Thank you for joining us for our online spring sale! We have 5 outstanding horses we are proud to offer! We have put these horses through their paces and are 100% confident that you will love absolutely everything about them! All of our horses have very extensive video links so you can see how they handle everything! They all come with a customer satisfation guarantee and backed by Hearltand Equine Auctions!
Bidding for these horses will be open for 3 weeks, we want to give our buyers enough time to check them out, and find out everything they want to know about those that interest them! Once the sale comes to an end, we will reach out to the winners to discuss payment and pickup arrangements. If you are in need of a hauler to get your new horse home, we work with several trusted haulers we can put you in touch with!
Please understand that each of these horses do have a reserve price on them, in the event that at the close of bidding the reserve is not met, we will reach out to the bidder who had the last bid and give them the option to purchase the horse!
If you have any questions in regards to any of the horses please reach out to Lavern Detweiler 417-793-2253
ALL PARTICIPANTS MUST READ AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS BEFORE CONSIGNING A HORSE OR BIDDING ON/PURCHASING A HORSE.
These Terms and Conditions govern all activities involving the sale. By participating in the\auction, all Contracted Enitys, Bidders, and Buyers, as well as their respective agents, and all other interested parties (collectively the “Participants”), agree to be bound by these terms and conditions and all resulting sales are subject to these terms and conditions and the preceding Important Information (collectively the “Terms and Conditions”). “Horse” shall be deemed to include all horses and all interests therein offered or sold during the sale, unless otherwise provided herein. “Contracted Enity” shall be deemed to include the horse’s registered owner(s), and the owner(s) respective agents acting on owner’s behalf, including but not limited to consignor(s), if different than owner(s), unless otherwise provided herein. All Contracted Enitys are bound by the consignment contract and the information provided therein as well as these Terms and Conditions. “Heartland Equine Auctions” means Heartland Equine, LLC d/b/a Heartland Equine Auctions, and its members, managers, officers, employees, agents, and representatives. Heartland Equine Auctions reserves the right, in its sole discretion, to refuse to accept a horse for consignment, and to refuse to permit any person from participating in the sale. All Participants are strongly advised to consult their own legal and tax counsel with respect to the purchase of any horse at the sale.
The Role of Heartland Equine Auctions
Heartland Equine Auctions is not an agent for or representative of the Participants, but only provides a medium through which a willing Contracted Enity and a willing Buyer can come to an agreement on the sale and purchase of a horse.
Accuracy of Catalog and Statements
Contracted Enities are responsible for fully disclosing all defects and bad habits to Heartland Equine Auctions in the consignment form. All disclosed defects and bad habits will be printed in the catalog. Examples of defects or bad habits include, but are not limited to, the following: not sound for performance; not sound for breeding; vision impaired; discoloration in eyes; hearing impaired; overbite; underbite; cribber; weaver; neurological disorder; respiratory issue; mane/tail extensions; joint surgery; abdominal surgery; foundered; hoof damage; specialty shoes; cryptorchid; nerving; tail blocking; and obvious blemishes. Contracted Enity is the sole guarantor of all information regarding Contracted Enity’s horse in the catalog and Heartland Equine Auctions is not responsible for errors or
omissions. The Participants waive and release Heartland Equine Auctions from all liability for errors or omissions, or for any verbal or written statement regarding a horse sold in the sale.
Inspection
Participants are urged to personally, and with veterinary assistance, thoroughly inspect and examine any horse of interest prior to bidding or buying. Bidders and Buyers are responsible for obtaining veterinary assistance. Heartland Equine Auctions does not warrant or guarantee the accuracy of any veterinary statements, digital radiographs, genetic testing results, or any other information included in the catalog. Any Buyer who fails to obtain a pre-purchase examination prior to bidding does so at Buyer’s sole risk. Buyer shall indemnify and hold harmless Heartland Equine Auctions from any loss, liability, damages, claims, lawsuits, causes of action, judgments, costs, expenses, and attorney’s fees arising from any faults, conditions, or defects discovered. Bidding, Purchasing, and Passage of Ownership Subject to any pre-determined reserve being met, the highest bidder at the point in time where the bidding has closed online on a particular lot shall become the Buyer and ownership to that horse passes immediately to Buyer at that point in time. At that point in time, Buyer assumes all risk of loss and the responsibility for maintenance, care and expenses for the horse purchased passes immediately from Contracted Enity to
Buyer. Upon the passage of ownership, the Buyer agrees to indemnify and hold harmless Heartland Equine Auctions and the Contracted Enity from all loss, cost and expense, including, but not limited to: the illness, injury or death of the purchased horse; the loss or damage to property; and the injury or death to persons caused by the Buyer, its agents or employees, or the purchased horse. Ownership 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 Heartland Equine Auctions as described in these terms and conditions and in the preceding Important Information. Any Buyer who purchases a horse, grants to Heartland Equine Auctions a security interest in all horses purchased and their proper certificates of registration and in any products and proceeds, in the amount of any outstanding sum owed to Heartland Equine Auctions on Buyer’s account.
Settlement of Account
Upon the passage of ownership, all Buyers shall be responsible for the full purchase price, Please note that there is a 4% buyer's premium as stated, for the horse purchased. Settlement for any purchase must be made in full and paid directly to Heartland Equine Auctions within ninety-six (96) hours of the conclusion of the sale, unless prior arrangements have been made and agreed to in writing by Heartland Equine. Payment to any other source is prohibited and is not recognized as settlement. Settlement for any purchase must be made for the full purchase price with United States currency or funds from a U.S. bank in the form of a wire transfer, cash, or certified check, all of which methods must have been approved by Heartland Equine Auctions prior to payment. Certified checks must clear the buyer’s bank prior to buyer retaining the horse(s). Buyers who fail in any respect whatsoever to make settlement as described herein shall be in
default; where upon, Heartland Equine Auctions or Contracted Enity may bring a lawsuit against the party in default. Heartland Equine Auctions shall not be responsible for Buyer’s failure to make settlement. Also, any person or entity issuing a check returned as “insufficient funds” or “payment stopped” or “account closed” or issuing a check that shall for any reason whatsoever 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 incurred as a result.
Post-Sale Care and Transport
A purchased horse becomes the Buyer’s responsibility immediately upon the passage of ownership as described herein. Buyer is advised to contact Heartland Equine to arrange for the care of the horse until such time as Buyer picks up the horse. Buyer is also to arrange for transport of the horse after purchase, unless Heartland Equine has been retained to find and provide transportation. Any buyer choosing this option must contact Heartland Equine prior to the auction ending to verify fees associated with this service. Any arrangements and agreements made regarding after purchase care and transport of the horse are strictly
between the parties making those agreements. In no instance will Heartland Equine Auctions have any liability regarding after purchase care or transport unless agreed upon and in writing prior to sale end by Heartland Equine.
Registration Certificates
All original registration certificates, transfer reports, breeder’s certificates or breeder’s certificate guarantees, and/or registration applications, will be held by Heartland Equine Auctions until Buyer’s full 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 by Heartland Equine Auctions. Contracted Enity shall be responsible for payment of all applicable transfer fees. If a pending registration application is being processed by a breed registration agency at the time of the sale, the registration
certificate will be sent from the breed registration agency to the Contracted Enity, who shall then deliver the registration certificate to Heartland Equine Auctions, who shall then forward the registration certificate and transfer report to the proper breed association.
Performance Guarantee
Buyer has right to return for a refund (minus buyer’s premium) if the horse/pony is not as described by Heartland Equine within a two (2) week time frame of the auction ending. Buyer must contact Heartland Equine immediately with concerns or issues prior to a return. Refund will be made after horse/pony is returned to Heartland Equine. Horse/pony must be in same condition/shape as received to be considered for refund. Buyer is responsible for return shipping/shipping costs unless otherwise agreed upon.
Soundness of the horse is verified by a veterinarian prior to the auction. Should a soundness issue be noticed within two (2) weeks after auction ending, the buyer is to contact Heartland Equine immediately. Any refund of the purchase price, minus any buyer’s premium paid, will be provided after the horse is returned to Heartland Equine and inspected by the same veterinarian to provided original soundness guarantee. Any soundness issues arising from any activity after the auction ends will not be the liability of Heartland Equine.
AS IS, WAIVER, RELEASE, AND INDEMNIFICATION
ALL HORSES SELL “AS IS,” “WHERE IS” AND “WITH ALL FAULTS, EXISTING CONDITIONS, AND DEFECTS.” BUYER EXPRESSLY ACKNOWLEDGES AND AGREES THAT BUYER WILL HAVE, AS OF THE TIME OF BIDDING OR BUYING, THOROUGHLY INSPECTED AND EXAMINED THE PHYSICAL AND NEUROLOGICAL CONDITION OF THE HORSE TO THE EXTENT DEEMED NECESSARY BY BUYER IN ORDER TO ENABLE BUYER TO EVALUATE THE PURCHASE OF THE HORSE. BUYER HEREBY FURTHER ACKNOWLEDGES AND AGREES THAT BUYER IS RELYING SOLELY UPON THE INSPECTION, EXAMINATION, AND EVALUATION OF THE PHYSICAL AND NEUROLOGICAL CONDITION OF THE HORSE BY BUYER AND THE ADVICE OF ITS OWN CONSULTANTS AND AGENTS, AND AT THE POINT IN TIME WHERE THE BIDDING HAS CLOSED ONLINE, WILL ACCEPT THE HORSE ON AN “AS IS,” “WHERE IS” AND “WITH ALL FAULTS, EXISTING CONDITION, AND DEFECTS” BASIS, WITHOUT REPRESENTATIONS. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR OTHERWISE MADE BY Heartland Equine Auctions OR THE
HORSE’S CONTRACTED ENITY, AND NO EXPRESS WARRANTIES MADE BY Heartland Equine Auctions, ITS AGENTS, MEMBERS, MANAGERS, OR REPRESENTATIVES. ANY EXPRESS WARRANTY OR GUARANTEE MADE ON THE CONTRACTED ENITY’S BEHALF IN WRITING ARE MADE SOLELY BETWEEN THE CONTRACTED ENITY AND BUYER. All Participants agree to release, hold harmless and indemnify Heartland Equine Auctions, its members, agents, employees, managers, owners, representatives, or any person acting on its behalf from any and all liability, debt, claims, lawsuits, losses, damages, causes of action, judgments, costs, expenses, and attorney’s fees, related to or arising from: a breach or misrepresentation by Contracted Enity or Buyer; personal injury or death of any person (including, but not limited to, employees of Contracted Enity or Buyer) or any horse, including, but not limited to, any claims arising out of injuries or damage (personal and property) caused by the horse sold after the point in time where the bidding has closed online; or arising from any failure or defect in the sale website and platform. The foregoing 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 Heartland Equine Auctions, its members, agents, employees, managers, owners, representatives, or any person acting on its behalf, or any defect in the sale website
and platform. The indemnity obligations stated in this section are in addition to those stated elsewhere in these Terms and Conditions, in the Contracted Enity’s consignment contract, or otherwise provided in writing.
Dispute Resolution
If a dispute should arise between or among two or more bidders, Heartland Equine Auctions shall settle the dispute, and its decision shall be absolute and binding on all Participants. In such case, Heartland Equine Auctions 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 Heartland Equine Auctions recognized the bid. If for any reason the bid should be reduced below the recognized bid at the beginning of such a dispute, Heartland Equine Auctions may reopen the bidding to all bidders with the highest bidder becoming the Buyer regardless of whether or not the original bid exceeds the bid originally disputed. Any other dispute that arises shall be regulated according to the established customs and practices of professional auction sale companies and, as necessary, the following binding
arbitration procedure. These Terms & Conditions shall be construed and enforced in accordance with the laws of the State of Texas without regards to its conflicts of laws principles. If a dispute should arise, all claims, disputes, controversies, differences or other matters in question pertaining to these Terms and Conditions or arising out of the sale, Heartland Equine Auctions relationship to any Participants, or Heartland Equine Auction’s services (including, but not limited to compensation for fees, expenses and/or commissions) shall be settled finally, completely and conclusively by binding arbitration in Mount Vernon, Lawrence County, Missouri, in accordance with the Commercial Arbitration Rules of the American Arbitration Association, by an arbitrator chosen in accordance ith said Rules; provided, however, Heartland Equine Auctions shall be entitled to seek all legal and equitable remedies in order to enforce or foreclose its security interest, to recover horses sold and not paid for in full and/or to collect payment for horses. Arbitration shall be initiated by written demand of the
party seeking arbitration. In the event a Participant fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the award, said participant shall be liable for all costs of suit, including reasonable attorneys fees for having to compel arbitration or defend or enforce the award. A decision of the arbitrator or arbitrators shall be final, conclusive and binding on the parties, and judgment may be entered thereon in a District Court of Parker County, Texas, to enforce such decision and the benefits thereof. The prevailing party shall be entitled to recover reasonable and necessary attorney fees and the costs of arbitration from the non-prevailing party. The “prevailing party” shall be deemed to be that party who obtains substantially the result sought, whether by dismissal or final award.
Entire Agreement & Amendments
The entire agreement with Buyer regarding the sale and purchase of a horse at the sale is contained in these Terms and Conditions. Heartland Equine Auctions shall not be bound by any oral or written agreement or statement made between Buyer and Contracted Enity unless agreed to in writing and signed by an authorized representative of Heartland Equine Auctions. Heartland Equine Auctions reserves the right to amend these Terms and Conditions at any time by posting the revised Terms and Conditions on its website (https://www.817horsesales.com/). Participants continued use of the website, application, and services they provide after revised terms and conditions have been posted signifies Participants’ acceptance of same. No amendment of these Terms and Conditions will be binding on Heartland Equine Auctions unless in writing and signed by a representative of Heartland Equine Auctions or posted to the website. The failure of Heartland Equine Auctions to exercise one or more of its rights under these Terms and Conditions on one or more occasions shall not be deemed a waiver on its part to exercise such right(s) on one or more subsequent occasions. If any provision of these Terms and Conditions is found to be invalid for any reason, the other provisions shall not be affected and shall remain in full force and effect. I have read the foregoing Terms and Conditions and agree to be bound by them in order to be a participant in the sale.
Signature: ___________________________________________ Date:__________________________
