Old West Roping - Sale FAQ

GENERAL CONDITIONS OF SALE GENERAL PROCEDURES AND IMPORTANT AUCTION NOTICES FOR ALL PARTICIPANTS 

CONDITIONS OF SALE 

ALL PROSPECTIVE PARTICIPANTS ARE URGED TO TAKE NOTICE OF AND CAREFULLY READ THIS DOCUMENT AND THE CONDITIONS OF SALE FOR THE AUCTION PUBLISHED WITHIN THE SALE WEBSITE AND CONSULT AN ATTORNEY IF THEY HAVE ANY CONCERNS REGARDING ANY PROVISIONS THEREIN. 

Old West Rope Horse Futurity is hereafter referred to as Old West Rope Horse Futurity. WARRANTIES THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS MADE BY OLD WEST ROPE HORSE FUTURITY OR OWNER/SELLER AS TO THE MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR OTHERWISE OF ANY HORSE. ALL HORSES SELL “AS IS, WHERE IS, WITH ALL FAULTS AND DEFECTS, WITHOUT EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY.” 

Old West Rope Horse Futurity reserves the right, in its sole discretion, to accept or reject the request for a Buyer Number. 

EXAMINE HORSES 

Buyers have the right to and are encouraged to personally inspect any horse of interest thoroughly 

PRIOR TO BIDDING OR BUYING. 

Veterinary assistance is encouraged and is the responsibility of any bidders. Old West Rope Horse Futurity provides a veterinary statement, but does not guarantee or represent the validity of any findings in that statement. 

MULTIPLE EMBRYOS 

Neither Old West Rope Horse Futurity nor the pedigree research company shall be responsible for providing information as to multiple embryos (foals of the same year) or frozen embryos out of mares or dams in the sale; nor shall they be liable in any way for Buyer’s or Old West Rope Horse Futurity's belated awareness of such information. 

RECIPIENT MARES 

ALL RECIPIENT MARES MUST BE RETURNED TO STATED FACILITY IN GOOD CONDITION BY DECEMBER 1ST OF THE YEAR OF FOALING. BREEDERS CERTIFICATES FOR THE RESULTING FOAL WILL NOT BE GIVEN UNTIL MARE IS RETURNED. IF MARE IS NOT RETURNED, BUYER WILL OWE A $6,000 RECIPIENT PURCHASE FEE. GENETIC TESTING RESULTS GENETIC TESTING RESULTS ARE NOT GUARANTEED BY OLD WEST ROPE HORSE FUTURITY OR ANY OWNER/SELLER. 

POST-SALE CARE 

Horses become the Buyer’s responsibility at the fall of the hammer. Buyers are advised to contact the Owner/Seller and confirm that proper care is provided after the sale. Seller and Agent will help Buyer arrange transport; however, Seller and Agent assume no responsibility for any injuries, sickness or death that could result while the Horse is in transporters care. Buyer understands Seller and Agent do not endorse any particular transport company. Buyer is responsible for all transport costs and expenses. 

ACCOUNT SETTLEMENT 

All accounts must be paid THE DAY OF SALE. Make all payments directly to the sale cashier and not to Owner/Seller under any circumstance. If Owner, or a member or manager of Owner shall have any outstanding amounts due to Old West Rope Horse Futurity or any related entity of Old West Rope Horse Futurity, those outstanding amounts shall be taken out of any proceeds due to the Owner. 

TRANSFERS 

TRANSFER FEES ARE THE RESPONSIBILITY OF OWNER/SELLER. REGISTRATION CERTIFICATES AND COMPLETED TRANSFERS WILL BE MAILED DIRECTLY TO AQHA OR APHA. BUYER SHALL RECEIVE ORIGINAL REGISTRATION CERTIFICATE DIRECTLY FROM THE APPLICABLE REGISTRY AFTER THE TRANSFER PROCESS IS COMPLETE. NO REGISTRATION CERTIFICATES WILL BE RELEASED ON SALE DAY. THERE ARE NO EXCEPTIONS TO THIS RULE. CATALOG INFORMATION AND ANNOUNCEMENTS EVERY REASONABLE EFFORT HAS BEEN MADE TO ENSURE THE ACCURACY OF THE INFORMATION PRINTED IN THE SALE CATALOG. OLD WEST ROPE HORSE FUTURITY DISCLAIMS RESPONSIBILITY FOR THE CONSEQUENCES, IF ANY, OF ANY CATALOG ERRORS. HOWEVER, NOTIFICATION OF ANY ERRORS WOULD BE APPRECIATED. 

USE CAUTION WHILE ON THE PREMISES 

All persons attending the auction or previewing horses at any consignors facility, including, without limitation, those facilities owned by Old West Rope Horse Futurity, do so at their own risk and are urged to use extreme caution. 

WARNING UNDER UTAH LAW (U.C.A. § 78B-4-201 ET SEQ., EQUINE ACTIVITIES ACT) A FARM ANIMAL PROFESSIONAL OR FARM OWNER OR LESSEE IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN FARM ANIMAL ACTIVITIES. 

ENGAGEMENTS 

Unless stated otherwise, all payments for eligibility in major aged events that become due after the date of sale are the responsibility of the Buyer, who should notify the proper association of new ownership. VETERINARIANS Any Buyer who fails to obtain a pre-purchase examination does so at Buyer's sole risk and is subject to indemnity obligations because all horses are sold “AS IS, WHERE IS, WITH ALL FAULTS AND DEFECTS, WITHOUT EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY”. 

BY ATTENDANCE 

All agree to save, HOLD HARMLESS and INDEMNIFY Old West Rope Horse Futurity and their respective agents, employees, members, managers, partners, directors, officers and/or any person or entity acting on their behalf (together, the “Old West Parties”), from and against any and all liability, debt, claims, suits, losses, damages, causes of action, judgments, costs and expenses, including attorney fees, arising or allegedly arising from (i) personal injury or death of any person (including but not limited to employees of Owner/Seller or Buyer) or any horse, including but not limited to any claims arising out of injuries or damages caused by the horse after the fall of the hammer, and (ii) property damage, including loss of use thereof, economic loss or otherwise, arising or growing directly or indirectly out of Owner/Seller’s or Buyer’s use of any of the facilities in connection with the sale, the conducting of the sale or anything occurring in connection with the sale. The foregoing indemnity obligations shall apply whether or not the claim or liability in question results or is alleged to result in whole or in part from the sole, concurrent or comparative negligence or strict liability of the Old West Parties, or any defect in the premises, equipment or tools owned, operated or controlled by the Old West Parties. Accordingly, it is understood and agreed that in no case shall the Old West Parties be responsible for any loss, death, damage or injury of any character to any person, animal, article, or any personal property arising from or occurring prior to, during the sale or after the sale.