2024 Consignment Terms and Conditions Agreement
Freedom Select Sale
Michael Micco (814) 673-4585 - southviewfarm@yahoo.com
Mail to: 437 Carey Lane, Cranberry, PA 16319
July 5-6, 2024 at the Venango County Fairgrounds - 567 Mercer Road, Franklin, PA 16323
1. TITLE: By submitting a consignment form, Consignor agrees to the terms and conditions set forth below and swears that the information furnished
regarding this entry is true and correct. Consignor further agrees that he/she has absolute and complete title/ownership to the entry listed in this
document. In the event that Freedom Select is required to resort to legal action to enforce the terms of this contract, consignor agrees to pay attorney
fees and costs associated with or arising from such action. This Consignment Agreement is to be construed as to form, substance, and procedure in
accordance with the laws of the State of Pennsyvania, and the Consignor and Consignee hereby agree to submit to the jurisdiction and venue of a court of
competent jurisdiction in Venango County, Pennsylvania.
2. LIABILITY: As owner of the horse(s) consigned in any sale Consignor understands that he/she maintains ownership until the sale is final and at which
time ownership transfers to the buyer. Consignor understands that Freedom Select is acting as the consignor’s agent only and thus bears no responsibility
or liability for ownership of the horse(s) at anytime during the consignment process. Consignor does hereby release and hold Freedom Select harmless
from any and all responsibility and/or liability from any claims or legal action of any type arising from anything associated with this consignment sale and
does further agree that should any such arise, the consignor will cooperate fully with Freedom Select to fully absolve them from any responsibility or
liability which includes taking any necessary steps necessary to legally defend them against claims or lawsuits. Freedom Select acts as agents only and is
not responsible for buyer/seller error or misunderstanding.
3. WITHDRAWAL OR REJECTION: Freedom Select reserves the right to reject any entry for any reason. Entry fees will only be refunded if rejected prior to
the cataloging on June1st, 2024. Once cataloged, rejection, or withdrawal may come only as a result of unsoundness or “unfit for sale” conditions, and
the entry may be made substituted on approval of Freedom Select. Consigner agrees that once this application is accepted by Freedom Select, the
consigner is obligated to present the consigned animal at the time of sale or pay the “never offered” fee listed in section 7-a-iv of this document. If
consigner sells the consigned animal privately prior to or on the date of the sale, consigner agrees to pay Freedom Select the commission fee listed in
section 7-a-ii based on the private sale price + the “never offered” fee listed in section 7-a-iv.
4. SOUNDNESS GUARANTEE:
a. Any irregularities or unsoundness of any kind must be made known to Freedom Select when consigning to the sale. Freedom Select is hereby authorized to announce any such findings before the horse is sold. Violation of this clause gives the buyer the right to the buyer to return the horse to the consignor for a full refund, and the consignor must forfeit the commission and accept the horse as unsold.
b. Consignor must proved coggins results dated within 12 months of the sale on all horses consigned to the sale during the check in process.
c. For any registered horses, consignor is responsible to ensure paperwork is provided to allow buyer to transfer the registration into the buyer's name. If for any reason any registry disputes/declines transfer of ownership; the consignor is required to provide a fair resolution to the buyer.
d. All guarantees are strictly between the buyer and the seller
5. LIABILITY FOR ILLNESS: I understand and agree that Freedom Select does not assume and will not accept any liability for injury, illness, or accident to
any animal listed and/or consigned for sale.
6. TRANSMITTAL OF DOCUMENTS: The completed consignment form and entry fees must be received by Freedom Select no later than June 1st, 2024 to
secure a spot in the sale. All registration certificates, transfer reports, breeder’s certificates, foal applications must be submitted to Freedom Select prior
to the start of the sale and all forms must be signed by the owner or legal agent thereof. Freedom Select will withhold payment to the consignor until the
consignor furnishes to Freedom Select all necessary documents for the transfer of the horse to the new owner.
7. REGISTRATION FEES & COMMISSION:
a. I agree to pay according to the fee schedule listed below
i. Consignment Fee = $50 per horse
ii. 10% commission fee for each horse sold ($200 minimum, $1000 maximum)
iii. $50.00 No Sale fee if bidding ends under reserve
iv. $500.00 Never Offered Fee
b. I do hereby agree that Freedom Select is authorized to deduct the selling fees and commission from the proceeds when making payment to me. I
further agree that in the case of “No Sale", I will present payment to Freedom Select prior to removing the consigned animal from the property where the
sale is being held.
c. I agree that if I sell the entry at the venue that the sale is being held, either before or after the animal has been through the sale ring, the transaction
will go through Freedom Select and commission will be paid.
8. PAYMENT OF PROCEEDS: I hereby agree Freedom Select will tender payment to me in full for this consignment, having made the necessary deductions
listed in these Terms and Conditions of Consignment, however Freedom Select is not required to make payment to me until the buyer has made
satisfactory payment to Freedom Select and until all payments from the buyer have had funds clear the bank. In addition, payment will not be made until
I have furnished Freedom Select all necessary documents for the transfer of the horse to the new owner.
Please note that there is a 4% buyers premium for all online buyers.
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