Terms & Conditions
Welcome to Equine-Connect.net!
PLEASE READ AND REVIEW THE TERMS THOROUGHLY
As a seller, owner, consignor, bidder, prospective bidder, buyer, agent or other interested party you understand and accept by registering with Equine-Connect.net you are legally bound to all terms and conditions. In order to participate in any Equine-Connect auction you must first accept the terms and conditions.
All information provided by participants during the registration process must be current, complete, and accurate. Sellers and bidders must be 18 years of age or older. Equine-Connect, at its sole discretion may refuse services to anyone at any time.
Bidders agree to keep their username and password confidential, as they are responsible for ANY and ALL activity involving their account.
All sales are to be paid in United States currency.
An entry fee of $275 shall be paid to Equine-Connect for each horse listed. The entry fee is non-refundable for any reason. The entry fee must be paid at the time a horse is submitted into the auction. When a horse is sold through the auction Equine-Connect shall also receive a commission of four percent (4%) of the purchase price.
There is no entry fee for a related items. When a related item is sold through the auction Equine-Connect shall also receive a commission of eight percent (8%) of the purchase price.
No horses will be listed on the auction until the entry fee has been paid in full.
Once a horse or item has been entered and listed for sale through the auction, the horse/item shall remain in the auction until the auction period has ended and auction completed. The horse/item may not be withdrawn from the auction or sold privately during the auction period without written agreement of Equine-Connect and payment of entry fees and commissions.
The seller agrees that they are responsible for paying Equine-Connect's commissions within five (5) days of the date that the horse/item is sold through the auction. Commissions may be paid by check, wire transfer or credit card. Any fee or commission not paid within five (5) days will be subject to penalty fees and interest at a rate permitted by law. The seller also agrees that all actions relating to or arising out of any unpaid fee or commission shall be brought in a state court with subject matter jurisdiction located in Barry County, Michigan. In addition, Equine-Connect shall be entitled to reimbursement for all its costs including, without limitation, reasonable attorney fees associated with collecting unpaid fees and commissions and the seller shall be banned from Equine-Connect.net for life.
Transaction fees and state tax may apply.
A reserve is the minimum price that a seller will accept for a lot. If a lot has a reserve it will not be sold unless the reserve price is met or waived. Bidders agree that owners, sellers or consignors have the right to establish a reserve price for the horse(s) or item(s) they are selling. Such reserves may or may not be disclosed. If a seller or consignor wishes to enforce any reserve price it is their sole responsibility to provide the complete and accurate information to Equine-Connect at the time of entry. All participants agree that Equine-Connect shall not be responsible for any miscommunication or failure regarding such reserve.
As a bidder, placing a bid is a binding contract between you and the seller and the bid cannot be retracted. Once you place a bid, and if you win, you will be obligated to buy the horse/item at the said price you indicated as your bid.
Each auction will have a start date, end date and time. The closing time of a lot is automatically extended by an additional 5 minutes whenever a bid is placed within the last minutes of the lot’s closing time, and will continue to be so extended until there is a set period of time that lapses during which no advancing online bids are received, after which bidding on the lot will close. This feature allows all bidders an equal opportunity to be the high bidder.
The highest bidder for any horse or item shall be the winning bid subject to the minimum reserve price. Registered bidders may bid on as many horses or items as they wish per auction. Equine-Connect will inform the winning bidder on the next business day following the conclusion of the auction and will share appropriate contact information between the seller and buyer.
If a dispute arises between two or more bidders, Equine-Connect shall resolve the dispute and their decision shall be final.
Always read the horse/item description. Varied horse/item(s) may be joined for demonstration and/or display purposes. Do not assume a lot consists of more than one horse/item simply because they may be connected or pictured together. Please inspect the lot numbers and read the descriptions. YOU are bidding on the described item not the photo – on a rare occasion, the wrong photo may be displayed: ALWAYS READ THE LOT DESCRIPTION.
Your bid on this auction indicates both an understanding and an acceptance of the terms of this contractual agreement between you, as the bidder, and both Equine-Connect and the seller. Your bid further indicates that you, as the bidder, are prepared to purchase items under these terms and conditions.
Equine-Connect is an online auction website offering sellers an opportunity to promote and sell their horses and related items. Equine-Connect or any representative thereof, does not act as agent for or represent the buyer or seller, but only provides a medium for bringing together the buyer and seller. Sellers are responsible to provide Equine-Connect with the most accurate information possible. Equine-Connect is not responsible for any information provided by the seller and will be held harmless. Equine-Connect reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the auction sale.
It is the bidders’s responsibility to do their research before they bid. All prospective bidders are encouraged to inspect the lot(s), or to have the lot(s) inspected by their agent or representative BEFORE bidding. Upon reasonable notice, owners, sellers, consigners and agents agree to cooperate in facilitating any such inspections.
Guarantee & Warranty Policy:
EQUINE-CONNECT MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE NATURE, DISPOSITION, HEALTH, SOUNDNESS, VALUE, AUTHENTICITY OF THE HORSE(S) OR ITEM(S) BEING PURCHASED BY BUYER. BUYER UNDERSTANDS THAT ALL SALES ARE MADE ON AN “AS IS” AND “WHERE IS” BASIS WITH ALL FAULTS, CONDITIONS AND DEFECTS.
All SALES ARE FINAL. NO ADJUSTMENTS TO PRICE OR REFUNDS WILL BE GIVEN.
Accuracy of Descriptions:
Equine-Connect will list the information provided by the seller from the entry form submitted. It is the seller's responsibility to check for listing accuracy. Should the seller notice any inaccuracy they should notify Equine-Connect immediately so that the information may be corrected. Participants agree that Equine-Connect shall not be responsible for the accuracy or completeness of any information provided contained on any page or link associated with the Equine-Connect website.
Registration Certificates & Titles:
The seller acknowledges that he/she is the lawful owner of the consigned horse/item; is lawfully able to transfer title; and that the horse/item is free from all debt or lien.
The seller must provide Equine-Connect with proof of such certificates, if any, of any horse/item entered for auction, showing a clear title of ownership before the start of the auction. If, for any reason, a registration certificate or title cannot be or will not be furnished by the seller to any purchaser, Equine-Connect must be informed and such information be disclosed to any such prospective buyers BEFORE bidding commences.
For horses sold the seller shall provide buyer with a current negative Coggins Test. If the horse will be transporting out of the state sold, seller shall also provide buyer with a current Health Certificate.
CONTRACT FOR THE SALE IS BETWEEN THE BUYER AND SELLER.
It is the responsibility of the sellers and buyers to prepare and execute an appropriate purchase agreement and any related documents following the conclusion of the auction. Risk of loss passes immediately from the seller to the winning bidder at the close of the auction. The winning bidder shall be responsible for all custody and transportation expenses, as well as any other expenses relating to the well being of the horse/item. Sold horses and items must be removed from the sellers property in a timely manner. Participants agree to release, indemnify and hold Equine-Connect harmless from any damages or liability arising out of or relating to the possession, custody, control or care of any horse/item sold or purchased by them or their agents including, without limitation, any damage or injury to the horse/item or caused by the horse/item.
Payment to Seller and Transfer of Possession:
EQUINE-CONNECT IS NOT RESPONSIBLE FOR ANY FINANCIALS OR GUARANTEES.
All purchase payments shall be paid directly between the buyer and the seller. Participants agree that it shall be the sole responsibility of the seller to collect full payment for the horse/item from the buyer. The buyer agrees that the seller must be paid in full within 48 hours after the completion of the auction. Upon payment in full, seller or consignor agrees to release the purchased horse/item to the buyer or his/her agent. Once full payment has beed received the seller also agrees to execute all necessary papers and titles and to take all steps necessary to transfer ownership and registration of the horse/item to buyer. This includes any documentation for the buyer to register any foal-by-side, in utero, embryo transfer or stallion breeding.
Transaction fees and state taxes may apply.
Interruption of Service:
Equine-Connect will not be held responsible for any interruption in service, errors, internet connection, computer or system caused by any means and does not guarantee continual, uninterrupted or error free service or use of the website. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. Equine-Connect, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any items or lots that were affected by any malfunction. The decision of Equine-Connect is final.
Equine-Connect gathers information about participants with the purposes of conducting online auctions. Equine-Connect uses electronic emailing lists to notify its customers about online auctions. If you wish to discontinue receiving future mailings, simply forward the received e-mail to Equine-Connect to have your name promptly removed from the email list.
Immediate full mortality insurance coverage is effective upon the fall of the hammer, for the amount of the total purchase price for horses 18 years and under, specified perils for all others. The insurance, arranged by Equine-Connect with C. Jarvis Insurance Agency of Aurora, Ohio, will remain in effect until the purchaser signs the contract or until midnight of the first business day after the sale, whichever occurs first, by which time it is the obligation of the new owner to arrange permanent insurance if desired. You are invited to discuss specific coverage details with one of C. Jarvis’s agents at: (440) 248-5330.
These terms and conditions and its interpretations will be governed by the laws of the State of Michigan. Any suit relating to this agreement will be brought in the Courts in the county of Barry in the state of Michigan. In any litigation or other legal proceeding which may arise between any of the parties hereto, the prevailing party will be entitled to recover its costs and expenses, including court costs and expenses incurred on appeal, and reasonable attorneys’ fees.
All agree to save, hold harmless and indemnify Equine-Connect and its respective representatives, directors, officers, owners, members, employees, agents, partners, officers and/or any person or entity acting on their behalf, from and against any and all liability, debt, claims, suits, losses, damages, causes of action, judgments, costs and expenses, including attorney fees, arising or allegedly arising from (i) personal injury or death of any person (including but not limited to employees of owner/seller or buyer) or any horse/item, including but not limited to any claims arising out of injuries or damages caused by the horse/item after the fall of the hammer, and (ii) property damage, including loss of use thereof, economic loss or otherwise, arising or growing directly or indirectly out of owner’s/seller's or buyer’s use of any of the facilities in connection with the sale, the conducting of the sale or anything occurring in connection with the sale.
The foregoing indemnity obligations shall apply whether or not the claim or liability in question results or is alleged to result in whole or in part from the sole, concurrent or comparative negligence or strict liability of Equine-Connect, its agents, employees, partners, directors, officers and/or any person or entity acting on its behalf, or any defect in the premises, equipment or tools owned, operated or controlled by auctioneer. Thus, it is understood and agreed that in no case shall Equine-Connect, its employees, agents, directors, partners or officers be responsible for any loss, death, damage or injury of any character to any person, animal or article arising from or occurring from any sale.
Equine-Connect may revise and update these terms and conditions from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the website thereafter. Your continued use of the website following the posting of revised terms and conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
ALL PARTICIPANTS AGREE THEY ARE BOUND BY THESE TERMS AND CONDITIONS.