By registering with Classic Horse Auction, you are bound by the terms and conditions of the auction as set forth. As a buyer, you agree to pay for auctions won and items bought.
PLEASE READ THE COMPLETE CONDITIONS OF SALE BEFORE BIDDING. Please keep a copy for your records. You will be bound by these Conditions.
1. AGREEMENT: a) I represent and agree that I am of legal age, authority and capacity 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 Classic Horse Auction. e) Buyer agrees to make any sale transaction for this entry through Classic Horse Auction.). Buyer agrees that if they have the winning, final bid, or accepted bid in auction, 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 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 an independent pre-purchase examination, or d) hire an agent or equine professional to inspect and evaluate the horse or any other means that Buyer, in their discretion, regards.
3. REPRESENTATION OF HORSE: Seller is responsible for the correct representation of horse(s) they list, including but not limited to the description, disclosure form, horse information, riding and training, 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 responsible for disclosing the following conditions, which must be stated in the online description, 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 or has a lameness due to navicular disorder, ringbone, osteoarthritis, founder prior to the sale or other bone abnormality or neurological disorder. Seller is solely responsible for the accuracy of all information that appears in the online sale representation or is communicated to the buyer directly. Seller agree to hold Classic Horse Auction harmless from any claims arising out of any such inaccuracies or omissions.
4. 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 by Classic Horse Auction. Classic Horse Auction reserves the right to hold funds until the horse is picked up by buyer’s transport of choice.
5. NO IMPLIED WARRANTIES: There is no warranty expressed or implied by the sales company, sponsors, or Seller, as to the performing soundness, merchantability, or fitness for any particular purpose of any horse offered on this site, other than those made specifically by the Seller. 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.
6. 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 within 5 days.
7. RISK AND RESPONSIBILITY FOR HORSE: Buyer assumes all risk, responsibility, and expense for the horse at the conclusion of the auction. 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.
8. BIDDING: Bidding will close at a specific time and date, which is listed on the Classic Horse Auction website. If a horse is listed with a BUY IT NOW price it can be purchased at that price. Or, a bidder can place a bid.
9. SELLING OPTION: Each horse is listed to sell at or above a Minimum Starting Bid and may or may not have a reserve. The first person to select BUY IT NOW, and complete payment for the horse in full at the listed BIN price will be the buyer.
10. PAYMENT BY BUYER – Once bidding is closed, a 10% payment must be made immediately via credit card. Processing fees will be applied. Final payment in full must be made within 24 hours of the conclusion of the auction. Make all payments to CLASSIC HORSE AUCTION, LLC. Payment may be made in the form of bank wire transfer, credit card (there is a 4% convenience fee when paying via credit card) or cashier’s check. Cashier’s checks must be made out to CLASSIC HORSE AUCTION, 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 $200.00 will be made on any payment that is returned. Buyer agrees not to stop payment on check for any reason. All checks MUST BE OVERNIGHTED VIA FEDEX or UPS. DO NOT SEND CHECKS VIA US POSTAL SERVICE. If funds are not collected within 24 hours of the sale, the horse will be offered to the next bidder.
11. PAYMENT TO SELLER – Once funds are secured by Classic Horse Auction, all agreed upon commission and fees will be deducted from the purchase price paid by the Buyer and a check or money wire will be issued and mailed out to the seller no more than 7 days from the conclusion of the auction.
12. DEFAULT ON PURCHASE – If any person shall purchase a horse and not pay for it as prescribed above, Classic Horse Auction 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. Defaulting on a purchase will result in a breach of contract.
13. HEALTH CERTIFICATES: Buyer will be responsible for obtaining the Interstate Health Certificate for transportation.
14. WITHHOLDING FUNDS: Buyer agrees that Classic Horse Auction shall not be required to remit to Seller or Buyer, the net proceeds of the sale of any listing 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 Classic Horse Auction. 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, Classic Horse Auction may retain its fees and costs and may hold in escrow the balance of any proceeds of sale in its possession, pending a resolution of the dispute. Any and all legal fees and costs incurred by Classic Horse Auction may be deducted by Classic Horse Auction 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.
15. INDEMNITY: Buyer releases Classic Horse Auction, or any agency related to Classic Horse Auction, from any and all responsibilities, liabilities, obligations, claims, lawsuits, or legal proceedings arising from the sale of this listing. If legal action is initiated against Classic Horse Auction involving this listing, the Seller agrees to fully indemnify Classic Horse Auction from such suit, including legal fees and costs incurred by Classic Horse Auction
16. ADDITIONAL TERMS AND CONDITIONS: The Terms and Conditions for the use of Classic Horse Auction 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.
Any and all matters shall be governed by the Laws of the State of Tennessee and venue shall be Marshall County, Tennessee.
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