Tactical Equine Online Sales, LLC
GENERAL CONDITIONS OF SALE
GENERAL PROCEDURES AND IMPORTANT AUCTION NOTICES FOR ALL PARTICIPANTS
CONDITIONS OF SALE
ALL PROSPECTIVE PARTICIPANTS ARE URGED TO TAKE NOTICE OF AND CAREFULLY READ THIS DOCUMENT AND THE CONDITIONS OF SALE FOR THE AUCTION PUBLISHED WITHIN THE SALE WEBSITE AND CONSULT AN ATTORNEY IF THEY HAVE ANY CONCERNS REGARDING ANY PROVISIONS THEREIN. Tactical Equine Online Sales, LLC, a Pennsylvania limited liability company, DBA Heidi Schlenker Horsepower Graphics, is hereinafter referred to as “Tactical Equine”.
THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS MADE BY TACTICAL EQUINE OR OWNER/SELLER AS TO THE MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR OTHERWISE OF ANY HORSE. ALL HORSES SELL “AS IS, WHERE IS, WITH ALL FAULTS AND DEFECTS, WITHOUT EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY”.
Tactical Equine reserves the right, in its sole discretion, to accept or reject the request for a Buyer Number.
Buyers have the right to and are encouraged to personally inspect any horse of interest thoroughly PRIOR TO BIDDING OR BUYING. Veterinary assistance is encouraged and is the responsibility of any bidders. Tactical Equine encourages sellers to provides a veterinary statement, but does not guarantee or represent the validity of any findings in that statement.
Neither Tactical Equine nor the pedigree research company shall be responsible for providing information as to multiple embryos (foals of the same year) or frozen embryos out of mares or dams in the sale; nor shall they be liable in any way for Buyer’s or Tactical Equine’s belated awareness of such information.
ALL RECIPIENT MARES MUST BE RETURNED TO STATED FACILITY IN GOOD CONDITION BY DECEMBER 1ST OF THE YEAR OF FOALING. BREEDERS CERTIFICATES FOR THE RESULTING FOAL WILL NOT BE GIVEN UNTIL MARE IS RETURNED. IF MARE IS NOT RETURNED, BUYER WILL OWE A $4,500 RECIPIENT PURCHASE FEE.
GENETIC TESTING RESULTS
GENETIC TESTING RESULTS ARE NOT GUARANTEED BY TACTICAL EQUINE OR ANY OWNER/SELLER.
Horses become the Buyer’s responsibility at the fall of the hammer. Buyers are advised to contact Owner/Seller and confirm that proper care is provided after the sale. All horses must be transported within 14 days of the close of sale. If a horse cannot be shipped in that time frame, buyer will be responsible for any and all boarding charges accrued by the horse until shipper arrives to transport the horse.
All accounts must be paid BY THE NEXT BUSINESS DAY AFTER THE LAST LOT CLOSES BY 5PM EST. For example, if the sale ends on a Monday at 6PM EST, all accounts must be paid by Tuesday by 5PM EST. Make all payments directly to the sale cashier and not to Owner/Seller under any circumstance.
TRANSFER FEES ARE THE RESPONSIBILITY OF OWNER/SELLER. REGISTRATION CERTIFICATES AND COMPLETED TRANSFERS WILL BE MAILED DIRECTLY TO AQHA OR APHA. BUYER SHALL RECEIVE ORIGINAL REGISTRATION CERTIFICATE DIRECTLY FROM THE APPLICABLE REGISTRY AFTER THE TRANSFER PROCESS IS COMPLETE. NO REGISTRATION CERTIFICATES WILL BE RELEASED ON SALE DAY. THERE ARE NO EXCEPTIONS TO THIS RULE.
CATALOG INFORMATION AND ANNOUNCEMENTS
EVERY REASONABLE EFFORT HAS BEEN MADE TO ENSURE THE ACCURACY OF THE INFORMATION PRINTED IN THE SALE CATALOG. TACTICAL EQUINE DISCLAIMS RESPONSIBILITY FOR THE CONSEQUENCES, IF ANY, OF ANY CATALOG ERRORS. HOWEVER, NOTIFICATION OF ANY ERRORS WOULD BE APPRECIATED.
USE CAUTION WHILE ON THE PREMISES
All persons previewing horses at any consignor’s facility, including, without limitation, those facilities owned by Tactical Equine, do so at their own risk and are urged to use extreme caution.
UNDER PENNSYLVANIA LAW (CHAPTER 13, 4 P.S. § 601 – 607) "You assume the risk of equine activities pursuant to Pennsylvania law".
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, WHERE IS, WITH ALL FAULTS AND DEFECTS, WITHOUT EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY”. Buyers are encouraged to request a pre-purchase exam before the start of the auction. Please contact the consignor to set up a time for a pre-purchase exam.
All agree to save, HOLD HARMLESS and INDEMNIFY Tactical Equine, Heidi Schlenker (an individual), and their respective agents, employees, members, managers, partners, directors, officers and/or any person or entity acting on their behalf (together, the “Tactical Equine Parties”), 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, 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/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 the Tactical Equine Parties, or any defect in the premises, equipment or tools owned, operated or controlled by the Tactical Equine Parties. Accordingly, it is understood and agreed that in no case shall the Tactical Equine Parties be responsible for any loss, death, damage or injury of any character to any person, animal, article, or any personal property arising from or occurring prior to, during the sale or after the sale.
CONDITIONS OF SALE
FROM: Tactical Equine Online Sales
TO: All Sale Participants – TAKE NOTICE
CONDITION NO. 1 - GOVERNING LAW
Neither the Tactical Equine nor the Tactical Equine Parties 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 Pennsylvania and all transactions between Buyer, Owner/Seller and Tactical Equine are governed by the laws of the State of Pennsylvania. Each horse offered in the sale is sold “AS IS, WHERE IS, WITH ALL FAULTS AND DEFECTS, WITHOUT EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY”. In the event of any legal dispute between the Buyer and the Owner/Seller, Tactical Equine will occupy the position of agent for a disclosed principal and stakeholder and will be discharged from all obligations owing to the Owner/Seller or Buyer upon delivery of any property or funds held by Tactical Equine to the court having jurisdiction of such dispute.
CONDITION NO. 2 - BIDDING PROCEDURE AND RESERVES
The highest bidder shall become the Buyer. When a bidder bids on a horse the bidder is entered into a legally binding contract to purchase the horse. Tactical Equine will pursue any and all legal remedies to collect payment. Do NOT bid if you do not intend to purchase. If a horse has a reserve price the horse will not be considered sold until the bidding reaches the reserve price set. Exception: If a horse does not meet the reserve price owners will have the option to accept or reject the final high bid. Tactical Equine reserves the right to reject any and all bids.
CONDITION NO. 3 - BIDDING DISPUTES
If a dispute should arise between or among two or more bidders, Tactical Equine shall settle the dispute, and her decision shall be absolute, final, and binding on all parties. In such a case, Tactical Equine 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 Tactical Equine recognized the final bid. If for any reason the bid should be reduced below the recognized bid at the beginning of such a dispute, Tactical Equine 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. TACTICAL EQUINE RESERVES THE RIGHT TO BID ON ANY HORSE OR ITEM TO PROTECT THE SELLERS RESERVE.
CONDITION 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 Owner/Seller to the Buyer, including, without limitation, relating to 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 the Tactical Equine Parties 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 the sale cashier as described in Condition No. 5.
CONDITION NO. 5 - SETTLEMENT
If you win a bid you will be sent an invoice the evening of the close of the sale. Settlement for any purchase must be made in full and paid directly to the sale cashier within 24 hours of the commencement of the auction. Payment to any other source is prohibited and is not recognized as settlement. Buyer accepts that a 2% Buyer’s premium will be charged on all winning bids. 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, credit card, wire transfer, certified check or travelers check, all of which must have been approved by Auctioneer. The Buyer’s Acknowledgement of Purchase and Security Agreement is not transferable without the approval of Auctioneer. 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 person signing a check in the State of Pennsylvania is liable for the full amount of the check. 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 Auctioneer shall be the responsibility of the party issuing such payment.
CONDITION 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 Owner/Seller, Tactical Equine and/or Tactical Equine Parties may bring suit against the party that is in default who shall be responsible for all costs, including attorney’s fees, incurred by Owner/Seller, Tactical Equine and/or Tactical Equine Parties in collection of amounts owing, or in enforcement or interpretation of the sale condition.
CONDITION NO. 7 – WARRANTIES
THERE IS NO WARRANTY, EXPRESS OR IMPLIED BY TACTICAL EQUINE ONLINE SALES, LLC, TACTICAL EQUINE PARTIES, OWNER/SELLER OR ANY REPRESENTATIVE THEREOF, 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, WHERE IS, WITH ALL FAULTS AND DEFECTS, WITHOUT EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY”. Any and all guarantees announced on the Owner/Seller’s behalf in the description on the website are made solely between the Owner/Seller and the Buyer.
CONDITION NO. 8. – BROODMARES
No Guarantees are made by Tactical Equine, Tactical Equine Parties, or any representative thereof, 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 Owner/Seller.
CONDITION NO. 9 - CATALOG AND ANNOUNCEMENTS
The accuracy of all information in the catalog is the sole responsibility of the Owner/Seller. While certain information may have been procured by Tactical Equine from third parties on behalf of the Owner/Seller, it is nonetheless solely the responsibility of the Owner/Seller to verify the accuracy of such information. Tactical Equine, Tactical Equine Parties 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.
CONDITION 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 Tactical Equine 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 proper breed association from Tactical Equine. The Owner/Seller shall be responsible for payment of all applicable transfer fees.
B. Pending registration applications being processed by the appropriate registration agency at the time of sale will be returned from the agency to the Owner/Seller who shall in turn deliver to Tactical Equine. Tactical Equine will then forward the registration certificate and transfer report to the proper breed association.
CONDITION NO. 11 – AUCTIONEER DISCLAIMER
Tactical Equine, Tactical Equine Parties, or any representative thereof, does not act as agent for or represent the Buyer or Owner/ Seller, but only provides a medium for bringing together the Buyer and Owner/Seller for the purpose of a sales transaction. There is no implied or express warranty made by Tactical Equine, Tactical Equine Parties, or any representative thereof as to the marketability or suitability of any horse for a particular purpose.
CONDITION NO. 12 – DISPUTES
If a dispute should arise between Owner/Seller and Tactical Equine or Tactical Equine Parties or Buyer and Tactical Equine or Tactical Equine Parties, all claims, disputes, controversies, differences or other matters in question arising out of Tactical Equine’s or Tactical Equine Parties’ relationship to any party in the matters stated in these Conditions of Sale (the claims) and all other matters in which Tactical Equine and Tactical Equine Parties have 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 Lebanon, Lebanon County, Pennsylvania, 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 Lebanon County, Pennsylvania, 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 Owners/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.
CONDITION NO. 13 – DROPBOX REPOSITORY/RADIOGRAPHS
Tactical Equine encourages everyone to use the repository drop box with their veterinarian to fully evaluate the radiographs available. Digital radiographs are not expected to prove an animal “perfect” or suitable for any particular purpose, rather, this practice merely allows interested parties the opportunity to make decisions based on information made available and gives interested parties the opportunity to consult with their own experts and/or professionals to ultimately make determinations as they relate to any particular horse. DIGITAL RADIOGRAPHS ARE NOT AVAILABLE FOR VIEWING AFTER A HORSE HAS SOLD.
CONDITION NO. 14 – REPOSITORY RULES
Tactical Equine has established a Repository. The Repository provides veterinarians with on and off-premise viewing options.