Page 51 - Diamonds in the Desert-Premier Horse Sale-Las Vegas – Dec. 6, 2024
P. 51

T
                 erms &
                Terms & Conditions

                          Conditions
        Seller’s Guarantee:                  •  Health – Required for transport out every state. A   for a particular purpose of any animal in the sale. The
                                               veterinarian will be on grounds to provide all horses   buyer agrees that it is relying upon any warranties or
        Based upon representations made solely by the horse seller,
        all horses consigned have passed both our sifting processes   going out of state a current health inspection. Fees will   representations made prior to or during the sale to be made
        prior to the sale. All horses are sold guaranteed sound by   be included with horse payment at checkout, $75 per   only by and on behalf of the seller or their representatives.
        the seller only that at the time of sale the horse was sound   animal (International Health $300).  Buyer agrees that MM Auction Services LLC and Premier
        of limb, wind, and eye unless other announcements are   Transporters:     Horse Sales are serving merely as agents selling said
                                                                                  horse(s) for the seller as the principle. The seller/trainer is
        made from the auction block. This soundness guarantee   We highly recommend that buyers hire a licensed and
        shall be exclusively between buyer and seller only and   insured transporter. Big Horse Express is exactly that and   the sole responsible party for all representations, warranties,
        does not include any other persons.  Buyer understands                    and guarantees expressed or implied concerning the
                                             our sale’s exclusive transporter. They’ll be at the sale waiting
        and agrees that MM Auction Services is not responsible   to take care of you and your next partner. Call to get a   condition of any horse and buyers should satisfy themselves
        to perform any inspection or to independently confirm or   quote 352-615-5070.  concerning the condition before purchasing. Trainers will
                                                                                  not replace animal because of human/animal personality
        verify the soundness of seller’s horse.  Buyer understands   Equine Insurance:
        and agrees that MM Auction Services is unaware of                         conflicts. Once again, buyers need to do their homework
                                             We highly recommend that buyers protect their   well in advance of the sale to find the sale animal that best
        the condition of Seller’s horse, and therefore is relying
                                             investments and purchase equine insurance. Specialty Risk   fits them. The buyer and sale attendees further agree to
        solely upon representations made by seller regarding the
                                             Insurance offers drop of the hammer coverage and free for
        condition of the horse and that the horse is sound.  All                  hold the seller, MM Auction Services LLC, and Premier
                                             5 days. They are our exclusive equine insurance provider.   Horse Sales harmless from all loss, cost and expense rising
        soundness guarantees do not include any time period
                                             Call Mike Fester for a quote 405-626-7550.  from illness, injury or death of such animal, or loss or
        following the sale including transportation. Buyers are
        encouraged to purchase equine insurance directly following  Care of & Pick-Up:   damage to property, and injury or death of persons, caused
        the sale to protect their investments. Shall any soundness   Buyer assumes full ownership and responsibility of the   by themselves, their agents, or employees, or by the animal,
        disputes arise; the buyer is required to contact the seller   animal from the time it is sold in the sale ring. It is the   subsequent to the time of purchase.
        and settle the dispute. Buyer agrees to indemnify, release   new owner’s responsibility and sole risk from the time of   Liability:
        and hold harmless MM Auction Services, Colby or Codi   purchase for proper feed, care, and maintenance. Buyers will   Buyers, sellers, and spectators are cautioned to exercise
        Gines, Premier Horse Sales, to and from any claims,   be responsible to pick-up purchased horse(s) immediately   care while attending the sale and enter premises at their
        liability or damages which may be asserted by buyer of   following the sale or a nightly boarding/care/feed fee   own risk according to the laws of the state in which the
        the horse on account of any breach of warranty, breach   will be assessed. If buyers are not able to do so then MM   sale is held (Florida, Nevada, Texas, or Wyoming). Neither
        of promise or alleged misrepresentation. In the event it is   Auction Services will feed, water, and care for the horses   the owners nor any other persons connected with this
        determined that the defect was present at the time of sale,   until transport arrives. All horses can stay in their current   sale assume any liability, legal or otherwise, for accidents
        the seller is required to trade the buyer a horse of same   stall until noon the day after the sale. They are required to   to persons or property, before, during, or after the sale.
        value. If the horse is determined not to have the alleged   be checked out no later than noon.   Colby & Codi Gines, Premier Horse Sales, MM Auction
        defect, the sale of said horse is valid and enforceable and   Buyer’s Fees:  Services, LLC; its principals, directors, officers, agents,
        purchaser assumes all costs of examination, treatment, and                employees and volunteers, and each and every landowner,
                                             Nevada Sales Tax: Buyer understands that Nevada sales
        sale purchase price. Soundness does not guarantee pass of                 municipal and/or government agency upon whose
                                             tax depends on point of possession. Buyer understands
        a check by any vet or trainer following the sale. Buyers are              property this activity is conducted, shall not be liable for
                                             that if they take possession of their new horse in Nevada,
        to ride and visit the horse before the sale giving them the               injuries sustained by anyone attending the Premier Horse
                                             all Nevada sales taxes are applicable and enforced. Buyer
        confidence they need to bid come sale day. If Buyer wants                 Sales. MM Auction Services, LLC & its associates act as
                                             understands that if they take possession in a different
        additional x-rays, they need to have them completed before                agents only and are not responsible for buyer/seller error
                                             state, applicable sales tax is applied or enforced from that
        the sale at their own expense. Buyers are required to contact             or misunderstanding. All guarantees are for the benefit
                                             state. By signing and agreeing with these terms, buyer is
        the seller to resolve any situations. A decision needs to be              and reliance by buyers and are strictly between the buyer
                                             guaranteeing point of possession to MM Auction Services
        made based on what is best for both parties. Whether the                  and the seller of the horse. All animals are sold “As Is”.
                                             & Premier Horse Sales. If the state of Nevada determines
        buyer did their homework or not, will also be taken into                  In further consideration of this sale, I agree to indemnify
                                             point of possession to be in Nevada, buyer is obligated
        consideration.                                                            and defend Premier Horse Sales, MM Auction Services,
                                             to pay all sales tax and late fees accessed by the state and
                                                                                  LLC, Colby & Codi Gines, their agents and associates,
                                             reimburse MM Auction Services of any fees & fines.
        The buyer understands and agrees that the seller of each                  from all injury, loss of equipment, loss of animal or
                                                •  Las Vegas, Nevada - Clark County, Nevada applies
        animal (not MM Auction Services nor Premier Horse                         damages to myself, my animals or damages or injury to
                                                 an 8.375% Sales Tax depending on point of
        Sales) represents and warrants to the buyer, Premier Horse                others lien property from my animals, by entering this
                                                 possession.
        Sales, MM Auction Services LLC to include but not                         horse sale whether by negligence, breach of warranty, or
                                                •  Fort Worth, Texas - No Sales Tax – 0% Sales Tax
        limited to the following:                                                 any misrepresentation which is alleged to have been made
                                                 on all livestock
        •  Title of the animal, free from all claims of ownership                 about the soundness of any animal sold at the sale . The
                                                •  Ocala, Florida – No Sales Tax - 0% Sales Tax on
        •  Sound of limb, eyes, and wind                                          undersigned by executing this instrument delivers said
                                                 Horses
        •  Not a cribber or wind sucker                                           agreement to MM Auction Services, LLC and Colby and
                                             •  Brand Inspection: $20 brand inspection fee/horse (not
        •  Not cryptorchid                                                        Codi Gines and declares them free of any and all claims. If
                                               all states are brand states).
        •  Not pregnant                                                           any claim or dispute is asserted or arises out of or over the
                                             •  Health Papers: $75 health inspection fee/horse
        •  Be exactly what they represent them to be.                             sale or consignment of any lot or animal sold at auction,
                                               (International $300)
        Requirements for Transport:          •  Additional Fees:                  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 only   •  1% Online Buyers Fee
          on all sale horses: A brand inspection (AKA Ownership   •  2% Phone Bidding Fee   Wyoming law shall control this transaction or any claims
          Papers) is included with horse payment at checkout and   •  3% credit/debit card convenience fee (4%   or disputes which arise directly or indirectly out of this
          must be obtained from the brand inspector once you have   International)   transaction in all respects. By purchasing a horse at Premier
          paid for your horse(s), $20 fee charge.  Warranty:                      Horse Sales and/or executing this instrument, I verify that
        •  Coggins – Required for transport into and out of every                 I have read the above information/terms & conditions in
                                             There is no implied warranty made by auctioneer or   full and hereby agree to be bound by them.
          state. All horses sold are required to provide a coggins test
                                             Sale Company as to the merchantability or fitness
          current within six months of sale date (provided by seller).
   46   47   48   49   50   51   52