Page 51 - Ride the Wave Premier Horse Sale – March 29, 2025
P. 51

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