CONDITIONS OF SALE TERMS – WARRANTIES – BUYING PROCEDURE – SETTLEMENT FOR ALL HORSEBID, LLC LIVE AUCTIONS – ONLINE VIDEO AUCTIONS – TIMED AUCTIONS
1. GOVERNING LAW - Horsebid, LLC a Pennsylvania Corporation. All transactions and disputes are governed by Pennsylvania Law.
2. LIMITATION OF LIABILITY - Horsebid, LLC is an independent contractor regularly engaged in the business of conducting online timed consignment sales of horses and is recognized as “sale management”. These sales provide a public means via live, online video and/or timed auctions, to bring together a seller and a buyer for the purpose of completing the sale of a specified horse. Horsebid, LLC holds no ownership interest in any horse offered for sale, and is not responsible for any liability whatsoever, including, but not limited to, the loss, damage, injury, death or illness of any horse, person or property before, during or after the sale. In the event of any legal dispute between a buyer and owner, Horsebid, LLC will occupy the position of agent for a disclosed principal and stakeholder and will be discharged from all obligation upon delivery of any property and/or funds held, to a court having jurisdiction of such dispute EACH HORSE OFFERED IN THIS SALE IS SOLD “AS IS” AND WITH ALL DEFECTS. OWNERS, BIDDERS AND BUYERS CONSENT TO RECEIVE ELECTRONIC MESSAGES PERTINENT TO ANY AND ALL AUCTION BUSINESS VIA TEXT, EMAIL AND PHONE WHICH MAY BE SENT THROUGH AN AUTOMATIC SYSTEM FROM HORSEBID, LLC AND ITS AFFILIATES.
3. BUYER REGISTRATION/PRE-SALE PURCHASE ARRANGEMENTS - Every potential buyer must pre-register prior to bidding. HORSEBID, LLC RESERVES THE RIGHT TO ACCEPT OR REJECT ANY REQUEST FOR BUYER OR OWNER PARTICIPATION ON HORSEBID’S ONLINE TIMED AUCTION. Non-US Bidders – Foreign buyers are welcome. To participate please note US funds and a form of positive identification are necessary. ALL PAYMENTS MUST BE MADE DIRECTLY TO THE TO THE OWNER. Methods of payment accepted from all buyers are: 1. US Bank wire transfer (RECOMMENDED)2. US Cashier’s Check 3. US Cash 4. US Money Order 5. Mastercard, Visa, Discover & American Express 6. US Bank Drawn Pre-Approved Check-All approved checks must be cleared before horses are transported.A 2% office processing fee will be added to all purchases, however this fee may be discounted and determined per each individual transaction for purchases paid by cash, cashier’s check, bank money wire transfer, approved check, money order. As a bidder if you win an auction you are required to make all arrangements with seller within 48 hours at the end of the auction, contact the seller and make all necessary payment and transport arrangements with seller of horse. HorseBid is not responsible for making these arrangements.A CONVENIENCE FEE OF 3% WILL BE CHARGED FOR ALL CREDIT CARD PURCHASES, TO BE PAID BY THE BUYER AS PART OF THE PURCHASE PRICE.
4. ALL ONLINE DISPLAYED HORSE INFORMATION ERRORS AND ANNOUNCEMENTS ALL ELIGIBILITIES NOTED WITHIN THE HORSEBID’s AUCTION SITE HAVE BEEN PROVIDED BY THE OWNER AND HAVE NOT BEEN VERIFIED BY HORSEBID, LLC - The accuracy of all information regarding all horses is the sole responsibility of the owner. While certain information may have been procured by Horsebid, LLC from third parties on behalf of the owner, it is nonetheless solely the responsibility of the owner to verify the accuracy of such information. Horsebid, LLC nor any representative thereof, assumes any responsibility or liability for errors or omissions, or for any verbal or written statement regarding the horse sold. If a prospective buyer is not sure about the displayed information regarding a horse up for bidding, he should immediately consult with the owner.
5. WARRANTIES & EXPRESSED LIMITED WARRANTIES BUYERS ARE ENCOURAGED TO PRE-INSPECT AND ARE CAUTIONED TO CAREFULLY EXAMINE ANY HORSE PRIOR TO BIDDING OR PURCHASING - Potential buyers, at their expense, have the option to have a veterinary examination performed on any horse prior to the close of bidding. Owner’s permission must be obtained prior to any such examination. BUYERS CANNOT HAVE WHAT IS KNOWN AS A COMPLETE PRE-SALE VETERINARY EXAMINATION OF ANY HORSE AFTER PURCHASE. There is no warranty, express or implied, by Horsebid, LLC or any representative as to the soundness, condition, merchantability or fitness for any particular purpose of any horse offered for sale. It is the position of Horsebid, LLC that all horses are sold “AS IS” with all existing conditions and defects. Any guarantees announced verbally on behalf of the owner are strictly between owner and buyer. In addition to speaking with the sellers the prospective buyers have the option to go and test ride any horse before they bid. BEFORE the auction ends is the time to go test the horses out, NOT after you win an auction. 48 HOUR RULE BUYERS CANNOT HAVE A VETERINARIAN PERFORM WHAT IS KNOWN AS A COMPLETE PRE-SALE EXAMINATION OF ANY HORSE AFTER PURCHASE.
6. OWNERS RIGHT TO BID -This auction is conducted “with reserve”, meaning the right to bid is reserved by the owner. To protect the desired sale price for the horse. Horsebid, LLC reserves the right to bid on the behalf of the owner up to the amount of the reserve bid. If the owner or its representative makes a final bid equal to or greater than the reserve, owner will pay the 12% sale commission due.
7. BIDDING PROCESS, DISPUTES, MALFUNCTIONS - Horsebid, LLC reserves the right to reject any and all bids. Should any dispute arise between two or more bidders, Horsebid,LLC shall settle said dispute and that decision shall be absolute, final and binding on all parties. In the event of known equipment malfunction, the auction will be stopped. If the malfunction has not affected the sale of horses sold prior to the malfunction, they will be considered sold. The auction will proceed upon correction of the malfunction. When bidding on a horse as a bidder you have the option to compete in the auction and place one bid at a time or just put in a maximum bid and allow the proxy bid software to bid the lowest amount possible on your behalf each time you are outbid. Each auction will have a scheduled end time/date but be aware that during the last 10 minutes of the auction that 2 minutes will be added to the clock every time that a bid is placed so that there is no chance of a last-second “sniper” bid which is so common on other bidding sites as time expires.
8. TITLE AND RISKS - Title transfers immediately to the buyer at the final and winning bid. Title transfer includes all risk of loss including but not limited to illness, injury or death of the horse. Additionally, at title transfer, the buyer assumes all responsibility for the care and maintenance of the horse, for any loss or damage to property and for injury or death of persons caused by the horse, buyer or buyer’s employees. Additionally, buyer agrees to hold harmless Horsebid, LLC for such loss or damage. TITLE AND RISKS ARE ASSUMED BY THE BUYER WHETHER OR NOT SETTLEMENT AND DELIVERY HAVE BEEN MADE. THIS SHALL ESPECIALLY BE THE CASE WITH PURCHASES MADE BY PHONE OR ONLINE.
9. PERSONAL CHECK LIABILITY - Any person issuing and signing a pre-approved personalized check or authorizing a credit card purchase in the State Of Pennsylvania will be held liable for the amount of the transaction. Writers of any returned check or disputed credit card purchases will be turned over to the local district attorney and will be prosecuted to the fullest extent of the law. In addition to a $50.00 NSF charge, there will be a $500.00 fee for all returned checks that are not repaid by banking wire transfer within one day of the return date of the check.
10. DEFAULT - Buyers who fail in any respect whatsoever to pay for any horse under these terms shall be declared in default. Any horse purchased by a defaulter may be resold by seller at public or private sale without notice for buyer’s account. Costs of such resale will be those of the defaulter. Should such resale fail to satisfy the defaulter’s account in full, defaulter will immediately pay to seller, the amount owing or be subject to legal suit. The defaulter will be responsible for all costs, including attorney’s fees incurred by seller or Horsebid, LLC in collection of amounts owing for horse(s) purchased, or in enforcement or interpretation of this term of sale.
11. LIEN/SECURITY INTEREST - To secure the payment of the purchase price and expenses for any horse purchased, together with all other indebtedness owed or hereafter owing by the buyer to seller the buyer hereby grants a purchase money security interest and lien in and to each horse and all accounts, contract rights, registration papers, breeder’s certificates, records, general intangibles, proceeds and products relating thereto.
12. TRANSFERS/REGISTRATION CERTIFICATES - NO REGISTRATION CERTIFICATES FOR PURCHASED HORSES WILL BE RELEASED AFTER PAYMENT IS RECEIVED AND CLEARED. THERE IS ABSOLUTELY NO EXCEPTION TO THIS RULE. ALL PAPERWORK WILL BE HELD BY SELLER UNTIL BUYER’S PAYMENT BECOMES UNCONDITIONAL PAYMENT.
23. POST SALE REMOVAL - All sold horses must be removed from the sellers property in a timely fashion as agreed between buyer and seller. Sold Horses on the sellers property remain at the risk, responsibility, and expense of the buyer. Any delays in TRANSPORT must be pre-approved by seller OR You may pick up your purchase in person. Each seller will be able to work with the buyers TO ARRANGE TRANSPORTATION at buyers expense with a TRANSPORT company if needed, to any state or Canada. International TRANSPORT is also an option at buyers expense.