Prospects & Broodmares - Timed Online Only Auction

TIMED Online Only Sale Terms and Conditions 

IMPORTANT AND LEGALLY BINDING RULES APPLICABLE TO ONLINE SALES SALE. PLEASE READ.

1. Acceptance of Terms and Conditions: This sale is governed by these Terms and Conditions of Sale and by all announcements from the auctioneer’s stand or otherwise, which are incorporated expressly herein by reference and made part of these Conditions of Sale (“Announcements”). All Sellers, Consignors, Agents, owners, prospective bidders/purchasers, participating via any bidding medium (referred to herein as “Bidders” and/or “Purchasers” as the context requires), all other interested parties and all sales are therefore bound by and subject to the provisions of the Conditions of Sale as set forth in this catalog and Announcements. The word “horse” in these Conditions of Sale and these Announcements shall be deemed to include all horses and all interests therein offered or sold during this Sale, including any fractional interest(s). Every effort has been made to assure the correctness of cataloged horses. Leyden Livestock Marketing LLC DBA Colorado Horse Sale is not responsible for errors or omissions & assume no liability on any statement of any kind about sale horses. All Bidders/Purchasers are strongly advised to consult their own legal and tax counsel with respect to the purchase of any horse or interest therein at this Sale.
2. Presale Exam: All prospective Bidders/Purchasers are urged to carefully examine horses in which they may be interested (personally and/or by Agents or veterinarians of their choosing) BEFORE bidding, as they are accepting any horse purchased with any and all faults, including all conditions and defects. In all other respects the AS IS nature of this sale remains in full force and effect. All prospective Bidders/Purchasers acknowledge presale exams may be conducted by physically viewing the horse, if available, by video, by photos, or through an Agent. All prospective Bidders/Purchasers further acknowledge that if the presale exam is insufficient as determined in the sole discretion of the prospective Bidder/Purchaser, said prospective Bidder/Purchaser shall not bid on the horse. Purchaser’s duty of full inspection shall include a review of all such documentation and information. There is no return policy on horses sold through the sale.
3. Code of Conduct: The Code of Conduct governing participants in the sale requires that all auction attendees and participants are expected to be respectful and courteous during all business dealings. 
4. No Private Agreements: All horses must sell through the online auction. Commission & buyers premiums will be charged on all horses sold within 5 business days after the online auction. Buyers & sellers who do not report the sale within 5 days to avoid commission & premiums will not be welcomed back to buy or sell. 
5. Privacy Notice: Notice is hereby given to all participants at the Auction that sale staff may record any or all portions of the auction by video, audio or other means, which may be used in the sole discretion of Colorado Horse Sale and Leyden Livestock Marketing , LLC. 
6. WARRANTY DISCLAIMER: OTHER THAN THOSE LIMITED WARRANTIES EXPRESSLY STATED IN THESE CONDITIONS OF SALE OR UNLESS OTHERWISE EXPRESSLY ANNOUNCED AT TIME OF SALE, THERE IS NO WARRANTY OR GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, BY COLORADO HORSE SALE OR LEYDEN LIVESTOCK MARKETING, LLC, SELLER, AND/OR OR CONSIGNOR AS TO THE HEALTH, SOUNDNESS, CONDITION, BREEDING, FERTILITY, OR OTHER QUALITY OF ANY HORSE SOLD IN THIS SALE, INCLUDING WITHOUT LIMITATION LICENSING OR OWNERSHIP TRANSFERS. THERE IS NO WARRANTY, EXPRESS OR IMPLIED, BY COLORADO HORSE SALE OR LEYDEN LIVESTOCK MARKETING , LLC, SELLER AND/OR CONSIGNOR, EXCEPT AS SPECIFICALLY SET FORTH HEREIN, AS TO THE MERCHANTABILITY OR FITNESS. Leyden Livestock Marketing & the Colorado Horse Sale do not come into in-person contact with many of the horses featured in the online auction. All online auction horses are sold AS IS & it is 100% the buyer’s responsibility to research, examine, and test the horse PRIOR to purchasing. 
7. Terms Related to Buyers:  Colorado Horse Sale reserves the right to refuse a Buyer’s number to any person in its sole discretion. Buyers must have a state issued photo ID to register and received a Buyer’s number. Payment is due within 24 hours of horse being marked “sold” via wire transfer. Wiring instructions will be emailed upon final bid. Checks will be accepted circumstantially for online sales – check payment must be pre-approved by sale management upon buyer registration.  Colorado Horse Sale reserves the right to refuse a personal check for any reason in its sole discretion. Colorado Horse Sale does not accept credit or debit cards as payments for sale horses. All First Time Buyers with Colorado Horse Sale will need to furnish a proof of funds document. Proof of Funds documents should be emailed to info@coloradohorsesale.com within 30 days of your sale of interest. 
8. Use of technology by Bidders: All Sellers, Consignors, Agents, owners, Purchasers and Bidders expressly acknowledge and agree as follows: all technology, including, without limitation online and telephone bidding, relies upon technology that may malfunction without warning and through no fault of Colorado Horse Sale and is being provided on an “AS AVAILABLE” and “AS IS” basis and Colorado Horse Sale does not guarantee continual, uninterrupted or error free use or access. Further, Colorado Horse Sale shall be absolved from any and all liability related to or arising from any interruption in service, errors and/or omissions with respect to any of the foregoing and each of the foregoing parties shall hold Colorado Horse Sale and Leyden Livestock Marketing , LLC harmless from any loss or claim resulting therefrom. Online bidders must be registered (bid.coloradohorsesale.com) and provide a valid Proof of Funds document & drivers license prior to approval. 
9. Defaulters: In the event any Purchaser fails to pay the purchase price within 24 hours from the fall of the hammer or fails to agree to an approved wire arrangement, then the Purchaser shall be deemed a defaulter (“Defaulter”) and Colorado Horse Sale shall notify the Consignor of the default upon discovery of the Defaulter. The Consignor of the horse for which the purchase price is not paid has the option of (1) extending terms to the Purchaser and accepting all risk therefor; OR (2) voiding the sale, and requesting the horse be re-offered; OR (3) retaining ownership of the horse. Consignor must decide which of the three foregoing options it elects within thirty (30) minutes of notice to the Consignor Colorado Horse Sale of non-payment. If the consignor chooses option 1, they will pay the sale company the agreed upon commission of the purchase price. If the consignor chooses option 2, they will pay commission on the second purchase price. If they choose option 3, they will pay the sale company a “no-sale” fee.  The Defaulter shall owe and immediately pay a default fee in the amount of ten percent (10%) of the final bid to Colorado Horse Sale and, should the horse be re-offered in the auction, the Defaulter shall be liable to the consigner for any difference between the original finalized bid and the purchase price of the horse after re-offering.
10. Default by Returned Check: In the event that a personal check is accepted by Colorado Horse Sale from a buyer and that check, for any reason, is not honored by the issuing bank, Colorado Horse Sale shall notify the issuer of the default and the buyer shall be deemed a defaulter (“Defaulter). The returned-check Defaulter shall have twenty four (24) hours to cure the default by providing replacement funds in the form of a cashier’s check or cash. If the default is cured within 24 hours there will be a non-refundable $200 inconvenience fee payable immediately to Colorado Horse Sale. If the default is NOT cured within 24 hours, Colorado Horse Sale reserves all legal rights including, but not limited to, immediate repossession of the horse. The defaulting party shall be liable to Colorado Horse Sale for a default fee in the amount of ten percent (10%) of the final sale price, as well as any costs and/or fees incurred as a result of the default and may also be held liable by Colorado Horse Sale and/or consignor for any injuries or other damage sustained by the horse prior to repossession.
11. Passing of Title/Risk of Loss: Colorado Horse Sale acts as a selling agent only. Purchaser assumes all responsibility and risk of injury to the horse as soon as the auctioneers says “sold”. The horse will stay in the SELLERS possession until paid for in full. It is then the SELLER’S responsibility to furnish a brand inspection (state dependent) or legal ownership swap including a health certificate to the purchaser.  The sale company will provide a bill of sale / proof of purchase document that does NOT constitute as a brand inspection. The purchaser must pick the horse up within 5 days of the online sale. All hauling fees & logistics are the purchaser’s responsibility.  Sellers agree to feed & care for the horse on its normal routine until the horse is picked up. If the horse is not picked up within 5 days, the seller has the right to charge a daily boarding fee to the purchaser.  Sale management strongly recommends purchasing insurance on your equine immediately following the fall of the gavel.
12. Indemnity Regarding Care of Horses. Seller, Consignor and Purchaser agree to release, defend, indemnify and hold Colorado Horse Sale and Leyden Livestock Marketing , LLC, and the owners and/or operators of the facilities and their directors, officers, employees, agents and representatives, harmless from all losses, damages, expenses, claims, causes of action and/or attorneys’ fees arising out of or related to the possession, care, custody, control or maintenance of any horse either sold or purchased by them, including, but not limited to, any claims arising out of injuries or damage caused by the horse.
13. Terms Related to Consignors:  Consignors agree to furnish all required paperwork on their horse (Brand Inspection to Purchaser, Current Negative Coggins, Health Certificate, Registration Papers & Open Signed Transfer ). A proof of ownership document is required to be sent to the sale company prior to the horse being consigned. If the owner does not have legal documentation / proof of ownership, the horse will be rejected for consignment.  Consignors agree to care for, feed, and water their horses for up to 5 days upon the sale of the horse through the online auction.  Colorado Horse Sale reserves the right to refuse, in its sole discretion, the marketing of any horse. Consignors agree to be candid with sale management & the public about any current medical conditions or maintenance required for the horse’s health and soundness. 
14. Fees and Release of Funds: Commission due to Colorado Horse Sale is ten percent (10%) of the final bid, which will be deducted from the seller’s check.  Catalog fees are a nonrefundable $100, which includes advertising and catalog placement. All horse’s reserves must be submitted to sale management by 5pm the sale’s start date.  Paperwork affiliated with the horse will be property of The Colorado Horse Sale until the $100 “No Sale” fee is paid. In lieu of No Sale, consignors can opt to roll the horse into the next live auction for the same $100 fee. Consignor checks will be posted to the name & address on the proof of ownership document within 10 business days after the sale.