2006 SPORT HORSE PRODUCTION SALE
Produced by: SPORT HORSE SALES OF TEXAS, L.L.C.
Auctioneers: David Coleman, lic. # 13489 and Tom Patterson, lic. # 15096
(281)344-0828/(281)344-0830 Fax
www.sporthorseauction.com
An Auction for Warmblood & European Sport Horses
November 11, 2006 at 1:00 p.m. Great Southwest Equestrian Center Katy, TX
Consignment/Entry Fee Commission = 9% No Sale Fee = $200.00
1 horse = $350.00 (plus consignment fee)
2 or more horses = $300.00 each
Weekend Stall Fee = $80.00 per horse
One contract per horse
INSTRUCTIONS: Fill out the information below. Each entry must have a separate entry blank and must be accompanied by an original registration certificate or competition license, signed transfer, breeder’s certificate (if needed)or full consignment fee and a copy of the registration certificate. Make checks payable to Sport Horse Sales of Texas, L.L.C .
Name of
Consignor:__________________________________________ Agent
Owner
Address _______________________________________________Home Phone____________________
City,State,Zip ________________________________________Business Phone____________________
Fax Number_____________________________
Complete ONLY if different from Consignor.
Current Owner ________________________________________________________________________
Owner ’s Address _______________________________________Home Phone____________________
City,State,Zip ________________________________________Business Phone____________________
Checks are made payable to and mailed to the owner of the horse!(Written authorization by the owner is required to pay or mail payment to Owner ’s Agent.)
Horse’s Name _____________________________ Breed__________________ Reg.# _______________
Year Foaled _______________________Color ________________________ Sex___________________
Check if Mare in
Foal Sire _______________________Last Breeding
Date__________________
Check if Foal by
Side Sire _______________________Foaling Date_______________________
Sire
Sire Reg.#
Dam
Dam Reg.#
OWNER ’S STATEMENT:I have read, understand and agree to all of the terms and conditions of this consignment contract. I will provide a halter for each horse consigned.
__________________________________________ ___________________________________
Signed Date
RETURN THE FOLLOWING TO THE ADDRESS BELOW:
*Consignment Fee *Consignment Contract *Original Registration Certificate * Signed Transfer Report or Bill of Sale
SPORT HORSE SALES OF TEXAS, L.L.C.
12012 WICKCHESTER LANE, SUITE 550, HOUSTON, TX 77079
281-344-0828 •281-344-0830 FAX
www.sporthorseauction.com
FROM:OWNER
TO:SPORT HORSE SALES OF TEXAS, L.L.C.(PRODUCER) AND DAVID COLEMAN lic.#13489 and TOM PATTERSON lic.#15096 (AUCTIONEERS), COLLECTIVELY CALLED SALE MANAGEMENT
1. Owner authorizes the Sales Management to:(1)make representations and warranties strictly on Owner’s behalf with no responsibility for such warranties being that of Sales Management; (2) sell Owner’s Horse to the highest bidder and to deliver title to the buyer;(3)receive and disburse sale proceeds on Owner ’s behalf as set forth herein.
2. Owner acknowledges that Sales Management shall also have the right to:(1)reject at any time any horse consigned;(2)make announcements at time of sale concerning any horse consigned;(3)determine the order of sale;(4)secure any health requirements not provided by Owner from the sale veterinarian and debit charges to Owner’s account;(5) change the date, time or location of the sale if circumstances deem necessary; should the sale be permanently canceled due to uncontrollable circumstances the sole liability of the Sales Management shall be to return the entry fee and necessary documentation to Owner.
3. Entries must be accompanied with all of the requirements specified on page 1 of this contract. The entry fee 1 horse $350.00, 2 or more horses $300.00, must be submitted with entry. The entry fee is non-refundable and shall be deemed fully earned when Sales Management accepts this contract, whether paid or unpaid when entry is submitted. In addition to the entry fee, a commission of 9%of accepted bids shall be charged and deducted from Owner’s proceeds.
4. Owner agrees not to privately sell or withdraw any horse after it is accepted by Sales Management for sale consignment. If Owner sells any consigned horse prior to the auction or withdraws or fails to present any horse for sale at the auction for any reason other than medical as specified in Condition #5 below, Owner agrees to pay Sales Management as liquidated damages 10%of the horse ’s appraised sales value as determined by Sales Management. Such percentage shall be in addition to any portion of the entry fee due. Owners of horses repurchased in the auction ring but sold as a result of the sale shall pay Sales Management the full commission in accordance to terms specified.
5. Upon presentation of a notarized veterinary certificate to Sales Management stating the specific condition of a horse. Owner may withdraw a consigned horse if it dies or becomes unfit for sale due to material veterinary reasons acceptable to Sales Management. However, any unpaid balance of the entry fee plus a $200 withdrawal fee shall immediately become due to the Sales Management.
6. It is the Owner’s responsibility to provide the buyer a new halter and lead for each horse sold. Owner agrees to have all horses consigned on the sale premises not later than 7:00 a.m. on the scheduled sale date. Any horse consigned continues in the Owner’s sole care and control until the buyer’s acknowledgment is signed by an accepted bidder. Responsibility of getting a horse to and from the auction arena is that of the Owner. Sales Management has no responsibility for the care and custody of any horse consigned , including the providing of veterinary or other care, but Owner hereby authorizes Sales Management to take such action ,without liability on Sales Management’s part should it be deemed reasonable necessary.
7. If Owner elects to repurchase a consigned horse, Owner must do so by:(1)being the highest bidder and signing the buyer’s acknowledgment or,(2)instructing the Sales Management personally, or by completing a reserve bid form, made available by the Sales Management and to be completed by Owner at least one hour prior to the beginning of the sale. In addition to the entry fee, a repurchase fee of $200 for unaccepted bids shall be charged and deducted from Owner ’s proceeds.
8. WARRANTIES: Each Owner hereby expressly represents and warrants unto Sales Management and all potential bidders all of the following matters for each horse consigned, unless stated otherwise in the sale catalog and/or otherwise announced at time of sale. Further, in the event a horse possesses any of the following defects or conditions, or any other defects, the Owner shall have the responsibility to inform the Sales Management of such immediately so that proper announcements can be made in the sale catalog and/or from the auction block while the horse is in the auction ring.(1)Owner has and shall pass full and clear title to the horse consigned and shall defend the title against all claims;(2)title to the horse is free from all adverse claims of ownership, liens, security interests, use, or possession and Owner agrees to defend title against all claims;(3)the horse is “serviceably sound,” meaning it has no known injury,, abnormality, disease or adverse condition that would render it incapable of performing its represented purpose;(4)the horse is not a cribber;(5)the horse does not possess a parrot mouth;(6)the horse has not undergone invasive joint or abdominal surgery;(7)the horse ’s sex is as described in the catalog;(8)the horse has not been nerved;(9)colts or stallions at least 13 months of age at the time of sale, do possess two palpable testicles descended to the scrotum;(10) all mares at least 18 months of age at time of sale, do possess two palpable ovaries. Further, Owner grants permission to any prospective bidder to have a mutually acceptable veterinarian perform an inspection as to the above listed matters at a reasonable time prior to the sale. Except for the foregoing “express limited warranties ” and any additional health or medical information provided in the sale catalog and/or from the auction block, each horse is otherwise sold “as is ”with all defects and existing conditions, if any, and without any further warranty of any kind, expressed or implied Every horse shall be sold under this rule.
9. RIGHT OF RETURN: After a sale has been transacted, the buyer has the right, at his expense, to have any horse examined by the official sale veterinarian or other DVM of buyer’s choice for all limited warranties described in Condition #8 above, and for any medical representations made on behalf of the owner from the auction block or in the sale catalog. Such veterinary testing must be made within 24 hours from the conclusion of the sale session and before the horse leaves the grounds. If the horse was sold and misrepresented by the Owner, the buyer has the right to refuse purchase and deliver horse back to the Owner as unsold. In such case, all fees associated with the sale become due to Sales Management from the Owner.
10.In the event a buyer fails to pay for or accept a horse, Sales Management reserves the right to:(1)accept the same purchase amount from another buyer;(2)accept the next highest bid; (3)offer horse for auction a second time;(4)retain horse for Owner as unsold. Sales Management shall not be liable for any deficit should any resale price be less than that on the initial sale. In any instance where a horse is not paid for in full, or should conditions made an immediate resale as provided above impossible or impractical, Owner agrees to receive the animal back as unsold, without further obligation by the Sales Management.
11.Remittance of net proceeds to Owner from Sales Management will begin after buyer’s payment is deemed sufficient and, if all the following have been complied:(1)all necessary documents pertaining to the horse and necessary to complete the sale have been secured by Sales Management from Owner;(2)any dispute or claim by the buyer or any third party has been resolved. All documents pertaining to the horse shall be held by Sales Management until Owner’s accounts are balanced and buyer’s payment clears the drawee’s bank and becomes unconditional credit. Transfer fee is the Owner’s responsibility and the standard charges will be debited to Owner’s account with Sales Management.
12.Owner agrees to save, hold harmless, and indemnify Sales Management, its directors, partners, or officers, and their gents, employees or servants, from and against any and all liability, debt, claims, suits, losses, damages, causes of action, judgments, costs and expenses; including attorney’s fees arising or allegedly arising from personal injury or death of any person or horse, including but not limited to employees of the Owner, property damage, including loss of use thereof, economical loss or otherwise, arising or growing out of the Owner ’s use of any of the facilities in connection with the Owner ’s sale due in any manner to the negligence or intentional acts of the Owner, any of its employees, agents or servants in the performance of the Owner ’s sale or any act, error ,omission or negligence of Sales Management occurring concurrently with that of the Owner or contributing in any loss indemnified hereunder. It is further understood and agreed that in no case will Sales Management, or its directors, partners, or officers be held responsible for any loss, damage or injury of any character to any person, animal or article arising from or occurring during the sale.
13.Binding Arbitration. If a dispute should arise between Owner and Sales Management or Buyer and Sales Management, all claims, disputes, controversies, differences or other matters in question arising out of the Sales Management’s relationship to any party in the matters stated in this Agreement (the claims)and all other matters in which Sales Management has provided any type of services at any time, whether or not those matters are encompassed within this document (including, but not limited to compensation for fees ,expenses and/or commissions)shall be settled finally, completely and conclusively by binding arbitration in Fort Bend County, Texas, in accordance with the Commercial Arbitration rules of the American Arbitration Association (the “Rules”),by one or more arbitrators chosen in accordance with the Rules. Arbitration shall be initiated by written demand of the party seeking arbitration. A decision of the arbitrator or arbitrators shall be final, conclusive and binding on the parties and judgment may be entered thereon in the District Court of Fort Bend County, Texas, to enforce such decision and the benefits thereof. Any arbitration held in accordance with this paragraph shall be private and confidential and no person shall be entitled to attend the hearings except the arbitrator(s),the stenographer,(if one is requested),the parties and the attorney(s)for the parties and/or representative(s) designated by the parties. The matters submitted for arbitration, the hearings and proceedings there under and the arbitration award shall be kept and maintained in strictest confidence by the parties and shall not be discussed, disclosed or communicated to any person. On request of any party, the record of the proceeding shall be sealed and may not be disclosed except insofar and only insofar, as may be necessary to enforce the award of the arbitrators and any judgment enforcing such award. The prevailing party shall be entitled to recover reasonable and necessary attorneys’ fees and the costs of arbitration from the non-prevailing party.
14.This business is regulated by the Department of Licensing and Regulation. This does not imply approval or endorsement by the State of Texas, unresolved complaints should be directed to: Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711 (512-463-6599).