Hurley

Terms and Conditions

1.  Select Consignors=Select Horses “This is the Place for Good Horses” 

·       Horses consigned by July 15th with pre-purchase exams in place before consigned to sale.  Save the buyer, consignor and the sale the stress of knowing if a horse is sound.  BUY with Confidence!

·       We’ve selected consignors we know and trust to bring top notch horses to the sale.  We want consignors who represent and stand behind what they offer.  

·       Buyers should be honest and selective of what horse will fit their needs and riding abilities.  The Consignors will do their best to represent the horses the best they can. 

2.  Sifting Process @ the Sale

·       Pre-purchase exams and X rays before the consignment of horse

·       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 horse doesn’t pass, they will be pulled from the sale and consignment fee is forfeited. If there are behavior issues noticed at sale or soundness issues horses will be pulled from the sale.  

·       Consignors are required to bring a pre-purchase exam. Pre-purchase exam we require consists of AP and Lateral radiographs of the navicular as well as an eye exam. Buyers understand that if they want additional x-rays of horses or a pre-purchase exam of their own, they will have those done ahead of sale time at buyers’ expense.

·       All sale horses will be required to do the Trail Course and Open Preview

3.  Bidding: Bidders have 4 options to bid: onsite, online, phone, or agent bidding. See our “Register to Bid” page to get registered for the 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 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.

·       Online Bidding: is provided by MM Auction Services, LLC.  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. 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 horse, 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 horse. In order to bid, you will need to fill out our 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. 

·       Agent Bidding: Buyer is required to fill out the Agent’s Authorization Form completed with a copy of driver’s license attached. All onsite auction terms apply to agent bidding.

4.  Payment: Payment in full is required to be made to MM Auction Services immediately after the sale by credit card, cash or check. International purchases are payable 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 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. 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 buyers agree to not place any kind of charge back on any payment made towards the purchase of any horse.

5.  Private Sales: Absolutely no private sales with consignors either prior to the sale or after the auction. Consignors have given Fall Round Up Horse Sale and MM Auction Services, LLC Exclusive Rights for selling the consigned horses. All horses brought to the sale must 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 so the seller will be welcome back to the sale.

6.  Consignor’s Guarantee: Based upon representations made solely by the horse consignor, all horses consigned have passed our sifting process prior to the sale. All horses are sold guaranteed sound by the consignor 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 Fall Round Up Horse Sale or MM Auction Services is not responsible to perform any inspection or to independently confirm or verify the soundness of Consignor’s horse.  Buyer understands and agrees that Fall Round Up Horse Sale and MM Auction Services is unaware of the condition of Consignor’s horse, and therefore is relying solely upon representations made by Consignor 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 to protect their investments. Shall any soundness disputes arise; the buyer must contact the seller and settle the dispute between the two of them and Buyer agrees to indemnify, release and hold harmless Fall Round Up Horse Horse Sale, MM Auction Services, Joe Loveridge, Colby or Codi Gines, 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 consignor 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 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 buyer understands and agrees that the consignor of each animal (not Fall Round Up Horse Sale nor MM Auction Services) represents and warrants to the buyer, Fall Round Up Horse 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

·       Not pregnant

·       Be exactly what they represent them to be.

·       If said horse is not what the consignor represents it to be, Consignor will take the horse back and give the buyers a horse that they claimed to have purchased. 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.

7.  Requirements for Transport:

·       Brand Inspection – Required by state of Utah 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 Utah: All horses sold are required to provide a coggins test current within six months of sale date (provided by consignor).

·       Health – Required for transport out of Nevada: 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. $50 per animal (International Health is additional $300)

8.  Transporters: We highly recommend that buyers hire a licensed and insured transporter. Yoder Equine Transporter 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.Justin Sharpe offers drop of the hammer coverage and is our exclusive equine insurance provider. All horses are covered from the time of sale for up to 24 hours. In order for this coverage to be effective, buyers are required to activate a policy within the first 24 hours. Call Justin @ 435-671-2074

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 horse(s) immediately following the sale or a $50/night boarding fee will be assessed at the Event Center.  IF horses need to be boarded longer- proof of insurance will need to be provided and the fee for off sight boarding is $75 per day. Do not take sale numbers off the horses, 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 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 consignor. Buyer agrees that MM Auction Services LLC and Fall Round Up Horse Sale are serving merely as agents selling said horse(s) for the consignor as the principle. The seller/consignor 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. Consignors 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 consignor, MM Auction Services LLC, and Fall Round Up Sale 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.

12.  Buyers Fees:

·       Brand Inspection: $20 brand inspection fee/horse.

·       Health Papers (transport across State lines): $50 health inspection fee/horse (International Health requires additional $300)

·       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 horses 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 at $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 Nevada. 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. Joe Loveridge, Colby & Codi Gines, Fall Round Up Horse Sale, 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 Fall Round Up Horse Sale, 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 Fall Round Up Horse Sale, 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 Utah, and that Utah 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 Fall Round Up 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.

Stalls following the sale: All horses 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 at $50/night.

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.