Conditions of Sale

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, and credit card. All with proper identification. Absolutely No credit card chargebacks are allowed. All returned forms of payment including checks and credit card chargebacks will be immediately turned over to the District Attorney’s Office for collection and charges. Cost of collection, including attorney’s fees will be assessed to the buyer.

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 – REPRESENTATION POLICIES and SOUNDNESS Turnbull Equine Productions, LLC will not accept any horse consignment from the consignor whose horse has a chronic unsoundness of any kind. The Consignor has the responsibility to inform Turnbull Equine Productions LLC, and shall declare any, and all UNSOUNDNESS, vices, physical defects, and/or cosmetic alterations PRIOR TO the consignment of the horse, understanding that these statements can eliminate the horse from consignment to the sale. This shall include, but not be limited to, defects with eyes, wind, breathing, heaves, wind sucking, cribbing, weaving, nerving, founder, overbite, navicular disease, ringbone, cryptorchid, invasive surgery, or any artificial enhancements (tail extension). Also, a declaration must be made for any horse that has limited abilities and or requires maintenance, including but not limited to; injections of the joints, ongoing medications and specialized shoeing. If the horse is rejected for any unsoundness or other misrepresentation, NO FEES will be refunded to the Consignor. There is no guarantee between the consignor and buyer of any compatibility or disposition. The auction company guarantees no horse. All guarantees are between the buyer and the seller at the time of purchase. The question of limited warranty or guarantees made by the consignor from the auction block shall be settled strictly between the buyer and consignor.

TENTH – REPRESENTATION POLICIES and SOUNDNESS Turnbull Equine Productions, LLC will not accept any horse consignment from the consignor whose horse has a chronic unsoundness of any kind. The Consignor has the responsibility to inform Turnbull Equine Productions LLC, and shall declare any, and all UNSOUNDNESS, vices, physical defects, and/or cosmetic alterations PRIOR TO the consignment of the horse, understanding that these statements can eliminate the horse from consignment to the sale. This shall include, but not be limited to, defects with eyes, wind, breathing, heaves, wind sucking, cribbing, weaving, nerving, founder, overbite, navicular disease, ringbone, cryptorchid, invasive surgery, or any artificial enhancements (tail extension). Also, a declaration must be made for any horse that has limited abilities and or requires maintenance, including but not limited to; injections of the joints, ongoing medications and specialized shoeing. If the horse is rejected for any unsoundness or other misrepresentation, NO FEES will be refunded to the Consignor. There is no guarantee between the consignor and buyer of any compatibility or disposition. The auction company guarantees no horse. All guarantees are between the buyer and the seller at the time of purchase. The question of limited warranty or guarantees made by the consignor from the auction block shall be settled strictly between the buyer and consignor.

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.