Page 42 - Ride the Wave Premier Horse Sale – April 22, 2023
P. 42

erms and Conditions
                                                 Terms and Conditions
                                                 T
        Payment:                             Private Sales:                        needs to be made based on what is best for both parties.
                                                                                   Whether the buyer did their homework or not, will
        Payment in full is required to be made to MM Auction   Absolutely no private sales with trainers either prior to the
        Services immediately after the sale. Onsite bidders can pay   sale or after the auction. Trainers have given MM Auction   also be taken into consideration. Buyers are required to
        by credit card, cash or check. A 3% convenience fee will   Services, LLC Exclusive Rights for selling the consigned   contact the seller only to resolve any situations.
        be charged if payments are made with a credit or debit   horses. All horses brought to the sale are required to go   Sale Soundness Exam & Images:
        card (4% international). Online and phone bidders have   through the auction ring. Any horses “no sold” in the ring   Trainers are required to provide a sale soundness exam
        2 payment choices only, credit card or ACH (e-check).   but sold outside are expected to report it to the office. We   including images. X-rays required consist of AP and
        Make sure you plan accordingly and notify your bank of   will leave it up to the integrity of the seller to make sure   Lateral radiographs of the navicular as well as Skyline
        the charges. Any returned e-check charges will be accessed   this happens so the seller will be welcome back to the sale.
                                                                                  Navicular views and oblique views of the hocks.
        a $500 fee and required to wire the balance same day plus                 •  Buyers understand that if they want additional images of
                                             Trainer’s Guarantee:                  horses or a sale exam of their own, they will have those
        the $500 fee. Any credit card payments declined by the
        buyer’s bank for any reason will be assessed a $500 fee and                done ahead of sale time at buyers’ expense.
                                             Based upon representations made solely by the horse
        required to wire the balance same day plus the $500 fee.                  •  All horses selling at Premier Horse Sales are required
                                             trainer, all horses consigned have passed our sifting process
        International bidders have 2 payment options of credit/
                                             prior to the sale. All horses are sold guaranteed sound by   to have a sale soundness exam done by a licensed
        debit card (4% convenience fee) or wire transfer only. By
                                             the trainer only that at the time of sale the horse was sound   veterinarian in order to sell.
        making payment, you acknowledge that you waive the                        •  Sale exams can be done as early as 6 months before
                                             of limb, wind, and eye unless other announcements are
        right for a return of horse(s) along with any and all refunds              sale day but no sooner. Vets are required to upload
                                             made from the auction block. This soundness guarantee
        of monies paid etc. in conjunction with any purchases at                   information to our website, repository page, as early as 1
                                             shall be exclusively between buyer and seller only and
        this sale/auction from MM Auction Services, LLC DBA
                                             does not include any other persons.  Buyer understands   month before the sale.
        Premier Horse Sales. MM Auction Services is a pass-
                                             and agrees that MM Auction Services is not responsible   •  Some trainers will include stifle x-rays as well as others
        through agency and does not hold funds for guarantees,                     but it’s not required. If buyers want more than the
                                             to perform any inspection or to independently confirm or
        returns or refunds of monies paid on animals purchased                     required sale exam & images, they are required to get it
                                             verify the soundness of Trainer’s horse.  Buyer understands
        at auction. All current county and state sales tax rates will              done before the sale at their expense.
                                             and agrees that MM Auction Services is unaware of
        be applied to all winning bids. In order to be tax exempt,
                                             the condition of Trainer’s horse, and therefore is relying   •  X-rays are viewable on our website as early as 2 months
        appropriate forms will need to be filled out and to our
                                             solely upon representations made by Trainer regarding   before sale day up to sale day and then the system
        office BEFORE sale day or exemption will not be granted.                   automatically deletes them when the gavel drops. We do
                                             the condition of the horse and that the horse is sound.
        All buyers agree to not place any kind of charge back on                   not keep x-rays past sale day.
                                             All soundness guarantees do not include any time period
        any payment made towards the purchase of any horse.                       •  The deposit and inspection of X-rays, and access to
                                             following the sale including transportation. Buyers are
                                             encouraged to purchase equine insurance within 24   the repository are subject to our Repository Terms &
        Bidders Guarantee:                   hours of sale time to protect their investments. Shall   Conditions listed on our website. All buyers accept the
                                                                                   Repository terms and conditions when accepting these
        Bidders guarantee to not request x-rays, vet exams, or any   any soundness disputes arise; the buyer must contact the
        images or content from any vet after purchasing a horse.   seller and settle the dispute between the two of them   terms and bidding at sale.
        Bidders guarantee to get all exams and images needed from   and Buyer agrees to indemnify, release and hold harmless   •  Each buyer is encouraged to instruct their registered
        a vet prior to bidding or registering for this sale allowing   MM Auction Services, Colby or Codi Gines, Premier   veterinarian to inspect the X-rays for each Lot and
        them to have the confidence prior to the horse selling in   Horse Sales, to and from any claims, liability or damages   physically inspect each Lot prior to the purchase
                                                                                   thereof. As provided in the Standard Conditions of
        order to bid. Bidders guarantee that when they click to   which may be asserted by buyer of the horse on account
        bid online or say “yes” by phone bidding, they will pay the   of any breach of warranty, breach of promise or alleged   Sale contained in the Sales Catalogue and on our
        fees listed below even if they determine they “didn’t mean”   misrepresentation. In the event it is determined that the   website, each Lot purchased is purchased, at the fall
        to bid or call it an accident. If you click to bid online, you   defect was present at the time of sale, the trainer is required   of the hammer, with all defects and deficiencies, latent
        are entering a legal binding contract. It doesn’t matter   to trade the buyer a horse of same value. If the horse is   and patent, subject to the exceptions set out in the said
                                                                                   Standard Terms and Conditions of Sale, or, announced
        whether you bid accidentally or someone else bids for you   determined not to have the alleged defect, the sale of said
        under your account. Same goes for phone bidding. We call   horse is valid and enforceable and purchaser assumes all   prior to the auction of a Lot. The Buyer acknowledges
        the number you provide and the person on the other end   costs of examination, treatment, and sale purchase price.   that it is his sole responsibility to determine the quality,
        is the bidder and has final say. Bidding and winning but   Soundness does not guarantee pass of a check by any vet   accuracy and completeness of the sale exam and to
        not paying for the horse will result in fees due for loss of   or trainer following the sale. Buyers are to ride and visit   obtain independent advice with respect thereto from a
                                                                                   registered veterinarian.
        income to both the seller and MM Auction Services, LLC.  the horse before the sale giving them confidence they need
        •  8% of the determined sale price to MM Auction   to bid come sale day. If they want additional x-rays, they
          Services for loss of income & distress  need to have them completed before the sale at their own   Requirements for Transport:
        •  2% of the determined sale price to MM Auction   expense. The buyer understands and agrees that the trainer   •  Coggins – Required for transport into and out of every
          Services for pain & distress       of each animal (not MM Auction Services nor Premier   state. All horses sold are required to provide a coggins
        •  $500 nomination fee to the seller for loss of income &   Horse Sales) represents and warrants to the buyer, Premier   test current within six months of sale date (provided by
          distress                           Horse Sales, MM Auction Services LLC to include but   trainer).
        •  $500 advertising fees to the seller for loss of income &   not limited to the following:  •  Health – Required for transport out every state. A
          distress                           •  Title of the animal, free from all claims of ownership  veterinarian will be on grounds to provide all horses
        •  $10,000 training fees to the seller for loss of income &   •  Sound of limb, eyes, and wind  going out of state a current health inspection. Fees will
          distress                           •  Not a cribber or wind sucker       be included with horse payment at checkout, $75 per
        •  $3,500 travel fees to the seller for loss of income &   •  Not cryptorchid  animal (International Health is additional $300).
          distress                           •  Not pregnant
                                             •  Be exactly what they represent them to be.
                                             •  If said horse is not what the trainer represents it to be,
                                              Trainer will take the horse back and give the buyers a
                                              horse that they claimed to have purchased. A decision
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