NAERIC Horse Sales

Legal

TERMS AND CONDITIONS OF USE FOR ALL SALE TRANSACTIONS

1. Please read the terms and conditions of use carefully before using/accessing this website. By using this website, you signify your assent to these terms and conditions of use.

2. All bidders must register. The auction will only accept bids from registered bidders.

3. The auction sale is “an auction with reserve”, that is, the Seller shall establish a reserve bid on their horse, a price under which the horse will not be sold.

4. Non-Canadian buyers’ funds will be converted from CA dollars to currency of the buyer’s country for the exchange rate on the day the sale is final on the site. GST taxes are not applicable to non-Canadian Buyers. GST will be charged on horses sold to Canadian residents, according to Canadian Law.

5. Bidders and/or prospective Buyers are advised to thoroughly read and examine all information provided on any horse you are interested in bidding on. If you have questions, please contact the Seller.

6. The cost of transportation is NOT included in the price. All transportation fees are to be paid by the buyer unless other arrangements have been made between the buyer and seller.

7. For overseas Buyers, delivery will be provided to Calgary, Alberta quarantine centre. For transportation to other destinations, please refer to our transportation page or contact the Seller.

8. At Buyer’s guidance and expense, all horses sold will have a valid Veterinary Health Certificate and negative Coggins Test for Equine Infectious Anemia prepared for export of horses out of Canada.

9. The auction is complete at the published date and time of closing. All sales are final and there will be no recourse of any kind following the sale.

10. Horses are offered for sale according to the laws of the province of Manitoba for Manitoba Sellers or the laws of the province of Saskatchewan for Saskatchewan Sellers. The highest bidder be the Buyer. Immediately after the horse is designated as sold, the bidder becomes recognized as the Buyer and will be presented with a Bill of Sale. The Buyer must immediately and legibly complete the required information and then sign the agreement.
11. BUYERS ASSUME ALL RISK, TITLE, RESPONSIBILITY AND EXPENSES ON HORSES AFTER THE SALE HAS BEEN COMPLETED. All responsibility, care, maintenance, and expense of the auctioned horse become the responsibility of the buyer once the sale is finalized and the purchase price has been paid. This will be binding in the case of injury, illness or death of any horse after it has been sold. Buyer understands and agrees that all veterinary fees become the responsibility of the Buyer once the sale has been complete. Weanlings cannot leave the ranch until September 1. Arrangements for foal care maintenance should be made between Buyer and Seller from point of sale until September 1.
12. Insurance is the responsibility of the new owner effective on all horses upon the close of auction. Seller recommends that the Buyer obtain Full Mortality Insurance on horses immediately after purchase, however, this decision and risk rest solely with the Buyer.

13. Horses will be maintained at the Seller’s ranch for [7] days free of routine maintenance costs (care associated with the routine feeding and watering), beginning on the date the sale transaction occurred. At that time, all horses must be removed from the Seller’s premises or a board fee of [$5] (USD) per day will accrue to the Buyer unless otherwise agreed to in writing by both Buyer and Seller. Failure to remove the horse for any reason will obligate the Buyer to pay all costs associated with board, transportation and security of the horse.

14. Each foal will be positively identified through the use of a microchip.

15. Terms of sale are cash, certified check, or PayPal unless other arrangements have been made with the Seller. Payment in full must be made immediately after the sale is over. Buyer agrees not to stop payment on any check to Seller for any reason. A charge of $50.00 will be made on any check that is returned.

16. If any person shall purchase a horse and not pay for it as prescribed above, the Seller shall have the right to resell the horse or at their option, bring legal action in which event Buyer agrees to pay all costs of such suit together with reasonable attorney fees as fixed by the court. In the event of resale, the defaulting Buyer agrees to pay all costs of resale and price deficiency, if any. Interest of 1-1/2% per month will be charged on the unpaid balance of any account not paid for as set forth in these conditions.

17. For registered horses, all registration papers will be withheld by the Seller until settlement of all monies owed to Seller is finalized, at which time all documents will be processed for a transfer to Buyer. Quarter Horse transfers can only be completed with a current AQHA membership. NOTE: If any Buyer desires to obtain papers immediately, the horse or horses and related expenses must be paid for with cash, cashiers or certified check.

18. Registration papers will be held until settlement of the sale if finalized, at which time all documents will be processed for transfer to the buyer. The Buyer will be responsible for all transfer fees.

19. All weanlings sold will be enrolled in the NAERIC Advantage Program™.
Every effort has been made to assure correctness of the information appearing on the website, but Seller is not responsible for errors or omissions and assumes no liability on the part of the Seller as to any statements, either verbal or written regarding horses sold.

20. Bidding procedure – minimum advance in bidding are $50 to $2,000, $100 thereafter. A reserve price may be set for some horses offered. If that reserve price is not met, the horse will not be sold.

21. Broodmares will be guaranteed only to have been bred to stallions as indicated. Any Buyer of a broodmare sold on this site may have the mare examined by an acceptable veterinarian within 24 hours after the completion of the transaction and before the horse leaves the Seller’s premises. Any broodmare so examined whose pregnancy or breeding soundness status is found not to be as represented at the time of the sale, may be returned to the Seller as unsold, and the Seller shall pay veterinarian’s fee for examination. Otherwise, no guarantee is made of pregnancy status or eventually foaling unless made specifically by Seller. No return privileges or live foal guarantees accompany mares unless started by Seller with proof in writing of such agreement issued by stallion owner.

22. None of the sale management or any of its respective directors, employees or other representatives will be liable for damages arising out of or in connection with use of the website, or any hyperlinked website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

23. The sale management reserves the right, at their discretion, to change, modify, add or remove portions of these terms and conditions periodically for changes. Your continued use of this site following the posting of changes to these terms will mean you accept those changes.

24. The North American Equine Ranching Information Council, Inc. (NAERIC) does not act for or represent the Buyer or Seller, but merely providers a medium for bringing together the Buyer and Seller for the purpose of sales transactions. NAERIC assumes no responsibility whatsoever to anyone for blemishes, defects, the physical condition or health of any horse and makes no warranties or representations of any kind in the sale. NAERIC does not, and will not, act as a mediator/arbitrator and will not involve itself in the contractual arrangements between Buyer and Seller.

25. THE BUYER SPECFICALLY WAIVES ALL IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY. ALL RESPONSIBILITY LIES BETWEEN THE SELLER AND THE BUYER.

26. These terms and conditions of sale shall constitute a contract between Buyer and Seller and shall be equally binding among all parties.

27. As a prospective Buyer, I recognize the quality, value and serviceability of the horses appearing on this web site and that I am purchasing these horses for private use, breeding or resale purposes.