Welcome to the West Virginia Thoroughbred Breeders Stallion Season Auction
Proceeds from these donated stallions will support the operations and programs of the WVTBA.
|Start: February 08, 2024 5:00 PM ET
Close: February 12, 2024 5:00 PM ET
WVTBA STALLION SEASON AUCTION
Some Seasons will be offered with NO RESERVE above a MINIMUM OPENING BID
BUYER PAYMENTS DUE: WEDNESDAY, FEBRUARY 14, 2024
Terms and Conditions
If you do not agree with these Terms, do not use our Service
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. If you are dissatisfied with any portion of the website or the associated services, your sole remedy is to cease using them.
3. All seasons are offered on a "No Guarantee" (NG) for the 2024 Breeding Season only, non-refundable basis. ALL seasons are payable in full by Wednesday, February 7, 2024. Seasons must be paid in full before breeding may occur. "No Guarantee" purchases of stallion seasons are NON-REFUNDABLE UNDER ANY CONDITION including the unavailability, infertility or death of the stallion, or the Mare’s death, inability to conceive or carry to term, once named and covered or for any other reason. TCA makes no guarantee that the stallion will be available. Purchaser is at his own risk and must contact stallion farm directly to schedule the breeding.
4. BUYER’S RESPONSIBILITY: By placing a bid in this auction, Buyer is indicating he/she has examined or researched a season to their satisfaction. All responsibility for execution of this agreement lies between the stallion owner/manager and the buyer.
Buyer agrees to abide by all rules, practices and restrictions of the stallion owner or stallion manager at the stud farm involved, pursuant to the syndicate agreement and/or any other applicable agreement and management practice for the stallion involved.
Buyer agrees to hold ThoroughbredAuctions.com LLC harmless from any claims arising out of any such inaccuracies or omissions.
5. RESERVE AUCTION: This is a Reserve Auction. The right of the Seller to bid on his/her own season is expressly reserved.
6. REFUSAL OF SERVICE: ThoroughbredAuctions.com LLC and www.ThoroughbredAuctions.com reserve the right to reject any bid or refuse to issue a bidding number to anyone for any reason.
7: TRANSACTION FEE: Buyers of seasons in this auction will pay a Transaction Fee to ThoroughbredAuctions.com LLC in the amount of 7% of the total price of any season or pony 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.
8. 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 season.
9. TRANSPORTATION FROM SELLER TO BUYER: Buyer is responsible for the cost and arrangements for transportation of the season from Seller to Buyer. Immediately after the end of the auction, Buyer shall contact Seller to schedule transportation for the season.
10. BIDDING ERRORS: Buyer should make sure to review all bids before and after submitting. If Buyer mistakenly, 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 at info@ThoroughbredAuctions.com with a written request to reverse the bid and the reasons for the request. 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. ThoroughbredAuctions.com LLC will not reverse bids that have caused another bidder to be outbid. If Buyer bids on the wrong season, ThoroughbredAuctions.com LLC will not reverse that bid. Please make sure to immediately review all bids.
11. 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 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.
12. DEFAULT ON PURCHASE: If Buyer fails to pay for the season in accordance with the terms of Paragraph 17 above, ThoroughbredAuctions.com LLC or Seller shall have the right to re-sell the season 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 fee, if any. Interest of 1-1/2% per month will be charged on the unpaid balance.
Defaulting Buyer expressly agrees to allow ThoroughbredAuctions.com LLC to publish his/her name as a defaulting buyer without restriction.
13. PROHIBITED CONDUCT: ThoroughbredAuctions.com LLC, at its sole discretion, may ban from further use, any Buyer or Seller who ThoroughbredAuctions.com LLC believes to have in any way misrepresented itself or any season, failed to abide by the Terms and Conditions, or engaged in any improper auction conduct as determined solely by ThoroughbredAuctions.com LLC. Any Seller who misrepresents their season(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.
14. APPLICABLE LAW: These Terms and Conditions shall be governed by the laws of the State of West Virginia.
15. 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.
16. 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 season. 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.
17. 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 Sellers as stated on the auction website, are hereby incorporated by reference and made part hereof as though fully set forth herein.
18. 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.
19. 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.
ThoroughbredAuctions.com LLC may do custom email promotions for customers, advertisers or organizations. If Buyer or Seller wishes to discontinue receiving these emails, please contact our office.
SMS Text Messages: By creating an account or registering as a bidder or a seller for any auction, all parties agree to the use of their information by Flashpoint Bloodstock LLC. SMS Messaging will used to respond to requests, to send information to bidders, buyers and sellers. Type STOP to Opt-Out.
21. 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