Page 59 - Ride The Wave Premier Horse Sale – March 29-30, 2024
P. 59

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