Terms & Conditions
All livestock offered for sale is done so in accordance with the laws of the State of Texas of Texas. Prospective buyers are advised to examine horses thoroughly prior to purchasing.
Owner warrants the correct identity and title to each animal free from all adverse claims to ownership, use or possession, and agrees to defend title against any claim.
Seller warrants title and will disclose all known defects, lameness or faults before time of bidding begins. There is no guarantee of any kind as to the soundness or condition or any other quality of any horse sold except in the case where the owner makes a specific guarantee. In such case, the guarantee is strictly by the owner and not by the Bowie Livestock Sale Barn. Right of recourse must be directly to the owner and not through the Bowie Livestock Sale Barn.
ALL vices, defects, and deformities, irregularities, blemishes, or unsoundness of any kind MUST be announced prior to the horse selling. Cribbers, weavers, horses of unsound eyes and wind, cryptorchidic, monorchidic, ridgling, parrot mouth, has had major surgery or a serious illness and horses that have foundered prior to the sale, nerved or have lameness due to navicular disorder, joint or other bone abnormality, or a neurological disorder such as EPM or wobbles MUST be disclosed prior to the horse being sold. If a horse is sold with a condition that was not disclosed at the time of sale, buyer has the right of return within 72 hours of the time of sale, with all the expenses going to the cosigner.
Buyers have the right, at their expense, to have an on-site routine veterinary examination performed by a mutually agreed upon veterinarian on any horse prior to the sale.
Every reasonable effort has been made to assure correctness of the information printed in the sale catalog. However, as each horse enters the sale arena all participants are cautioned to pay close attention to the announcements made during the sale regarding changes in or additional information from that found in the sale catalog, as such announcements take precedence over the catalog printed material. The catalog and warranty information in the auctions process is provided by and is the sole responsibility of the owner. It is also the owner’s responsibility to make certain that only correct statements are made public before or while the horse is in the auction arena.
The person making the highest bid recognized by the Auctioneer shall be the buyer. If the highest bidder fails to comply with the Conditions of Sale or in the event of a mistake by the Auctioneer, Auctioneer reserves the option to resell the animal and such resale shall terminate all obligations of Auctioneer and the Owner to honor any prior bid.
If a dispute arises between two or more bidders, the horse shall immediately be offered for advance bids solely between those bidders. If there is no advance, the horse shall be sold to the bidder from whom the auctioneer recognized the last bid.
The Auctioneer has the right to decline any bids made by parties who have defaulted in former purchases, or by persons, who in his judgement are not responsible bidders.
Title passes from owner to buyer at the fall of the auctioneer’s gravel. Risk of loss, responsibility, maintenance, care, and expenses for the horse sold move immediately from the seller to the buyer at passing of title. This shall especially be the condition in the case of illness, injury or death of any horse after it has been sold.
In the event of a return of a horse to owner in accordance with the Terms and Conditions of Sale, all risks of loss, injury, sickness, disease, maintenance and expenses pertaining to the horse pass back to the owner.
Settlement of account for any purchase shall be made directly to the sales cashier by the buyer and is to be paid in full on the day of the sale. The terms of the sale are cash (US funds only) and payment is be made in full on the day of sale. Methods of payment shall be cash, cashier’s check, personalized bank checks which has been verified and approved in advance by officials of BOWIE SALE BARN, Debit or credit card with a 3 percent surcharge added to all debit or credit card payments. No postdated checks will be accepted. Foreign buyers MUST pay with U.S. cash currency or preapproved personalized bank checks from a U.S bank
Driver’s license or other forms of positive identification are required for buyer registration and personal checks. NO delivery of title will be made until final settlement has been transacted. Upon payment by the buyer to the sale cashier, the cashier will issue a document to the buyer which will release the horse from the auction grounds.
BOWIE LIVESTOCK SALE BARN or any representative thereof, does not act as agent for or represent the buyer or seller, but only provides a medium for bringing together the buyer and seller for the purpose of a sales transaction. There is no implied or expressed warranty made by the BOWIE SALE BARN, or any representative thereof, as to the marketability or suitability of any horse for a particular purpose. Further, BOWIE LIVE STOCK SALE BARN, or any representative therefor, does not assume or accept any responsibility or liability for errors or commissions, or for any statements, either verbal or written, regarding anything sold.
Any dispute, controversy, difference or other matter in question arising out of a claim pertaining to warranties shall be settled by arbitration between the buyer and the seller pursuant to the following procedure. Upon the Auctioneer’s determination that a claim under such Terms and Conditions of sale has been timely and properly presented by the buyer pursuant to these Terms and Conditions of Sale, and upon notice from the Auctioneer, the buyer and owner shall each select a licensed veterinarian. If such veterinarian fails to agree promptly to the validity of the claim, they or the buyer and owner involved in the controversy, shall agree upon a third licensed veterinarian. The third veterinarian fee, expenses and costs shall be paid by the party whose property the horse is determined to be. The panel of three veterinarians shall conduct any tests investigation or examinations which they deem necessary, and may, in their discretion conduct a hearing by notifying the Auctioneer to arrange for the hearing, and shall by majority vote, determine the validity of the claim.
ALL PAPERWORK MUST BE COMPLETE AND PRESENTED TO THE SALE OFFICE. All original registration papers, signed transfers, breeder’s certificates, current coggins test and health papers (if applicable) must be in the sale office prior to your horse entering the sale arena. If paperwork is not complete, the horse will not be sold and appropriate fees will be charged to the consigner. YOU ARE RESPONSIBLE FOR THE ACCURACY OF YOUR HORSES CATALOG ENTRY. PLEASE VERIFY sire, dam and any and all information pertaining to your horse. Report any errors to the sale office or auction block prior to the time of sale of your horse to ensure proper announcements are made. Hip numbers and stall assignments are assigned by the sale company and cannot be changed by the consigner. Do not remove hip numbers from horses once they have been applied. All horses offered for sale must have a current (6 months old or less) negative coggins test. Any horse offered for sale that has traveled from a state other than Texas must also have a health paper dated no more than 10 days prior to the sale. All vices, defects, and deformities, such as cribbing, weaving, parrot mouth, proud cut gelding cryptorchidic etc., MUST be announced prior to the horse selling. Buyer has the right of return with all expenses incurred going to the cosigner, if the horse purchased was not properly disclosed as having such condition.
Please register at the sale office for a BUYER NUMBER. Carefully read the TERMS AND CONDITIONS OF SALE for this auction thoroughly inspect any horse of interest prior to bidding Listen carefully to all announcements made from auction block Horses become the buyer’s responsibility at the fall of the hammer.
To remove a horse from the sale grounds you must obtain a release from the sale office. Please confirm that the release represents the correct hip number. Be sure to give the release to the person ultimately responsible for removing your horse from the sale grounds.