NOT SOLD (BIDDING OVER)
0.00USD+ applicable fees & taxes.
This item WAS NOT SOLD. Auction date was 2013 Jun 08 @ 12:00UTC-5 : EST/CDT
Any Technical Questions. Our Tech Support number is : 1-866-313-0123
JMK In Reality x JMK Simply Smashing View Pedigree
Auction Location:
1240 Tabernacle Rd SE,, Hartselle, Alabama, 35640, United States
There is No Sales Tax is charged on Livestock in Alabama.
Buyer's Premiums:
| From (Incl.) | To (Excl.) | Premium |
| 0.00 |
Infinite |
3% |
Additional Fees:
Shipping Details:
No Info Available
Payment Details:
No Info Available
Accepted Payment Methods:
- VISA
- Master Card
- AMEX
- Discover
- Wire Transfer
The Big Futurity Sale
12 Noon – Saturday, June 8, 2013
JMK Quarter Horses, Hartselle, AL
Any Technical Questions. Our Tech Support number is : 1-866-313-0123
For All purchases made through Online or Absentee Bidding
Inspection of Horse: I agree that, prior to bidding, I have the right to request additional information from the seller, inspect the Horse or have a veterinarian or my representative inspect the Horse at my expense. I agree that by placing a bid through online bidding, I have performed sufficient examination of the Horse to make the purchase. Once I have placed a bid through the online auction, I specifically waive my right to dispute the purchase of the Horse due to any faults or points of conformation or disposition that could have been observed by an examination of the Horse.
Binding Contract: I agree that if I place the highest bid for a Horse, and I am recognized as the Buyer, I have entered into a binding, non-negotiable contract with Professional Horse Services, LLC to purchase the Horse.
Bidder Registration: To be approved to bid, through HorseAuctions.com and HorseAuctionsLive.com:
• Provide complete personal information, credit card information and bank information.
• In order to be approved, I agree that PHS, LLC can verify on my credit card an amount equal to:
-Up to $20,000, PHS, LLC can verify on my credit card 100% of the amount for which I want to be approved to bid. I agree that the amount verified can be used make payment if I purchase a Horse. SEE PAYMENT CONDITION BELOW. (The amount of funds verified may be blocked from use on the credit card for up to 72 hours)
• If you expect to bid more than $20,000, or more than can be charged to your credit card, you need to register by 12 noon (EDT) on Friday, June 7, 2013 so we can contact your bank to obtain a reference or make additional financial arrangements.
• Bidder can deliver funds to PHS prior to the Sale by approved check, bank check or bank wire transfer. Any funds not used for purchase or expenses related to purchase will be returned to bidder immediately after the Sale. Any funds deposited will be held in a registered Custodial Account.
• Bidder must be prepared to make arrangements for Board and Transport of purchase.
Online Buyer Convenience Fee (Buyer’s Premium) – An additional Convenience Fee of 3% (three percent) of the Final Bid Price will be charged to Online Buyers. This is added to the Buyers’s Premium of 3% (three percent) of the Final Bid Price charged for all purchases paid for by credit card. Buyer’s Premium will be discounted for all purchases paid for by cash or check. TOTAL BUYER’S PREMIUM CHARGED FOR ONLINE PURCHASES PAID BY CREDIT CARD IS 6% (six percent) OF THE FINAL BID PRICE. ONLINE PURCHASES PAID FOR BY CASH OR CHECK ARE CHARGED 3% (three percent).
Conditions for purchase using Credit Card:
(a) Payment: If I am the successful purchaser of any Horse in this auction, The Big Futurity Sale, I agree that PHS can process my credit card immediately following the purchase for the total purchase price:
• On purchases up to $20,000: for the amount verified on my credit card(s).
• For any amount above $20,000: process an amount for the total purchase price up to the amount that was verified on the credit card, OR process the amount verified as a non-refundable deposit, with the balance to be paid to Professional Horse Services, LLC not later than 5:00 pm. EDT, Wednesday, June12, 2013.
The total purchase-price shall include the Online Buyer Convenience Fee (3%), Buyer’s Premium (3%), and any applicable Sales Tax. I agree that if I intend to bid on other horses I will place an additional deposit.
(b) Additional Expenses: Professional Horse Services may charge to my credit card any expenses related to the purchase and care of the horse including, but not limited to, board, transport, veterinary or other expenses.
(c) Amended Conditions: I agree to the amended Conditions Of Sale for purchases made by credit card through online bidding. A purchase made by credit card is on the basis of ALL SALES FINAL and I accept the horse AS IS.
(d) Dispute: I agree that I waive my right to dispute this purchase through the credit card company which issued the card used for the purchase. I agree that if I make a claim of misrepresentation or fraud against the seller, I will submit information to support my claim to PHS consistent with the Conditions Of Sale as stated in the catalog. PHS will review the information provided by the buyer and make a recommendation to resolve the matter consistent with the Conditions Of Sale. If the matter is not resolved by the recommendation of PHS then the buyer and seller agree to submit to binding arbitration.
(e) Binding Arbitration: In the event of a dispute between the parties, a claim to enforce this Agreement or the allegation of a default, which is not resolved by agreement, the parties waive the right to litigate the issue and agree the matter shall be submitted to binding arbitration, pursuant to the Code of Virginia, using a single arbitrator to be selected by the parties. If the parties cannot agree on the selection of the arbitrator, they shall allow the arbitrator to be designated by Professional Horse Services, LLC The arbitration shall take place in Loudoun County, Virginia, unless mutually agreed otherwise. In any procedures arising out of, regarding or related to this Agreement, the party found to be at fault shall pay to Professional Horse Services, LLC, the costs, expenses and attorney’s fees incurred in such proceeding, in addition to any amounts awarded in such proceedings in the event Professional Horse Services, LLC substantially prevails. Any parties to the sale may bring no action, regardless of form, including arbitration, more than one year after the cause of action has accrued. Should either party fail or refuse to cooperate upon a demand for arbitration, the non-cooperative party shall automatically be declared the defaulting party by the arbitrator.
Conditions for purchase with deposit of funds with PHS prior to the auction:
If buyer delivers funds to PHS prior to bidding and pays for the Horse entirely by check, cash or bank transfer of funds to PHS, then the purchase will be subject to the Conditions Of Sale as stated in the sale catalog, with regard to disputes made by the buyer. Buyer is subject to the Condition stated above, regarding prior inspection when placing bids through online bidding.
CONDITIONS OF SALE
FIRST - Horses are offered for sale according to the laws of the State of ALABAMA. The highest bidder will be the Buyer. Immediately after the horse is designated as sold, the bidder recognized as the Buyer by the auctioneer will be presented with a Buyer’s Agreement. The Buyer’s Agreement will show the Hip number, name of the horse, and the selling price. The Buyer must immediately and legibly complete the required information and sign this agreement. The Buyer shall present picture identification (such as a driver’s license) to confirm information to auction staff at time of signing. Presentation of the Buyer’s Agreement to anyone other than the bidder recognized by the auctioneer will not entitle that person to right, title, or ownership of the horse.
If any dispute arises between two or more bidders, the horse in dispute shall immediately be put up again for advance bids. If there be no advance the horse shall go to the person from whom the auctioneer recognized the last bid. The auctioneer will decline any bids made by parties who have defaulted in former purchases or by persons who, in his judgment, are not responsible bidders. Rights of consignors to bid are reserved unless otherwise announced. If a consignor does not wish to sell their horse for the final bid price, they will announce the horse to be a “No Sale” immediately after the auctioneer has struck the horse down and signified the end of the bidding, with the consignor retaining ownership.
SECOND - BUYERS ASSUME ALL EXPENSES AND RISKS ON HORSES AFTER THEY HAVE BEEN STRUCK DOWN TO THEM. PHS, LLC recommends that the buyer obtain Full Mortality Insurance on horses immediately after purchase, however, this decision and risk rest solely with the buyer. Upon receiving payment for the horse the cashier will issue a two part receipt. Buyer must present the pink copy of this receipt to stable manager at the time the horse is removed from the grounds. All horses must be removed from sale grounds or in the care of the buyer by NOON, SUNDAY, June 9, 2013. Failure to remove the horse for any reason will obligate the buyer to pay all costs associated with board, transportation and security of the horse. Security charges of $20 for every hour past noon will apply.
THIRD - Professional Horse Services, LLC may distribute or publish the results of this sale in publications or post the results on it’s web site including such information as the price and buyer’s name.
FOURTH - Terms of sale are cash and payment in full must be made immediately after the sale is over. Pay the cashier in all cases. Payment may be made in the form of cash, personal or business check with proper identification, cashier’s or certified check, valid traveler’s checks, Master Card, Visa or American Express. Checks must be made out to Professional Horse Services, LLC In no case may any part of the purchase price be paid direct to the consignor by the purchaser and such payment shall not be valid or entitle the buyer to obtain the horse. A Buyer’s Premium of 3% will be added to the purchase price. The Buyer’s Premium will be discounted for the part of purchases paid by cash or check. Buyer agrees not to stop payment on check for any reason. A charge of $50.00 will be made on any check that is returned.
FIFTH - Online Bidders must register in advance of the Sale to be approved to bid, through HorseAuctions.com or HorseAuctionslive.com. Amended Conditions of Sale apply to online bidding and must be agreed to in order to be approved. Conditions of Sale Amendments for Online bidding are available in this catalog, and online through HorseAuctions.com or ProHorseServices.com.
FIFTH - If any person shall purchase a horse and not pay for it as prescribed above, the sale management or consignor shall have the right to resell the horse or at their option bring legal action in which event buyer agrees to pay all cost of such suit together with reasonable attorney fees as fixed by the court. In the event of resale the defaulting buyer agrees to pay all costs of resale and price deficiency, if any. Interest of 1-1/2% per month will be charged on the unpaid balance of any account not paid for as set forth in these conditions.
SIXTH - All registration papers will be withheld by the sale management until all checks clear the bank (21 days) at which time they will be mailed, with completed transfer reports to AQHA for Quarter Horses and to the buyer for other breeds. Quarter Horse transfers can only be completed with a current membership. NOTE: If any buyer desires to obtain papers immediately, the horse or horses must be paid for with cash, cashier’s or certified check, or personal check accompanied by a Letter of Guarantee issued by your bank. Please call PHS, LLC office for letter format.
SEVENTH - Every effort has been made to assure correctness of the catalog but Professional Horse Services, LLC, the sale management and auctioneer are not responsible for errors or omissions and assume no liability on the part of the seller as to any such statements, either verbal or written regarding horses sold. All statements and corrections at the sale will supercede the catalog.
EIGHTH - Professional Horse Services, LLC, auctioneers and clerks do not act for or represent the buyer or seller, but merely provide a medium for bringing together the buyer and seller for the purpose of sales transactions. Professional Horse Services, LLC and sales personnel assume no responsibility whatsoever to anyone for blemishes, defects, the physical condition or health of any horse and make no warranties or representations of any kind in the sale. THE BUYER SPECIFICALLY WAIVES ALL IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY. ALL RESPONSIBILITY LIES BETWEEN THE CONSIGNOR AND THE BUYER.
NINTH - Buyers and spectators are cautioned to be careful while on the grounds and particularly while horses are being sold or shown in the sale ring. THE SALE MANAGEMENT IS NOT RESPONSIBLE FOR ACCIDENTS.
TENTH - James Kifer & JMK Quarter Horses assumes NO responsibility for the Sale or for accidents on the grounds.
ELEVENTH - Bidding procedure - minimum advance in bidding are $25 to $2,000, $50 to $5,000 and $100 thereafter. Auctioneer may establish an upset price on any horse offered. If an opening bid of the upset price is not received, the horse shall be led from the sale ring as unsold. Amount of upset price will be announced at Sale.
TWELFTH - Broodmares will be guaranteed only to have been bred to stallions as indicated. Any purchaser of a broodmare sold in this sale may have the mare examined by an acceptable veterinarian within 12 hours after the start of the sale and before the horse leaves the sale premises. Any broodmare so examined whose pregnancy or breeding soundness status is found not to be as represented at the time of sale, may be returned to the consignor as unsold, and the consignor shall pay veterinarian’s fee for examination. Otherwise, no guarantee is made of pregnancy status or eventual foaling unless made specifically by consignor. No return privileges or live foal guarantees accompany mares unless stated by consignor with proof in writing of such agreement issued by stallion owner.
THIRTEENTH - Consignor has the responsibility to notify the sales management in writing prior to the sale of any unsoundness of any nature known to him and they will be announced at time of sale. BUYER HAS THE RIGHT TO HAVE A LIMITED POST PURCHASE EXAMINATION BY A VETERINARIAN WITHIN 12 HOURS OF THE START OF THE SALE AND BEFORE THE HORSE LEAVES THE SALE PREMISES. If a qualified veterinarian finds the horse not to be sound for the advertised purpose, the consignor will accept the return of horse as unsold and hereby authorizes Professional Horse Services, LLC to refund the purchase price. This examination will be limited to moving the horse for soundness on riding horses or show horses of any type, and checking the reproductive tract on breeding horses, as well as checking for conditions as stated in Condition Fourteenth. Positive reaction to flexion tests and hoof testers does not constitute unsoundness, if the horse is moving sound. These tests should be a part of a pre-purchase examination. THE BUYER HAS THE RESPONSIBILITY TO EXAMINE HORSES BEFORE BIDDING.
FOURTEENTH - The consignor has the responsibility to notify the sales management in writing prior to the sale of the fact that the horse is a CRIBBER, a WEAVER, UNSOUND OF EYES or WIND, PARROT MOUTH, a CRYPTORCHID, MONORCHID or RIDGLING, has been NERVED, or has a Chronic Lameness, regardless of cause, or a LAMENESS DUE TO a navicular disorder, founder prior to the sale, osteoarthritis of a joint or other bone abnormality or neurological disorder including, but not limited to, EPM or wobbles. Mares and stallions will be exempt from the lameness provision as stated above if they are represented only as breeding animals. If a buyer discovers such a condition in the horse which was not stated to the sales management by the consignor, as required and specified above, and NOT stated in the catalog or announced at the time of the sale, and the horse had such a condition at the time of sale, the buyer may have grounds to reject the horse. The buyer must deliver to Professional Horse Services, LLC a WRITTEN STATEMENT FROM A QUALIFIED VETERINARIAN within five (5) days of the date of the sale establishing the existence of the condition, in detail. The veterinarian’s statement shall include a description of the procedures performed during the examination, the results which caused the veterinarian to diagnose the condition, and state how it was determined that the condition existed prior to the sale. If the evidence is conclusive, the consignor agrees to accept the return of the horse and hereby authorizes Professional Horse Services, LLC to refund the purchase price. If the veterinarian’s statement is inconclusive or is not complete with the information required above, Professional Horse Services, LLC may disallow the claim and pay the consignor. In the event that a consignor does not agree with the buyer’s veterinarian’s statement, Professional Horse Services, LLC may hold funds until buyer and consignor resolve the matter in accordance with Condition Fifteenth.
FIFTEENTH - Disputed Condition - If the consignor disputes the diagnosis by the buyer’s veterinarian for conditions stated in Condition Fourteenth above, that were not stated in the catalog or announced before the horse was sold, then PHS, LLC may appoint an equine veterinarian of its choice to determine the condition of the horse. The examination of the appointed veterinarian shall be limited to the disputed condition. The appointed veterinarian may inspect the horse and may apply such diagnostic testing and procedures as deemed to be appropriate. The appointed veterinarian may also confer with the consignor and the buyer and the buyer’s veterinarian, and may review available veterinary medical history including consignor with prior veterinarians having knowledge of the horse, and may review the report and supporting information supplied by the buyer’s veterinarian. The decision of the appointed veterinarian shall be final in all respects and PHS, LLC shall allow or disallow the rejection of the horse by the buyer consistent with the opinion of the appointed veterinarian. The buyer has the duty to present the horse for examination with the appointed veterinarian in cooperation with the veterinarian’s schedule and has the duty to provide board, necessary farrier and veterinary care, and transportation until the dispute is resolved. The appointed veterinarian shall be within a reasonable proximity to the buyer. If rejection by the buyer is allowed by PHS, LLC, the consignor shall pay the cost of services of the appointed veterinarian and the buyer may recover from consignor any direct costs as stated in Condition Seventeenth. Risk of loss passes back to consignor immediately upon notice of decision by PHS, LLC to allow rejection by the buyer and consignor shall immediately make arrangements to take possession of the horse.
SIXTEENTH - The consignor has agreed not to give the horse any drugs to alter soundness or attitude, unless it is disclosed by a statement in the catalog or announcement prior to the horse being sold. If within five (5) days of the sale, the buyer finds the horse to be unsound for the advertised purpose or makes a claim of misrepresentation of attitude by the consignor and a blood test proves positive for a drug that could mask such a problem, the horse can be rejected by the buyer. For a claim to be valid under this Condition the blood sample must be drawn by the sale veterinarian within 12 hours of the start of the Sale and before the horse leaves the sale grounds. Notification of a claim by the buyer under this Condition must be made to Professional Horse Services, LLC within five (5) days of the date of the sale, by a written statement from a qualified equine veterinarian explaining the diagnosis of any unsoundness or explaining the behavior problem. The funds for the horse will be held pending the results of the blood screen.
SEVENTEENTH - In the event a horse is returned to the consignor in accordance with the conditions Twelfth, Thirteenth, Fourteenth, Fifteenth or Sixteenth, the consignor agrees to pay all reasonable costs involved with the sale and return of the horse, including transportation, board and appropriate sale fees. If legal action is initiated by any party, for any horse entered in this auction, the Seller and Buyer, jointly and severally, agree to indemnify Professional Horse Services, LLC, from such suit, including legal fees and costs incurred by Professional Horse Services, LLC
EIGHTEENTH- FOR SITUATIONS OTHER THAN THOSE SPECIFIED IN CONDITIONS TWELFTH THRU SIXTEENTH, THERE IS NO GUARANTEE OF SOUNDNESS OTHER THAN THOSE MADE SPECIFICALLY BY THE CONSIGNOR.
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