Conditions Of Sale
This sale is conducted strictly in accordance with the terms of this preamble and the numbered paragraphs that follow. There are no other conditions, express or implied. There is no term or condition, nor any warranty, regarding the ability of the animal being sold to perform any particular function or to be trained to perform any particular function. The breeding records, earnings, and race results are provided in the catalogue for informational purposes only. Each bidder is expected to exercise his own judgment regarding the fitness, condition, and ability or potential of the animal on which he bids.
1. APPLICABLE LAW: The law of the Province of Ontario applies to each sale. Consignors are permitted to bid on horses consigned by them.
2. BIDDING PROCEDURE: The highest bidder shall be the buyer. The auctioneer and the sale company have the right to reject any and all bids. The auctioneer shall forthwith adjudicate any disputes concerning the manner in which the bids are made or received and his decision shall be final, absolute and binding on all parties. The auctioneer may, in his discretion, re-open the bidding to all or some bidders as a means of resolving a dispute. In the event of any dispute arising from the sale of a horse pursuant to these conditions, Standardbred Canada has the right to appoint an arbitrator to determine the dispute. The arbitrator's decision, and no other, shall be binding on both consignor and purchaser. The arbitrator shall also be empowered to determine the obligation of any person to pay expenses, including the expenses of arbitration. This paragraph is deemed to be a submission to arbitration pursuant to the provisions of the Arbitration Act of Ontario and all arbitrations shall be conducted in accordance with the provisions of that Statute.
3. TITLE, RISK AND DELIVERY: Title passes to the buyer at fall of hammer, at which time the buyer assumes all risk and responsibility. Buyer may take care, custody and control of the horse at the fall of the hammer, but such taking shall not constitute delivery of the horse, which will be made only after buyer makes payment in accordance with the sale company's terms of payment. Thereafter, delivery will be made in the form of a "stable release" for the horse. Buyers shall not remove horses from the sale premises without obtaining a stable release. All horses must be removed promptly after the sale. Horses not promptly removed shall be stabled by the undersigned at buyer's risk and cost.
4. TERMS OF PAYMENT: All successful bidders must sign an acknowledgement of purchase prior to the commencement of bidding on the next horse to be sold. Payment must be made to the sale company's cashier within 30 minutes after the sale. Payment cannot be made to a consignor. Payment shall be by cash or personal cheques that have been approved by the sale company. Any credit arrangements must be approved by the sale company prior to the sale. All horses sold are subject to G.S.T.
5. DEFAULTERS: A buyer who fails to sign an acknowledgement of purchase or to make proper payment of the purchase price is in default and action shall lie against that person for the amount owing plus the costs of litigation. The sale company may detain or repossess any horse for which payment is not properly made and may sell the horse at public or private sale. Any costs incurred in doing so shall be borne by the buyer. The proceeds of such sale shall be credited to the amounts otherwise owing by the buyer.
6. NO WARRANTY: Each horse is sold with a halter, a Certificate of Registration, and a negative "Coggins" test certificate when available. There is otherwise no warranty, guarantee, term or condition of any kind as to the health, soundness, condition, ability or potential of any horse in the sale.
7. RIGHT OF RETURN: An animal may be returned if, within seven (7) days from the date of sale, the purchaser gives notice in writing, supported by a veterinary certificate showing that an animal described as a colt or gelding did not match that description, or a filly or mare sold as not in foal was in foal at the time of sale.
8. BROODMARES: A buyer of a broodmare sold in foal my have her examined prior to removing her from the sale premises by a veterinarian acceptable to the undersigned. Any broodmare so examined and found conclusively to be not in foal at the time of sale, may be returned at buyer's discretion to consignor and consignor shall pay veterinarian's fee for examination. Buyer's decision to reject any such broodmare must be communicated to the undersigned before the broodmare is removed from the premises.
9. BREEDING CONTRACTS: Any contractual agreement between owners of broodmares in the sale and owners of stallions to which said mares have been bred, do not follow the mares unless so announced at the time of sale. The possible return to any stallion or possible refund of any stud fee does not go with any broodmare unless so announced at time of sale.
10. CATALOGUE AND ANNOUNCEMENTS: The sale company is not responsible for statements made in this catalogue or from the auction stand concerning horses listed herein for sale. All such statements are the responsibility of the consignor, who is solely liable for them. In the event of announcements which are made by the auctioneer from the auction stand that are inconsistent with the information contained in the catalogue, such announcements shall be deemed to supersede and replace the information in the catalogue.
ALL HORSES ARE SOLD AS IS. IF YOU DO NOT AGREE TO THAT ESSENTIAL RULE, PLEAS DO NOT BID ON ANY HORSES. AS A BIDDER, YOU AGREE TO ACCEPT THAT RISK. THE SALES COMPANY ACCEPTS NONE OF THAT RISK. IF YOU CANNOT ABIDE BY THESE RULES, PLEASE DO NOT BUY ANY HORSES AT THIS SALE.