Terms:
Cash,
Check, MasterCard, Visa, American Express or Discover.
A 3%
buyers premium on all credit cards.
Please
note: for persons paying by check, registration papers will
be held
no more than 21 days or until check clears.
Conditions of Sale
1. All horses offered at
auction are offered in accordance with the laws of the State
of Ohio, and the laws of the State of Ohio shall govern all
transactions related to this
auction.
2. Each horse offered in
this sale will be sold “AS IS”, with all faults, conditions
and defects, if any. Horses sold shall be without warranty,
expressed or implied, as to soundness, condition,
merchantability, or fitness for any particular purpose.
3. Every effort has been made to ascertain correct
information, and to print the same in the Sale Catalog;
however, the Auctioneer and Sales Management neither assumes
no accepts responsibility for errors, omissions, or
misstatements contained in the Sale Catalog. Announcements
at the time of auction will take precedence over material
contained in the catalog.
4. The auction sale is
“an auction with reserve”, that is, the owner shall have the
right to establish a reserve, a price under which the horses
will not be sold. The reserve in this auction shall be a
sealed reserve in which the owner has established the
reserve, if any, in writing prior to the offer of each
respective horse in the auction.
5. Horses shall be sold to the highest bidder, subject
to condition number 4. In the event any dispute arises
between or among two or more bidders, the Auctioneer shall
have the sole authority and right to settle the dispute, as
determined in the sole discretion of the Auctioneer and his
decision shall be final and binding on all parties. Bids
received after the fall of the hammer are not a basis for
dispute. The Auctioneer reserves the right to reject any
and all bids.
6. The Sales Management is not responsible for the
integrity of any bid made. In the event that a bid is not
honored, seller agrees not to hold Sales Management, the
Auctioneer and their agents and representatives
responsible. A recorded tape will be made of the entire
Sale, which shall be used to settle any disputes pertaining
to statements made concerning the horses offered for sale.
7. Upon the winning bid, risk of loss and responsibility
for the horse shall be upon the buyer.
8. Buyer agrees to issue payment through the auction
cashier within one (1) hour following the conclusion of the
auction sale. Upon buyer making satisfactory settlement for
the horse or horses purchased, a delivery order will be
issued by the auction clerk and given to buyer, so that
buyer may take possession of the horse or horses for which
settlement had been made. Sales Management will prohibit
removal of any horse or horses without properly signed
delivery order.
9. Buyer agrees to hold the Sales Management, The
Auctioneer, the AMHA and their agents and employees,
harmless from all losses, costs and expense, having to do
with or rising from illness, injury or death of any animal
offered or purchased, and any loss or damage to property and
injury to persons, including death, caused by buyer, buyers
agents, representatives or employees, or by the animal,
following buyers purchase of an animal.
10. Buyer or buyers designated representative shall
take possession, care, custody and control of any animal
purchased, immediately following buyer’s receipt of a
delivery order.
11. Notwithstanding, delivery of the horse purchased to
buyer, Sales Management will retain all registration papers
and transfers until payments have been verified, i.e. checks
have cleared buyer’s bank, etc. Upon verification of
payment, registration papers, along with properly executed
transfer of ownership reports, and any other pertinent
documents related to the animal purchased shall be prepared
and mailed to the buyer.
12. Settlement by buyer, or buyer’s representatives,
shall be made to the Sales Management cashier ONLY. Payment
to anyone other than the designated cashier shall not be
considered as settlement. Settlement for full purchase
price on each horse purchased shall be in the form of U.S.
currency, certified check, traveler’s check, or personal
check. ALL BUYERS AND PROSPECTIVE BUYERS MUST ESTABLISH
BUYER IDENTIFICATION PRIOR TO SALE.
13. Buyers who fail in any respect whatsoever to pay for
horses, as provided in the Conditions of Sale and/or
settlement procedures shall be declared in default. Any
horse, for which full and complete settlement is not made,
may be re-sold without notice to buyer, the cost of re-sale
to be borne by buyer. In the event of a re-sale, based on
buyer’s failure to complete settlement, buyer shall be
obligated to pay Sales Management all expenses incurred in
re-sale, together with any deficiency in the price obtained
upon re-sale. Sales Management and/or owner shall have the
right to bring suit against a defaulting buyer, in which
event, buyer shall be responsible for all cost, attorney
fees, expenses and loss incurred or resulting from buyers
default or enforcement of the obligations of buyer incurred
by executing a bid acknowledgement.
14. The Sales Management does not act as an agent for
either the seller or buyer, but merely provides an
environment in order to permit the binding together of an
agreement between seller and buyer for the purpose of
sale/purchase transactions. Any and all representation
concerning the horses presented are those of the seller, and
no action shall lie against Sales Management related to or
arising by reason of such representation.
15. All horses consigned to this sale have been required
to have a negative Coggins report within one (1) year from
the date of sale, and Health Certificate dated within 30
days of sale.
If you have questions
concerning these terms, shipping arrangements and/or the
items up for auction,
please contact Toni Reece at
ReeceRFM@aol.com