Terms and Conditions of Sale

By Clicking "I agree" and entering your horses information, you are creating a legally binding contract to enter your horse in the Rodeo Horses Unlimited 2008 Spring Sale

1.       Consignment forms must be accompanied by original registration papers , minimum $100.00 set-up fee/deposit and a signed transfer or full catalog Fee and a photocopy of the registration papers.(Full catalog fee is $325.00, this includes the deposit.)

2.       Consignors will be paid within 10 banking days from day of sale, except for horses selling as PAPERS IN ASSOCIATION or SELLING ON REGISTRATION APPLICATION. Those sale proceeds will be withheld from the consignor until original registration papers are received in the BHU Sales office. Any discrepancies found by buyer and reported within 72 hours of sale will be mediated by BHU Sales and proceeds held until agreement between buyer and seller is reached according to the Terms & Conditions of the sale.

3.       Mares selling in foal must have a completed and signed breeder’s certificate or a letter from the stallion owner stating the breeder’s certificate will be issued at foaling.

4.       Barrel Horses Unlimited LLC and its associates act as agent only on all sales and are not responsible for buyer seller error or misunderstanding.

5.       Any defects or bad habits must be called when horse is sold.  (Example: Cryptoids, Cribbers, Lameness or Unsoundness, Parrot Mouth, etc.)

6.       Minimum starting bid will be $500.00 – No horses will be put on the internet previews or officially entered into the sale until either registration papers or full consignment fee have been received by sale office.

7.       The commission will be seven percent (7%) of the final bid on sold horses.  The consignor will have the privilege to re-purchase his horse.  If the horse is re-purchased, the cost to the consignor will be only the catalog fee  plus $75.00 MIMINUM COMMISSION / OFFICE PROCESSING FEE.  Three generation pedigrees will be printed in the catalog on all horses consigned. Sire and dam notes based on the current statistics of the American Quarter Horse Association and American Paint Horse Association will be furnished on all horses.  Any other association must be furnished by consignors.

8.       Only horses consigned to the sale will be allowed on the sale grounds. All horses sold before, during and 24 hours after the sale will be subject to the 7% sales commission in addition to the catalog fee. All consignments must go through the sale ring.

9.       Registration Papers WILL NOT BE GIVEN TO SELLERS on horses that are passed out unless or until their account is paid in full.  If the account has a zero balance, they will be mailed or available for pick up after May 25th, 2008.

10.    A $5.00 Halter Charge will be applied to the seller for every horse that is sold.  A new halter is given to the buyer when payment is made.

11.    Individual NEGATIVE COGGINS TEST current within 12 months and a HEALTH CERTIFICATE is required for each horse.

12.    Video Previews available on the internet AND video taken the day of sale are an added benefit to both sellers and buyers, BUT is not a guarantee.   No refunds will be given due to videos not played at sale time for any reason.

13.    The catalog fee is non-refundable.  Consignor agrees not to withdraw entry except for serious injury or sickness, and will furnish BHU Sales with a notarized veterinary statement prior to the sale.

14.    Upon execution of this contract.  Consignor agrees not to dispose of the horse by private sale.  Any horse withdrawn from the sale, for any reason other than infirmity will be assessed a $500 penalty in addition to the $325 catalog fee or 7% of the selling price, whichever is greater.

15.    If tested, HYPP (Hyperkalemic Periodic Paralysis) test results must be disclosed on all horses descended from the stallion IMPRESSIVE.

16.    Every effort will be made to assure correctness of the sale catalog.  BHU Sales and Staff are not responsible for any statements—either verbal or written—regarding horses sold. 

17.    ALLEY SALES—All alley sales done before, during and after the sale must be run through the sale office.

IMPORTANT NOTICE TO PROSPECTIVE BUYERS

Please read and familiarize yourself with the

TERMS AND CONDITIONS of this sale

You will be bound by these Terms and Conditions

whether you read them or not!

Rodeo Horses Unlimited, its associates and the auctioneers' function is to bring the buyer and the seller together.

All responsibilities and guarantees lie between the buyer and seller.

ERRORS Every effort has been made to assure correctness of the catalog. The sales management and auctioneers are not responsible for error or omissions and assume no liability on its part as to any statements verbal or written regarding horses sold. In case typographical or other errors are discovered in the printed sales catalog, the auctioneer will announce them and a memorandum will be kept of such corrections which takes precedence over printed matter in the catalog. BUYERS ARE CAUTIONED TO PAY CLOSE ATTENTION TO THE AUCTIONEER'S ANNOUNCEMENTS.

TIE BIDS The highest bidder will be the buyer and if a dispute arises between two or more bidders, the horse in dispute shall immediately be put up again for advance bids. If there is no advance, the horse shall go to the person from whom the auctioneer recognized the last bid. The auctioneer will decline any bid made by parties who have defaulted in former purchases or by persons, who, in his judgment, are not responsible bidders. The consignor shall have the right to pass out or no sale his or her horse. All consignors who no sale their animal must do so prior to the animal leaving the sales ring

ALLEY SALES All alley sales done before, during and after the sale must be run through the sale office.

REGISTRATION PAPERS All papers will be withheld until payments clear the bank. Buyers paying cash may pick up papers the day of sale. Buyers shall be responsible for association fees to transfer registration to their name.  Sellers shall be responsible for association fees on registration papers not currently transferred to their name.

RELEASES Upon receiving payment for a horse, the cashier will issue an order to obtain delivery. Buyers are cautioned not to lose these orders. Buyers must make arrangements for care of stock until it can be removed.

RESALES If the highest bidder fails to immediately execute the Sale ticket or otherwise fails to comply with the Sale Conditions or the published Settlement procedures, or in the event of a mistake by the auctioneer, Rodeo Horses Unlimited, LLC, reserves the option to thereafter resell the animal at the sale and such resale will terminate all obligations of Rodeo Horses Unlimited, LLC and the consignor to honor any prior bid.

DEFAULT If any person shall purchase a lot and not pay for it as prescribed above, nothing shall prevent the auctioneer or the owner from compelling the purchaser to pay for it if the auctioneer or seller shall so deem fit.

LIMITED WARRANTIES The seller is the responsible party for all representations or warranties, expressed or implied concerning the condition of any horse and buyers should satisfy themselves concerning the condition of any horse they purchase. Except as otherwise announced by the auctioneer at the time of sale, the consignor of each animal represents and warrants to the buyer and Rodeo Horses Unlimited, LLC the following: 1. Title of the animal is free from all adverse claims to ownership, use or possession. 2. The animal is sound of eyes and wind. 3. The animal is not a "cribber" or "wind sucker". 4. The animal has not been nerved or have navicular disease, or is foundered. 5. The sex or condition as a gelding or ridgeling is as described in the sale catalog or announced at time of sale. 6. Any animal which at time of sale is described as a colt and does not at such time have two testes descended to the scrotum must be announced. Warranty with respect to descended testes does not apply to any horse sold prior to July 1 of his yearling year. 7. The horse does not possess the defect commonly known as "parrot mouth'. If any of these conditions are announced, the consignor is held harmless for the condition. 8. Spurs, OCD's or Bone Cysts that appear radiographically but do not effect the horse's movement at time of sale (is negative flexion test) will NOT constitute grounds for refund. A horse shall be considered sound that travels sound at the time of sale. Buyers basing purchases on radiographic Interpretation must do so PRIOR to sale time. Except for the foregoing limited warranties, each animal is sold by the consignor WITHOUT WARRANTY AND WITH ALL FAULTS Every horse is sold under this rule; therefore, no horse can be rejected by the buyer when struck off by the auctioneer.

DISPUTES In the event a dispute should arise as to a particular defect which should have been, but was not announced as described above, the buyer has the right to have a veterinarian examine the horse he has purchased to determine if the horse suffers from the defect. This examination is to be made and Rodeo Horses Unlimited, LLC is to be notified within 48 hours from the end of the sale in which the horse was sold. If the purchaser's veterinarian determines the horse to have the alleged defect, the Sales Management as agent shall appoint a veterinarian of its choice to determine if the horse has the defect(s) and If the defect was present at the time of sale. His or her decision will be final. If the veterinarian determines that the defect was present at the time of the sale and it was not announced, the sale of said horse shall be null and void and the consignor must pay entry fee and commission as contained in' the consignor's contract, and the cost of any veterinary examination and veterinary work performed on the horse as a result of said defect. If the horse is determined by The Sales Management veterinarian not to have the alleged defect, the sale of said horse is valid and enforceable and purchaser assumes all costs of examination and treatment.

RIGHTFUL REJECTION. If the buyer rightfully rejects the animal in the manner stated above and within the time provided, the animal will be returned by the buyer to the consignor and the consignor will refund to the buyer the full purchase price of the animal together with all reasonable expenses Incurred by the buyer in connection with the animal from the time of sale until the return to the consignor.

BROODMARE - PREGNANCY STATUS The seller guarantees all mares were bred to stallions as indicated in the catalog. We believe them to be in foal but are selling them as they are and without return privileges, unless otherwise specified. Any purchaser of a brood mare sold in this sale as IN FOAL to a stallion may have her examined within 24 hours after the fall of the hammer and prior to removal from the sales premises by a veterinarian acceptable to the undersigned. Any broodmare so examined whose pregnancy status is found not to be as represented at the time of sale may be returned to the consignor as unsold and the consignor shall pay the veterinarian's fee for examination and is liable for the commission as if sold. If the broodmare is found to be as certified, the purchaser shall pay the examination fee.

TITLE Title to and risk of loss passes to the buyer when the animal is knocked off as sold by the auctioneer. Immediately after the horse is sold it will be the sole risk and responsibility of the buyer. Effective from the time of purchase, the buyer assumes responsibility for the maintenance and care of the animal. The buyer further agrees to indemnify and hold the consignor and Rodeo Horses Unlimited, LLC harmless from all loss, cost and expense arising from illness, injury or death of such animal, or loss or damage to property, and injury or death of persons, caused by the buyer, the buyer's agents or employees or by the animal subsequent to the time of purchase.

CONSIGNEE STATUS Rodeo Horses Unlimited, a division of Barrel Horses Unlimited LLC is an Oklahoma Corporation operating as an independent contractor regularly engaged in the business of conducting consignment sales. In the event of any dispute between the buyer and the consignor, Rodeo Horses Unlimited, LLC will occupy the position of agent for a disclosed principle and stakeholder and will be discharged from all obligations owing to the consignor or the buyer on delivery of any property or funds held by Rodeo Horses Unlimited, LLC to the court having jurisdiction of such dispute. Rodeo Horses Unlimited, a division of Barrel Horses Unlimited LLC makes no representation or warranty with respect to any animal and the buyer must look solely to the designated consignor for recovery of any damage by reason of the failure of any representation or limited warranty.

COGGINS TEST All horses in this sale are to tested negative for Equine Infectious Anemia (Coggins Test) within twelve months of sale date. It is the responsibility of the buyer to be knowledgeable of their state laws and the buyer will be responsible for acquiring an additional Coggins Test if necessary. (See Sale Office for list of the states requiring a 6 month test).

LIABILITY Buyers and spectators are cautioned to be careful while o the grounds and particularly while horses are being shown or sold in the sale ring.   All persons attending the sale do so at their own risk.  Neither the owners nor any other person connected with this sale assume any liability, legal or otherwise for accidents to persons or property, before, during or after the sale.  ALL HORSES MUST BE REMOVED FROM SALE PREMISES BY 9am May 25^TH.

READ THE TERMS AND CONDITIONS OF THIS SALE

EXAMINE HORSES PRIOR TO PURCHASING

ALL PROSPECTIVE BUYERS ARE CAUTIONED AND HEREBY ADVISED TO EXAMINE HORSES THOROUGHLY BEFORE PURCHASING. THERE IS NO IMPLIED WARRANTY MADE BY AUCTIONEER OR CONSIGNOR ASTOTHE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY ANIMAL OFFERED FOR SALE IN THIS AUCTION. PROSPECTIVE BIDDERS ARE THAT WARRANTIES ON HORSES PURCHASED ARE ONLY AS STATED IN TERMS & CONDITIONS.

ANNOUNCEMENTS

BUYERS PLEASE PAY ATTENTION TO ANNOUNCEMENTS made from the auction stand. If you are not sure about an announcement please ask the ring men you are bidding to for clarification im­mediately. If you have any other questions regarding the horse you are bidding on, please ask the ring men taking your bid immediately while the horse is in the sale ring.