Terms and Conditions
When registering to use Horseporium.com you are acknowledging and agreeing to comply with the sections below.
1) LEGAL AGREEMENT:
a) The Buyer represents that they are of sound mind and of legal age to enter legally binding contract.
c) agrees that they are solely responsible for any purchase they make.
d) agrees that should they have the winning bid or utilize the “buy now” option, they have agreed to purchase the horse as they have entered a legally binding contract.
2. RESPONSIBILITY OF THE BUYER:
The Buyer agrees that placing a bid is their acknowledgment that they have vetted the horse bid upon to their satisfaction.
Buyer acknowledges that by agreeing to these terms and conditions they will not hold or attempt to hold Horseporium.com, its owners, or operators, responsible in any dispute that may arise between themselves and the Seller.
3. SELLER’S REPRESENTATION OF HORSE:
By listing a horse upon Horseporium.com, the Seller of the horse agrees the information provided in their advertisement of the horse is true and accurate. The Seller also agrees that any information provided to possible Buyers outside of the advertisement is true and accurate as well.
The Seller accepts sole responsibility and liability for the accuracy of the information they provide in the advertising of their horse.
Seller acknowledges that by agreeing to these terms and conditions they will not hold or attempt to hold Horseporium.com, its owners, or operators, responsible in any dispute that may arise between themselves and a Buyer.
4. WARRANTIES EXPRESSED OR IMPLIED:
The language is clear and unambiguous, Horseporium.com offers no warranties expressed or implied pertaining to the horses offered for bid or horses sold. All disputes arising from an auction on Horseporium.com will be between and shall remain between the Buyer and Seller.
5. SHIPPING AND TRANSPORTATION:
It is incumbent upon the Buyer to arrange for and pay for the shipping and transportation of the horse from the Seller. Seller shall have all examinations completed and paperwork required for transport. These arrangements shall be made in a timely manner.
6. RELEASE OF HORSE TO BUYER:
Seller shall not release a horse to a Buyer until they have made full payment for the horse.
7. RISK AND RESPONSIBILITY:
Buyer assumes all risk, responsibility and expense for the horse at the conclusion of the auction. Seller agrees to provide basic board and care for up to 5 days at no additional charge. Beyond 5 days, Buyer will be responsible to pay for board, at a reasonable cost determined by Seller, plus any other expenses that may be required to maintain the horse until Buyer takes possession or has the horse picked up from the seller.
Bidding will close at the specified date and time on Horseporium.com. If a horse is listed with a “buy now” option, it can be purchased at the “buy now” price prior to the reserve price being met.
9. PAYMENT BY SELLER:
Seller will pay a $100.00 consignment fee to list and advertise their horse. Horseporium.com will collect a commission fee of 10% of the final sale price at the conclusion of the auction.
If the auction ends without the reserve price being met, Horseporium.com will contact the highest bidder offering them the opportunity to buy the horse at the reserve price. If the horse is sold in this manner the 10% commission fee will still apply.
By submitting your horse to Horseporium you are agreeing to list your horse for the duration you have chosen and you are agreeing to sell your horse through Horseporium and not outside of it. Should you decide to sell your horse outside of Horseporium during your listing duration then you agree to pay 10% of your set reserve price to Horseporium.
10. PAYMENT BY BUYER:
Payment in full must be made to the Sellerwithin 48 hours of the end of the auction.
11. DEFAULT ON PURCHASE:
If a horse is not paid for in the manner above, Horseporium.com, or the Seller reserves the right to relist the horse, or even bring legal action against the Buyer. Buyer agrees to pay all attorney fees and court costs of the party taking legal action.
12. COGGINS REPORT:
Seller shall provide a copy of a negative Coggins test. The date of the Coggins test required is to have been completed within the previous 12 months.
13. HEALTH CERTIFICATES:
Seller shall be responsible for obtaining and providing the Interstate Health Certificate for transportation.
Buyer and Seller both agree to releaseHorseporium.com, its owners, and operators from all responsibilities, liabilities, obligations, claims, lawsuits, or legal proceedings arising from the sale of this listing.
15. LIMITS OF LIABILITY:
The Buyer and Seller agree that Horseporium.com, its owners, and operators shall not be liable for lost profits or any incidental, special or consequential damages arising out of or in connection with any sale or transaction.
Seller agrees not to use any device, software or routine to interfere with or attempt to interfere with the functioning of this online auction.
Buyer and Seller’s information will beretained for record keeping purposes and the facilitation of the sale as Horseporium.com will exchange the Buyer’s and Seller’s contact information.
If any provision or portion of a provision of this agreement is held to be invalid or unenforceable for any reason, such provision or portion of a provision shall be struck, and the remaining provisions shall be enforced.