TERMS & CONDITIONS
The following Terms and Conditions of Sale, as amended by any posted notices or oral announcements by the Sale Agent or Auctioneer prior to or during the auction, constitutes the entire agreement between the bidders and the auction. Palmetto Arabians has the legal right to convey good title to the said Horses and/or unborn foal. Auctioneer/Auction, makes no representation or warranties whatsoever to any bidders or to any successful buyer, and shall have no obligations or liabilities to any bidder or buyer, and without limiting the generality of the foregoing, shall bear no liability to any party as a result of any breaches of representations, warranties or legal duties or responsibilities of Auctioneer/Auction
*Unborn Foal: 120 days confirmed pregnancy which is insurable.
Warranty of Title and Possession:
Palmetto Arabians, LLC warrants that he/she/they has (have) proper documentation to register the Horse or unborn foal and that the Horse or unborn foal will be available to Buyer free of all liens or encumbrances. Palmetto Arabians, LLC makes no other warranties or representations whatsoever which extend beyond the description on the face hereof and specifically does not warrant the fitness, merchantability, suitability or quality of the Horses or resulting foal. All Lots sold currently in foal will be sold with a LIVE FOAL GAURENTEE (Defined as a foal who stands and nurses within 24 hours of birth without assistance.) If the lot sold is pregnant and loss of pregnancy occurs after sale if final, Palmetto Arabians, LLC will allow purchaser to breed the mare back to the stallion the mare was originally in foal with. Purchaser will only be responsible for collection and shipping charges of the rebreed. A certified letter from a licensed Veterinary must be submitted to Palmetto Arabians, LLC stating cause of aborted pregnancy.
Pregnancy Exam: Palmetto Arabians, LLC agrees to have a pregnancy exam performed, at their expense, on the Mare carrying the unborn foal and will provide all documentation for a positive pregnancy to the Auctioneer by October 19, 2019.
Warranty of Pedigree:
Palmetto Arabians, LLC warrants to auction as well as the Buyer for both its own benefit and that of the purchaser of the Horse and/or unborn Foal that the Sire and Dam of the Horse and/or Unborn Foal is true and correct as stated in the catalog
Warranty of Registration:
Palmetto Arabians, LLC understands and agrees that Auction/Auctioneer is not responsible for registration or parentage testing thereof. Palmetto Arabians, LLC further agrees to provide any and all documentation necessary to register the resulting foal as described in sale catalog. Registration of the resulting unborn foal purchased is the responsibility of the purchasing party.
Ability to transfer ownership of the Horses papers shall not pass to the buyer until the Horses have been paid for in full.
Bidders are accorded the opportunity to inspect the lots and to otherwise satisfy themselves as to the nature and sufficiency of each lot prior to bidding, and Palmetto Arabians, LLC urges Bidders to avail themselves accordingly. All Lots offered in the auction will be sold “AS IS”
A LICENSED VETERINARIAN WILL BE AVALIBILE TO CONDUCT ANY RADIOGRAPHS, PRE-PURCHASE EXAMS OR ANY OTHER INSPECTIONS POTENTIAL BUYER DEEMS NECESSARY ON LOTS THEY ARE INTERESTED IN. BUYERS ARE LIABLE FOR ANY EXAMS PREFORMED BY VETERINARIAN AND WILL BE BILLED ACCORDINGLY. EXAMS WILL BE AVAILIBLE FROM NOVEMEBER 8, 2019 AND CONCLUDE AT 2PM NOVEMBER 9, 2019.
Warranty of Title and Delivery:
Palmetto Arabians, LLC agrees upon the close of a successful auction, the title of said Horse’s original registration certificate, properly endorsed to permit transfer of registration to Buyer. Palmetto Arabians, LLC warrants that upon sale of the Horse, Palmetto Arabians, LLC shall deliver possession free of any liens and encumbrances. This will include any resulting foals.
Warranty of Fertility:
Palmetto Arabians, LLC warrants to Auctioneer/Auction, that the mares in foal are reproductively sound and will provide documentation to substantiate this.
No Other Warranty:
Horses and/or unborn foals will be sold “AS IS”. Neither Auctioner/Auction nor any other person is authorized to make representations or warranties about any Horse or unborn foal. No oral or written statement constitutes a warranty, and all such oral or written statements, other than those contained herein, shall not be relied upon by any bidder or buyer, and are not part of any contract of sale.
Title and Delivery:
Documentation to register the Unborn Foals passes to the Buyer at the fall of the hammer, subject to payment of all or such part of the purchase price. All risk of injury to the Horses or Mare carrying said Unborn Foal becomes the buyer’s risk upon the fall of the hammer. The Buyer shall present himself to sign the Buyer’s acknowledgment form immediately upon the fall of the hammer, and will arrange to make full payment within (three) business day after the auction. The right of a successful bidder to purchase, as determined by the auctioneer, is not impaired in the event that an Acknowledgment of Purchase is signed by another bidder.
Every effort has been made to assure the correctness of the catalog, but Auctioneer/Auction are not responsible for errors or omissions. All corrections made to the catalog at the time of the sale from the auctioneer’s podium shall supersede the catalog.
Immediate full mortality insurance coverage is effective upon the fall of the hammer, for the amount of the total purchase price. The insurance, arranged by Palmetto Arabians, LLC with C. Jarvis Insurance Agency of Aurora, Ohio will remain in effect until the purchaser signs the contract or until midnight of the first business day after the sale, whichever occurs first, by which time it is the obligation of the new owner to arrange permanent insurance if desired. You are invited to discuss specific coverage details and your insurance needs with one of C. Jarvis agents at 1-440-248-5330. All coverages are subject to the terms and conditions and exclusions of the actual policy issued.
The highest bidder recognized by the auctioneer shall be the Buyer. Bids tendered after the fall of the hammer are not valid grounds for any dispute. If any dispute arises between two or more bidders, or in the event of doubt on the auctioneer’s part as to the validity of any bid, the auctioneer will have the final discretion either to determine the successful bidder, or to re-offer and resell the Horse in dispute. The auctioneer’s sale record is conclusive and is not subject to challenge. The auctioneer reserves the right to reject any bid.
Identification (Bidder number)-Bidder Registration:
All purchasers are required to have a Bidder’s Number to bid and shall supply Palmetto Arabians, LLC with their full name, address and telephone number. A valid credit card is mandatory to become a Registered Bidder. If an entity places a bid, then the person executing the bid on behalf of the entity agrees to personally guarantee payment for any successful bid.
Bidders Agent (Representative):
If a Bidder is an agent or representative designated to bid for an Absentee Buyer, the agent must be disclosed to Palmetto Arabians via the Registration forms prior to the time of sale. See Palmetto Arabians, LLC website for link to Bidders Agent Registration form.
Buyers Agent (Sales Commission):
In order for a sale commission to be paid to a Buyer’s Agent, the Agent must be disclosed to Palmetto Arabians, LLC via the Bidders Agent Registration form prior to the sale. There will be NO MORE THAN ONE sale commission per paid lot. Agent’s will be paid a commission (5%) by Consignor for representing their client on their purchases if the Agent is registered with the Auction. The Agents and their owners must register or no commissions will be paid.
Bidders wishing to bid by telephone MUST complete a Telephone Bidder form prior to the Auction and MUST RECEIVE a confirmation email and phone call stating that a Palmetto Arabians, LLC representative will contact the Telephone Bidder at the time specified on the confirmation at the phone number provided by the telephone bidder and specified on the confirmation. A Palmetto Arabians, LLC representative will make every attempt to contact the Telephone Bidder at the time and phone number specified on the Confirmation. This however, does not constitute a guarantee that contact will be made. A valid credit card is mandatory to become a Telephone Bidder.
ALL LOTS TO BE SOLD AS IS, WHERE IS. ALL SALES FINAL and without recourse.
It’s understood that at the fall of the hammer, the winning bidder takes all ownership of the Horses and/or unborn foals expenses that occur with the related Horses and/or unborn foals. All expenses are those of the new owner of the Horses and/or unborn foals.
Deliver to Buyer:
No Horse and/or unborn Foal shall be delivered to the Buyer until payment in full has been received in full by Palmetto Arabians, LLC by one of the means set forth below.
The Buyer shall pay for the Horse and/or unborn foal within (THREE) business days of the conclusion of the sale, and shall pay Palmetto Arabians, LLC the total purchase price by one or more of the following means: Cashier’s check or bank wire.
Removal from Palmetto Arabians, LLC:
Horses must be removed from Palmetto Arabians, LLC within 7 business days of the Auction ending. Any horse remaining after that will be charged for care arrangements with Palmetto Arabians, LLC.
If any person shall purchase a lot and fail to pay for it in the manner described above, Palmetto Arabians, LLC shall have, in additional to all other legal rights, the right to resell the lot, or at their option, bring an action for specific performance, in which event the defaulting Buyer agrees to pay all costs of each suit, together with all reasonable attorney’s fees and costs. In the event of a resale, the defaulting Buyer agrees to pay all costs of resale, plus any deficiency between the original total purchase price and the total purchase price upon resale.
Addition or Withdraw of Lot:
Palmetto Arabians, LLC reserves the right to withdraw from sale any of the items listed or to sell at this auction items not listed. Palmetto Arabians, LLC is committed to conducting an ethical, transparent auction. Every effort has been made to provide information and support to make this auction of the highest integrity.
Law and Taxes: – South Carolina
These Terms and Conditions of Sale shall be construed and governed by the laws of the State of South Carolina in effect as of the date of the sale, and any dispute shall be resolved pursuant to the laws of the South Carolina. Jurisdiction and venue shall be in Florence County, SC. Each Buyer agrees to pay any city, county or state sales, transaction, privilege or use tax which may be claimed because of the Buyer’s failure to qualify for an exception. Applicable South Carolina State sales tax rulings and state statutes may apply.
*Auctioneer/Auction are only organizers of the event. The main function of the Auctioneer/Auction is to connect the Sellers with Buyers, fitting any and all legal liabilities in the greetings of the Terms and Conditions of purchases and sales of this auction are solely and entirely on Sellers and Buyers.