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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
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