GENERAL PROCEDURES AND IMPORTANT AUCTION NOTICES FOR ALL PARTICIPANTS

MUST REGISTER FOR A BUYER NUMBER

WESTERN BLOODSTOCK LTD RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO ACCEPT OR REJECT THE REQUEST FOR A BUYER NUMBER.

CONDITIONS OF SALE

ALL PROSPECTIVE PARTICIPANTS ARE URGED TO TAKE NOTICE OF AND THOROUGHLY READ THIS DOCUMENT AND THE CONDITIONS OF SALE FOR THE AUCTION.

IMPLIED WARRANTY

THERE ARE NO IMPLIED WARRANTIES MADE BY AUCTIONEER OR OWNER AS TO THE MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR OTHERWISE OF ANY ANIMAL OFFERED FOR SALE IN THIS AUCTION. AUCTIONEER MAKES NO WARRANTIES WHATSOEVER.  ALL HORSES SELL “AS IS, WHERE IS” WITH ALL EXISTING CONDITIONS AND DEFECTS.

EXAMINE HORSES

Personally inspect any horse of interest thoroughly PRIOR TO BIDDING OR BUYING.

Veterinary assistance is encouraged and is available at bidder’s expense on request.

GENETIC DISEASE PANEL

Western Bloodstock, LTD. does not interpret or endorse any test result, and make no covenant or warranty as to the accuracy thereof.

COGGINS & HEALTH

All horses in the sale must have tested negative for equine infectious anemia. Coggins tests completed within six months of the sale date are required. Health Certificates dated within (15) fifteen days of the sale date are required.

PRODUCE / MULTIPLE EMBRYOS / FROZEN EMBRYOS

Neither Auctioneer nor the pedigree research company shall be responsible for providing produce information as to unregistered foals, pending registrations, frozen embryos and multiple embryos (foals of the same year) out of mares or dams in the sale; nor shall they be liable in any way for Buyer’s or Seller’s belated awareness of such information.

AUCTIONEER DOES NOT GUARANTEE AQHA/APHA REGISTRATION OF ANY FOAL RESULTING FROM A FROZEN EMBRYO.

POST-SALE CARE

Seller agrees to proper care for 10 days after purchase of horse free of charge to the buyer.  When payment is deemed sufficient, horse will be released for pick up. Horses become the Buyer’s responsibility when SOLD. Buyers are advised to ensure proper care is provided.  Buyer is responsible for arranging transportation for any horses purchased.

ACCOUNT SETTLEMENT

Terms of payment are overnight check payable to Western Bloodstock, LTD. or wire transfer next business day.  Make all payments directly to Western Bloodstock, LTD. and not to Seller under any circumstance.

TRANSFERS

TRANSFER FEES ARE THE RESPONSIBILITY OF OWNER/SELLER. REGISTRATION CERTIFICATES AND COMPLETED TRANSFERS WILL BE MAILED DIRECTLY TO AQHA, APHA, OR NATIONAL DNA. BUYER SHALL RECEIVE ORIGINAL REGISTRATION CERTIFICATE DIRECTLY FROM THE APPLICABLE REGISTRY AFTER THE TRANSFER PROCESS IS COMPLETE.

CATALOG INFORMATION AND ANNOUNCEMENTS / DISCLOSURES

EVERY REASONABLE EFFORT HAS BEEN MADE TO ENSURE CORRECTNESS OF THE INFORMATION PRINTED ON THE SALE CATALOG PAGE.

AUCTIONEER disclaims responsibility for the consequences, if any, of any catalog errors. HOWEVER, NOTIFICATION OF ERRORS WOULD BE APPRECIATED.

USE CAUTION

All persons attending any facility do so at their own risk and are urged to use extreme caution.

WARNING: Under Texas law (chapter 87, civil practice, and remedies code), a farm animal professional or farm owner or lessee is not liable for an injury to or the death of a participant in farm animal activities, including an employee or independent contractor, resulting from the inherent risks of farm animal activities.

OTHER SPECIAL SUBJECTS OF INTEREST

VETERINARIANS

A pre-purchase veterinary examination is recommended. Any Buyer who fails to obtain a pre-purchase examination does so at Buyer’s sole risk and is subject to indemnity obligations because all horses are sold “AS IS.”

ENGAGEMENTS

Unless announced otherwise, all payments for eligibility in major aged events that become due after date of sale are the responsibility of Buyer, who should notify the proper association of new ownership.

REPOSITORY

Online viewing available through Asteris.

WESTERN BLOODSTOCK, LTD. — ASTERIS, INC. REPOSITORY/RADIOGRAPHS

Western Bloodstock, Ltd. encourages everyone to use the repository with their veterinarian to fully evaluate the radiographs available.

NOTE: RESULTS OF RADIOGRAPHS ARE NOT A CONSIDERATION FOR SALE ENTRY. Digital radiographs are not expected to prove an animal “perfect”: this practice merely allows interested parties the opportunity to make decisions based on information made available. Western Bloodstock, Ltd. does not view digital radiographs, does not use results to determine entry.

DIGITAL RADIOGRAPHS REMAIN THE PROPERTY OF WESTERN BLOODSTOCK, LTD. AND ARE NOT AVAILABLE FOR VIEWING AFTER A HORSE HAS SOLD.

REPOSITORY RULES

Western Bloodstock, Ltd. has established a Repository. The Repository provides veterinarians with off-premise viewing.

• Each veterinarian desiring to view radiographs on behalf of their client must register with Western Bloodstock, Ltd by completing the

            Veterinary Registration Form available at www.westernbloodstock.com.

° A User Name and Password will be assigned by Western Bloodstock which will allow veterinarians to view radiographs remotely via the Asteris website. To view radiographs remotely via the Asteris website, go to http://www.asteris.com, click on the “Client Tools” option, then click on “Access Your Data”. Log in with the user name and password provided by Western Bloodstock, Ltd.

° The User Name and Password are valid for the current sale only. Veterinarians must register with Western Bloodstock, Ltd for each sale.

° The User Name and Password are for single users only. Veterinarians are prohibited from sharing their User Name and Password with anyone else.

° For security purposes, the Repository software has tracking capabilities for the protection of the integrity of the repository process.

• All digital radiographs must be turned into the sale office and no information may be brought into or removed from the Repository for any reason whatsoever.
• A signed acknowledgement will be required agreeing that the information obtained from the Repository is confidential in nature.
• No copies or electronic transmission of any digital radiographs contained within the Repository will be submitted to anyone.
• Printed or electronic distribution of repository findings and photographs of radiographs are prohibited.

CONDITIONS OF SALE

FROM: WESTERN BLOODSTOCK LTD. (THE AUCTIONEER) TO:        ALL SALE PARTICIPANTS AND BIDDERS

READ THE FOLLOWING AND TAKE NOTICE BECAUSE THESE CONDITIONS OF SALE GOVERN ALL ACTIVITIES INVOLVING THE SALE. AUCTIONEER RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO SUSPEND ANY PERSON WHO VIOLATES THESE CONDITIONS IN ANY MANNER FROM FURTHER PARTICIPATION IN THIS OR ANY OTHER SALE CONDUCTED BY AUCTIONEER. AUCTIONEER FURTHER RE- SERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MAINTAIN A LIST OF PERSONS WHO VIOLATE THESE CONDITIONS IN ANY MANNER AND TO PUBLISH SUCH LIST IN FUTURE SALE CATALOGS.

No. 1 PRE-PURCHASE HORSE INSPECTION AND HEALTH INFORMATION (INCLUDING REPOSITORY)

A. Pre-Purchase Inspection: ALL PROSPECTIVE BIDDERS ARE HEREBY GIVEN NOTICE OF THEIR OPPORTUNITY TO INSPECT, AND ARE URGED TO PERSONALLY INSPECT, ANY HORSE THOROUGHLY PRIOR TO BIDDING. ANY PROSPECTIVE BIDDER MAY HAVE A VETERINARIAN MUTUALLY ACCEPTABLE TO OWNER PERFORM A FULL PRE-PURCHASE EXAMINATION OF A HORSE AT A REASONABLE TIME PRIOR TO THE SALE. PRIOR TO THE SALE, A PROSPECTIVE BIDDER MAY ALSO INSPECT ALL RADIOGRAPHS/ DISCLOSURES PLACED IN THE REPOSITORY RELATED TO THE HORSE TO THE EXTENT SUCH RECORDS HAVE BEEN PROVIDED BY OWNER. BUYER SHALL BE ASSUMED TO HAVE KNOWLEDGE OF ANY FAULT, DEFECT OR CONDITION THAT A REASONABLE INSPECTION OF THE HORSE OR THE RADIOGRAPHS/ DISCLOSURES IN THE REPOSITORY SHOULD REVEAL. BUYER SHALL BE SOLELY RESPONSIBLE FOR THE SUFFICIENCY AND COMPLETENESS OF SUCH INSPECTION.

B. Buyer’s Risk and Indemnity: BUYER’S FAILURE TO DO ANY OF THE FOREGOING PRIOR TO THE COMMENCEMENT OF BIDDING SHALL BE AT BUYER’S SOLE RISK. NEITHER OWNER NOR AUCTIONEER SHALL BE RESPONSIBLE FOR ANY FAULTS, CONDITIONS OR DEFECTS DISCOVERED AFTER THE SALE. BUYER SHALL INDEMNIFY AND HOLD HARMLESS AUCTIONEER, AND/OR ANY AGENT, EMPLOYEE OR REPRESENTATIVE THEREOF, FROM ALL LOSS, COST, EXPENSE, INCLUDING ATTORNEY FEES, OR ANY CLAIM ARISING FROM BUYER’S FAILURE TO DO ANY OF THE FOREGOING OR ANY FAULTS, CONDITIONS OR DEFECTS DISCOVERED AFTER THE SALE.

C. Repository, Disclosures and Owner’s Indemnity:

1. MAINTENANCE OF THE REPOSITORY SHALL NOT ALTER THESE CONDITIONS OF SALE, WHICH SHALL BE BINDING ON ALL SALE PARTICIPANTS AND ATTENDEES.
2. SUBMITTED RADIOGRAPHS REMAIN THE PROPERTY OF AUCTIONEER AND ARE NOT AVAILABLE FOR VIEWING AFTER A HORSE IS SOLD.
3. AUCTIONEER WILL NOT REVIEW AND SHALL NOT BE RESPONSIBLE FOR THE RADIOGRAPHS IN THE REPOSITORY AND MAKES NO WARRANTY WHATSOEVER REGARDING THE COMPLETENESS OR ACCURACY THEREOF. ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED BY AUCTIONEER.
4. KNOWLEDGE OF THE RADIOGRAPH INFORMATION IN THE REPOSITORY SHALL NOT BE IMPUTED TO AUCTIONEER UNDER ANY CIRCUMSTANCES.
5. OWNER IS SOLELY RESPONSIBLE FOR PROVIDING RADIOGRAPHS PLACED IN THE REPOSITORY ON HORSES OFFERED FOR SALE. OWNER SHALL BE SOLELY RESPONSIBLE FOR INFORMING AUCTIONEER OF ANY FAULTS, DEFECTS OR CONDITIONS OF HORSES OFFERED FOR SALE SO PROPER DISCLOSURES DISCLOSING THE SAME CAN BE MADE DURING THE SALE. OWNER SHALL BE SOLELY RESPONSIBLE FOR ANY FAILURE TO DISCLOSE THE SAME TO AUCTIONEER AND, IN ANY EVENT, FOR ANY OMISSION OF SALE REPOSITORY DISCLOSURE BY AUCTIONEER. OWNER SHALL INDEMNIFY AND HOLD HARMLESS AUCTIONEER, AND/OR ANY AGENT, EMPLOYEE OR REPRESENTATIVE THEREOF, FROM ALL LOSS, COST, EXPENSE, INCLUDING ATTORNEY FEES, OR ANY CLAIM ARISING FROM ANY DISCLOSURE OR FAILURE TO DISCLOSE OR FROM ANY INACCURACY IN OR OMISSION FROM THE RADIOGRAPHS IN THE REPOSITORY.
6. INFORMATION SUPPLIED TO THE REPOSITORY BECOMES THE SOLE PROPERTY OF AUCTIONEER AND MAY BE USED IN THE EVENT OF A DISPUTE. AUCTIONEER WILL NOT ANNOUNCE THE RESULTS OF RADIOGRAPHS.
7. Genetic Disease Panel test results are printed on the catalog page. If received after catalog is printed results will be announced from the auction block and are available for viewing in the repository. AUCTIONEER EXPRESSES NO OPINION AS TO CURRENT AVAILABLE GENETIC DISEASE PANEL TESTS. AUCTIONEER DOES NOT INTERPRET OR ENDORSE ANY TEST RESULTS AND MAKES NO COVENANT OR WARRANTY AS TO THE ACCURACY THEREOF.

D. All Owners of horses consigned to this sale are required to provide to buyer an original negative Coggins test report dated within six (6) months of the sale and an original health certificate dated within fifteen (15) days of the sale. Health certificates for out-of-state departures may be obtained at Buyer’s expense.

No. 2 NO RETURNS OR REFUNDS

ALL SALES ARE FINAL AND BINDING. NO HORSES ARE SUBJECT TO RETURN AND NO REFUNDS SHALL BE MADE EXCEPT AS STATED IN CONDITION NO. 4 BELOW OR PURSUANT TO THE BINDING ARBITRATION PROCEDURES STATED IN CONDITION NO. 15 BELOW.

No. 3 EXCLUSION OF WARRANTIES AND “AS IS” SALES

A. ALL SALES ARE “AS IS”: SUBJECT ONLY TO OWNER’S LIMITED WARRANTIES EXPRESSED IN CONDITION NO. 4 BELOW, EACH HORSE IS SOLD “AS IS” WITH ALL FAULTS, DEFECTS AND CONDITIONS, IF ANY, AND WITHOUT ANY FURTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. BUYER SHALL BE DEEMED TO ACCEPT ANY HORSE PURCHASED AS SUCH.

B. Warranties by Owner Only: NEITHER AUCTIONEER,  NOR ANY SPONSORS  MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE HORSES SOLD OR OFFERED FOR SALE, INCLUDING ANY WARRANTY AS TO THE PERFORMING SOUNDNESS, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR BREEDING QUALITIES OR  SOUNDNESS OF ANY HORSE OFFERED IN THE SALE. ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXRESSLY DISCLAIMED. “PUFFERY” OR ANY OTHER STATEMENT BY AUCTIONEER OR ANYONE ACTING ON ITS BEHALF SHALL NOT BE CONSIDERED A REPRESENTATION OR WARRANTY UNDER ANY CONDITION, AND PROSPECTIVE BIDDERS SHOULD NOT RELY ON SUCH STATEMENTS AS A REPRESENTATION OR WARRANTY BY AUCTIONEER. AUCTIONEER SHALL HAVE NO RESPONSIBILITY FOR ANY WRITTEN OR VERBAL ARRANGEMENTS BETWEEN OWNERS AND PROSPECTIVE BIDDERS/ BUYERS WHICH DIFFER FROM THESE CONDITIONS OF SALE.

No. 4 OWNER’S EXPRESS LIMITED WARRANTIES AND BUYER’S LIMITED RIGHT OF RETURN

A. Owner’s Limited Warranties: Unless stated otherwise in the sale catalog and/or unless otherwise disclosed in the Sale Repository (disclosures) at the time of sale on Owner’s behalf, Owner makes the following limited warranties and only these warranties to potential bidders and Buyers:

     (Auctioneer will exercise its’ sole discretion in making disclosures.)

1. Owner warrants the correct identity and title to each animal free from all liens and adverse claims to ownership, use or possession, and agrees to defend title against all claims, including any claims which arise from the animal’s failure to satisfy the AQHA’s requirement of parentage.
2. Owner warrants that the horse is not a cribber.
3. Owner warrants that the horse does not possess any deviation from the norm in eyes and mouth.
4. Owner warrants that yearlings, two-year-olds and horses sold under saddle have not been nerved and have not undergone invasive joint surgery.
5. Owner warrants that the horse has not been foundered nor has it been diagnosed with navicular disease.
6. Owner warrants that the horse has not undergone abdominal surgery.
7. Owner warrants that the horse’s sex is as described in the catalog. Owner further warrants that colts or stallions at least thirteen (13) months of age at the time of sale possess two (2) palpable testicles descended to the scrotum. There is no representation or warranty as to the size or function of testicles. When at least one testicle is not palpable in its entirety below the external inguinal ring, such horse will be announced as a ridgeling. When both testicles have been removed surgically, such horse will be announced as a gelding.
8. Owner warrants that all mares at least eighteen (18) months of age at the time of sale possess two (2) palpable ovaries and, unless specified as such, are not pregnant.
9. Owner warrants that each horse offered for breeding is suitable for breeding.
10. Owner warrants that the horse’s tail has not been altered in any way.

B. Owner is Solely Responsible for Disclosures: In the event a horse possesses any defects or conditions inconsistent with the foregoing limited warranties, Owner shall inform Auctioneer of the same immediately, and in any event prior to sale of the horse, so that proper disclosures disclosing the same can be made during the sale. Owner shall be solely responsible for any omission of disclosure by Auctioneer under any and all circumstances.

C. Exclusion of All Other Warranties: THE LIMITED WARRANTIES STATED IN THIS CONDITION NO. 4 ARE THE ONLY WARRANTIES MADE BY OWNER. AUCTIONEER MAKES NO WARRANTIES WHATSOEVER.

D. Cloning Rights: Owner agrees that exclusive cloning rights to the animal sold pass to Buyer unless otherwise announced. Neither Auctioneer nor the pedigree research company retained by Auctioneer shall be responsible for providing information regarding tissue retained by Owner for future cloning or information as to same year siblings resulting from embryo transfer or for reporting multiple embryos (foals or embryos in utero in recipient mares of the same year) out of dams in the sale; nor shall Auctioneer or the sale catalog company be liable in any way for any Buyer’s knowledge/lack of knowledge of such information.

E. No Right of Return:  All horses sell “As Is, Where Is” with all existing conditions and defects.

1. It is agreed that each pregnant broodmare in the sale will be offered with a veterinary certificate provided by Owner in conformity with standards established by the American Association of Equine Practitioners, showing her to be pregnant, in the opinion of the examining veterinarian, based on manual examination within fifteen (15) days prior to the date of sale.  Any contractual agreements between Owners of these broodmares in the sale and Owners of stallions to which these mares may have been bred are strictly between Owner and Buyer, not Auctioneer.  Additionally, any agreements between Owners of mares in the sale and breeding or embryo transfer facilities are strictly between Owner and Buyer, not Auctioneer.

No. 5 CATALOG INFORMATION AND DISCLOSURES

A. Every reasonable effort has been made to ensure correctness of the information printed in the sale catalog.  AUCTIONEER disclaims responsibility for the consequences , if any, of any catalog errors.  HOWEVER, NOTIFICATION OF ERRORS WOULD BE APPRECIATED.

B. Neither Auctioneer nor the pedigree research company shall be responsible for providing produce information as to unregistered foals, pending registrations, frozen embryos and multiple embryos (foals of the same year) out of mares or dams in the sale; nor shall they be liable in any way for Buyer's or Seller's belated awareness of such information.

No. 6 BIDDING PROCEDURES

A. Bidding Procedures: The person making the highest bid recognized by Auctioneer shall be the Buyer. Any sale participant who buys is fully responsible for that purchase and cannot assign ownership to a second party.

B. Owner’s Right To Bid: The right to bid in the sale is reserved for all Owners.

C. Owner’s Completed Sale: Owner warrants that Auctioneer is entitled to all applicable sale fees if a horse sells as a result of the sale. Owner agrees that Auctioneer shall use any means available to collect applicable fees if a horse sells as a result of the sale.

D. Upset Price: Unless waived by announcement, there shall be a $1,000 upset price on any horse offered for sale.

No. 7 BIDDING DISPUTES

A. Any bidding dispute that arises shall be regulated according to the established customs and practices of professional auction sale companies.

No. 8 SETTLEMENT OF ACCOUNT

A. Payment: Settlement of account for any purchase shall be made by paying the purchase price in full and in good funds directly to Auctioneer’s sales cashier within the specified time. Settlement for all purchases shall be made with U.S. currency or with funds from a U.S. bank in the form of a bank check or wire transfer.

B. Notice Regarding Failures to Pay: Any person signing a check is liable for the full amount of the check. Any party issuing a check returned as “insufficient funds” or “payment stopped” or “account closed”, or issuing a check that for any other reason does not clear drawee’s bank, is subject to being prosecuted to the full extent of the law and is further subject to all legal and equitable remedies, including interest, court costs and attorney fees.

C. Defaulters: SHOULD BUYER FAIL TO COMPLY IN ANY RESPECT WITH THESE CONDITIONS, AUCTIONEER MAY, IN ITS ABSOLUTE AND SOLE DISCRETION, PURSUE ANY REMEDY AVAILABLE TO IT AGAINST THE DEFAULTING BUYER, INCLUDING BUT NOT LIMITED TO TAKING POSSESSION OF THE HORSE AND/ OR RESELLING THE HORSE AT PUBLIC AUCTION OR BY PRIVATE SALE.

D. Removal of Horses After Sale: Seller agrees to keep horse for 10 days after purchase of horse free of charge to the buyer.  When payment is deemed sufficient, horse will be released for pick up.

E. Security Interest: Any Buyer who purchases a horse grants to Auctioneer a SECURITY INTEREST in all horses purchased and their proper certificates of registration and in any products and proceeds, in the amount of any outstanding sum owed to Auctioneer on Buyer’s account.

No. 9 PASSAGE OF TITLE, RISK OF LOSS AND POSSESSION OF HORSE

A. Passage of Title and Risk of Loss: All risk of loss, title to, interest in and possession of the horse(s) shall remain with Owner until the “fall of the hammer”, the point in time where bidding has closed online for each lot.  Notwithstanding the fact physical delivery of the horse to Buyer is yet to be made, title and ALL RISK OF LOSS, INJURY, SICKNESS, DISEASE AND ANY AND ALL OTHER RISKS PERTAINING TO THE HORSE PURCHASED SHALL PASS TO BUYER AUTOMATICALLY AND IMMEDIATELY WHEN SOLD, whereupon Buyer assumes all risk of loss and all responsibility, stabling, care and expenses for the horse. Upon sale, Buyer becomes obligated to INDEMNIFY AND HOLD HARMLESS Auctioneer, and/or any agent, employee or representative thereof, from all loss, cost and expense arising from (i) the illness, injury or death of the purchased horse, (ii) loss or damage to property caused by the purchased horse or (iii) injury or death of persons caused by the purchased horse.

B. Physical Delivery of Horse: Upon settlement by Buyer, the horse will be released for pick up. Upon settlement, Buyer will receive the current Coggins test, a copy of the registration certificate, a copy of any applicable breeder’s certificate and/or a copy of any registration application available for a horse pending registration.

No. 10 REGISTRATION AND BREEDER’S CERTIFICATES

A. All original registration certificates, transfer reports, applicable breeder’s certificates and/ or registration applications shall be held by Auctioneer until Buyer’s payment clears the drawee’s bank and becomes an unconditional credit of payment of account. Upon the clearance, all original registration certificates and transfer papers will be forwarded by Auctioneer directly to the proper breed association for transfer of registration into Buyer’s name. Owner shall be responsible for payment of all applicable transfer fees.

B. The paperwork for foals selling on application, and for all breeder’s certificates for pregnant mares, will be forwarded to Buyer by Auctioneer. Pending registration certificates being processed by the appropriate registration agency at the time of sale shall be returned from that agency to Owner, who shall in turn directly deliver such to Auctioneer. Auctioneer will then forward the registration certificate and transfer report to the proper breed association.  AUCTIONEER DOES NOT GUARANTEE AQHA/APHA REGISTRATION OF ANY FOAL RESULTING FROM A FROZEN EMBRYO.

C. Original registration certificates and accompanying paperwork will be released to Owner for any horses not sold after all expenses are paid and any Owner payment has cleared the bank.

D. Auctioneer reserves the right to withhold delivery of all registration documents for all horses bought by a Buyer until such time as Buyer’s or Owner’s account with Auctioneer has been paid in full.

No. 11 GOVERNING LAWS

A. AUCTIONEER HAS NOT PHYSICALLY INSPECTED ANY OF THE HORSES SOLD OR OFFERED FOR SALE FOR ANY PURPOSE. THERE SHALL BE NO WARRANTY, EXPRESS OR IMPLIED, CREATED OR INTENDED BY AUCTIONEER, OR ANY REPRESENTATIVE THEREOF, AS TO THE SOUNDNESS, PHYSICAL CONDITION, HEALTH, DISPOSITION, FERTILITY, PREGNANCY STATUS OF BROODMARES, OWNERSHIP, TITLE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, HERDA TESTING RESULTS OR OTHERWISE RELATING TO ANY HORSE OFFERED IN THE SALE OR THAT THE HORSE PRESENTED FOR SALE IS THE HORSE CATALOGUED. ANY AND ALL WRITTEN OR VERBAL HEALTH, MEDICAL AND LEGAL REPRESENTATIONS ARE MADE SOLELY BY OR ON BEHALF OF OWNER.

B. Auctioneer and its directors and employees are known and recognized as professionals in horse sales management. For the sale, Auctioneer shall only temporarily serve as an independent intermediary engaged in the business of conducting consignment sales of horses. Auctioneer holds no ownership interest in any of the animals consigned for sale, but its directors or employees may privately own animals expressly identified as such during the sale. Auctioneer, or any representative thereof, does not assume and shall not be responsible for any personal liability or liability of any other person or entity whatsoever, including, but not limited to, the loss, damage, injury, death or illness of any animal, person or property arising before, during or after the sale. All horses consigned to the sale are offered in accordance with the applicable laws of the State of Texas, including but not limited to the Texas Business and Commerce Code and Section 2.316(f) thereof providing that THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS DO NOT APPLY TO THE SALE OR BARTER OF LIVESTOCK OR ITS UNBORN YOUNG. ALL TRANSACTIONS BETWEEN OWNER, AUCTIONEER AND BUYER, AND ANY OTHER MATTER INVOLVING THIS SALE IN ANY WAY, SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS without reference to choice of law rules. All Owners/Sellers are hereby bound by the Consignment Contract and the information provided therein as submitted upon nomination of each sale entry, as well as these Conditions of Sale, as well as any disclosures made by or on behalf of Owners during the sale. In the event of any dispute between Buyer and Owner, Auctioneer shall only temporarily occupy the position of a third-party agent for a disclosed principal and stakeholder, and shall be discharged from all obligations owing to either Owner or Buyer upon delivery of any property, funds or registration certificates held by Auctioneer to a Court having proper jurisdiction of such dispute.

No. 12 USE CAUTION

All persons attending any facility do so at their own risk and are urged to use extreme caution. WARNING: UNDER TEXAS LAW (CHAPTER 87 OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE), A FARM ANIMAL PROFESSIONAL OR FARM OWNER OR LESSEE IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN FARM ANIMAL ACTIVITIES, INCLUDING AN EMPLOYEE OR INDEPENDENT CONTRACTOR, RESULTING FROM THE INHERENT RISKS OF FARM ANIMAL ACTIVITIES.

No. 13 INDEMNITY AND HOLD HARMLESS

A.  All Owners, prospective bidders and Buyers agree to save, HOLD HARMLESS and INDEMNIFY Auctioneer, the AQHA, the APHA and their respective agents, employees, partners, directors, officers and/or any person or entity acting on their behalf, from and against any and all liability, debt, claims, suits, losses, damages, causes of action, judgments, costs and expenses, including attorney fees, arising or allegedly arising from (i) personal injury or death of any person (including but not limited to employees of Owner or Buyer) or any horse, including but not limited to any claims arising out of injuries or damages caused by the horse after sold,  and (ii) property damage, including loss of use thereof, economic loss or otherwise, arising or growing directly or indirectly out of Owner’s or Buyer’s use of any of the facilities in connection with the sale, the conducting of the sale or anything occurring in connection with the sale.

B.  Indemnity by Owner for Misrepresentations or Omissions: In the event Owner misrepresents or fails to disclose any fault, defect or condition of a horse sold or offered for sale, or in the event any of Owner’s representations or warranties are incomplete or inaccurate in any way, Owner shall INDEMNIFY AND HOLD HARMLESS Auctioneer from any and all liability, debt, claims, suits, losses, damages, causes of action, judgments, costs and expenses, including attorney fees, incurred by Auctioneer as a result.

C.  Indemnity for Violations of these Conditions of Sale or Other Contracts: Each Owner, prospective bidder and Buyer participating in this sale agrees to save, HOLD HARMLESS and INDEMNIFY Auctioneer and its agents, employees, partners, directors, officers and/or any person or entity acting on its behalf, from and against any and all liability, debt, claims, suits, losses, damages, causes of action, judgments, costs and expenses, including attorney fees, arising or allegedly arising from such Owner’s, prospective bidder’s or Buyer’s violation or breach of any of these Conditions of Sale or of any other contract such party may have with Auctioneer relating to this sale, including but not limited to any consignment contract or any Buyer’s Acknowledgement of Purchase and Security Agreement

D.  Indemnity for Auctioneer’s Own Negligence: THE FOREGOING INDEMNITY OBLIGATIONS SHALL APPLY WHETHER OR NOT THE CLAIM OR LIABILITY IN QUESTION RESULTS OR IS ALLEGED TO RESULT IN WHOLE OR IN PART FROM THE SOLE, CONCURRENT OR COMPARATIVE NEGLIGENCE OR STRICT LIABILITY OF AUCTIONEER, ITS AGENTS, EMPLOYEES, PARTNERS, DIRECTORS, OFFICERS AND/OR ANY PERSON OR ENTITY ACTING ON ITS BEHALF, OR ANY DEFECT IN THE PREMISES, EQUIPMENT OR TOOLS OWNED, OPERATED OR CONTROLLED BY AUCTIONEER. THUS, IT IS UNDERSTOOD AND AGREED THAT IN NO CASE SHALL AUCTIONEER, ITS EMPLOYEES, AGENTS, DIRECTORS, PARTNERS OR OFFICERS BE RESPONSIBLE FOR ANY LOSS, DEATH, DAMAGE OR INJURY OF ANY CHARACTER TO ANY PERSON, ANIMAL OR ARTICLE ARISING FROM OR OCCURRING DURING THE SALE.

E.  Indemnity Obligations Cumulative: THE INDEMNITY OBLIGATIONS STATED IN THIS CONDITION NO. 13 ARE IN ADDITION TO THOSE STATED ELSEWHERE IN THESE CONDITIONS OF SALE, IN OWNER’S CONSIGNMENT CONTRACT OR OTHERWISE.

No. 14 OTHER

A.  Information Not Confidential: All information concerning sales prices, incidental and consequential sales expenses, the existence and amounts of liens, charges, and other claims, and the final payment of accounts with respect to Buyers, Sellers, Breeders and Owners, SHALL NOT be deemed to be confidential in nature. All parties agree that Auctioneer may, but shall not be required to, disclose such information without incurring liability to any party.

B.  Entire Agreement with Buyer: The entire agreement with Buyer regarding the sale and purchase of a horse at the sale is contained in these General Procedures and Conditions of Sale. Auctioneer shall not be bound by any oral or written agreement between Buyer and Owner unless agreed to in writing and signed by Auctioneer.

No. 15 BINDING ARBITRATION AND LIMITATION OF DAMAGES

A.  Claims Not Involving Auctioneer: Any controversy between Buyer and Owner shall be settled by arbitration between Buyer and Owner pursuant to the following procedure: Upon Auctioneer’s determination that a claim under such Conditions of Sale has been timely and properly presented by Buyer pursuant to these Conditions of Sale, and upon notice from Auctioneer, Buyer and Owner shall each select a licensed veterinarian at its own expense. If such veterinarians fail to agree promptly as to the validity of the claim, said veterinarians, with the approval of Buyer and Owner, shall agree upon a third licensed veterinarian. If no agreement can be reached, Auctioneer shall select the third veterinarian. The third veterinarian’s fee, expenses and costs shall be paid by the non-prevailing party. The panel of three veterinarians shall conduct any tests, investigation or examinations which they deem necessary, and may, in their discretion, conduct a hearing by notifying Auctioneer to arrange for the hearing at a location to be determined by the arbitrators, and shall, by majority vote, determine the validity of the claim. Should Buyer prevail in the arbitration of a dispute and thereafter wish to return the horse and receive a refund, all fees associated with the sale become immediately due and payable to Auctioneer from Owner. Any costs incurred by Auctioneer for care of the horse during the resolution of the dispute shall be paid to Auctioneer by the non-prevailing party prior to release of such horse by Auctioneer. Moreover, if a Buyer gives notice of a dispute hereunder or refuses to pay for a horse because of a claim of misrepresentation, fraud or breach of any of Owner’s limited warranties, Auctioneer, in its sole discretion, may elect not to pay Owner the net proceeds of the sale of the horse(s) in question until the claim has been finally resolved and the proceeds of the sale have been received by Auctioneer. If it is determined that a horse was sold and misrepresented by Owner, in addition to Owner’s indemnity obligations all fees associated with the sale become due to Auctioneer from Owner. The prevailing party shall be entitled to recover reasonable and necessary attorney fees and the costs of arbitration from the non-prevailing party.

B.  Claims Involving Auctioneer: If a dispute should arise between Owner and Auctioneer or Buyer and Auctioneer, all claims, disputes, controversies, differences or other matters in question arising out of Auctioneer’s relationship to any party in the matters stated in these Conditions of Sale and all other matters in which Auctioneer 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 Weatherford, Parker County, Texas, in accordance with the Commercial Arbitration Rules of the American Arbitration Association, by an arbitrator chosen in accordance with said Rules; provided, however, Auctioneer shall be entitled to seek all legal and equitable remedies, including but not limited to civil or criminal judicial relief, in order to enforce or foreclose its security interest, to recover horses sold and not paid for in full and/or to collect payment for horses. 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 Parker 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 attorneys for the parties and/or representatives designated by the parties. The matters submitted for arbitration, the hearings and proceedings thereunder 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 except as required by law or as necessary to enforce rights thereunder. 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 attorney fees and the costs of arbitration from the non-prevailing party.

C. Claims Involving Participants: Except as to disputes between Buyers and Owners governed by the foregoing paragraph A, any participant in the sale, whether or not a Buyer, Owner or bidder, agrees to resolve any claims, disputes, controversies, differences or other matters arising directly or indirectly out of his or her participation in the sale by binding arbitration in accordance with the foregoing paragraph B.

D.  No Consequential Damages: In no event shall Auctioneer or Owner be liable for consequential damages of any kind or character.

E.  Waiver of Jury Trial: By virtue of the foregoing arbitration provisions, all Owners, Buyers, bidders, and attendees voluntarily and intentionally waive any right that they may have to a trial by jury in respect to any litigation arising from or connected with the sale.

 Copyright 2024 Western Bloodstock, Ltd.

SALE INFORMATION

PLEASE READ THIS COMPLETELY BEFORE BIDDING AND BUYING

IMPORTANT: Please review ALL of the following before bidding: Terms and Conditions, Privacy Policy, Terms of Use - you agree to these by checking the box "I have read and agree to the General Conditions of Sale , Terms of Use and Privacy Policy" when registering to bid.

Please click here to review the Privacy Policy.

Please click here to review the Terms of Use.

Please click here to review the General Conditions of Sale/Sale Agreement.

Please review all information below as well. 

POST SALE CONTACT EMAIL:

PAYMENTS: stephanie@westernbloodstock.com

PAPERWORK: kelsey@westernbloodstock.com

POST-AUCTION PROCEDURES

If you purchase a horse on the auction, here is the process:

1. AFTER ALL LOTS HAVE COMPLETED you will receive an email with the following:

-Horse Information/Purchase Price

-Payment Information

Payment Options are:

     Wire Transfer to Western Bloodstock, Ltd – wire instructions will be in email.

• Wire Confirmation must be emailed the next business day after sale.

     Check payable to Western Bloodstock, Ltd sent via overnight service (FedEx or UPS only) to:

• Western Bloodstock, Ltd, 9710 Mineral Wells Hwy, Weatherford TX 76088
• Tracking Confirmation must be emailed the next business day after sale.

AQHA Transfer Information

“Transfer Information Form” will be included with your payment information email.  Must be completed and returned to Western Bloodstock, Ltd with payment confirmation.

EMAIL VERIFICATION OF PAYMENT & TRANSFER INFORMATION TO stephanie@westernbloodstock.com

When payment is received and cleared in the office, your horse will be ready for transport.