Rudioso Sale-aug2017-Rev1

CON DI TIONS OF SALE: BID DERS TAKE NO TICE
Ruidoso Horse Sales Company, Ruidoso Downs, New Mexico
THIS SALE IS CON DUCTED IN AC COR DANCE WITH, AND ALL ACTS OF IN-
TER ESTED PARTIES AND/OR CLAIMS BY THEM SHALL BE GOV ERNED
BY, THE FOL LOWING CON DI TIONS OF SALE:
FIRST-AP PLI CA BLE LAW: All horses in this sale are of fered ac cord ing to the
laws of the state wherein the sale is con ducted. The right to bid, as pro vided under
law, is re served for all con sign ors un less oth er wise an nounced.
SEC OND-THERE IS NO WAR RANTY EX PRESSED OR IM PLIED BY THE AUC-
TION EER, SPON SORS, OWNER OR CON SIGNOR, AS TO THE PER-
FORMING SOUND NESS, MER CHANT ABIL ITY OR FIT NESS FOR ANY
PAR TIC U LAR PUR POSE OF ANY HORSE OF FERED IN THIS SALE. ALL
HORSES ARE SOLD “AS IS” WITH ALL EX ISTING CON DI TIONS AND DE-
FECTS EX CEPT AS SET FORTH IN CON DI TIONS EIGHTH, NINTH, TENTH,
AND ELEV ENTH BE LOW. ALL PUR CHASERS SHALL FULLY IN SPECT EACH
HORSE THAT THEY MAY PUR CHASE. Pur chasers will be charged with knowledge
of any de fect that is or should be re vealed by a rea son able in spec tion, in cluding
any de fect that is or should be re vealed by a re view of the Re pos i tory
in for ma tion, with the ex cep tion of the Con signors’ Item #1 of the Tenth-Limited
War ranties. An nounce ments made by the auc tion eer in con junc tion with the sale
of the horse in ques tion su per sede all other in for ma tion. Any de fect which will,
more likely than not, ma te ri ally and ad versely af fect the horse’s suit abil ity for training
and rac ing, that ap pears on ra dio graphs taken within 24 hours af ter the ses sion
in which the horse is sold and taken be fore the horse leaves the Ruidoso Horse
Sale grounds, which does not ap pear on the Ra dio graphs filed with the Re pos i tory
prior to the sale, is sub ject to dis pute res o lu tion as pro vided in the Thir teenth Condi
tion of Sale – Ar bi tra tion which may re sult in a re turn of the horse to the Consignor
and a re fund of the pur chase price. The pres ence or use of the Re pos i tory
shall not change any of these Con di tions of Sale, which shall con tinue to be bind ing
upon all par ties nor does it cre ate any ad di tional ex press or im plied war ran ties.
In the event Con signor elects to place in for ma tion in the Re pos i tory for any sale conducted
by Ruidoso Horse Sales, Con signor war rants that Con signor has de pos ited
in the Re pos i tory all of the re quired views man dated by Ruidoso Horse Sale Co.
and fur ther war rants the au then tic ity and va lid ity of said views. Con signor fur ther
war rants the ac cu racy, va lid ity and au then tic ity of all other in for ma tion placed by
Con signor in the Re pos i tory. In the event it should be de ter mined that Con signor
has placed in for ma tion in the Re pos i tory which is not ac cu rate, valid or au then tic in
all ma te rial re spects and such in for ma tion is deemed to be ma te ri ally mis lead ing
re gard ing the con di tion of the horse or its suit abil ity for train ing and rac ing, then the
sale is sub ject to Re jec tion at the op tion of the Pur chaser, and Con signor, in that
event, shall (i) re fund the pur chase price to the Pur chaser to gether with any proper
and rea son able ex penses in curred by Pur chaser in clud ing in ter est at the rate of
12% per an num, and (ii) pay Ruidoso Horse Sale Co.’s en try fees and com mis sion
as if the sale had been fi nal.
All items, in clud ing Ra dio graphs, placed by Con signor in the Re pos i tory are the sole
prop erty of the Con signor(or the Con signor’s vet er i nar ian) and Con signor shall
have the right to re ceive all such items and in for ma tion back 48 hours af ter the end
of the ses sion in which the horse in ques tion was sold. How ever, Ruidoso Horse
Sale Co.’s may elect to hold such items on be half of the Con signor in the event a
dis pute arises con cern ing these Con di tions of Sale and will re turn the items to Consignor
upon the res o lu tion of the dis pute. Fur ther, Ruidoso Horse Sale Co. may
per mit the Pur chaser to re ceive such items only if Con signor has agreed to per mit
the Pur chaser to re ceive such items or in for ma tion. In the event Con signor fails to
pick up the items and in for ma tion con tained in the Re pos i tory within 30 days af ter
the end of the Sale, Ruidoso Horse Sale Co. may elect to no tify the Con signor
(and/or the Con signor’s vet er i nar ian, if known) of the Ruidoso Horse Sale Co’s intent
to de stroy or oth er wise dis pose of said Re pos i tory in for ma tion 10 days af ter
no tice from the Ruidoso Horse Sale Co. of its in tent to take such ac tion and
Ruidoso Horse Sale Co. shall be held harm less by Con signor for any losses or ex-