TERMS & CONDITIONS - INTERNET AUCTION CONTRACT -
TERMS LISTED BELOW APPLY TO BOTH SELLER AND BUYER — Professional Horse Services, LLC.
Please read these Terms and Conditions carefully, as they will govern your use of Professional Horse Services, LLC’s (PHS, LLC) website and auction services. Those who consign and bid are bound by these Terms and Conditions and the Consignment Contract, as amended by any posted notices, which together form the contract of sale between the successful bidder (“Buyer”), PHS, LLC and the consignor (“Seller”). When consigning or bidding on any horse offered by PHS, LLC, 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 PHS, LLC website or auction services. All horses are sold are subject to the following Terms and Conditions which shall control the mutual, reciprocal duties among PHS, LLC, the Seller and the Buyer.
The 2020 Congress Super Sale is an online auction produced by Professional Horse Services, LLC for the Ohio Quarter Horse Association. Buyer hereby acknowledges that The Ohio Quarter Horse Association, hereinafter referred to as “OQHA”, and Professional Horse Services. LLC, hereinafter referred to as “PHS, LLC” are not responsible for the warranties of the Consignor. Hereinafter, Professional Horse Services, LLC, collectively, shall be referred to as “Sale Management”.
Congress Super Sale Yearling Sale Stakes. To be eligible for the Congress Super Sale Yearling Sale Stakes classes, a yearling must be entered in the Yearling Sale Stakes session and be offered through the Internet auction bidding process. To remain eligible to show in the Yearling Sale Stakes classes the Buyer must pay the sustaining fee of $250 by Wednesday, October 21, 2020. For a yearling that is not sold to remain eligible, the Seller must pay a commission of 9% of the final bid in the sale ring, plus the sustaining fee of $250 by Wednesday, October 21, 2020.
1. PURPOSE: The purpose of these Terms and conditions are 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. 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 PHS, LLC. e) Buyer agrees to make any sale transaction for this entry through PHS, 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 horse.
3. BUYER’S RESPONSIBILITY: By placing a bid in this auction Buyer is indicating they have examined or researched a horse to their satisfaction. Prior to Bidding, Buyers may a) ask Seller for additional information, b) make an appointment with Seller to examine the horse at Seller’s property, c) arrange with Seller to have a veterinarian perform a pre-purchase examination, or d) hire an agent or equine professional to inspect and evaluate the horse. THE BUYER HAS THE RESPONSIBILITY TO RESEARCH AND EXAMINE HORSES AND INFORMATION CAREFULLY BEFORE BIDDING.
4. PAYMENT BY BUYER - Once bidding is closed an invoice will be emailed to Buyer. Payment in full must be made within (3) banking days after the sale is closed, by Wednesday, October 21, 2020. Pay PROFESSIONAL HORSE SERVICES, LLC in all cases. Payment may be made in the form of MasterCard, Visa, American Express or Discover credit cards, bank wire transfer, cashier’s or certified check, or valid traveler’s checks. Checks must be made out to PROFESSIONAL HORSE SERVICES, LLC. 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. A charge of $50.00 will be made on any check that is returned. Buyer agrees not to stop payment on check for any reason.
5. BUYER TRANSACTION FEE - Buyers of horses in this auction will pay to PHS, LLC in the amount of 3.5% of the total price of any horse purchased. This fee covers costs for electronic financial transactions. This fee will be discounted for purchases paid for by Cashier’s Check, Wire Transfer, or cash.) This fee covers costs for electronic financial transactions. The Seller is not responsible for this fee.
6. SALES TAX - Ohio residents are required to pay Ohio Tax of 7.5% of the Total Price and Virginia residents are required to pay Virginia Sales Tax of 6% of the Total Price, unless Buyer is Tax Exempt and appropriate forms have been completed.
7. DEFAULT ON PURCHASE - If any person shall purchase a horse and not pay for it as prescribed above, PHS, LLC or consignor shall have the right to resell the horse 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.
8. CATALOG INFORMATION - Every effort has been made to assure correctness of the printed and Internet catalogs but the sale management, djj Pedigrees, LLC, and auctioneers are not responsible for errors or omissions and assume no liability on the part of the seller as to any such statements, either verbal or written regarding horses sold. All statements and corrections at the sale will supersede the catalog.
9. NO IMPLIED WARRANTIES: There is no warranty expressed or implied by the Sale Management, 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 the Seller. Except as stated in Conditions 11, 12, 13, 14, and 15, ALL HORSES ARE SOLD “AS IS” WITH ALL EXISTING CONDITIONS AND DEFECTS. RESPONSIBILITY FOR THE REPRESENTATION OF THE HORSE LIES BETWEEN THE SELLER AND THE BUYER.
10. REPRESENTATION OF HORSE: Seller is responsible for the correct representation of this entry 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. Representations may include, but are not limited to training, disposition, soundness for the advertised purpose, vices, age, height, etc. Seller is solely responsible for the accuracy of all information that appears in the online sale catalog and previews. Seller agrees to review the information once it is posted and to notify PHS,LLC of any inaccuracy or omission which may be material and further agrees to hold PHS, LLC and OQHA harmless from any claims arising out of any such inaccuracies or omissions. Seller has a continuing duty to respond to the buyer after the sale, in the event of a dispute over Seller’s representation of this entry. Seller and Buyer may be subject to Conditions 29 and 30 if the Buyer makes a dispute or claim as stated in that Condition. Buyer and Seller agree to hold PHS, LLC harmless from any claims arising out of any such inaccuracies or omissions. continuing duty to respond to the Buyer after the sale, in the event of a dispute over Seller’s representation of this entry.
11. DISCLOSURES - Seller agrees to notify PHS,LLC in writing and prior to the sale, of any unsoundness or defects of any kind, including altered tails, and hereby authorize PHS,LLC to state them in the online catalog. Seller agrees to notify PHS,LLC if this entry is suffering from any contagious or infectious diseases. PHS,LLC must be specifically notified if the entry has any of the following conditions, which must be stated in the online catalog, if this 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, has received joint injections for lameness or maintenance or has a chronic lameness, regardless of cause, or a lameness due to navicular disorder, ringbone, osteoarthritis, founder prior to the sale or other bone abnormality or neurological disorder including, but not limited to, EPM or wobbles. Mares and stallions will be exempt from the lameness provision as stated above, if they are represented and sold for breeding purposes only.
12. BROODMARES: Broodmares are guaranteed only to have been bred to stallions as indicated. No guarantee is made of pregnancy status or eventual foaling unless made specifically by consignor. No return privileges or live foal guarantees accompany mares unless stated by consignor with proof in writing of such agreement issued by stallion owner. For mares selling as bred, a veterinarian must check the mare for pregnancy within ten (10) days prior to listing for this sale and a statement of this examination must be provided to PHS, LLC If a mare is known to be carrying twins, it must be disclosed. Any purchaser of a broodmare sold in this sale may have the mare examined by an acceptable veterinarian within five (5) business days from the end of the auction and before the horse leaves the seller’s premises. Any broodmare so examined whose pregnancy status is found not to be as represented in the sale catalog, may be returned to the Seller as unsold, and the seller shall pay veterinarian’s fee for examination. Any Seller offering mares as being bred with a live foal guarantee or return privileges must furnish PHS, LLC or Buyer, with written acknowledgement of this agreement signed by the stallion owner (or an authorized agent) that such privileges will be honored. If the stallion owner withholds the breeder’s certificate until the foal is born, the Seller must furnish a letter, signed by the stallion owner (or an authorized agent), that such certificate is free of any additional costs and indicate how the mare owner will obtain the certificate.
13. 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 PHS, LLC and be disclosed in the online catalog. Buyer has the right to have a licensed veterinarian draw a blood sample within five (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, the entry can be rejected by the buyer and returned at the Seller’s expense. Notification of a claim by the Buyer under this Condition must be made to Professional Horse Services, LLC within seven (7) days of the date of the sale, by a written statement from a qualified equine veterinarian explaining the diagnosis of any unsoundness or explaining the behavior problem. Any net funds for the horse in the possession of PHS will be held pending the results of the blood screen.
14. HYPP STATUS: For horses descended from the Quarter Horse stallion IMPRESSIVE, (AQHA Reg. No. 076724): 1.) If horse has been tested for HYPP (“Hyperkalemic Periodic Paralysis”), the Seller shall notify PHS, LLC of the results of such test and the results will be stated in the catalog. If not shown on AQHA registration papers, proof of HYPP Status MUST BE sent to PHS, LLC with the entry form. 2.) If a horse has not been tested for HYPP the seller shall notify PHS, LLC of that fact and it will be stated in the catalog.
15. BUYER’S RIGHT TO LIMITED POST-PURCHASE EXAMINATION - Buyer has the right to have a veterinarian perform a limited post-purchase examination, at Buyer’s expense, to determine if any of the issues in Condition 4 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. Radiographs, flexion tests and the use of hoof testers are allowed in a pre-purchase examination, but not in the limited post-purchase exam. If a performance or show horse, or prospect for such, is found to be lame at the time of the examination, the sale of the horse can be rejected without further diagnosis. Any purchaser of a broodmare sold in this sale may have the mare examined by an acceptable veterinarian as a part of this limited post-purchase exam as stated in Condition 11. A horse sold with one or more of the issues described herein and in Condition 10, which was not disclosed at the time of sale can be rejected by the buyer, upon receipt of a statement from a qualified veterinarian, establishing the existence of the condition, within 5 business days of the date of sale and before the horse leaves the Seller’s facility. If a sale is rejected, the horse will remain the property of Seller.
16. BIDDING: The person making the highest bid recognized by the Auctioneer shall be the buyer. If the highest bidder fails to fails to comply with the Conditions of Sale, or in the event of a mistake by the Auctioneer, Professional Horse Services, LLC reserves the option to re-sell the animal and such resale shall terminate all obligations of PHS, LLC, OQHA and consignor to honor any bid. PHS, LLC has the right to decline any bids made by parties who have defaulted in former purchases or by persons, who in their judgment, are not responsible bidders.
17. INTERNET BIDDING PROCEDURE & EXTENDED BIDDING: Bidding will open and close at a specific time and date, which is listed for each auction. Bidding on lots will close every 3 minutes. A SOFT CLOSE bidding system is used. If bids are received within the last 3 minutes on the countdown timer on a horse, an additional 3 minutes will be added on that lot. Only after a 3 minute period passes with no additional bidding will the bidding close. A bidder may place individual bids. Alternatively, a Bidder may place maximum (proxy) bids where they declare the maximum dollar amount they want to bid, and the computer will bid on their behalf until they have successfully purchased the horse or the asking price exceeds the amount of their maximum bid.
18. BIDDING ERRORS: You should make sure to review all bids before and after submitting. If you mistakenly place your bidder number in the bid field, or make a gross error you must immediately contact the PHS, LLC 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. 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.
19. RESERVE AUCTION: This is a Reserve Auction, unless otherwise announced for a specific horse. The right of the seller to bid on their own horse, through the auctioneer of otherwise, is expressly reserved. The PHS, LLC reserves the right to bid, whether it is on behalf of a Seller for any minimums or reserves, as well as for their own personal purchase.
20. DEFINITION OF SELLING OPTIONS:
• Sell with NO RESERVE or Minimum Price: Will sell to the highest bidder.
• Sell at or above a Minimum Starting Bid: Will sell to the highest bidder that meets or bids higher than any minimum opening bid.
• Sell with an undisclosed Minimum Price: Minimum Price not posted. The Seller determines the lowest bid that will be accepted. The bid will be placed in the EDJE auction system, which will automatically place bids for the seller until the auction is just below the reserve price. Unless the bid price reaches the reserve price, the horse is not sold and is retained by the seller.
• Sell Subject to Seller Confirmation: Seller will have 24 hours to confirm and accept the final price following the close of the auction to decide to accept the final bid in the auction. If the seller does not respond the horse will NOT be sold.
21. 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 reasonable 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 the seller. PHS, LLC recommends the buyer obtain Full Mortality Insurance on horses immediately after purchase, however, this decision and risk rest solely with the buyer.
22. 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 PHS, LLC has collected payment from the Buyer, PHS, LLC will send to the Seller and Buyer, 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 and the Seller will both sign a copy of the BCF and e-mail or fax it to PHS, LLC.
23. TRANSPORTATION FROM SELLER TO BUYER: Buyer is responsible for cost and arrangements for transportation of horse from Seller to Buyer. Soon after purchase Buyer will contact Seller directly to schedule removal of horse.
24. COGGINS REPORT: Seller must provide a copy of a Negative Coggins report drawn within 11 (eleven) months of the closing date of the sale.
25. HEALTH CERTIFICATES: Buyer will be responsible for obtaining the Interstate Health Certificate for transportation.
26. ALL REGISTRATION PAPERS will be held by PHS, LLC until all payments clear the bank (up to 21 days) at which time they will be mailed, with completed transfer reports to the buyer. Registration Papers may be held by PHS, LLC in the event transportation arrangements are not complete, or board fees have been accrued by the buyer. Papers will be released when a horse has been transported and/or all fees have been paid to the seller. NOTE: If any buyer desires to obtain papers immediately, the horse or horses must be paid for with cashier’s or Official Bank check, or bank wire.
27. APPLICABLE LAW - Horses are offered for sale according to the laws of the State of Virginia.
28. AGENCY POSITION - The PHS, LLC and OQHA do not act for or represent the buyer or seller, but merely provide a medium for bringing together the buyer and seller for the purpose of sales transactions. Professional Horse Services, LLC. and sales personnel 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 Consignor hereby specifically waives all implied warranties of fitness and merchantability. ALL RESPONSIBILITY FOR REPRESENTATIONS LIES BETWEEN THE CONSIGNOR AND THE BUYER.
29. WITHHOLDING FUNDS: Buyer and Seller agree that PHS, LLC 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 PHS, LLC The responsibility to resolve such a claim lies between the Seller and the Buyer. Notwithstanding any other provision hereof, should a dispute arise between the Seller and the Buyer, PHS, LLC 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 certificates, pending a resolution of the dispute. Any and all legal fees and costs incurred by PHS, LLC may be deducted by PHS, LLC 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.
30. DISPUTED CONDITION & BINDING ARBITRATION: In the event of a dispute between the parties, a claim to enforce this Agreement or the allegation of a default, which is not resolved by agreement, the parties waive the right to litigate the issue and agree the matter shall be submitted to binding arbitration, pursuant to the Code of Virginia, using a single arbitrator to be selected by the parties. If the parties cannot agree on the selection of the arbitrator, they shall allow the arbitrator to be designated by PHS, LLC. The arbitration shall take place in Loudoun County, Virginia, unless mutually agreed otherwise. In any procedures arising out of, regarding or related to this Agreement, the defaulting party shall pay to Professional Horse Services, LLC, any cost, expense and attorney’s fee incurred by Professional Horse Services, LLC in such proceeding, in addition to any amounts awarded in such proceedings in the event Professional Horse Services, LLC substantially prevails. Buyer or Seller may bring no action, regardless of form, including arbitration, more than one year after the cause of action has accrued. Should either party fail or refuse to cooperate upon a demand for arbitration, the arbitrator shall automatically declare the non-cooperative party to be the defaulting party.
31. ADDITIONAL AGREEMENTS - The sale management shall not be bound by any oral or written agreement or alleged agreement varying from these CONDITIONS OF SALE between the buyer and the consignor unless agreed to by the sale management, and any controversy or claim between the buyer and the seller arising under any such agreement shall be a matter for their resolution.
32. INDEMNITY: Buyer and Seller release PHS,LLC, OQHA, employees and its representatives, from any and all responsibilities, liabilities, obligations, claims, lawsuits, or legal proceedings arising from the sale of this entry. If legal action is initiated against PHS, LLC involving this entry, the Seller and Buyer agree to fully indemnify PHS, LLC and OQHA from such suit, including legal fees and costs incurred by PHS, LLC and OQHA. Seller and Buyer agree that PHS, LLC may publish sale results including information concerning this sale transaction.
33. LIMITS OF LIABILITY: PHS, LLC and OQHA 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. In NO event will the total liability of PHS,LLC and OQHA to you from all damages, losses, and causes of action resulting from Seller’s use of the PHS,LLC website or service exceed the largest amount of funds held for Buyer’s or Seller’s benefit.
34. NO GUARANTEE OF SERVICE: PHS, LLC, and EDJE.com do not guarantee or covenant that the Auction technology, the edje site or any related services will meet Buyer’s requirements or be uninterrupted or error-free. EDJE.com does not guarantee real-time performance of any service or that it will execute all online or absentee bids.
35. ADDITIONAL TERMS AND CONDITIONS: The Terms and Conditions for the use of EDJE.com, the PHS, LLC General Terms and Conditions Of Sale for Buyers as stated on the auction web site and the Consignment Contract for Sellers are hereby incorporated by reference and made part hereof as though fully set forth herein.
36. INTERFERENCE: Buyer and Seller agree not to use any device, software or routine to interfere with or attempt to interfere with the functioning of this online auction.
38. 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.
2020 Congress Entry Contract Conditions - Not included in the Terms above:
CF-1. Professional Horse Services, LLC, Mike & Stephanie Jennings, (hereinafter referred to as PHS, LLC) is providing management services to the Ohio Quarter Horse Association (hereinafter referred to as OQHA) for the Congress Super Sale, to be held as an Internet Auction to close on Saturday, October 17.
CF-2. AGREEMENT: a) I represent and agree that I am of legal age to form a binding contract. b) The Consignor, Agent and Owner (hereinafter referred to as Seller) agrees to these terms and conditions, and swear that all the information furnished regarding this entry is true and correct to the best of my knowledge. c) Seller agrees and specifically warrants, to PROFESSIONAL HORSE SERVICES, LLC. to OHIO QUARTER HORSE ASSOCIATION and also to any subsequent purchasers that Seller does have absolute and complete title to and there are no liens or encumbrances on the entry listed on this contract. d) Seller warrants that any registration certificates, applications, transfers or breeding reports are correct and free from any question or action by the applicable breed registry. e) Seller agrees that this consignment contract is not assignable without the express written approval of PHS,LLC f) Seller agrees to make any sale transaction for this entry through PHS,LLC.
CF-3. DISCLOSURE OF AUCTION RESULTS: I agree that PHS, LLC and OQHA may publish sale results including information concerning this sale transaction.
CF-4. CONSIGNMENT FEES: I agree to pay OQHA a consignment fee of $550.00 for the Super Session or a consignment fee of $650.00 for the Yearling Sale Stakes Session for each horse accepted for the sale, which includes a full color Photo Page in the Sale Catalog, if the consignor chooses to use it.
CF-5. COMMISSION: I agree to pay OQHA a sale commission of 9% (nine percent) of the final bid or selling price for any horse sold through the sale ring or as a result of the auction. If a horse is not sold in the Super Session a No Sale Commission will NOT be charged. If a horse is not sold in one of the Yearling Sale Stakes Sessions as a result of the auction, I agree to pay a No Sale Fee equal to 5% (five percent) of the final bid, which will not exceed $600, unless the seller wants to nominate the yearling to the Sale Stakes, in which case the no sale commission will be 9% (nine percent) of the final bid. The No Sale Fee is in addition to the consignment fee. I agree that PHS, LLC or OQHA shall deduct and retain the sale commission and balance of consignment fee, if any, from my account before distributing proceeds to me. In the event there is a deficit in my account, I agree to pay OQHA the balance due immediately. Interest of 1.5 % per month will be charged on the unpaid balance.
CF-6. FEE INFORMATION: The Full Consignment Fee is non-refundable and is considered to be earned once the horse has been accepted for the sale. This consignment contract is not assignable. I agree that I will not withdraw any horse consigned, unless the withdrawal is accompanied by a veterinarian’s certificate acceptable to PHS, LLC and OQHA, in which case withdrawal shall be permitted at no additional charge, other than forfeiture of the Full Consignment Fee. The veterinarian’s statement should be specific as to the nature of the horse’s problem.
- SALE PRIOR TO BIDDING OPENING: If a horse is listed in the online catalog and/or has been advertised by PHS LLC by any means, and sells before the close of bidding in the auction, I agree to pay OQHA liquidated damages in addition to the Full Consignment Fee. Liquidated damages shall be the greater of $1,500.00 or $750 plus 9% of either (a) the actual selling price of the consignment as verified with the buyer, or (b) in the event actual selling price is not provided to PHS, LLC within 10 days of the withdrawal, the value of the consignment as determined by PHS, LLC. All Liquidated damages shall be in addition to the consignment fee.
- SUBSTITUTIONS: I understand that I have the right to substitute another entry for the original entry due to injury or death of the original entry. A veterinarian’s certificate on the original entry must be presented to PHS. A $100.00 charge is made for each substitution.
- POST AUCTION SALE: If Seller does not sell this entry in the auction, but later sells it to a customer generated by the sale, Seller agrees to pay OQHA a commission of 9% (nine percent) of the actual selling price.
- WITHDRAWAL: Consignment Fees are nonrefundable. After the entry is submitted, I agree not to withdraw this entry, unless: Withdrawal is accompanied by a veterinarian’s certificate stating the reason the entry cannot be offered for sale and is acceptable to PHS,LLC, in which case only the consignment fee will be due to PHS,LLC
- UNPAID FEES: If there is a deficit in Seller‘s account, I agree to pay PHS,LLC and OQHA the balance due immediately. Interest of 1-1/2% per month will be charged on the unpaid balance. A fee of $25.00 will be charged on returned checks for sale fees.
- BUYER TRANSACTION FEE – A 3.5% buyer transaction fee will be added to all purchases, (however, this fee will be discounted for purchases paid for by Cashier’s Check, Wire Transfer, or cash.) This fee covers costs for electronic financial transactions. The Seller is not responsible for this fee.
CF-7. RESERVE AUCTION: See Condition 19 Above.
CF-8. MINIMUM OPENING BID: There shall be an upset price or minimum opening bid of $500.00 on any horse offered. If an opening bid of the upset price is not received the horse shall marked as Not Sold.
CF-9. SELLING OPTIONS: See Condition 20 Above.
CF-10. BIDDING & EXTENDED BIDDING: See Condition 17 Above.
CF-11. REGISTRATION CERTIFICATES: See Condition 26 Above.
CF-12. ALL foals of 2019 and 2020 MUST BE Registered.
CF-13. COGGINS REPORT: See Condition 24 Above.
CF-14. HEALTH CERTIFICATES: See Condition 25 Above.
CF-15. REPRESENTATION OF HORSE: See Condition 10 Above.
CF-16. DISCLOSURES: See Condition 1 Above.
CF-17. BUYER’S RIGHT TO LIMITED POST-PURCHASE EXAMINATION: See Condition 15 Above
CF-18. DRUGS AND MEDICATION: See Condition 13 Above.
CF-19. NO IMPLIED WARRANTIES: See Condition 9 Above.
CF-20. HYPP STATUS: See Condition 14 Above.
CF-21. BROODMARES: See Condition 12 Above.
CF-22. INSPECTION BY BUYERS: I agree to make the horse available to potential buyers for inspection or veterinary examination at a time and place agreed to by the Seller and potential buyer.
CF-23. RIGHT TO EDIT OR CHANGE: PHS,LLC reserves the right to edit, correct, or add to the Statement that I have furnished regarding this entry, to reject or withdraw any entry, or to change the time or date of this sale should any unforeseen circumstances necessitate such a change.
CF-24. NO GUARANTEE OF SERVICE: See Condition 34 Above.
CF-25. RELEASE OF HORSE TO BUYER: See Condition 22 Above.
CF-26. TRANSPORTATION FROM SELLER TO BUYER:. See Condition 23 Above.
CF-27. RISK AND RESPONSIBILITY FOR HORSE: See Condition 21 Above.
CF-28. PHS, LLC and OQHA DO NOT GUARANTEE PAYMENT BY THE ONLINE BIDDER. Due to the nature of the electronic transaction PHS,LLC and OQHA cannot guarantee the validity or performance of an Internet bidder. Seller understands that PHS,LLC does not guarantee the validity, enforceability, payment or collection of any instrument received in payment of the purchase price of any entry.
CF-29. PAYMENT TO SELLER: PHS, LLC and OQHA AGREE TO MAIL CHECKS TO CURRENT OWNERS FOR THEIR CONSIGNMENTS NOT EARLIER THAN FIVE (5) DAYS NOR LATER THAN FIFTEEN (15) BANKING DAYS FROM THE DATE OF THE SALE OR ONCE FULL PAYMENT HAS BEEN VERIFIED AND FUNDS CLEAR THE BANK, whichever is later, providing all necessary and required documents are in order and the purchaser has not stopped payment on their check or otherwise failed to pay for the horse for any other reason or in the event of a dispute or claim by the buyer as stated in Condition 31. I agree that if the sale of any horse is not consummated by reason of default of the buyer or otherwise, PHS, LLC or OQHA shall not be liable for the payment or collection of the purchase price or for the return of the consigned horse. The sole obligation of PHS, LLC and/or OQHA shall be to assist me in the collection of the purchase price of the horse, recovery of the horse or re-sale of the horse at the sale or by private sale. I understand that PHS, LLC and OQHA do not guarantee the validity, enforceability, payment or collection of any instrument received in payment of the purchase price of any animal.
CF-30. INDEMNITY: See Condition 32 Above.
CF-31. DISPUTED CONDITION & BINDING ARBITRATION: See Condition 30 Above.
CF-32. LIMITS OF LIABILITY: See Condition 33 Above.
CF-33. ADDITIONAL TERMS AND CONDITIONS: See Condition 31 Above.
CF-34. INTERFERENCE: See Condition 36 Above.
CF-36. SEVERABILITY: See Condition 38 Above.