You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
CONDITIONS OF SALE<br />
SALE shall be settled by arbitration among the parties in accordance with the rules and regulations<br />
set forth by the American Arbitration <strong>Association</strong>.<br />
3. Arbitration under 1 or 2 above shall take place in AUSTIN, TEXAS. The arbitrator(s) shall have<br />
the authority to award attorney’s fees and costs incurred in the arbitration to the prevailing party.<br />
Judgment upon any award rendered by the arbitrator(s) may be entered by any party and any court<br />
having jurisdiction thereof. The prevailing party shall be entitled to reimbursement for reasonable<br />
attorney’s fees and other cost incurred in enforcing the arbitrator(s) judgment in court.<br />
FOURTEENTH – COLLATERAL AGREEMENTS: The auctioneer shall not be bound by any<br />
oral or written agreement or alleged agreement varying from these CONDITIONS OF SALE<br />
between the buyer and the consignor unless agreed to by the auctioneer, and any controversy or<br />
claim between the buyer and the consignor arising under any such agreement shall be a matter for<br />
their resolution.<br />
FIFTEENTH – LIMITATIONS OF ACTION: Any cause of action arising out of the purchase<br />
and sale of any horse, or interest therein at this sale, whether it is based in contract or tort shall be<br />
commenced not more than one year after the sale. Provided, however, this limitation of action<br />
shall not apply to an action for the recovery from the buyer of the purchase price, plus interest and<br />
expenses, and including repossession of any horses purchased at this sale.<br />
SIXTEENTH – DISCLAIMER OF IMPLIED DUTIES: The <strong>Texas</strong> <strong>Quarter</strong> <strong>Horse</strong> <strong>Association</strong><br />
shall attempt to protect the interests of both consignor and buyer, but the duties and obligations<br />
of the <strong>Texas</strong> <strong>Quarter</strong> <strong>Horse</strong> <strong>Association</strong> to such parties shall be strictly limited to only those<br />
expressly imposed upon the <strong>Texas</strong> <strong>Quarter</strong> <strong>Horse</strong> <strong>Association</strong> by these Conditions of Sale. ALL<br />
OTHER DUTIES AND OBLIGATIONS, INCLUDING FIDUCIARY AND OTHER<br />
DUTIES WHICH MIGHT OTHERWISE BE IMPOSED UPON THE TEXAS QUARTER<br />
HORSE ASSOCIATION BY OPERATION OF LAW, ARE HEREBY EXPRESSLY<br />
DISCLAIMED, EXCEPT THAT THE TEXAS QUARTER HORSE ASSOCIATION SHALL<br />
BE REQUIRED TO EXERCISE THAT STANDARD OF CARE GENERALLY EXERCISED<br />
BY OTHER COMPARABLE HORSE AUCTION COMPANIES.<br />
SEVENTEENTH – TOTALITY OF AGREEMENT: The entire contract of sale is embodied in<br />
these Conditions of Sale, the Acknowledgement of Purchase and the Security Agreement, and the<br />
Authorization to Bid request (if any). These aforementioned documents constitute the final<br />
expression of the parties’ agreement, and are a complete and exclusive statement of that agreement.<br />
Any attempt on the part of the buyer to unilaterally alter or modify these Conditions of Sale by<br />
marking changes on the Acknowledgement of Purchase and Security Agreement is prohibited and<br />
shall be invalid and unenforceable. Notwithstanding the above, the consignor (including owner)<br />
and buyer may enter into an oral or written agreement, as set forth in Condition Fourteenth,<br />
which modifies the limited warranties as provided herein, however, any such action by the<br />
consignor and buyer cannot and shall not modify or alter the duties, responsibilities, and rights of<br />
the <strong>Texas</strong> <strong>Quarter</strong> <strong>Horse</strong> <strong>Association</strong> as provided in these Conditions of Sale and the Consignor’s<br />
Contract.<br />
PLEASE BRING THIS CATALOG TO THE SALE<br />
SUPPLY IS LIMITED
Change language