SOLD
7,000.00USD+ buyer's premium + applicable fees & taxes.
This item SOLD at 2013 Aug 10 @ 20:04UTC-4 : AST/EDT
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A full invoice should be emailed to the winner by the auctioneer within a day or two.
The 2013 Pony Finals Auction
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Menai Nister Mostyn x Fortunella View Pedigree
Auction Location:
Events Center, Lexington, Kentucky, 40501, United States
• 6% Kentucky Sales Tax will apply.
Exemptions for Ponies that are transported by ICC licensed carrier, with applicable bill of lading; Breeding Stock only, not for show, 2 years and older. Dealer for Re-Sale must show KY or resident State Dealer ID for exemption.
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
- Money Order/Bank Draft
- Check/Cheque
- COD (cash on delivery)
- Wire Transfer
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Watch the Preview Streaming LIVE on Thursday, August 8 at 10:00 AM EDT'
For All purchases made through Online or Absentee Bidding
Inspection of Pony: I agree that, prior to bidding, I have the right to request additional information from the seller, inspect the pony or have a veterinarian or my representative inspect the pony at my expense. I agree that by placing a bid through online bidding, I have performed sufficient examination of the pony 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 pony due to any faults or points of conformation or disposition that could have been observed by an examination of the pony.
Binding Contract: I agree that if I place the highest bid for a pony, and I am recognized as the Buyer, I have entered into a binding, non-negotiable contract with Flashpoint Bloodstock, LLC to purchase the pony.
Bidder Registration: To be approved to bid, through HorseAuctions.com and HorseAuctionsLive.com: • Provide complete personal information, credit card information and bank information.
Approval: In order to be approved, I agree that Flashpoint Bloodstock, LLC can verify on my credit card an amount equal to: • If you expect to bid up to $20,000, Flashpoint 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 pony. 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 must register by 12 noon (EDT) on Friday, August 9, 2013 so we can contact your bank to obtain a reference or make additional financial arrangements.• Bidder can deliver funds to Flashpoint 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.
Care of Pony: Bidder must be prepared to make arrangements for Care, Board and Transport of purchase. This is the sole responsibility of the Bidder
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 7% (seven percent) of the Final Bid Price charged for all purchases. TOTAL BUYER’S PREMIUM CHARGED FOR ONLINE PURCHASES IS 10% (ten percent) OF THE FINAL BID PRICE.
Conditions for purchase using Credit Card:
(a) Payment: If I am the successful purchaser of any pony in the Pony Finals Auction, I agree that Flashpoint 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 Flashpoint Bloodstock, LLC not later than 5:00 pm. EDT, Wednesday, August 14, 2013. The total purchase-price shall include the Online Buyer Convenience Fee (3%), Buyer’s Premium (7%), 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: Flashpoint Bloodstock, LLC 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 Flashpoint consistent with the Conditions Of Sale as stated in the catalog. Flashpoint 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 Flashpoint 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 Flashpoint Bloodstock, LLC The arbitration shall take place in Jefferson County, West 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 Flashpoint Bloodstock, LLC, the costs, expenses and attorney’s fees incurred in such proceeding, in addition to any amounts awarded in such proceedings in the event Flashpoint Bloodstock, 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 Flashpoint prior to the auction:
If buyer delivers funds to Flashpoint prior to bidding and pays for the Pony entirely by check, cash or bank transfer of funds to Flashpoint, 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.
Online Buyer’s Agreement and Procedures Create an Account - Log In - Get Approved
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Conditions of Sale
FIRST - Ponies are offered for sale according to the laws of the State of KENTUCKY. The highest bidder will be the Buyer. Immediately after the pony 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 pony, 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 pony. If any dispute arises between two or more bidders, the pony in dispute shall immediately be put up again for advance bids. If there be no advance the pony 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. Consignors may authorize auctioneer, or others, to bid on their behalf.
SECOND - BUYERS ASSUME ALL EXPENSES AND RISKS ON PONIES AFTER THEY HAVE BEEN STRUCK DOWN TO THEM. Flashpoint Bloodstock, LLC recommends that the buyer obtain Full Mortality Insurance on ponies immediately after purchase, however, this decision and risk rest solely with the buyer. Upon receiving payment for the pony the cashier will issue a two part receipt. Buyer must present the pink copy of this receipt to SECURITY at the time the pony is removed from the grounds. All ponies must be checked out with Security or the Sale Office by NOON, SUNDAY, August 12, 2013. Failure to remove or care for the pony for any reason will obligate the buyer to pay all costs associated with board, transportation and security of the pony. Any ponies that remain following the Pony Finals show must make arrangements through the stable office and may have to be moved to a different stall.
THIRD - A BUYER’S PREMIUM OF 7% OF THE FINAL BID PRICE WILL BE CHARGED TO THE BUYER ON EACH PONY SOLD. This Buyer’s Premium will become part of the purchase price and will be subject to Sales Tax.
FOURTH- Flashpoint Bloodstock, 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.
FIFTH- 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 Flashpoint Bloodstock, 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 pony. ALL SALE TRANSACTIONS MUST BE MADE THROUGH THE Flashpoint Bloodstock, LLC SALE OFFICE. Kentucky Sales Tax of 6% will apply to all purchases unless purchaser is properly exempt. 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.
SIXTH – ABSENTEE BIDDING – To be approved to bid via telephone, prospective bidders must agree Conditions of Sale and provide Flashpoint Bloodstock, LLC with an acceptable deposit.
SEVENTH - If any person shall purchase a pony and not pay for it as prescribed above, the sale management or consignor shall have the right to resell the pony 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.
EIGHTH - 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. NOTE: If any buyer desires to obtain papers immediately, the pony or ponies 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 Flashpoint Bloodstock, LLC office for letter format.
NINTH - Every effort has been made to assure correctness of the catalog but Flashpoint Bloodstock, 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 ponies sold. All statements and corrections at the sale will supercede the catalog.
TENTH - Flashpoint Bloodstock, 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. Flashpoint Bloodstock, LLC and sales personnel assume no responsibility whatsoever to anyone for blemishes, defects, the physical condition or health of any pony and make no warranties or representations of any kind in the sale and hereby SPECIFICALLY WAIVE ALL IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY. ALL RESPONSIBILITY LIES BETWEEN THE CONSIGNOR AND THE BUYER.
ELEVENTH - Buyers and spectators are cautioned to be careful while on the grounds and particularly while ponies are being sold or shown in the sale ring. THE SALE MANAGEMENT IS NOT RESPONSIBLE FOR ACCIDENTS.
TWELFTH - Kentucky Horse Park assumes NO responsibility for the sale or for accidents on the grounds.
THIRTEENTH - 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 pony 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.
FOURTEENTH - Bidding - minimum acceptable advance in bidding are $25 to $2,000, $50 to $5,000 and $100 thereafter.
FIFTEENTH - THE BUYER HAS THE RESPONSIBILITY TO EXAMINE PONIES BEFORE BIDDING. Veterinary assistance is available. Please contact the Flashpoint Bloodstock, LLC office.
SIXTEENTH - The 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. The consignor also has the responsibility to notify the sales management in writing prior to the sale of the fact that the pony is a CRIBBER, a WEAVER, UNSOUND OF EYES or WIND, PARROT MOUTH for mares and stallions only, a CRYPTORCHID, MONORCHID or RIDGLING, has been NERVED, has FOUNDERED prior to the sale, has a LAMENESS DUE TO a navicular disorder, 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 pony 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 pony had such a condition at the time of sale, the buyer may have grounds to reject the pony. The buyer must deliver to Flashpoint Bloodstock, 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 pony and hereby authorizes Flashpoint Bloodstock, LLC to refund the purchase price. If the veterinarian’s statement is inconclusive or is not complete with the information required above, Flashpoint Bloodstock, 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, Flashpoint Bloodstock, LLC may hold funds until buyer and consignor resolve the matter in accordance with Condition Sixteenth.
SEVENTEENTH - Disputed Condition - If the consignor disputes the diagnosis by the buyer’s veterinarian for conditions stated in Condition Fifteenth above, that were not stated in the catalog or announced before the pony was sold, then Flashpoint Bloodstock, LLC may appoint an equine veterinarian of its choice to determine the condition of the pony. The examination of the appointed veterinarian shall be limited to the disputed condition. The appointed veterinarian may inspect the pony 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 conferring with prior veterinarians having knowledge of the pony, 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 Flashpoint Bloodstock, LLC shall allow or disallow the rejection of the pony by the buyer consistent with the opinion of the appointed veterinarian. The buyer has the duty to present the pony 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 Flashpoint Bloodstock, 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 Eighteenth. Risk of loss passes back to consignor immediately upon notice of decision by Flashpoint Bloodstock, LLC to allow rejection by the buyer and consignor shall immediately make arrangements to take possession of the pony.
EIGHTEENTH - The consignor has agreed not to give the pony any drugs to alter soundness or attitude, unless it is disclosed by a statement in the catalog or announcement prior to the pony being sold. If within five (5) days of the sale, the buyer finds the pony 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 pony 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 pony leaves the sale grounds. Notification of a claim by the buyer under this Condition must be made to Flashpoint Bloodstock, 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 pony will be held pending the results of the blood screen.
NINETEENTH - In the event a pony is returned to the consignor in accordance with the conditions Fourteenth, Fifteenth, Sixteenth, or Seventeenth, the consignor agrees to pay all reasonable costs involved with the sale and return of the pony, including transportation, board and appropriate sale fees. In the event of legal action over a pony sold in this auction which involves Flashpoint Bloodstock, LLC, the Buyer and Seller, jointly and severally, agree to pay all costs incurred by Flashpoint Bloodstock, LLC, including reasonable attorney’s fees.
TWENTIETH - The AGE and pedigree given in the catalog for ponies selling without registration papers is only approximate and not guaranteed.
TWENTY-FIRST - IN SITUATIONS OTHER THAN THOSE SPECIFIED IN CONDITIONS FIFTEENTH and SIXTEENTH, THERE IS NO GUARANTEE OF SOUNDNESS OTHER THAN THOSE MADE SPECIFICALLY BY THE CONSIGNOR. Copyright 2013 Flashpoint Bloodstock, LLC