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Owner is defined as the person offering a horse for sale at the
auction or submitting a horse for advertisement.
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Bidder is a person offering a bid on a horse at this event.
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Buyer is a person who purchases a horse offered at this event.
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There is a non-refundable $200 booking fee (no Commission.) Owner’s
horse will be listed on the website and included in publicity and the
catalog after payment.
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There are no refunds of the booking fee for any reason once it has
been paid.
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Each horse imported to Arizona is required to be in accordance with
the regulations of the State of Arizona. All horses six months of
age and older require a negative test for Equine Infectious Anemia (Coggins
test or CELISA) within a year prior to the event. The original
negative test result must be shown prior to the auction.
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Owner covenants and warrants that the title of each horse is free of
any and all liens and encumbrances and will warrant the title to the
same to the Buyer.
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Oral actions and statements at the auction are not an offer to buy or
sell, but are only to make Owner and Buyer known to one another at
what may be a possibly agreeable price.
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Owner may reject any bid including the highest bid determined at the
auction.
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A
high bid determined at auction is not binding on either party nor can
the auction enforce completion of a transaction. The Owner and high
Bidder must then complete any transaction to their mutual agreement.
The Owner acknowledges that an agreement may not be concluded even if
a high bidder is determined at auction. The Owner acknowledges he/she
must complete any agreement to both his/her satisfaction and that of a
high Bidder after any auction.
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Ben Avery Mounted Shooting Development and its agents, and any other
associated persons are not responsible for completing any transaction
or sale. Its sole responsibility is making Owner and Bidders known to
one another.
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Performance of any agreement, verbal or written, between Owner and
Bidder or Buyer is strictly between those parties.
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Ben Avery Mounted Shooting Development and its agents and any other
associated persons have not and will not evaluate any horse for
suitability for any purpose.
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Ben Avery Mounted Shooting Development and its agents and any other
associated persons does not act as an agent for or represent either
the Owner, Bidder, buyer or seller but merely provides an environment
for making known a willing seller and willing buyer.
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Ben Avery Mounted Shooting Development and its agents, and any other
associated persons are not in control of and have no ownership of a
horse at any time.
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Ben
Avery Mounted Shooting Development and its agents, and any other
associated persons are not responsible for loss or damage to horses,
equipment, or persons from injury, accident, fire, theft, etc., in any
manner, before, during, or after sale.
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Under Arizona law, an equine activity sponsor or professional is not
liable for injury to or death of a participant in equine activities
resulting from inherent risk of equine activities pursuant to Title
12, Chapter 5, Article 3, subsection 12-553; Citation ARS 12-553.
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In consideration of the right to participate in this event and the
services provided by the auction and its agents, I have and do hereby
assume all risks associated with this event. The Owner shall at his
own expense, defend Ben Avery Mounted Shooting Development and its
agents, and any other associated person from any and all claims and
indemnify, from any and all liability, damage and costs arising from
injuries to person or property and actions taken by Bidders or Buyers
as a result of this event. Owner shall at his own expense defend Ben
Avery Mounted Shooting Development and its agents, and any other
associated persons in any litigation or dispute brought by Bidders or
Buyers as a result of this event.
Signature of Owner
________________________________________ Total Amount $____________
