FIRST – Consignee Status: Turnbull Equine Productions is operating as an independent contractor regularly engaged in the business of conducting consignment sales. In the event of any dispute between the buyer and the consignor, Turnbull Equine Productions will occupy the position of agent for a disclosed principle and stakeholder and will be discharged from all obligations owing to the consignor or the buyer on delivery of any property of funds held by Turnbull Equine Productions, and sale management having jurisdiction of such dispute. Turnbull Equine Productions makes no representation or warranty with respect to any animal and the buyer must look solely to the designated consignor for recovery of any damage by reason of the failure of any representation or limited warranty.
SECOND – The highest bidder will be the buyer, and if any dispute arises between two or more bidders, the horse in dispute will immediately be offered again for advance bids. If there is no advance, the horse shall go to the person from whom the auctioneer recognized the last bid. The auctioneer reserves the right to decline any and all bids made by parties who have defaulted in former purchases or by any person whom, in his judgment, are not responsible bidders. Rights of the consignor to bid are reserved by the consignor.
THIRD – Terms of Sale: Cash, personal check with proper identification. Payment must be made in full immediately after the sale. All other terms of payment must be approved prior to the sale.
FOURTH – All payment must be made to the cashier of Turnbull Equine Productions. At no time may any part or all of the purchase price be paid directly to the consignor. All fees must be paid to the cashier before the horse is released. A CHARGE OF $50 WILL BE MADE ON ANY CHECK THAT IS RETURNED. All expenses and/or damages relating to the nonpayment will be the responsibility of the buyer.
FIFTH – Buyers assume all expenses and risks of their horse purchase upon the fall of the gavel including any subsequent injury or death. Upon payment for the purchase, the cashier will issue a receipt to obtain delivery. Buyer must present this receipt to the stable management at the time the horse is removed from the grounds. All horses must be removed from the grounds at the end of the sale or no later than Sunday at 10:00 am unless prior arrangements have been made with the sale office.
SIXTH – All registration certificates will be held by Turnbull Equine Productions, until all checks have cleared the bank at which time the certificates will be mailed to the buyer no earlier than 10 banking days. If any buyer desires to obtain registration certificates immediately, the purchase must be paid with cash or cashier’s check. NO EXCEPTIONS
SEVENTH – Every effort has been made to assure the accuracy of the catalog. Turnbull Equine Productions, and the auctioneers are not responsible for errors or omissions and assume no liability on the part of the consignor as to any statement either verbal or written regarding any consignment. All additions and corrections at the sale will supersede the catalog.
EIGHTH – Turnbull Equine Productions, sale employees, and auctioneers are not responsible to anyone for blemishes, defects, or the physical condition of any horse in the sale. ALL RESPONSIBILITY LIES BETWEEN THE CONSIGNOR AND THE BUYER.
NINTH – It is the consignor’s responsibility to notify Turnbull Equine Productions, in writing prior to the sale of all unsoundness of any kind known to the consignor. Any unsoundness not listed in the catalog will be announced at the time of sale. The buyer has the responsibility to examine horses before bidding.
TENTH – The consignor has the responsibility to inform Turnbull Equine Productions, of the fact that the horse is a bleeder, a cribber, a cryptorchid or has been nerved or foundered, or has any vices or unsoundness to include defects of the eyes, navicular disease, ring bone, or any cosmetic alteration or enhancement to include false tails. If a buyer discovers such a condition in the horse which was not stated in the catalog by the consignor or not stated at the time of auction by the consignor as required, the buyer must deliver to Turnbull Equine Productions, a written statement from a qualified equine veterinarian within 5 days of the date of sale establishing the existence of a material condition. Upon agreement between the consignor and the buyer, the horse may be returned to the consignor. If an agreement between the sale management, the consignor and the buyer cannot be reached then the consignor and buyer must refer to the First Condition of Sale in this catalog. A failed stress test is not considered an unsoundness. A horse that colics, has a fever, cold or flu will not be considered unsound. A horse that dies within 5 days after the sale shall remain the property of the buyer. If the horse is rejected for any unsoundness or other misrepresentation, the commission will not be refuded to the consignor. Any horse selling for less than one thousand ($1,000.00) dollars is sold “as is” with no guarantees. There is no guarantee of disposition or compatibility of any animal.
ELEVENTH – BUYERS AND SPECTATORS BE CAREFUL WHILE ON THE GROUNDS. Turnbull Equine Productions, Virginia Horse Center, management and all its employees, auctioneers and all representatives are not responsible for any accidents that may occur to consignors, spectators, buyers, horses, or equipment for loss from fire, theft, injury or death to any human or animal in any way or manner.
PLEASE READ CAREFULLY AND FAMILIARIZE YOURSELF WITH THE CONDITIONS OF SALE