Terms and Conditions Applicable Law
- All horses are offered according to the laws of the
State of Arkansas. There are no warranties or guarantees
implied as to the fitness for any particular purpose(s) of
any horse offered in this sale. All known unsoundnesses
or vices shall be documented, placed in notebooks, and
made available for review before the sale. Buyers are
cautioned to examine these notebooks and the horses
closely before purchasing. Every effort has been made
to give complete disclosure of all known negative factors
(health, disposition, management, etc.) on all horses in
the sale. However, no agent of The University of
Arkansas can or shall be considered responsible for any
oversight of a fault. Any desired Veterinary
examinations are to be conducted prior to sale day at the
Buyer's expense, and by appointment only. There are no
guarantees whatsoever regarding broodmares in foal,
pregnancy status, future "breedability" or eventual
foaling. All horses are sold "caveat emptor" (buyer
beware)! All sales are final. All sales are absolute.
Public Inspection
- Horses are available for public inspection from 4:00 –
5:00 PM, November 18th . Questions about sale
horses can be directed to N. E. Jack, Director, D. E. King
Equine Program, (479)-575-4380. As our primary mission
is education, and disruption of classes and laboratories
is detrimental, we respectfully request that inspection of
sale horses be confined to these dates and times.
Bidding Procedure -
Highest bidder shall sign an Acknowledgment of Purchase.
Absentee bids must have payment method approved prior to
the sale. The D. E. King Program Director will decline
any bids made by parties who have defaulted on former
purchases, or persons who in her sole judgment are not
responsible bidders, and the Program Director's decision
shall be final. To prevent selling horses at or below
slaughter price, the Program Director reserves the right
to set a "floor price" on each horse. Besides this, no
other reserves shall be made.
Bidding Disputes -
Should any dispute arise between any two bidders, the
Auctioneer shall adjudicate the dispute and the decision
shall be absolute. Bids received after the fall of the
"hammer" are not valid. In case of dispute advanced
bidding shall be restricted to the contending parties, but
should the recognized bid have to be reduced below the bid
at commencement of the dispute, then bidding shall be
reopened to all bidders.
Risk to Horses - The
purchaser, at the gavel fall, assumes all risk and
responsibility for the horse. All horses must be removed
from the farm immediately following the sale up to 11:00
P.M. or during open barn hours the following
morning (Sunday, November 19th, 10:00 a.m. - 2:00 pm). To
take possession of an animal, the sales receipt provided
at time of payment will be required. During the stay of
the horse, students and staff shall continue to provide
all normal care. Students or staff will be available to
assist with wrapping legs (wraps are not provided, in
the interest of safety to your new horse we recommend
bringing wraps or bandages) and loading of horses, but
without any liability being accepted for injury or
accidents to animals, persons or equipment.
FOR
LIABILITY REASONS, STUDENTS OR STAFF WILL LOAD ALL HORSES
to leave the premises. A $25 a day boarding fee will
be assessed for horses left after open barn hours
(starting at 2:00 p.m., November 19th) and an appointment
will have to be made for barn staff to assist with pick up
and loading. During the stay of the horse, neither the
University of Arkansas, its employees, officers or agents
shall be liable for any accidents, disease, death or
injury to any horse. Nor shall the aforementioned agents
be responsible for any accidents or injuries inflicted by
the horse on any persons, facilities or equipment.
WARNING:
UNDER ARKANSAS LAW, AN EQUINE ACTIVITY SPONSOR IS NOT
LIABLE FOR AN INJURY TO, OR DEATH OF, A PARTICIPANT IN
EQUINE ACTIVITIES PURSUANT TO ARKANSAS CODE 16-120-201 AND
16-120-202
Payment - Purchaser
must make payment by cash, cashier's check or personal
check within thirty minutes of the conclusion of the sale,
at which time a sales receipt for the horse shall be
given. Make all checks payable to The University of
Arkansas Foundation. On purchases by personal check,
title and/or registration papers shall be held until funds
clear the bank, at which time they shall be mailed or may
be picked up by the new owner. Horses purchased by cash
or cashier's check shall have their title and/or
registration papers transferred at the time of payment.
Purchaser may not stop payment on a check given in payment
for a horse or its board for any reason.
Public Liability -
Neither The University of Arkansas, its employees,
officers or agents assume any responsibility for any
injury, death, or damage to a person or animal of any
kind. For liability reasons, horses may only be handled
and ridden by students in the University of Arkansas
program. Examine horses at your own risk. The
public is cautioned to be extremely careful while on the
grounds examining horses and particularly while horses are
being ridden. Do not enter stalls or paddocks unattended
under any circumstances. A student or staff member will be
happy to assist you in viewing the horses.
|