply with the Conditions of Sale, or in the event of a mistake by Auctioneer, Auctioneer reserves the option to re-sell the animal; such resale shall terminate all obligations of Auctioneer and Owner to honor any prior bid. Any sale participant who buys and signs a Buyer’s Acknowledgement of Purchase and Security Agreement is fully responsible for that purchase and cannot assign ownership to a second party. Owner’s Right To Bid: The right to bid in the sale is reserved for all Owners, including their disclosed and undisclosed agents, unless otherwise announced at time of sale. Buyers agree and acknowledge that Owners have the right to set reserves upon horses so entered which are not disclosed to Buyers and also have the right to conduct buy-bidding as related to their entries. If Owner elects to repurchase a consigned horse, Owner must do so by: (1) being the highest bidder and signing the Buyer’s Acknowledgement of Purchase and Security Agreement; or (2) submitting a completed written reserve bid form to Auctioneer at least thirty minutes prior to the horse being led into the ring for sale; or (3) instructing Auctioneer. Auctioneer thus reserves the right to bid on behalf of the seller up to the amount of the reserve bid. Under no circumstance will a reserve bid submitted on a consignment contract or which is turned in to a bid spotter or submitted in any form other than previously stated be accepted. Owner agrees that the Auctioneer is absolved from any liability if these procedures are not strictly followed. Owner’s Completed Sale: Owner warrants that Auctioneer is entitled to all applicable sale fees if a horse sells as a result of the sale. Owner agrees that Auctioneer shall use any means available to collect applicable fees if a horse sells as a result of the sale. Right of Exclusion/Refusal of Bids: Auctioneer reserves the right to refuse to accept and/ or to reject and/or to ignore any bid(s) from any person(s) whomsoever; provided, however, such exclusion of or refusal to accept bid(s) shall not be made on the basis of race, sex, color or creed. TITLE: Title to and risk of loss passes to the buyer when the hammer drops. Immediately after the horse is sold, it will be the sole risk and responsibility of the buyer.
COGGINS TEST: All horses in this sale are to have a current negative Coggins.
LIABILITY: Buyers and spectators are cautioned to be careful while on the grounds and particularly while horses are being shown or sold in the sale ring. Neither the owners nor any other person connected with this sale assume any liability legal or otherwise for accident to persons or property, before, during or after the sale. INSURANCE: Insurance is highly recommended for your new horse. Jones Equine Insurance Agency will be on-site to get your policy in place.
NOTICE: Horseman’s Choice, LLC. acts as a selling agency only. Every horse in the sale catalog must pass through the sale ring and all monies pass through the office. All horses must be removed from grounds or make stalling arrangements by Monday morning at 11:00 a.m.