| Auction Description: |
This Online Auction offers a horse that is being sold to benefit the family of Bruce Walquist.
PAYMENT: Payment is due within 3 (three) business days of the close of the auction, no later than Thursday, June 8, 2023. Methods of Payment accepted include Credit Card, Bank Wire or Cashier’s Check sent by Overnight Mail.
BUYER’S TRANSACTION FEE: a Buyer’s Transaction Fee in the amount of 3.5% of the successful final bid for any horse purchased will be added to the Final Bid price to determine the total price. 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. Purchases paid for by bank wire will have a $15 transaction fee added to the purchase price of the horse.
SALES TAX: Buyers residing in Virginia will be required to pay Virginia Sales Tax of 6% of the Total Price, unless Buyer is exempt and appropriate forms have been completed.
CURRENCY: All Transactions are in United States Dollars (USD)
PLEASE READ THE TERMS AND CONDITIONS OF THE AUCTION: You will be bound by these Conditions whether you have read them, or not.
Auction services donated by Professional Horse Services, LLC - Mike and Stephanie Jennings. Please contact Mike or Stephanie Jennings of Professional Horse Services, LLC to assist you.
Sale preparation and training donated by Kristin Pokluda.
Radiographs provided by Dr. Josh Donnell, who donated his services. |
| Terms: |
TERMS AND CONDITIONS - ONLINE Benefit Auction
1. 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.
2. BUYER’S RESPONSIBILITY: By placing a bid in this auction Buyer is indicating they have examined or researched the horse to their satisfaction. Prior to Bidding, Buyers may ask Trainer for additional information.
3. SALES TAX - Buyers residing in Virginia will be required to pay Virginia Sale Tax of 6%, unless exempt and appropriate forms have been completed.
4. PAYMENT BY BUYER - Once bidding is closed an invoice will be emailed to Buyer. Terms of sale are cash and payment in full must be made within (3) banking days after the sale is closed. Buyer’s failure to pay in full within (3) banking days after the sale is closed shall result in PHS, LLC’s right to (A) accept the same purchase amount from another Buyer; (B) accept the next highest bid; or (C) offer the horse for auction a second time, all without further notice to Buyer. Pay PROFESSIONAL HORSE SERVICES, LLC. in all cases. ALL SALES FINAL. Payment may be made in the form of MasterCard, Visa, American Express or DISCOVER credit cards, cash, bank wire transfer, cashier’s or official bank 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 anyone else by the Buyer, as such payment shall not be valid or entitle the buyer to obtain the horse.
5. REPRESENTATION OF HORSE: Every effort has been made to provide the correct information for this horse. Buyer agrees to hold PHS, LLC., Seller, Kristin Pokluda (Trainer), and Dr. Josh Donnell harmless from any claims arising out of any such inaccuracies or omissions.
6. NO IMPLIED WARRANTIES: There is no warranty expressed or implied by the sales company, Trainer, or Seller, as to the performing soundness, merchantability or fitness for any particular purpose of the horse offered in this sale. THIS HORSE IS SOLD "AS IS" WITH ALL EXISTING CONDITIONS AND DEFECTS.
7. RELEASE OF HORSE TO BUYER: Horse will not be released 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 Trainer a Buyer Confirmation Form. Trainer can release the horse once they have received the Buyer Confirmation Form.
8. TRANSPORTATION FROM TRAINER TO BUYER: Buyer is responsible for cost and arrangements for shipment of horse from trainer to Buyer. It is the responsibility of the Buyer to contact the trainer regarding shipment schedule and arrangements.
9. BOARD AND CARE AFTER AUCTION: Trainer or Seller agrees to provide basic board and care for up to 2 days at no additional charge. Beyond 2 days, Buyer will be responsible to pay for board, at a cost determined by Trainer, 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.
10. COGGINS REPORT: A current Negative Coggins will be provided.
11. HEALTH CERTIFICATE: Buyer will be responsible for obtaining the Interstate Health Certificate for transportation.
12. 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. PHS recommends the buyer obtain Full Mortality Insurance on horses immediately after purchase, however, this decision and risk rest solely with the buyer.
13. BIDDING & 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. The auctioneer, P.H.S, 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.
14. BIDDING ERRORS: You should make sure to review all bids before and after submitting. If you mistakenly increase your own bid, place your bidder number in the bid field, or make a gross error you must immediately contact the PHS 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. Be aware of increasing your own bids.... some bidders increase their own bid to price a horse out of reach of other bidders. We will not reverse bids that have caused another bidder to be outbid. Please make sure to immediately review your bid. We will not reverse bids after the auction has begun to close.
15. ADDITIONAL TERMS AND CONDITIONS: The Terms and Conditions for the use of EDJE.com, the PHS General Terms and Conditions Of Sale for Buyers as stated on the auction web site are hereby incorporated by reference and made part hereof as though fully set forth herein.
16. 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.
Online bidding provided by
PROFESSIONAL HORSE SERVICES, LLC
P O Box 404
Round Hill, VA 20132
855-272-3905
info@ProHorseServices.com
street address:
35855 Milligan’s Run Lane
Purcellville, VA 20132 |
