Judge Lanier Racing LLC Complete Dispersal of Race Horses
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: September 16, 2020 5:00 PM ET
Close: September 23, 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 MONDAY, September 28, 2020
Eligible for COVID-19 Financing
Terms and Conditions
PLEASE READ THE TERMS AND CONDITIONS OF SALE
If you do not agree with these Terms, do not use our Service.
Please read these Terms and Conditions carefully, as they will govern your use of ThoroughbredAuctions.com LLC website and auction services. Those who 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”) and the Judge Dispersal of Race Horses (“Seller”). When bidding on any horse offered by ThoroughbredAuctions.com LLC, the Buyer and Seller indicate acceptance of the following Terms and Conditions. Any participation in the auction binds you to 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 LLC website or auction services.
All horses sold are subject to the following Terms and Conditions which shall control the mutual, reciprocal duties among ThoroughbredAuctions.com LLC, the Seller and the Buyer.
The Bidder acknowledges that he or she has read the Terms and Conditions of Sale.
The Bidder acknowledges that in the event that the Bidder’s offer is accepted, that the Terms and Conditions of Sale shall be part of the sales contract.
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 of Sale 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. REFUSAL OF SERVICE: ThoroughbredAuctions.com LLC reserves the right to reject any bid or refuse to issue a bidding number to anyone for any reason.
4. TRANSACTION FEE: Buyers of horses in this auction will pay a Transaction Fee to ThoroughbredAuctions.com LLC in the amount of 7% of the total price of any horse or pony purchased. The Transaction Fee is added to the winning, final bid to establish the purchase price.
5. 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 LLC; c) to make any sale transaction for this entry through ThoroughbredAuctions.com LLC; 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.
6. 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.
7. REPRESENTATION OF B: There is no warranty expressed or implied by the sales company, auctioneer, sponsors, or Seller, as to the performing soundness, merchantability or fitness for any particular purpose of any horse offered in this sale. All horses are sold “AS IS” with all existing conditions and defects. ThoroughbredAuctions.com LLC Bloodstock LLC and Seller assume no responsibility whatsoever to anyone for blemishes, defects, the physical condition or health of any horse and makes no warranties or representations of any kind in the sale. THE BUYER HAS THE RESPONSIBILITY TO EXAMINE Horses BEFORE BIDDING.
Buyer agrees to hold ThoroughbredAuctions.com LLC Bloodstock LLC and Seller harmless from any claims arising out of any such inaccuracies or omissions.
8. REGISTRATION PAPERS - All registrations papers will be mailed to the Buyer or otherwise made available to the Buyer within twenty (20) business days of the Seller’s receipt of the final payment for the sale. The stallion certificate will be mailed to the Buyer.
9. COGGINS REPORT: Seller must provide a copy of a Negative Coggins Report drawn within 6 months prior to the end of the auction. ThoroughbredAuctions.com LLC may sell horses on a 12-month Coggins but this will be noted in the online sale catalog.
10. 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.
11. DISCLOSURES: Every effort has been made to assure correctness of the online sale catalog listing for each Horse, but ThoroughbredAuctions.com LLC is not responsible for errors or omissions and assumes no liability as to any such statements, either verbal or written regarding horses sold.
12. NO IMPLIED WARRANTIES: There is no warranty expressed or implied by ThoroughbredAuctions.com LLC 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.
13. 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.
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 five (5) days at no additional charge. Beyond five (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 LLC 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 LLC office by email with a written request to reverse the bid and the reasons for the request. Please be advised that ThoroughbredAuctions.com LLC 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 LLC will not reverse bids that have caused another bidder to be outbid. If Buyer bids on the wrong horse, ThoroughbredAuctions.com LLC will not reverse that bid. Please make sure to immediately review all bids. ThoroughbredAuctions.com LLC 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 five (5) business days after the sale is closed. Payment must be made to ThoroughbredAuctions.com LLC for all sales. ALL SALES ARE FINAL. Payment may be made in the form of MasterCard, Visa, or American Express credit cards, 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. In the event that that the buyer elects to use the COVID-19 Financing provided by the seller, the amount of payment made to ThoroughbredAuctions.com LLC shall be adjusted to reflect the financing.
18. RELEASE OF HORSE TO BUYER: A Horse will not be released to a Buyer until Buyer has made full payment for the horse and funds have been verified. In the event that that the buyer elects to use the COVID-19 Financing provided by the seller, the buyer must return the notarized Promissory Note to the seller with a copy to ThoroughbredAuctions.com LLC before the horse can be released. Once bidding concludes, and ThoroughbredAuctions.com LLC has collected payment from Buyer, ThoroughbredAuctions.com LLC will send to Seller a Buyer Confirmation Form (BCF). When Buyer or transporter arrive to pick up the horse, they will provide 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 LLC.
19. DEFAULT ON PURCHASE: If Buyer fails to pay for the horse in accordance with the terms of Paragraph 17 above, ThoroughbredAuctions.com LLC 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 legal action, 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 fee, if any. If the horse is not resold, defaulting party will pay to ThoroughbredAuctions.LLC an amount equal to the lost commission and transaction fee on based on the final bid price. Interest of 1-1/2% per month will be charged on the unpaid balance.
20. REGISTRATION PAPERS: All registration papers will be held by ThoroughbredAuctions.com LLC until all checks clear the bank (21 days), at which time they will be mailed to Buyer. NOTE: If Buyer desires to obtain papers immediately, the horse or horses must be paid for with bank wire, cash, credit card, cashier’s or Official Bank check.
21. BROODMARES: All mares that are selling as bred have been checked for pregnancy by a veterinarian prior to the sale and a statement of the results will be disclosed in the online sale catalog. No live foal guarantee or return privileges will accompany any mare sold in this auction. ThoroughbredAuctions.com LLC will mail the stallion service certificate to the Buyer of the mare.
22. NO GUARANTEE OF SERVICE: ThoroughbredAuctions.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 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.
23. PROHIBITED CONDUCT: ThoroughbredAuctions.com LLC, at its sole discretion, may ban from further use, any Buyer who has failed to abide by the Terms and Conditions, or engaged in any improper auction conduct as determined solely by ThoroughbredAuctions.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.
24. 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.
25. INDEMNITY: Buyer releases ThoroughbredAuctions.com LLC, Seller, Sale Managers, Auctioneers, employees and their representatives, from any and all responsibilities, liabilities, obligations, claims, lawsuits, or legal proceedings arising from the sale of any horse in this auction. If legal action is initiated against ThoroughbredAuctions.com LLC involving a horse in this auction, Buyer agrees to fully indemnify ThoroughbredAuctions.com LLC from such suit, including legal fees and costs incurred by ThoroughbredAuctions.com LLC.
26. APPLICABLE LAW: These Terms and Conditions shall be governed by the laws of the State of West Virginia.
27. LIMITS OF LIABILITY: ThoroughbredAuctions.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 ThoroughbredAuctions.com LLC for all claims, damages, or losses resulting from Buyer’s or Seller’s use of ThoroughbredAuctions.com LLC’s website or auction services, shall not exceed the amount of funds held by ThoroughbredAuctions.com LLC for the sale of a horse. ThoroughbredAuctions.com LLC reserves the right to reject or void bids, whether winning or not, that ThoroughbredAuctions.com LLC deems not to have been made in good faith, or that are restricted, prohibited, or taxed due to local laws. ThoroughbredAuctions.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. ThoroughbredAuctions.com LLC reserves the right to reopen bidding on any disputed bids or ties. ThoroughbredAuctions.com LLC reserves the right to postpone or cancel a sale without notice, if determined in our discretion that such action is appropriate. ThoroughbredAuctions.com LLC will neither have the liability nor obligation to the intended bidders as a result of any withdrawal, cancellation, or postponement of sale.
28. PUBLICATION OF SALE RESULTS: Buyer and Seller agree that ThoroughbredAuctions.com LLC may publish sale results.
29. ADDITIONAL TERMS AND CONDITIONS: The Terms and Conditions for the use of EDJE Auctions.com and ThoroughbredAuctions.com LLC Conditions of Sale for Buyers and Seller as stated on the auction website, are hereby incorporated by reference and made part hereof as though fully set forth herein.
30. 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 LLC, Seller and Buyer rely on hardware and software that may malfunction without warning.
31. NO AGENCY: Buyer, Seller and ThoroughbredAuctions.com LLC 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.
33. 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