| |
This sale is conducted in accordance
with, and all acts of interested
parties and/or claims by
them shall be governed
by the following
FIRST - APPLICABLE
LAW AND DEFINITIONS: All horses in this sale are offered according
to the laws of the State
of California. BUYER ACKNOWLEDGES THAT CALIFORNIA PENAL CODE SECTION 598c
PROVIDES THAT IT IS UNLAWFUL
FOR ANY PERSON TO POSSESS,
IMPORT, EXPORT, SELL, BUY,
GIVE AWAY, HOLD, OR ACCEPT
ANY HORSE WITH THE INTENT
OF KILLING IT OR HAVING
IT KILLED IF HE/SHE KNOWS
OR SHOULD HAVE KNOWN THAT
ANY PART OF THE HORSE WILL
BE USED FOR HUMAN CONSUMPTION. BUYER
WARRANTS AND REPRESENTS
THAT NO PURCHASE IN CONNECTION
WITH THIS SALE VIOLATES
SAID SECTION 598c. The
Glossary of definitions
published in the catalog
for this sale are incorporated
herein by reference and
are an integral part of
these Conditions.
SECOND - THERE
IS NO WARRANTY:
EXPRESS OR IMPLIED BY THE
AUCTIONEER, SPONSORS, OR
CONSIGNOR, AS TO THE RACING
SOUNDNESS, BREEDING STATUS,
BREEDING QUALITIES, FERTILITY,
MERCHANTABILITY OR FITNESS
FOR ANY PARTICULAR PURPOSE
OF ANY HORSE OFFERED IN
THIS SALE, AND ALL HORSES
ARE SOLD "AS IS" AND
WITH ALL DEFECTS EXCEPT
ONLY AS EXPRESSLY SET FORTH
IN THESE CONDITIONS OF
SALE. BUYER
IS BOUND BY ALL ANNOUNCEMENTS
FROM THE AUCTION STAND
AT THE COMMENCEMENT OF
THE SESSION IN WHICH THE
HORSE IS SOLD AND AT THE
TIME OF SALE. NO WARRANTY OR REPRESENTATION MADE BY
BARRETTS OR CONSIGNOR SHALL
BE BINDING OR EFFECTIVE
UNLESS CONTAINED HEREIN,
CONTAINED IN AN ANNOUNCEMENT
FROM THE AUCTION STAND,
OR APPROVED IN WRITING
BY BARRETTS.
THIRD - BIDDING
PROCEDURE: The right to bid, as provided under law,
is reserved for all consignors
unless otherwise announced. All bidders must be at least 18 years
of age and be prepared
to present written proof
of age and identity. Unless waived by announcement, there
shall be an upset price
on any horse offered as
set forth on page one of
this catalog. If
an opening bid of the upset
price is not immediately
forthcoming to the auctioneer's
call, the horse shall be
led out unsold. Minimum,
acceptable increases in
bidding are: $100
until the bid reaches $20,000,
and $500, thereafter. The person making the highest bid recognized
by the auctioneer shall
be the buyer, who shall
forthwith identify himself/herself
to the auctioneer as buyer,
and shall sign the Acknowledgement
of Purchase when it is
presented. In
the event that a person
other than buyer signs
the Acknowledgement of
Purchase, such action shall
not give such person any
right or title to the horse;
and immediately that such
erroneous signing of the
Acknowledgement of Purchase
becomes known to auctioneer,
he/she shall cause the
Acknowledgement of Purchase
to be presented to buyer
for signature. Except as otherwise provided in this CONDITION, the person
signing the Acknowledgment
of Purchase shall be personally,
jointly and severally liable
as the buyer, regardless
of the manner in which
the Acknowledgement of
Purchase is signed or whether
such signature indicates
the Acknowledgement is
signed as an agent and
discloses the identity
of a principal, unless
the agent has filed with
Barretts an approved Agent
Authorization form for
this sale, has disclosed
the identity of the principal
on the Acknowledgement
of Purchase, and is not
also listed on the Acknowledgement
of Purchase as principal.
FOURTH - BIDDING
DISPUTES: Should any dispute arise between or among
two or more bidders, the
auctioneer shall forthwith
adjudicate the dispute,
and his/her decision shall
be absolute, final and
binding on all parties. Bids
tendered after fall of
the hammer are not valid
grounds for dispute. Bids received by bid spotters have the same stature as bids
received by auctioneer. In
case of dispute, the bidding
shall be reopened for advance
bids, and if there be no
advance bid, the horse
is sold to the person from
whom auctioneer recognized
the last bid. Advance
bidding shall be restricted
to the disputing parties,
unless the bid be reduced
below the level of the
recognized bid at commencement
of dispute, in which case
bidding is reopened to
all. The
auctioneer reserves the
right to reject any or
all bids.
FIFTH - TITLE
AND DELIVERY: Title passes to buyer at fall of the
hammer. All
risk of injury to the horse
becomes buyer's risk at
passing of title. Buyer agrees to release, defend, indemnify and hold Barretts,
and the owners and/or operators
of the facilities and their
directors, officers, employees,
agents and representatives,
harmless from all losses,
damages, expenses, claims,
causes of action and attorneys' fees arising out of or related
to the possession, care,
custody, control or maintenance
after the fall of the hammer
of any horse on which he/she
or she is the successful
bidder, whether resulting
in whole or in part from
their own negligence, including
but not limited to any
claims arising out of injuries
or damage caused by the
horse after the fall of
the hammer. The
horse will be held for
buyer by consignor until
buyer makes settlement
as provided at CONDITION
SIXTH below solely as an
accommodation to buyer. Buyer shall immediately present himself/herself
to make settlement if requested
by auctioneer, but in any
case shall so present himself/herself
within thirty (30) minutes
of conclusion of the sales
session in which the horse
was purchased. Upon
settlement by buyer, horse
will be delivered by means
of a
"stable release" provided
by undersigned to buyer or
his/her representative. Buyer
or his/her representative shall
present "stable release" to
designee of undersigned to
remove horse from sales premises
after taking possession; but
in any case taking possession
of the horse by buyer or his/her
representative shall constitute
delivery and acceptance. Buyer
shall take delivery and possession
of the horse no later than
noon of the day following the
sale. Upon
delivery, buyer shall cause
horse to be removed promptly
from the Barretts sales barns,
or shall be subject to stable
charges as determined by undersigned. In
addition, should purchaser
fail to cause horse to be removed
promptly, undersigned may cause
horse to be removed from sales
premises at buyer's risk and
expense.
SIXTH - TERMS
FOR SETTLEMENT: Buyer shall make settlement with cashier
of the undersigned. Payments
to others, including consignors
or their representatives,
do not constitute settlement. Buyer
shall present himself/herself
to make settlement as provided
at CONDITION FIFTH above
for the full purchase price,
such settlement to be in
form of U.S. currency or
equivalent acceptable to
cashier of undersigned,
unless credit has been
extended in advance by
the undersigned. Bidders are cautioned that the fact that they may have been
extended credit at a prior
sale does not establish
credit at this sale; they
must reestablish credit
prior to bidding. Any
buyer to whom credit is
extended grants to undersigned
a "Security Interest" in
all horses purchased, and
their Jockey Club certificates
of registration and in
any proceeds, in the amount
of any outstanding sum
owed to the undersigned,
and may be required, in
the absolute discretion
of the undersigned, to
execute appropriate "Financing
Statement"
and "Security Agreement". In the event credit is extended, the full purchase price and
all charges shall be due and
payable fifteen (15) days from
the date of sale and there
shall be applied a finance
charge in the amount of one
and one-half percent (1 1/2%)
per month from the date of
sale; however, if payment is
timely made within said fifteen
(15) days, finance charges
will be waived. Buyer's account will be charged Seventy-Five
Dollars ($75.00) for each check
returned unpaid by buyer's
bank for any reason. In
no event shall credit be extended
beyond said fifteen (15) days
unless such extension is specifically
approved in writing by an authorized
Barretts representative; in
the absence of such written
approval, any Buyer with an
unpaid balance after fifteen
(15) days from the date of
sale shall be in default.
SEVENTH - DEFAULTERS: Should buyer fail to comply in any respect
with CONDITIONS FIFTH and/or
SIXTH above, the undersigned
may, in its absolute discretion,
pursue any remedy available
against the defaulting buyer,
including, but not limited
to, taking possession of
the horse, its papers, resale
of the horse at public auction
or by private treaty for
account of defaulter, and
buyer shall be liable for
any deficit in his/her account,
all costs of maintenance
and resale, attorneys' fees,
costs of litigation, and
any other damages available
to seller by law. Barretts,
may in its sole and exclusive
discretion, pay in part or
in whole a consignor despite
a default by buyer, and such
payment shall not constitute
a waiver of Barretts' right
to withhold from any consignor
any amount not so paid. Time
is of the essence as to all
of Buyer's obligations including
but not limited to matters
involving settlement of his
or her account, payment,
taking possession of and
removal of the horse from
the premises, and warranty
and arbitration claims.
EIGHTH - RIGHT
TO INSPECTION: Buyer acknowledges that he/she has had
the opportunity to inspect
and examine, by veterinarian
or otherwise, each horse
he/she has purchased and
accepts any horse he/she
purchases with all conditions
and defects except those
which are specifically
warranted in these Conditions. Buyer
further acknowledges that
he/she has had the opportunity
to inspect the medication
report in the possession
of the official state sale
veterinarian pursuant to
the California Horse Racing
Board regulations set forth
in the catalog.
NINTH - BARRETTS
SALES STAKES RACE: The information set forth in this Catalog
regarding Barretts Sales
Stakes race is incorporated
herein by reference and
is binding upon buyer and
consignor.
TENTH - LIMITED
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 guarantee of
any kind as to the soundness
or condition or other quality
of any horse sold in this
sale. No statement or representation by Consignor, Barretts, or
any of their agents or
employees shall constitute
a warranty binding upon
Barretts or Consignor;
the warranty provisions
authorized by these Conditions
of Sale and announcements
from the auction stand
shall be exclusive and
are intended to constitute
the entire agreement between
the parties as to warranties
and the horse's physical
condition, and supersede
all prior statements, negotiations
and representations. Any
horse whose sexual description
is not accurately set forth
in the catalog must be
so announced. Horses
which have impaired vision
or injury to the eye, are
cribbers or are afflicted
with locomotor ataxia (wobbler
syndrome) must be so announced. Yearlings
sold after July 1 of their
yearling year, horses described
as two-year-olds in training
and horses of racing age
which, on laryngoscopic
examination, are found
to have any defect of wind
materially affecting suitability
for racing; have at the
time of sale an injury
to or disease of the bone
structure which will more
likely than not have a
material, chronic and adverse
affect upon their suitability
to be trained for racing;
are nerved; are currently
on the Starter's, Stewards',
or Veterinarian's list
at a licensed race course;
or are officially designated
as "bleeders"
must be so announced. The warranties contained in this CONDITION
shall terminate, regardless
of whether seventy-two (72)
hours (see CONDITION FOURTEENTH – Rights
of Return) have elapsed, immediately upon removal of the horse
from Barretts sales barns,
or use of the horse "under
tack"
after buyer or representative
discovers or should have
discovered facts indicating
there may exist any condition
or claim which would permit
return hereunder. Buyer
acknowledges and agrees that
there are numerous conditions,
injuries and diseases which
may adversely affect a horse's
suitability to be trained
for racing or breeding for
which no warranty is provided. Consignors are obligated to disclose only those conditions
for which a warranty is expressly
provided herein.
ELEVENTH – BONE
AND WIND WARRANTIES FOR TWO-YEAR-OLDS IN TRAINING SALE SESSIONS AND YEARLING
SALES: A two-year-old in training
is defined as a two-year-old
which, at the time of sale, shall
have been in a training program
for not less than ninety (90)
days prior to sale. ANY
HORSE SOLD AS A TWO-YEAR-OLD
IN TRAINING AT A TWO-YEAR-OLD
IN TRAINING SALE SESSION, AND
ANY YEARLING SOLD AFTER JULY
OF ITS YEARLING YEAR AT A SALE
EXCLUSIVELY OF YEARLINGS WHICH,
AT THE TIME OF SALE, (1) HAS
AN INJURY TO OR DISEASE OF THE
BONE STRUCTURE WHICH WILL MORE
LIKELY THAN NOT HAVE A MATERIAL,
CHRONIC AND ADVERSE AFFECT UPON
ITS SUITABILITY TO BE TRAINED
FOR RACING; OR (2) BASED ON LARYNGOSCOPIC
EXAMINATION, IS FOUND TO HAVE
ANY DEFECT OF WIND MATERIALLY
AFFECTING SUITABILITY FOR RACING,
SHALL BE SO ANNOUNCED. Notwithstanding the above, in the event
such an injury to or disease
of the bone structure of a two-year-old
in training which is the subject
of a claim under this CONDITION
is disclosed by radiographs deposited
in Barretts Radiograph Repository
as set forth in Condition Fifteenth,
the terms of this warranty are
modified by Condition Fifteenth;
such warranty modification does
not apply to yearlings. Notwithstanding any other Condition of
Sale to the contrary, any claim
made under this CONDITION must
be made in writing to the undersigned
at the place of sale within forty-eight
(48) hours after the end of the
session in which the horse is
sold. Said written notice shall have a veterinary
certificate attached, describing
in detail the specific defect
on which the claim is based. The
warranties contained in this
CONDITION shall terminate, regardless
of whether forty-eight (48) hours
have elapsed, immediately upon
removal of the horse from Barretts
sales barns, or use of the horse "under
tack" after buyer or representative
discovers or should have discovered
facts indicating there may exist
any condition or claim which
would permit return hereunder. To the extent any warranty contained
in this CONDITION ELEVENTH applies,
it supersedes and replaces the
warranty for such condition contained
in CONDITION TENTH.
TWELFTH - WARRANTIES AS TO BROODMARES: Unless otherwise announced
there is no representation or warranty as to the pregnancy and
breeding status of any horse described at time of sale as a horse
of racing age. Each mare described as a broodmare or
broodmare prospect in this sale will be offered with veterinary
certificate provided by consignor in a form acceptable to undersigned
setting forth the pregnancy and breeding status of the mare in
the opinion of the examining veterinarian based on manual examination
within ten (10) days prior to date of sale, unless so announced. Such
a mare whose pregnancy and breeding status is not as so represented
may be returned as unsold pursuant to CONDITION FOURTEENTH, provided
that buyer makes a claim in writing to the undersigned within
twenty-four (24) hours after the fall of hammer and prior to
removal of the mare from the Barretts sales barns with a veterinary
certificate based upon manual examination from a veterinarian
acceptable to the undersigned so stating attached, unless such
pregnancy or breeding status has materially changed after the
fall of hammer. Any contractual agreement between an
owner of a broodmare in this sale and an owner of a stallion
to which the mare has been bred, the possible return of a mare
to any stallion, or the possible refund of any stud fee does
not go with any broodmare unless so announced at time of sale.
THIRTEENTH - CATALOG, ANNOUNCEMENTS AND MEDICATION: Horses
cataloged in this sale are
offered by the consignor
with the right to convey
unencumbered title, the pedigrees,
racing records, eligibility
for incentive programs, engagements
and similar matters, breeding
status, produce records,
breeders of record, locations
where bred, and health and
immunization records as represented
by the consignor, and undersigned
is not responsible for the
accuracy of information provided. In case of error or omission, buyer shall seek redress only
from consignor. While
certain information may have
been procured by undersigned
from third parties on behalf
of consignor, it is nonetheless
solely the responsibility
of consignor to verify the
accuracy of such information
and to notify the undersigned
of any corrections prior
to sale. Any
horse which the official
state veterinarian has determined
to have been medicated must
have its medication accurately
set forth in the required
medication report to said
veterinarian. Any
claim regarding inaccuracy
of any such information not
otherwise provided for must
be presented in writing to
the undersigned within twenty-one
days (21) of the date of
sale after which buyer shall
have no right to make any
such claims. Time is of the essence. With respect to any claim regarding identity
or the consignor's right
to convey unencumbered title
to a horse, the horse shall
be subject to return to consignor
with refund of purchase price
and reimbursement by consignor
for reasonable expenses of
keep, maintenance, and transportation
of the horse from fall of
the hammer, provided that
immediately on learning of
such defect, buyer shall
forthwith notify undersigned
in writing; buyer's
right to return the horse
on such grounds shall be
on condition that such horse
is returnable in substantially
the same condition as at
the fall of the hammer. Consignor shall have the right, at his/her
sole and absolute discretion,
to cure any defect of identity,
title or claims of encumbrances
in lieu of the return provided
for herein. With respect to any claim that the horse
is not eligible as announced
for any incentive program,
engagement or similar matter,
the consignor shall have
the right, in his/her sole
and absolute discretion,
to establish current eligibility.
Eligibility for stakes engagements,
incentive programs and similar
matters are as of the date
of sale only, and all payments
for such eligibility which
are due after date of sale
are solely the responsibility
of buyer whose obligation
it is to immediately determine
when such payments are due
and to promptly notify the
proper organization of new
ownership to receive direct
billing. Buyers and sellers hereby hold Barretts
Equine Limited and its employees
harmless from any responsibility
or liability for the maintenance
of Jockey Club Certificates
after six months from the
date of sale. Buyer
hereby authorizes Barretts
to utilize in its advertising
and promotion the name, photograph,
likeness and related information
regarding buyer and any horse(s)
buyer purchases in this sale. As
an accommodation to consignors
and buyers, Barretts provides
timing information for previews
and workouts. While
Barretts uses its best efforts
to accurately time and report
performances, Barretts cannot
guarantee such accuracy. Buyer
and consignor have the right
to engage a clocker or otherwise
determine or verify the timing
of any performance, and hereby
release Barretts and its
employees, representatives
and independent contractors
from any liability or claims
arising out of or relating
to the timing or filming
of any workouts or performances
and the reporting thereof,
whether based upon their
own negligence or otherwise. The
remedies of buyer set forth
herein shall be his/her sole
and exclusive remedies against
undersigned and consignor
with respect to such claims,
and neither undersigned nor
consignor shall be liable
for any further or consequential
damages other than those
set forth herein.
FOURTEENTH - RIGHT OF RETURN: Any horse sold in this sale whose condition
must be announced as provided
for at CONDITIONS TENTH,
ELEVENTH, TWELFTH and THIRTEENTH
above, and is not so announced,
shall be subject to return
to consignor with refund
of purchase price and reimbursement
by consignor for reasonable
expenses of keep, maintenance,
and transportation of the
horse from fall of the hammer,
provided that immediately
on learning of such defect,
buyer shall forthwith notify
undersigned in writing and
provide veterinary certificate
as to the condition based
on examination within the
applicable warranty period. All warranties terminate seventy-two (72) hours
after the last sales session,
unless specifically otherwise
provided herein, after which
buyer shall have no right
of return under this CONDITION. In addition, all warranties on any horse
of racing age, except those
contained in CONDITION THIRTEENTH,
terminate immediately that
such horse starts in a race,
regardless of time elapsed
since date of sale. Further,
any use of any horse of racing
age "under tack" after
buyer or his/her representative
discovers or should have
discovered facts indicating
there may exist any condition
of such horse which would
permit its return as provided
herein, shall void all right
of return and terminate all
warranties. Time is of the essence in these provisions. The
right of buyer to return
the horse as provided herein
shall be his/her sole and
exclusive remedy against
undersigned and consignor
with respect to warranties,
and neither undersigned nor
consignor shall be liable
for any further action or
consequential damages other
than those set forth herein. Regardless of whether a warranty or other
claim is made, Barretts shall
be entitled to pay the sale
proceeds to Consignor. In
any event, Barretts shall
not be liable to Buyer for
sale proceeds or any other
amounts; Buyer shall look
solely to Consignor for any
amount to which Buyer is
entitled including but not
limited to purchase price,
sales tax, reimbursement
of expenses, interest or
damages of any kind.
FIFTEENTH - ARBITRATION: (A) Any controversy arising out of a
claim made for a sale session
of two-year-olds in training
or for a sale of a yearling
sold after July of its yearling
year at a sale exclusively
of yearlings under CONDITIONS
TENTH or ELEVENTH and where
such claim in writing is
properly made to the undersigned
at the place of sale within
forty-eight (48) hours after
the end of the session in
which the horse is sold,
shall be settled by arbitration
between the parties as follows:
Simultaneously with the presentment
of a claim to Barretts, buyer
shall, personally or through
his/her authorized representative,
based upon an examination
of the Veterinary Arbitration
Panel ("PANEL")
member list for said sale
at the Barretts Sales Office,
in writing notify Barretts
of any member of the PANEL
which he/she seeks to disqualify
on the ground that the member
has a direct financial interest
in the purchase or sale of
the subject horse, or is
otherwise biased in favor
of or against either party,
specifically identifying
the basis of such challenge. Upon
Barretts' determination that
a claim has been timely and
properly presented by buyer,
Barretts shall notify the
consignor of the claim, and
consignor shall forthwith
similarly notify Barretts
in writing of any such challenge
he/she may have to any PANEL
member on said grounds. Barretts
shall, in its sole discretion,
determine the validity of
any such challenge, and shall
appoint members of the PANEL
to arbitrate the claim. Barretts shall determine the number of
members who shall arbitrate
a claim, but shall appoint
at least three (3) members
if the sale price, exclusive
of any sales tax, is more
than $100,000.00. The
appointed members shall determine
the claim (by majority if
there is more than one arbitrator)
and the arbitrators may engage
such consultants and conduct
such investigation, tests
and examinations as they
see fit. The
arbitrators shall determine
the claim and shall all sign
notice of such determination,
which signatures shall indicate
that the majority of such
arbitrators joined in such
determination. The
undersigned shall determine
the amount of reimbursement
due to a buyer whose claim
is found to be valid, and
may, in its discretion, conduct
a hearing to do so; and such
determination shall be incorporated
in the award. In
addition, the non-prevailing
party shall pay Barretts
the sum of $750 toward reimbursement
of the cost of arbitration,
plus any additional costs
incurred by the arbitrators
in determining the claim. Barretts
may augment the list of PANEL
members if it deems such
action appropriate, and upon
such notification, the parties
shall notify Barretts of
any challenge on the grounds
set forth above to any new
PANEL member. In the event of a claim to which this Condition Fifteenth
(A) applies and which is
based upon Condition Eleventh
relating to a two-year-old
in training for which the
consignor has submitted appropriate
radiographs to the Radiograph
and Laryrngoscopic Videotape
Repository (see "Important
Notices" contained in
your catalogue), then the
warranty provisions and procedure
specified by these Conditions
shall be modified in the
following respects only: the
Panel shall make an initial
determination as to whether
the radiographs disclose
the condition upon which
the claim is based; if the
Panel determines the condition
is so disclosed, then a determination
of the Panel that the claim
is valid (and the horse is
subject to return) may be
made only if the Panel also
determines (1) that the horse
has an injury to or disease
of the bone structure and (2)
such injury or disease will
to a medical certainty have
a material, chronic and adverse
effect upon its suitability
to be trained for racing. (B) Any controversy arising out of a
claim made under CONDITION
TENTH or TWELFTH hereof to
which subdivision (A) of
this CONDITION FIFTEENTH
does not apply shall be settled
by arbitration between the
parties as follows: Upon
the sales company's determination
that a claim has been timely
and properly presented by
buyer, and upon notice from
the sales company, the buyer
and the consignor shall each
select a licensed veterinarian
specializing in equine medicine. If
the veterinarians fail to
agree as to the validity
of the claim, they or their
principals shall agree upon
a third licensed veterinarian
and the panel of three shall
conduct any tests, investigation
or examinations that they
deem necessary, and shall
determine the validity of
the claim. If
the two veterinarians or
their principals are unable
to promptly agree upon the
third veterinarian, the undersigned
shall appoint one. The third veterinarian's fee and costs
shall be paid by the party
whose property the horse
is determined to be. The undersigned shall determine the amount
of reimbursement due to a
buyer whose claim is found
to be valid, and may, in
its discretion, conduct a
hearing to do so; and such
determination shall be incorporated
in the award. (C)
Any other claim or controversy
between a consignor, buyer
and/or the undersigned arising
out of or relating to this
sale, or any agreement, consignment
or horse in relation to this
sale, shall be settled by
arbitration between the parties
in accordance with the rules
of the American Arbitration
Association; the Association
shall utilize for its proposed
panel members only former
Judges. (D)
Arbitration shall take place
in Los Angeles, California. Judgment upon any award rendered by the arbitrator(s) may
be entered in any court having
jurisdiction thereof, and
petitions to confirm or vacate
any such award may be served
by certified mail. In the event of any arbitration or litigation,
the prevailing party will
be entitled to reasonable
attorneys' fees and legal
costs. No
party shall be liable for
consequential or special
damages except as specifically
set forth herein. Barretts
shall be entitled to recover
any costs or expenses incurred
in connection with the care
and maintenance of the subject
horse, including but not
limited to the third veterinarian's
fee, along with its attorneys'
fees and legal and arbitration
costs.
SIXTEENTH - SALES TAX: If buyer intends to ship any horse he/she
purchases out of state or
out of county, he/she agrees
to sign and deliver to auctioneer
prior to sale a Pre-sale
Interstate Delivery Agreement
directing such shipment at
his/her risk and expenses
via a licensed carrier to
him/her at that point. Barretts
shall deliver such horse
only in accordance with instructions
and arrangements that buyer
shall provide for shipment. Buyer
acknowledges that to qualify
for a sales tax exemption,
such horse MAY NOT BE TRAINED
OR OTHERWISE USED IN CALIFORNIA
while awaiting shipment out
of state. Should
sales tax be imposed on any
purchase for any reason,
buyer will be solely responsible
for such sales tax and will
pay it upon demand.
SEVENTEENTH - AGREEMENT: These Conditions of Sale, the Acknowledgement
of Purchase and any documents
incorporated herein or concurrently
executed shall constitute
the entire agreement between
the parties hereto with respect
to the subject matter hereof
and shall supersede all prior
agreements, understandings,
warranties, representations
and negotiations of any party
herein, including but not
limited to Barretts, the
buyer and the Consignor,
concerning the subject matter
hereof. None of the terms and conditions set forth herein made shall
be modified or waived except
as approved in writing by
Barretts and the party affected
thereby. Barretts
shall not be bound by any
oral or written agreement
or alleged agreement varying
from these Conditions of
Sale between the buyer and
the consignor unless agreed
to in writing Barretts, and
any controversy or claim
between the buyer and the
consignor arising under any
such agreement shall be a
matter for their resolution
by settlement, litigation,
arbitration or otherwise
as they determine.
EIGHTEENTH - 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.
NINETEENTH - LIMITATIONS OF ACTION: Any action or proceeding arising out
of or related to these Conditions
of Sale or the purchase of
a horse in this sale must
be commenced within one (1)
year after the date of the
sale, regardless of when
the facts giving rise to
the claim are discovered;
provided, however, that such
limitation shall not apply
to any action by the undersigned
against buyer for purchase
price, foreclosing a lien
or other damages.
BARRETTS EQUINE LIMITED
|
