R.D. Hubbard Complete Thoroughbred Dispersal
ThoroughbredAuctions.com 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. Please contact ThoroughbredAuctions.com at 866-652-7789 or email us at for assistance.
|Auction Dates/Times:||Start: July 21, 2020 5:00 PM ET
Close: July 28, 2020 5:00 PM ET
This is an ALL ONLINE Auction where Buyers can do their shopping and Sellers can market from the comfort of home. For more information visit www.ThoroughbredAuctions.com.
PAYMENT: Payment is due 3(three) business days following the auction, no later than FRIDAY, July 31, 2020
METHOD OF PAYMENT: Credit Card or Bank Wire Transfer
TRANSACTION FEE: A Transaction Fee in the amount of 7% of the successful final bid of any horse purchased will be added to the Final Bid price to determine the Total Price of the horse.
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.
Terms and Conditions
Please read these Terms and Conditions carefully, as they will govern your use of ThoroughbredAuctions.com LLC’s (“ThoroughbredAuctions.com”) website and auction services.
Those who consign and bid are bound by these Terms and Conditions, as amended by any posted notices, which together form the contract of sale between the successful bidder (“Buyer”), ThoroughbredAuctions.com, and the Seller (“Seller”). When consigning or bidding on any horse offered by ThoroughbredAuctions.com, the Buyer and Seller indicate acceptance of the following Terms and Conditions. Any participation in the auction binds you to agreement of these Terms and Conditions, whether or not you read or understand said Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, you may not use the ThoroughbredAuctions.com website or auction services.
All horses are sold are subject to the following Terms and Conditions which shall control the mutual, reciprocal duties among ThoroughbredAuctions.com, the Seller and the Buyer.
1. 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 and Seller agree to these Terms and Conditions and affirm under penalties of perjury that all information furnished is true and correct. Buyer and Seller represent and agree 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. The right of the Seller to bid on his/her own horse is expressly reserved.
4. REFUSAL OF SERVICE: ThoroughbredAuctions.com and www.ThoroughbredAuctions.com reserve the right to reject any bid or refuse to issue a bidding number to anyone for any reason.
5. TRANSACTION FEE: Buyers of horses in this auction will pay a Transaction Fee to ThoroughbredAuctions.com in the amount of 7% of the total price of any horse 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.
6. 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 ThoroughbredAuctions.com; c) to make any sale transaction for this entry through ThoroughbredAuctions.com; d) that if he/she has the winning, final bid, or accepted bid in auction subject to Seller Confirmation, Buyer has entered into a binding contract to purchase the horse.
7. BUYER’S RESPONSIBILITY: By placing a bid in this auction, Buyer is indicating he/she has examined or researched a horse to their satisfaction. Prior to Bidding, Buyer may: a) ask Seller for additional information; b) make an appointment with Seller to examine the horse at Seller’s facility; c) arrange with Seller to have a licensed veterinarian perform a pre-purchase examination; or d) hire an agent or equine professional to inspect and evaluate the horse.
8. SELLER’S REPRESENTATION OF HORSE: Seller is solely responsible for the correct, accurate and honest representation of the horse in the entry form, including the description, disclosure form, horse information, riding and training sections of this submission, as well as in communication with potential or eventual buyers. Some representations on disposition and handling are the opinion of the Seller and given only as an indication of the horse’s capability. Buyer should inspect, examine and research horse to their satisfaction. Seller is solely responsible for the accuracy of all information that appears in the online sale catalog and previews. Seller and Buyer agree to hold ThoroughbredAuctions.com harmless from any claims arising out of any such inaccuracies or omissions. Seller is responsible for disclosing the following conditions, which must be stated in the online sale catalog: If the entry is a cribber, weaver, is unsound of eyes or wind, has a parrot mouth, is a cryptorchid or ridgling, has had major surgery or a serious illness, has been nerved or has a lameness due to navicular disorder, ringbone, osteoarthritis, founder prior to the sale, bone abnormality prior to sale, or neurological disorder prior to the sale, including, but not limited to, EPM or wobbles. Seller must disclose if a broodmare has undergone either a caesarean section delivering a fetus, or surgery involving the cervix, or an urethral extension, or the removal of an ovary which must be stated in the online sale catalog In the event that a horse is rejected due to Seller’s failure to disclose conditions as required by Paragraph 8, Seller shall be responsible for arranging and paying for return transportation of the horse. Additionally, Seller shall be responsible for paying ThoroughbredAuctions.com LLC the commission on the sale of the horse. Seller is solely responsible for the accuracy of all information that appears in the online sale catalog and previews. Buyer agrees to hold ThoroughbredAuctions.com harmless from any claims arising out of any such inaccuracies or omissions.
9. BUYER’S RIGHT TO LIMITED POST-PURCHASE EXAMINATION: Buyer has the right to have a licensed veterinarian perform a limited post-purchase examination, at Buyer’s expense, to determine if any of the issues in Condition 8 of the Consignment Contract were not disclosed. The examination must be done within five (5) business days from the end of the auction and before the horse leaves the Seller’s facility. This examination will be limited to moving the horse for soundness on riding horses or show horses of any type, and checking the reproductive tract on breeding horses. 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. A horse sold with one or more of the issues described in Condition 8, which was not disclosed at the time of sale, can be rejected by Buyer upon the following conditions: a) ThoroughbredAuctions.com’s receipt of a statement from a licensed veterinarian establishing the existence of the undisclosed condition; b) within five (5) business days of the end of the auction; and c) before the horse leaves the Seller’s facility. If a sale is rejected, the horse will remain the property of Seller.
10. NO IMPLIED WARRANTIES: There is no warranty expressed or implied by ThoroughbredAuctions.com, sponsors, or Seller, 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 Seller. ALL HORSES ARE SOLD “AS IS” WITH ALL EXISTING CONDITIONS AND DEFECTS. ALL RESPONSIBILITY FOR REPRESENTATIONS LIES BETWEEN THE SELLER AND THE BUYER.
11. DRUGS AND MEDICATION: Seller agrees that this entry will not be given any drugs to alter soundness or temperament during this auction, including for presentation in videos, inspection by potential buyer, examination by veterinarian or delivery to Buyer. If the entry must receive any medication as a result of an injury or illness, to protect the welfare of the entry or maintenance of any condition, this information must be provided to ThoroughbredAuctions.com and be stated in the description and disclosed in the online sale catalog. Buyer has the right to have a licensed veterinarian draw a blood sample prior to the auction or within three (5) business days of the end of the auction and before the horse leaves the Seller’s facility. If the buyer makes a claim of misrepresentation of soundness or attitude and the entry tests positive for a drug that could mask such a problem after the horse leaves the Seller’s facility, the entry can be rejected by Buyer and returned at Seller’s expense. Notification of a claim by Buyer under this Condition must be made to ThoroughbredAuctions.com within seven (7) days of the date of the sale, by a written statement from a licensed veterinarian, explaining the diagnosis of any unsoundness or explaining the behavior problem and how the drug(s) found in the drug screen could mask the unsoundness or behavior problem. Any net funds for the horse in the possession of ThoroughbredAuctions.com will be held pending the results of the blood screen and the veterinarian’s written statement.
12. TRANSPORTATION FROM SELLER TO BUYER: Buyer is responsible for the cost and arrangements for transportation of the horse from Seller to Buyer. Immediately after the end of the auction, Buyer shall contact Seller to schedule transportation for the horse.
13. RELEASE OF HORSE TO BUYER: Seller shall not release a horse to a Buyer until Buyer has made full payment for the horse and funds have been verified. Once bidding concludes, and ThoroughbredAuctions.com has collected payment from the Buyer, ThoroughbredAuctions.com will send to Seller a Buyer Confirmation Form (BCF). When Buyer or transporter arrives they will show Seller their copy of the BCF to confirm payment. Buyer or transporter will sign Seller’s copy of the BCF and e-mail or fax it to ThoroughbredAuctions.com.
14. RISK AND RESPONSIBILITY FOR HORSE: Buyer assumes all risk, responsibility and expense for the horse at the end of bidding or, if sold pending confirmation by Seller, upon confirmation of selling price by Seller. Seller agrees to provide basic board and 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 Seller, plus any other expenses that may be required to maintain the horse until Buyer takes possession or has the horse picked up from Seller. ThoroughbredAuctions.com recommends Buyer obtain Full Mortality Insurance on horses immediately after purchase, however, this decision and risk rest solely with Buyer.
15. 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 ThoroughbredAuctions.com office by email with a written request to reverse the bid and the reasons for the request. Please be advised that ThoroughbredAuctions.com may not be able to reverse a Buyer’s bid in which case Buyer will remain the high bidder. Be aware of increasing your own bids.... some bidders increase their own bid to price a horse out of reach of other bidders. ThoroughbredAuctions.com will not reverse bids that have caused another bidder to be outbid. If Buyer bids on the wrong horse, ThoroughbredAuctions.com will not reverse that bid. Please make sure to immediately review all bids. ThoroughbredAuctions.com will not reverse bids after the auction has begun to close. There will be NO exceptions.
16. 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.
17. PAYMENT BY BUYER: Once bidding is closed, an invoice will be emailed to Buyer. Payment in full must be made within three (3) business days after the sale is closed. Payment must be made to ThoroughbredAuctions.com Bloodstock, 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 Seller by the Buyer, as such payment shall not be valid or entitle the buyer to obtain the horse.
18. DEFAULT ON PURCHASE: If Buyer fails to pay for the horse in accordance with the terms of Paragraph 17 above, ThoroughbredAuctions.com or Seller shall have the right to re-sell the horse or 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 transaction fees, if any. Interest of 1-1/2% per month will be charged on the unpaid balance.
If the horse is not resold, defaulting party will pay to ThoroughbredAuctions.com LLC an amount equal to the lost commission and transaction fee on based on the final bid price.
Defaulting buyer expressly allows ThoroughbredAuctions.com LLC to disclose or publish their name as a defaulting buyer.
19. PRIVATE SALES: Once a Seller lists a horse with ThoroughbredAuctions.com, private sales before or after the auction are prohibited. Seller and Buyer understand and agree that all private sales outside the auction will be subject to commission and consignment fees as follows:
(a) If Seller sells an entry prior to the opening of bidding for the auction and fails to make the sale transaction through ThoroughbredAuctions.com, Seller agrees to pay ThoroughbredAuctions.com a commission of 15% (fifteen percent) of the actual selling price, in addition to the consignment fee.
(b) If Seller withdraws an entry after listing a horse with ThoroughbredAuctions.com and sells to a customer who is a registered bidder, has a login account, or a customer who is generated by ThoroughbredAuctions.com, Seller agrees to pay ThoroughbredAuctions.com a commission of 12% (twelve percent) of the actual selling price, in addition to the consignment fee.
(c) If Seller does not sell an entry in the auction, but within 30 days of the close of the auction sells to a customer who is a registered bidder, has a login account, or a customer who is generated by ThoroughbredAuctions.com, Seller agrees to pay ThoroughbredAuctions.com LLC a commission of 12% (TWELVE percent) of the actual selling price, in addition to the consignment fee.
20. REGISTRATION PAPERS: All registration papers will be held by ThoroughbredAuctions.com and mailed to the Buyer no later than THIRTY (30) days following the close of the auction. Buyer agrees that under no circumstances will the registration papers be delivered by the Seller directly to Buyer or Buyer’s representative.
21. COGGINS REPORT: Seller must provide a copy of a Negative Coggins Report, with markings or photos, drawn within 12 (twelve) months prior to the end of the auction.
22. 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. 23. BROODMARES: All mares selling as bred, must be checked for pregnancy by a licensed veterinarian within ten (10) days prior to listing for a sale and a statement of results of this examination must be provided to ThoroughbredAuctions.com. If a mare is known to be carrying twins, it must be disclosed. Any Buyer of a broodmare may have the mare examined by a licensed veterinarian before the horse leaves Seller’s facility. Any broodmare so examined whose pregnancy status is found not to be as represented in the online sale catalog, may be returned to the Seller as unsold, and Seller shall pay veterinarian’s fee for examination. If the broodmare’s pregnancy status is found to be as represented in the online sale catalog, Buyer shall pay the veterinarian’s fee for this examination. Any Seller offering mares as being bred must furnishThoroughbredAuctions.com with a written Stallion Service Certificate or proof of release of the Jockey Electronic Stallion Service Certificate. 24. NO GUARANTEE OF SERVICE: ThoroughbredAuctions.com, 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 Seller’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. 25. PROHIBITED CONDUCT: ThoroughbredAuctions.com, at its sole discretion, may ban from further use, any Buyer or Seller who ThoroughbredAuctions.com 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 ThoroughbredAuctions.com. Any Seller who misrepresents their horse(s) and 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.
26. WITHHOLDING FUNDS: Buyer agrees that ThoroughbredAuctions.com shall not be required to remit to Seller or Buyer, the net proceeds of the sale of any entry which is the subject of a dispute or claim by the Buyer, for misrepresentation, fraud, or breach of warranty, until such dispute or claim is resolved and the proceeds of the sale have been received by ThoroughbredAuctions.com. The responsibility to resolve such a dispute or claim lies between the Seller and the Buyer. Notwithstanding any other provision hereof, should a dispute arise between the Seller and the Buyer, ThoroughbredAuctions.com may retain its fees and costs and may hold in escrow the balance of any proceeds of sale in its possession, as well as any titles or registration papers, pending a resolution of the dispute. Any and all legal fees and costs incurred by ThoroughbredAuctions.com may be deducted by ThoroughbredAuctions.com from the net proceeds of sale still in their possession. Otherwise, the Seller and Buyer shall be jointly and severally liable for the same upon demand. 27. 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.
28. APPLICABLE LAW: These Terms and Conditions shall be governed by the laws of the State of West Virginia.
29. BINDING ARBITRATION: BY VIRTUE OF THE FOLLOWING ARBITRATION PROVISIONS, ALL SELLERS 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 HORSE AND THE USE OF ThoroughbredAuctions.com’S WEBSITE AND AUCTION SERVICES.
A. Claims involving Buyer and Seller: Any dispute or controversy between Buyer and Seller 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 horse and receive a refund, all fees associated with the sale become immediately due and payable to ThoroughbredAuctions.com from Seller. If Buyer gives notice of a dispute hereunder or refuses to pay for a horse because of a claim of misrepresentation, fraud or failure to disclose any of the specified conditions set forth in Paragraph 8 above, ThoroughbredAuctions.com, in its sole discretion, may elect not to pay Seller 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 ThoroughbredAuctions.com. 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 ThoroughbredAuctions.com: If a dispute should arise between Seller and ThoroughbredAuctions.com or Buyer and ThoroughbredAuctions.com, all claims, disputes, controversies, differences or other matters in question arising out of ThoroughbredAuctions.com’s relationship to any party in the matters stated in these Terms and Conditions and all other matters in which ThoroughbredAuctions.com 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. ThoroughbredAuctions.com 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.
30. INDEMNITY: In the event Seller misrepresents or fails to disclose any fault, defect or condition of a horse sold or offered for sale, or in the event any of Seller’s representations or warranties are incomplete or inaccurate in any way, Seller shall INDEMNIFY AND HOLD HARMLESS ThoroughbredAuctions.com LLC from any and all liability, debt, claims, suits, losses, damages, causes of action, judgments, costs and expenses, including attorney fees, incurred by ThoroughbredAuctions.com as a result of Seller’s misrepresentation(s) and/or failure(s) to disclose.
31. LIMITS OF LIABILITY: ThoroughbredAuctions.com 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 ThoroughbredAuctions.com for all claims, damages, or losses resulting from Buyer’s or Seller’s use of ThoroughbredAuctions.com’s website or auction services, shall not exceed the amount of funds held by ThoroughbredAuctions.com for the sale of a horse. ThoroughbredAuctions.com reserves the right to reject or void bids, whether winning or not, that ThoroughbredAuctions.com deems not to have been made in good faith, or that are restricted, prohibited, or taxed due to local laws. ThoroughbredAuctions.com 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. ThoroughbredAuctions.com reserves the right to reopen bidding on any disputed bids or ties. ThoroughbredAuctions.com reserves the right to postpone or cancel a sale without notice, if determined in our discretion that such action is appropriate. ThoroughbredAuctions.com will neither have the liability nor obligation to the intended bidders as a result of any withdrawal, cancellation, or postponement of sale.
32. PUBLICATION OF SALE RESULTS: Buyer and Seller agree that ThoroughbredAuctions.com may publish sale results.
33. ADDITIONAL TERMS AND CONDITIONS: The Terms and Conditions for the use of EDJE Auctions.com and ThoroughbredAuctions.com Conditions of Sale for Buyers and Sellers as stated on the auction website, are hereby incorporated by reference and made part hereof as though fully set forth herein.
34. INTERFERENCE: Buyer and Seller 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 Seller acknowledge that this auction is conducted electronically and ThoroughbredAuctions.com, Seller and Buyer rely on hardware and software that may malfunction without warning.
35. NO AGENCY: Buyer, Seller and ThoroughbredAuctions.com are all independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms and Conditions.
37. 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