TERMS AND CONDITIONS - YOU ARE BOUND BY THEM WHETHER YOU READ THEM OR NOT!
1. We strongly urge buyers to thoroughly examine the horses that interest them. They will have to back their judgement with money. All sales are absolute and final.
2. THERE IS NO WARRANTY, EXPRESSED OR IMPLIED BY THE OWNER OF ANY HORSE OR THE CONSIGNOR OF ANY HORSE AS TO THE SOUNDNESS, CONDITION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY HORSE OFFERED IN THIS SALE. ALL HORSES ARE SOLD “AS IS” WITH ALL EXISTING CONDITIONS AND DEFECTS EXCEPT AS EXPRESSLY ANNOUNCED FROM THE AUCTION STAND OR AS EXPRESSLY PROVIDED HEREIN.
3. TERMS OF SALE ARE CASH. Buyers paying with check must have current letter of credit from their bank. All foreign buyers must pay U.S. currency. INTERNET BIDDERS - You MUST register to bid online with a valid credit or debit card and a $1000 pre-authorization will be placed on said card by Horse Auctions USA. This is NOT a charge but rather a good faith authorization. That authorization will fall off (as if it was never there) once final payment has been made to the Hermanson-Kist Sale. In the event that final payment is not received by Hermanson-Kist, the $1000 NOT be reversed but rather converted to a charge and paid to Hermanson-Kist to be applied to your account. Hermanson-Kist Horse Sale DOES NOT accept credit/debit cards for final payment. You will need to pay cash at pick up or with a check that is accompanied by a current bank letter of credit. For those out of the area and unable to pay in person, wiring instructions will be provided. Please email info@horseauctionsusa to request wiring instructions. All purchases must be paid for in full prior to release from Hermanson-Kist Horse Sale.
3A. There is a 4% Online Buyer's Premium charged on ALL WINNING ONLINE BIDS
3B. Be advised that failure of a winning online bidder to complete the transaction and make final payment to Hermanson-Kist as required for winning bids WILL result in the $1000 pre-authorization converting to a charge and being retained by Horse Auctions USA to be remitted to Hermanson-Kist. By agreeing to these terms and conditions, you acknowledge this and understand that you are financially responsible for all bids you place. Further, you understand that Horse Auctions USA reserves the right to settle your account with Hermanson-Kist should you fail to do so by charging the full amount due or any portion thereof to your registered card. BID RESPONSIBLY! We have a zero tolerance deadbeat bidder policy. By registering to bid you are stating you understand this, will settle your account as specified with Hermanson-Kist Livestock, and, should you fail to settle your account as agreed upon, understand that your card WILL BE CHARGED for your purchases.
4. Title to and risk of loss passes to the buyer when the animal is announced “sold” by the auctioneer. Effective from the time of purchase, the buyer assumes responsibility for the maintenance and care of the animal and agrees to care for such animal in accordance with approved husbandry practices and the stabling policies of the Hermanson-Kist Horse Sale. The buyer further as harmless from all loss, cost and expense arising from the illness, injury or death of persons caused by the buyer, the buyer’s agents or employees or by the animal subsequent to the time of purchase. In the case of winning internet bidders, Hermanson-Kist Horse Sale staff will yard off and feed/water your horses until pick up. Daily Yardage charges will apply to horses not picked up within 48 hours of purchase.
5. The sale management, auctioneers and employees act as agents for the seller, but assume no liability for either buyer or seller. Any representations made by the sale management are made on behalf of the seller.
6. The highest bidder is the buyer. If dispute arises between or among two or more bidders, sole authority to settle the dispute as he/she sees fit is reserved by the auctioneer, and his decision shall be final. The auctioneer reserves the right to reject any or all bids.
7. The right to bid is reserved for all sellers in this sale unless otherwise announced.
8. A current negative Coggins test report will be furnished on every horse in this sale. Health certificates for transportation purposes will be issued on sale day upon request except for Canada purchased horses. The Health Certificate will be here as soon as signed by Federal Vet.
9. All persons who attend the sale do so at their own risk and Hermanson-Kist Horse Sale assumes no liability for any accident, or for loss by fire, theft, or injury in any manner. Buyers and spectators are cautioned to be careful while on the grounds and particularly while horses are being shown or sold in the sale ring.
10. Buyer is responsible for $20.00 transfer fee for Quarter Horses; also $20.00 transfer fee for Paints. Registration papers will be given to the buyers as soon as checks have cleared or credit established.
11. The auctioneer will decline any bid made by parties who have defaulted in former purchase, or by persons who in his/her judgement, are not responsible bidders. Purchasers who fail in any respect whatsoever to pay for horses shall be declared in default. Any horse purchased by defaulter may be resold at public or private sale without notice for purchaser’s account. Costs of such resale to be borne by defaulter. Should such resale fail to satisfy the defaulter’s account in full defaulter shall pay forthwith to the Hermanson-Kist Horse Sales the amount owing, failing which, the undersigned may bring suit against defaulter. THE PURCHASER SHALL BE RESPONSIBLE FOR ALL COSTS, INCLUDING ATTORNEY’S FEES, INCURRED BY HERMANSON-KIST HORSE SALES, IN COLLECTION OF AMOUNTS OWING FOR HORSES PURCHASED, OR IN ENFORCEMENT OR INTERPRETATION OF THIS CONDITION OF SALE.
12. If any person shall purchase a lot and not pay for it as prescribed above, nothing shall prevent the auctioneer or the owner from compelling the purchaser to pay for it, if the auctioneer or seller shall so deem fit.
13. Selling positions are to be drawn by sale management and sold in catalog order.
14.THE ACCURACY OF ALL INFORMATION OF THE CATALOG PAGE(S) IS THE SOLE RESPONSIBILITY OF THE CONSIGNOR. Consignor shall have the affirmative duty to examine the catalog page(s), on which horses consigned by him appear, prior to sale and report any inaccuracies to Hermanson-Kist Horse Sales, so that it may make an appropriate announcement at time of sale.
15. The Hermanson-Kist Horse Sales will mail all registration papers approximately 3 weeks after sale date, after all checks have cleared the bank. If new owner wants bred mares to be PG checked it must be done at new owner’s expense before leaving the yard. We request that prospective buyers who are unknown to this firm, report to our office and make known their intention to bid and furnish bank references if payment is to be made by check. Horses will not be delivered to buyer until proper settlement has been made. There is no guarantee of any horse sold in this sale, except when the owner makes a specific guarantee. In such case, right of recourse must be directed to the seller. Any horse not available to sell in its turn will be sold at the end of the sale on the day it is listed to sell. If the consignor is handling his own horse, he will be responsible for having it ready to sell in the position delegated to him. If a horse is no sale, it must be done before the horse leaves the ring. Otherwise, the sale will be considered final.
EXAMINE HORSES PRIOR TO PURCHASING. COGGINS TEST: ALL HORSES IN THIS SALE HAVE BEEN REQUIRED TO HAVE BEEN TESTED NEGATIVE FOR EQUINE INFECTIOUS ANEMIA (COGGINS TEST). TESTS COMPLETED WITHIN SIX MONTHS OF SALE DATE. *NO ALLEY TRADING ALLOWED*