U.S. District Court Ordered Sale of Racing Quarter Horses

August 08, 2021 to August 11, 2021


  • Auction Details
Welcome:

Welcome to Flashpoint Bloodstock LLC at ThoroughbredAuctions.com
U.S. District Court Ordered Sale of Horses
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS - MCALLEN DIVISION
K2 Solutions Inc. - Selling Agent for the United States Marshals Service
ALL Horses Sell “AS IS” and with NO Warranties
7% Transaction Fee charged on all purchases

Please read the Terms of Sale

Auction Dates/Times: Start: August 08, 2021 7:00 PM ET
Close: August 11, 2021 7:00 PM ET
Auction Description:

The Flashpoint Bloodstock LLC Internet Auction is an ALL ONLINE Auction
For more information visit FlashpointBloodstock.com or ThoroughbredAuctions.com

  • PAYMENT: Payment is due 3 (three) business days following the auction, no later than MONDAY, AUGUST 16, 2021
  • TRANSACTION FEE: A Transaction Fee in the amount of 7% of the successful final bid of any horse or pony 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.
  • CURRENCY: All Transactions are in United States Dollars (USD)
Terms:

Terms and Conditions
U.S. District Court Ordered Sale of Horses
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS - MCALLEN DIVISION
K2 Solutions Inc. - Selling Agent for the United States Marshals Service
ALL Horses Sell “AS IS” and with NO Warranties
7% Transaction Fee on All Purchases
Please read the Terms of Sale

Please read these Terms and Conditions carefully, as they will govern your use of Flashpoint Bloodstock, LLC’s ("Flashpoint") 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"), Flashpoint, and K2 Solutions Inc., selling agent for the United States Marshals Service.

When bidding on any horse offered by Flashpoint, the Buyer indicates 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 Flashpoint website or auction services.

All horses are sold subject to the following Terms and Conditions which shall control the mutual, reciprocal, duties among Flashpoint and the Buyer. The Bidder acknowledges that he or she has read the Terms and Terms and Conditions of the sale. The Bidder acknowledges that in the event that the Bidder’s offer is accepted, that the Terms and. Terms and Conditions of the sale shall be part of the sales contract.

AUTHORITY - Horses are being sold under the authority of the UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS, MCALLEN DIVISION. Click Here for the Granted Motion for Interlocutory Sale.

INSPECTION OF HORSES - Horses will be available for physical inspection by appointment only. USMS reserves the right to approve inspection or testing procedures.

DEFENDANTS AND OTHER PROHIBITED BUYERSUSMS Policy Directive 13.7, Persons Prohibited from Purchasing Forfeited Property stipulates that certain individuals are prohibited from purchasing forfeited property in the Department of Justice (DOJ) Asset Forfeiture Program, directly or indirectly (through another person or agent) and are therefore barred from placing bids to buy such property. USMS Policy Directive 13.7 is incorporated herein by reference and all prospective bidders are encouraged to review it prior to bidding.

COLLUSION, BID-RIGGING, FRAUD - Any attempt to unfairly affect the outcome of a sale shall because for immediate disqualification as an eligible Bidder.

LIMITATION OF USE – The Buyer of a horse agrees that he or she is not purchasing the horse for slaughter or for any person who plans to use the horse for slaughter. The Buyer further agrees not to use, or allow the use of, the horse slaughter while in his/her/its ownership or control.

Terms

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 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. REFUSAL OF SERVICE: Flashpoint and www.sporthorseauctions.com reserve 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 Buyer’s Premium to Flashpoint in the amount of 7% of the total price of any horse purchased. The Buyer’s Premium 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 Flashpoint; c) to make any sale transaction for this entry through Flashpoint; 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 HORSE: 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. Flashpoint Bloodstock, LLC, K2 Solutions Inc., Seller, 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 BUYER HAS THE RESPONSIBILITY TO EXAMINE HORSES BEFORE BIDDING. Buyer agrees to hold Flashpoint Bloodstock, LLC, K2 Solutions Inc., Seller, and sales personnel harmless from any claims arising out of any such inaccuracies or omissions.

8. REGISTRATION PAPERS- All registration papers will be mailed to the Buyer or otherwise made available to the Buyer within 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: A Negative Coggins report drawn within 12 months date of the sale will be available for horses over 6 months of age.

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 catalog but Flashpoint, Seller, the sale management, employees and auctioneers are not responsible for
errors or omissions and assume 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 Flashpoint 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.

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. RELEASE OF HORSE TO BUYER: Seller or Caretaker 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 Flashpoint has collected payment from the Buyer, Flashpoint will send to 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 will sign Seller’s copy of the BCF and e-mail or fax it to Flashpoint.

5. 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 1 day at no additional charge. Beyond 1 day, Buyer will be responsible to pay for board, at a cost determined by Caretaker, plus any other expenses that may be required to maintain the horse until Buyer takes possession or has the horse picked up from Caretaker. Flashpoint recommends Buyer obtain Full Mortality Insurance on horses immediately after purchase, however, this decision and risk rest solely with Buyer.

16. 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 Flashpoint office by email with a written request to reverse the bid and the reasons for the request. Please be advised that Flashpoint 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. Flashpoint will not reverse bids that have caused another bidder to be outbid. If Buyer bids on the wrong horse, Flashpoint will not reverse that bid. Please make sure to immediately review all bids. Flashpoint will not reverse bids after the auction has begun to close. There will be NO exceptions.

17. 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.

18. PAYMENT BY BUYER: Once bidding is closed, an invoice will be emailed to Buyer. Payment in full must be made within three business days after the sale is closed. Payment must be made to Flashpoint 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.

19. DEFAULT ON PURCHASE: If Buyer fails to pay for the horse in accordance with the terms of Paragraph 18 above, Flashpoint 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 buyer’s premium, if any. Interest of 1.5% per month will be charged on the unpaid balance.

20. BROODMARES: All mares that are selling as bred, have been checked for pregnancy by a veterinarian prior to this sale and a statement of the results will be disclosed. No live foal guarantee or return privileges will accompany any mare sold in this auction. The breeder’s certificate will be mailed to the mare owner by Flashpoint.

21. NO GUARANTEE OF SERVICE: Flashpoint, 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.

22. PROHIBITED CONDUCT: Flashpoint, 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 Flashpoint. 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.

23. 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.

24. INDEMNITY: Buyer releases Flashpoint, Seller, Sale Managers, Auctioneers, employees, and its representatives, from any and all responsibilities, liabilities, obligations, claims, lawsuits, or legal proceedings arising from the sale of any horse or item in this auction. If legal action is initiated against Flashpoint involving this sale, the Buyer agrees to fully indemnify Flashpoint from such suit, including legal fees and costs incurred by Flashpoint.

25. APPLICABLE LAW: These Terms and Conditions shall be governed by federal law. To the extent that federal is silent and as to the extent allowed, the laws of the State of West Virginia shall apply.

27. LIMITS OF LIABILITY: Flashpoint 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 Flashpoint for all claims, damages, or losses resulting from Buyer’s use of Flashpoint’s website or auction services, shall not exceed the amount of funds held by Flashpoint for the sale of a horse. Flashpoint reserves the right to reject or void bids, whether winning or not, that Flashpoint deems not to have been made in good faith, or that are restricted, prohibited, or taxed due to local laws. Flashpoint 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. Flashpoint reserves the right to reopen bidding on any disputed bids or ties. Flashpoint reserves the right to postpone or cancel a sale without notice, if determined in our discretion that such action is appropriate.

Flashpoint 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 Flashpoint may publish sale results.

29. ADDITIONAL TERMS AND CONDITIONS: The Terms and Conditions for the use of EDJEAuctions.com and Flashpoint Terms and Conditions of the 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 that Flashpoint, Seller, and Buyer rely on hardware and software that may malfunction without warning.

31. NO AGENCY: Buyer, Seller and Flashpoint 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.

32. PRIVACY POLICY: By registering as a bidder or for this auction, Buyer agrees to the use of Buyer’s information by Flashpoint. Buyer’s information will be used by Flashpoint to contact Buyer and for record keeping. Flashpoint will not sell or give Buyer’s information to any entity, except for a sponsor or company that provides special services to Buyer. Buyer grants permission for Flashpoint to share contact information with its sponsors. In the future, Flashpoint may use email lists to contact Buyers. Flashpoint may do custom email promotions for customers, advertisers, or organizations. If Buyer wishes to discontinue receiving these emails, please contact our office.

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.

Delivery Options:
  • Transportation is the responsibility of the Buyer.
  • Caretaker will board the horse for up to three (3) days at no additional charge. Buyer is responsible for board past one day and will pay the Caretaker directly.
  • Buyer is responsible for obtaining the Interstate Health Certificate and/or International Import or Export papers for transportation.`1
Contact: Flashpoint Bloodstock LLC
Charles Town,
(866) 652-7789
info@ThoroughbredAuctions.com