CONSIGNORS CONTRACT
MUST BE SIGNED - PLEASE READ BEFORE SIGNING
Consignment fee may be withheld from proceeds for an additional $100.00 per horse fee, as long as the horse’s original Registration Papers and a Signed Transfer accompany the Sale Entry.
I hereby consign the foregoing livestock (the “Animals”) to Heritage Place, Inc. (“HPI”) for sale in the 2026 Annual Spring Forward Mixed Online Sale (the “Sale”) and inclusion in the Sale catalog subject to the following terms and conditions:
1. I warrant title to each Animal free from all adverse claims to ownership, use or possession and agree to defend title against all claims. I authorize HPI to advertise and sell each Animal at public auction, to make on my behalf the representations and warranties set forth in the Sale Catalog, to deliver possession of each Animal to the highest recognized bidder, to transfer title to each Animal to the highest recognized bidder (this includes recipient mares; they are sold to the new owners without any stipulation of being returned to the previous owner or farm) and to receive and disburse the proceeds of sale for my account.
2. I agree to pay HPI the designated Entry Fee for each Animal. HPI’s authority to sell each Animal is irrevocable and each such Animal will be offered at the Sale unless the Animal is excused by HPI. I agree to pay to HPI, on demand, as liquidated damages and not as a penalty, the Entry Fee plus the sum equal to 8% of: (i) the amount of the sale price, if such Animal has been sold; or (ii) the fair market value of such Animal as of the Sale date if such Animal has not been sold or the sale price cannot be determined to HPI’s satisfaction.
3. In addition to the Entry Fee, I agree to pay HPI a sales commission of 3% on each Animal sold, computed on the final recognized bid at the Sale; or 3% on the final recognized bid at the Sale if the animal is not sold (repurchased), with a minimum commission of $250 applying whether the animal is sold or not sold. HPI is authorized to deduct all sums owing to HPI from my account and in the event of any deficiency, I agree to immediately pay HPI the balance due.
4. I understand that HPI reserves the right to: (i) reject entry of any Animal based on pedigree and conformation as provided herein; (ii) reject the entry of any Animal in the Sale at any time on return of the Entry Fee or a portion thereof for such Animal; (iii) approve any assignment of my rights and obligations under this agreement as a condition to such assignment; (iv) determine the order of sale of all Animals; (v) assign stabling facilities subject to such stabling policies as HPI may establish; (vi) examine each Animal and make such catalog corrections and announcements as HPI deems appropriate; and (vii) change the time, date or location of the Sale should circumstances, in HPI’s sole discretion, necessitate such a change.
5. I agree, at the time of entry, to deliver to HPI the following documents in form satisfactory to HPI with respect to each animal: (1) the original certificate of registration (ALL RACE AGE/YEARLING/WEANLINGS HAVE TO BE PARENTAGE VERIFIED – NO EXCEPTIONS) issued either by American Quarter Horse Association, Appaloosa Horse Club, American Paint Horse Association or The Jockey Club (or my certificate that all matters required by the applicable registry have been furnished and issuance of the certificate of registration is pending); (2) all transfer reports and other items required to transfer registration of the Animal to the Buyer; (3) properly signed stallion service and breeders certificates for bred mares. I agree, prior to the sale, to deliver to HPI the COPIES of the following documents: (A) a NEGATIVE COGGINS test dated NO EARLIER than six (6) months prior to the date the Animal sells; and (B) a health certificate dated no earlier than twenty (20) days prior to the date the Animal sells. I also agree to provide evidence, by a licensed veterinarian, of pregnancy status for any Animal represented to be bred or pregnant NO MORE than ten (10) days prior to the date the Animal sells. I UNDERSTAND THAT HPI WILL WITHHOLD ANY MONIES DUE ME UNTIL ALL SUCH DOCUMENTS, IN A FORM SATISFACTORY TO HPI, ARE DELIVERED.
6. I understand that PAYMENT TO CONSIGNORS will take place as follows:
A. Payment to HPI’s consignors will begin on the 21st banking day after the last day of the Sale.
B. Registration Certificates will not be transferred until the buyer’s check has cleared the bank. HPI will begin processing papers within 45 working days following the Sale.
C. Payment to HPI’s consignors will be held until all necessary papers are in HPI’s offices.
D. A $100.00 fee per Animal will be added to all Entry Fees which are approved to be withheld from the consignor’s sale proceeds.
E. An assessment of $250.00 per entry will be charged if any problems arise in procuring or processing sale entry’s paperwork, including corrected Registration Certificates.
7. I agree to provide such information as HPI might request with respect to the ownership, description, pedigree, produce, performance, health and conformation of each Animal. I understand that HPI will provide to me a copy of the Sale catalog prior to the Sale date setting forth my representations and warranties with respect to each Animal. I agree to review the sale catalog and promptly notify HPI of any corrections thereto prior to the Sale.
8. I represent and warrant to the buyer and to HPI the following: (A) Title to the Animal free from all adverse claims to ownership, use or possession, (B) The Animal is sound of eyes and mouth, (C) The Animal is not a “cribber”, (D) The sex and condition as a stallion, gelding or ridgeling of the Animal is as described in the Sale catalog, (E) That no markings, no questions as to parentage, nor any other controversy exists that would affect registration of the Animal in its respective Breed Association, (F) The Animal is not afflicted with Locomotor Ataxia (wobbler syndrome), (G) The Animal is not a “Wind Sucker,” (viii) That the pedigree of the Animal is as represented, parentage represented herein has been verified and could be verified again by DNA testing in accordance with the American Quarter Horse Association’s or other relative Breed Association’s current rules; (H) That I will disclose any impairments, unsound conditions or invasive surgery(s) performed on this animal and provide a veterinarian’s certification that the animal has suffered no ill effects from the sugery(s); (I) The consignor warrants that any Weanling, Yearling or Horse of Racing Age (excluding broodmares or horses being sold as breeding prospects only) has not been administered any of the following:
1) Any Bisphosphonates if the horse is under 4 years of age.
2) Anabolic Androgenic Steroids.
3) Beta Agonists (including Clenbuterol and Albuterol).
4) Any prohibited substance according to ARCI Model Rules of Racing.
I understand that I AM REQUIRED TO INFORM HPI of any such aforementioned conditions for announcement at the sale, or face purchaser’s possible refusal of Animal and forfeiture of my Entry Fee and Sales Commission.
9. I understand that the maintenance of each Animal is the consignor’s responsibility and agree to provide continued maintenance and care, at no additional cost to buyer, for up to 10 days following completion of the sale or until buyer takes delivery of the animal, whichever comes first. I agree to care for each Animal in accordance with reasonable husbandry practices. On my failure to so care for any Animal, I agree that HPI may, at HPI’s option may revoke the sale of the animal. I agree that HPI will not incur any liability whatsoever for the loss, damage, injury, death or illness of any Animal.
10. I understand that to protect my desired sales price for the Animal(s), either I or my authorized agent must (A) be the final bidder on the Animal, or (B) submit a fully executed official HPI Reserve Bid Form to HPI’s sales office before the start of the sale.
11. I understand that possession of each Animal sold will be released to the buyer after satisfaction of HPI’s Settlement Procedures. I agree that if the sale of any Animal is not consummated by reason of the default of the buyer or otherwise, HPI will not be liable for the purchase price of the Animal. HPI’s sole obligation will be to assist me in the collection of the purchase price of the Animal, assist in the recovery of the Animal or to assist in the resale of the Animal at the Sale or by private sale to the extent that I might request. I understand that HPI does not guarantee the validity, enforceability, payment or collection of any instrument delivered to HPI in payment of the purchase price of any Animal. Any obligation which HPI might owe to me by reason of a buyer’s default will be discharged by HPI’s resale of the Animal by public or private sale, whether or not the resale price equals the price agreed to be paid by the defaulting buyer.
12. I agree to indemnify and hold HPI and HPI’s shareholders, directors, agents, employees, contractors and representatives harmless from all claims, expenses and costs (including, without limitation, attorney’s fees) arising out of: (i) any question of title to or my authority to sell any Animal; (ii) any claimed loss or damages relating to blood typing or parentage verification of any Animal as may be required by the American Quarter Horse Association, without limitation, any failure or inability to perform such parentage verification; (iii) any lien, attachment or claim asserted against any Animal or the proceeds of sale; (iv) any claimed default in my representations or warranties with respect to any Animal; (v) loss or damage to property and injury or death of persons caused directly or indirectly by me, my agents or employees or any Animal; (vi) my entry or sale of any Animal; or (vii) my default in performance hereunder. I agree to pay HPI, on demand, the full amount of any loss which HPI may incur in settlement of any claim or demand on account thereof.
13. I understand and agree that the terms of the Sale Conditions and Settlement Procedures published in the Sale catalog will govern the sale of each Animal, and I agree to be bound thereby.
14. This agreement will be binding on me, my heirs, personal representatives, Agent(s) successors, permitted assigns, any successor in ownership of each Animal and will inure to the benefit of HPI’s successors and assigns. If this agreement is executed by an agent, such agent will be individually liable, jointly and severally with the principal, for the performance of this agreement. This agreement can not be amended except in writing executed by the parties.
I have read, approve, and agree to be bound by the foregoing terms and conditions.