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Conditions of Sale - {{ viewVars.auctionTitle }}
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How It Works – The Basics

  1. Sign-up and register an account on EquineAuction.com
    1. This will allow you to be an active bidder on our live auctions.
    2. Welcome to the EquineAuction Family!
  2. Take time to familiarize yourself with our website and the Horses that we have available.
  3. When you’re ready to make a bid, select the Horse that you’re interested in and select the “Bid Now” button.
    1. EquineAuction Tip:  Use our “Maximum Bid” setting and let our top-class software do the work for you!  Further details on this below.
  4. Upon “Winning” one of our Live-Auctions:
    1. Congratulations!  Thank you for putting your trust in us – we greatly appreciate your business!
    2. Following your Auction-Winning bid, either the seller or a representative from EquineAuction will be in contact to set up payment & transportation arrangements.
      1. Feel free to reach out directly to the seller if you feel inclined to do so.
  5. Upon “Losing” one of our Live-Auctions:
    1. Nothing more to be done on your end.  Let’s find you another!
    2. Please revisit our Live-Auctions page – We’re confident that we have another Horse available and ready to fit your wants & needs.
  6. Please be aware that EquineAuction does charge a 2% Purchaser’s Premium on all Winning Bids.
  7. Each of the Auctions with EquineAuction last for approximately 10 to 14 days.
    1. Within the time that the Auction is open, potential Buyers can communicate directly with Sellers to discuss specifics surrounding each individual Horse for sale.
    2. EquineAuction recommends using this time to communicate with Sellers about specific traits and/or skills the Horse for auction possesses.
    3. You may also communicate with the Sellers to set-up an in-person viewing or test-ride prior to purchasing.
      1. Please be cognizant of timing in relation to ow long the Auction will remain open.  For Example; attempting to set-up a test-ride on the day an Auction ends will be incredibly difficult.  EquineAuction recommends setting this up, if needed, as soon as you have interest in the Horse for Auction.
      2. Buyers CANNOT test-ride their purchases AFTER they have won an Auction.
        1. ALL AUCTION SALES ARE FINAL AT CLOSEOUT.
        2. Please Arrange for a test-ride, if needed, prior to Auction closeout.

For more detailed information on “Getting Started” and EquineAuction as a whole, please see below



Getting Started with EquineAuction

Creating an Account with EquineAuction & Registering to Bid
- 3-Step Process – Get Started in under 10mins! –

  1. Step 1: Create your Account.
    1. From the top of the EquineAuction homepage select the “Sign-Up” Button.
    2. Enter your Full Name, Email address, & choose your password.
      1. Please make sure to store your Username & Password in a secure location!
      2. Please NOTE – You hold financial responsibility for any & all bids placed with your account Username & Password.  Keep this information SAFE & SECURE.
  2. Step 2:  Registering your Account to Bid.
    1. After creating your account, Log-In using your newly created Username & Password.
    2. Click on the “Register” button located on our Live-Auctions page.
      1. VERIFY all of the contact information for accuracy.
      2. Provide Credit Card information.
        1. This information is used to verify and confirm the identity of our Bidders.
        2. Your CC will NOT be charged under any circumstance unless you have selected the option to “Pay by Credit Card” after winning an auction.
    3. After you have verified your contact information and entered your Credit Card info, click the “Agree to Terms and Conditions” box located at the bottom of the page.
    4. Then, click the “Confirming: I am 18 or Older” box located at the bottom of the page.
    5. Finally, click the “Register to Bid” button.
    6. Congratulations, you’re ready to go and start bidding on our top-class selection of Equines!
    7. IMPORTANT:  UPON REGISTERING TO BID FOR HORSES ON EQUINEAUCTION, YOU ARE HEREBY AGREEING TO EQUINEAUCTION’S CONDITIONS OF SALE.
  3. Step 3:  Place your bid!
    1. Head over to our Live-Auctions page and search for what you’re looking for.
    2. Once finding the Horse that meets your wants & needs, click on that specific Horse Auction, and then select the “Bid Now” button located on the Auction page.
    3. EquineAuction Tip:  Feel free to utilize our “Maximum Bid” setting and allow our software to do the work for you.
      1. Automatically keeping up with your open bids in our Live-Auctions and re-bidding should another bidder place a larger bid than yours.
      2. This software will continue to re-bid on your behalf up until your “Maximum Bid” amount has been met.  Once this happens, our software will no longer bid for you.



Bidding & Auction Tips from EquineAuction

Tips for Placing a Bid

  1. Start by locating your desired Horse from our Live-Auctions page.
  2. Select that specific Auction by clicking on the Horse.
  3. Once on the specific auction page, select the “Bid Now” button.
  4. When placing a bid you will see a number identified as “Bid Amount Needed” located next to the “Bid Now” button.
    1. This number identifies the bid amount required to become the current Highest-Bidder in the auction.
    2. Our bidding system is set up to allow for bids to be made only in specific increments.
      1. The “Bid Amount Needed” will be the next highest increment above the last “Highest Bidder”.
  5. Please only click ONCE to place your bid.
    1. You will need to refresh your browser page to see your bid in the Live-Auction.
  6. Please Note:  In the event that multiple bidders place bids for the same amount at the same time, it is the bid that reaches our hosting-servers FIRST that will be represented in the Live-Auction.
    1. Should your bid NOT be the first to reach our hosting-servers, you will be prompted to re-bid at the next highest increment.
    2. Bidding increments are set at $250.



EquineAuction Max Bid Setting – Auto Bid
STRONGLY RECOMMENDED

EquineAuction provides you with top-class Horses and peace of mind through our Live-Auction software.

  1. By using our “Maximum Bid” setting you are able to select a maximum bid amount for each individual auction.  From there, our software will automatically keep track of the Live-Auction and continue bidding on your behalf up until your Maximum bid amount is reached.
  2. In the event an Auction ends and your Winning Bid is for less than your Maximum Bid amount, you will be charged ONLY the amount of the Winning Bid.
  3. By using our “Maximum Bid” setting, our software will automatically bid on your behalf to keep you as the Auction’s highest bidder.
    1. No need to continually refresh or return to the auction page to check your bid status.  Our software does the work for you.
  4. To be clear, your set “Maximum Bid” amount is kept confidential from other bidders.
    1. This is to ensure your privacy and to ensure we hold fair and honest Auctions.
  5. Our “Maximum Bid” setting will only bid on your behalf up to your specified Maximum Bid Amount.  In the event another bidder places a bid that is beyond your Maximum Bid Amount, you will be outbid.
  6. Make sure to REVIEW your Maximum Bid Amount BEFORE you select to enter an Auction.


Individual Bidding

  1. If you wish to Bid individually, please REVIEW each Bid prior to it being placed.
  2. Please Note – Individual Bids do not process as quickly as our Automatic Bidding through our Maximum Bid setting.
  3. Because of differing internet connections, mobile connections, and general internet lag, EquineAuctions cannot guarantee that individual Bids placed in the final 15 seconds of an Auction will be processed prior to Auction closeout.
    1. Please make sure to place individual bids with ample time for the bid to be processed
      1. Good Rule of Thumb: At Least 60 seconds before Auction closeout.
  4. Due to process times, do not hesitate to place Individual bids.
    1. If you feel a certain Horse is the one for you, place that Bid right away.
  5. Due to the difference in processing times, this is why we strongly suggest using our Maximum Bid Setting.


Extended Bidding Times

  1. EquineAuction utilizes what is called a Soft Close on our Auctions.
    1. If a bid is placed in the final 90seconds of an Auction, our software will EXTEND the available bidding time by 2minutes.
    2. This will allow for other active bidders to place another bid if they choose to do so.
  2. EquineAuction will not close out an Auction until the Extended Bidding time has passed WITHOUT receiving an additional bid.
    1. Should another bid be placed within the final 90seconds of the Extended Bidding time, an additional 2minutes will be added to the timer.
    2. This process will repeat until the Extended Bidding timer runs out without another bid being placed.


Purchase Payments & Release of Equine Sale

  1. Should you be the highest-bidder at Auction close, CONGRATULATIONS – You’ve won your auction!
  2. After the Auction has officially closed out, either a Representative of EquineAuctions OR the Seller will be in contact with you.
    1. If you feel inclined to do so, you may also reach out directly to the Seller to begin discussing transportation/pick-up.
  3. Please Note:  Payment confirmation is REQUIRED within 48 HOURS of Auction close out.
    1. EquineAuction will NOT allow for transportation/pick-up until payment has cleared.
  4. Please Note:  EquineAuction does charge a 2% Processing & Purchaser Premium on ALL winning Auction Bids.
    1. Your final purchase price will be your winning bid PLUS the 2% Processing & Purchaser premium.
  5. Accepted Forms Of Payment:
    1. Bank Wire Transfer
      1. RECOMMENDED FORM OF PAYMENT.
      2. Wire Transfer Information will be provided by the Seller if you choose to use this form of Payment.
      3. Confirmation of Wire Transfer Payment is required within 48 HOURS of Auction closeout.  Necessary prior to transportation/pick-up.
        1. EquineAuction WILL NOT allow for the movement a Horse if payment confirmation has not been received.
    2. Credit Card
      1. Please Note:  There is a 3.5% Processing charge for all Transactions made via Credit Card.
        1. This 3.5% is charged directly by the CC companies – EquineAuction does not profit/take funds from this 3.5%.
      2. Confirmation of Credit Card Payment is required within 48 HOURS of Auction closeout.  Necessary prior to transportation/pick-up.
        1. EquineAuction WILL NOT allow for the movement a Horse if payment confirmation has not been received.
    3. Certified Funds (OVERNIGHTED) – Cashiers Check OR Money Order
      1. Please provide a tracking number associated with your shipment of the Certified Funds.  Provide to both the Seller and to EquineAuction.
      2. Tracking #/Confirmation of Certified Funds Payment is required within 48 HOURS of Auction closeout.  Necessary prior to transportation/pick-up.
        1. EquineAuction WILL NOT allow for the movement a Horse if payment confirmation has not been received.
    4. Cash
      1. Payments will be made directly to either the Seller or to EquineAuction.
      2. In the event you choose to make your payment in cash, either the Seller or a representative of EquineAuction will be in contact with you to arrange for payment of your winning bid.
  6. Pick-up / Transportation
    1. Upon receipt of Payment Confirmation, you may pick-up your purchase in-person or work directly with the Seller to arrange transport to anywhere in the Continental United States.
  7. ALL WINNING BIDS PLACED ARE CONSIDERED A LEGALLY BINDING CONTRACT. By accepting the Terms and Agreement, you are legally duty bound to pay the final bid price and fulfill his/her promise.



SELLER’S REPRESENTATIONS AND WARRANTIES.

1.1  EQUINEAUCTION.COM AND EQUINEAUCTION LLC SIMPLY ACT AS AGENTS OF SALE. EquineAuction, 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. EquineAuction, 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, misrepresentation, 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, EquineAuction, 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 EQUINEAUCTION, LLC AND ITS AFFILIATES.

1.2  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 EquineAuction, 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 EquineAuction, 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. 

BUYERS CANNOT HAVE A VETERINARIAN PERFORM WHAT IS KNOWN AS A COMPLETE PRE-SALE EXAMINATION OF ANY HORSE AFTER PURCHASE. 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, the buyer agrees to hold harmless EquineAuction, 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.

1.3.  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 the seller at public or private sale without notice for the 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, the defaulter will immediately pay to the 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 EquineAuction, LLC in collection of amounts owing for horse(s) purchased, or in enforcement or interpretation of this term of sale.

2.1. SELLER MAKES NO WARRANTIES WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE PURCHASE OF THIS HORSE IS SUBJECT TO THE TERMS AND CONDITIONS OF AN “AS IS” SALE.

2.2. Seller is the sole owner of Horse and has all authority to enter into this Agreement.

2.3. There is no lien or encumbrance on the Horse.

2.4. Upon Seller’s receipt of the Purchase Price, in full, Seller shall provide Buyer with Horse’s registration papers, if any, and all other documents necessary to transfer registration of the Horse from the Seller to the Buyer.

3. RISK OF LOSS.

3.1. Upon the Closing Date as defined in paragraph 3.3 above, Buyer assumes all risk of loss or injury to Horse.

4. ASSIGNMENT OR TRANSFER.

4.1. No party may assign or transfer this Agreement without the prior written consent of the other party

5. ATTORNEYS’ FEES.

5.1. In the event that suit or arbitration is brought under or in connection with this Agreement or to enforce the Agreement, the prevailing party shall be entitled to recover from the losing party reasonable attorneys' fees, costs and expenses incidental to any such proceedings, including reasonable attorneys' fees incurred in collecting any judgment awarded as a result of liability established pursuant to this Agreement.

6. GOVERNING LAW AND VENUE.

6.1. This Agreement shall be governed by the laws of the State of Florida.

6.2 Any legal action commenced to enforce or interpret this Agreement shall be brought in state or federal courts with the appropriate jurisdiction, located in Hillsborough County, Florida. The parties here to consent to both venue and jurisdiction.

7..STANDING OBLIGATIONS

7.1. There are no standing obligations after the time of payment. At time of sale, the buyer has agreed that the said horse is suitable condition for purchase and agrees so with no ability for a future change in opinion regarding the time of sale. Sale is final and does not comply with any interpretation of a state law of a 30 day guarantee. All marketing materials, including but not limited too, photographs or video footage, may not be redistributed for the private resale or commercial advertisement of this animal in the future. If the buyer choses to use this material, owned by Spencer Castro, outside of personal intent, a fee in the amount of 10% of the sale price of the animal will be owed for content usage.

8. ENTIRE AGREEMENT.

8.1. This Agreement contains the entire agreement among the parties. Any modifications or additions must be in writing and signed by all parties to the Agreement. No oral modifications will be considered part of the Agreement unless reduced to writing and signed by all parties.

9. COUNTERPARTS.

9.1. The Agreement may be executed in any number of counterparts, each of which shall be deemed an original. All of which together shall be deemed as one and the same instrument.

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