December Mixed Sale for Thoroughbreds

December 08, 2019 to December 11, 2019


  • Terms & Conditions

General Terms and Conditions

Welcome

By requesting a bidder's number for any given auction, you are bound by the terms and conditions of the auction, whether you have read them or not.

Terms may vary for the different auctions produced by Professional Horse Services, LLC or Flashpoint Bloodstock, LLC.

By requesting a bidder's number for any given auction, you are assumed to have read and accepted the terms for that auction.

 

December Mixed Sale
Welcome to ThoroughbredAuctions.com by Flashpoint Bloodstock, LLC
7% Buyer`s Premium charged on all purchases

ThoroughbredAuctions.com combinea 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 Description

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 5 (five) business days following the auction, no later than MONDAY, DECEMBER 16, 2019

METHOD OF PAYMENT: Credit Card or Bank Wire Transfer

BUYER’S PREMIUM A Buyer’s Premium in the amount of 7% of the successful final bid of any horse 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


Please read these Terms and Conditions carefully, as they will govern your use of ThoroughbredAuctions.com LLC’s (“ThoroughbredAuctions.com”) website and auction services. Those who consign and 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”), ThoroughbredAuctions.com, and the Seller (“Seller”).  When consigning or bidding on any horse offered by ThoroughbredAuctions.com, 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 ThoroughbredAuctions.com website or auction services.  All horses are sold are subject to the following Terms and Conditions which shall control the mutual, reciprocal duties among ThoroughbredAuctions.com, the Seller and the Buyer.  


Terms


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.


3. RESERVE AUCTION: This is a Reserve Auction. The right of the Seller to bid on his/her own hors is expressly reserved.


4. REFUSAL OF SERVICE: ThoroughbredAuctions.com and www.ThoroughbredAuctions.com reserve the right to reject any bid or refuse to issue a bidding number to anyone for any reason.


5. BUYER’S PREMIUM: Buyers of horses in this auction will pay a Buyer’s Premium to ThoroughbredAuctions.com 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. This premium covers costs for electronic financial transactions and providing services for Buyer accounts.


6. 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;
  c) to make any sale transaction for this entry through ThoroughbredAuctions.com;
  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.


7. 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.


8. SELLER’S REPRESENTATION OF HORSE: Seller is solely responsible for the correct, accurate and honest representation of the horse 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. Some representations on disposition and handling are the opinion of the Seller and given only as an indication of the horse’s capability.  Buyer should inspect, examine and research horse to their satisfaction.  Seller is solely responsible for the accuracy of all information that appears in the online sale catalog and previews. Seller and Buyer agree to hold ThoroughbredAuctions.com harmless from any claims arising out of any such inaccuracies or omissions.


Seller is responsible for disclosing the following conditions, which must be stated in the online sale catalog: If the 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 or has a lameness due to navicular disorder, ringbone, osteoarthritis, founder prior to the sale, bone abnormality prior to sale, or neurological disorder prior to the sale, including, but not limited to, EPM or wobbles.
Seller must disclose if a broodmare has undergone either a caesarean section delivering a fetus, or surgery involving the cervix, or  an urethral extension, or the removal of an ovary which must be stated in the online sale catalog
In the event that a horse is rejected due to Seller’s failure to disclose conditions as required by Paragraph 8, Seller shall be responsible for arranging and paying for return transportation of the horse. Additionally, Seller shall be responsible for paying ThoroughbredAuctions.com LLC the commission on the sale of the horse.
Seller is solely responsible for the accuracy of all information that appears in the online sale catalog and previews. Buyer agrees to hold ThoroughbredAuctions.com harmless from any claims arising out of any such inaccuracies or omissions.


9. BUYER’S RIGHT TO LIMITED POST-PURCHASE EXAMINATION: Buyer has the right to have a licensed veterinarian perform a limited post-purchase examination, at Buyer’s expense, to determine if any of the issues in Condition 8 of the Consignment Contract 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. These tests should be a part of a pre-purchase examination.  A horse sold with one or more of the issues described in Condition 8, which was not disclosed at the time of sale, can be rejected by Buyer upon the following conditions: a) ThoroughbredAuctions.com’s receipt of a statement from a licensed veterinarian establishing the existence of the undisclosed condition; b) within five (5) business days of the end of the auction; and c) before the horse leaves the Seller’s facility. If a sale is rejected, the horse will remain the property of Seller.


10. NO IMPLIED WARRANTIES: There is no warranty expressed or implied by ThoroughbredAuctions.com, 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 Seller.  

ALL HORSES ARE SOLD “AS IS” WITH ALL EXISTING CONDITIONS AND DEFECTS.  

ALL RESPONSIBILITY FOR REPRESENTATIONS LIES BETWEEN THE SELLER AND THE BUYER.


11. 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 ThoroughbredAuctions.com and be stated in the description and disclosed in the online sale catalog.  Buyer has the right to have a licensed veterinarian draw a blood sample prior to the auction or within three (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 after the horse leaves the Seller’s facility, the entry can be rejected by Buyer and returned at Seller’s expense. Notification of a claim by Buyer under this Condition must be made to ThoroughbredAuctions.com within seven (7) days of the date of the sale, by a written statement from a licensed veterinarian, explaining the diagnosis of any unsoundness or explaining the behavior problem and how the drug(s) found in the drug screen could mask the unsoundness or behavior problem.  Any net funds for the horse in the possession of ThoroughbredAuctions.com will be held pending the results of the blood screen and the veterinarian’s written statement.


12. 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.


13. 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 ThoroughbredAuctions.com has collected payment from the Buyer, ThoroughbredAuctions.com will send to Seller 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 ThoroughbredAuctions.com.


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 5 days at no additional charge. Beyond 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 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 office by email with a written request to reverse the bid and the reasons for the request.  Please be advised that ThoroughbredAuctions.com 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 will not reverse bids that have caused another bidder to be outbid. If Buyer bids on the wrong horse, ThoroughbredAuctions.com will not reverse that bid.  Please make sure to immediately review all bids. ThoroughbredAuctions.com 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 three (3) business days after the sale is closed. Payment must be made to ThoroughbredAuctions.com 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.


18. DEFAULT ON PURCHASE: If Buyer fails to pay for the horse in accordance with the terms of Paragraph 17 above, ThoroughbredAuctions.com 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 1-1/2% per month will be charged on the unpaid balance.


19.  PRIVATE SALES: Once a Seller lists a horse with ThoroughbredAuctions.com, private sales before or after the auction are prohibited.  Seller and Buyer understand and agree that all private sales outside the auction will be subject to commission and consignment fees as follows:
 

(a) If Seller sells an entry prior to the opening of bidding for the auction and fails to make the sale transaction through ThoroughbredAuctions.com, Seller agrees to pay ThoroughbredAuctions.com a commission of 15% (fifteen percent) of the actual selling price, in addition to the consignment fee.
 

(b) If Seller withdraws an entry after listing a horse with ThoroughbredAuctions.com and sells to a customer who is a registered bidder, has a login account, or a customer who is generated by ThoroughbredAuctions.com, Seller agrees to pay ThoroughbredAuctions.com a commission of 15% (fifteen percent) of the actual selling price, in addition to the consignment fee.
 

(c) If Seller does not sell an entry in the auction, but within 30 days of the close of the auction sells to a customer who is a registered bidder, has a login account, or a customer who is generated by ThoroughbredAuctions.com, Seller agrees to pay ThoroughbredAuctions.com a commission of 11% (eleven percent) of the actual selling price, in addition to the consignment fee.


20. REGISTRATION PAPERS: All registration papers will be held by ThoroughbredAuctions.com and mailed to the Buyer no later than THIRTY (30) days following the close of the auction.
Buyer agrees that under no circumstances will the registration papers be delivered by the Seller directly to Buyer or Buyer’s representative.  
21. COGGINS REPORT: Seller must provide a copy of a Negative Coggins Report, with markings or photos, drawn within 12 (twelve) months prior to the end of the auction.  


22. 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.


23. BROODMARES: All mares selling as bred, must be checked for pregnancy by a licensed veterinarian within ten (10) days prior to listing for a sale and a statement of results of this examination must be provided to ThoroughbredAuctions.com.  If a mare is known to be carrying twins, it must be disclosed.  Any Buyer of a broodmare may have the mare examined by a licensed veterinarian before the horse leaves Seller’s facility. Any broodmare so examined whose pregnancy status is found not to be as represented in the online sale catalog, may be returned to the Seller as unsold, and Seller shall pay veterinarian’s fee for examination.  If the broodmare’s pregnancy status is found to be as represented in the online sale catalog, Buyer shall pay the veterinarian’s fee for this examination.  
Any Seller offering mares as being bred must furnishThoroughbredAuctions.com with a written Stallion Service Certificate or proof of release of the Jockey Electronic Stallion Service Certificate.


24. NO GUARANTEE OF SERVICE: ThoroughbredAuctions.com, 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.


25.  PROHIBITED CONDUCT: ThoroughbredAuctions.com, at its sole discretion, may ban from further use, any Buyer or Seller who ThoroughbredAuctions.com believes to have in any way misrepresented itself or any horse, failed to abide by the Terms and Conditions, or engaged in any improper auction conduct as determined solely by ThoroughbredAuctions.com.  Any Seller who misrepresents their horse(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.


26. WITHHOLDING FUNDS: Buyer agrees that ThoroughbredAuctions.com 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 ThoroughbredAuctions.com.  The responsibility to resolve such a dispute or claim lies between the Seller and the Buyer.  Notwithstanding any other provision hereof, should a dispute arise between the Seller and the Buyer, ThoroughbredAuctions.com 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 papers, pending a resolution of the dispute.  Any and all legal fees and costs incurred by ThoroughbredAuctions.com may be deducted by ThoroughbredAuctions.com 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.
27.  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.  


28.  APPLICABLE LAW:  These Terms and Conditions shall be governed by the laws of the State of West Virginia.  


29. BINDING ARBITRATION: BY VIRTUE OF THE FOLLOWING ARBITRATION PROVISIONS, ALL SELLERS AND BUYERS, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT THAT THEY MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION ARISING FROM OR CONNECTED WITH THE PURCHASE OR SALE OF A HORSE AND THE USE OF ThoroughbredAuctions.com’S WEBSITE AND AUCTION SERVICES.
 

A.  Claims involving Buyer and Seller:  Any dispute or controversy between Buyer and Seller that cannot be resolved informally by agreement, shall be settled finally, completely and conclusively by binding arbitration, by an arbitrator chosen in accordance with the Commercial Arbitration Rules of the American Arbitration Association.  Arbitration shall be initiated by submitting a Demand for Arbitration to the American Arbitration Association, which can be found at www.adr.org. The arbitration shall take place in Jefferson County, West Virginia, unless mutually agreed otherwise.  A decision of the arbitrator shall be final, conclusive and binding on the parties, and judgment may be entered thereon to enforce such decision and the benefits thereof.  Any arbitration held in accordance with this paragraph shall be private and confidential, and no person shall be entitled to attend the hearings except the arbitrator, the stenographer (if one is requested), the parties and the attorneys for the parties and/or representatives designated by the parties.  The matters submitted for arbitration, the hearings and proceedings thereunder and the arbitration award shall be kept and maintained in strictest confidence by the parties and shall not be discussed, disclosed or communicated to any person except as required by law or as necessary to enforce rights thereunder.  On request of any party, the record of the proceeding shall be sealed and may not be disclosed except insofar, and only insofar, as may be necessary to enforce the award of the arbitrators and any judgment enforcing such award.  In the arbitrator’s discretion, the prevailing party shall be entitled to recover reasonable and necessary attorney fees and the costs of arbitration from the non-prevailing party.  Should Buyer prevail in the arbitration of a dispute and thereafter wish to return the horse and receive a refund, all fees associated with the sale become immediately due and payable to ThoroughbredAuctions.com from Seller.  If Buyer gives notice of a dispute hereunder or refuses to pay for a horse because of a claim of misrepresentation, fraud or failure to disclose any of the specified conditions set forth in Paragraph 8 above, ThoroughbredAuctions.com, in its sole discretion, may elect not to pay Seller the net proceeds of the sale of the horse(s) in question until the claim has been finally resolved and the proceeds of the sale have been received by ThoroughbredAuctions.com.  Should a party fail or refuse to cooperate upon a demand for arbitration, the non-cooperative party shall be declared the defaulting party by the arbitrator.

B.  Claims Involving ThoroughbredAuctions.com:  If a dispute should arise between Seller and ThoroughbredAuctions.com or Buyer and ThoroughbredAuctions.com, all claims, disputes, controversies, differences or other matters in question arising out of ThoroughbredAuctions.com’s relationship to any party in the matters stated in these Terms and Conditions and all other matters in which ThoroughbredAuctions.com has provided any type of services at any time, whether or not those matters are encompassed within this document (including, but not limited to compensation for fees, expenses and/or commissions) shall be settled finally, completely and conclusively by binding arbitration in Jefferson County, West Virginia, by a single arbitrator chosen in accordance with the Commercial Arbitration Rules of the American Arbitration Association.  ThoroughbredAuctions.com reserves its right to seek all legal and equitable remedies, including but not limited to civil or criminal judicial relief, in order to enforce or foreclose its security interest, to recover horses sold and not paid for in full and/or collect payment for horses.  Arbitration shall be initiated by submitting a Demand for Arbitration to the American Arbitration Association, which can be found at www.adr.org.  A decision of the arbitrator shall be final, conclusive and binding on the parties, and judgment may be entered thereon to enforce such decision and the benefits thereof.  Any arbitration held in accordance with this paragraph shall be private and confidential, and no person shall be entitled to attend the hearings except the arbitrator, the stenographer (if one is requested), the parties and the attorneys for the parties and/or representatives designated by the parties.  The matters submitted for arbitration, the hearings and proceedings thereunder and the arbitration award shall be kept and maintained in strictest confidence by the parties and shall not be discussed, disclosed or communicated to any person except as required by law or as necessary to enforce rights thereunder.  On request of any party, the record of the proceeding shall be sealed and may not be disclosed except insofar, and only insofar, as may be necessary to enforce the award of the arbitrators and any judgment enforcing such award.  The prevailing party shall be entitled to recover reasonable and necessary attorney fees and the costs of arbitration from the non-prevailing party.


30. INDEMNITY: In the event Seller misrepresents or fails to disclose any fault, defect or condition of a horse sold or offered for sale, or in the event any of Seller’s representations or warranties are incomplete or inaccurate in any way, Seller shall INDEMNIFY AND HOLD HARMLESS ThoroughbredAuctions.com from any and all liability, debt, claims, suits, losses, damages, causes of action, judgments, costs and expenses, including attorney fees, incurred by ThoroughbredAuctions.com as a result of Seller’s misrepresentation(s) and/or failure(s) to disclose.


31.  LIMITS OF LIABILITY: ThoroughbredAuctions.com 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 for all claims, damages, or losses resulting from Buyer’s or Seller’s use of ThoroughbredAuctions.com’s website or auction services, shall not exceed the amount of funds held by ThoroughbredAuctions.com for the sale of a horse.  ThoroughbredAuctions.com reserves the right to reject or void bids, whether winning or not, that ThoroughbredAuctions.com deems not to have been made in good faith, or that are restricted, prohibited, or taxed due to local laws.  ThoroughbredAuctions.com 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 reserves the right to reopen bidding on any disputed bids or ties.  ThoroughbredAuctions.com reserves the right to postpone or cancel a sale without notice, if determined in our discretion that such action is appropriate.  ThoroughbredAuctions.com will neither have the liability nor obligation to the intended bidders as a result of any withdrawal, cancellation, or postponement of sale.


32. PUBLICATION OF SALE RESULTS: Buyer and Seller agree that ThoroughbredAuctions.com may publish sale results.


33. ADDITIONAL TERMS AND CONDITIONS: The Terms and Conditions for the use of EDJE Auctions.com and ThoroughbredAuctions.com 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.


34. 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, Seller and Buyer rely on hardware and software that may malfunction without warning.


35.  NO AGENCY:  Buyer, Seller and ThoroughbredAuctions.com 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.


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


37. 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.

CONSIGNMENT CONTRACT - ThoroughbredAuctions.com, LLC

AGREEMENT:
 

a) The Owner and/or Agent, (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.
 

b) Seller represents and agree that they are of legal age to form a binding contract.
 

c) Seller agrees and specifically warrants, to ThoroughbredAuctions.com, LLC (hereinafter referred to as ThoroughbredAuctions.com) 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 appoints ThoroughbredAuctions.com LLC as Seller’s agent to sell each horse consigned, with full authority to transfer title thereto, to receive the proceeds of sale for Seller’s account, and to distribute sales proceeds as ThoroughbredAuctions.com LLC reasonably believes to be appropriate.
 

e) 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.
 

f) Seller agrees that this consignment contract is not assignable without the express written approval of ThoroughbredAuctions.com LLC.
 

g) Seller agrees to make any sale transaction for this entry through ThoroughbredAuctions.com.


2. FEES: Seller agrees to pay ThoroughbredAuctions.com the applicable fees for this entry. ThoroughbredAuctions.com will deduct any unpaid fees from the Seller’s account before distributing proceeds to Seller.


ENTRY FEE


Entry Fee will be earned by ThoroughbredAuctions.com on submission of this entry. Entry Fees are non-refundable.
 

Paid with submission of entry, unless otherwise arranged with ThoroughbredAuctions.com.
  

$350 Entry Fee

COMMISSION: 8% (eight percent) of the selling price, in addition to the consignment fee.
- NO SALE COMMISSION: 4% (four percent) of the final bid, in addition to the consignment fee.
- SALE PRIOR TO BIDDING OPENING: Seller agrees to make any sale transaction for this entry through ThoroughbredAuctions.com. If Seller sells this entry prior to the opening of bidding for this auction and fails to make the sale transaction through ThoroughbredAuctions.com, Seller agrees to pay ThoroughbredAuctions.com a commission of 15% (fifteen percent) of the actual selling price, in addition to the consignment fee.


SALE AFTER BIDDING OPENING: Seller agrees to make any sale transaction for this entry through ThoroughbredAuctions.com. Seller further agrees not to sell or withdraw the entry after bidding opens.


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 ThoroughbredAuctions.com a commission of 15% (fifteen percent) of the actual selling price.


WITHDRAWAL: Consignment Fees are non-refundable. After the entry is submitted, Seller agrees 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 ThoroughbredAuctions.com, in which case only the consignment fee will be due to ThoroughbredAuctions.com.


WITHDRAWAL FROM THE SALE for any reason not in accordance with this Condition, is subject to a withdrawal fee, in addition to the consignment fee, which will be the greater of $500.00 or 15% (fifteen percent) of either (a) the actual selling price of the entry as verified with the buyer, or (b) in the event actual selling price is not provided to ThoroughbredAuctions.com within 10 days of the withdrawal,15% (fifteen percent)  of the value of the entry as determined by ThoroughbredAuctions.com.


UNPAID FEES: If there is a deficit in Seller‘s account, Seller agrees to pay ThoroughbredAuctions.com 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.
- SUBSTITUTIONS: Seller understands that they 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 ThoroughbredAuctions.com A $50.00 charge is made for each substitution.
- BUYER’S PREMIUM – Buyers of entries in this auction will pay a Buyer’s Premium (also known as a Buyer Transaction Fee) to ThoroughbredAuctions.com in the amount amount of 7% (seven percent) of the total price of any entry purchased. The Seller is not responsible for this fee.


VIDEO FEE - For videos that are not online, send us the video files and we will create a ThoroughbredAuctions.com branded video and upload it to youtube for $15 per video.


3. PAYMENT TO SELLER: ThoroughbredAuctions.com AGREES TO MAIL CHECKS TO THE CURRENT OWNER FOR THEIR ENTRY NOT EARLIER THAN FIFTEEN (15) BUSINESS DAYS NOR LATER THAN TWENTY (20) BUSINESS DAYS FROM THE DATE THE AUCTION ENDS OR FULL PAYMENT HAS BEEN VERIFIED AND FUNDS CLEAR THE BANK, whichever is later. Payment will be made to Seller, as stated above, providing all registration and health papers are in order, or the purchaser has not failed to pay for the entry for any reason, or the sale of the entry is not in dispute. Seller agrees that if the sale of any entry is not consummated by reason of default of the buyer or otherwise, ThoroughbredAuctions.com shall not be liable for the payment or collection of the purchase price or for the return of the entry. In the event a purchaser fails to pay for and receive an entry for which they placed the final bid, ThoroughbredAuctions.com shall not be held liable for said sale, but shall have the right to accept the same amount from another person, accept the next highest bid or put the entry up for sale again.


4. MINIMUM OPENING BID or Upset Price. The minimum opening bid (upset price) for this auction is $750.


5. SELLING OPTIONS:
- Sell with NO RESERVE or Minimum Price: Entry will sell to the highest bidder.
- Sell with an undisclosed Minimum Price: Minimum Price not posted. If the final bid in the auction is below the reserve bid, the entry is not sold and is retained by the seller.
- Sell at or above a Minimum Starting Bid: Entry will sell to the highest bidder that meets or bids higher than the minimum opening bid as set by the Seller.


6. INSPECTION BY BUYERS: Seller agrees to make the entry available to potential buyers for inspection or veterinary examination at a time and place agreed to by the Seller and potential buyers.


7. RIGHT TO EDIT OR CHANGE: ThoroughbredAuctions.com 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.


8. SELLER’S REPRESENTATION OF HORSE: Seller is solely responsible for the correct, accurate and honest representation of the horse 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. Some representations on disposition and handling are the opinion of the Seller and given only as an indication of the horse’s capability.  Buyer should inspect, examine and research horse to their satisfaction.  Seller is solely responsible for the accuracy of all information that appears in the online sale catalog and previews. Seller and Buyer agree to hold ThoroughbredAuctions.com harmless from any claims arising out of any such inaccuracies or omissions.


Seller is responsible for disclosing the following conditions, which must be stated in the online sale catalog: If the 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 or has a lameness due to navicular disorder, ringbone, osteoarthritis, founder prior to the sale, bone abnormality prior to sale, or neurological disorder prior to the sale, including, but not limited to, EPM or wobbles.
Seller must disclose if a broodmare has undergone a caesarean section delivering a fetus, surgery involving the cervix, a urethral extension, or the removal of an ovary and any such condition must be stated in the online sale catalog.


In the event that a horse is rejected due to Seller’s failure to disclose conditions as required by Paragraph 8, Seller shall be responsible for arranging and paying for return transportation of the horse. Additionally, Seller shall be responsible for paying ThoroughbredAuctions.com LLC the commission on the sale of the horse.
Seller is solely responsible for the accuracy of all information that appears in the online sale catalog and previews. Buyer agrees to hold ThoroughbredAuctions.com harmless from any claims arising out of any such inaccuracies or omissions.


9. ThoroughbredAuctions.com DOES NOT GUARANTEE PAYMENT BY THE ONLINE BIDDER. Due to the nature of the electronic transaction ThoroughbredAuctions.com cannot guarantee the validity or performance of an internet bidder. Seller understands that ThoroughbredAuctions.com does not guarantee the validity, enforceability, payment or collection of any instrument received in payment of the purchase price of any entry.


10.  REGISTRATION CERTIFICATES - The Jockey Club Registration/Foal Certificate for each horse entered must be furnished by the Seller prior to the sale or assign the applicable Electronic Certificate to ThoroughbredAuctions.com LLC.
ThoroughbredAuctions.com will withhold settlement for all sales, until all Registration Certificates have been delivered to ThoroughbredAuctions.com or assign the applicable Electronic Certificate to ThoroughbredAuctions.com LLC.
Any Seller offering mares as being bred must furnish ThoroughbredAuctions.com with a written Stallion Service Certificate or proof of release of The Jockey Electronic Stallion Service Certificate.
ThoroughbredAucions.com will withhold settlement of broodmares until the Seller delivers to ThoroughbredAuctions.com the stallion service certificate required by The Jockey Club in registering foals or proof of release of The Jockey Electronic Stallion Service Certificate.
ThoroughbredAuctions.com reserves the right to withhold delivery of all registration papers for all horses either bought by a Purchaser OR returned to Seller until such time as the Purchaser’s or Seller’s account with ThoroughbredAucions.com shall have been paid in full.


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.
Seller agrees that under no circumstances will the registration papers be delivered directly to Buyer or Buyer’s representative.

11. COGGINS REPORT: Seller must provide a copy of a Negative Coggins Report, with markings or photos, drawn within 12 (twelve) months prior to the end of the auction.

12. BROODMARES: All mares selling as bred, must be checked for pregnancy by a licensed veterinarian within ten (10) days prior to listing for a sale and a statement of results of this examination must be provided to ThoroughbredAuctions.com. If a mare is known to be carrying twins, it must be disclosed. Any Buyer of a broodmare may have the mare examined by a licensed veterinarian before the horse leaves Seller’s facility. Any broodmare so examined whose pregnancy status is found not to be as represented in the online sale catalog, may be returned to the Seller as unsold, and Seller shall pay veterinarian’s fee for examination. If the broodmare’s pregnancy status is found to be as represented in the online sale catalog, Buyer shall pay the veterinarian’s fee for this examination.

Seller agrees to deliver the Stallion Certificate, or confirmation of release of digital Stallion Certificate, within 5 days of the close of bidding and before the broodmare is released to the buyer. Seller further agrees to provide basic board and care until acceptable Stallion Certificate is delivered.

13. PRIVATE SALES: Once a Seller lists a horse with ThoroughbredAuctions.com, private sales before or after the auction are prohibited.  Seller and Buyer understand and agree that all private sales outside the auction will be subject to commission and consignment fees as follows: 
  (a) If Seller sells an entry prior to the opening of bidding for the auction and fails to make the sale transaction through ThoroughbredAuctions.com, Seller agrees to pay ThoroughbredAuctions.com a commission of 15% (fifteen percent) of the actual selling price, in addition to the consignment fee. 
  (b) If Seller withdraws an entry after listing a horse with ThoroughbredAuctions.com and sells to a customer who is a registered bidder, has a login account, or a customer who is generated by ThoroughbredAuctions.com, Seller agrees to pay ThoroughbredAuctions.com a commission of 15% (fifteen percent) of the actual selling price, in addition to the consignment fee. 
  (c) If Seller does not sell an entry in the auction, but within 30 days of the close of the auction sells to a customer who is a registered bidder, has a login account, or a customer who is generated by ThoroughbredAuctions.com, Seller agrees to pay ThoroughbredAuctions.com a commission of 15% (fifteen percent) of the actual selling price, in addition to the consignment fee.
14. HALTER: Seller is REQUIRED to provide a new or serviceable halter

Delivery

  • Transportation is the responsibility of the BUYER.
  • SELLER will board the horse for up to 5 days at no additional charge.
  • BUYER is responsible for obtaining the Interstate Health Certificate and/or International Import or Export papers for transportation.

ThoroughbreAuctions.com LLC
Charles Town, WV
(866) 652-7789
Info@ThoroughbredAuctions.com