TERMS & CONDITIONS - ONLINE STALLION SERVICE AUCTION PURCHASE CONTRACT
National Halter Horse Association Stallion Service Auction conducted by Professional Horse Services, LLC:
- Each breeding will be sold to the high bidder.
- Payment is due within three (3) days end of bidding in auction, which is February 12, 2016.
- Breeding is to be consummated in 2016.
1. AGREEMENT: a) I represent and agree that I am of legal age to form a binding contract. b) I (hereinafter, referred to as Buyer) agree to these terms and conditions, and swear that all the information furnished is true and correct. c) Buyer agrees to be responsible for any purchase made or actions taken by an Agent authorized by me to act on my behalf, d) Buyer agrees that this registration to bid is not assignable without the express written approval of Professional Horse Services, LLC e) Buyer agrees to make any sale transaction for this entry through Professional Horse Services, LLC f) Buyer agrees that if they have the winning, final bid, or accepted bid in auction subject to Seller Confirmation, the Buyer has entered into a binding agreement to purchase the breeding.
2. BUYER’S RESPONSIBILITY: By placing a bid in this auction Buyer is indicating they have researched a stallion for breeding to their satisfaction. Prior to Bidding, Buyers are encouraged to ask the seller of the breeding for additional information. All responsibility for execution of this agreement lies between the stallion owner and the buyer. Buyer agrees to abide by the terms of the stallion owner's breeding contract.
4. TRANSPORTATION FROM SELLER TO BUYER: Buyer is responsible for cost and arrangements for transportation of semen from Seller to Buyer unless otherwise stated. All transported cooled semen fees and collection fees will go to the owner of the stallion.
5. RELEASE OF BREEDING TO BUYER: Seller shall not release a the breeding to a Buyer until Buyer has made full payment for the breeding and funds have been verified. Once bidding concludes, and Professional Horse Services, LLC has collected payment from the Buyer, Professional Horse Services, LLC will send a Buyer Confirmation Form (BCF) to the Seller.
6. BIDDING ERRORS: You should make sure to review all bids before and after submitting. If you mistakenly increase your own bid, place your bidder number in the bid field, or make a gross error you must immediately contact the Professional Horse Service office by email (we must have your request in writing). We may not be able to reverse your bid. You must remain the high bidder. Be aware of increasing your own bids.... some bidders increase their own bid to price an item out of reach of other bidders. We will not reverse bids that have caused another bidder to be outbid. If you bid on the wrong item we will not reverse your bid. Please make sure to immediately review your bid. We will not reverse bids after the auction has begun to close, there will be NO exceptions.
7. BUYER'S PREMIUM: Buyers of breedings in this auction will pay a Buyer's Premium to Professional Horse Services, LLC in the amount of 5% of the total price of any breeding purchased. This premium covers costs for electronic financial transactions and providing services for Buyer accounts.
8. PAYMENT BY BUYER: At the conclusion of the auction an invoice will be emailed to Buyer. Terms of sale are cash and payment in full must be made within (3) banking days after the sale is closed. Pay Professional Horse Services, LLC in all cases. ALL SALES FINAL. Payment may be made in the form of MasterCard, Visa or American Express credit cards, cash, bank wire transfer, official bank check, or valid traveler’s checks. In no case may any part of the purchase price be paid directly to the stallion owner by the Buyer, as such payment shall not be valid or entitle the buyer to obtain the breeding.
9. DEFAULT ON PURCHASE: If any person shall purchase a breeding and not pay for it as prescribed above, Professional Horse Services, LLC and/or the National Halter Horse Association shall have the right to resell the breeding 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. Information regarding defaulting purchase shall be provided to the Foundation.
10. NO GUARANTEE OF SERVICE: Professional Horse Services, LLC, and EDJE Auctions.com (EDJE Technologies, Inc.) do not guarantee or covenant that the Auction technology, the EDJEAuctions.com site or any related services will meet Buyer’s requirements or be uninterrupted or error-free. EDJE Auctions.com (EDJE Technologies, Inc.) does not guarantee real-time performance of any service or that it will execute all online or absentee bids.
11. INDEMNITY: Buyer releases Professional Horse Services, LLC, Sale Managers, Auctioneers, employees and its representatives, and the National Halter Horse Association from any and all responsibilities, liabilities, obligations, claims, law suits, or legal proceedings arising from the sale of any item in this auction including, but not limited to a stallion service, product or service.
12. ADDITIONAL TERMS AND CONDITIONS: The Terms and Conditions for the use of EDJE Auctions.com and Professional Horse Services, LLC Conditions Of Sale for buyers as stated on the auction web site, are hereby incorporated by reference and made part hereof as though fully set forth herein.
14. SEVERABILITY: If any provision or portion of a provision of this agreement is held to be invalid or unenforceable for any reason, such provision or portion of a provision shall be struck and the remaining provisions shall be enforced.