BUYER TERMS

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PAYMENT TERMS:

Address : 13826 South State Hwy 19, Elkhart, Texas United States
Phone: +1 903-764-1495            Email:
elkharthorseauctions@gmail.com

  1.   TERMS AND CONDITIONS: 1. Payment is due one hour after the sale is completed.    2. Payment must be approved prior to sale by barn management.   3. There is a $30 charge for checks that are returned from the bank for any reason. There will be a 3% charge on ALL credit card purchases.   4. All representations, warranties, or guarantees concerning items or livestock’s health, condition, soundness, or value are made by the Seller. Elkhart Horse Auctions and it’s agents or employees make no representations, warranties, or guarantees regarding items or livestock’s health, condition, soundness, or value. Buyer purchases the item or livestock in an “AS IS” condition with no warranty.    5. All sales are final and the Buyer is responsible for removing the purchased item or livestock by 3:00pm of the day following the sale.    □ By checking this box, Buyer authorizes Elkhart Horse Auctions to transport the livestock to T6 Stables, located at 140 CR 811, Donie, Texas 75838, for a two (2) week quarantine at a cost of $280. This price includes transport fees, worming, one shot of long-lasting penicillin, hay and feed. At the end of the initial quarantine period, Buyer may elect to extend the quarantine for additional two (2) week quarantine, upon payment of additional $280 quarantine fees.    □ By checking this box, Buyer doesn’t opt for the two (2) week quarantine above and authorizes that any livestock left at Elkhart Horse Auctions past the next day at 3:00pm pickup deadline will be transported to T6 Stables for boarding. Buyer will be charged a $55 transport fee that includes hay and feed, worming, and a long-lasting dose of penicillin. Buyer will pay an additional fee of $15 for each day until the livestock is picked up by Buyer. Buyer authorizes T6 Stables to administer any veterinary services necessary in the opinion of T6 Stables and Owner agrees to reimburse T6 Stables for such fees.    □ Buyer authorizes Elkhart Horse Auctions to resell through the next auction any livestock that is not in a quarantine program and that is not picked up by Buyer at the end of two weeks. Buyer authorizes Elkhart Horse Auctions to deduct from the sale proceeds of a resale, all sales commissions, fees owing to T6 Stables, and any other out of pocket expenses incurred by T6 Stables before returning the balance of the proceeds to Buyer.   □ Elkhart Horse Auctions and T6 Stables will release livestock to a transporter only upon receipt of written authorization from Buyer setting forth the name, address, and phone number of the transporter. The transporter must have a copy of the receipt of sale.    □ Elkhart Horse Auctions and T6 Stables are not responsible for health certificates or other permits required by any public authority for the transport of livestock.    6. The commission is applicable to all sales resulting from exposure through registration with the Elkhart Horse Auctions, whether made in the actual auction, before, or after.    7. Elkhart Horse Auctions is not responsible for injuries or damage to person or property. The Buyer agrees to release the Elkhart Horse Auctions from liability and to forbear all claims for injury, damage, or loss to person or property in exchange for the use of the barn and benefit participation in the sale.  WARNING UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTIVE AND REMEDIES CODE), A FARM ANIMAL PROFESSIONAL IS NOT LIABLE FOR ANY INJURY TO OR THE DEATH OF A PARTICIPANT IN FARM ANIMAL ACTIVITIES RESULTING FROM THE INHERENT RISKS OF FARM ANIMAL ACTIVITIES.  8. The Buyer fully acknowledges that any property (livestock, tack, saddles, and/or any property consigned to Elkhart Horse Auctions) removed from said property will be paid in full by cash, check, or card. Any insufficient funds, no funds on the drawer, or maker has no account, or the account on which it is drawn has been closed, waive recognition of such payment and accept full responsibility of theft (felony or misdemeanor charges) of livestock, saddles, tack, or other property.    9. Should it become necessary to enforce payment against you for any reason, it is hereby agreed that the Buyer will be responsible for attorney’s fees and legal expenses that are reasonable and allowed by law.    10. NO PRE-RING SALES AND NO ALLEY TRADING! BARN RECEIVES A COMMISSION ON ALL SALES ANYWHERE ON THE ELKHART HORSE AUCTIONS PROPERTY.   11. This contract is performable in Anderson County, Texas.    12. Elkhart Horse Auctions and T6 Stables are not responsible for loss or damage to livestock, equipment, or persons from injury, accident, theft, or fire. Buyer agrees to indemnify and hold Elkhart Horse Auctions and T6 Stables harmless from all liability for damages to property injuries unless caused by Elkhart Horse Auctions and T6 Stables gross negligence or intentional conduct.    13. ELKHART HORSE AUCTIONS have the right to ban anyone from our sale, property, or online resources for any reason we deem necessary. BY SIGNING THIS FORM, YOU, THE BUYER, AGREE THAT YOU HAVE READ OVER ELKHART HORSE AUCTIONS TERMS AND AGREE TO THE CONDITIONS STATED IN THIS DOCUMENT.