Page 55 - Diamonds in the Desert-Vegas All Breeds Horse Sale – Dec. 8, 2023

Terms & Conditions
T
Conditions
erms &

Seller’s Guarantee: Requirements for Transport: representations made prior to or during the sale to be made
only by and on behalf of the seller or their representatives.
Based upon representations made solely by the horse seller, • Brand Inspection – Required by the brand law states
all horses consigned have passed both our sifting processes only on all sale horses: A brand inspection (AKA Buyer agrees that MM Auction Services LLC and Premier
prior to the sale. All horses are sold guaranteed sound by Ownership Papers) is included with horse payment at Horse Sales are serving merely as agents selling said
the seller only that at the time of sale the horse was sound checkout and must be obtained from the brand inspector horse(s) for the seller as the principle. The seller/trainer is
of limb, wind, and eye unless other announcements are once you have paid for your horse(s), $20 fee charge. the sole responsible party for all representations, warranties,
and guarantees expressed or implied concerning the
made from the auction block. This soundness guarantee • Coggins – Required for transport into and out of every
shall be exclusively between buyer and seller only and state. All horses sold are required to provide a coggins condition of any horse and buyers should satisfy themselves
does not include any other persons. Buyer understands test current within six months of sale date (provided by concerning the condition before purchasing. Trainers will
and agrees that MM Auction Services is not responsible seller). not replace animal because of human/animal personality
to perform any inspection or to independently confirm or • Health – Required for transport out every state. A conflicts. Once again, buyers need to do their homework
well in advance of the sale to find the sale animal that best
verify the soundness of seller’s horse. Buyer understands veterinarian will be on grounds to provide all horses
and agrees that MM Auction Services is unaware of going out of state a current health inspection. Fees will fits them. The buyer and sale attendees further agree to
the condition of Seller’s horse, and therefore is relying be included with horse payment at checkout, $75 per hold the seller, MM Auction Services LLC, and Premier
solely upon representations made by seller regarding the animal (International Health $300). Horse Sales harmless from all loss, cost and expense rising
Transporters:
condition of the horse and that the horse is sound. All from illness, injury or death of such animal, or loss or
soundness guarantees do not include any time period damage to property, and injury or death of persons, caused
We highly recommend that buyers hire a licensed and
following the sale including transportation. Buyers are by themselves, their agents, or employees, or by the animal,
insured transporter. Big Horse Express is exactly that and
encouraged to purchase equine insurance directly following subsequent to the time of purchase.
our sale’s exclusive transporter. They’ll be at the sale waiting
the sale to protect their investments. Shall any soundness Liability:
to take care of you and your next partner. Call to get a
disputes arise; the buyer is required to contact the seller Buyers, sellers, and spectators are cautioned to exercise
quote 352-615-5070.
and settle the dispute. Buyer agrees to indemnify, release care while attending the sale and enter premises at their
and hold harmless MM Auction Services, Colby or Codi Equine Insurance: own risk according to the laws of the state in which the
Gines, Premier Horse Sales, to and from any claims, We highly recommend that buyers protect their
sale is held (Florida, Nevada, Texas, or Wyoming). Neither
liability or damages which may be asserted by buyer of investments and purchase equine insurance. Specialty Risk the owners nor any other persons connected with this
the horse on account of any breach of warranty, breach Insurance offers drop of the hammer coverage and free for sale assume any liability, legal or otherwise, for accidents
of promise or alleged misrepresentation. In the event it is 5 days. They are our exclusive equine insurance provider. to persons or property, before, during, or after the sale.
determined that the defect was present at the time of sale, Call Mike Fester for a quote 405-626-7550. Colby & Codi Gines, Premier Horse Sales, MM Auction
Care of & Pick-Up: Services, LLC; its principals, directors, officers, agents,
the seller is required to trade the buyer a horse of same
value. If the horse is determined not to have the alleged
Buyer assumes full ownership and responsibility of the employees and volunteers, and each and every landowner,
defect, the sale of said horse is valid and enforceable and municipal and/or government agency upon whose
animal from the time it is sold in the sale ring. It is the
purchaser assumes all costs of examination, treatment, and property this activity is conducted, shall not be liable for
new owner’s responsibility and sole risk from the time of
sale purchase price. Soundness does not guarantee pass of
purchase for proper feed, care, and maintenance. Buyers will injuries sustained by anyone attending the Premier Horse
a check by any vet or trainer following the sale. Buyers are
be responsible to pick-up purchased horse(s) immediately Sales. MM Auction Services, LLC & its associates act as
to ride and visit the horse before the sale giving them the
following the sale or a nightly boarding/care/feed fee agents only and are not responsible for buyer/seller error
confidence they need to bid come sale day. If Buyer wants or misunderstanding. All guarantees are for the benefit
will be assessed. If buyers are not able to do so then MM
additional x-rays, they need to have them completed before and reliance by buyers and are strictly between the buyer
Auction Services will feed, water, and care for the horses
the sale at their own expense. Buyers are required to contact
until transport arrives. All horses can stay in their current and the seller of the horse. All animals are sold “As Is”.
the seller to resolve any situations. A decision needs to be
stall until noon the day after the sale. They are required to In further consideration of this sale, I agree to indemnify
made based on what is best for both parties. Whether the
be checked out no later than noon. and defend Premier Horse Sales, MM Auction Services,
buyer did their homework or not, will also be taken into LLC, Colby & Codi Gines, their agents and associates,
consideration. Buyer’s Fees: from all injury, loss of equipment, loss of animal or
Sales Tax:
damages to myself, my animals or damages or injury to
The buyer understands and agrees that the seller of each • Fort Worth, Texas - No Sales Tax – 0% Sales Tax on all
others lien property from my animals, by entering this
animal (not MM Auction Services nor Premier Horse livestock horse sale whether by negligence, breach of warranty, or
Sales) represents and warrants to the buyer, Premier Horse • Las Vegas, Nevada - Clark County, Nevada applies an any misrepresentation which is alleged to have been made
Sales, MM Auction Services LLC to include but not 8.375% Sales Tax depending on point of possession. about the soundness of any animal sold at the sale . The
limited to the following: • Ocala, Florida – No Sales Tax - 0% Sales Tax on Horses undersigned by executing this instrument delivers said
Brand Inspection: $20 brand inspection fee/horse (not all
agreement to MM Auction Services, LLC and Colby and
• Title of the animal, free from all claims of ownership states are brand states). Codi Gines and declares them free of any and all claims. If
• Sound of limb, eyes, and wind • Health Papers: $75 health inspection fee/horse any claim or dispute is asserted or arises out of or over the
• Not a cribber or wind sucker (International $300) sale or consignment of any lot or animal sold at auction,
• Not cryptorchid Additional Fees: it is agreed that venue for any dispute shall be resolved
• Not pregnant • 1% Online Buyers Fee
exclusively in the Courts in the State of Wyoming, and that
• Be exactly what they represent them to be • 2% Phone Bidding Fee Wyoming law shall control this transaction or any claims
• 3% credit/debit card convenience fee (4% International)
or disputes which arise directly or indirectly out of this
Warranty: transaction in all respects. By purchasing a horse at Premier
There is no implied warranty made by auctioneer or Horse Sales and/or executing this instrument, I verify that
Sale Company as to the merchantability or fitness I have read the above information/terms & conditions in
for a particular purpose of any animal in the sale. The full and hereby agree to be bound by them.
buyer agrees that it is relying upon any warranties or