1. AGREEMENT: a) I represent and agree that I am of legal age to form a binding contract. b) The Consignor, Agent and Owner (hereinafter referred to as Seller) agree to these terms and conditions and certify that, to the best of my knowledge, all information provided regarding this entry is true and correct. c) Seller agrees and specifically warrants, to P.F.E. and Professional Horse Services, LLC. (auction services provider only, hereinafter referred to as P.H.S.) and, also to any subsequent purchasers that Seller does have absolute and complete title to and there are no liens or encumbrances on the entry listed on this contract. d) Seller warrants that any registration certificates, applications, transfers or breeding reports are correct and free from any question or action by the applicable breed registry. e) Seller agrees that this consignment contract is not assignable without the express written approval of P.F.E. f) Seller agrees to make any sale transaction for this entry through P.F.E.
2. FEES: Seller agrees to pay P.F.E. the applicable fees for this entry. P.F.E. will deduct any unpaid fees from Seller’s account before distributing proceeds to Seller. Total fees for the auction are $400 Entry Fee and 5% (five percent) Commission of the sale price, which will include: social media & email marketing and Online Auction fees. No additional fees will be charged for the auction portion of this agreement, such as buyer’s premium or pass out fees. If horses are on-site, standard P.F.E. fitting fees will apply. Procedures/events out of the ordinary, such as Veterinary visits (lameness, illness, etc), dentistry, or any other special needs will be billed for accordingly. Nothing will be done without first communicating with horse owner.
- Entry Fee: $400
- Commission: 5% (five percent) on the sale price
- Board Fees while on-site: $25/day
- Sale Prior to Bidding Opening: If a horse is listed in the online catalog and/or has been advertised by P.F.E. by any means and sells before the close of bidding in the auction, Seller agrees to pay P.F.E. a Penalty of $500 in addition to any balance remaining including entry fee.
- Pass Out: If Seller does not sell this entry in the auction, Seller agrees to pay P.F.E. any balance remaining including entry fee. There is not a No Sale Fee.
- Withdrawal due to injury: If the entry is withdrawn after submitted due to injury, Seller agrees to provide a veterinary statement detailing the injury. The Seller also agrees to pay P.F.E. any balance remaining including entry fee and/or commission. No additional fees will be charged.
- UNPAID FEES: If there is a deficit in the Seller’s account, Seller agrees to pay P.F.E. the balance due immediately. Interest of 1-1/2% per month will be charged on the unpaid balance. A fee of $25.00 will be charged on returned checks for sale fees.
- BUYER TRANSACTION FEE: A 4% (4 percent) buyer transaction fee will be added to any sale purchases paid for by Credit Cards. This fee covers costs for electronic financial transactions. The Seller is not responsible for this fee.
3. AUCTION SERVICES PROVIDER: Professional Horse Services, LLC. (P.H.S.) provides certain administrative auction services including posting information to the auction catalog site, some communication with sellers, assisting with oversight during bidding and auction closing process, distributing invoices to buyers and receiving some payment from buyers. P.H.S. is not responsible for the accuracy of any information provided by Seller, P.F.E. or any other source. Seller agrees that all responsibility for their agreement with P.F.E. is specifically between Seller and P.F.E., including board and care for the horse, receipt of funds from buyers, payment of proceeds to Seller or resolution of any disputes that may arise from the agreement with Pro Fit Equine Online for the sale of this horse.
4. REGISTRATION CERTIFICATES: All registration certificates, transfer reports, stallion service certificates, and/or consignment fees must be received no later than 2 days prior to auction start date. Registration applications on foals and transfers must be completed. In the event that a registration application is not available, a letter from the foal’s sire owner with guarantee of a breeder certificate release must be on file prior to the sale. I agree that P.F.E. may withhold any monies due me until all certificates are delivered in proper order.
5. COGGINS, INTERSTATE HEALTH CERTIFICATE, and VET STATEMENT: Horses must sell with a current coggins dated within 6 months; an interstate health certificate dated within 30 days of the auction; and a Vet Statement, provided by P.F.E. and completed by a licensed veterinarian.
6. DISCLOSURES: I agree to notify P.F.E. in writing and prior to the sale, of any unsoundness or defects of any kind. I agree to notify P.F.E. if this entry is suffering from any contagious or infectious diseases. P.F.E. must be specifically notified if the entry has any of the following conditions, which must be stated in the online catalog, if this entry is a cribber, weaver, is unsound of eyes or wind, is deaf, has a parrot or monkey mouth, is a cryptorchid or has had major surgery or a serious illness.
7. GENETIC TEST RESULTS: Horses are required to provide results for Quarter Horse and Related Breed Disease Panel tests which include: GBED (Glycogen Branching Enzyme Deficiency); HERDA (Hereditary Equine Regional Dermal Asthenia); HYPP (Hyperkalemic Periodic Paralysis); MYHM (Myosin-Heavy Chain Myopathy); MH (Malignant Hyperthermia); and PSSM1 (Polysaccharide Storage Myopathy).
8. BUYER’S RIGHT TO PRE-PURCHASE EXAMINATION: Prospect Buyers have the right to have a veterinarian of their choice perform a pre-purchase examination, at Buyer’s expense. The examination must be done prior to the end of the auction.
9. BROODMARES: All mares selling as bred must be checked for pregnancy by a veterinarian within ten (10) days prior to consigning for this sale. Mares will be re-checked for pregnancy within 10 days prior to the auction starting date.
10. RIGHT TO EDIT OR CHANGE: P.F.E. reserves the right to edit, correct, or add to the Statement that I have furnished regarding this entry, to reject or withdraw any entry, or to change the time or date of this sale should any unforeseen circumstances necessitate such a change.
11. NO GUARANTEE OF SERVICE: P.F.E., P.H.S. and BidWrangler.com do not guarantee or covenant that the Auction technology, the bidding site or any related services will meet Seller’s requirements or be uninterrupted or error-free. BidWrangler.com does not guarantee real-time performance of any service or that it will execute all online or absentee bids.
12. P.F.E. and P.H.S. DO NOT GUARANTEE PAYMENT BY THE ONLINE BIDDER: Due to the nature of the electronic transaction P.F.E. and P.H.S. cannot guarantee the validity or performance of an Internet bidder. Seller understands that P.F.E. and P.H.S. do not guarantee the validity, enforceability, payment or collection of any instrument received in payment of the purchase price of any entry.
13. RELEASE OF HORSE TO BUYER: P.F.E. and Seller shall not be required to release a horse to a Buyer until Buyer has made full payment for the horse and funds have been verified.
14. RISK AND RESPONSIBILITY FOR HORSE: Buyer assumes all risk, responsibility and expense for the horse at the end of bidding or, if sold pending confirmation by Seller, upon confirmation of selling price by Seller. Seller agrees to provide basic board and care for up to 2 days at no additional charge to buyer. Beyond 2 days, Buyer will be responsible to pay for board, at a cost of $20/day for horses in the care of P.F.E., plus any other expenses that may be required to maintain the horse until Buyer takes possession or has the horse picked up. For horses not in the care of P.F.E., buyer will make arrangement to pay board or training at a rate determined by seller, trainer, conditioner or person stabling the horse.
15. PAYMENT TO SELLER: P.F.E. AGREES TO MAIL CHECKS TO THE CURRENT OWNER FOR THEIR ENTRY NOT EARLIER THAN SEVEN (7) BANKING DAYS NOR LATER THAN FIFTEEN (15) BANKING DAYS FROM THE DATE THE AUCTION ENDS OR ONCE FULL PAYMENT HAS BEEN VERIFIED AND FUNDS CLEAR THE BANK, whichever is later. Payment will be made to Seller, as stated above, providing all registration and health papers are in order, or the purchaser has not failed to pay for the entry for any reason, or the sale of the horse is not in dispute. Seller agrees that if the sale of any entry is not consummated by reason of default of the buyer or otherwise, P.F.E. shall not be liable for the payment or collection of the purchase price or for the return of the entry. In the event a purchaser fails to pay for and receive an entry for which they placed the final bid, P.F.E. shall not be held liable for said sale, but shall have the right to accept the same amount from another person, accept the next highest bid or put the entry up for sale again. P.H.S. is not responsible for payment of auction proceeds to Seller.
16. WITHHOLDING FUNDS AND DISPUTE: Seller agrees that P.F.E. shall not be required to remit to Seller the net proceeds of the sale of any entry which is the subject of a dispute or claim by the buyer, for misrepresentation, fraud or breach of warranty, until such dispute or claim is resolved and the proceeds of the sale have been received by P.F.E. Notwithstanding any other provision hereof, should a dispute arise between the Seller and the Buyer, P.F.E. or P.H.S. may retain its fees and costs and may hold in escrow the balance of any proceeds of sale in its possession, as well as any titles or registration certificates, pending a resolution of the dispute. Any and all legal fees and costs incurred by P.F.E. or P.H.S. may be deducted by P.F.E. or P.H.S. from the net proceeds of sale still in their possession. Otherwise, the Seller and Buyer shall be jointly and severally liable for the same upon demand.
17. INDEMNITY: Seller releases P.F.E., P.H.S., Sale Managers, employees and its representatives, from any and all responsibilities, liabilities, obligations, claims, lawsuits, or legal proceedings arising from the sale of this entry. If legal action is initiated against P.F.E. or P.H.S. involving this entry, the Seller agrees to fully indemnify P.F.E. and P.H.S. from such suit, including legal fees and costs incurred by P.F.E. or P.H.S. Seller agrees that P.F.E. or P.H.S. may publish sale results including information concerning this sale transaction.
18. SELLER’S RESPONSIBILITY: For any horse that is not on-site with P.F.E. at the time it is entered into the sale, the Seller, Agent and Owner are solely responsible for the correct representation of the consigned horse in the information and disclosures provided for the Internet catalog and in conversation with potential or eventual buyers. Seller has a continuing duty to respond to the buyer, after the sale, in the event of a dispute over their representation of this horse until any dispute is resolved. P.F.E. and P.H.S. are not responsible for any representation made by the seller.
19. LIMITS OF LIABILITY: P.F.E. and P.H.S. shall not be liable for lost profits or any incidental, special or consequential damages whatsoever arising out of or in connection with any sale or transaction. In NO event will the total liability of P.F.E. or P.H.S. to you from all damages, losses, and causes of action resulting from Seller’s use of the P.F.E. or P.H.S. websites or services exceed the largest amount of funds held for your benefit.
20. ADDITIONAL TERMS AND CONDITIONS: The Terms and Conditions for the use of BidWrangler.com, and P.F.E. Conditions Of Sale for buyers as stated on the auction web site, are hereby incorporated by reference and made part hereof as though fully set forth herein.
21. INTERFERENCE: Seller agrees not to use any device, software or routine to interfere with or attempt to interfere with the functioning of this online auction.
22. PRIVACY POLICY: By consigning a horse or registering for this auction Seller agrees to the use of Seller’s information by P.F.E. and P.H.S. Seller’s information will be used by P.F.E. and P.H.S. to contact Seller and for record keeping. Neither P.H.S. nor P.F.E. will sell or give Seller’s information to any entity. In the future we may use email lists to contact Seller.
23. SEVERABILITY: If any provision or portion of a provision of this agreement is held to be invalid or unenforceable for any reason, such provision or portion of a provision shall be struck, and the remaining provisions shall be enforced.
24. USE OF THESE TERMS: The terms stated in this agreement have been developed by P.F.E. and P.H.S. for use solely by P.F.E. and Lorenzo Lotti for this auction. No other person or business is authorized by P.F.E. or P.H.S. to use these terms or any portion thereof.
