By registering as a buyer or consignor, or bidding on a horse at Cowgirl Cadillacs, all parties agree to the following terms of sale.
Catalog fee is $260/head and is non-refundable.
Upon execution of this contract, Consignor agrees not to dispose of the horse by private sale.
No replacements for horses will be accepted. This contract is binding and, once received, no substitute or replacement horses will be accepted.
Cowgirl Cadillacs, Horse Resource Sales & 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. Soundness will be defined as: Horse travels at all gaits with no visible sign of discomfort or distress, with no audible hindrance in breathing and gives indications of seeing out of both eyes. Any questions of soundness arising within 5 days of the sale will be decided by Ike Sankey. Consignor checks will be mailed after this 5 day period. Buyer accepts all responsibility for any and all injury incurred after the drop of the hammer.
Individual negative Coggins Test, current within 30 days, is required for each horse, along with a valid health certificate. Additionally, each horse is required to have proof of vaccination for influenza, eastern and western encephalitis, rhino virus and tetanus within 6 months of the sale. West Nile vaccination is also recommended.
The commission will be eight percent (8%) of the selling price.
The consignor will have the privilege to No sale (Pass Out) their horse. No sales/Pass outs must be declared as soon as the gavel drops, while the horse is still in the ring. 8% commission will be charged on the final bid. The catalog fee will not be refunded. Paperwork on the horse will be held until all fees are paid.
All consigned horses sold before, during or 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 Horse Resource Sales with a notarized veterinary statement prior to the sale.
Only horses consigned to the sale will be allowed on the sale grounds.
Any defects or bad habits must be called when the horse is in the ring. (Example: Cryptoids, Cribbers, Lameness or Unsoundness, Parrot Mouth, Scars, Corrective Shoes etc.)
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.
A horse's position in the sale will not be secured until this contract, the release of liability and the consignment fee is received, complete and in full, by Cowgirl Cadillacs.
Cash, Cashier's Check and Personal Check, with Picture Identification, credit card (4% convenience fee), or a bank wire (secured, in full, by an accepted credit card), will be accepted as payment for sale purchases. Wired money must be received by noon, Mountain Time on the Monday following the sale. Payment methods and fees are subject to change.
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 and Horse Resource Sales disclaims liability for such errors but appreciate their being called to our attention. Announcements from the block take precedence over printed material.
All risk of injury to, and responsibility for, the horse becomes Buyer's risk at the fall of the hammer. Title passes to Buyer upon completion of payment. Buyer and seller agree 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.
Horse Resource Sales/ Cowgirl Cadillacs holds no liability for loss or damage during shipment. Horse Resource Sales STRONGLY suggests insurance before shipping. Insurance is required on all horses being shipped under the direction of Cowgirl Cadillacs/ Horse Resource Sales.
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 Horse Resource Sales 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.
Horses remaining onsite more than 6 hours after the conclusion of the sale MUST be insured. Additionally, any horses being shipped with the assistance of Horse Resource Sales MUST be insured.
