TERMS AND CONDITIONS
GENERAL PROCEDURES AND IMPORTANT AUCTION NOTICES FOR ALL PARTICIPANTS
CONDITIONS OF SALE
ALL PROSPECTIVE PARTICIPANTS ARE URGED TO TAKE NOTICE OF AND THOROUGHLY READ THIS DOCUMENT AND ANY CONSIGNMENT DETAILS OR OTHER TERMS FOR THE AUCTION PUBLISHED WITHIN THE SALE WEBSITE
THERE ARE NO IMPLIED WARRANTIES MADE BY AUCTIONEER, BIG SKY HORSE SALES, LLC OR OWNER AS TO THE MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR OTHERWISE OF ANY HORSE. BIG SKY HORSE SALES, LLC MAKES NO WARRANTIES WHATSOEVER. ALL HORSES SELL AS IS WHERE IS WITH ALL EXISTING CONDITIONS AND DEFECTS.
BIG SKY HORSE SALES, LLC reserves the right, in its sole discretion, to accept or reject the request for a Buyer Number.
Personally inspecting any horse of interest thoroughly PRIOR TO BIDDING OR BUYING. Veterinary assistance is encouraged and is the responsibility of any bidders. BIG SKY HORSE SALES, LLC provides a veterinary lameness exam and a health form completed by the Seller, but does not guarantee any findings in these statements. All information, statements, and records provided by Big Sky Horse Sales, LLC is provided solely for informational purposes of the prospective Buyer. Big Sky Horse Sales, LLC in no way guarantees, warrants, or attest to the veracity or truthfulness of any information provided regarding any horse. Buyers are encouraged to conduct their own veterinary exam(s) at their own expense.
GENETIC TESTING RESULTS
GENETIC TESTING RESULTS ARE NOT GUARANTEED BY BIG SKY HORSE SALES, LLC OR ANY CONSIGNOR.
Horses become the Buyer’s responsibility at the fall of the hammer. Buyers are advised to contact Seller and confirm that proper care is provided after the sale. Big Sky Horse Sales, LLC shall not be responsible in any manner for any post-sale care.
All accounts must be paid WITHIN 24 HOURS FOLLOWING THE SALE. Make all payments directly to Big Sky Horse Sales, LLC and not to Seller under any circumstance.
TRANSFER FEES ARE THE RESPONSIBILITY OF OWNER/SELLER. REGISTRATION CERTIFICATES AND COMPLETED PROVIDED TO BIG SKY HORSE SALES, LLC.
BUYER SHALL RECEIVE ORIGINAL REGISTRATION CERTIFICATE DIRECTLY FROM THE BUYER AFTER THE TRANSFER PROCESS IS COMPLETE. NO REGISTRATION CERTIFICATES WILL BE RELEASED ON SALE DAY. THERE ARE NO EXCEPTIONS TO THIS RULE. BRAND INSPECTIONS SHALL BE THE SOLE RESPONSIBILITY OF THE BUYER, AND SELLER IS REQUIRED TO OBTAIN AND PROVIDE A CURRENT VALID BRAND INSPECTION PRIOR TO THE SALE.
CATALOG INFORMATION AND ANNOUNCEMENTS
EVERY REASONABLE EFFORT HAS BEEN MADE TO ENSURE CORRECTNESS OF THE INFORMATION PRINTED IN THE SALE CATALOG.
BIG SKY HORSE SALES, LLC DISCLAIMS RESPONSIBILITY FOR THE CONSEQUENCES, IF ANY, OF ANY CATALOG ERRORS. HOWEVER, NOTIFICATION OF ERRORS WOULD BE APPRECIATED.
USE CAUTION WHILE ON THE PREMISES
All persons attending the auction or previewing horses at any consignors facility do so at their own risk and are urged to use
UNDER MONT. CODE ANN. § 27-1-727, AN EQUINE ACTIVITY SPONSOR OR AN EQUINE PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN AN EQUINE ACTIVITY RESULTING FROM THE INHERENT RISKS OF EQUINE ACTIVITES.
Unless announced otherwise, all payments for eligibility in major aged events that become due after date of sale are the responsibility of Buyer, who should notify the proper association of new ownership.
Any Buyer who fails to obtain a pre-purchase examination does so at Buyer's sole risk and is subject to indemnity obligations because all horses are sold "As Is".
All agree to save, HOLD HARMLESS and INDEMNIFY BIG SKY HORSE SALES, LLC, and its respective agents, employees, partners, directors, 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 or Buyer) or any horse, including but not limited to any claims arising out of injuries or damages caused by the horse 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 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 Big Sky Horse Sales, LLC, 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 Big Sky Horse Sales, LLC, 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 during the sale.
BIG SKY HORSE SALES, LLC. Conditions Of Sale
FROM: BIG SKY HORSE SALES, LLC TO: All Sale Participants – Take Notice
NO. 1 GOVERNING LAW
Neither Big Sky Horse Sales, LLC, any representative thereof, nor Crystal Andersen are responsible for any liability whatsoever, including, but not limited to, the loss, damage, injury, death or illness of any horse, person, or property before, during or after the sale.
All horses consigned to the sale are offered in accordance with the laws of the State of Montana and all transactions between Buyer, Seller and Big Sky Horse Sales, LLC are governed by the laws of the State of Montana. Each horse offered in the sale is sold “As Is And With All Defects”.
NO. 2 BIDDING PROCEDURE
The highest bidder shall become the Buyer. Big Sky Horse Sales, LLC reserves the right to reject any and all bids.
NO. 3 BIDDING DISPUTES
If a dispute should arise between or among two or more bidders, Big Sky Horse Sales, LLC shall settle the dispute, and its decision shall be absolute, final, and binding on all parties. In such a case, Big Sky Horse Sales, LLC has the right to reopen the bidding procedure and ask for advanced bids, solely between the bidders having claimed the last bid. If there is no advance bid, the horse shall be sold to the bidder from whom Big Sky Horse Sales, LLC recognized the final bid. If for any reason the bid should be reduced below the recognized bid at the beginning of such a dispute, Big Sky Horse Sales, LLC may reopen the bidding to all bidders with the highest bidder becoming the Buyer regardless of whether or not the final bid exceeds the bid which was originally disputed. BIG SKY HORSE SALES, LLC RESERVES THE RIGHT TO BID ON ANY HORSE OR ITEM TO PROTECT THE SELLERS RESERVE. CONSIGNOR/SELLER MAY ALSO BID ON THEIR OWN HORSE TO PROTECT THEIR RESERVE.
NO. 4 TITLE AND DELIVERY
Title passes to the Buyer automatically at the “fall of the gavel” which is the point in time where bidding has closed online on the particular lot. At such time, Buyer assumes all risk of loss and the responsibility, maintenance, care and expenses for the horse sold passes immediately from the Seller to the Buyer. This shall especially be the condition in the case of illness, injury, or death of any horse after it has been sold. Upon the passage of title, the Buyer agrees to indemnify and hold Big Sky Horse Sales, LLC, any representative thereof, and Crystal Andersen harmless from all
loss, cost and expense including but not limited to: (a) the illness, injury or death of purchased horse, or (b) loss or damage to property, and (c) injury or death of persons caused by the Buyer, his agents, employees or the purchased horse. Title and all risks are assumed by the Buyer whether or not delivery has been made. Delivery of a purchased horse shall be contingent upon the Buyer making a full settlement to Big Sky Horse Sales, LLC as the sale cashier as described in Condition No. 5.
NO. 5 SETTLEMENT
Settlement for any purchase must be made in full and paid directly to the sale cashier within the specified time announced prior to the commencement of the auction. Payment to any other source is prohibited and is not recognized as settlement. Payment details will be provided to the Buyer upon purchase of a horse. Settlement for any purchase must be made for the full purchase price with U.S. Currency or with funds from a U.S. bank in the form of a bank check, wire transfer, credit card, cash, certified check or travelers check, all of which must have been approved by Big Sky Horse Sales, LLC. The Buyer’s Acknowledgement of Purchase and Security Agreement is not transferable without the approval of Big Sky Horse Sales, LLC. The copy of the Buyer’s Acknowledgement of Purchase and Security Agreement retained by Buyer must be presented by Buyer at the time of settlement. Any party issuing a check returned as “insufficient funds” or “payment stopped” or “account closed” or issuing a check that shall for any reason not clear drawee’s bank, is subject to being prosecuted to the full extent of the law and is further subject to all legal and equitable remedies, including interest, court costs and attorney fees. Appropriate legal services will be obtained in whatever jurisdiction necessary to secure performance of any payment given as settlement and all costs, including attorney’s fees, incurred by Big Sky Horse Sales, LLC shall be the responsibility of the party issuing such payment.
NO. 6 DEFAULT
After successfully winning a bid, all Buyers shall be responsible for the full purchase price, as stated, for the horse. Buyers who fail in any respect whatsoever to make settlement as described in Condition No. 5, shall be declared in default. The Seller or Big Sky Horse Sales, LLC may bring suit against the defaulter who shall be responsible for all costs, including attorney’s fees, incurred by Big Sky Horse Sales, LLC in collection of amounts owing, or in enforcement or interpretation of the sale condition.
NO. 7 WARRANTIES
There is no warranty, express or implied by Big Sky Horse Sales, LLC, any representative thereof, or Crystal Andersen as to the soundness, physical condition, health, disposition, 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. Any and all guarantees announced on the Seller’s behalf in the description on the website are made solely between the Seller and the Buyer.
NO. 8. BROODMARES
No Guarantees are made by Big Sky Horse Sales, LLC, any representative thereof, or Crystal Andersen regarding pregnancy status, eventual foaling, or fertility of any horse offered for sale. Final pregnancy status on broodmares will be announced at the time of sale on the Seller’s behalf and will take precedence over printed material in the catalog or in advertising. Any contractual
agreements between owners of broodmares in the sale and owners of stallions to which these mares may have been bred are strictly between the Buyer and the Seller.
NO. 9 CATALOG AND ANNOUNCEMENTS
The accuracy of all information in the catalog is the sole responsibility of the Seller. While certain information may have been procured by Big Sky Horse Sales, LLC from third parties on behalf of the Seller, it is nonetheless solely the responsibility of the Seller to verify the accuracy of such information. Big Sky Horse Sales, LLC or any representative thereof, does not assume any responsibility or liability for errors or omissions, or for any verbal or written statement regarding the horse sold.
NO. 10 REGISTRATION CERTIFICATES
A. All original registration certificates, transfer reports, and/or applicable breeders certificate guarantees, and/or registration applications, will be held by the Seller until the Buyer's payment clears the drawee’s bank and becomes unconditional credit. Upon payment clearance, all applicable paperwork will be forwarded directly to the Buyer from the Seller. The Buyer shall be responsible for payment of all applicable transfer fees.
NO. 11 DISCLAIMER
Big Sky Horse Sales, LLC 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 for the purpose of a sales transaction. There is no implied or express warranty made by Big Sky Horse Sales, LLC or any representative thereof as to the marketability or suitability of any horse for a particular purpose.
NO. 12 ARBITRATION
If a dispute should arise between Seller and Big Sky Horse Sales, LLC or Buyer and Big Sky Horse Sales, LLC, all claims, disputes, controversies, differences or other matters in question arising out of the Auctioneer’s relationship to any party in the matters stated in these Conditions of Sale (the claims) and all other matters in which Big Sky Horse Sales, LLC has provided any type of services at any time, whether or not those matters are encompassed within this document (including, but not limited to compensation for fees, expenses and/or commissions) shall be settled finally, completely and conclusively by binding arbitration in Yellowstone County, Montana, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “Rules”), by one or more arbitrators chosen in accordance with the Rules. Arbitration shall be initiated by written demand of the party seeking arbitration.
A decision of the arbitrator or arbitrators shall be final, conclusive and binding on the parties
and judgment may be entered thereon in the District Court of Yellowstone County, Montana, to enforce such decision and the benefits thereof.
Any arbitration held in accordance with this paragraph shall be private and confidential and no person shall be entitled to attend the hearings except the arbitrator(s), the stenographer, (if one is requested), the parties and the attorneys for the parties and/ or representatives designated by the parties. The matters submitted for arbitration, the hearings and proceedings there under and the arbitration award shall be kept and maintained in strictest confidence by the parties and shall not be discussed, disclosed or communicated to any person. On request of any party, the record of the
proceeding shall be sealed and may not be disclosed except insofar, and only insofar, as may be necessary to enforce the award of the arbitrators and any judgment enforcing such award. The prevailing party shall be entitled to recover reasonable and necessary attorneys’ fees and the costs of arbitration from the non-prevailing party.
All Sellers, Buyers, bidders and attendees voluntarily and intentionally waive any right that they may have to a trial by jury in respect to any litigation arising from or connected with this auction.
No. 13 – Coggins, Brand Inspection, Health Inspection, Etc.
All brand inspections (not market permits), and registration papers must be in the name of the Seller. Negative Coggins is required for all horses, must have been performed within 6 months of the date of the sale, and have all brands, markings, and whorls marked on them. A health certificate if required, will be the sole responsibility of the Buyer. Buyer is solely responsible for knowing and complying with all applicable regulations for the transportation of their horse.
No. 14 Big Sky Horse Sales, LLC. — Veterinarian Lameness Exam
Big Sky Horse Sales, LLC will require a veterinarian to perform a lameness exam on every horse sold 10 days before the start of the auction. The results of such exam will be posted on the auction itself. There is no warranty, express or implied by Big Sky Horse Sales, LLC, any representative thereof, or Crystal Andersen as to the soundness, physical condition, health, disposition, 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. Any and all guarantees announced on the Seller’s behalf in the description on the website are made solely between the Seller and the Buyer.