Viewing Instructions

1. Payment is due one hour after the sale is completed. 2. Payment must be approved prior to sale by barn management. 3. There is a $50 charge for checks that are returned from the bank for any reason. There will be a 3% charge on ALL credit card and check purchases. 4. All representations, warranties, or guarantees concerning items or livestock’s health, condition, soundness, or value are made by the Seller. Elkhart Horse Auctions and its agents or employees make no representations, warranties, or guarantees regarding items or livestock’s health, condition, soundness, or value. Buyer purchases the item or livestock in an “AS IS” condition with no warranty. 5. All sales are final and the Buyer is responsible for removing the purchased item or livestock by 5:00pm of the day following the sale. Buyer will pay an additional fee of $25 for each day until the livestock is picked up by Buyer. Buyer authorizes ELKHART HORSE AUCTIONS to administer any veterinary services necessary in the opinion of ELKHART HORSE AUCTIONS and Owner agrees to reimburses ELKHART HORSE AUCTIONS for such fees. Buyer authorizes Elkhart Horse Auctions to resell through the next auction any livestock that is not picked up by Buyer at the end of two weeks. Buyer authorizes Elkhart Horse Auctions to deduct from the sale proceeds of a resale, all sales commissions, fees owing to ELKHART HORSE AUCTIONS, and any other out of pocket expenses incurred by ELKHART HORSE AUCTIONS before returning the balance of the proceeds to Buyer. Elkhart Horse Auctions will release livestock to a transporter only upon receipt of written authorizatioN, HAULING FORM SENT IN from Buyer setting forth the name, address, and phone number of the transporter. The transporter must have a copy of the receipt of sale, Driver license, and license plate . Elkhart Horse Auctions and T6 Stables are not responsible for health certificates or other permits required by any public authority for the transport of livestock. 6. The commission is applicable to all sales resulting from exposure through registration with the Elkhart Horse Auctions, whether made in the actual auction, before, or after. 7. Elkhart Horse Auctions is not responsible for injuries or damage to person or property. The Buyer agrees to release the Elkhart Horse Auctions from liability and to forbear all claims for injury, damage, or loss to person or property in exchange for the use of the barn and benefit participation in the sale. WARNING UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTIVE AND REMEDIES CODE), A FARM ANIMAL PROFESSIONAL IS NOT LIABLE FOR ANY INJURY TO OR THE DEATH OF A PARTICIPANT IN FARM ANIMAL ACTIVITIES RESULTING FROM THE INHERENT RISKS OF FARM ANIMAL ACTIVITIES. 8. The Buyer fully acknowledges that any property (livestock, tack, saddles, and/or any property consigned to Elkhart Horse Auctions) removed from said property will be paid in full by cash, check, or card. Any insufficient funds, no funds on the drawer, or maker has no account, or the account on which it is drawn has been closed, waive recognition of such payment and accept full responsibility of theft (felony or misdemeanor charges) of livestock, saddles, tack, or other property. 9. Should it become necessary to enforce payment against you for any reason, it is hereby agreed that the Buyer will be responsible for attorney’s fees and legal expenses that are reasonable and allowed by law. 10. NO PRE-RING SALES AND NO ALLEY TRADING! BARN RECEIVES A COMMISSION ON ALL SALES ANYWHERE ON THE ELKHART HORSE AUCTIONS PROPERTY. 11. This contract is performable in Anderson County, Texas. 12. Elkhart Horse Auctions and T6 Stables are not responsible for loss or damage to livestock, equipment, or persons from injury, accident, theft, or fire. Buyer agrees to indemnify and hold Elkhart Horse Auctions and T6 Stables harmless from all liability for damages to property injuries unless caused by Elkhart Horse Auctions and T6 Stables gross negligence or intentional conduct. 13. ELKHART HORSE AUCTIONS have the right to ban anyone from our sale, property, or online resources for any reason we deem necessary. 14. BUYER AND/OR seller gives permission to Elkhart Horse Auctions to call a veterinarian for any reason ELKHART HORSE AUCTIONS deems necessary. Buyer and/or seller is responsible for ANY and ALL medical bills, medication, and treatment done by veterinarian and Elkhart Horse Auctions. If Buyer/or seller fails to comply they are agreeing to relinquish all rights to the animal to Elkhart Horse Auctions. BY CLICKING THIS BOX BELOW, YOU, THE BUYER, AGREE THAT YOU HAVE READ OVER ELKHART HORSE AUCTIONS TERMS AND AGREE TO THE CONDITIONS STATED IN THIS DOCUMENT.

Copyright © 2017 Elkhart Horse Auctions - All Rights Reserved.

(14.) All online bidders must register and submit an application for bidding approval and receive a bidder number before actual bidding can begin. You will receive your bidder number by email. Upon confirmation of your email address, this bidder number and your selected password will allow you to bid on any available item. Bidder numbers will be generated by the website, and passwords must contain at least 8 characters. By becoming a bidder with Elkhart Horse Auctions, you give Elkhart Horse Auctions express permission to send updates and notifications via email and/or text message to the contact information provided with your the account. Email notifications may be sent through both our main web servers as well as additional third party email programs.

(13.) All items are sold as is and where is with no warranty or guarantee implied or intended by the seller or the auctioneer. Loading assistance is NOT typically available unless otherwise stated. All sales are final and the bidder is responsible for knowing which item he or she is bidding on. Elkhart Horse Auctions recommends all bidders make every effort to confirm information from the item's full description, confirmation with the seller, and physical inspection as to the usability and condition of every item they bid on. Bidder is completing a legal binding contract when placing a bid on any item that you agree to these Terms and Conditions, that the bid placed is correct, and that the bidder will complete the contract by paying for the item that was bid on as well as picking up the item per these Terms and Conditions. Once the item is declared sold, it becomes the responsibility of the buyer with all liabilities attached thereto.

(14.) The interactive bidding format will allow bidding by default set increments or you may place a maximum bid. You will see the results or your bid immediately upon placement. You may bid from any page where items are displayed including the: "Browse", "Ending Soon", "Watching", or "Bids" pages. All bidding for online auction items will begin closing at the day and time listed for each specific item. Item closings are dynamic, meaning that should a bid be placed on any item within the last 60 seconds of closing, bidding will be extended for an additional 60 seconds until all bidding has ceased. Users acknowledge that the online auction service may or may not function as designed for reasons beyond our control. Under no circumstances will bidder or seller have any claim against Elkhart Horse Auctions, Swico Software Solutions, its website designer and/or developer, host or anyone else if any applicable internet service is interrupted for any reason causing any problems with the ability to bid and/or place items for sale. Elkhart Horse Auctions will not be responsible for any missed bids!

(15.) For Live Auction Items, you are placing absentee bids! The high bidder and associated high bid for each live auction item at the designated online closing time BEFORE the live auction portion of an event will be the opening bid for the live auction and additional bids will be placed for you up to your maximum bid. If your set max bid is outbid then the onsite bidder gets the item. If your max bid or any lower automatic bid wins as the final high bid, then you get the item and have 5 business days to pick it up. You will be called on sale day that you won the item and payment has been made. We will charge your card on file for payment one time only. If the card is declined, then it goes back to the next onsite bidder or may be resold the same day. If payment is made an invoice is sent out via email no later than the morning after the live auction portion of the event.

(16.) Acceptable payment is by Visa, MasterCard, American Express and Discover credit cards. Invoices will be processed immediately after the last item for the day has closed, with payment being applied to the credit card on file unless prior arrangements have been made. All purchases are due and payable in US funds. A declined payment notice will be attached to any invoice where the credit card has been declined. If a change of credit cards is required a buyer may update their card information through their profile page as needed.

(17.) Included in all paid invoices will be a contact for scheduling pickup with the seller. Buyers MUST present an invoice as proof of purchase when picking up their purchases from the seller! All of your invoices as a buyer can be found by clicking on the available Invoices page button and/or from the main account profile page.

(18.) Items not picked up will be considered abandoned and properly disposed of by the seller with no refunds!

(19.) Vehicle title papers will be issued by the seller at the time of pickup to the buyer as shown on the invoice unless the seller is notified of a change at the time of scheduling the pickup. No "OPEN" titles will be issued per State law. Odometer readings are not guaranteed to be actual unless so indicated.

(20.) Gun and ammo buyers must be a resident of Texas, and 18 years of age or older for long guns, or 21 years of age or older for handguns. All firearms MUST be picked up in person by the buyer per Federal law!

(21.) Any legal action arising from transactions related to any auction conducted by Swico Software Solutions, will be conducted in Brazos County, Texas, USA and under the current laws of the State of Texas, USA. All operations of this web page are based in Texas and operated under the current laws of Texas, regardless of user or operator computer location.

(22.) These Terms and Conditions are subject to change at anytime and Swico Software Solutions recommends that they are reviewed periodically to keep up to date on any changes. When placing any bid we remind you to review these terms using the available links throughout the website.

Online Event Pre-Bidding

This item is set for online auction pre-bidding for the event. As a result, the high bid for the selected item as of completion of the online bidding portion of the event on Saturday, December 13 at 8:00 PM will be transferred to the live event starting on Saturday, December 13 at 8:00 PM where FURTHER BIDDING is possible. If you are higher bidder for this item at the conclusion of the online bidding portion, this does not mean that you have won the item. Only if you are still the high bidder at the conclusion of the live event, you will be invoiced for your won item and your credit card will automatically be charged at that time. If you are the eventual high bidder at the conclusion of the live event and are not at the event, you will be contacted and/or notified with further instructions regarding item pickup.

Bidding Increment Levels