Rudioso Sale-aug2017-Rev1

SIGNED MAY, IN ITS AB SO LUTE DIS CRE TION, PUR SUE ANY REM EDY
AVAIL ABLE AGAINST THE DE FAULTING BUYER, IN CLUDING, BUT NOT
LIMITED TO, TAKING POS SES SION OF THE HORSE, RE SALE OF THE
HORSE AT PUB LIC AUC TION OR BY PRI VATE TREATY FOR AC COUNT OF
DE FAULTER. In any such case de faulter shall be li a ble for any def i cit in his account
af ter charg ing to his ac count all costs of main te nance and re sale, in cluding,
but not lim ited to, ser vice charges, at tor neys fees, costs of lit i ga tion, and
dam ages avail able to un der signed by law.
EIGHTH-WAR RANTIES AS TO DE SCRIP TION: UN LESS OTH ER WISE AN-
NOUNCED THERE IS NO REP RE SEN TA TION OR WAR RANTY AS TO THE
BREEDING QUAL ITIES OF ANY HORSE DE SCRIBED AT TIME OF SALE.
NINTH-WARRANTIES AS TO SOUNDNESS: UNLESS EXPRESSLY
ANNOUNCED FROM THE AUCTION STAND, OR BY OFFICIAL PUBLICATION
OF THE UNDERSIGNED, OR AS HEREINAFTER PROVIDED, THERE IS NO
WARRANTY OR GUARANTEE OF ANY KIND AS TO THE SOUNDNESS OR
CONDITION OR OTHER QUALITY OF ANY HORSE SOLD IN THIS SALE.
TENTH-LIMITED WARRANTIES.
1. Horses which are un sound in wind (ap pli ca ble only to rac ing pros pects which
have started) or eyes, are “crib bers”, “wind suck ers”, “bleed ers”, or “crypt orchids/monorchids”
must be so an nounced. Horses cur rently on any start ers’
lists, or which have been ad min is tered Lasix in their last three (3) starts must be
so an nounced.
2. Vet er i nary ser vices are avail able to bid ders in the sta bles and each bid der is
en cour aged to con duct such in spec tion and ex am i na tion of each an i mal as the
bid der de sires prior to bid ding. Ex cept as oth er wise an nounced by the auc tioneer
at the time of sale, the con signor of each an i mal rep re sents and war rants to
the buyer and Ruidoso Horse Sales Com pany ti tle to the an i mal free from all adverse
claims to own er ship, use or pos ses sion. Ex cept for the fore go ing lim ited
war ranty each an i mal is sold by the con signor WITH OUT WAR RANTY AND
WITH ALL FAULTS. In the event that any an i mal is not as rep re sented in the
Sale Cat a log or on the breach of the fore go ing lim ited war ranty (as the Sale Cata
log or lim ited war ranty might be mod i fied by an nounce ment at the time of sale)
the buyer shall file with Ruidoso Horse Sales Com pany a writ ten no tice of re jection
of the an i mal with such sup port ing cer tif i cates as Ruidoso Horse Sales Company
might re quire within twenty-four (24) hours af ter the close of the Sale ses sion
in which the an i mal was pur chased. If the buyer right fully re jects the an i mal in the
man ner and within the time pro vided, the an i mal will be re turned by the buyer to the
con signor and the con signor will re fund to the buyer the full pur chase price of the
an i mal to gether with all rea son able ex penses in curred by the buyer in con nec tion
with the an i mal from the time of sale un til the re turn to the con signor.
3. Nei ther Ruidoso Horse Sales Com pany nor Robin Glenn Ped i grees, Inc. will be
held re spon si ble for pro vid ing in for ma tion as to mul ti ple em bryos (foals born in
the same year) or to em bryo trans fers out of mares or first dams in sale; nor will
ei ther com pany be held li a ble in any way for buyer’s be lated aware ness of such
in for ma tion.
ELEV ENTH-CON SIGNEE STATUS: Ruidoso Horse Sales Com pany is op er ating
as an in de pend ent con trac tor en gaged in the busi ness of con duct ing a consign
ment sale. Ruidoso Horse Sales Com pany has com piled the Sale Cat a log
from in for ma tion pro vided by the des ig nated con signor. All an nounce ments by
the auc tion eer at the time of sale are made on be half of the des ig nated consignor
and will take pre ce dence over the printed pro vi sions of the Sale Cat a log.
In the event of any dis pute be tween the buyer and the con signor, Ruidoso Horse
Sales Com pany will oc cupy the po si tion of agent for a dis closed prin ci pal and stake
holder and will be dis charged from all ob li ga tions ow ing to the con signor or the buyer
on de liv ery of any prop erty or funds held by Ruidoso Horse Sales Com pany to the
Court hav ing ju ris dic tion of such dis pute. Ruidoso Horse Sales Com pany makes NO
REP RE SEN TA TION OR WAR RANTY with re spect to any an i mal and the buyer