ATTENTION: REVISED CONDITIONS OF SALE All horses in this sale are offered and sold in accordance with the Conditions of Sale contained in this Catalog. The Conditions of Sale are legally binding. The Conditions of Sale have undergone a substantial revision and reorganization. Thus, all persons are encouraged to carefully read them in their entirety.
NEW CALIFORNIA LAW REGULATING AGENTS
A newly chaptered law will replace Section 19525 of the California Business and Professions Code (click here for full text of law). It regulates, among other things, agents (including “dual agents”) in connection with the purchase, sale or transfer of an interest in an equine. A “dual agent” is defined as a “person acting as an agent for both the purchaser and seller of an equine.” The law makes it unlawful for a person to act as a “dual agent” without the prior knowledge, and written consent, of both the purchaser and seller.
The law also governs the compensation of agents generally. It makes it unlawful for any agent (whether or not a dual agent) to receive in excess of $500 in compensation or in other items of value, related directly or indirectly to the purchase, sale or transfer of an equine, from other than from the agent’s principal, unless: (1) both the agent and the individual/entity giving the money or items of value disclose it to each of the agent’s principals; and (2) each of the agent’s principals consent in writing. Additionally, the law sets forth conditions for the enforceability of a contract for a commission on the sale, purchase, or transfer of an equine.
The law allows any person injured by a violation of its provisions to recover treble damages and also provides that the CHRB may suspend or revoke the license of any person who violates its provisions.
REQUIREMENTS FOR MAKING WARRANTY CLAIMS UNDER CONDITIONS OF SALE Under the Conditions of Sale, consignors make limited warranties for horses sold. (See Conditions Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth and Fourteenth) However, as provided in these Conditions, the time that buyers have to make warranty claims is limited and differs from Condition-to-Condition. Further, buyers should note that the warranties under Conditions Eighth and Ninth terminate when a purchased horse is removed from the Barretts’ sale premises and it is the buyer’s responsibility to notify the shipping agent regarding post-sale veterinary exams to be conducted prior to the removal of purchase horses from the sales premises. (See Glossary for definition of “sale premises”) Thus, buyers should be become familiar with the time deadlines and the other restrictions and requirements for making a warranty claim under the Conditions of Sale.
YOU DO NOT NEED TO REGISTER IN ORDER TO VIEW THIS AUCTION ON THE INTERNET.
INSPECTION OF SALE HORSES Showing/Inspection times are from 8:00 a.m. to 4:00 p.m. (unless other arrangements are made with individual consignors).
VETERINARY REPOSITORY For the March and May sales of Two-Year-Olds in Training, as well as the California Cup Yearling sale, consignors may voluntarily deposit radiographs and video tapes of laryngoscopic exams in the Repository, which is located in the building at the north end of Barretts’ Barn 3. Viewing will be limited to equine veterinarians and their clients.
THE MAINTENANCE OF THE REPOSITORY WILL NOT IN ANY WAY ALTER ANY OF THE PROVISIONS IN THE CONDITIONS OF SALE, EXCEPT AS OUTLINED IN CONDITION NINTH. BARRETTS WILL NOT REVIEW AND HAS NO LIABILITY FOR THE REPOSITORY INFORMATION AND MAKES NO WARRANTY OR ASSURANCE OF ANY KIND CONCERNING THE AUTHENTICITY OR ACCURACY OF THE REPOSITORY INFORMATION, ALL OF WHICH SHALL BE THE SOLE RESPONSIBILITY OF THE CONSIGNOR.
EQUINE INFECTIOUS ANEMIA All horses in this sale have been tested Coggins Negative within six months of the date of sale. Due to import requirements, Canadian buyers should check with Barretts office staff to determine the specific types of Coggins Negative Certificates which are on file.
EVA (EQUINE VIRAL ARTERITIS) A list of horses which have been tested for EVA (within 60 days of the sale) will be available in the sales office .
CHANGE OF OWNERSHIP ANNOUNCEMENT While there is no requirement under Barretts’ sale procedures for a consignor to publicly disclose the identity of an owner of a sale horse, it is Barretts’ policy to make an announcement after its management receives valid written notice that a material change of ownership of a sale horse has occurred within fourteen calendar days of the date the horse is to be auctioned. Barretts shall determine, in its sole discretion, whether a material change of ownership has occurred. Any announcement regarding a change of ownership will be made from the auction stand at the time the horse is auctioned and will state that there has been a material change of ownership, without identifying any owner. Barretts shall have no liability to any party for the absence of such an announcement, nor shall the absence of such an announcement serve as any basis to reduce the price of, or return, a horse that is purchased.
EXPORT REQUIREMENTS When a horse is to be exported to a country outside of the United States, Puerto Rico or Canada, a Certificate of Exportation must be obtained from The Jockey Club within 90 days of exportation. If for any reason the requirements are not completed within 90 days of exportation, the Certificate of Exportation may be obtained only after the approval by the Stewards of the Jockey Club and the payment of an additional fee.
CATALOG UPDATES Pedigree updates for horses in the sale will be available free of charge through the sales office courtesy of The Jockey Club Equine Line.
ANNOUNCEMENTS To avoid making costly errors, please pay close attention to all announcements made from the auction stand since these announcements often include Catalog corrections, as well as information which may affect limited warranties under the Conditions of Sale.
ACKNOWLEDGMENT OF PURCHASE After making the final bid on a horse, you will be asked to complete and sign the Acknowledgment of Purchase Form. Be sure to confirm the correct hip number and price before you sign. Please print your name and address clearly, since this document is used for Jockey Club Certificate transfers, invoicing, and publication of sale results.
CARE AND REMOVAL OF HORSES AFTER SALE Although it is the consignor’s responsibility to provide care and feed for purchased horse until noon the day following the purchase, please be reminded that title passes at the fall of the hammer, at which time the purchaser assumes all risk and responsibility for the horse. Buyers are advised to contact the consignor to confirm that proper care is being provided. All horses must be removed from the sale premises no later than noon the day following purchase. Any delays must be approved in advance by the stable manager and buyer may be required to pay stabling fees.
DELIVERY ORDERS AND STABLE RELEASES In order to remove a horse from the sale premises, a buyer must obtain a Delivery Order from the sales office and, in turn, a Stable Release will be issued by the stable office in exchange for the Delivery Order. Please confirm that the Delivery Order and Stable Release each reflect the correct hip number. Also, be sure to give the Stable Release to the person ultimately responsible for removing your horse from the sale premises.
JOCKEY CLUB CERTIFICATES Jockey Club Certificates of Registration will be mailed to the address identified on the Acknowledgment of Purchase form via U.S. Mail 15 business days from the receipt of payment in full for all horses. BARRETTS IS NOT RESPONSIBLE FOR REGISTRATION AND STALLION SERVICE CERTIFICATES WHICH ARE LOST IN THE MAIL. Buyers may request delivery via Express Carriers at buyers’ own expense. Cash, wire transfers, or certified funds will expedite the release of certificates.
STAKES ENGAGEMENTS Unless otherwise announced from the auction stand, all eligibility payments due after date of sale are the responsibility of the buyer, who should promptly notify the proper entities of the new ownership in order to receive direct billing.
BARRETTS’ SALES STAKES Two-Year-Olds, Yearlings and Weanlings which pass through the Barretts sale ring prior to June 1st of their two-year-old year may be made eligible to be nominated to the $100,000 (guaranteed) Barretts Juvenile or Debutante races run each September at Fairplex Park. Invoices for the $150.00 nomination fee will be mailed after the sale and payment will be due within 30 days from the date of sale. It is solely the owner’s responsibility to make timely payments in order to maintain eligibility, whether invoiced or not.
CANADIAN EARNINGS IN PEDIGREES Before 2003, Canadian dollars were included with U.S. earnings as though there was no difference in the value of the two currencies. Following a recommendation by SITA (Society of International Thoroughbred Auctioneers), from January 1, 2003, purse money earned in Canada will now be separated. This policy is not retroactive for earnings prior to 2003.