| Terms and Conditions |
TERMS & CONDITIONS
BUYER AND SELLER’S
TERMS AND CONDITIONS
1. Trinity Valley Horse Sales is known and recognized as sale management and an independent contractor
regularly engaged in the business of conducting consignment sales of horses. The sale management or any
representation thereof, is not responsible for any liability whatsoever, including, but not limited to, the loss,
damage, injury, death or illness of any animal, person, or property before, during or after the sale. All horses
consigned to the sale are offered in accordance with the laws of the State of Texas. All transactions between buyer,
consignor and sale management are governed by the laws of the State of Texas. Each horse offered in sale is sold
“As Is and With All Defects”. Consignors are hereby bound by the consignment contract completed upon
nomination of sale entry, as well as these Sale Conditions. In the event of any legal dispute between the buyer and
the consignor, sale management will not act as agents for, or represent the buyer or the consignor. Sale
management merely provides a medium for bringing together the consignor and the buyer for the purpose of the
sales transaction. Sales management assumes no liability for either the buyer nor the consignor.
2..The highest bidder is to be the buyer. Any successful bidder shall sign a Buyers Agreement., which shall be
presented by an auction clerk immediately after the purchase has been made. Sale management and/or auctioneer
reserve the right to reject any and all bids. If a dispute should arise between or among two or more bidders, the
auctioneer shall settle the dispute, and his decision shall be absolute, final and binding on all parties. The
auctioneer will decline any bid made by parties who have defaulted in former purchases. The right to repurchase or
pass-out (P.O.), is reserved by the consignor or his representative. Any such action, must be made prior to the
consignor’s horse departing the auction arena. The sales management is not responsible for the integrity of any
specified bid and the seller understands and assumes all responsibilities for any bid that is made and not thereafter
honored. In the event any bid is not honored, the seller agrees not to hold the sales management responsible and
agrees not to sue the sales management thereof.
3. “Title” – passes to the buyer automatically at the final fall of the auctioneers gavel unless a repurchase of pass-
out (P.O.) is clearly indicated immediately by the consignor, his representative, or the auctioneer. Title and all risks
are assumed by the buyer whether or not delivery has been made. Horses are at the buyer's expense, risk, and
responsibility from the time of purchase; but no delivery will be made until final settlement as been made. Delivery
of a horse shall be contingent upon the buyer making a full settlement to the sale cashier. After a satisfactory
settlement is made, delivery will be in the form of a release for the horse from the auction grounds. In addition to
the release, the buyer will receive the current coggins test and a copy of the registration certificate. After delivery is
made, buyer shall remove the horse within the specified time announced prior to the commencement of the auction,
and shall be subject to any charges associated with the purchase should he fail to do so.
4. Terms of the sale are CASH and payment in full must be paid directly to the sale cashier during or immediately
after the sale. Payment to any other source is prohibited and is not recognized as settlement. Payment shall be in
the form of cash, cashier's checks, personal checks, traveler's checks or approved credit cards. Method of
payment shall also be made in the following credit cards: Mastercard, Discover/Novas, Visa, & American Express. A
valid driver's license or another form of positive identification are required for personal checks. A $25 office
processing fee will be added to all purchases. NO BANK DRAFTS. Any person signing a check in the State of
Texas is liable for the full amount of the check. Any party issuing a check returned as insufficient funds, payment
stopped, account closed, or a check that shall for any reason not clear drawer’s bank, will be prosecuted to the full
extent of the law.
5. Prospective buyers are hereby cautioned and advised by sale management to examine horses thoroughly prior
to purchasing. All horses are sold "as is". There is no warranty of any kind as to the soundness, physical condition,
health, disposition, or fitness for any particular purpose of any horse sold in this sale. Except in the case where the
owner, or his representative, makes a specific guarantee. In such cases, the guarantee is strictly by the owner, or
his representative, and not by the sale management. RIGHT OF RECOURSE MUST BE DIRECTLY TO THE
OWNER AND NOT THROUGH TRINITY VALLEY HORSE SALES. Sales management is not responsible for buyer or
consignor misunderstanding. A recording will be made of the entire auction, which can be used to help settle
disputes regarding statements made about the horses while in the auction arena. The question of “guarantees
made by the consignor from the auction block” shall be settled strictly between the buyer and consignor.
6. Buyer has the right, at his expense, to have an examination performed by the Official Sale Veterinarian on any
horse consigned to this sale. Such examination must be made on sale grounds prior to the horse going through
sale arena. Mares advertised to be in foal may be checked prior to selling at the buyers expense. Any mare
advertised as being in foal and is found not to be in foal after selling is a dispute between buyer and seller and not
in any way to involve Trinity Valley Horse Sales. No guarantees are made by the sale management, or any
representative thereof, regarding pregnancy status, eventful foaling, or fertility of any horse offered for sale. Final
pregnancy status on broodmares will be announced from the auction clock by the consignor or his representative
and will take precedence over printed material in the catalog or in any advertising.
7. The sale management or any representative thereof makes NO guarantees on the paperwork of any horse
selling on breeders certificated, and/or registration applications.
8. Buyers are cautioned to pay close attention to announcements made from the auction block regarding changes
in the sale catalog; as such announcements take precedence over printed material. The sale management, or any
representative thereof, does not assume any responsibility or liability for errors or omissions, or for any verbal or
written statement regarding the animal sold. We make every attempt to avoid errors and to insure correctness in
the catalog, if a mistake does occur, we reserve the right to correct it.
9, All original registration certificates, transfer reports, and/or applicable breeders certificates, and/or registration
applications will be held by sale management until the buyers payment clears the bank. Upon payment clearance,
all applicable paperwork will be forwarded directly to the buyer. The buyer will be responsible for only one transfer
fee as well as any registration fees associated with a purchase selling on application. Originals will be released to
buyer if all balances due are paid in a form of cash the day of the sale. Pending registration papers being
processed by the appropriate registration agency at the time of sale will be returned from the agency to the
consignor who shall in turn deliver to the sale management. The sale management will then forward the pending
registration certificate to the buyer. Original registration certificate and accompanying paperwork will be released to
consignors for horses not sold (pass-outs), after all expenses are paid. Originals will be released to the consignor if
all outstanding balances due to sale management are paid in cash the day of the sale.
10, All horses in this sale have been required to have been tested negative for equine infectious anemia (coggins
test). Out of state or other health certificates may be obtained from the Official Sale Veterinarian and are at the
buyer’s expense, in accordance with the regulations of the State of Texas Animal Health Control.
11. Each horse consigned to this sale must pass through the auction arena and all transactions must go through
the sale office. Hip numbers in the sale have been determined by the sale management. They cannot be removed
by the consignor or the buyer while the horse is on the grounds. Stalls are assigned for each horse sold and can
only be changed by sale management. All persons attending this sale do so at their own risk and are urged to use
caution around the horses while on the sale grounds. Any item not covered in these Sale Conditions shall be
regulated according to the established customs and practices of professional auctions companies.
12. Check papers to horse to make sure they match before leaving the sale grounds
BUYER AND SELLER’S
TERMS AND CONDITIONS
1. Trinity Valley Horse Sales is known and recognized as sale management and an independent contractor
regularly engaged in the business of conducting consignment sales of horses. The sale management or any
representation thereof, is not responsible for any liability whatsoever, including, but not limited to, the loss,
damage, injury, death or illness of any animal, person, or property before, during or after the sale. All horses
consigned to the sale are offered in accordance with the laws of the State of Texas. All transactions between buyer,
consignor and sale management are governed by the laws of the State of Texas. Each horse offered in sale is sold
“As Is and With All Defects”. Consignors are hereby bound by the consignment contract completed upon
nomination of sale entry, as well as these Sale Conditions. In the event of any legal dispute between the buyer and
the consignor, sale management will not act as agents for, or represent the buyer or the consignor. Sale
management merely provides a medium for bringing together the consignor and the buyer for the purpose of the
sales transaction. Sales management assumes no liability for either the buyer nor the consignor.
2..The highest bidder is to be the buyer. Any successful bidder shall sign a Buyers Agreement., which shall be
presented by an auction clerk immediately after the purchase has been made. Sale management and/or auctioneer
reserve the right to reject any and all bids. If a dispute should arise between or among two or more bidders, the
auctioneer shall settle the dispute, and his decision shall be absolute, final and binding on all parties. The
auctioneer will decline any bid made by parties who have defaulted in former purchases. The right to repurchase or
pass-out (P.O.), is reserved by the consignor or his representative. Any such action, must be made prior to the
consignor’s horse departing the auction arena. The sales management is not responsible for the integrity of any
specified bid and the seller understands and assumes all responsibilities for any bid that is made and not thereafter
honored. In the event any bid is not honored, the seller agrees not to hold the sales management responsible and
agrees not to sue the sales management thereof.
3. “Title” – passes to the buyer automatically at the final fall of the auctioneers gavel unless a repurchase of pass-
out (P.O.) is clearly indicated immediately by the consignor, his representative, or the auctioneer. Title and all risks
are assumed by the buyer whether or not delivery has been made. Horses are at the buyer's expense, risk, and
responsibility from the time of purchase; but no delivery will be made until final settlement as been made. Delivery
of a horse shall be contingent upon the buyer making a full settlement to the sale cashier. After a satisfactory
settlement is made, delivery will be in the form of a release for the horse from the auction grounds. In addition to
the release, the buyer will receive the current coggins test and a copy of the registration certificate. After delivery is
made, buyer shall remove the horse within the specified time announced prior to the commencement of the auction,
and shall be subject to any charges associated with the purchase should he fail to do so.
4. Terms of the sale are CASH and payment in full must be paid directly to the sale cashier during or immediately
after the sale. Payment to any other source is prohibited and is not recognized as settlement. Payment shall be in
the form of cash, cashier's checks, personal checks, traveler's checks or approved credit cards. Method of
payment shall also be made in the following credit cards: Mastercard, Discover/Novas, Visa, & American Express. A
valid driver's license or another form of positive identification are required for personal checks. A $25 office
processing fee will be added to all purchases. NO BANK DRAFTS. Any person signing a check in the State of
Texas is liable for the full amount of the check. Any party issuing a check returned as insufficient funds, payment
stopped, account closed, or a check that shall for any reason not clear drawer’s bank, will be prosecuted to the full
extent of the law.
5. Prospective buyers are hereby cautioned and advised by sale management to examine horses thoroughly prior
to purchasing. All horses are sold "as is". There is no warranty of any kind as to the soundness, physical condition,
health, disposition, or fitness for any particular purpose of any horse sold in this sale. Except in the case where the
owner, or his representative, makes a specific guarantee. In such cases, the guarantee is strictly by the owner, or
his representative, and not by the sale management. RIGHT OF RECOURSE MUST BE DIRECTLY TO THE
OWNER AND NOT THROUGH TRINITY VALLEY HORSE SALES. Sales management is not responsible for buyer or
consignor misunderstanding. A recording will be made of the entire auction, which can be used to help settle
disputes regarding statements made about the horses while in the auction arena. The question of “guarantees
made by the consignor from the auction block” shall be settled strictly between the buyer and consignor.
6. Buyer has the right, at his expense, to have an examination performed by the Official Sale Veterinarian on any
horse consigned to this sale. Such examination must be made on sale grounds prior to the horse going through
sale arena. Mares advertised to be in foal may be checked prior to selling at the buyers expense. Any mare
advertised as being in foal and is found not to be in foal after selling is a dispute between buyer and seller and not
in any way to involve Trinity Valley Horse Sales. No guarantees are made by the sale management, or any
representative thereof, regarding pregnancy status, eventful foaling, or fertility of any horse offered for sale. Final
pregnancy status on broodmares will be announced from the auction clock by the consignor or his representative
and will take precedence over printed material in the catalog or in any advertising.
7. The sale management or any representative thereof makes NO guarantees on the paperwork of any horse
selling on breeders certificated, and/or registration applications.
8. Buyers are cautioned to pay close attention to announcements made from the auction block regarding changes
in the sale catalog; as such announcements take precedence over printed material. The sale management, or any
representative thereof, does not assume any responsibility or liability for errors or omissions, or for any verbal or
written statement regarding the animal sold. We make every attempt to avoid errors and to insure correctness in
the catalog, if a mistake does occur, we reserve the right to correct it.
9, All original registration certificates, transfer reports, and/or applicable breeders certificates, and/or registration
applications will be held by sale management until the buyers payment clears the bank. Upon payment clearance,
all applicable paperwork will be forwarded directly to the buyer. The buyer will be responsible for only one transfer
fee as well as any registration fees associated with a purchase selling on application. Originals will be released to
buyer if all balances due are paid in a form of cash the day of the sale. Pending registration papers being
processed by the appropriate registration agency at the time of sale will be returned from the agency to the
consignor who shall in turn deliver to the sale management. The sale management will then forward the pending
registration certificate to the buyer. Original registration certificate and accompanying paperwork will be released to
consignors for horses not sold (pass-outs), after all expenses are paid. Originals will be released to the consignor if
all outstanding balances due to sale management are paid in cash the day of the sale.
10, All horses in this sale have been required to have been tested negative for equine infectious anemia (coggins
test). Out of state or other health certificates may be obtained from the Official Sale Veterinarian and are at the
buyer’s expense, in accordance with the regulations of the State of Texas Animal Health Control.
11. Each horse consigned to this sale must pass through the auction arena and all transactions must go through
the sale office. Hip numbers in the sale have been determined by the sale management. They cannot be removed
by the consignor or the buyer while the horse is on the grounds. Stalls are assigned for each horse sold and can
only be changed by sale management. All persons attending this sale do so at their own risk and are urged to use
caution around the horses while on the sale grounds. Any item not covered in these Sale Conditions shall be
regulated according to the established customs and practices of professional auctions companies.
12. Check papers to horse to make sure they match before leaving the sale grounds
 |
