SALE INFORMATION – TERMS & CONDITIONS
PLEASE READ THIS COMPLETELY BEFORE BIDDING AND BUYING!
You will be required to sign the Sale Agreement set forth in the link above at the end of the auction – it will be sent for electronic signature via email.
Please review all information below as well.
POST SALE CONTACT NUMBERS:
PAYMENTS: Michelle Cannon 210-381-3132
GENERAL CONDITIONS OF SALE
THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS MADE BY CANNON QUARTER HORSES THE OWNER/SELLER AS TO THE MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR OTHERWISE OF ANY HORSE, FOAL IN UTERO OR VITRIFIED EMBRYO. ALL HORSES, FOAL IN UTEROS OR EMBRYOS SELL “AS IS, WHERE IS, WITH ALL FAULTS AND DEFECTS, WITHOUT EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY”.
EXAMINE HORSES AND EMBRYOS
Buyers have the right to inspect any Horse, Foal-In-Utero or Embryo of interest thoroughly PRIOR TO BIDDING OR BUYING. Veterinary or Embryologist assistance is encouraged and is the responsibility of any bidders.
Cannon Quarter Horses shall not be responsible for providing information as to multiple embryos (foals of the same year) or frozen embryos out of mares or dams in the sale.
GENETIC TESTING RESULTS
GENETIC TESTING RESULTS ARE NOT GUARANTEED BY CANNON QUARTER HORSES.
Horses, Foal-In-Uteros and Embryos become the Buyer’s responsibility at the fall of the hammer. Cannon will hold the horse for 2 weeks while the buyer makes arrangements for transport.
All accounts must be paid BY MONDAY AT 5 PM CST FOLLOWING THE SALE. Make all payments directly to Michelle Cannon.
FOR HORSES, AQHA OWNERSHIP TRANSFER FEES ARE THE RESPONSIBILITY OF the new owner.
FOR FOALS-IN-UTERO, THE SELLER IS RESPONSIBLE FOR PROVIDING A FULLY EXECUTED BREEDERS CERTIFICATE AND TRANSFER WHEN THE RECIPIENT MARE IS RETURNED OR APPLICABLE RECIPIENT MARE PURCHASE FEES HAVE BEEN PAID. THE BUYER WILL BE RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH REGISTERING AND TRANSFERRING THEIR FOAL.
FOR VITRIFIED EMBRYOS, A BUYER IS SOLELY RESPONSIBLE FOR OBTAINING REGISTRATION CERTIFICATES AND COMPLETING THE REGISTRATION PROCESS THROUGH AQHA OR APHA. AQHA Frozen Embryo Permit(s) will be issued for each embryo. These will be transferred to the Buyer at AQHA. Buyer will be provided with a stallion breeders certificate released from Cannon Quarter Horses.
CATALOG INFORMATION AND ANNOUNCEMENTS
EVERY REASONABLE EFFORT HAS BEEN MADE TO ENSURE THE ACCURACY OF THE INFORMATION PRINTED IN THE SALE CATALOG. CANNON QUARTER HORSES DISCLAIMS RESPONSIBILITY FOR THE CONSEQUENCES, IF ANY, OF ANY CATALOG ERRORS. INFORMATION IS COLLECTED FROM AQHA AND ROBIN GLENN.
UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE) A FARM ANIMAL PROFESSIONAL OR FARM OWNER OR LESSEE IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN FARM ANIMAL ACTIVITIES, INCLUDING AN EMPLOYEE OR INDEPENDENT CONTRACTOR, RESULTING FROM THE INHERENT RISKS OF FARM ANIMAL ACTIVITIES.
Unless announced otherwise, all payments for eligibility in major aged events that become due after the date of sale are the responsibility of Buyer, who should notify the proper association of new ownership.
Any Buyer who fails to obtain a pre-purchase examination does so at Buyer’s sole risk and is subject to indemnity obligations because all Horses, Foals-In-Utero and Vitrified Embryos are sold “AS IS, WHERE IS, WITH ALL FAULTS AND DEFECTS, WITHOUT EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY”.
All agree to save, HOLD HARMLESS and INDEMNIFY CANNON QUARTER HORSES, Michelle Cannon (an individual), and their respective agents, employees, members, managers, partners, directors, officers and/or any person or entity acting on their behalf from and against any and all liability, debt, claims, suits, losses, damages, causes of action, judgments, costs and expenses, including attorney fees, arising or allegedly arising from (i) personal injury or death of any person (including but not limited to employees of Cannon Quarter Horses) or any horse, including but not limited to any claims arising out of injuries or damages caused by the horse after the fall of the hammer, and (ii) property damage, including loss of use thereof, economic loss or otherwise.
Accordingly, it is understood and agreed that in no case shall the Cannon Quarter Horses be responsible for any loss, death, damage or injury of any character to any person, animal, article, or any personal property arising from or occurring prior to, during the sale or after the sale.
CONDITIONS OF SALE
The highest bidder shall become the Buyer. Cannon Quarter Horses reserves the right to reject any and all bids.
If a dispute should arise between or among two or more bidders, Cannon Quarter Horses shall settle the dispute, and our decision shall be absolute, final, and binding on all parties. Cannon Quarter Horses may reopen the bidding to all bidders with the highest bidder becoming the Buyer regardless of whether or not the final bid exceeds the bid which was originally disputed.
TITLE AND DELIVERY
Title passes to the Buyer automatically at the end of the auction which is the point in time where bidding has closed online on the particular lot. Delivery of a purchased Horse, Foal-In-Utero or Vitrified Embryo shall be contingent upon the Buyer making a full settlement to Cannon Quarter Horses .
Settlement for any purchase must be made in full and paid directly to the sale cashier within 48 hours. Payment to any other source is prohibited and is not recognized as settlement. Settlement for any purchase must be made for the full purchase price with U.S. Currency or with funds from a U.S. Bank in the form of a bank check, credit card, cash, certified check or travelers check, all of which must have been approved by Cannon Quarter Horses. Any person signing a check in the State of Texas is liable for the full amount of the check. Any party issuing a check returned as “insufficient funds” or “payment stopped” or “account closed” or issuing a check that shall for any reason not clearing the respectiove bank, is subject to being prosecuted to the full extent of the law and is further subject to all legal and equitable remedies, including interest, court costs and attorney fees.
After successfully winning a bid, all Buyers shall be responsible for the full purchase price, as stated, for the Horse, Foal-In-Utero or Vitrified Embryo. Buyers who fail in any respect whatsoever to make settlement shall be declared in default. Cannon Quarter Horses may bring suit against the party that is in default who shall be responsible for all costs, including attorney’s fees, incurred.
THERE IS NO WARRANTY, EXPRESS OR IMPLIED BY SOLO SELECT, SOLO PARTIES, OWNER/SELLER OR ANY REPRESENTATIVE THEREOF, AS TO THE SOUNDNESS, VIABILITY, PHYSICAL CONDITION, HEALTH, ABILITY TO INSURE, DISPOSITION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY HORSE, FOAL-IN-UTERO OR VITRIFIED EMBRYO OFFERED IN THIS SALE. All Horses, Foal-In-Utero or Vitrified Embryos are sold “AS IS, WHERE IS, WITH ALL KNOWN FAULTS AND DEFECTS LISTED IN DESCRIPTION”.
No Guarantees are made by Cannon Quarter Horses regarding pregnancy status, eventual foaling, or fertility of any horse offered for sale.
CATALOG AND ANNOUNCEMENTS
Cannon Quarter Horses does not assume any responsibility or liability for errors or omissions, or for any verbal or written statement regarding the horse sold.
All documents related to the Horse, Foal-In-Utero or Vitrified Embryo, if any, will be held by Cannon Quarter Horses until the Buyer’s payment is complete.
Buyer shall be solely responsible for obtaining the stallion breeders certificate if it is not one of Cannon Quarter Horses stallions.
The Cannon Auction Site allow you to, among other things use your computer or mobile device(s) to place bids and monitor live auctions.
Processing Payments for Auction Items
We use third-party credit card processors to process payments for auction items that you choose to make through the Services. To make this possible, your name, billing address and order total are shared via secure (encrypted) means with our third-party payment processors for the sole purpose of completing your order. Please note that your credit card information (number, expiration date, security code) is stored by the third party payment processor and not us. We have entered into agreements (including data processing agreements for our users) with our payment processors to protect and secure your information.
We may disclose information, including Personal Data, which we believe is appropriate to protect our rights, or to cooperate in investigations of fraud or other illegal or inappropriate activity or in response to a subpoena, court order or other comparable legal process. If a subpoena seeks information about an identified user or limited group of users, we’ll make reasonable business efforts, if permitted, to contact the user(s) before providing information to the party that requests it. We cannot guarantee that we will be able to contact the user(s) in all cases.
We may disclose Personal Data to your agent or legal representative (such as the holder of a power of attorney that you grant, or a guardian appointed for you) and may request identity verification before disclosing Personal Data in such a case.
The Site allows you to place bids, and monitor live auctions.
Registration and Privacy
To register with us and use the Site we require that you provide information, including your name, email address, username and password. If you provide any information that is untrue, inaccurate, not current or incomplete, or if you impersonate someone else, or we have reasonable grounds to suspect so, we may terminate your account and refuse any and all current or future use of the Site by you.
You must notify us immediately of any unauthorized use of your Account Information. We will not be responsible for any losses arising out of the unauthorized use of your account and you will indemnify and hold us harmless from and against any losses, damages, claims or liabilities relating to the improper, unauthorized or illegal uses of your account.
Use and Restrictions Content
All text, videos, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork and computer code are property of Cannon Quarter Horses.
You may not copy, reproduce, republish, post, publicly display, translate or distribute the Application or Content in any way, except as specifically authorized by the features and functions of the Services (such as posting to or sharing images with certain social media sites).
Links to Other Sites
The Application and Site contain links to other Cannon Quarter Horses web sites, and we provide links to third-party websites as part of the Services. These Linked Sites are provided solely as a convenience to you. Such Linked Sites are not under our control, and we are not responsible for and do not endorse the content of such Linked Sites, including any products, information or materials contained. You will need to make your own independent judgment regarding your interaction with these Linked Sites. Some of the content served by us will be from affiliated merchant sites.
You may not use the Site for illegal or unlawful or malicious activities or for activities that we deem improper for any reason whatsoever in our sole judgment. While using the Application, Site and Services, you may not impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use or provide any fraudulent, misleading or inaccurate information; defame, abuse, harass, stalk, intimidate, bully, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; access or use (or attempt to access or use) another user’s account without permission, or solicit another user’s login information; (d) transmit any software or materials that contain any viruses, worms, trojan horses, defects, or other items of a destructive nature.
Warranties, Disclaimers and Limitations of Liability
Disclaimer of Warranties
Your reliance upon the information available on the Site or through use of the Services and your interactions with third parties identified through the Services is SOLELY AT YOUR OWN RISK. The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet, mobile devices and electronic communications and mail delivery systems. We are not responsible for any delays, delivery failures or other damages resulting from such problems. We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site and Services, or any portion thereof; and (2) to interrupt the operation of the Site and/or provision of Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes, or to comply with laws.
Limitations of Liability
IN NO EVENT SHALL CANNON QUARTER HORSES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, OR THEIR RESPECTIVE CONTENT, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE SITE, OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE SITE, OR THE RESPECTIVE CONTENT, OR OTHERWISE ARISING OUT OF THE USE OR ACCESS OF THE SITE, WHETHER BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE SITE, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.
If you have a dispute with the Cannon Quarter Horses, you release Company (and its affiliates and subsidiaries, and its and their respective officers, directors, employees and agents) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
Consent to Electronic Notice
By using the Site, the Application or the Services, you agree that Company may communicate with you electronically regarding administrative, security and other issues relating to your use of the Site.
Term and Termination