Page 15 - 2017 Heritage Place Winter Mixed Sale

FIFTH – TERMS FOR SETTLEMENT; MAKE SETTLEMENT WITH CASHIER OF HERITAGE
PLACE INC. PAYMENT TO OTHERS, INCLUDING CONSIGNORS OR THEIR REPRESENTA-
TIVE ARE NOT RECOGNIZED AS SETTLEMENT. Purchaser shall make settlement within one
hour of conclusion of sale session in which the horse is sold for the full purchase price, such
settlement to be in the form of U.S. currency, certified check, traveler’s check or approved
bank check which has been verified and approved in advance by cashier and/or officers of
Heritage Place, Inc. NEW BUYERS OR BUYERS WHO HAVE NOT PURCHASED WITHIN
ON YEAR MUST ESTABLISH BUYER VERIFICATION BEFORE PURCHASING. ALSO,
ANY BUYER EXCEEDING THE AMOUNT ESTABLISHED MUST UPDATE BUYER
VERIFICATION. (See Settlement Procedures).

SIXTH – DEFAULTERS; Purchasers who fail in any respect whatsoever to pay for horses
as provided for at CONDITION OF SALE FIFTH above, and/or Settlement Procedures shall
be declared in default. Any horse purchased by a defaulter may be resold by the under-
signed at public or private sale without notice for purchaser’s account, costs of such resale
to be borne by defaulter. Should such resale fail to satisfy the defaulter’s account in full,
defaulter shall pay forthwith to Heritage Place, Inc. the amount owing, failing which, the
undersigned may bring suit against defaulter. THE PURCHASER SHALL BE RESPONSI-
BLE FOR ALL COSTS, INCLUDING ATTORNEY’S FEES, INCURRED BY HERITAGE
PLACE, INC. IN COLLECTION OF AMOUNTS OWING FOR HORSES PURCHASED,
OR IN ENFORCEMENT OR INTERPRETATION OF THIS CONDITION OF SALE.

SEVENTH – WARRANTIES; THERE IS NO WARRANTY, EXPRESS OR IMPLIED BY
HERITAGE PLACE, INC. THE OWNER OF ANY HORSE OR THE CONSIGNOR OF ANY
HORSE AS TO THE SOUNDNESS, CONDITION, MERCHANTABILITY OR FITNESS
FOR ANY PARTICULAR PURPOSE OF ANY HORSE OFFERED IN THIS SALE. ALL
HORSES ARE SOLD “AS IS” WITH ALL EXISTING CONDITIONS AND DEFECTS EX-
CEPT AS EXPRESSLY ANNOUNCED FROM THE AUCTION STAND OR AS EXPRESS-
LY PROVIDED HEREIN. Horses exhibiting the following conditions at the time of sale shall
be subject to return pursuant to condition Eighth below unless the condition is announced
by the auctioneer at the sale: (a) any horse with impaired vision or injury to the eye; and (b)
any horse which is a “cribber”. Any horse satisfying the following conditions will also be
subject to return pursuant to condition Eighth below: (a) any horse sold on or after July 1 of
its yearling year which is described at time of sale as a colt and does not at such time have
two testes descended to the scrotum; (b) any horse described at the time of sale as a ridg-
ling and at such time the horse is a gelding; (c) any horse described at the time of sale as a
gelding and at such time the horse is a colt or a ridgling; (d) any male horse described at the
time of sale as a female; (e) any female horse described at the time of sale as a male; and (f)
any horse described at the time of sale as a filly or a mare and which at the time of sale has
been spayed. EXCEPT FOR THE FOREGOING LIMITED WARRANTIES EACH ANIMAL
IS SOLD “AS IS” WITH ALL DEFECTS AND EXISTING CONDITIONS AND WITHOUT
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

EIGHTH – RIGHT OF RETURN; In the event that any animal is not as represented in the
Sale Catalog or on the breach of the foregoing limited warranties (as the Sale Catalog or
limited warranties might be modified by announcement at the time of Sale), the buyer shall
file with Heritage Place, Inc., a written notice of rejection of the animal with such supporting
veterinarian’s and other certificates as Heritage Place, Inc., might require within twenty-four
(24) hours after the close of the Sale session in which the animal was purchased. If the buyer
rightfully rejects the animal in the manner and within the time provided, the animal will be
returned by the buyer to the consignor and the consignor will refund to the buyer the full
purchase price of the animal together with all reasonable expenses incurred by the buyer in
connection with the animal from the time of sale until the return to the consignor.

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