CONSIGNOR TERMS AND CONDITIONS
CONSIGNOR TERMS AND AGREEMENT
Upon registration of a horse, CONSIGNOR agrees to the terms of consignment as detailed herein. Entry fee into the Southern Belle Classic is $450 and is nonrefundable. A commission rate of 8% is charged on all sold horses. All consigned horses are expected to be sold in the ring. Absolutely no sales of consigned horses prior to the auction will be permitted. Consignors have the option to "no sale" the horse. Any No Sale must be declared after the gavel drops, while still in the ring. No Sale fee is $500 and must be paid before horse is removed from sale grounds. All registered horses must have registration papers in consignor's name or have a valid transfer paper. Registration papers and transfers must be received by Belles in Boots Productions, LLC on or before January 1, 2023. Consignor agrees and acknowledges that their consigned horse(s) are: owned by the consignor; sound of limb, eyes, and wind; not a cribber or wind sucker; not cryptorchid; not pregnant; and are exactly what consignor represents them to be. Consignor agrees to not withdraw horse(s) from the sale except for in case of serious illness or injury and will provide Belles in Boots productions, LLC with a notarized veterinary statement related to withdrawal. Consignor must provide required x-rays, vet health exam, current negative coggins, and vaccinations records to Belles in Boots Productions, LLC prior to sale date. All horses must have a Health Certificate (ICVI) dated within 30 days prior to date of sale. Consignor agrees to sign a waiver and hold harmless agreement provided by Belles in Boots Productions, LLC immediately upon arrival to sale.
Guarantee: Based upon representations made solely by the horse Consignor, all horses consigned have passed our sifting process prior to the sale. All horses are sold guaranteed sound by the Consignor only that at the time of sale the horse was sound of limb, wind, and eye unless other announcements are made from the auction block. This soundness guarantee shall be exclusively between Buyer and Consignor only and does not include any other persons. Buyer understands and agrees that Southern Belle Classic, Belles in Boots Productions, LLC, its principals, directors, officers, agents, owners, members, employees and volunteers are not responsible to perform any inspection or to independently confirm or verify the soundness of Consignor’s horse. Buyer understands and agrees that Southern Belle Classic, Belles in Boots Productions, LLC, its principals, directors, officers, agents, owners, members, employees and volunteers are unaware of the condition of Consignor’s horse, and therefore is relying solely upon representations made by Consignor regarding the condition of the horse and that the horse is sound. All soundness guarantees do not include any time period following the sale including transportation. Buyers are encouraged to purchase equine insurance to protect their investments. Buyers choosing not to insure their horses immediately at the sale will be required to sign a Waiver of Coverage. Shall any soundness disputes arise; the Buyer must contact the Consignor and settle the dispute between the two of them and Buyer agrees to indemnify, release and hold harmless Southern Belle Classic, Belles in Boots Productions, LLC, its principals, directors, officers, agents, owners, members, employees and volunteers to and from any claims, liability or damages which may be asserted by Buyer of the horse on account of any breach of warranty, breach of promise or alleged misrepresentation. In the event it is determined that the defect was present at the time of sale, the Consignor is required to trade the Buyer a horse of same value. If the horse is determined not to have the alleged defect, the sale of said horse is valid and enforceable and purchaser assumes all costs of examination, treatment, and sale purchase price. Soundness does not guarantee pass of a check by any vet or trainer following the sale. Buyers are expected to ride and visit the horse and speak with consignors before the sale giving them the confidence they need to bid on sale day. If Buyer wants additional x-rays or examinations performed on the horse, he/she needs to have those exams completed before the sale and at Buyer's own expense. The Buyer understands and agrees that the Consignor of each animal (not Southern Belle Classic nor Belles in Boots Productions, LLC) represents and warrants to the Buyer the following (but not limited to): title of the animal, free from all claims of ownership; the horse is sound of limb, eyes, and wind; the horse is not a cribber or wind sucker; the horse is not cryptorchid; the horse is not pregnant; the horse is exactly what they represent it to be. Buyers are expected to do their homework and research before bidding on a horse.
Warranty: There is no implied warranty made by auctioneer, Southern Belle Classic, or Belles in Boots Productions, LLC as to the merchantability or fitness for a particular purpose of any horse in the sale. The Buyer agrees that he/she is relying upon any warranties or representations made prior to or during the sale to be made only by and on behalf of the Consignor. Buyer agrees that the Southern Belle Classic and Belles in Boots Productions, LLC are serving merely as agents selling said horse(s) for the Consignor as the principle. The Consignor is the sole responsible party for all representations, warranties, and guarantees expressed or implied concerning the condition of any horse and Buyers should satisfy themselves concerning the condition before purchasing. Consignors will not replace animal because of human/animal personality conflicts. Buyers must do their homework/research well in advance of the sale to find the horse that best fits them. The Buyer and sale attendees further agree to hold the Consignor and the Southern Belle Classic, Belles in Boots Productions, LLC, its principals, directors, officers, agents, owners, members, employees and volunteers, harmless from all loss, cost and expense rising from illness, injury or death of such animal, or loss or damage to property, and injury or death of persons, caused by themselves, their agents, or employees, or by the animal, subsequent to the time of purchase.
Liability: Buyers, sellers, consignors, and spectators are cautioned to exercise care while attending the sale and enter premises at their own risk according to the laws of the State of South Carolina. Neither the owners nor any other persons connected with this sale assume any liability, legal or otherwise, for accidents to persons or property, before, during, or after the sale. Southern Belle Classic, Belles in Boots Productions, LLC, its principals, directors, officers, agents, owners, members, employees and volunteers, and each and every landowner, municipal and/or government agency upon whose property this activity is conducted (herein after referred to as SBC), shall not be liable for injuries sustained by anyone attending the Southern Belle Classic & its associates act as agents only and are not responsible for buyer/seller error or misunderstanding. All guarantees are for the benefit and reliance by buyers, and are strictly between the buyer and the seller of the horse. All animals are sold “As Is- Where Is”. In further consideration of this sale, I agree to indemnify and defend SBC and their agents and associates, from all injury, loss of equipment, loss of animal or damages to myself, my animals or damages or injury to others lien property from my animals, by entering this horse sale whether by negligence, breach of warranty, or any misrepresentation which is alleged to have been made about the soundness of any animal sold at the sale . The undersigned by executing this instrument delivers said agreement to SBC and declares them free of all claims. If any claim or dispute is asserted or arises out of or over the sale or consignment of any lot or animal sold at auction, it is agreed that venue for any dispute shall be resolved exclusively in the Courts in the State of South Carolina, and that South Carolina law shall control this transaction or any claims or disputes which arise directly or indirectly out of this transaction in all respects. By purchasing a horse at SBC and/or executing this instrument, I verify that I have read the above information/terms & conditions in full and hereby agree to be bound by them.
These terms and conditions may be updated by Southern Belle Classic or its agents at any time with notice given to involved parties.
Information and resources will be updated as needed. Email us with any questions: email@example.com