1. GOVERNING LAW
JACK AUCTION GROUP is a fully licensed and bonded Auction Company with a Livestock Dealers License to conduct horse sales in the Province of Saskatchewan. JACK AUCTION GROUP is an independent contractor regularly engaged in the business of conducting consignment sales of horses and is recognized as “sale management”. JACK AUCTION GROUP holds no ownership interest in any horse offered for sale, and is not responsible for any liability whatsoever, including, but not limited to, the loss, damage, injury, death or illness of any horse, person or property before, during or after the sale. In the event of any legal dispute between a buyer and owner, JACK AUCTION GROUP will occupy the position of agent for a disclosed principal and stakeholder and will be discharged from all obligation upon delivery of any property and/or funds held, to a court having jurisdiction of such dispute.
Buyers, bidders, owners and/or spectators are notified to use extreme caution while on the sale grounds, particularly while horses are being presented in the sale arena. All persons attending this sale do so at their own risk. Neither JACK AUCTION GROUP nor any other independent contractor associated with the sale, assumes any liability whatsoever for accidents, death or injury to persons or property before, during or after the sale.
3. BUYER REGISTRATION/PRE-SALE PURCHASE ARRANGEMENTS
Every potential buyer must pre-register at the sale office prior to bidding. A valid driver’s license, intended form of payment and a complete buyer registration application are required. Any new buyer and his banker should complete the Request to Purchase by Check form provided if personal checks are to be used as payment. Any buyer exceeding the amount of established credit must update buyer verification. JACK AUCTION GROUP reserves the right to accept or reject any request for buyer or owner participation at this sale.
Non-Canadian Bidders – Foreign buyers are welcome. To participate please note CDN funds and a form of positive identification are necessary. Methods of payment accepted:
1. Canadian Cash 2. MasterCard or Visa 3. Debit Card 4. Canadian Cashier’s Check 5. Canadian Bank Drawn Draft 6. Canadian Money Order
NO POST DATED CHECKS ARE ACCEPTED.
A 3% office processing fee will be added to all purchases paid with a Credit Card.
4. CATALOG ERRORS AND ANNOUNCEMENTS
ALL ELIGIBILITIES AND NOMINATIONS NOTED WITHIN THE SALE CATALOG HAVE BEEN PROVIDED BY THE OWNER AND HAVE NOT BEEN VERIFIED BY JACK AUCTION GROUP.
The accuracy of all information regarding a horse’s catalog page is the sole responsibility of the owner as is the certainty that all announcements regarding corrections, updates or warranties are made while horse is in the auction arena. Buyers are cautioned to pay close attention to announcements from the auction block regarding corrections or updates to the sale catalog page as such announcements take precedence over printed material. While certain information may have been procured by JACK AUCTION GROUP from third parties on behalf of the owner, it is nonetheless solely the responsibility of the owner to verify the accuracy of such information and to make certain such changes are made public. JACK AUCTION GROUP nor any representative thereof, assumes any responsibility or liability for errors or omissions, or for any verbal or written statement regarding the horse sold. If a prospective buyer is not sure about an announcement made regarding a horse up for bidding, he should immediately consult with the bid spotter working that section.
WARRANTIES & EXPRESSED LIMITED WARRANTIES
BUYERS ARE ENCOURAGED TO PRE-INSPECT AND ARE CAUTIONED TO CAREFULLY EXAMINE ANY HORSE PRIOR TO BIDDING OR PURCHASING. PRESALE VETERINARY ASSISTANCE IS AVAILABLE AT THE BUYERS EXPENSE.
Potential buyers, at their expense, have the option to have a veterinary examination performed on any horse prior to that horse entering the auction arena. Owner’s permission must be obtained prior to any such examination. All horses consigned to this sale are offered in accordance with the laws of the Province. There is no warranty, express or implied, by JACK AUCTION GROUP, any sale staff member or the owner of any horse offered for sale as to the soundness, condition, merchantability or fitness for any particular purpose. All horses are sold “AS IS” with all existing conditions and defects except as expressly announced from the auction block or as expressly provided herein. Any guarantees announced on behalf of the owner from the auction block are strictly between owner and buyer. Owners are bound by these sale conditions as well as the consignment agreement completed upon entry to the sale. Within that consignment agreement owner represented and warranted to buyers and JACK AUCTION GROUP the following:
A. the horse is sound of eyes, wind, limbs and mouth B. the horse is not a “cribber” or a “weaver” C. the sex and condition as to a stallion, gelding or ridgeling is as described in the sale catalog D. the pedigree and parentage of the horse is as represented E. the horse is suitable for the purpose it is represented F. the owner will disclose any and all unsound conditions, defects or bad habits the horse may have including scars. G. the tail or mane extensions or any other alterations by announced at the time of sale
OWNERS ARE WARNED THAT ANY HORSE REFUSED BY THE BUYER FOR LACK OF DISCLOSURE OF ANY WARRANTY OR LIMITED WARRANTY DESCRIBED IN TERM #5 HEREIN WILL BE SUBJECT TO RETURN. UPON ANY SUCH RETURN, OWNER WILL OWE JACK AUCTION GROUP THE CONSIGNMENT FEE PLUS THE GREATER AMOUNT OF THE 7.5% COMMISSION OR $1,000.00.
No guarantees or warranties are made by JACK AUCTION GROUP as to the pregnancy status and eventual foaling, fertility or breeding privilege of any mare offered for sale. Final pregnancy status and covering sire for any mare shall be announced from the auction block on behalf of the owner. Any mare selling “in foal” sells without return breeding privileges unless announced on behalf of the owner. Any breeding agreement is solely between the buyer and owner. Broodmares represented by an owner as “in foal” are subject to a veterinary pregnancy examination at buyer’s expense immediately upon purchase and prior to removal from the auction grounds. Any broodmare found not to be as represented in the auction arena may be returned as unsold to the owner who shall then become responsible for the cost of veterinary pregnancy examination, as well as entry fee and commission.
RIGHT OF RETURN
In the event that any horse is not as represented in the sale catalog as announced, or if owner fails to disclose at time of sale any of the limited warranties described in Paragraph above, horse is subject to return by the buyer. Within twenty-four (24) hours after the close of the sale session in which the horse is purchased, the buyer shall file with JACK AUCTION GROUP (firstname.lastname@example.org) a written notice of rejection along with veterinary supporting statement of condition of the horse. JACK AUCTION GROUP may require testing by a second veterinary source of its choice to determine if the horse had the issue at the time of sale. Said veterinarian’s decision will be final. If the veterinarian determines that the issue or defect(s) was present at the time of sale and was not announced, the sale of said horse shall be null and void and the owner must pay the consignment fee plus the greater amount of the 7.5% commission or $1,000.00, and the cost of all veterinary services performed. If the horse is found by the second veterinarian to not have the alleged issue or defect, the sale of said horse is valid and enforceable and buyer assumes all costs associated including veterinary services. JACK AUCTION GROUP has the right to determine what a reasonable expense is. It is the intent of JACK AUCTION GROUP to tape record the entire auction which shall be used to settle disputes regarding statements made about horses while in the auction arena. In the event of disputes, the final veterinary examination and tape recording will be used to settle said dispute.