Terms of Sale – Congress Super Sale
FIRST – The 2022 Congress Super Sale is held in conjunction with the All American Quarter Horse Congress. Buyer hereby
acknowledges that The Ohio Quarter Horse Association, hereinafter referred to as “OQHA”, and Professional Horse
Services. LLC, hereinafter referred to as “PHS. LLC” are not responsible for the warranties of the Consignor. Hereinafter,
OQHA and Professional Horse Services, LLC, collectively, shall be referred to as “Sale Management”.
SECOND - Horses are offered for sale according to the laws of the State of Ohio. Rights of consignors to bid are reserved
unless otherwise announced.
THIRD - There is no warranty expressed or implied by the sales management, auctioneer, sponsors, owner or
consignor, as to the performing soundness, merchantability or fitness for any particular purpose of any horse
offered in this sale, other than those made specifically by the consignor. All horses are sold “as is” with all existing
conditions and defects, except as set forth below in conditions 12, 13, 14 & 15.
FOURTH - A - Terms of sale are cash and payment in full must be made within 1 hour of the completion of the
auction. Absentee Bidders must pre-register and make advance payment to PROFESSIONAL HORSE SERVICES,
LLC, and agree to pay all applicable fees. Pay the cashier in all cases. Method of payment shall be Cash, Cashier’s or
Certified Check, Personal Check (with picture identification, such as driver’s license), Traveler’s Checks or MasterCard,
Visa, or American Express. Foreign credit cards cannot be accepted. NO BANK DRAFTS. Checks must be made payable
to PROFESSIONAL HORSE SERVICES, LLC. A Buyer’s Premium of 3.5% will be added to the purchase price. The
Buyer’s Premium will be discounted for the part of purchases paid by cash or check. ALL winning online bids will be charged a 5% Online Buyer's Premium regardless of payment method. Online bidders making final payment by credit/debit card will be charged an additional 3.5%. In no case may any part of the purchase price be paid directly to the consignor by the purchaser and such payment shall not be valid or entitle the buyer to obtain the horse. Foreign Buyers must pay with a check drawn on a U.S. Bank, American Currency or International Money Order. Buyer agrees not to stop payment on check for any reason. A fee of $50.00 will be charged on any check that is returned. Ohio Sales Tax of 7.5% will be charged on all purchases unless buyer is properly exempt.
FOURTH - B - Congress Super Sale Yearling Sale Stakes. To be eligible for the Congress Super Sale Yearling Sale Stakes
classes, a yearling must be entered in the Yearling Sale Stakes session and be offered through the sale ring. To remain
eligible to show in the Yearling Sale Stakes classes the buyer must pay the sustaining fee of $250 by 2 pm. Sunday,
October 16, 2022. For a yearling that is not sold to remain eligible, the seller must pay a commission of 9% of the final bid
in the sale ring, plus the sustaining fee of $250 by 2 pm. Sunday, October 16, 2022.
FIFTH - Bidding Procedure: The person making the highest bid recognized by the Auctioneer shall be the buyer. The
Auctioneer shall immediately present the buyer with a document entitled Acknowledgement of Purchase for signature.
Should such presentation not be made prior to commencement of bidding on the next lot offered, the buyer shall forthwith
identify himself/herself to auctioneer as buyer and sign Acknowledgement of Purchase. In the event that a person other than
the recognized buyer signs the Acknowledgement of Purchase, such action shall not give such other person any right or
title, and immediately that such erroneous signing of the Acknowledgement of Purchase becomes known to the auctioneer,
he shall cause the Acknowledgement of Purchase to be presented to the recognized buyer for signature. If the highest
bidder fails to immediately execute the Acknowledgement of Purchase or otherwise fails to comply with the Conditions of
Sale, or in the event of a mistake by the Auctioneer, Professional Horse Services, LLC reserves the option to re-sell the
animal and such resale shall terminate all obligations of PHS, LLC and consignor to honor any bid. The Auctioneer has the
right to decline any bids made by parties who have defaulted in former purchases or by persons, who in his judgment, are not
responsible bidders. Minimum acceptable advances in bidding are $50 up to $1,000 and $100 thereafter. There shall be a
minimum opening bid price of $500 on any horse offered. If an opening bid of $500 is not received the horse shall be led from
the sale ring as unsold.
SIXTH - RESERVE AUCTION - This is a Reserve Auction, unless otherwise announced for a specific horse. The right of the
seller to bid on their own horse, through the auctioneer or otherwise, is expressly reserved. The auctioneers and P.H.S. LLC
or it’s representatives, reserve the right to bid, whether on behalf of a Seller for any minimums or reserves, as well as for their
own personal purchase.
SEVENTH - BUYERS ASSUME ALL EXPENSES AND RISKS ON HORSES AFTER THEY HAVE BEEN STRUCK DOWN TO THEM. Upon receiving payment for the horse the cashier will issue a receipt. Buyer must present their copy of the receipt to security at the time the horse is removed from the grounds. All horses must be removed from sale stalls by 9 pm.
Sunday, October 16. Failure to remove the horse for any reason will obligate the buyer to pay all costs associated with
board and transportation of the horse. Buyer is responsible for the care of the horse immediately after the fall of the hammer.
EIGHTH - All registration papers will be withheld by the sale management until all checks clear the bank (approximately 21 days) at which time they will be mailed, with completed transfer reports to AQHA for Quarter Horses, and to the buyer for other breeds. NOTE: If any buyer desires to obtain papers immediately, horses must be paid for with cash or cashier’s check.
NINTH - IF ANY PERSON SHALL PURCHASE A HORSE AND NOT PAY FOR IT AS PRESCRIBED ABOVE, the sale
management or consignor shall have the right to resell the horse, or at their option, bring legal action in which event buyer
agrees to pay all cost of such suit together with reasonable attorney fees as fixed by the court. In the event of resale the
defaulting buyer agrees to pay all costs of resale and price deficiency, if any. Interest of 1-1/2% per month will be charged on
the unpaid balance of any account not paid for as set forth in these conditions.
TENTH - Every effort has been made to assure correctness of the catalog but the sale management, djj Pedigrees, LLC, and
auctioneers are not responsible for errors or omissions and assume no liability on the part of the seller as to any such statements, either verbal or written regarding horses sold. All statements and corrections at the sale will supersede the
ELEVENTH - The Sale Management, auctioneers and staff do not act for or represent the buyer or seller, but merely provide a
medium for bringing together the buyer and seller for the purpose of sales transactions. Professional Horse Services, LLC.
and sales personnel assume no responsibility whatsoever to anyone for blemishes, defects, the physical condition or health of
any horse and makes no warranties or representations of any kind in the sale. The Consignor hereby specifically waives all
implied warranties of fitness and merchantability. ALL RESPONSIBILITY FOR REPRESENTATIONS LIES BETWEEN THE CONSIGNOR AND THE BUYER.
TWELFTH - As to horses descended from the stallion, IMPRESSIVE, AQHA Registration No. 0767246, if they have been tested for HYPP (“Hyperkalemic Periodic Paralysis”), the results of the test, if disclosed to Professional Horse Services, LLC, are shown with the other information concerning the horses. If such horses have not been so tested, the designation “Not tested
for HYPP” is disclosed along with the other information concerning the particular horse.
THIRTEENTH - Broodmares are guaranteed only to have been bred to stallions as indicated. No guarantee is made of
pregnancy status or eventual foaling unless made specifically by consignor. No return privileges or live foal guarantees
accompany mares unless stated by consignor with proof in writing of such agreement issued by stallion owner. Each
broodmare selling as bred to a stallion will have been examined by a veterinarian within 10 (ten) days of the Sale Date and
reported at the sale as “in foal”, “open or barren”, or “bred” (meaning an insufficient amount of time has passed to determine
pregnancy). Any purchaser of a broodmare sold in this sale may have the mare examined by an acceptable
veterinarian within 12 hours after the start of the session in which the horse sells and before the horse leaves the
sale premises. Any broodmare so examined whose pregnancy or breeding soundness status is found not to be as
represented at the time of sale, may be returned to the consignor as unsold, and the consignor shall pay veterinarian’s fee for
FOURTEENTH - Consignor has the responsibility to notify the sales management in writing prior to the sale of any unsoundness of any nature known to him and they will be announced at time of sale. Consignor also warrants that horse is not suffering from any contagious or infectious diseases and has not been given drugs to alter soundness or temperament; and agrees to disclose if any drug or medication is being administered to the horse for the maintenance of any condition. BUYER HAS THE RIGHT TO HAVE A LIMITED VETERINARY EXAMINATION WITHIN 12 HOURS OF THE START OF THE SALE AND BEFORE THE HORSE LEAVES THE SALE PREMISES. If a qualified veterinarian finds the horse not to be sound for the advertised purpose, and presents a certificate stating such to PHS, LLC. within the 12 hour period, the consignor will accept the return of horse as unsold and hereby authorizes Professional Horse Services, LLC to refund the purchase price. This examination will be limited to moving the horse for soundness on riding horses, and checking the reproductive tract on
breeding horses, as well as checking for conditions as stated in Condition Fifteenth. Positive reaction to flexion tests and hoof
testers does not constitute unsoundness, if the horse is moving sound. These tests should be a part of a pre-purchase
examination. THE BUYER HAS THE RESPONSIBILITY TO EXAMINE HORSES BEFORE BIDDING.
FIFTEENTH - The consignor has the responsibility to notify the sales management in writing prior to the sale of the fact that the horse is a cribber, a weaver, unsound of eyes or wind, a cryptorchid, monorchid or ridgling, parrot mouthed, has had
major surgery or a serious illness, has been nerved, has foundered prior to this Sale, has a lameness due to
navicular disorder, osteoarthritis of a joint or other bone abnormality, or a neurological disorder including but not
limited to EPM or wobbles, and these conditions must be stated in the catalog or announced when the horse is sold. If a
buyer discovers such a condition in the horse which was not stated to the sales management by the consignor, as required
and specified above, and NOT disclosed at the time of the sale, and the horse has such a condition at the time of sale, and if
the buyer delivers to Professional Horse Services, LLC a WRITTEN STATEMENT FROM A QUALIFIED VETERINARIAN
within five (5) days of the date of the sale establishing the existence of the condition in detail, the consignor agrees to
accept the return of the horse and hereby authorizes Professional Horse Services, LLC. to refund the purchase price.
SIXTEENTH - If the consignor disputes the diagnosis by the buyer’s veterinarian for conditions stated in Condition Fifteenth
above, that were not stated in the catalog or disclosed before the horse was sold, then PHS, LLC. may appoint an equine
veterinarian of its choice to determine the condition of the horse. The examination of the appointed veterinarian shall be limited to the disputed condition. The appointed veterinarian may inspect the horse and may apply such diagnostic testing and procedures as deemed to be appropriate. The appointed veterinarian may also confer with the consignor and the buyer and the buyer’s veterinarian, and may review available veterinary medical history including conferring with prior veterinarians having knowledge of the horse, and may review the report and supporting information supplied by the buyer’s veterinarian. The decision of the appointed veterinarian shall be final in all respects and PHS, LLC. shall allow or disallow the rejection of the horse by the buyer consistent with the opinion of the appointed veterinarian. The buyer has the duty to present the horse for examination with the appointed veterinarian in cooperation with the veterinarian’s schedule and has the duty to provide board, necessary farrier and veterinary care, and transportation until the dispute is resolved. The appointed veterinarian shall be within a reasonable proximity to the buyer. If rejection by the buyer is allowed by PHS, LLC, the consignor shall pay the cost of services of the appointed veterinarian and the buyer may recover from consignor any direct costs related to care of the horse. Risk of loss passes back to consignor immediately upon notice of decision by PHS,LLC to allow rejection by the buyer and consignor shall immediately make arrangements to take possession of the horse.
SEVENTEENTH - In the event a horse is returned to the consignor in accordance with the conditions 12, 13, 14 & 15, the
consignor agrees to pay all reasonable costs involved with the sale and return of the horse, including transportation,
board and appropriate sale fees. If legal action is initiated by any party, for any horse entered in this auction, the Seller
and Buyer, jointly and severally, agree to indemnify Professional Horse Services, LLC, from such suit including legal fees
and all related costs incurred by Professional Horse Services, LLC.
EIGHTEENTH - The sale management shall not be bound by any oral or written agreement or alleged agreement varying
from these CONDITIONS OF SALE between the buyer and the consignor unless agreed to by the sale management,
and any controversy or claim between the buyer and the seller arising under any such agreement shall be a matter for
NINETEENTH - Buyers and spectators ar-e cautioned to be careful while on the grounds and particularly while horses are
being sold or shown in the sale ring. OQHA (Ohio Quarter Horse Association), the officers, staff and employees of
OQHA, and Professional Horse Services, LLC. and its staff and employees, are not responsible for accidents, injuries or
loss of property.
TWENTIETH - Admission to the premises constitutes your agreement to be photographed, filmed, videotaped or otherwise
recorded in connection with the shows and sales and other events at the All American Quarter Horse Congress and
related activities and your agreement that your likeness and voice may be broadcast, distributed or displayed in
connection with any promotion created from these events without any compensation being paid to you. The taking of
photographs and the making of drawings or paintings of the Congress Super Sale and related activities are permitted for
personal use only. All commercial uses are prohibited without the express written consent of OQHA.
TWENTY-FIRST - Ohio Exposition Center assumes no responsibility for the sale.
Online Bidders! Please note that when you register to bid, a $1000 preauthorization will be placed on the credit/debit card that you register with! This is NOT a charge, just a preauthorization. Some mobile banking apps will send out an alert that indicates a charge causing registered bidders to panic. Please don't! This is a preauthorization that will fall off as if it was never there (if you open your banking app, you'll see that it is listed as "pending"). It is a good faith authorization to ensure our registered bidders are real people with intentions of paying for any winning bids!