Horseshoe Park & Equestrian Centre
20464 E. Riggs Road
Queen Creek, Arizona 85142
HPEC Site Map
T. Scott Caldwell and Cris Caldwell
Sale Conducted By
Arizona Thoroughbred Breeders Association
P. O. Box 41774
Phoenix, Arizona 85080-1774
(602) 942 – 1310 • FAX (602) 942 – 8225
Near HPEC Sale Site
- FOUR POINTS SHERATON HOTEL
6850 East Williams Field Road • Mesa, AZ 85212
- BEST WESTERN LEGACY INN & SUITES
4470 South Power Road • Mesa, AZ 85212
- HAMPTON INN & SUITES – PHOENIX/GILBERT
3265 South Market Street • Gilbert, AZ 85297
Near Turf Paradise
- EMBASSY SUITES
2577 W. Greenway Rd. • Phoenix, AZ 85023
- LA QUINTA
(602) 375 – 1777 1-800-527-7715
2510 W. Greenway Rd. • Phoenix, AZ 85023 (602) 993 – 0800
Conditions of Sale
CONSIGNORS AND BIDDERS TAKE NOTICE THIS SALE IS CONDUCTED IN COMPLIANCE WITH THE FOLLOWING CONDITIONS OF SALE AND ALL RIGHTS, DUTIES AND/OR CLAIMS OF THE INTERESTED PARTIES SHALL BE GOVERNED BY THE SAME:
ARIZONA THOROUGHBRED BREEDERS ASSOCIATION, INC.,
an Arizona nonprofit corporation, referred to hereinabove as either “ATBA” or “Auctioneer.”
1. APPLICABLE LAW:The laws of the State of Arizona shall apply to all aspects of this sale and jurisdiction and venue shall be in the County of Maricopa, State of Arizona.
2. WARRANTIES:Neither ATBA nor consignor make any representation and/or warranty, expressed or implied, as to the merchantability or fitness for any particular purpose of any horse offered in this sale, including but not limited in any respect as to racing soundness. All horses in this sale are sold in their “AS IS” condition, with all defects and faults.
3. BIDDING PROCEDURE:The right to bid is reserved for all consignors, either in person or through their agents, unless otherwise announced. To be eligible to bid, a person must be at least eighteen (18 years of age). All potential bidders shall be prepared to present written proof of age as identity to be eligible. There shall be an upset price on every horse offered for sale as set forth on the title page of the sales catalogue. If an opening bid of the upset price is not immediately forthcoming to the auctioneer’s call, the horse shall be returned to the consignor as unsold. Minimum acceptable increases in the bidding are $100. The person making the highest bid recognized by the auctioneer shall be the Purchaser. The auctioneer reserves the right to reject any or all bids. The auctioneer shall present the Purchaser with a document entitled Acknowledgement of Purchase for his or her signature. Should the Acknowledgement of Purchase not be presented for signature prior to commencement of bidding on the next lot offered, the Purchaser shall forthwith identify himself to the auctioneer as Purchaser and sign the Acknowledgement of Purchase when presented. If a person other than the recognized Purchaser signs the Acknowledgment of Purchase such action shall not give such other person any right, title or interest in and to the horse. At such time as any such erroneous signing of the Acknowledgement of Purchase becomes known to auctioneer, he shall cause the Acknowledgement of purchase to be presented to the recognized Purchaser for signature. Except as otherwise stated in this paragraph, the person signing the Acknowledgement of Purchase shall be deemed the Purchaser, not withstanding the manner in which the persons signs such Acknowledgement of Purchase, and shall be obligated to pay the full purchase price for the horse. The only exception to this rule would be in the case of an agent acting on behalf of a principal who has delivered to ATBA, prior to the sale, an executed ATBA Purchasers Authorized Agent form. Should such an Authorized Agent sign an Acknowledgement of Purchase on behalf of himself/ herself and on behalf of a third person or persons, the Authorized and the third person or persons shall be deemed to be the Purchasers and shall be jointly and severally liable for the full purchase price of the horse. Upon signing the Acknowledgement of Purchase, the Purchaser thereby authorized ATBA to make public the purchasers name and purchase price of the horse.
4. BIDDING DISPUTES:Should any dispute arise between or among two (2) or more bidders, the auctioneer shall forthwith adjudicate the dispute, and his decision shall be absolute, final and binding on all parties. Bids received after the fall of the hammer are not grounds for dispute. Bids acknowledged by bid spotters employed by the auctioneer are recognized as if tendered to the auctioneer, but in the case of dispute the bidding on the horse shall be forthwith reopened for advance bids, and if there be no advance, the horse is sold to the person from whom the auctioneer recognized the last bid. In case of any dispute, advanced bidding shall be restricted to the contending parties, but should the recognized bid be reduced below the bid at commencement of the dispute then the bidding is reopened to all bidders regardless of whether or not final bid exceeds the bid which was disputed. The auctioneer, in its sole discretion, reserves the right to reject any or all bids.
5. TITLE, RISK AND DELIVERY: Title passes to the purchaser at the fall of the hammer, at which time the Purchaser assumes all risk and responsibility for the horse, and all responsibility for any personal injury or property damage caused to or by the horse. Purchaser or his representative may take care, custody and control of the horse immediately after the fall of the hammer, but such taking shall not constitute delivery of the animal, which will be made only after Purchaser presents himself to auctioneer/ cashier for settlement. Purchaser must so present himself within thirty (30) minutes of conclusion of the sales session in which the horse is sold, at which time delivery will be made in form of a “stable release” for the horse, provided that Purchaser satisfactorily makes settlement. After delivery, Purchaser shall remove the horse from the Sales Area promptly, and shall be subject to boarding charges as determined by the ATBA should they fail to do so.
6. TERMS FOR SETTLEMENT: ALL SETTLEMENTS ARE TO BE MADE WITH THE CASHIER OF THE ATBA. PAYMENTS TO OTHERS, INCLUDING CONSIGNORS OR THEIR REPRESEN- TATIVES, ARE NOT RECOGNIZED AS SETTLEMENT. Purchasers shall make settlement within thirty (30) minutes of conclusion of sales session in which the horse is sold for the full purchase price, such settlement to be in form of U.S. currency or approved bank check, certified check or travelers check, unless credit shall have been approved in advance by cashiers of the ATBA. Bidders are cautioned that approval of credit for a prior sale does not establish credit for purchases at this Sale. All bidders must re-establish credit prior to bidding. Any Purchaser to whom credit is extended shall pay in full for their purchases with in five (5) days of the Sale, failing which the ATBA may, in its sole and absolute discretion, declare Purchaser in default.
Any lots not paid for in full within (5) days after Sale, and not declared in default by the ATBA, shall be subject to a finance charge of one and one-half percent (1-1/2%) per month from date of sale on all amounts owing until such a lot or lots have been paid in full.
7. DEFAULTS:Any Purchaser who fails in any respect whatsoever to pay for horses as provided for above shall be declared in default. Any horse purchased by a defaulting Purchaser may be resold by the ATBA at public or private sale without notice for Purchaser’s account, costs of such resale to be borne by the defaulting Purchaser. Should such resale fail to satisfy the defaulting Purchaser’s account in full, the defaulting Purchaser shall pay forthwith the ATBA the amount owing, failing which the ATBA may bring legal proceedings against the defaulting Purchaser. Should the ATBA prevail, the defaulting Purchaser shall pay all collection costs, including, but not limited to, reasonable attorney’s fees, court costs and all other costs of such collection. Should Purchaser refuse to accept possession or control of the horse purchased, the horse shall be deemed abandoned by the Purchaser, the Purchaser shall forfeit all rights, title and interest of any kind whatsoever in the horse. However, such abandonment shall have no effect on the obligation of Purchaser to pay the full purchase price for the horse.
8. CERTAIN CONDITION OF HORSES:Consignor must advise the ATBA in writing on any horse offered for sale as to the following (I) that title to the horse is clear and transferable; (II) that the horse’s identity, description and eligibility for stakes engagements and incentive programs as set forth in the catalogue are true and correct; (III) that the horse is not a “cribber” or a “wobbler”; (IV) that the horse has no disease or injury of the eye; and (V) that each horse described as a colt must have two testes descending to the scrotum and each horse described as a gelding or a ridgeling must be fully delineated as such. The consignor hereby indemnifies and holds the ATBA harmless from any and all liability or damage that might be incurred by the ATBA due to the condition of any horse entered by Consignor in the sale. Any horses meeting any of the conditions set, forth in this paragraph are subject to return to Consignor as set forth hereinafter. Consignments will not be accepted from anyone who has, to the knowledge of the ATBA, at any time misrepresented a consignment at this or any other sale.
9. RIGHT OF RETURN:Any horse sold in this sale whose condition is as set forth above shall be subject to return to Consignor. The Consignor shall be responsible for refund of the purchase price and reimbursement for all expenses incurred on behalf of the horse from the fall of the hammer. However, in order to be eligible for a refund the Purchaser must immediately upon learning of such defect notify the ATBA in writing with a veterinary certificate attached confirming such defect, such notification to be given within forty-eight (48) hours of sale. Any and all right to return a horse for any condition whatsoever shall terminate forty-eight (48) hours after the time of the sale and Purchaser shall thereafter have no further right to return any horse for any reason whatsoever. Notwithstanding anything to the contrary contained in this provision, the ATBA shall be sole and final arbitrator of whether or not a horse may be properly returned by a Purchaser and consignor’s liability therefore and each party to the sale agrees to be bound by ATBA’s decision.
10. BROODMARES:Each broodmare in this sale will be offered with veterinary certificate provided by consignor and satisfactory to Arizona Thoroughbred Breeders Association, Inc., showing her to be either, 1. in foal, in the opinion of the examining veterinarian, based on manual examination, within 10 days prior to date of sale, or 2. barren, and apparently free of infectious vaginal disease and in sound breeding condition in the opinion of examining veterinarian, based on speculum examination within 10 days prior to the date of sale. Any purchaser of a broodmare sold in this sale may have her examined within 24 hours after the fall of the hammer, or prior to removal from sale premises by a veterinarian acceptable to the ATBA. Any broodmare so examined whose pregnancy status is found not to be as represented at the time of sale shall be returned to consignor as unsold, and consignor shall pay the veterinarian’s fee for examination. Mares sixteen years or older which are currently not in foal and which have not produced a live foal during each of the past two years will not be accepted for this sale.
11. BREEDING CONTRACTS:Any contractual agreements between owners of broodmares in this sale and owners of stallions to which these mares may have been bred or are to be bred do not follow the mares unless so announced at time of sale. The possible return to any stallion or possible refund of any stud fee does not go with any broodmare unless so announced at time of sale.
12. CATALOGUE AND ANNOUNCEMENTS:Horses catalogued in the Sale are offered with their pedigrees, racing records, eligibility for incentive programs, engagements, breeders of record, locations where bred, as represented by Consignor, to the ATBA. The consignor hereby indemnifies and holds the ATBA harmless for the accuracy of information provided. While certain information may have been procured by ATBA from third parties on behalf of Consignor, it is nonetheless solely the responsibility of consignor to verify the accuracy of such information and to notify the ATBA of any corrections prior to sale. The ATBA is not responsible for any statements made in the catalogue or from the auction stand concerning horses listed therein for sale, or for any warranties, expressed or implied on their behalf.
13. MEDICATION:Each Consignor shall advise the ATBA twenty-four (24) hours prior to the time of sale by form of a veterinary certificate of any and/or all medication being currently administered to each horse consigned. This information shall be posted in the sales office prior to the sale of the horse. The Purchaser of said horse shall verify and lodge any variances and/or objections to the ATBA for right of return to consignor, as per Condition No. 9, within forty-eight (48) hours after the date of Sale or prior to removal of the horse from the sales grounds, whichever shall first occur.
14. REGISTRATION CERTIFICATES:The Jockey Club Certificate of Foal Registration for each horse consigned shall be furnished by the Consignor to the ATBA. The ATBA will withhold settlement from any sale until a Certificate of Registration has been delivered to the ATBA for that particular sale and horse.
15. ATBA IS AGENT ONLY:The auctioneer and ATBA act as agents for the Consignor and not for the Purchaser.
16. INELIGIBLE BIDDERS:No bids will be honored from bidders who have defaulted payment on any purchase at any previous sale conducted by the ATBA.
17. PURCHASER’S OBLIGATION TO INSPECT:Purchaser acknowledges that they have had the opportunity to inspect and examine, by veterinarian or otherwise, each horse they have purchased, and accepts the animals purchased with all conditions and/or defects in the horse’s then “AS IS” condition.
18. ARBITRATION:Any controversy or claim arising out of the sale or consignment shall be settled by arbitration between the conflicting parties, pursuant to the following procedures: 1. any and all claims must be made in writing to the ATBA, whose determination regarding whether or not a claim has been timely and properly presented shall be binding and final to all parties; 2. upon determination by the ATBA that a claim exists, the disputing parties shall select a qualified independent arbitrator to hear the claim in cases concerning the physical condition of a horse, the arbitrator must be a State of Arizona licensed veterinarian and in all other claims the arbitrator must be a State of Arizona licensed attorney; 3. if the claimants can decide on a single arbitrator, he shall hear the claim and evidence and his decision shall be binding upon the parties; 4. if the claimants cannot agree upon a single independent arbitrator, each party shall choose his or her own arbitrator and the two (2) arbitrators shall appoint a third arbitrator. 5. the panel of three (3) arbitrators shall conduct any and all tests, investigation or examinations as is deemed appropriate or necessary and shall conduct a hearing by notifying the ATBA in writing and its decision by majority vote shall determine the validity of the claim and shall be final and binding to all parties.
19. HORSES ELIGIBILITY FOR ENGAGEMENTS:The Purchaser shall have the full and total responsibility to make any and all investigations concerning the horse’s eligibility for any type of incentive programs or stakes engagements, or similar matters. All parties acknowledge that the ATBA has no obligation or responsibility to advise Purchaser of any said incentive programs or stakes engagements, or similar matters, and from the fall of the hammer Purchaser assumes all obligations including payment of all fees.
20. COLLATERAL AGREEMENTS:The ATBA is not bound by any oral or written agreement or alleged agreement varying in any manner from these Conditions of Sale between any Purchaser or Consignor unless agreed to in writing by the ATBA.
21. SEVERABILITY:If any provision of these Conditions of Sale is held to be illegal and invalid, such illegality or invalidity shall not affect the remaining provisions of these Conditions of Sale and they shall continue in full force and affect as if such illegal or invalid provision had never been inserted therein.
22. LIMITATION OF ACTIONS:Any and all actions arising out of any alleged breach of these Conditions of Sale, must be commenced within one (1) year after the date of such breach occurs. However such action must be commenced within one (1) year of breach, regardless of the aggrieved parties lack of knowledge of the breach.