Buyer’s Information ~ Terms & Conditions

By registering to bid for this sale, you agree to all terms & conditions whether you choose to read them or not.

1. NOMINATION & GRADING PROCESS ~ TOP MULES SELL AT SALE

· Mules are nominated January 1-31 then scored using our rubric.

· CONSIGNMENT RUBRIC (click to view)~ the higher the consignor & their mule score, the better their chances are of selling at our sale. Quality over quantity!

· The rubric consists of 8 scoring areas:

1. Consignor Status

2. Loyalty

3. Pedigree

4. Age

5. Ownership

6. Photos

7. Description

8. Conformation

9. Disposition

10. Performance/Riding Ability

· +3 “Superior” is the score to shoot for in each category.

· Our job is to ensure each mule is a good fit for our sale and buyers as well as our sale is a good fit for all mules and consignors alike.

2. Vet Check & Sifting Process @ the Sale

· Sound of limb – visible unsoundness, structural problems or unsoundness, including but not limited to ringbone (not to be construed for a pre-purchase exam).

· Sound in wind (no cribber or wind sucker)

· Arena work – Catch, bridle, saddle, pickup all 4-feet easily, ride off with tight cinch – lope away no problem.

· Minor abrasions, cuts, or sores may be sifted unless it is likely to heal normally without veterinarian treatment and cause no long-term threat.

· Consignor understands that if their mule doesn’t pass all stages of Premier Mule Sales’ sifting process, they will be pulled from the sale and consignment fee is forfeited. If we decide they’re out, they are OUT! Bring your BEST!

· Buyers understand that if they want x-rays of mules, they will have those done ahead of sale day at buyer’s expense.

3. Bidding: Bidders have 4 options to bid: onsite, online, phone, or agent bidding. See our “Register to Bid” page to get registered for our next sale. New Bidders are required to provide a driver’s license, bank contact information, and bank account number so we can verify you are a customer in good standing in order to obtain a bidder number. Please know that all online & phone bidders must be registered by noon the day before the sale. Any online or phone bidders trying to register after this deadline, are not guaranteed to bid. All bidders must be at least 21 years of age. The highest bidder is the buyer. If any dispute arises between or among two or more bidders, sole authority to settle the dispute as he sees fit is reserved by the auctioneer and the decisions shall be final. Seller reserves the right to waive the sale (bids) of his/her mule before it leaves the ring. The auctioneer reserves the right to reject any or all bids. The auctioneer completes sale of a mule at the fall of the gavel. We reserve the right to refuse bidding to anyone.

Online Bidding: is provided by our company MM Auction Services, LLC. Go to MMAuctions.Online and you can find it under current auctions at that link. Click on “How it Works” to get started or call with questions. There will be a 2% online buyers fee applied to all online winning bids. Online bidders have 2 payment choices, credit card or ACH (e-check). We do charge a 3% convenience fee to pay with a credit card or debit card (International 4%). Make sure you plan accordingly and notify your bank of the charges. Any returned e-check charges will be accessed a $500 fee and required to wire the balance same day plus the $500 fee. International bidders have 2 payment options of credit/debit card (4% convenience fee) or wire transfer. New online registered bidders will not be allowed to bid until they email a copy of their driver’s license, bank contact information, and bank account number (all in one email) to info@mmauctionservices.com stating how you plan to bid. Once we have confirmed you are a customer in good standing with your bank, we will send you an “approval to bid” email. Watch for emails in your spam folder.
Phone Bidding & Absentee Bidding: Serious buyers only! There will be a 3% buyer’s premium fee applied to all phone and absentee winning bids. To bid on more than 4 mules, you must first pay $100 per additional head to bid. This payment is non-refundable but will be applied to your final statement if you purchase a mule. In order to bid, you will need to fill out our Phone/Absentee Bidding Form. All registered phone bidders are required to provide us with a payment form prior to bidding. New bidders need to provide us with their bank contact information, bank account number, and copy of driver’s license. Email all information in one single email to info@mmauctionservices.com stating how you plan to bid.

· Agent Bidding: Buyer and agent is required to fill out the Agent’s Authorization Form completed with a notary signature. Both the authorization form and registration form need to be emailed to info@mmauctionservices.com along with a copy of the agent and bidder’s driver’s license. Please send all information in one single email.

4. Payment: Payment in full is required to be made to MM Auction Services immediately after the sale by credit card, cash, check, or e-check. International purchases are payable only by credit/debit card or wire transfer. A 3% convenience fee will be charged if payments are made with a credit or debit card (4% international). By making payment with your card, you acknowledge that you waive the right for a return of mule(s) along with any and all refunds of monies paid, etc. in conjunction with any purchases at this sale/auction from MM Auction Services, LLC. MM Auction Services is a pass-through agency and does not hold funds for guarantees, returns or refunds of monies paid on animals purchased at auction. There is an 8.1% sales tax rate in Utah and will be applied to all winning bids. For Utah residents, you will be required to fill a Resident Exemption Form out and turn it into our office before paying for your purchase. For a nonresident, you will be required to fill a Nonresident Exemption Form out and turn it into our office before paying for your purchase. Only resellers will provide a sales tax license number on the form. All buyers agree to not place any kind of charge back on any payment made towards the purchase of a mule.

5. Private Sales: Absolutely no private sales with consignors either prior to the sale or after the auction. Consignors have given MM Auction Services, LLC Exclusive Rights for selling the consigned mules. All mules brought to the sale must go through the auction ring. Any mules “no sold” in the ring but sold outside are expected to report it to the office. We will leave it up to the integrity of the seller to make sure this happens so the seller will be welcome back to the sale.

6. Consignor’s Guarantee: All mules consigned have passed our vet check & sifting process prior to the sale. All mules are sold guaranteed sound by the consignor that at the time of sale the mule was sound of limb, wind, and eye unless other announcements are made from the auction block. This soundness guarantee is between buyer and seller only and does not include any other persons. All soundness guarantees do not include any time following the sale including transportation. Buyers are encouraged to purchase “drop of hammer” equine insurance to protect their investments. Shall any soundness disputes arise; the buyer must contact the seller and settle the dispute between the two of them. In the event it is determined that the defect was present at the time of sale, the consignor is required to trade the buyer a mule of same value or pay them back purchase price minus auction fees. If the mule is determined not to have the alleged defect, the sale of said mule is valid and enforceable and purchaser assumes all costs of examination, treatment, and sale purchase price. Soundness does not guarantee pass of a check by any vet or trainer following the sale. Buyers are to ride and visit the mule before the sale giving them confidence they need to bid come sale day. If they want additional x-rays, they need to have them completed before the sale at their own expense. The consignor of each animal represents and warrants to the buyer, Premier Mule Sale, MM Auction Services LLC to include but not limited to the following:

· Title of the animal, free from all claims of ownership

· Sound of limb, eyes, and wind

· Not a cribber or wind sucker

· Not cryptorchid

· Be exactly what they represent them to be.

· If said mule is not what the consignor represents it to be, Consignor will be expected to take the mule back and give the buyers a mule that they claimed to have purchased or the consignor can refund the buyers money minus auction fees. A decision will be made based on what is best for both parties. Whether the buyer did their homework or not, will also be taken into consideration.

7. Requirements for Transport:

· Brand Inspection – Required by the State of Utah on all sale mules: A brand inspection (AKA Ownership Papers) is included with mule payment at checkout and must be obtained from the brand inspector once you have paid for your mule(s) $10 fee charge.

· Coggins – Required for transport in and out of Utah: All mules sold are required to provide a negative coggins test current within six months of sale date (provided by consignor).

· Health – Required for transport in & out of Utah: A veterinarian will be on grounds to provide all mules going out of state a current health inspection. Fees will be included with mule payment at checkout. $40 per mule (International Health is additional $200).

8. Transporters: We highly recommend that buyers hire a licensed and insured transporter. Yoder Equine Transporters is our sales exclusive transporter. Call ahead to get a quote 478-387-8582.

9. Equine Insurance: We highly recommend that buyers protect their investments and purchase equine insurance. Giddy Up Equine Insurance offers drop of hammer coverage and is our exclusive equine insurance provider. Call Jamie @ 406-220-0260.

10. Care of & Pick-Up: Buyer assumes full ownership and responsibility of the animal from the time it is sold in the sale ring. It is the new owner’s responsibility and sole risk from the time of purchase for proper feed, care, and maintenance. Buyers will be responsible to pick-up purchased mule(s) immediately following the sale or a $50/night boarding fee will be assessed. Do not take sale numbers off the mules, as they will be needed for checkout.

11. Warranty: There is no implied warranty made by auctioneer or Sale Company as to the merchantability or fitness for a particular purpose of any animal in the sale. The seller is the responsible party for all representations, warranties, and guarantees expressed or implied concerning the condition of any mule and buyers should satisfy themselves concerning the condition before purchasing. Consignors will not refund money because of human/animal personality conflicts. Once again, buyers need to do their homework well in advance of the sale to find the sale animal that best fits them. The buyer and sale attendees further agree to hold the consignor, MM Auction Services LLC, and Premier Mule Sales harmless from all loss, cost and expense arising from illness, injury or death of such animal, or loss or damage to property, and injury or death of persons, caused by themselves, their agents, or employees, or by the animal, subsequent to the time of purchase.

12. Buyers Fees:

· Sales Tax: Utah applies an 8.1% sales tax

· Health Papers : $40 health inspection fee/mule (International Health = $200)

· Brand Inspection: $10 brand inspection fee/mule

· Additional Buyer’s Fees: 2% online buyers fee – 3% phone bidding fee – 3% credit/debit card convenience fee (4% international)

13. Stalls following the sale: All mules can stay in their current stall until noon the day after the sale. They must be checked out no later than noon. Nightly boarding rates do apply $50/night.

14. Loading out: Buyers must have a paid invoice from the office for all load outs. Brand inspector and veterinarian will be on sight sale day for all proper paperwork.

15. Liability: Buyers, sellers, and spectators are cautioned to exercise care while attending the sale and enter premises at their own risk according to the laws of the State of Utah. Neither the owners nor any other persons connected with this sale assume any liability, legal or otherwise, for accidents to persons or property, before, during, or after the sale. Colby & Codi Gines, Premier Mule Sales Committee, MM Auction Services, LLC; its principals, directors, officers, agents, employees and volunteers, and each and every landowner, municipal and/or government agency upon whose property this activity is conducted, shall not be liable for injuries sustained by anyone attending the Premier Mule Sales. MM Auction Services, LLC & its associates act as agents only and are not responsible for buyer/seller error or misunderstanding. All guarantees are strictly between the buyer and seller. MM Auction Services LLC will provide original papers and signed transfers to the buyer within 10 business days once buyers’ payment has processed. In further consideration of purchasing at this sale, I agree to indemnify and defend MM Auction Services, LLC, Colby & Codi Gines, their agents and associates, from all injury, loss of equipment, loss of animal or damages to myself, my newly purchased animals or damages or injury to others lien property from my animals, by purchasing a mule at this sale. The undersigned by executing this instrument delivers said agreement to MM Auction Services, LLC and declares them free of any and all claims. If any claim or dispute is asserted or arises over the sale or consignment of any lot or animal sold at auction, it is agreed that venue for any dispute shall be resolved exclusively in the Courts in the State of Wyoming, and that Wyoming law shall control this transaction or any claims or disputes which arise directly or indirectly out of this transaction in all respects. By purchasing a mule at Premier Mule Sales and/or executing this instrument, I verify that I have read the above information/terms & conditions in full and hereby agree to be bound by them.

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