SALE TERMS AND CONDITIONS
PROSPECTIVE BUYERS AND CONSIGNERS PLEASE READ CAREFULLY!! All purchases through this sale are bound to the terms and conditions set forth herein, whether buyer and consigner has read them or not. Please take the time to read and become familiar with them and be aware that all transactions in this sale are governed by these terms and conditions. The failure of any buyer to comply with the terms and conditions set forth here will constitute default by the buyer.
****BUYERS PLEASE TAKE NOTE OF CALIFORNIA SALES TAX REGULATIONS****
- XIT Horse Sales/KW Ventures/ XIT Western Productions and its associates act as agents only and are not responsible for buyer/seller error or misunderstanding. All guarantees are strictly between the buyer and seller. All horses are offered for sale according to the laws of the State of California. There is no representation or warranty expressed or implied by the auctioneer or sale staff, as to soundness or fitness for any particular purpose of any horse offered in this sale. The seller listed is the responsible party for all representations concerning the condition of any horse.
- Commission retained by XIT Horse Sales will be 8% of each horse’s selling price.
- There is an 8% BUYERS PREMIUM for horses purchased ONLINE.
- The payment for each horse sold will be mailed out within 5 days of the sale date.
- The catalog fee of $250.00 is due when horse is consigned and is not refundable.
- Consignor has the right to “NO SALE” or “PASS OUT” a horse IN THE RING. It can not be done later. Once the horse is announced as SOLD by the auctioneer it changes ownership.
- The consigner agrees NOT TO PRIVATELY SELL OR WITHDRAW a consigned horse prior to the sale. The only exception is an injured or sick horse with a signed veterinary release. NO SHOWS WILL BE CHARGED $500.00 PER HEAD without proof of medical withdraw from a Doctor of Veterinary Medicine.
- Alley trading is NOT allowed, ALL sales must go through the sale office.
- Effort has been made to assure accuracy of this catalog and internet advertising. However, XIT Horse Sales and auctioneers will not assume responsibility for errors or omissions. Announcements in the ring take precedence over printed information. PAY CLOSE ATTENTION TO THE ANNOUNCEMENTS. Buyer is bound by all announcements from the auctioneer stand at the commencement of the sale and at the time of sale of each individual horse.
- The highest bidder is to be the buyer. If a dispute should arise between bidders, the disputed horse will immediately be put up for bid again. In any dispute, the auctioneer has sole authority to settle the dispute and his decision is final. XIT Horse Sales reserves the right to waive the sale of a horse BEFORE it leaves the ring.
- Buyers have the right and are encouraged to have a veterinarian of their choice conduct a complete pre-purchase exam on any horse offered in the auction at the buyer’s expense. Purchasers of horses in this sale acknowledge that they have had the opportunity to thoroughly examine by veterinarian or otherwise each horse that they have purchased and hereby accept any horse they purchase “as is” with all defects and conditions except those that are specifically warranted in these conditions. Be sure to EXAMINE HORSES PRIOR TO PURCHASING.
- All horses must be tested for Equine Infectious Anemia (Coggins test) and found NEGATIVE within 6 months of the sale date. Coggin’s papers will be present in the individual horse’s folder. A health certificate is also required. (See California Livestock Board Requirements)
- 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 responsibility for the maintenance and care of the animal. The buyer further agrees to indemnify and hold XIT Horse Sales harmless from all loss, cost and expense arising from illness, injury or death of such animal, or loss or damage to property, and injury or death of persons, caused by the buyer, the buyer’s agents or employees, or by the animal, subsequent to the time of purchase. NO HORSE WILL LEAVE SALE LOCATION UNTIL FINAL SETTLEMENT HAS BEEN MADE.
- Payment in full must be made to the cashier immediately after the sale on November 6th 2021. Method of payment shall be cash, cashier’s check, traveler’s checks, personal check (with two forms of identification), or Visa/MasterCard/Discover. Checks can be made out to KW Ventures.
- If the horse is sold as registered. Registration papers will be provided on sale day along with completed transfer reports. Persons not having a current membership can purchase one directly from the breed registry. If the seller does not present the registration, transfers, or correct breeding report to the office prior to the sale, proceeds will be held until paperwork is received.
- Buyers and spectators are cautioned to be careful while on the grounds, particularly while horses are being shown or sold in the sale ring. All persons attending the sale do so at their own risk. According to the laws of the State of California, neither the owners nor any other person connected with this sale assume any liability, legal or otherwise, for accidents to persons or property, before, during, or after the sale.
- XIT horse sales does not guarantee any level of the horse’s training or behavior once the horse is sold. Please thoroughly inspect horses before you purchase. Descriptions of sale horses in the catalog were written by sellers and are based on their opinions and experiences with the horses. These statements do not imply any guarantees or warranties on the sale horses.
- CALIFORNIA SALES TAX REGULATIONS
- California State Sales Tax applies to all sales of all horses within the state. EXCEPT that the California Department of Tax and Fee Administration has ruled that a sale is not taxable if the “buyer, before fall of the auctioneer’s gavel, has directed the auctioneer to ship the horse to a point outside of this state via a licensed carrier”, and “if the horse does not come into possession of the buyer until it arrives at the out-of-state destination.”
- Purchasers who desire exemption from payment of sales tax as aforesaid must provide 1) a completed and signed Interstate Delivery Agreement PRIOR TO BIDDING; and 2) a bill of landing, signed by an authorized signatory for an insured MCC/USDOT carrier acceptable to the sale management.
- Note to MCC/USDOT carriers - MCC Carriers should file with the sale management a copy of their Bill of Landing and a list of authorized signatories. Purchasers are reminded that all shipments by XIT Horse Sale Company to points out of state provided are at purchaser’s risk.
- Horses purchased for resale – Purchasers who are purchasing horses for resale may be exempt from sales tax if they provide a properly completed California Department Of Tax And Fee Administration resale certificate bearing a valid seller’s permit number. Please note that sales tax will be applicable on the subsequent resale of the property. We recommend you review the California Department Of Tax And Fee Administration sales tax rules.