IMPORTANT NOTICES

Conditions of Sale

This sale is governed by these Conditions of Sale and the Important Notices and Sellers’ Contracts. All prospective Sellers, Bidders, and Buyers as well as all other interested parties are bound by the provisions of the Conditions of Sale as set forth below and the Important Notices.
All prospective Bidders are urged BEFORE bidding to personally examine with care, or cause their agents and/or veterinarians to examine with care, any animal upon which they may be interested in bidding as they are accepting any horse purchased with all conditions and defects except those conditions and defects which are specifically warranted in these Conditions of Sale that are not so announced prior to sale.
Consignors may agree to arrangements with prospective bidders/buyers prior to the sale which differ from these conditions. In such an event, the company shall have no responsibility in regard to any such arrangements, and the enforcement thereof shall rest solely on the parties in the agreement.
Successful bidders using the online bidding platform are accessed a $50 user fee at time of invoicing

Terms of Sale

The terms of this sale are Cash unless credit has been established with the Hoosier Classic Sale Company LLC, prior to the Sale. Credit may be extended to qualified applicants. Please contact the Sales office if you desire to make such arrangements. A credit application form is available via fax and must be completed and approved no later than seven (7) days prior to commencement of sale. The sales company will require persons making credit purchases to insure their purchases with a full mortality policy having no deductible, which names the sales company as an additional insured and as first dollar Loss Payee until such time as the full, collected payment is received.
Successful bidders using the online bidding platform are accessed a $50 user fee at time of invoicing

Sales Tax

Each horse offered for sale in this catalogue is subject to the Indiana Retail Sales Tax, which must be paid by the purchaser in addition to the purchase price, unless an ST-105 form has been properly executed and submitted to the sales office

No Warranty

There is no express or implied warranty made by the auctioneer, Hoosier Classic Sale Company LLC, the consignors or the sellers as to the merchantability or fitness for any particular purpose of any animal offered for the sale in this auction.

Mortality Insurance and Credit

All purchases made on an approved credit basis must be insured by purchaser. Hoosier Classic Sale Company LLC, is to be named as an additional insured and as first dollar Loss Payee on all insurance policies covering all horses purchased on a credit basis until credit purchases have been paid in full

Pedigree Information

Pedigree information of racing and produce record contained herein has been compiled by Standardbred Canada. This information is subject to constant change and revision and occasinally errors or omissions may occur as a result of incorrect data from others, mistakes in proceessing or other causes. Therefore, this information cannot be guaranteed as to complete and total accuracy. Standardbred Canada for itself and its successors and assigns, hereby disclaim responsibility for the consequences, if any, of such errors or omissions but would appreciate them being called to their attention.

Coggins Test

All animals in this sale have been required to be tested for equine infectious anemia (coggins test)

Parentage Authentication

All animals have been or are in the process of being blood-typed or DNA tested for parent verification. Copies of the results of fully processed blood-typing or DNA tests are available in the sales office. Should any of the results of currently unprocessed blood-typing or DNA tests prove to be negative (that is, the animal does not qualify for the catalogued parentage), the buyer shall return the yearling immediately to the consignor, the sale shall be null and void, and the consignor shall pay all costs of said return. Upon return of the yearling pursuant to this paragraph, neither the buyor nor the consignor shall have any claim against the sale company for any damages. (The obligation to return the animal is limited to nonqualifying parentage blood-typing or DNA results only.)

Announcements from the Auction Stand

In case the consignor wishes to amplify or correct any information contained in the catalogue and so advises the Company, an announcement to that effect will be made from the auction stand immediately prior to the sale of such yearling. Please pay particualr attention to such announcements, as they will take precedence over anything printed in the catalogue

Stakes Engagements

Where a consignor reports futurity or stakes engagements, a memorandum of these engagements (if any) is printed under the pedigree of each horse as reported to the Hoosier Classic Sale Company LLC. Hoosier Classic Sale Company LLC and those compiling pedigree information for the catalogue are not responsible for any errors, misstatements, or omissions in the engagements so published in the catalogue. Hoosier Classic Sale Company LLC does not and will not accept any responsibility as to the eligibility of any horse. The consignor is the responsible party for all such statements of eligibility including those statements authorized by the consignor regarding eligibility of the horse from the auctioneer on sale day. It is the consignors responsibility to bring all printed errors to the attention of the auctioneer so that any such errors any be announced and corrected. The consignor is at all times responsible for the identity of all horses consigned by him. There is no liability assumed by purchaser for any future payment in stake events. Payments may be made at purchaser's option, but must be made when due to keep the entry eligible. All payments when made are forfeits. We advise all purchasers to contact each stake sponsor to make them aware of the change of ownership and address.

Removal of Yearlings

All yearlings must be removed within four (4) hours of the conclusion of the final session. Any yearlings still on the grounds after said time may be shipped to a farm selected by the Hoosier Classic Sale Company LLC and all charges billed to the purchaser
The sale company is not responsible for shipping sold horses. All successful buyers are expected to make proper arrangements prior to sale time. The buyer and or shipper is responsible for the proper care of the horse leading up to and including shipping

Registration Certificates and Applications for Transfer

Available registration certificates and applications for transfer are procurable sale day in the sale office. Unless paid for in cash, the company will place a hold on the transfer process with the USTA for each horse until all monies have been received and processed. The hold will then be released and the transfer process with the USTA can commence

Stall Assignments

Stall assignments are listed in the Index of Consignors and at the top inside corner of each pedigree. They are listed with aisle numbers.

All viewers, registered users, & bidders assume all risk
Summit Professional Services LL & Hoosier Classic Sale Company LLC are not responsible for accidents

www.hoosierclassicyearlingsale.com

Sale Conditions

LAW The horses included herein are offered for sale according to the laws of the State of Indiana. The right to bid is reserved for all sellers in this sale unless otherwise announced at time of sale. There is no warranty inplied by auctioneer or consignor, except as set forth herein, as to the merchantability or fitness for any particular purpose of any animal offered in this sale
BIDDING PROCEDURE Unless waived by an announcement there shall be an upset price of $1,000 on each yearling entering the sale ring. If an opening bid of the upset price is not immediately forthcoming to the auctioneer’s call, the animal shall be passed out of the ring as unsold with the consignor to pay the entry fee and commission. The highest bidder shall be the buyer. The successful bidder shall forthwith sign the Purchaser Acknowledgement form; should Purchaser Acknowledgement form not be presented to him for signature prior to commencement of bidding on the next lot offered, he shall immediately identify himsalf to the auctioneer as the purchaser and sign the Purchaser Acknowledgement Agreement when presented. In the event that the Consignor or his agent bids on his own animal, the Company shall be notified within 30 minutes of the conclusion of the sales session during which the particular animal was bid in. Right of purchase of a successful bidder is not impaired in the event another party signs the Purchaser Acknowledgement form, provided that such bidder acts in accordance with this condition of sale and Sale Condition 3rd (below).
Hoosier Classic Sale Company LLC specifically reserves the right to exclude any persons whomsoever from the auction area and all premises controlled by the Company. In addition, notwithstanding any contrary provisions of these Terms and Conditions (if any), Hoosier Classic Sale Company LLC further reserves the right to refuse, to accept, to reject, or to ignore any bid(s) from any person whomsoever, even if credit has been approved if payment has been tendered or may be believed to be forthcoming. Neither exclusion of persons nor refusal, rejection, or ignoring of bids shall be based on race, sex, color, or creed. Each individual attending this auction agrees to be bound by this condition of sale
DESIGNATION OF AGENCY Persons acting as agents must file with the sales manager letters of authorization from their principal stating the agent is acting on their behalf. An individual who is the successful bidder for a horse and has not filed a letter of authorization with the Hoosier Classic Sale Company LLC becomes the purchaser of the horse, and shall be personally responsible for payment and all other conditions relating to purchasers. Because of inherent uncertainty, other representations of agency will not be recognized.
BIDDING DISPUTES Should any dispute arise between or among two or more bidders, the auctioneer shall forthwith adjudicate the dispute, and his decision shall be absolute, final and binding on all parties. Bids received after fall of the gavel are no grounds for dispute. Bids acknowledged by bid spotters engaged by the undersigned are recognized as if tendered to auctioneer, but in case of dispute the bidding on the horse may be re-opened for advance bids, and if there be no advance, the horse is sold to the person from whom the auctioneer recognized the last bid. In case of any dispute advance bidding shall be restricted to the contending parties, but should the recognized bid be reduced below the bid at commencement of dispute then the bidding is reopened to all bidders, regardless of whether or not final bid exceeds bid which was disputed. The auctioneer reserves the right to reject any or all bids
TITLE, RISK AND DELIVERY Title passes to purchaser at the fall of the auctioneer’s gavel, at which time all risk and responsibility for the animal is assumed by the purchaser. The purchaser or his agent may take care, custody and control of the animal at the fall of the auctioneer’s gavel, but such taking shall not constitute delivery of the animal. Delivery of animals will be made only after purchaser presents himself to the cashier to make settlement for the purchases. Settlement is to be made within 45 minutes of conclusion of the sale session in which the horse is sold. Provided purchaser makes satisfactory settlement a “release” form will be issued by the cashier entitling purchaser to remove horse or horses from the Sales Compound. Purchasers shall remove horses promptly after receiving Stable Release form. Feed, boarding and vanning charges will be assessed to the purchaser on all horses left in the sale barn
SETTLEMENT FOR HORSES Pay the cashier in all cases. Payment to parties other than the cashier, (including consignors or their representatives) are not recognized as settlement. Purchasers are to make settlement satisfactory to the cashier within 45 minutes of the conclusion of the sale session in which they make a purchase. Settlement is to be for the full purchase price in the form of U.S. currency, approved bank check, wired funds or traveller’s checks; unless the financial responsibility of the purchaser has been approved in advance by the cashier. Purchasers who have had a prior credit with the Company must complete a credit application. The Company reserves the right to require a letter of guarantee from a purchaser’s bank. These documents must be made available to the Company no later than seven (7) days prior to the commencement of the sale. Purchasers whose financial responsibility have been approved for this sale shall pay in full for their purchases within 15 days of the date of the last session of this sale, failing which Hoosier Classic Sale Company LLC may in its sole and absolute discretion declare the purchaser in default. Any lots not paid for in full 15 days after the sale may be subject to a finance charge of one and one-half percent (1-1/2%) per month from the day of the sale. Approval or disapproval of financial responsibility shall be within the sole discretion of Hoosier Classic Sale Company LLC and bidders are cautioned that approval at prior sales does not constitute approval for this sale. To avoid misunderstanding, purchasers must obtain approval of financial responsibility by the cashier prior to the sale. Successful bidders using the online bidding platform are accessed a $50 user fee at time of invoicing
DEFAULT Purchasers who fail in any respect to pay for horses as provided in Sale Condition 5th (above) may be declared in default. Any horse purchased by a defaulter may be resold by the undersigned at public or private sale, without notice, for the purchaser’s account, costs of such resale to be borne by the defaulter. Should such resale fail to satisfy the defaulter’s account in full, defaulter shall pay forthwith to Hoosier Classic Sale Company LLC the amount owed including finance charges set forth in Condition 6th (above) failing which Hoosier Classic Sale Company LLC may bring suit against the defaulter and should Hoosier Classic Sale Company LLC prevail, defaulter shall pay all reasonable attorney fees and costs of litigation. If a horse is put up for auction a second time, owing to the dereliction of a bidder, the horse will be sold by the auctioneer at his discretion and the derelict bidder will be liable for any shortfall in price between the first and second sale, and any other liabilities specified by law. In addition, prior to such second sale, the Hoosier Classic Sale Company LLC may require the derelict bidder to post the first purchase price as a security for the second sale. This procedure shall be followed for any additional subsequent sale of the horse
WARRANTIES, SOUNDNESS Unless otherwise expressly announced at the time of sale there is no guarantee of any kind as to the soundness of condition or other quality of any horse sold in this sale except that horses which are unsound in eyes or are “cribbers” must be so announced. In addition, any mare which is spayed must be so announced at sale time. Any animal sold in this sale which is described at time of sale as a colt and does not at such time have two testes descended to the scrotum, or is described at time of sale as a gelding and is at such time a colt or ridgeling shall be subject to return to the consignor as provided for in Sale Condition 9th (below)
RIGHT OF RETURN Any horse sold in this sale whose condition must be announced at sale time as provided in Sale Condition 8th (above) and is not so announced, shall be subject to return to the consignor with refund of purchase price and reimbursement for all legitimate expenses incurred on behalf of the horse from the fall of the auctioneer’s gavel, provided that immediately on learning of such defect the buyer notifies Hoosier Classic Sale Company LLC in writing with supporting veterinary certificate as to the defect attached, such notification to be received by Hoosier Classic Sale Company LLC within 96 hours of the start of the session in which the animal in question was sold. Legitimate expenses as mentioned above include such items as vet charges, vanning and boarding. In the event of a question or dispute arising under the terms of this Sale Condition, Hoosier Classic Sale Company LLC reserves the right to appoint an impartial veterinarian to examine the animal in question and his decision shall be binding on all parties concerned
REGISTRATION CERTIFICATES - CONSIGNOR The registration certificate for each animal sold must be furnished by the consignor prior to the date of the sale. Hoosier Classic Sale Company LLC will withhold settlement from all sales until registration certificates have been delivered, unless the purchaser agrees in writing to accept the animal without its papers
REGISTRATION CERTIFICATES AND APPLICATIONS FOR TRANSFER Available registration certificates and applications for transfer are procurable sale day in the sale office. Unless paid for in cash, the company will place a hold on the transfer process with the USTA for each horse until all monies have been received and processed. The hold will then be released and the transfer process with the USTA can commence
CATALOG AND ANNOUNCEMENTS Hoosier Classic Sale Company LLC acts as agent only in the sale of horses and shall endeavor to protect the interest of both purchaser and consignor. Hoosier Classic Sale Company LLC is not responsible for statements made in this catalogue or from the auction stand concerning yearlings listed herein for sale. All such statements are the responsibility of the consignor, who is solely liable for them. In the event of announcements which are made by the auctioneer from the auction stand that are inconsistent with the information contained in the catalogue, such announcements shall be deemed to supersede and replace the information in the catalogue. Consignors are to give notice to Standardbred Canada when consigning a yearling advising if any genetic material has been harvested from said yearling and Standardbred Canada reserves the right to state the fact in the catalogue

HOOSIER CLASSIC SALE COMPANY LLC

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