(Buyers are bound by the Terms and Conditions whether you read them or not)
1. We do accept phone bids the day of the sale with no extra fees added. Please contact Superior Livestock. See ad on Page 2 of the catalog.
2. All horses will be available for viewing and inspection prior to sale. Please inspect horses PRIOR to sale time. There is no warranty, expressed or implied by sale management or any representative thereof for as to the soundness, physical condition, health or disposition, nor as to merchantability or fitness for any particular purpose of any horse offered in this sale. All horses are sold “as is” with all existing conditions and defects except as otherwise expressly stated herein.
3. Neither the Auctioneer, Twombly Performance Horse Sale Management, any representative thereof, nor their consultants shall be responsible for any liability whatsoever, including, but not limited to, the loss, damage, injury, death, or illness of any horse, person, or property before, during or after the sale.
4. We represent and warrant to the buyer the following until 12:00 pm (noon)-no exceptions-on Sunday following the sale. The horse is sound of eyes and wind. The horse will hit the ground sound on all 4 feet. The horse is not a cribber and has not been nerved. This soundness guarantee will apply only to horses with problems existing prior to sell time and not to problems caused after the sale by the buyer’s hauling or use of the horse. Pioneer Animal Clinic (Scottsbluff, NE) will be the only vet that can make soundness decisions along with Dan Twombly. The horse must be returned within 72 hours and its condition verified and approved by Pioneer Animal Clinic and Dan Twombly. If approved, buyer will receive credit for the purchase price, no cash returns, towards the next sale.
5. Buyers are cautioned to pay close attention to any announcements at time of sale, as these announcements take precedence over the printed matter in the catalog. Every effort has been made to assure the correctness of this catalog. The sale management and auctioneer are not responsible for errors or omissions, and assume no liability on their part as to any verbal or written statements regarding horses sold.
6. Riding horses are to be as represented until 12:00 pm (noon)-on Thursday following the sale. The horse must be delivered to Coyote Slide Ranch within 72 hours of approval to return the horse, and must arrive in sound condition. Sale credit, No Cash Returns, will be given up to the amount of the purchase price of the horse returned. Sale credit must be used at the next sale and may not be carried forward. Unused sale credit will not be refundable whether a horse is purchased or not. For example, if you purchase a horse for $9,000 and return it, and the following sale purchase a horse for $7,000, the original transaction is completed; no further credit or refund will be due. Dan Twombly shall retain sole discretion and final authority to determine whether any claim under this guarantee will be approved.
7. Terms of sale are cash. Payment in full must be made to the cashier immediately after the sale. All payments shall be in U.S. Currency and on U.S. Banks only. If you will be paying by check, you will need to bring a letter of credit from your bank to verify funds available. Exception to this ruling would be if we already have one on file from a previous sale. All “returned” checks or Insufficient Funds checks will be immediately turned over to the Scotts Bluff County District Attorney and charges will be filed. In addition to a $35 NSF charge there will be a $500 fee for all returned checks that are not repaid by banking wire transfer within one day of the return date of the check.
8. This contract shall be construed and governed by the laws of Nebraska. At the option of the Seller, jurisdiction and venue for any dispute arising under or in relation to this contract shall be only in ScottsBluff County located in Nebraska.
9. If a dispute should arise between or among two or more bidders, the Auctioneer shall settle the dispute, and his decision shall be absolute, final, and binding on all parties. Horses are at the buyer’s expense, risk, and responsibility from the instant horse is knocked down by the auctioneer to that buyer.
10. Registration papers will be mailed approximately two weeks after the sale. You must notify us within four weeks after the sale if you have not received them.
11. All horses will be negative coggins tested for out of state shipment.
12. Under Nebraska Law, an equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to sections 25-21, 249 to 25-21, 253.
13. We do not carry insurance for your horses(s) once the horse is sold. If you are needing coverage please contact Kay Cassell Equine Insurance. (See ad below).