SB MITCHEN

NEW LOCATION! We’re bringing the Western Legacy back AGAIN but to a bigger and better location, Resorts World, December, 7-8, 2023 (SALE FRIDAY)! Buyers will prevail at the sale so rest assured to Buy with Confidence!! MM Auction Services, LLC would like to welcome you to our 6th Annual Diamonds in the Desert Premier Horse Sale. We are excited to bring the TOP of the Country’s PREMIER horses and consignors to Las Vegas during the National Finals Rodeo & Cowboy Christmas for you to pick from. Our mission is to instill buyer confidence in our horse sales by bringing together sellers with integrity and high quality horses. Premier Horse Sales presents a professional buying experience showcasing horses of all disciplines and breeds guaranteeing you’ll find your next PREMIER partner. 

SALE TERMS & CONDITIONS
TOP Horses Only Sell at Sale 
1st Sifting Process prior to the Sale
 - Horses are nominated months in advance then scored by our team using our rubric.
 Nomination Rubric (Click to View) - the higher the trainer & their horse score, the better
their chances are of selling at our sale. Quality over quantity!
 12 scoring areas: Trainer Status, Ownership, Loyalty, Pedigree, Age, Photos, Description,
Conformation, Disposition, Body Condition, Bonus Points, & Performance/Riding Ability.
 Our job is to ensure each horse is a good fit for our sale and buyers as well as our sale is
a good fit for all horses and trainers alike.
2nd Sifting Process at the Sale
 Arena work – Catch, saddle, all 4-feet easily picked up, bridle, ride off with tight cinch no
problem and lope away.
 Minor abrasions, cuts, or sores may be sifted unless it is likely to heal normally without
veterinarian treatment and cause no long-term threat. 
 Trainer understands that if their horse doesn’t pass all stages of Premier Horse Sale’s sifting process, they will be pulled from the sale and consignment fee is forfeited.
Sale Exam & X-rays
Trainers are required to provide a sale exam including images. X-rays required consist of AP and Lateral radiographs of the navicular as well as Skyline Navicular views and oblique views of the hocks. Stallions selling as a breeding stallion are required to provide verification of fertility with a semen evaluation.
 Buyers understand that if they want additional images of horses or a sale exam of their own, they will have those done ahead of sale time at buyers’ expense. 
 All horses selling at Premier Horse Sales are required to have a sale soundness exam done by a licensed veterinarian in order to sell.
 Sale exams can be done as early as 6 months before sale day but no sooner and will be posted on our website at least 1 month prior to sale day if not sooner.

 Some trainers will include extra x-rays as well but it’s not required. If buyers want more than the required sale exam & images, they are required to get it done before the sale at their expense. An onsite vet is provided at almost all sales to assist with requests the day before the sale.
 X-rays are viewable on our website as early as 3 months before sale day up to sale day and then the system automatically deletes them when the gavel drops. We do not keep x-rays past sale day.
 The deposit and inspection of X-rays, and access to the repository are subject to our Repository Terms & Conditions listed on our website. All buyers accept the Repository terms and conditions when accepting these terms and bidding at sale.

 Each buyer is encouraged to instruct their registered veterinarian to inspect the X-rays for each Lot and physically inspect each Lot prior to the purchase thereof. As provided in the Standard Conditions of Sale contained in the Sales Catalogue and on our website, each Lot purchased is purchased, at the fall of the hammer, with all defects and deficiencies, latent and patent, subject to the exceptions set out in the said Standard Terms and Conditions of Sale or announced prior to the auction of a Lot. The Buyer acknowledges that it is his sole responsibility to determine the quality, accuracy and completeness of the sale exam and to obtain independent advice with respect thereto from a registered veterinarian.
Bidding
Bidders have 4 options to bid: onsite, online, phone, or agent bidding. See our “Register to Bid” page on our website to get registered for our next sale. All bidders are required to be at least 18 years of age. Online bidders nor any pre-bids will not have precedence over floor bids. All bids are placed to the auctioneer and auctioneer accepts the ones he sees/hears first. Setting max bids online does not guarantee the bidder winning for that amount over a floor bidder. To help avoid this happening, make sure your max is truly your max. 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 horse before it leaves the ring. The auctioneer reserves the right to reject any or all bids. The auctioneer completes sale of a horse at the fall of the gavel. We reserve the right to refuse bidding to anyone. Anyone can/will be asked to leave or banned from bidding if problems arise.  International Bidders: Register onsite, online, or by phone. A letter from your bank is required to be an approved bidder. Email a letter on your bank’s letterhead stating you bank with them and all accounts are in good standing. Email to info@mmauctionservices.com.
 Onsite Bidders: Register at the sale office anytime by bringing your driver’s license and credit card as a form of payment to have on file whether you plan to pay this way or not.
 Online Bidders: Online Bidding is provided by our company, MM Auction Services, LLC. Go to Premieronlinesales.com and you can find it under current auctions at that link. Click on “Buyer Resources” to get started or call with questions. There will be a 1% online buyers fee applied to all online winning bids. You’ll need to create an account with our online platform first. Once we have verified your accounts with your bank, we will send you an “approval to bid” email. Watch for emails in your spam folder.
 Phone Bidders & Absentee Bidders: Serious buyers only! There will be a 2% buyer’s premium fee applied to all phone and absentee winning bids. To bid on more than 4 horses, you are required to 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 horse. In order to bid, you will need to fill out our phone/absentee bidding form to submit with a copy of your driver’s license. Our clerks will contact you for a form of payment to have on file. New bidders need to provide us with their bank contact information, last 4 digits of bank account number, and copy of driver’s license. 

 Agent Bidders: Buyer and agent are required to fill out the Agent’s Authorization Form and include a copy of the agent and bidder’s driver’s license. Our clerks will contact the buyer for a form of payment to have on file.
Payment
Payment in full is required to be made to MM Auction Services immediately following the sale. Onsite bidders can pay by credit card, cash or check. A 3% convenience fee will be charged if payments are made with a credit or debit card. Online and phone bidders have 2 payment choices only, credit card or ACH (e-check). All online and phone bidders will need to patiently wait for our clerks to contact you for payment following the sale. Make sure you plan accordingly and notify your bank of the charges. Be sure to listen carefully when the clerks read your account information back to you. Any returned e-check charges will be accessed a $500 fee and required to wire the balance same day plus the $500 fee. Any credit card payments declined by the buyer’s bank for any reason will be assessed 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 only. All buyers agree to pay $100/day late fee for any reason their invoice is not paid directly following the sale same day. Any buyers that ask to hold checks for any reason, will be charged $100/day fee in order for us to do so. By making payment, you acknowledge that you waive the right for a return of horse(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 DBA Premier Horse Sales. 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. All current county and state sales tax rates will be applied to all winning bids. In order to be tax exempt, appropriate forms will need to be filled out and to our office BEFORE sale day or exemption will not be granted. All buyers agree to not place any kind of charge back on any payment made towards the purchase of any horse.
Buyer’s Guarantee
Buyer’s guarantee to not request x-rays, vet exams, or any images or content from any vet after purchasing a horse. Bidders guarantee to get all exams and images needed from a vet prior to bidding or registering for this sale allowing them to have the confidence prior to the horse selling in order to bid. Bidders guarantee that when they click to bid online or say “yes” by phone bidding, they will pay the fees listed below even if they determine they “didn’t mean” to bid or call it an accident. If you click to bid online, you are entering a legal binding contract. It doesn’t matter whether you bid accidentally or someone else bids for you under your account. Same goes for phone bidding. We call the number you provide and the person on the other end is the bidder and has final say. Bidding and winning but not paying for the horse will result in fees due for loss of income to both the seller and MM Auction Services, LLC.

o 10% of the determined sale price to MM Auction Services for loss of income
o $750 nomination fee to the seller for loss of income
o $1,000 advertising fees to the seller for loss of income
o $10,000 training fees to the seller for loss of income
o $3,500 travel fees to the seller for loss of income
o Plus the final sale price of the horse and all fees

Absolutely no private sales with trainers either prior to the sale or after the auction. Trainers have given MM Auction Services, LLC Exclusive Rights for selling the consigned horses. All horses brought to the sale are required to go through the auction ring. Any horses “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 and we know that buyers only want to purchase from reputable people!
Seller’s Guarantee
 Based upon representations made solely by the horse seller, all horses consigned have passed both our sifting processes prior to the sale. All horses are sold guaranteed sound by the seller only that at the time of sale the horse was sound of limb, wind, and eye unless other announcements are made from the auction block. This soundness guarantee shall be exclusively between buyer and seller only and does not include any other persons.  Buyer understands and agrees that MM Auction Services is not responsible to perform any inspection or to independently confirm or verify the soundness of seller’s horse.  Buyer understands and agrees that MM Auction Services is unaware of the condition of Seller’s horse, and therefore is relying solely upon representations made by seller regarding the condition of the horse and that the horse is sound.  All soundness guarantees do not include any time period following the sale including transportation. Buyers are encouraged to purchase equine insurance directly following the sale to protect their investments. Shall any soundness disputes arise; the buyer is required to contact the seller and settle the dispute. Buyer agrees to indemnify, release and hold harmless MM Auction Services, Colby or Codi Gines, Premier Horse Sales, to and from any claims, liability or damages which may be asserted by buyer of the horse on account of any breach of warranty, breach of promise or alleged misrepresentation. In the event it is determined that the defect was present at the time of sale, the seller is required to trade the buyer a horse of same value. If the horse is determined not to have the alleged defect, the sale of said horse 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 horse before the sale giving them the confidence they need to bid come sale day. If Buyer wants additional x-rays, they need to have them completed before the sale at their own expense. Buyers are required to contact the seller to resolve any situations. A decision needs to be made based on what is best for both parties. Whether the buyer did their homework or not, will also be taken into consideration. The buyer understands and agrees that the seller of each animal (not MM Auction Services nor Premier Horse Sales) represents and warrants to the buyer, Premier Horse Sales, 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

 Not pregnant
 Be exactly what they represent them to be.
Requirements for Transport
 Brand Inspection – Required by the brand law states only on all sale horses: A brand inspection (AKA Ownership Papers) is included with horse payment at checkout and must be obtained from the brand inspector once you have paid for your horse(s), $20 fee charge.
 Coggins – Required for transport into and out of every state. All horses sold are required to provide a coggins test current within six months of sale date (provided by seller).
 Health – Required for transport out every state. A veterinarian will be on grounds to provide all horses going out of state a current health inspection. Fees will be included with horse payment at checkout, $75 per animal (International Health $300). Transporters: We highly recommend that buyers hire a licensed and insured transporter. Big Horse Express is exactly that and our sale’s exclusive transporter. They’ll be at the sale waiting to take care of you and your next partner. Call to get a quote (352)615-5070. Equine Insurance: We highly recommend that buyers protect their investments and purchase equine insurance. Specialty Risk Insurance offers drop of the hammer coverage and free for 5 days. They are our exclusive equine insurance provider. Call Mike Fester for a quote (405)626-7550.
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 horse(s) immediately following the sale or a nightly boarding/care/feed fee will be assessed. If buyers are not able to do so then MM Auction Services will feed, water, and care for the horses until transport arrives. All horses can stay in their current stall until noon the day after the sale. They are required to be checked out no later than noon.
Buyer’s Fees 
Nevada Sales Tax: Buyer understands that Nevada sales tax depends on point of possession. Buyer understands that if they take possession of their new horse in Nevada, all Nevada sales taxes are applicable and enforced. Buyer understands that if they take possession in a different state, applicable sales tax is applied or enforced from that state. By signing and agreeing with these terms, buyer is guaranteeing point of possession to MM Auction Services & Premier Horse Sales. If the state of Nevada determines point of possession to be in Nevada, buyer is obligated to pay all sales tax and late fees accessed by the state and reimburse MM Auction Services of any fees & fines.

 Las Vegas, Nevada - Clark County, Nevada applies an 8.375% Sales Tax depending
on point of possession.
 Fort Worth, Texas - No Sales Tax – 0% Sales Tax on all livestock 
 Ocala, Florida – No Sales Tax - 0% Sales Tax on Horses

 Brand Inspection: $20 brand inspection fee/horse (not all states are brand states). 
 Health Papers: $75 health inspection fee/horse (International $300) 
 Additional Fees: 
 1% Online Buyers Fee
 2% Phone Bidding Fee 
 3% credit/debit card convenience fee (4% International) 

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 buyer agrees that it is relying upon any warranties or representations made prior to or during the sale to be made only by and on behalf of the seller or their representatives. Buyer agrees that MM Auction Services LLC and Premier Horse Sales are serving merely as agents selling said horse(s) for the seller as the principle. The seller/trainer is the sole responsible party for all representations, warranties, and guarantees expressed or implied concerning the condition of any horse and buyers should satisfy themselves concerning the condition before purchasing. Trainers will not replace animal 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 seller, MM Auction Services LLC, and Premier Horse Sales harmless from all loss, cost and expense rising 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.
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 in which the sale is held (Florida, Nevada, Texas, or Wyoming). 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 Horse Sales, 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 Horse Sales. MM Auction Services, LLC & its associates act as agents only and are not responsible for buyer/seller error or misunderstanding. All guarantees are for the benefit and reliance by buyers and are strictly between the buyer and the seller of the horse. All animals are sold “As Is”. In further consideration of this sale, I agree to indemnify and defend Premier Horse Sales, 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 animals or damages or injury to others lien property from my animals, by entering this horse sale whether by negligence, breach of warranty, or any misrepresentation which is alleged to have been made about the soundness of any animal sold at the sale . The undersigned by executing this instrument delivers said agreement to MM Auction Services, LLC and Colby and Codi Gines and declares them free of any and all claims. If any claim or dispute is asserted or arises out of or 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 horse at Premier Horse 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.

All horses are required to be removed from the premises by Sunday, December 10th, at 5pm Pacific Time.