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MIDWEST MIXED SALE - Forms
MIDWEST MIXED SALE - Terms
Buyer Terms and Conditions
This sale is governed by these Terms and Conditions, Sellers’ Contracts and Announcements. All prospective Sellers, Bidders and Buyers as well as all other interested parties are bound by all the provisions of the Terms and Conditions set forth below. Making a bid is evidence of your acceptance of and agreement to these Terms and Conditions, Sellers’ Contracts and Announcements:
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. All horses are sold AS IS. If you are not willing to accept all conditions and defects and hold the Midwest Auction Company (“Sale Company”) harmless, please do not bid. Any arrangements made between consignors and prospective bidders and/or buyers shall rest solely between those parties and the Sale Company shall not be liable or involved.
a) CASH – Unless the Sale Company has authorized other terms in writing, all sales are for cash (USD currency, wire transfer, cashier’s or certified check). Payment must be made within forty-five (45) minutes after the fall of the hammer. Pay the Sales Company cashier in all cases. In no event should any part of the purchase money be paid by the purchaser directly to the consignor or any other person. No part of any payment made by the purchaser to the consignor or any other person will be credited to the purchase price and consequently no such payment will entitle the purchaser to obtain any horses. Any purchaser requesting that another party be billed in connection with a purchase shall remain liable for the full purchase price until the purchase has been fully paid for.
b) CREDIT – In certain cases, credit may be extended by the Sale Company to the buying party. Credit is extended at the sole discretion of the Sale Company and must be established each year, regardless of whether credit was extended at previous sales. Purchasers who have had credit with the Sales Company must complete a credit application. The Sale Company reserves the right to require a letter of guarantee from a purchaser’s bank or financial institution. These documents must be made available to the Sale 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 fifteen (15) days of the date of the last session of the sale. The Sale Company may at its sole discretion declare any bidder in default that does not settle an account within fifteen (15) days. Any accounts not paid in full within fifteen (15) days of the end of the sale are subject to a finance charge of one and one-half percent (1 1/2%) per month compounded monthly. All bidders are warned that CREDIT APPROVAL AT PRIOR SALES DOES NOT MEAN YOU ARE APPROVED FOR CREDIT AT THIS SALE, YOU MUST CHECK WITH THE SALE MANAGER FIRST. In the event legal action is required to collect past due amounts, all expenses of such action, including attorney fees, shall also be the obligation of purchaser and shall be added to his account. The Sale Company reserves the right at its sole and final discretion, which shall be final and binding upon all parties, to (1) refuse to extend credit, or (2) refuse the opportunity to bid or refuse to accept the bid of anyone who has not established credit, or (3) require either collected funds to be on deposit with the Sale Company or an irrevocable letter of credit acceptable to the Sale Company. No registration papers will be released until the purchaser’s account, including all purchases, has been paid in full.
i) INSURANCE – All purchases made on credit must be insured by purchaser for the full amount of the purchase price with no deductible, on a full mortality basis, premium paid, for the benefit of MIDWEST AUCTION COMPANY, LLC. Accordingly, the Sale Company shall be named loss payee on all insurance policies required by this subparagraph until the insured horses have been paid for in full. The policies shall provide for not less than thirty (30) days’ advance written notice in the event of cancellation or any amendment. Purchaser hereby appoints the Sale Company as its attorney in fact to endorse any draft for proceeds thereof on purchaser’s behalf. The Sale Company will not release the order for delivery of the horse until evidence of this insurance is delivered to the cashier.
ii) CONSIGNOR GRANTED CREDIT – If a purchaser and consignor make their own credit arrangement, it is their shared responsibility to present written confirmation of this arrangement, signed by the consignor and buyer, to the Sale Company. The Sale Company must have an executed copy of the written agreement before the conclusion of the sale or the shipping order and release of the horse will not be granted. The Sale Company shall have no responsibility nor be held liable regarding enforcement of separate purchaser-consignor agreements.
iii) DEFAULT – Purchasers who fail in any respect to pay for purchases as provided in these Terms and Conditions will be declared in default. The purchaser, by execution of the sale slip after the fall of the auctioneer’s hammer, agrees that the Sale Company or Sale Company’s appointed representative may appear in court for purchaser and confess judgment against purchaser in favor of the Sale Company for the amount due plus costs, including but not limited to attorney fees, and the purchaser hereby irrevocably appoints the Sale Company as attorney in fact to execute on purchaser’s behalf any document, including a USTA transfer slip, for transfer of ownership and/or registration of the purchased horse to the Sale Company or its designee. By so agreeing, purchaser authorizes the Sale Company to obtain a judgment against purchaser or transfer the purchased horse without purchaser’s prior knowledge or consent and without an opportunity to raise any defense, set-off, or counterclaim. In the event that the Sale Company brings any collection action against purchaser arising from this transaction, purchaser agrees to pay all cost incurred by the Sale Company as a result of such collection action. All court dealings will be done in Indiana under the terms of Indiana state law. Any horse purchased by a defaulter may be repossessed and resold by the Sale Company at public or private sale, without notice, to satisfy the balance of the purchaser’s account. All costs associated with resale shall be added to the purchaser’s account. Should such resale fail to satisfy the defaulter’s account in full, defaulter shall pay forthwith to the Sale Company the amount owed including finance charges.
iv) SECURITY AGREEMENT – All extensions of credit are on a secured basis. Execution of the sale slip by the purchaser evidences purchaser’s agreement to attachment of a purchase money security interest in and lien upon the horse purchased, its USTA certificate of registration, any applicable stallion mating certificate, and any products and proceeds of the horse or certificates, in favor of the Sale Company to secure payment of all amounts due hereunder. Purchaser acknowledges the Sale Company’s right to exercise any rights and remedies of a secured party under the Uniform Commercial Code, including the rights to repossess and to resell the horse. In addition, purchaser hereby appoints the Sale Company as attorney-in-fact to prepare, execute, and file any financing statements or other documents necessary to perfect or enforce the security interest created herein.
PAYMENT TERMS (CONT’)
c) CHECKS – Payable in US FUNDS ONLY. Personal checks will only be accepted at the sole discretion of the Sale Company. No postdated checks will be accepted as payment. The Sale Company strongly suggests corporate/business checks and not personal checks. Any costs and expenses associated with returned or non-sufficient funds checks will be added to the purchaser’s account.
i) Exchange Rates. All purchases are to be paid in US Funds. Foreign currency is subject to discount as exchange rates fluctuate. In the unlikely event the Sale Company agrees to accept payment in non-US currency, it reserves the right to collect any shortfall or conversions fees.
d) SALES TAX – Each horse offered for sale by the Midwest Auction Company, LLC is subject to Indiana Retail Sales Tax. This tax must be paid by the purchaser in addition to the purchase price, unless a valid, applicable and properly executed Indiana Department of Revenue General Sales Tax Exemption Certificate (form ST-105) is on file with the Sale Company.
e) RELEASE/REMOVAL OF PURCHASES – Upon payment in full or written approval of credit signed by the sale manager, the cashier will issue a release ticket. This ticket must be presented to the barn manager and again at the exit gate to confirm removal of purchases. All purchases must be removed by the purchaser by 10:00pm the day of the final session of the sale. Failure to remove horses will authorize the Sale Company to access a fee at its sole discretion.
f) REGISTRATION PAPERS – Once a horse is entered in the Midwest Mixed Sale and hard copy registration papers are submitted to the Sale Company, USTA registration papers will be in the possession of the USTA and the horse becomes “paperless”. The Sale Company will place a “Hold” with the USTA on any transfer of ownership for a minimum of 30 days unless payment is made in US Funds in full at the sale for all purchases made the purchaser in cash, wire transfer or cashier’s check. If credit is extended to purchaser at the sale, after payment for purchaser’s full account has been received by the Sale Company and has cleared, the Sale Company will release the USTA “Hold” authorizing the transfer of ownership. If purchaser buys a whole or part interest in one or more horses at the sale (whether through individual or entity capacity), no “Holds” will be released until payment for all interests in horses purchased by purchaser has been received.
BIDS AND BIDDING:
a) MINIMUM BID – Unless waived by an announcement there shall be a minimum bid or “upset price” of $1,000 on each horse in 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 minimum commission as agreed to in the Consignor’s Terms and Conditions. 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 himself 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 Acknowledgment form, provided that such bidder acts in accordance with this condition of sale and has an approved Authorization of Agent form on file with the sale company.
b) EXCLUSION – Midwest Auction Company 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), Midwest Auction Company 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 bids shall be based on race, ex, color or creed. Each individual attending this or any auction operated by Midwest Auction Company agrees to be bound by this condition of sale.
c) DESIGNATION OF AGENCY – Persons acting as agents must file with the Sales Manager an Authorization of Agent form from their principal stating the agent is acting on their behalf. The Midwest Auction Company reserves to right to approve or reject the Authorization of Agent request. An individual who is the successful bidder for a horse and has not filed a letter of authorization with Midwest Auction Company 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. Should the principal that the agent is representing not be able to comply with all stated Terms and Conditions of sale, whether that be a lack of sale company approved credit or lack of adequate funds to make settlement for the full purchase price, the agent signing the Purchaser Acknowledgement form shall be personally liable for full and immediate settlement.
d) 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 the 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 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 has disputed. The auctioneer reserves the right to reject any or all bids.
e) 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 facility. Purchasers shall remove all horses promptly after receiving the “release” form. Feed, boarding and any transportation charges shall be assessed to the purchaser on all horses left in the sales facility.
RIGHT OF RETURN/THIRD-PARTY – All purchasers shall fully inspect each horse that they purchase immediately after the fall of the gavel. If any condition, alleged warranty, or representation is challenged, other than a matter relating to a gelding, ridgling or cryptorchid covered in “Terms of Sale” below, the matter must immediately be reported to the Sale Manager who shall have the sole right of appointing a third-party person to make examination to determine whether any such condition, alleged warranty, or representation has been breached. The decision of the third-party so appointed (and no other) shall be binding upon both the Consignor and the Purchaser. The Company shall incur no liability from either party due to such decision. Thereafter, and in no event after the conclusion of the sale session at which the horse was sold, no other condition, alleged representation, or warranty may be challenged. Purchasers that fail or refuse to inspect their purchase for any reason, including a lack of opportunity for inspection, purchase the horse at their own risk. In all cases of disputes, purchaser shall deposit the third-party’s fee with the sales office. If the decision is in the consignor’s favor, purchaser must pay the third-party’s fee. If the decision is in purchaser’s favor, consignor must take back his horse and pay the third-party’s fee and the Company’s contractual charges on the sale.
WARRANTIES AND SOUNDNESS:
a) TERMS OF SALE – All horses are sold “as is” with all existing conditions and defects except
that any equine sold in this sale which is catalogued as a colt and not otherwise announced by the time
of sale, and is a gelding, ridgling, or cryptorchid shall be returnable to consignor with refund of the
purchase price if Midwest Auction Company receives a written veterinary certificate to that effect within 48 hours after the start of the session in which the animal in question was sold. If consignor’s veterinarian disagrees with the finding in purchaser’s veterinary certificate, the third-party procedure provided above in “RIGHT OF RETURN” shall apply. This shall be purchaser’s sole remedy in colt/ridgling/gelding/cryptorchid disputes. Purchasers acknowledge that the physical condition of horses is subject to change on a daily basis and, therefore, that time is of the essence. Failure to comply strictly with the notice and time requirements stated here will disallow purchaser’s ability to use this procedure. THERE ARE NO WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, WITH RESPECT TO THE
FITNESS FOR ANY PARTICULAR PURPOSE, CONDITION, QUALITY OR DURABILITY OF ANY HORSES PRESENTED FOR SALE.
b) LIABILITY OF SALES COMPANY – The Company neither assumes nor bears any responsibility to any bidder for the accuracy of any statement of fact or opinion appearing in this catalog or made by the auctioneer in reference to any horse. All such matters are the sole responsibility of the person or persons consigning the horse to the sale. The Company makes no representation or warranty with respect to the fitness of a particular purpose, condition, quality, durability, breeding or foaling date, soundness, identity, medications, veterinary history, or any other quality or characteristic of any horse. Ages, heights, marks, speed, and other information of that character are provided to the Company by consignor, should be recognized as approximations, and the Company does not guarantee them. Bidders should examine horses for themselves since the catalog statement may be in error. It is the consignor’s responsibility to bring all printed errors to the attention of the auctioneer so that any such errors may be announced and corrected. The consignor is at all times responsible for the identity of all horses consigned by him. Corrections of typographical or any other errors appearing in this catalog by the auctioneer take precedence over the printed matter in the catalog. If an error applies to a portion of a consignment generally, the auctioneer may make one announcement when the affected portion begins to sell, and the correction shall apply to the entire portion. Any dispute concerning any of the above matters shall be resolved between the consignor and the successful bidder only and the Company shall not be made a party thereto.
c) FEMALE HORSES – All broodmares are sold with service fees paid and with no rights to refunds of service fees or return booking guarantees unless specified by consignor in this catalog or announced by the auctioneer at the time of sale. The Company makes no representation or warranty regarding the suitability for breeding of any horse or the in-foal status of any broodmare. Any examination made or information posted regarding suitability for breeding or in-foal status is consignor’s sole responsibility.
d) ENGAGEMENTS/ELIGIBILITY – Where consignor makes a statement regarding stakes engagements or a horse’s eligibility, Company is not responsible for any errors, misstatements, or omissions in the engagements so published in the catalog or stated otherwise by any other means by the consignor. The consignor is the responsible party for all such statements of eligibility. Purchaser assumes no liability for future payment in stakes events. Payments may be made at purchaser’s option but must be made when due to keep the entry eligible.
If the Midwest Auction Company elects, in its sole discretion, any controversy or claim arising out of or
relating to a sale hereunder must be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and the award so rendered by the arbitrator may be entered as a judgment in any court having jurisdiction thereof. If the Company involuntarily becomes a party to litigation among consignors, bidders, or other claimants under these Terms and Conditions, the Company shall be entitled to full reimbursement of its costs, expenses, and attorney fees from the responsible person(s) or entity.
MIDWEST MIXED SALE - Truckers
Chupp Equine Transport
Doyle Horse Transport
(412) 650-6866 To and from the Meadows, PA, and OH
Jo Brooks Equine Transport
W H Ross Stable
(954) 415-0018 Ships all east cost
R L Polese, Inc. Horse Transportation
(914)318-6523 (845)239-1286 Shipping horses to and from Ohio and points east
Stone Hollow Farm, LLC
(518)435-5909 NorthEast / New York / New England / Canada
MIDWEST MIXED SALE - Dates & Information
|Sale Date||Location||Address||Start Time|
|Friday, Nov. 29, 2019||Michiana Event Center||455 E Farver St, Shipshewana, IN 46565||TBA|
MIDWEST MIXED SALE - Forms
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MIDWEST MIXED SALE - Terms
Terms and Conditions
I enter the foregoing described horse in Midwest Mixed Sale in Shipshewana, Indiana to be held by Midwest Auction Company, LLC (the “Company”) on November 29, 2019, subject to the published terms and conditions of the sale appearing in the 2019 Midwest Mixed Sale sale book and terms of this contract which I have carefully read and examined, and all of which I hereby fully accept and agree to be the contract between us. I certify that I (the “Consignor”) am either the sole owner of the horse listed on this contract, or fully authorized by the owner and/or co-owners to act as agent. For the remainder of this contract, I make all representations or warranties as owner with respect to my horses or as duly authorized agent for the Owner or co-owners with respect to all agent horses:
1. Consignor must deliver the entered horse to the place of sale prior to the beginning of the day on which the horse is to be offered for sale. Company disclaims all responsibility and is hereby released from and indemnified for illness of or injury to any horse or to any person or persons or property from any cause prior, at, or subsequent to the sale. Such liability shall be and remain the sole financial responsibility of the Consignor and as such, Consignor should obtain adequate liability coverage. It is understood and agreed that the horse will be presented for sale upon the terms and conditions stated in the Sale Catalog.
2. THE COMPANY’S COMMISSION SHALL BE $250 OR 6 PERCENT OF THE LAST BID ACCEPTED BY THE AUCTIONEER OR ANNOUNCED RESERVE PRICE FOR EACH HORSE, WHICHEVER IS GREATER, SUBJECT TO THE FOLLOWING: IF ANY HORSE COVERED BY THIS CONTRACT IS ACCEPTED FOR ENTRY BUT NOT PRESENTED FOR SALE FOR ANY REASON OTHER THAN THOSE EXPRESSLY PERMITTED BY PARAGRAPH 3 BELOW, CONSIGNOR SHALL FORFEIT THE $225 ENTRY FEE AND PAY 6% COMMISSION ON THE FAIR MARKET VALUE OF THE ANIMAL, OR $250, WHICHEVER IS GREATER. THE COMPANY RESERVES THE RIGHT TO DETERMINE THE FAIR MARKET VALUE AT ITS SOLE DISCRETION. IF SAID HORSE IS SOLD ELSEWHERE PRIVATELY OR PUBLICALLY AFTER DATE OF ENTRY, CONSIGNOR AGREES TO PAY THE COMPANY 6% OF THE SALE PRICE OR $250 MINIMUM, WHICHEVER IS GREATER.
3. The only exceptions to payment of the amounts set forth in paragraph 2 above shall be in the event a horse is not presented for sale due to its death, because it has been claimed, or because it does not reach the $1000 minimum bid (“upset price”) in the sales ring. In the event of a horse’s death, evidenced by an acceptable veterinarian’s certificate, Consignor shall pay the sum of $50 to cover costs. In the event a horse has been claimed, Consignor shall pay the Company $250, in addition to the $225 entry fee. In the event the horse does not reach the $1000 minimum bid, Consignor shall pay the sum of $50 to cover costs.
4. Upon execution of this contract, Consignor shall pay to the Company a NONREFUNDABLE entry fee of $225 for each horse entered. This entry fee should accompany an executed copy of this contract and the signed registration certificate.
5. Consignor shall retain dominion and control of said horse until its sale. The Company shall have no liability with respect to any movement of horses, whether by Company personnel or otherwise, necessitated by operation of the sale.
6. The Company shall bear the risk of a credit buyer’s financial ability to pay (provided the Company has expressly extended credit either before or after sale and further subject to paragraphs 10 and 22 below). All other risks in connection with the sale of any horse shall be borne by Consignor, including but not limited to: (i) THE ACCURACY AND COMPLETENESS OF ALL PRINTED MATERIAL CONTAINED IN THE CATALOG; Consignor bears responsibility for confirming the accuracy and completeness and updating in writing such material prior to sale; the Company reserves the right to make any announcements it deems appropriate at the time of sale; Consignor must notify the Company in writing if the horse has been gelded, spayed, or nerved, suffers from any material physical problem or was bred using embryo transfer; notations on registration or other documents do not constitute adequate notice to the Company; (ii) FREE AND CLEAR TITLE; Consignor hereby represents that there are no claims, liens, or ownership disputes relating to any entered horse; in the event the Company is notified about any such dispute before or after sale, the Company may take any action it deems appropriate; (iii) PHYSICAL CONDITION OF THE HORSE; all horses are sold “as is”; nonetheless, the Company does not bear any risk relating to the physical condition of the horse (including a buyer’s refusal to pay on the basis of such physical condition); (iv) FALSE BUYERS; in the event a successful bidder who has not been extended credit by the Company refuses to pay or cannot be located by the Company after reasonable efforts by the Company, Company shall not be obligated to pay the sale price to Consignor and Company may, at its discretion, invoke the remedies set forth in paragraph 10; (v) Veterinary opinions concerning the in foal status or suitability for mating of consigned mares.
7. In the event of a dispute arising from a risk borne by Consignor, Consignor shall bear (and indemnify the Company from) all damages, expenses and fees, including legal costs of the Company, all of which may be deducted from Consignor’s total sale settlement, if any. Consignor shall also pay the sale commission and costs. Furthermore, the Company may use its discretion in attempting to resolve any such disputes. Any funds received by the Company with respect to the sale of Consignor’s horses shall be deemed general funds of the Company and not trust funds or special account funds on Consignor’s behalf.
8. Consignor or his duly authorized representative will be present in person to make true representations respecting each horse offered for sale by such Consignor. All information posted or disseminated regarding any horse remains Consignor’s sole responsibility. Company reserves the right and privilege to refuse to offer a horse unless such horse is represented by the owner or owner’s authorized agent. CONSIGNOR IS RESPONSIBLE FOR THE IDENTITY AND DESCRIPTION OF ALL HORSES CONSIGNED AND OFFERED FOR SALE BY HIM AND FOR ANY INFORMATION RELATING TO THE PHYSICAL CONDITION OF THE HORSE, INCLUDING APPROPRIATE AUCTIONEER ANNOUNCEMENTS.
9. Consignor will furnish a halter free with each horse which Consignor offers for sale. Consignor will not offer any horse that is unsafe or vicious at this sale.
10. In case any bidder fails to pay for and receive a horse which has been struck down to such bidder, Company shall have the right and privilege to accept the same amount from another bidder or to accept the next highest bid; or, if in the judgment of the auctioneer or the Company it would be in the best interests of all parties, to put up the horse for sale again. In any of these cases the result shall be the effective sale under this contract.
11. All horses must be duly registered with the UNITED STATES TROTTING ASSOCIATION. It shall be the duty of the Consignor to furnish a signed Registration Certificate or signed Application for Transfer (signed Application for Transfer is only valid for horses that are “paperless” with the USTA) and a current negative Coggins test for each horse taken within six (6) months prior to the date of sale (must be drawn after May 29, 2019) and to file the same with the Company at least seven (7) days prior to the date of sale. The Coggins test submitted for each horse must include the Identifying Number, any freeze brands and all identifiable markings of the horse. Consignor agrees that if the Coggins test or any other document furnished for any horse entered in the sale is invalid, improperly filled out by the seller’s veterinarian, or is not in a format acceptable to all states, racetracks, provinces or national racing commissions or regulatory agencies, or precludes said horse from crossing the Canadian border, the Company may have the horse retested. All expenses incurred thereby and associated with obtaining a valid Coggins test and proper federal health certificate, including but not limited to board, testing and transportation, shall be borne by the Consignor. The Consignor hereby authorizes the Company to deduct the monies from the sales proceeds. THE COGGINS TEST MUST BE AN ORIGINAL OR CARBON COPY OF AN ORIGINAL, LEGIBLE, AND UNALTERED. NO COPIES MADE ON A COPYING MACHINE ARE ACCEPTABLE. EACH HORSE MUST BE LISTED ON AN INDIVIDUAL PAGE FOR ALL COGGINS AND/OR HEALTH CERTIFICATES. In the event that such Registration Certificate(s) and current negative Coggins test(s) are not submitted within the time designated, a penalty charge of $50 per document is hereby imposed against the proceeds derived from the sale of the horse of such Consignor. If the Company must provide a Coggins test for any reason, an additional charge of $100 for this test will be made against the proceeds of sale derived from the sale of the horse of such Consignor. DOCUMENTS NOT AVAILABLE ON SALE DAY WILL BE ASSESSED AN ADDITIONAL CHARGE OF $50 PER DAY PER DOCUMENT FROM DATE OF SALE UNTIL SUCH TIME THAT THE DOCUMENTS ARE IN THE HANDS OF THE COMPANY.
12. BROODMARES — In the case of in-foal broodmares offered for sale, a mating certificate must accompany the Registration Certificate and current negative Coggins test. Such mating certificate must be on file with Company at least seven (7) days prior to the date of sale. If such requirement is not met, a penalty charge of $100 will be assessed against the proceeds derived from the sale of such horse. DOCUMENTS NOT AVAILABLE ON SALE DAY WILL BE ASSESSED AN ADDITIONAL CHARGE OF $50 PER DAY PER DOCUMENT FROM DATE OF SALE UNTIL SUCH TIME THAT THE DOCUMENTS ARE IN THE HANDS OF THE COMPANY. In-Foal Broodmares will be sold ONLY with service fees paid. Consignor must state whether service fee IS or IS NOT refundable in the event a broodmare fails to produce a live foal.
13. Confirmation of in foal status shall be Consignor’s responsibility. Company disclaims any responsibility relating to in-foal status.
14. YEARLINGS, WEANLINGS AND/OR SUCKLINGS – Will not be sold unless a signed Registration Certificate and a DNA parentage verification report are on file with the Company at least seven (7) days prior to the date of sale. If such requirement is not met, a penalty charge of $50 per document will be assessed against the proceeds derived from the sale of such horse. DOCUMENTS NOT AVAILABLE ON SALE DAY WILL BE ASSESSED AN ADDITIONAL CHARGE OF $50 PER DAY PER DOCUMENT FROM DATE OF SALE UNTIL SUCH TIME THAT THE DOCUMENTS ARE IN THE HANDS OF THE COMPANY.
15. Settlement(s) by the Company with a Consignor for horses sold shall be 50% of the net proceeds paid on day of the auction IF ENTRY FEE IS PAID AT TIME OF ENTRY, balance not be due before the thirtieth business day following the day of the sale. If entry fee is not paid at time of entry, 100% of net proceeds will not be due before the thirtieth business day following the day of the sale.
16. Consignor agrees that service of any notice, process or pleading in any action or proceeding arising out of or in connection with the sale of any horse hereunder is properly made if a copy of said notice, process or pleading is mailed to Consignor at the address set forth below, certified mail, postage prepaid, return receipt requested, or by overnight courier and Consignor hereby consents that any action or proceeding against it be commenced and maintained in any court within the State of Indiana by service of process as set forth above; and Consignor agrees that the courts of the State of Indiana shall have jurisdiction and venue is proper with respect to the subject matter hereof and the person of Consignor. Notwithstanding the foregoing, Company, in its absolute discretion, may also initiate proceedings in the courts of any other jurisdiction in which Consignor may be found or in which any of its properties may be located.
17. In the event a stallion share is the subject of this consignment, Consignor warrants and represents that such share does not constitute a security under applicable federal or state securities laws and Consignor shall indemnify Company against any claims in connection therewith.
18. The Company reserves the right to reject any entry at its sole discretion.
19. The Company has full authority to decide the hip numbers and stall locations for all horses which are accepted for sale.
20. No charges will be made to the Consignor by the Company for advertising or other expenses strictly incident to the conduct of the sale, unless by special agreement.
21. The commission will be due on all horses, including bid-ins and horses returned for material physical problems.
22. In the event that a separate credit arrangement is made between a purchaser and Consignor, the Consignor shall immediately present written confirmation of the arrangement to the Company. Any separate credit arrangement between a purchaser and Consignor shall relieve the Company from any responsibility for collection from the purchaser. Consignor shall be responsible for determining all other terms of the credit, including any provision for insurance. The Company may rely upon the Consignor’s agents and employees in determining that such a credit arrangement has been created. A separate credit arrangement shall not relieve the Consignor from its obligation to pay.
23. Consignor represents and warrants to the Company that Consignor has full authority to consign the horse listed above and that unless Consignor has furnished full particulars to the contrary with this contract, no embryo, egg, semen or other genetic material (excepting only genetic material required and used for DNA testing or other nonreproductive purposes) has been obtained from that horse.
24. In the event that Consignor(s) is more than one person or entity, each such person or entity acknowledges and agrees that the signature of any one of them shall be sufficient to bind each and all of them with respect to subsequent consents, waivers, agreements, etc.
25. I understand, acknowledge and agree that the Company is not responsible for providing veterinary services during the sale sessions; that if any veterinary services are made available by the Company, such services are being made available for convenience purposes only and that any use that I may make of such services will be at my sole cost, expense and risk; and that no such veterinarian has any authority to make any representations or warranties on behalf of the Company. Any examination by any veterinarian at the Company’s request shall be for the Company’s purposes only and neither Consignor nor any third party shall rely on the results thereof.
26. The Company makes no representation or warranty regarding the condition of any horse. Any examination made or information posted or announcement regarding a horse’s condition, including in-foal status, is Consignor’s sole responsibility.
27. Consignor and Company agree that this contract was formed and performed in the State of Indiana.
PAPERWORK (Registration Certificate or Application for Transfer must Be Signed By All Owners. See Also Paragraph 11 and is due with this contract) A current Health Certificate (within 30 days of sale) and a Negative Coggins (E.I.A.) Test taken within SIX MONTHS of the sale (dated after May 29, 2019), must be submitted, and on file, with the Company 7 days prior to sale date. THE COGGINS TEST SUBMITTED FOR EACH HORSE MUST INCLUDE THE IDENTIFYING NUMBER, ANY FREEZE BRANDS AND ALL IDENTIFIABLE MARKINGS OF THE HORSE, AND MUST BE AN ORIGINAL OR CARBON COPY OF AN ORIGINAL, LEGIBLE, AND UNALTERED. NO OTHER COPIES ARE ACCEPTABLE.
MIDWEST MIXED SALE - Dates & Information
|Sale Date||Location||Address||Start Time|
|Friday, Nov. 29, 2019||Michiana Event Center||455 E Farver St, Shipshewana, IN 46565||TBA|
MIDWEST MIXED SALE - Entry Forms
MIDWEST MIXED SALE - Current Entries
Entries will be posted online prior to catalogs being mailed
MIDWEST MIXED SALE - Results Archive
MIDWEST MIXED SALE - Results
MIDWEST MIXED SALE - Live Video
MIDWEST MIXED SALE - Local
HOTELS & Restaurants
|Super 8 Hotel |
7333 IN-9, Howe, IN 46746, United States
1500 S Centerville Rd, Sturgis, MI 49091, United States
|Blue Gate Restaurant & Bakery |
195 N Van Buren St, Shipshewana, IN 46565, United States
|Wana-Cup Restaurant |
295 South Van Buren Street, Shipshewana, IN 46565, United States
|East Chicago Pizza |
350 South Van Buren Street, Shipshewana, IN 46565, United States
|Farmstead Inn & Conference Center |
370 S Van Buren St, Shipshewana, IN 46565, United States
|Midwest Auction Event Location |
455 East Farver Street, Shipshewana, IN, United States
|Blue Gate Garden Inn |
800 South Van Buren Street, Shipshewana, IN 46565, United States
|Der Ruhe Blatz Motel |
1195 South Van Buren Street, Shipshewana, IN 46565, United States
|Hampton Inn & Suites Middlebury |
105 Crystal Heights Blvd, Middlebury, IN 46540, United States