EQUINE ONLINE AUCTION, LLC CONDITIONS OF SALE TERMS : WARRANTIES , BUYING PROCEDURE – SETTLEMENT FOR ALL EQUINE ONLINE AUCTION , LLC LIVE AUCTIONS , ONLINE VIDEO AUCTIONS & TIMED AUCTIONS.
LIMITATIONS OF LIABILITY - Equine Online Auction, LLC is an independent contractor engaged in the business of conducting online timed consignment sales of horses and is recognized as “sale management”. These sales provides a public means via live, online video and/or timed auctions, to bring together a buyer and a seller for the purpose of completing the sale of a specified horse. Equine Online Auction , LLC holds no ownership interest in any horse offered for sale, and is not 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. In the event of any legal dispute between a buyer and owner, Equine Online Auction, LLC will fill the position of agent for a disclosed principal and will be discharged from all obligation upon delivery of any property and/or funds held, to a court having jurisdiction of such dispute EACH HORSE OFFERED IN THIS SALE IS SOLD “AS IS'' AND WITH ALL DEFECTS. OWNERS, BIDDERS AND BUYERS CONSENT TO RECEIVE ELECTRONIC MESSAGES PERTINENT TO ANY AND ALL AUCTION BUSINESS VIA TEXT, EMAIL AND PHONE WHICH MAY BE SENT THROUGH BUT NOT LIMITED TO AN AUTOMATIC SYSTEM FROM EQUINE ONLINE AUCTION, LLC AND ITS AFFILIATES. Furthermore - Equine Online Auction, LLC a Missouri Corporation. All transactions and disputes are governed by Missouri Law.
BUYER REGISTRATION & PRE-SALE PURCHASE ARRANGEMENTS - Every potential buyer must pre-register prior to bidding. EQUINE ONLINE AUCTION, LLC RESERVES THE RIGHT TO ACCEPT OR REJECT ANY REQUEST FOR BUYER OR OWNER PARTICIPATION ON EQUINE ONLINE AUCTION'S ONLINE TIMED AUCTION. Non-US Bidders – buyers are welcome. To participate please note US funds and a form of positive identification are necessary. ALL PAYMENTS MUST BE MADE DIRECTLY TO " Equine Online Auction". Methods of payment accepted from all buyers are:
1. US Bank wire transfer (HIGHLY RECOMMENDED)
2. Mastercard, Visa, Discover & American Express
* A CONVENIENCE FEE OF 3% WILL BE CHARGED FOR ALL CREDIT CARD PURCHASES, TO BE PAID BY THE BUYER AS PART OF THE PURCHASE PRICE.
A 1.5% office processing/buyers transaction fee will be added to the final bid for any horse purchased to determine the total purchase price. As a bidder if you win an auction you are required to make all payment arrangements with Equine Online Auction,LLC the within 48 hours of the end of the auction, contact the seller and make all necessary transport arrangements with the seller of the horse. Equine Online Auction, LLC is not responsible for making transport arrangements.
ALL ONLINE DISPLAYED HORSE INFORMATION ANNOUNCEMENTS AND ERRORS ALL HAVE BEEN PROVIDED BY THE OWNER AND HAVE NOT BEEN VERIFIED BY EQUINE ONLINE AUCTION,LLC - The accuracy of all information regarding all horses is the sole responsibility of the owner. While certain information may have been procured by Equine Online Auction, LLC from third parties on behalf of the owner, it is nonetheless solely the responsibility of the owner to verify the accuracy of ALL information. Equine Online Auction, LLC OR any representative thereof, assumes any responsibility or liability for errors or omissions, or for any verbal or written statement regarding the horse sold. If a prospective buyer is not sure about the displayed information regarding a horse up for bidding, he should immediately consult with the owner.
WARRANTIES & EXPRESSED LIMITED WARRANTIES - BUYERS ARE ENCOURAGED TO PRE-INSPECT AND ARE CAUTIONED TO CAREFULLY EXAMINE ANY HORSE PRIOR TO BIDDING OR PURCHASING - Potential buyers, at own expense, have the option to have a veterinary examination performed on any horse prior to the close of bidding. Owner’s permission must be obtained prior to any any examination. BUYERS CANNOT HAVE WHAT IS KNOWN AS A COMPLETE PRE-SALE VETERINARY EXAMINATION OF THE HORSE AFTER PURCHASE. There is no warranty, express or implied, by Equine Online Auction , LLC or any representative as to the soundness, condition, merchantability or fitness for any particular purpose of any horse offered for sale. It is the position of Equine Online Auction, LLC that all horses are sold “AS IS'' with all existing conditions and defects. Any guarantees announced verbally on behalf of the owner are strictly between owner and buyer. In addition to speaking with the sellers, the prospective buyers have the option to go and test ride any horse before they bid. BEFORE the auction ends is the time to go test the horses , NOT after you win an auction.
48 HOUR RULE, BUYERS CANNOT HAVE A VETERINARIAN PERFORM WHAT IS KNOWN AS , "A COMPLETE PRE-SALE EXAMINATION" OF ANY HORSE AFTER PURCHASE.
OWNER'S RIGHT TO BID -This auction is conducted “with reserve”, which means, the right to bid is reserved by the owner. To protect the desired sale price for the horse. Equine Online Auction , LLC reserves the right to bid on the behalf of the owner up to the amount of the reserve bid. If the owner or its representative makes a final bid equal to or greater than the reserve, the owner will pay the 11% sale commission due.
BIDDING PROCESS, DISPUTES & MALFUNCTIONS -Equine Online Auction , LLC reserves the right to reject any bids. Should any dispute arise between two or more bidders, Equine Online Auction , LLC shall settle said dispute and that decision shall be absolute, final and binding on all parties. In the event of equipment malfunction, the auction will be stopped. If the malfunction has not affected the sale of horses sold prior to the malfunction, they will be considered sold. The auction will proceed upon correction of the malfunction. When bidding on a horse as bidder you have the option to compete in the auction and place one bid at a time or just put in a maximum bid and allow the bid software to bid the lowest amount possible on your behalf each time you are outbid. Each auction will have a scheduled end time & date but be aware that during the last 10 minutes of the auction that 2 minutes will be added to the clock every time that a bid is placed so that there is no chance of a last-second “sniper” bid which is common on some bidding sites as time expires.
TITLE AND RISKS - Title transfers are to be immediately to the buyer at the final and winning bid. Title transfer includes all risk of loss including but not limited to illness, injury or death of the horse. Additionally, at title transfer, the buyer assumes all responsibility for the care and maintenance of the horse, for any loss or damage to property and for injury or death of persons caused by the horse, buyer or buyer’s employees. Additionally, the buyer agrees not to hold Equine Online Auction , LLC liable for any such loss or damage. TITLE AND RISKS ARE ASSUMED BY THE BUYER WHETHER OR NOT SETTLEMENT AND DELIVERY HAVE BEEN MADE. THIS SHALL ESPECIALLY BE THE CASE WITH PURCHASES MADE BY PHONE OR ONLINE.
DEFAULT - Buyers who fail in any respect whatsoever to pay for any horse under these terms shall be declared in default. Any horse purchased by a defaulter may be resold by the seller at public or private sale without notice for the buyer's account. Costs of such resale will be those of the defaulter. Should such resale fail to satisfy the defaulter’s account in full, the defaulter will immediately pay to the seller, the amount owing or be subject to legal suit. The defaulter will be responsible for all costs, including attorney’s fees incurred by seller or Equine Online Auction , LLC in collection of amounts owing for horse(s) purchased, or in enforcement or interpretation of this term of sale.
LIEN & SECURITY INTEREST - To secure the payment of the purchase price and expenses for any horse purchased, together with all other indebtedness owed or hereafter owing by the buyer to seller the buyer hereby grants a purchase money security interest and lien in and to each horse and all accounts, contract rights, registration papers, breeder’s certificates, records, general intangibles, proceeds and products relating thereto.
TRANSFERS & REGISTRATION CERTIFICATES - NO REGISTRATION CERTIFICATES FOR PURCHASED HORSES WILL BE RELEASED UNTIL PAYMENT IS RECEIVED AND CLEARED. THERE IS ABSOLUTELY NO EXCEPTION TO THIS RULE. ALL PAPERWORK WILL BE HELD BY SELLER UNTIL BUYER’S PAYMENT BECOME A SETTLED PAYMENT.
POST SALE REMOVAL - All sold horses must be removed from the sellers property in a timely fashion as agreed between SELLER and BUYER. Sold Horses on the sellers property remain at the risk, responsibility, and expense of the buyer. Any delays in TRANSPORT must be pre-approved by the seller OR You may pick up your purchase in person. Each seller will be able to work with the buyers TO ARRANGE TRANSPORTATION at buyers expense with a TRANSPORT company if needed, to any state or Canada. International TRANSPORT is also an option at buyers expense.