Welcome to sporthorseauctions.com by SportHorseAuction.com LLC
SportHorseAuctions.com LLC combine 40 years of auction management experience in handling the sale transactions for over 80,000 horses together with the proven Online Auction technology provided by EDJE Auctions.
This is High Performance Marketing for the digital age.
|Auction Dates/Times:||Start: July 23, 2020 6:00 PM ET
Close: July 30, 2020 6:00 PM ET
SportHorseAuctions.com LLC produces ground breaking Internet Auctions for Sport pony & Ponies. This is an ALL ONLINE Auction where Buyers can do their shopping and Sellers can market from the comfort of home. More horses and ponies from motivated Sellers will be available. Buyers can set the price without long distance haggling.
For more information visit www.SportHorseAuctions.com
PAYMENT: Payment is due 1 (one) business day following the auction, no later than FRIDAY, JULY 31, 2020
TRANSACTION FEE: A Transaction Fee in the amount of 7% of the successful final bid of any pony or pony purchased will be added to the Final Bid price to determine the Total Price of the pony or Pony.
SALES TAX: Buyers residing in West Virginia will be required to pay West Virginia Sale Tax of 6% of the Total Price, unless Buyer is tax exempt and appropriate forms have been completed.
CURRENCY: All Transactions are in United States Dollars (USD)
Terms and Conditions
PURPOSE. The purpose of these Terms and Conditions is to: a) establish sale procedures; b) facilitate informed bidding; c) provide for orderly settlement of finances in completion of purchases; d) allocate rights, responsibilities, and risks; and e) provide for orderly dispute resolution.
2. AUCTION SITE USER AGREEMENT: Buyer agrees to these Terms and Conditions and affirm under penalties of perjury that all information furnished is true and correct. Buyer represents and agrees that he/she is of legal age and is competent to form a binding contract.
3. NO RESERVE AUCTION: This is a NO Reserve Auction. Each pony will sell to the highest bidder at or above the minimum opening bid of $500.
4. REFUSAL OF SERVICE: SportHorseAuctions.com LLC, www.sporthorseauctions.com, and/or the CVFC (Chincoteague Volunteer Fire Company) reserve the right to reject any bid or refuse to issue a bidding number to anyone for any reason.
5. REPRESENTATION OF PONY: CFVC (Chincoteague Volunteer Fire Company) makes no representation as to the parentage of any foal in the auction. CFVC will provide a certificate Auction winners with a certificate saying that they purchased a Chincoteague Pony from the Chincoteague Volunteer Fire Company. Color of the foals as listed is not guaranteed to be correct as the color is subject to interpertation of individuals.
6. TRANSACTION FEE: Buyers of horses in this auction will pay a Transaction Fee to SportHorseAuctions.com LLC in the amount of 7% of the total price of any pony or pony purchased. The Transaction Fee is added to the winning, final bid to establish the purchase price. This fee covers costs for electronic financial transactions and providing services for Buyer accounts.
7. BUYER’S UNDERSTANDING: By placing a bid in this auction, Buyer agrees: a) to be responsible for any purchase made or actions taken by an Agent authorized by Buyer to act on Buyer’s behalf; b) that registration to bid is not assignable without the express written approval of SportHorseAuctions.com LLC; c) to make any sale transaction for this entry through SportHorseAuctions.com LLC; d) that if he/she has the winning, final bid, Buyer has entered into a binding contract to purchase the horse.
8. BUYER’S RESPONSIBILITY: By placing a bid in this auction, Buyer is indicating he/she has researched or examined a pony to their satisfaction.
9. NO IMPLIED WARRANTIES: There is no warranty expressed or implied by SportHorseAuctions.com LLC, sponsors, or CVFC, as to the performing soundness, merchantability or fitness for any particular purpose of any pony offered in this sale, other than those made specifically by CVFC. ALL PONIES ARE SOLD “AS IS” WITH ALL EXISTING CONDITIONS AND DEFECTS.
10. TRANSPORTATION FROM CVFC TO BUYER: Buyer is responsible for the cost and arrangements for transportation of the pony from CVFC to Buyer. Immediately after the end of the auction. Buyer shall contact CVFC to schedule transportation for the horse.
11. RELEASE OF PONY TO BUYER: CVFC shall not release a pony to a Buyer until Buyer has made full payment for the pony and funds have been verified. Once bidding concludes, and SportHorseAuctions.com LLC has collected payment from the Buyer, SportHorseAuctions.com LLC will send to CVFC and the Buyer, a Buyer Confirmation Form (BCF). When Buyer or transporter arrives they will show CVFC their copy of the BCF to confirm payment. Buyer or transporter will sign CVFC’s copy of the BCF and e-mail or fax it to SportHorseAuctions.com LLC.
12. RISK AND RESPONSIBILITY FOR PONY: Buyer assumes all risk, responsibility and expense for the pony at the end of bidding. CVFC agrees to provide basic care for up to 5 days at no additional charge. Beyond 5 days, Buyer will be responsible to pay for board, at a cost determined by CVFC, plus any other expenses that may be required to maintain the pony until Buyer takes possession or has the pony picked up from CVFC. SportHorseAuctions.com LLC recommends Buyer obtain Full Mortality Insurance on ponies immediately after purchase, however, this decision and risk rest solely with Buyer.
13. BIDDING ERRORS: Buyer should make sure to review all bids before and after submitting. If Buyer mistakenly increases his/her own bid, places his/her bidder number in the bid field, or makes a gross error, Buyer must immediately contact the SportHorseAuctions.com LLC office by email with a written request to reverse the bid and the reasons for the request. Please be advised that SportHorseAuctions.com LLC may not be able to reverse a Buyer’s bid in which case Buyer will remain the high bidder. SportHorseAuctions.com LLC will not reverse bids that have caused another bidder to be outbid. If Buyer bids on the wrong horse, SportHorseAuctions.com LLC will not reverse that bid. Please make sure to immediately review all bids. SportHorseAuctions.com LLC will not reverse bids after the auction has begun to close. There will be NO exceptions.
14. SALES TAX: Buyers residing in West Virginia will be required to pay West Virginia Sale Tax of 6%, unless exempt and appropriate forms have been completed.
15. PAYMENT BY BUYER: Once bidding is closed, an invoice will be emailed to Buyer. Payment in full must be made by midnight, July 31, 2020, (within one (1) day after the sale is closed). Payment must be made to SportHorseAuctions.com LLC for all sales. ALL SALES ARE FINAL. Payment may be made in the form of MasterCard, Visa, or American Express credit cards, cash, or bank wire transfer. In no case may any part of the purchase price be paid directly to the CVFC by the Buyer, as such payment shall not be valid or entitle the buyer to obtain the pony.
16. DEFAULT ON PURCHASE: If Buyer fails to pay for the pony in accordance with the terms of Paragraph 14 above, the pony will be offered to the underbidder or resold by SportHorseAuctions.com LLC.
Chincoteague Volunteer Fire Company reserves the right to ban, or otherwise sanction any defaulting purchaser.
SportHorseAuctions.com LLC or CVFC shall have the right to bring legal action, in which event Buyer agrees to pay all cost of such suit together with reasonable attorney’s fees as awarded by the court. In the event of re-sale, the defaulting Buyer agrees to pay all costs of re-sale and price deficiency, if any. Buyer further agrees to pay any deficiency in the commission and buyer’s premium, if any. Interest of 1-1/2% per month will be charged on the unpaid balance.
Buyer expressly agrees to allow SportHorseAuctions.com LLC and Chincoteague Volunteer Fire Company to publish their name as a defaulting bidder.
17. COGGINS REPORT: CVFC will provide a Negative Coggins Report for each foal.
18. HEALTH CERTIFICATES: Buyer is responsible for obtaining any Interstate Health Certificate and/or International Import or Export papers that may be necessary for transportation of the horse.
19. NO GUARANTEE OF SERVICE: SportHorseAuctions.com LLC, and EDJEAuctions.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 or CVFC’s requirements or be uninterrupted or error-free. EDJEAuctions.com (EDJE Technologies, Inc.) does not guarantee real-time performance of any service or that it will execute all online or absentee bids.
20. PROHIBITED CONDUCT: SportHorseAuctions.com LLC, at its sole discretion, may ban from further use, any Buyer who SportHorseAuctions.com LLC believes to have in any way misrepresented itself or any horse, failed to abide by the Terms and Conditions, or engaged in any improper auction conduct as determined solely by SportHorseAuctions.com LLC. Any buyer who improperly fails to carry through with a purchase will be banned from any further use and may be subject to additional legal actions.
21. REFUNDS: In the event that a refund or partial refund is made to Buyer for the purchase price of an entry, the refund shall be made in the same manner that payment was made.
22. APPLICABLE LAW: These Terms and Conditions shall be governed by the laws of the State of West Virginia.
23. BINDING ARBITRATION: BY VIRTUE OF THE FOLLOWING ARBITRATION PROVISIONS, ALL CVFCS AND BUYERS, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT THAT THEY MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION ARISING FROM OR CONNECTED WITH THE PURCHASE OR SALE OF A pony AND THE USE OF SportHorseAuctions.com LLC’S WEBSITE AND AUCTION SERVICES.
A. Claims involving Buyer and CVFC: Any dispute or controversy between Buyer and CVFC that cannot be resolved informally by agreement, shall be settled finally, completely and conclusively by binding arbitration, by an arbitrator chosen in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Arbitration shall be initiated by submitting a Demand for Arbitration to the American Arbitration Association, which can be found at www.adr.org. The arbitration shall take place in Jefferson County, West Virginia, unless mutually agreed otherwise. A decision of the arbitrator shall be final, conclusive and binding on the parties, and judgment may be entered thereon to enforce such decision and the benefits thereof. Any arbitration held in accordance with this paragraph shall be private and confidential, and no person shall be entitled to attend the hearings except the arbitrator, the stenographer (if one is requested), the parties and the attorneys for the parties and/or representatives designated by the parties. The matters submitted for arbitration, the hearings and proceedings thereunder and the arbitration award shall be kept and maintained in strictest confidence by the parties and shall not be discussed, disclosed or communicated to any person except as required by law or as necessary to enforce rights thereunder. On request of any party, the record of the proceeding shall be sealed and may not be disclosed except insofar, and only insofar, as may be necessary to enforce the award of the arbitrators and any judgment enforcing such award. In the arbitrator’s discretion, the prevailing party shall be entitled to recover reasonable and necessary attorney fees and the costs of arbitration from the non-prevailing party. Should Buyer prevail in the arbitration of a dispute and thereafter wish to return the pony and receive a refund, all fees associated with the sale become immediately due and payable to SportHorseAuctions.com LLC from CVFC. If Buyer gives notice of a dispute hereunder or refuses to pay for a pony because of a claim of misrepresentation, fraud or failure to disclose any of the specified conditions set forth in Paragraph 8 above, SportHorseAuctions.com LLC, in its sole discretion, may elect not to pay CVFC the net proceeds of the sale of the horse(s) in question until the claim has been finally resolved and the proceeds of the sale have been received by SportHorseAuctions.com LLC. Should a party fail or refuse to cooperate upon a demand for arbitration, the non-cooperative party shall be declared the defaulting party by the arbitrator.
B. Claims Involving SportHorseAuctions.com LLC: If a dispute should arise between CVFC and SportHorseAuctions.com LLC or Buyer and SportHorseAuctions.com LLC, all claims, disputes, controversies, differences or other matters in question arising out of SportHorseAuctions.com LLC’s relationship to any party in the matters stated in these Terms and Conditions and all other matters in which SportHorseAuctions.com LLC has provided any type of services at any time, whether or not those matters are encompassed within this document (including, but not limited to compensation for fees, expenses and/or commissions) shall be settled finally, completely and conclusively by binding arbitration in Jefferson County, West Virginia, by a single arbitrator chosen in accordance with the Commercial Arbitration Rules of the American Arbitration Association. SportHorseAuctions.com LLC reserves its right to seek all legal and equitable remedies, including but not limited to civil or criminal judicial relief, in order to enforce or foreclose its security interest, to recover horses sold and not paid for in full and/or collect payment for horses. Arbitration shall be initiated by submitting a Demand for Arbitration to the American Arbitration Association, which can be found at www.adr.org. A decision of the arbitrator shall be final, conclusive and binding on the parties, and judgment may be entered thereon to enforce such decision and the benefits thereof. Any arbitration held in accordance with this paragraph shall be private and confidential, and no person shall be entitled to attend the hearings except the arbitrator, the stenographer (if one is requested), the parties and the attorneys for the parties and/or representatives designated by the parties. The matters submitted for arbitration, the hearings and proceedings thereunder and the arbitration award shall be kept and maintained in strictest confidence by the parties and shall not be discussed, disclosed or communicated to any person except as required by law or as necessary to enforce rights thereunder. On request of any party, the record of the proceeding shall be sealed and may not be disclosed except insofar, and only insofar, as may be necessary to enforce the award of the arbitrators and any judgment enforcing such award. The prevailing party shall be entitled to recover reasonable and necessary attorney fees and the costs of arbitration from the non-prevailing party.
24. INDEMNITY: Buyer and CVFC shall INDEMNIFY AND HOLD HARMLESS SportHorseAuctions.com LLC from any and all liability, debt, claims, suits, losses, damages, causes of action, judgments, costs and expenses, including attorney fees, incurred by SportHorseAuctions.com LLC.
25. LIMITS OF LIABILITY: SportHorseAuctions.com LLC shall not be liable for lost profits or any incidental, special or consequential damages whatsoever arising out of or in connection with any sale or transaction. The total liability of SportHorseAuctions.com LLC for all claims, damages, or losses resulting from Buyer’s or CVFC’s use of SportHorseAuctions.com LLC’s website or auction services, shall not exceed the amount of funds held by SportHorseAuctions.com LLC for the sale of a horse. SportHorseAuctions.com LLC reserves the right to reject or void bids, whether winning or not, that SportHorseAuctions.com LLC deems not to have been made in good faith, or that are restricted, prohibited, or taxed due to local laws. SportHorseAuctions.com LLC is the one and only judge regarding the determination of winning bidders, is the single deciding authority if a dispute should arise, and accepts no liability for any errors or omissions. SportHorseAuctions.com LLC reserves the right to reopen bidding on any disputed bids or ties. SportHorseAuctions.com LLC reserves the right to postpone or cancel a sale without notice, if determined in our discretion that such action is appropriate. SportHorseAuctions.com LLC will neither have the liability nor obligation to the intended bidders as a result of any withdrawal, cancellation, or postponement of sale.
26. PUBLICATION OF SALE RESULTS: Buyer and CVFC agree that SportHorseAuctions.com LLC may publish sale results.
27. ADDITIONAL TERMS AND CONDITIONS: The Terms and Conditions for the use of EDJE Auctions.com and SportHorseAuctions.com LLC Conditions of Sale as stated on the auction website, are hereby incorporated by reference and made part hereof as though fully set forth herein.
28. INTERFERENCE: Buyer and CVFC agree not to use any device, software or routine to interfere with or attempt to interfere with the functioning of or any transaction being conducted on and during the online auction sale. Buyer and CVFC acknowledge that this auction is conducted electronically and SportHorseAuctions.com LLC, CVFC and Buyer rely on hardware and software that may malfunction without warning.
29. NO AGENCY: No agency, partnership, joint venture, employee- employer, or franchiser-franchisee relationship is intended or created by these Terms and Conditions.
31. 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.
Charles Town, WV