Rudioso Sale-aug2017-Rev1

10.08.2017 Views

SPECIAL NOTICES (3) EXOGENOUS ANABOLIC STEROIDS (LIMITED WARRANTIES): Consignors warrant that any yearling entered in the Ruidoso Horse Sales (RHS) shall not have been administered any Exogenous Anabolic Steroids (EAS). In order for purchaser to avail himself of this limited warranty, purchaser agrees to pay the $500 to Sale Company to cover direct costs and administrative expenses in regard to the blood sample being taken. Sale Company will then arrange for the sale veterinarian to obtain a blood sample to be sent to a laboratory selected by the Sale Company for testing. Should the sample be tested positive, the purchaser shall have the right to rescind the purchase of the horse by giving notice to Sale Company within 24 hours of the receipt of the results of the positive test. If purchaser elects to rescind the sale as a result of the positive test of EAS, the Sale Company will refund the full purchase price. Sale Company will give notice of the positive test results to the consignor and purchaser as soon as practical after receipt of test results from the testing laboratory which is anticipated to be approximately ten (10) days from the sale date. In addition, neither the purchaser nor the consignor shall have the right, nor shall Sale Company have any obligation to conduct testing of a split sample. Sale Company notification of a positive test by the testing laboratory shall be binding upon the consignor, purchaser, and all other interested parties. In the event any party challenges Sale Company’ exercise of discretion, absence of fraud or bad faith, such party shall be liable for all of Sale Company’ reasonable expenses including without limitation its attorney fees incurred in defending the challenge. Pending the outcome of the test result, the purchaser shall be responsible for all expenses including but not limited to such items as the $500 testing fee, veterinarian charges, vanning, insurance, and boarding. Purchaser will be required to exercise due care during the recession period in maintaining and boarding the horse. The purchaser shall not cause the horse to be materially altered during the recession period. In the event of a positive test, risk of loss shall remain with the purchaser from the fall of the hammer until the consignor has been notified of purchaser’s election to rescind the sale at which time risk of loss passes back to the prior owner. The prior owner shall remain responsible for paying the standard commission and fees as indicated on the Consignor’s Contract as well as the cost of the test and any associated expenses incurred by the buyer. Upon the recommendation of the Scientific Advisory Committee of RCI, Sale Company will use the 25pg/ml plasma level for quantification as a basis for a positive test, which means an effective ban on using any of the four antibiotic steroids, Testosterone, Stanoozlol, Boldenone and Nandrolene. Recommended withdrawal times are as follows: Testosterone = 28 days; Stanozolol = 49 days; Boldenone = 130-140 days; Nandrolone = 49 days. Pay special attention to the type of medication used when determing the withdrawal time. In the event that generic anabolic steroids are being used, the withdrawal times may vary. The Sale Company may conduct random testing at their discretion. -5-

RADIOGRAPH REPOSITORY CONSIGNORS may contact Rexann Morrison for applications and submission details at 817-694-1711 or email rexannmorrison@yahoo.com. Asteris will provide veterinarians with an online application for remote data submission. Consignors will receive a link for accessing statistics such as how many times a consignment has been viewed and for how long. Asteris charges a $20 submission fee per horse, payable by consignor. Radiographs are not mandatory. Asteris and the Sale Co. will require two items for submission of Radiographs to the Repository: 1. All radiographs must be acquired between August 10, 2017 and August 30, 2017. Radiographs will not be accepted after 5pm MST on August 30. 2. The veterinarian must verify the AQHA registration papers and the hip number as it appears in the Sale catalog for each consignment. Only licensed veterinarians may view the radiographs with a buyer. There is no charge for viewing. The radiographs are the property of the consignor. The Repository will be open for viewing in the metal barn just north of Barn #1 on Thursday, 8/31/17, from 8am to 5pm and Friday through Sunday from 9am until the last sale of the day. If any additional views are requested, the seller has first right of pay for the view and have that view included in the yearling’s file. If the seller does not wish to pay for the additional view, then the new view is the property of the prospective buyer. RHS will not review the Repository information and makes no warranty or assurance of any kind concerning the authenticity, sufficiency, quality, completeness or accuracy of Repository information, all of which shall be the responsibility of the Consignor. Knowledge of the Repository information therefore shall not be imputed to the Ruidoso Horse Sale Company. See Thir teenth Con di tion of Sale - Ar bi tra tion for spe cific pro vi sions as ap plies to the Re pos i tory. In the event of a con flict, a panel of vet er i nar ians will be con vened to de ter mine ap pro pri ate ac tion. RHS shall have no li a bil ity, shall give no opin ions, and shall be held harm less from any loss in curred by ei ther party. If the panel de ci sion is not unan i mous, ma jor ity shall rule. The panel’s de ci sion is fi nal. The Right of Re jec tion shall ter mi nate im me di ately upon removal of the horse from the sale grounds. -6-

SPECIAL NOTICES (3)<br />

EXOGENOUS ANABOLIC STEROIDS (LIMITED WARRANTIES):<br />

Consignors warrant that any yearling entered in the Ruidoso Horse<br />

<strong>Sale</strong>s (RHS) shall not have been administered any Exogenous<br />

Anabolic Steroids (EAS).<br />

In order for purchaser to avail himself of this limited warranty, purchaser<br />

agrees to pay the $500 to <strong>Sale</strong> Company to cover direct costs and<br />

administrative expenses in regard to the blood sample being taken. <strong>Sale</strong><br />

Company will then arrange for the sale veterinarian to obtain a blood sample<br />

to be sent to a laboratory selected by the <strong>Sale</strong> Company for testing. Should<br />

the sample be tested positive, the purchaser shall have the right to rescind<br />

the purchase of the horse by giving notice to <strong>Sale</strong> Company within 24 hours<br />

of the receipt of the results of the positive test. If purchaser elects to rescind<br />

the sale as a result of the positive test of EAS, the <strong>Sale</strong> Company will refund<br />

the full purchase price. <strong>Sale</strong> Company will give notice of the positive test<br />

results to the consignor and purchaser as soon as practical after receipt of<br />

test results from the testing laboratory which is anticipated to be<br />

approximately ten (10) days from the sale date. In addition, neither the<br />

purchaser nor the consignor shall have the right, nor shall <strong>Sale</strong> Company<br />

have any obligation to conduct testing of a split sample. <strong>Sale</strong> Company<br />

notification of a positive test by the testing laboratory shall be binding upon<br />

the consignor, purchaser, and all other interested parties. In the event any<br />

party challenges <strong>Sale</strong> Company’ exercise of discretion, absence of fraud or<br />

bad faith, such party shall be liable for all of <strong>Sale</strong> Company’ reasonable<br />

expenses including without limitation its attorney fees incurred in defending<br />

the challenge. Pending the outcome of the test result, the purchaser shall be<br />

responsible for all expenses including but not limited to such items as the<br />

$500 testing fee, veterinarian charges, vanning, insurance, and boarding.<br />

Purchaser will be required to exercise due care during the recession period<br />

in maintaining and boarding the horse. The purchaser shall not cause the<br />

horse to be materially altered during the recession period.<br />

In the event of a positive test, risk of loss shall remain with the purchaser from<br />

the fall of the hammer until the consignor has been notified of purchaser’s<br />

election to rescind the sale at which time risk of loss passes back to the prior<br />

owner. The prior owner shall remain responsible for paying the standard<br />

commission and fees as indicated on the Consignor’s Contract as well as<br />

the cost of the test and any associated expenses incurred by the buyer.<br />

Upon the recommendation of the Scientific Advisory Committee of RCI, <strong>Sale</strong><br />

Company will use the 25pg/ml plasma level for quantification as a basis for a<br />

positive test, which means an effective ban on using any of the four<br />

antibiotic steroids, Testosterone, Stanoozlol, Boldenone and Nandrolene.<br />

Recommended withdrawal times are as follows: Testosterone = 28 days;<br />

Stanozolol = 49 days; Boldenone = 130-140 days; Nandrolone = 49 days.<br />

Pay special attention to the type of medication used when determing the<br />

withdrawal time. In the event that generic anabolic steroids are being used,<br />

the withdrawal times may vary.<br />

The <strong>Sale</strong> Company may conduct random testing at their discretion.<br />

-5-

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