TERMS AND CONDITIONS
The consignor agrees with Foothills Auctioneers Inc. (“Sale Manager”) to consign the animal(s) identified on this consignment form for sale and inclusion in the sale catalog subject to the following terms and conditions:
1. Consignor warrants title to each animal and agrees to defend title against all claims. Consignor appoints Sale Manager as my agent in the sale at public auction of the named animal(s), with full authority to transfer title and to receive the proceeds of such sale for my account. Consignor agrees that title to; interest in and possession of the animal(s) shall remain with Consignor until title passes to the buyer at the time of the sale.
2. Consignor agrees that Sale Management shall have the power and discretion to reject any entry at any time, to determine the order of sale entries, and to make any special announcements at time of sale concerning any entered animal.
3. Consignor agrees to submit to Sale Manager a signed original Consignment Agreement, the required entry fee, video, pictures, the original certificate of registration papers, signed transfer form for the consigned animal. Consignor agrees to provide at time of check-in a completed EID form, any current health inspection certificate and current negative Coggins test for the consigned animal if consigner chooses to health verify their animal.
4. Photographs and/or video are required to be submitted, along with Consignment Agreement. Photographs and video may be emailed to Foothills Auctioneers Inc. firstname.lastname@example.org in an appropriate electronic format by the deadline of March 20, 2017 4:00 pm.
5. Catalog Sale horses must be checked in and on grounds of Stavely Arena by 8 am Saturday April 29th, 2017, overnight stabling is available at Foothills Auctioneers Inc. Consignor must provide their own feed & water.
6. The sale horse preview will begin at 10:00 a.m. Saturday, April 29, 2017 in order of draw (sale order). There will be a dry work and cow work section with an optional roping section at the end. Horses may go through all three sections and show to their ability in each section. There will be a time limit assessed for each entry.
7. Consignor agrees that Sale Manager shall deduct and retain a sales commission of ten percent (10%) of the final selling price of my consignment. Consignor agrees to pay the 10% commission on all animals sold outside of the ring on the day of the sale. No alley trading. Consignor agrees to pay $200 for each buy back or pass out.
8. Consignor agrees to not privately sell or withdraw horse from sale once entered unless animal is injured or sick and can furnish a vet slip or. If animal is privately sold or withdrawn from sale without reason, consignor agrees to pay a $1000 fee.
9. The entry fee is $100 per animal, is non-refundable, and is due upon submission of entry form. NSF charge of $25 for any returned checks will apply. A No Show fee of $400 will be enforced on consigners that do not provide a vet certificate for no shows.
10. Payment of net proceeds will be mailed to Consignor 48 hours after the day of sale given that all required original certificate of registration papers and signed transfer form of animal(s) has been provided and forfeited to new owner. Sale Manager reserves the right to hold payment for any reason for up to seven (7) days.
11. Any and all guarantees made by the Consignor from the auction block are made solely between the Consignor and the Buyer. Sale Manager and Auctioneer are not responsible for Buyer or Consignor misunderstanding. However, questions of “limited warranty” or “guarantees made by the Consignor from the auction block” shall be settled strictly between the Consignor and the Buyer.
12. Consignor agrees to abide by any and all established rules determined by the Sale Manager.
13. Consignor agrees to indemnify, release, and hold harmless Foothills Auctioneers, their officers, representatives, employees, and any other persons associated from any and all damages, costs, claims, demands, liabilities, obligations, actions, causes of action and rights, whether know or unknown, foreseen or unforeseen, anticipated or unanticipated, which the Consignor or their family may have against the above named entities. Consignor acknowledges and agrees to pay for any veterinarian expenses should their animal(s) need care or treatment.
14. Consignor represents and warrants to Foothills Auctioneers Inc. and Buyer that entered animal is:
o Sound of eyes and wind.
o Horse is not a cribber or wind sucker.
o Horse has not been nerved or navicular.
o The sex of the horse is described in catalog; a gelding is not a “cryptorchid”; mares are not spayed.
o Horse is not deaf.
If you have any questions regarding the Spring Select Performance Horse Sale please call (403) 549-2120 or email