Terms and Conditions

1.        The Dakota Classic Cutting Futurity Sale is limited to yearling and 2 year old horses sired by DCCF stallions and eligible for the futurity purse their 3 year old year.  Sale slots will be offered to DCCF subscription holders with horses eligible for the 2010 and 2011 DCCF futurity class.

2.         Sale will be limited to 35 horse’s total.

3.         There is a $50 consignment fee which is non-refundable.

4.         Consignors will provide DCCF with consignment fee, registration papers, signed transfer, and applicable footnote information by sale deadline of July 15^th 2009. 

5.         There will be a 7% commission charged on all horses sold. There will be a $50 “no sale” charge.  Seller will be responsible to have all sold horses “paid to date” on DCCF payments.  All horses sold will be “paid to date” in their respective Dakota Classic Cutting Futurity year.  It will be the responsibility of the buyer to continue such payments to remain current.

6.         Stalls will be available for sale horses at the fairgrounds, $20/night plus bedding.  Consigners will be responsible for all stall fees and bedding prior to sale.

7.         The highest bidder is to be the buyer.  If any dispute arises between or among two or more bidders, sole authority to settle the dispute is reserved by the auctioneer, and his decision shall be final.  The auctioneer reserves the right to reject any or all bids.

8.         Terms of the sale are cash.  Checks will be accepted with proper identification, U.S funds.  Payments must be made in full to the Dakota Classic Cutting Futurity (DCCF) either during or immediately following the sale.

9.         We strongly urge each bidder to thoroughly examine a prospective purchase to his own      satisfaction prior to the horse sale.  The horses in this sale have not been vet checked.  All horses are sold “AS IS”.  There is no guarantee of any kind as to the soundness or condition or other quality of any horse sold in the sale, except where the owner makes a specific guarantee.  In such case, the guarantee is strictly by the owner and not through sale management.  The sale management, employees and auctioneer assume no liability for either buyer or sellers.  Any representations made by the sales management are made on behalf of the seller.

10.       LIMITED WARRANTIES—The seller is the responsible party for all representations or warranties, expressed or implied concerning the condition of any horse they purchase.  Except otherwise announced by the auctioneer at the time of sale, the consignor of each animal warrants to the buyer and the DCCF the following: 1. Title of the animal free from all adverse claims to ownership, use or possession. 2.  The animal is sound of eyes and wind. 3.  The animal is not a “cribber” or “windsucker”.  4.  The animal has not been nerved or has navicular disease or is foundered.  5.  Any animal, which at time of sale is described as a colt and does not have two tests descended into the scrotum, bust be announced.  If any of these conditions are announced, the consignor is held harmless for the condition.  Except for the foregoing limited warrantees, each animal is sold by the consignor WITHOUT WARRANTY AND WITH ALL FAULTS.  Every horse is sold under this rule; therefore, no horse can be rejected by buyer when struck off by the auctioneer.

11.       TITLE–Title to and risk of loss passes to the buyer when the animal is knocked down by the auctioneer.  Immediately after the horse is sold, it will be the sole risk and responsibility of the buyer.  Effective from the time of purchase, the buyer assumes all responsibility for the maintenance and care of the animal.  The buyer further agrees to indemnity and holds the consignor and DCCF harmless from all loss, cost and expenses arising from illness, injury or death to such animal or loss or damage to property and injury or death of persons caused by the buyer, the buyer’s agents, or by the animal subsequent to the time or purchase.

12.       Every effort has been made to assure correctness of catalog and advertising, but statements from the auction block will take precedence.

13.       Required certificates and transfers will be supplied by the seller.  Buyer is responsible for the transfer.

14.       There will be a veterinarian available to issue health papers if needed for transport.  Buyer will be responsible to pay for any such certificates.

15.       All registration papers will be held by the sales management until all checks clear the bank.  If any buyer desires to obtain registration papers immediately, the horse must be paid for in cash. 

16.       Checks will be mailed to the consignors.   All registration papers, transfers, etc., must be “in order” before payment will be made to consignors.

17.       Stalls at the fairgrounds will be available to buyers after the sale-$20/night plus bedding.

18.       Horses must have a “Paid in Full” receipt from sales office prior to leaving sale grounds.

Everyone is cautioned to exercise care while attending the sale.  Upon failure to do so and injury does result, management disclaims any liability or responsibility.