CONSIGNER & BUYER TERMS & CONDITIONS: Every effort has been made to assure that the Sale Catalog is correct; however, Buyers are cautioned to pay close attention to the announcements made from the Auction Block regarding changes in the Sale Catalog, as such announcements take precedence over printed material. The Consignor, and not the Auction Company, makes all comments in the Sale Catalog. The Auction Company, or any representative thereof, does not assume any responsibility or liability for errors or omissions, or for any verbal or written statement regarding the animal sold. If a mistake does occur in the Sale Catalog, we reserve the right to correct it. IMPORTANT NOTICES! Read these Terms and Conditions carefully Examine horses prior to bidding Leave hip number on all horses and leave horses in original stalls All accounts must be paid immediately following the conclusion of the sale Pay attention to all announcements, especially concerning horses on which you intend to bid No outside horses allowed in the sale No “alley trading” permitted; All transactions between buyers and sellers introduced by Diamond J. Horses either directly or indirectly (i.e. via Website) are subject to the fees noted herein Check your horse’s papers and all other documentation to make sure they match before leaving the sale ACKNOWLEDGEMENT OF PURCHASE: After making the final bid on a horse, you will be asked to sign the Purchase Agreement. Be sure to confirm the correct hip number and price before you sign. Due to time constraints, all transactions must be settled within one hour after the finish of the sale. All sales transactions made on the grounds must go through the Sales Office and are subject to the Terms and Conditions of Sale. Please obtain a Buyer’s Number before Sale time. All Sale transactions must come through the Sales Office. FEES: A $125 per entry catalog fee is payable upon registering any and all horses in the Sale; this fee is used to help advertise the horse in print, direct mail, social media, and other online advertising mediums. A 10% commission, paid by the seller, applies to the sale of each entry, whether online or at the sale. Diamond J. Horses reserves the right to assess a $100 No Sale fee on any and all horses that do not sell at the sale. A $250 No Show fee will be assessed for each entry that does not appear for the sale; only a written letter from a veterinarian can excuse you from the sale and must be received by the Auction Company at least 24-hours before the start of the Sale. Further to the “No Alley Trading” policy, the 10% sale commission applies to any and all horses which are sold prior to, during, or within 30 days after any sale for which they are registered and have been published on the Website. All horses must be paid for in full within two (2) hours of the end of the Sale. Payment options include check, wire transfer, Venmo, and credit card (subject to a 3% service fee). Consignors are to provide a halter and lead rope for every horse sold in the Sale. A $39 Fee will be charged to the Consignor for any horse without a halter and lead rope. Consignor/Seller is responsible for feeding and watering his horse the evening of the Sale. DIAMOND J HORSES is an Agent of the Seller and the Buyer. Sellers are required to disclose any and all health and behavior issues of the horses. This information needs to be in writing in the horse’s description. This is to enable the Agent to honestly inform our patrons at the sale and online. Diamond J Horses will hold all commission checks 48-hours before dispensing funds. Any issue with the horse should first be brought up directly with the Consignor. Diamond J Horses will only get involved as a mediator. Diamond J Horses has a Zero Tolerance Drug Policy. We require, in writing, 100% disclosure of all drugs and medications prior to the horse being sold. This includes all injections, vaccinations, behavior modification drugs, antibiotics, worming medications, and all oral or topical medications. The Auction Company expects honesty and integrity from the Consignor in regard to all horses presented to potential Buyers at the Sale. Buyer, Sellers, and Spectators are cautioned to be careful while on the Sale Grounds. The management of Diamond J Horses will not be responsible for accidents. ALL PARTICIPANTS AND SPECTATORS WAIVE ALL CLAIMS FOR ANY AND ALL LIABILITY FOR INJURY AGAINST SALE/GROUNDS MANAGEMENT AND DIAMOND J HORSES AND ITS STAFF. YOU ASSUME SOLE RISK AND RESPONSIBILITY FOR ANY INJURIES WHILE ATTENDING SHOWINGS AND SALES. Prospective Buyers are hereby advised by the Auction Company to examine horses thoroughly prior to purchasing. The Buyer is provided ample opportunity to contact Consignors before the sale with any questions they may have. The horses can be seen during the preview, and in the barn and stalls, before the Sale. All horses are sold “AS IS”. There is no warranty of any kind as to the soundness, physical condition, health, disposition, or fitness for any particular purpose of any horse sold in this sale, except in the case of an owner or his representative making a specific guarantee. In such a case, the guarantee is strictly by that owner or his representative, and not by the Auction Company. Right of recourse must be directly to the Owner/Consignor, and not through Diamond J Horses, as the Auction Company. The Auction Company is not responsible for Buyer or Consignor misunderstandings. A recording will be made of the entire auction, which can be used to help settle disputes regarding statements made about the horses while in the auction arena. The question of guarantees made by the Consignor from the auction block shall be settled strictly between the Buyer and Consignor. Buyer has the right, at his expense, to have an examination performed by the Official Sale Veterinarian on any horse consigned to this sale. Such examination must be made on Sale grounds prior to the horse going through the Sale arena. All Buyers must have a valid Drivers License, address, contact telephone numbers, and email address on file with the Auction Company. The highest bidder is to be the Buyer. Any successful bidder shall sign a Buyers Agreement, which will be presented by an Auction clerk immediately after the purchase has been made. In the case of an on-line purchase, the Buyers Agreement will be immediately emailed to the Buyer to complete and sign. The Auction Company and/or auctioneer reserve the right to reject any and all bids. If a dispute should arise between or among two or more bidders, the auctioneer shall settle the dispute and his decision shall be absolute, final, and binding on all parties. The auctioneer will decline any bid made by parties who have defaulted in former purchases. The right to repurchase or pass-out (P.O.) is reserved by the Consignor or his representative. Any such action must be made prior to the Consignor’s horse departing the Auction arena. The Auction Company is not responsible for any bid that is made and not thereafter honored. In the event any bid is not honored, the Seller agrees not to hold the Auction Company responsible and agrees not to sue the Management thereof. Horses are subject to the applicable state sales tax. This tax must be paid by the Buyer, in addition to the purchase price, unless the sale of the horse qualifies for exemption under the rules and regulations of the applicable State Department of Revenue and the Buyer provides the sale certificates of exemption in the form approved by the Department of Revenue. Exemption forms with instructions will be available in the Sales Office and may be executed by the Buyer at time of settlement. “Title” – passes to the Buyer automatically at the final fall of the auctioneer’s gavel unless a repurchase or pass-out (P.O.) is clearly and immediately indicated by the Consignor or his representative, or the auctioneer. The Buyer assumes title and all risks, whether or not “delivery” has been made. Horses become the Buyer’s expense, risk, and responsibility from the time of purchase, but no delivery will be made until final settlement has been paid and verified with the Auction Company. Delivery of a horse shall be contingent upon the Buyer making a full settlement to the Sale cashier. After a satisfactory settlement is made, delivery will be in the form of a “release” for the horse from the Auction Grounds. In addition to the release, the Buyer will receive the current Coggins test, and a copy of the registration certificate. After delivery is made, Buyer shall remove the horse within the specified time announced prior to the commencement of the auction, and shall be subject to any charges associated with the purchase should he fail to do so. Purchases and applicable fees may be settled in Cash, Cashier’s Check, Personal or Business Check With Bank Letter Guaranteeing Payment, Traveler’s Checks, or approved Credit Cards. Acceptable credit cards are: Master Card, Discover, Visa, and American Express. Payment in full must be paid directly to the Sale Cashier, during or immediately after the sale. A valid Driver’s License or another form of positive identification is required for personal checks. Buyers must provide to the Sales Office a valid telephone number, address, and correct e-mail address. A 3% Office Processing Fee will be added to all purchases (this fee will be discounted for purchases paid by cash, cashier’s check, or personal check.) NO BANK DRAFTS. Any person signing a check is liable for the full amount of the check. Any party issuing a check returned as “insufficient funds”, “payment stopped”, “account closed” or a check that shall for any reason not clear drawee’s bank, will be prosecuted to the fullest extent of the law. Buyers assume all expenses and risk on horses after have they have been sold. Horses must be removed by 12:00 noon the day following the Sale. Buyers must arrange with Consignors for the care of their horse until it can be removed. All horses in this sale must have been tested negative for equine infections anemia (Coggins test) within six (6) months of the sale (AGID test will allow entry into Canada) and a health chart within thirty (30) days of the sale. Out of State or other health certificates may be obtained from the Official Sale Veterinarian and are at the Buyer’s expense in accordance with the regulations of the State Animal Health Control in which the auction takes place. The Auction Company, or any representative thereof, makes no guarantee regarding pregnancy status, eventual foaling, or fertility of any horse offered for sale. Final pregnancy status on broodmares will be announced from the auction block by the Consignor or his representative and will take precedence over printed material in the catalog or in any advertising. Broodmares represented by the Consignor as being “in foal” are subject to a pregnancy examination by the Official Sale Veterinarian immediately upon exit from the auction arena and at the expense of the Buyer. If mare is not examined before leaving the sale grounds, and later found to be open, no right of recourse may occur. Any contractual agreements between Owners of broodmares in the sale and Owners of stallions to which these mares may have been bred are strictly between the Buyer and the Consignor. All consignments are required to be Breed Registered. The Auction Company requires that all original Breed Registrations and Transfers be in place during the check-in process and before the animal goes into the sale ring. Consignor guarantees the identity of each animal as it appears on the Registration Certificate. The Auction Company, or any representative thereof, makes NO guarantee on the paperwork of any horse selling with Breeder’s Certificates and/or Registration Applications. All original Registration Certificates, Transfer Reports, and/or applicable Breeders Certificates, and/or Registration Applications, will be held by Auction Company until the Buyer’s payment clears the bank. Upon payment clearance, all applicable paperwork will be forwarded directly to the Buyer. The Buyer will be responsible for only one Transfer Fee as well as any Registration Fees associated with a purchase selling on application. Originals will be released to Buyer if all balances due are paid in cash the day of the sale. Pending Registration Papers being processed by the appropriate registration agency at the time of sale will be returned from the agency to the Consignor, who shall in turn deliver to the Auction Company. The Auction Company will then forward the pending Registration Certificate to the Buyer. Original Registration Certificate and accompanying paperwork will be released to Consignors for horses not sold (pass-outs) after all expenses are paid. Originals will be released to the Consignor if all outstanding balances due to Auction Company are paid in cash the day of the sale. Consigners are expected to show up for check-in time. Consigners must turn in all paperwork at check-in time. Horse will not be sold without the proper paperwork. Failure to bring paperwork will be considered a never offer. Required paperwork includes: Health Certificate, negative Coggins Certificate, Brand Certificate, Registration papers, and signed Transfers. All horses will be shown in the Preview the day of the Sale. Horses are expected to walk, trot, and canter in both leads. All other horses led through the sale will walk and trot in the Preview. Diamond J Horses is known and recognized as Auction Company and an independent contractor regularly engaged in the business of conducting consignment sales of horses. The Auction Company, or any representative thereof, is not responsible for any liability whatsoever, including, but not limited to the loss, damage, injury, death, or illness of any animal, person, or property, before, during or after the Sale. All horses consigned to the sale are offered in accordance with the laws of the State in which the sale will be taking place. The laws of the State in which the Sale is taking place govern all transactions between Buyer, Consignor, and Auction Company. Each horse offered in sale is “As Is and With All Defects”. Consignors are hereby bound by the consignment contract completed upon nomination of sale entry, as well as these sale conditions. In the event of any legal dispute between the Buyer and the Consignor, Auction Company will not act as agents for, or represent, the Buyer or the Consignor. Auction Company merely provides a medium for bringing together the Consignor and the Buyer for the purpose of a sales transaction. The Auction Company assumes no liability for either the Buyer or the Consignor. The Auction Company and Diamond J Horses appreciate your participation in our Sale. By filling out the consignor page or the buyer page, you confirm that you have read this Contract in full and agree to the Terms and Conditions herein. See DiamondJHorses.com