Terms & Conditions - Elkhart Horse Auctions

Terms and Conditions

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.

(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.

SELLER TERMS AND CONDITIONS

The charge will be 10% for grade horses, registered horses, any other livestock, outside sales, or saddles of the sale price to auction your property,
but in no event, will the charge be less than $10.00. The charge will be 20% for used tack of the sale price to auction your property, but in no event,
will the charge be less than $5.00. There will be a $40.00 Coggins test charge, a $10 per animal yardage fee, if needed. A barn rider can ride your horse
in the ring for a $20.00 fee that must be paid in the office.
In Ring Pass Out Fee (P.O.) will be $10.00 for each horse, livestock, saddle, or outside sale. A one time $10.00 P.O. Fee will be charged for used tack. Pre-Ring or Early (P.O.) will be $150.00 Per Donna Thomas’s allowing to pre-ring PO.
All representations concerning the health, condition, or value of the livestock or item sold are made by the Seller. Elkhart Horse Auctions and the Auctioneer are not responsible for any representations regarding the condition, health, or value of the livestock or item. Seller shall indemnify and hold harmless Elkhart Horse Auctions, against any claim by Buyer regarding the health, condition, value, or any other attribute of the livestock or item sold. Buyer purchases the livestock or item in an “AS IS “condition save and except a valid “Coggins Test.”
ALL SALES ARE FINAL! In the event the livestock or item is not sold at auction, the Seller is responsible for removal of his or her property by 5:00pm of the day following the sale. Seller agrees to pay the additional $25.00 per day until the livestock is picked up by the seller. Seller authorizes Elkhart Horse Auctions and T6 Stables to sell any livestock not picked up from T6 Stables within a two (2) week period. The livestock will be offered for sale with no minimum price and Elkhart Horse Auctions and T6 Stables are authorized by the seller to deduct from the sales proceeds to seller. Seller authorizes T6 Stables to administer any type veterinary care necessary in the opinion of T6 Stables. Seller agrees to reimburse T6 Stables for such fees.
Seller is not to sell livestock or item to any Buyer other than through registration with Elkhart Horse Auctions. Any sale transacted other than through registration with Elkhart Horse Auctions, while on Elkhart Horse Auctions property, is a breach of this agreement. In the event Seller conducts a sale (commonly known as “Alley Trading”) other than through registration with Elkhart Horse Auctions, Seller will be denied any future right to sell at Elkhart Horse Auctions and may be given a “NO TRESPASS” letter. Seller will be subjected to damages resulting from the breach of this agreement, including but not limited to, payment of the commission that would have been earned on the sale of the livestock or item.

NO PRE-RING SALES. NO ALLEY TRADING. NO TRAILER-HOPING.

Elkhart Horse Auctions is not responsible for injuries or damages to person or property. Seller (named on front of this page) agrees to promptly pay all money owed and RELEASED from any such liability and to forebear any and above all claims against Elkhart Horse Auctions in exchange for the use of the auction barn for the purpose of buying and selling.
No lots (horses, livestock, etc.) maybe left at the barn more than 12 HOURS without express permission from Elkhart Horse Auctions. (STORAGE IS $15.00/DAY AFTER 3:00PM SUNDAY)
All sales of equine are subject to valid Coggins Test approved by the TEXAS ANIMAL HEALTH COMMISION. If a valid Coggins Test is not produced by 6:00pm on the day of the Sale Date, Elkhart Horse Auctions, will automatically test the equine and a $30.00 charge, to be paid by seller, will apply.
The Buyer and Seller fully acknowledge that any property (horses, livestock, tack, etc.) consigned to Elkhart Horse Auctions removed from such property will be paid in full. In the event any check that is made in payment of the purchased property is returned for insufficient funds, no funds, or the drawer or maker has no account, or the account on which it is drawn, the Buyer waives recognition of such payment and accepts full responsibility for theft of property. In addition to any other remedy, either civil or criminal, Buyer agrees to pay a $30.00 charge for a returned check from the bank for any reason.
BARN RECIEVES A COMMISION ON ALL SALES ANYWHERE ON THE ELKHART HORSE AUCTIONS PROPERTY, BEFORE, DURNING, OR AFTER THE SALE.
NO PRE-RING SALES AND NO ALLEY TRADING!
MUST BE 18 YEARS OF AGE WITH A VALID ID TO RECEIVE A BUYERS NUMBER.
ELKHART HORSE AUCTIONS have the right to ban anyone from our sale, property, or online resources for any reason we deem necessary.
14. SELLER MAY ONLY CALL HORSE SOUND IF SAID HORSE IS OVER $1000. IF THE SELLER CALLS HORSE SOUND IN THE RING AND CLICKING BOX BELOW, YOU ARE AGREEING TO ELKHART HORSE AUCTIONS HOLDING YOUR CHECK TIL 5:30 PM ON THE FOLLOWING TUESDAY. IF SAID HORSE IS NOT SOUND SELLER AGREES TO PICK UP HORSE IMMEDIATELY AND AGREEING TO STILL PAY COMMISSION THAT ELKHART HORSE AUCTIONS EARNED.

BY CLICKING THE BOX BELOW, YOU, THE SELLER AND/OR BUYER, AGREE THAT YOU HAVE READ OVER ELKHART HORSE AUCTIONS TERMS AND AGREE TO THE CONDITIONS STATED IN THIS DOCUMENT.