CONSIGNMENT CONTRACT • THE CONGRESS SUPER SALE

Equine Auction Exchange & Ohio Quarter Horse Association.
Please read, sign at the bottom of the Consignment Form and retain this portion of the Consignment Contract for your records

  1. Equine Auction Exchange (hereinafter referred to as EAE) is providing management services to the Ohio Quarter Horse Association (hereinafter referred to as OQHA) for the Congress Super Sale, to be held in conjunction with the Ohio Quarter Horse Association’s All American Quarter Horse Congress.
  2. I, the undersigned, do hereby agree to the terms and conditions set forth below, and do further swear that all the information furnished regarding this consignment is true and correct to the best of my knowledge, and I do hereby further agree, and covenant, and specifically warrant, unto EAE, OQHA, and also unto any subsequent purchasers that I do have absolute and complete title to the consignment listed on the consignment form portion of this contract. I further warrant that any signature or information given on any document pertaining to this consignment is proper and correct.
  3. I do hereby release and indemnify EAE, OQHA, Sale Managers, Auctioneers, employees and representatives thereof, from any and all responsibilities, liabilities, obligations, claims, law suits, or legal proceedings arising from the sale of this consignment.
  4. I agree to pay EAE a consignment fee of $650 for each horse accepted for the sale, plus any additional options I select, which may include a Photo Page in the Sale Catalog, described on the front of this contract which will hereinafter be referred to as the Full Consignment Fee. Further I agree to pay OQHA a sale commission of 7.5% of the final bid or selling price for any horse sold through the sale ring or as a result of the auction. If my horse is not sold as a result of the auction I agree to pay a RNA/No Sale fee of 7.50%of the final auction price as well as any applicable Buyers’ Premium regardless of whether I bid on the horse or have a proxy or agent do it for me. These fees are in addition to the consignment fee. I agree that EAE or OQHA shall deduct and retain the sale commission and balance of consignment fee, if any, from my account before distributing proceeds to me. In the event there is a deficit in my account, I agree to pay OQHA the balance due immediately.
  5. The horse will be sold to the highest bidder. I agree that if I do not want to sell this horse for the bid price or I want to “buy back”, “repurchase”, or “No Sale” the horse, then I, or my representative, must make the last bid and sign the Acknowledgment Of Purchase. A No Sale Commission of the final bid will apply to a buy back or repurchase along with any applicable Buyers’ Premium. I agree that EAE or OQHA may publish the name of the final bidder. There shall be an upset price of $1000.00 on any horse offered. If an opening bid of the upset price is not received the horse shall be led out as unsold and the consignment fee will be retained.
  6. The Full Consignment Fee is non-refundable and is considered to be earned once the horse has been accepted for the sale. This consignment contract is not I agree that I will not withdraw any horse consigned, unless the withdrawal is accompanied by a veterinarian’s certificate acceptable to EAE, in which case withdrawal shall be permitted at no additional charge, other than forfeiture of the Full Consignment Fee. The veterinarian’s statement should be specific as to the nature of the horse’s problem.
  7. In the event that a consignment is withdrawn from the sale for any reason that is not in accordance with condition 6, I agree to pay OQHA liquidated damages in addition to the Full Consignment Liquidated damages shall be the greater of $1,500.00 or $750 plus 7.5% of either (a) the actual selling price of the consignment as verified with the buyer, or (b) in the event actual selling price is not provided to EAE within 10 days of the withdrawal, the value of the consignment as determined by EAE. All Liquidated damages shall be in addition to the consignment fee and photo fee. Furthermore, in the event I privately sell any horse on the date of the sale, after the horse is on the sale grounds, and not offer the horse through the sale ring, I agree to pay EAE the Full Consignment Fee, any other fees plus 7.50% seller commission plus 7.50% buyer’s premium of the selling price.
  8. All registration certificates, transfers, transfer fees, stallion service certificates, and/or consignment fees must accompany this consignment form and all must be signed by the owner or legal agent thereof. Registration must be complete on all horses. I warrant that any registration certificates, registration applications for foals at mare’s side, transfers or breeding reports are correct and free of any question or action by the applicable breed registry. I agree that EAE and OQHA may withhold any monies due me until all registration certificates, transfers, breeders certificates and other required documents are delivered to EAE. All back transfer fees will be paid by the Seller. All transfers will be filled out in their entirety according to the rules and regulations of AQHA. All Thoroughbred Mares must be properly registered with AQHA and have an AQHA Transfer.
  1. ALL foals MUST BE Registered.
  2. In the event a purchaser fails to sign the Acknowledgement of Purchase or pay for and receive a horse marked as sold to them as winning bidder, EAE and OQHA shall not be held liable for said sale, but shall have the right to accept the same amount from another person, accept the next highest bid, put the horse up for sale a second time or retain it for the Seller as unsold. EAE and OQHA shall not be held liable for any deficit in the resale price. In the case where a horse is not paid for in full, or should conditions make immediate resale impossible or impractical, the Seller agrees to receive the horse back as unsold without attaching any liability to EAE or OQHA. This condition includes the case where a horse has been removed from the grounds by the buyer and payment has been stopped on a check or draft, a check has been returned for insufficient funds, closed account, any sort of check fraud or the like.
  1. EAE and OQHA AGREE TO MAIL CHECKS TO CURRENT OWNERS FOR THEIR CONSIGNMENTS NOT EARLIER THAN FIVE (5) DAYS NOR LATER THAN FOURTEEN (14) BANKING DAYS FROM THE DATE OF THE SALE providing all necessary and required documents are in order and that horses have been paid for in full and funds have cleared bank of EAE or that no dispute has arisen from the sale of said horse(s). I agree that if the sale of any horse is not consummated by reason of default of the buyer or otherwise, EAE or OQHA shall not be liable for the payment or collection of the purchase price or for the return of the consigned horse. The sole obligation of EAE and/or OQHA shall be to assist me in the collection of the purchase price of the horse, recovery of the horse or re-sale of the horse at the sale or by private sale. I understand that EAE and OQHA do not guarantee the validity, enforceability, payment or collection of any instrument received in payment of the purchase price of any animal.
  1. I agree that EAE and OQHA shall not be required to remit to me the net proceeds of the sale of any horse which is the subject of a dispute or claim by the buyer, for a serious soundness issue or defect, which may have existed prior to the sale, misrepresentation, fraud or breach of warranty, until such dispute or claim is resolved and the proceeds of the sale have been received by EAE. The responsibility to resolve such a claim lies between the Seller and the Buyer. Notwithstanding any other provision hereof, should a dispute arise between the Seller and the Buyer, EAE and OQHA may retain the sale fees and costs and may escrow or interplead into Court the balance of any proceeds of sale in its possession, as well as any titles or papers, pending a resolution of the dispute. Any and all legal fees and costs incurred by EAE or OQHA may be deducted from the net proceeds of sale still in their possession. Otherwise, the Seller and Buyer shall be jointly and severally liable for the same upon demand.
  1. I agree that I am responsible for the correct representation of this horse in the owner’s statement in the catalog, additional announcements at the sale and in conversation with potential or eventual buyers. Representations may include, but are not limited to training, disposition, soundness for the advertised purpose, vices, height, etc. I agree that I have a continuing duty to respond to the buyer, after the sale, in the event of a dispute over my representation of this horse until any dispute is resolved. I understand that I may be subject to Condition 12 if the buyer makes a dispute or claim as stated in that Condition.
  1. I agree to notify EAE, in writing or by email, of any irregularities, blemishes, unsoundness or defects of any kind, including altered tails, prior to the sale and hereby authorize EAE, the Auctioneer or Announcer to print in the catalog or announce such irregularities, blemishes, unsoundness or defects before the horse is A veterinarian’s statement explaining the defect should accompany notification to EAE. I agree to accept the return of the horse as unsold if it is determined to be unsound for the advertised purpose by a qualified veterinarian within 12 hours of the start of the session in which the horse sells and before the horse leaves the sale grounds. The following conditions MUST BE DISCLOSED in the sale catalog or by announcement before the horse is sold: cribbers, weavers, horses unsound of eyes or wind, crypt-orchid, monorchid, ridgling, parrot mouth or monkey mouth condition, has an altered tail, has had major surgery or a serious illness, and horses that have been foundered prior to this sale, nerved or have a lameness due to navicular disorder, has received joint injections for lameness or maintenance, osteoarthritis of a joint or other bone abnormality, or a neurological disorder, including but not limited to, EPM. A horse sold with one or more of these conditions, that was not disclosed at the time of sale, can be rejected by the Buyer and returned at the Seller’s expense, provided that EAE has been notified by a written statement from a qualified veterinarian, that identifies the condition, within five (5) days of the date of the sale. I further agree that said horse is not suffering from any contagious or infectious diseases and has not been given drugs to alter soundness or temperament. I agree that I must disclose if any drug or medication is being administered to this horse for the maintenance of any condition
  1. As to a horse descended from the stallion IMPRESSIVE, AQHA Registration 0767246, (a.) A horse which has been tested for HYPP (Hyperkalemic Periodic Paralysis) at an approved lab, or HYPP status has been noted on the AQHA registration certificate, the results of such test or status, either positive or negative, shall be conspicuously noted in the sale catalog, along with other information concerning this particular horse. A copy of the test report MUST accompany this consignment form. (b.) A horse which has not been tested, the designation “Not tested for HYPP” (Hyperkalemic Periodic Paralysis) shall be conspicuously noted in the sale catalog, along with other information concerning this particular horse. (c.) A horse which the Seller has reported test results and does not provide a copy of the test results or designation on the registration certificate, the designation “No Verification Furnished” (Hyperkalemic Periodic Paralysis) shall be conspicuously noted in the sale catalog, along with other information concerning this particular horse. THESE DESIGNATIONS WILL ONLY APPLY TO HORSES DESCENDED FROM THE STALLION IMPRESSIVE.
  1. All broodmares must be accompanied by a certificate of a veterinarian’s examination within ten (10) days prior to the date of the sale for pregnancy status or breeding condition or they will be checked by the sale veterinarian at the sale at the Seller’s expense. The certificate should state:
    • in foal, in the opinion of the examining veterinarian, based on manual examination within 10 (ten) days prior to the date of the sale,
    • barren or not bred and apparently free of infectious vaginal diseases or obvious breeding unsoundness in the opinion of the examining veterinarian. If a mare is known to be carrying twins, it must be disclosed. For mares selling with a live foal guarantee or return privileges, the seller must furnish the Sales Management with written acknowledgment of this agreement signed by the stallion owner (or authorized agent) that such privileges will be honored. If the breeder’s certificate is withheld by the stallion owner until the foal is born, Seller must furnish a letter, signed by the stallion owner (or authorized agent), that such certificate is free of any additional cost and indicate how the mare owner should obtain the certificate. This letter MUST include: Stallion Owner’s Name, Complete Address and Contact information; Name of Stallion with Registration # and Name of Dam with Registration #; and Breeding Dates.
  2. I understand and agree that EAE and OQHA do not assume any liability for injury or unforeseen illness to any horse listed and consigned to it for In the event of injury or illness, and I cannot be notified, where EAE deems a veterinarian should be called to care for or treat any of the horses, I agree to pay for said care and for any unusual or unforeseen expenditures in connection with said care and treatment. I further agree to indemnify and hold harmless EAE and OQHA from any and all costs incurred therein.
  3. A NEW halter must accompany each horse The new halter must be left with the horse for the buyer.
  4. It is understood that my consignment will be present at the sale premises not later than 9:00 a.m. the day before the auction.
  5. I agree that EAE and OQHA reserve the right (1) to reject any consignment, (2) to assign stabling facilities as it sees fit (3) determine the order of sale (4) subject animals to examination by appointed veterinarian prior to sale, and will be sold on his findings (5) refuse the right to sell any horse found to be in unsatisfactory condition or unsound (consignment fee will be forfeited) (6) to edit, correct, or add to the footnotes that I have furnished regarding this consignment and (7) to change the time, place or date of this sale should any unforeseen circumstances necessitate such a change.
  6. EACH HORSE MUST HAVE AN ORIGINAL (official laboratory certificate) NEGATIVE COGGINS REPORT DATED WITHIN 12 MONTHS OF THE SALE DATE and an INTERSTATE HEALTH CERTIFICATE DATED WITHIN 30 DAYS OF THE SALE DATE. These reports must be in the Sale Manager’s possession prior to the sale. All Original (official laboratory certificate) Negative Coggins must have all markings correctly described and drawn on the certificate, with the registered name of the horse, for International Shipment of Horses.
  1. The Conditions of Sale as listed in the catalog are hereby incorporated by reference and made a part hereof as though set forth herein.
  2. EAE and OQHA, or any of their employees or representatives shall not be held responsible for any accident that may occur to horses, or equipment, or for loss by fire, theft, or injury, or for injury or death to any human or horse in any way or manner.
  3. The laws of the State of Ohio will govern this contract.
  4. The Congress Sale Stakes classes will show according to rules stated by OQHA.
  5. No political advertising or campaigning of any kind will be tolerated within the auction or auction display This includes signage of all kinds. Failure to comply may result in removal from the auction without refund.

I have read the above conditions and accept them.

Furthermore, I agree to abide by all other established conditions of sale under which EAE conducts its business.

PLEASE SIGN THIS CONSIGNMENT FORM

and retain a copy of this portion of the contract for your records.

Sign x ___________________________________