Terms of Sale
By registering as a buyer or consignor, or bidding on a horse at the Cowgirl Cadillacs, all parties agree to the following terms of sale.
Catalog fee is $260/head (including credit card convenience fee and is non-refundable.
The commission will be eight percent (8%) of the selling price.
Cowgirl Cadillacs and its associates act as agents only and are not responsible for buyer/seller error or misunderstanding. All guarantees are strictly between the buyer and seller, except as provided in our soundness guarantee. All horses are sold "as is" without any express or implied warranties. Consignors are required to provide a Certificate of Soundness with regard to sight, wind and limb, from a certified veterinarian, dated within 30 days of the sale. Horses are sold as sound under that certificate and any questions of soundness arising within two weeks after the sale will be decided by Ike Sankey.
Individual negative Coggins Test, current within 6 months is required for each horse.
Consignor has the privilege to no sale or (Pass Out) their horses and $600 commission will be charged. No Sales/Pass Outs must be declared as soon as the gavel drops, while the horse is still in the ring.
Data provided in the Cowgirl Cadillacs catalog is generally correct, but occasionally errors occur due to incorrect data received from others, processing mistakes and other causes. Cowgirl Cadillacs disclaims liability for such errors, but appreciate their being called to our attention. Announcements from the block take precedence over printed material.
Title passes to buyer at fall of the hammer. All risk of injury to the horse becomes buyer's risk at passing of title. Buyer and seller agrees to release, defend, indemnify and hold owners, managers, and employees harmless from all losses, expenses, and claims related to the possession, care, custody, control or maintenance after the fall of the hammer of any horse on which he or she is the successful bidder, whether resulting in whole or in part from their own negligence, including but not limited to any claims arising out of injuries or damage caused by the horse after the fall of the hammer.
The horse will be held for buyer until buyer makes settlement as provided. Buyer shall immediately present himself to make settlement if requested by auctioneer, but in any case, shall present himself within thirty (30) minutes of conclusion of the sale. Buyer is responsible to check registration and additional paperwork at time of settlement.
Cowgirl Cadillacs makes no representation or warranty concerning (i) any of the horses to be auctioned at the sale (ii) the accuracy or completeness of the listings or descriptions of the livestock, (iii) the ability of any seller to convey ownership of the livestock to Buyer, or (iv) a seller’s ability to deliver good and marketable title to any horse purchased at the auction by Buyer. Cowgirl Cadillacs does not take title to, nor does Cowgirl Cadillacs have any responsibility for the transfer of ownership to, any livestock sold at auction and neither guarantees payment nor delivery with the respect to any transaction undertaken at the sale Seller / Buyer hereby releases Cowgirl Cadillacs from any claims, demands or damages arising out of or in any way connected with Seller / Buyer’s bid or purchase or sale of livestock at the sale. Buyers agree to look solely to seller for the physical delivery of the livestock purchased by Buyer.
Any defects or bad habits must be called when horse is sold. (Example: Cryptoids, Cribbers,Lameness or Unsoundness, Parrot Mouth, etc.)
Only horses consigned to the sale will be allowed on the sale grounds. All horses sold before, during and after the sale will be subject to the 8% sales commission in addition to the catalog fee. All consignments must go through the sale ring.
Consignor agrees not to withdraw entry except for serious injury or sickness and will furnish Cowgirl Cadillacs with a notarized veterinary statement prior to the sale.
Upon execution of this contract, Consignor agrees not to dispose of the horse by private sale.
Any horse selling as "registered" will have sale proceeds withheld from the consignor until original registration papers and transfer are received in the Cowgirl Cadillacs office.
Consignor is responsible for providing quality marketing material for each of their horses to Cowgirl Cadillacs. Consignor is further responsible to proof horse listings online and as requested. Cowgirl Cadillacs and its affiliates are not responsible for misrepresentations of horses in marketing, including, but not limited to, verbal, digital and print.