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Terms and Conditions of Sale and Auction<br>
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<br>
1. APPLICABLE LAW - All horses in this sale are offered “as is” according to the laws of the State of Wisconsin. <br>
There are no warranties or guarantees express or implied by Hines Auction Service, Inc. hereafter referred to as Sales Management, owners or Consignors as to the merchantability or fitness for any particular purposes of any animal offered in this sale. All sales are final.<br>
<br>
2. VIEWING AND INSPECTION - A viewing preview of all horses in the sale will be held in the arena on September 19 at 2:30 p.m. followed by a reception. In addition horses are available for public inspection by prior arrangement starting September 15, 2014 through September 17, 2014 between the hours of 9:00 a.m. to 12:00 p.m. and 2:00 p.m. to 4:00 p.m. daily. Riding horses will be presented under saddle during the preview on September 19. All other horses will be presented either in hand or at liberty. During the auction, the horses may be presented in whatever format the Sales Management decides.<br>
<br>
3. TEST RIDES - Persons wishing to ride or inspect a riding horse must first register at the sales office located on the grounds and be accompanied by a sales representative. Please schedule any desired test rides with Silvia Geyer via email [email protected], or cellphone: 920-342-7739. Test ride time will be limited and the riding time determined by the sales representative so as not to exhaust a horse for a following test rider. All test rides are at the rider’s own risk. The sales representative reserves the right to order immediate dismounting of any rider deemed abusive to the horse or of insufficient skill. A liability release form must be signed prior to the test ride and if riding, proper footwear and a hard hat must be worn. There are no exceptions to this rule.<br>
<br>
4. ANNOUNCEMENTS - Every effort has been made to ensure the correctness of the catalog. However, Sales Management and the auctioneer assume no responsibility for errors or omissions. Any known corrections will be announced from the auctioneer stand. Changes to the procedures for this auction are at the discretion of the Sales’<br>
Management and will be announced as occasion arises. Announced changes in the catalog on sale day take precedence over printed material. <br>
<br>
5. BIDDING PROCEDURE – The highest bidder will be the successful bidder and the buyer. Successful bidder shall forthwith sign an Acknowledgment of Purchase; should Acknowledgment of Purchase not be presented to the buyer for the signature prior to commencement of bidding on the next lot offered, buyer shall forthwith identify themselves to auctioneer as purchaser and sign the Acknowledgment of Purchase when presented. Right of purchase of successful bidder is not impaired in case of signing of Acknowledgment of Purchase by another, provided that such bidder acts in accordance with these terms and conditions of sale. Any agent must provide the sale’s Sales Management a letter of authorization to purchase signed by his client(s). The auctioneer will decline any bids made by parties who have defaulted on former purchases or persons who in his/her sole judgment are not responsible bidders, and the auctioneer’s decision shall be final. Seller, Sellers or Seller’s agent(s) reserves the right to bid. The right to no-sale any horse is reserved for all sales before they leave the auction ring.<br>
<br>
6. MINIMUM BID OFFERS – Offering bids will only be accepted, if their increase in comparison to the previous offer meets at least:<br>
<br>
Up to a price of $5,000 Minimum $100<br>
At a price between $5,000 and $10,000 Minimum $250<br>
At a price between $10,000 and $25,000 Minimum $500<br>
At a price over $25,000 Minimum $1,000<br>
<br>
7. BIDDER REGISTRATION – There is NO CHARGE to register as a bidder. Every interested bidder is requested to obtain a bidder number upon arrival. Many buyers wish to be discrete and prefer bidder numbers. Each prospective bidder will be issued a bidder number upon proof of identification. Identification can consist of a valid drivers’ license, or a passport and a major credit card. Any successful bidder buying a horse without a bidder number will immediately be issued a bidder number upon signing the Acknowledgement of Purchase document.<br>
<br>
8. ABSENTEE BIDS and TELEPHONE BIDS - Absentee bids will be accepted but must have payment method approved prior to the sale as well as absolute identification of individual or entity. Absentee bidders must submit a form to Sales Management no later than 5:00pm on Friday, September 19, 2014 CDT. Absentee bids will contain a) an opening bid and b) a maximum bid. Auctioneer will represent all absentee bidders and will only advance absentee opening bid if a counter bid is made by another bidder. Telephone bids will be accepted, but payment method must be approved prior to the sale with confirmation of absolute identification of an individual or entity. Potential buyers who are interested in purchasing a horse but cannot be in attendance in person may contact Sales Management no later than 5:00pm on Friday, September 19, 2014 CDT and provide identification and then indicate the horse they are interested in bidding on during the auction. When the horse enters the auction ring, the potential bidder will be telephoned by Sales Management and the telephoned party may place live bids via the telephone. Forms are available in the printed catalog and online at www.HinesAuctionService.com<br>
<br>
9. INTERNET BIDDING - Internet bidding will be made available for the horses offered for sale in this auction. All bidders wanting to bid on-line must register on the Sales Management’s website. Internet bidders will be subject to all terms and conditions listed here and will also be subject to additional terms and conditions. To register online, go to www.HinesAuctionService.com. Please note these assets are sold one time with non-retractable bids. When you bid on any item, you are entering into a binding contract. All property is sold “AS IS”, and ALL SALES ARE FINAL. Property is open to thorough public inspection. It is the Bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor. Hines Auction Service, Inc may attempt to describe the merchandise in advertising & on the internet but makes no representations. In no event shall Hines Auction Service, Inc be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value. Bidders who bid from off site and are not present at the preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the Bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor. Hines Auction Service, Inc will not be responsible for any errors or omissions in the description of the merchandise. Bidder agrees that everything is sold as is and that they may not return any item they purchase. Hines Auction Service, Inc is providing internet bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the ending day of the auction. Under no circumstances shall Bidder have any kind of claim against Hines Auction Service, Inc or anyone else if the internet service fails to work correctly before or during the ending of the auction. Hines Auction Service, Inc will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the internet bidding feature and leave their maximum bid 24 hours before the auction ends. Hines Auction Service, Inc reserves the right to withdraw or re-catalog items in this auction. Auction company employees, sellers and/or Auction Company may bid on auction items. When you bid your max, the current bid price does not automatically go to your max bid. Someone else has to bid to increase the current price and the computer will automatically bid up to your max in the increments specified. Information gathered is for the sole purpose & use of Hines Auction service, inc. Hines Auction gathers all emails & adds them to an email listing available only to Hines Auction Service, Inc. You have the right to unsubscribe at any time.<br>
<br>
10. BIDDING DISPUTES - Should any dispute arise between or among any two bidders, the auctioneer shall<br>
forthwith adjudicate the dispute and his decision shall be absolute, final and binding upon all parties. Bids received after<br>
the fall of the hammer are not valid nor are they grounds for dispute. Bids acknowledged by bid spotters are recognized as if tendered to auctioneer, but in case of dispute, the bidding on the horse shall be reopened forthwith for advanced bids, and if there be no advance, the horse is sold to the person from whom the auctioneer recognized the last bid. In case of dispute, advanced bidding shall be restricted to the contending parties, but should the recognized bid be reduced below the bid at commencement of the dispute, then bidding shall be reopened to all bidders.<br>
<br>
11. TITLE, RISK, and DELIVERY - The purchaser at the fall of the hammer assumes all risk and responsibility for the horse. However, such purchase through the highest bid and corresponding assumption of risk and responsibility shall not constitute delivery of the animal, nor shall title pass until payment is received by the Sales Management cashier. Purchaser must make payment in cash, personal check or cashiers check within one hour of the conclusion of the sale, at which time delivery will be made in the form of a stable release for the horse, and title shall pass to the purchaser provided that the purchaser has made full payment for the horse as provided in these Terms and Conditions. Sales Management recommends that purchasers arrange immediate insurance protection for their animal. Horses paid for by cash, personal check or cashiers check may be removed from the grounds immediately after payment. Purchasers of horses that remain on the sale grounds will be charged a board fee of thirty dollars ($30) per day per horse, up to and including the day of release. All horses, except foals weaned immediately after the auction, must be removed from the sale grounds within four (4) days from the date of the sale unless private arrangements are made with KD Trakehners LLC. Weaned foals may be kept at KD Trakehner for up to 10 days at no cost to the buyer. After 10 days, foals remaining on the farm will be charged a board fee of thirty dollars ($30) per day per horse. Sales Management will hold all horses left on the sale grounds, until any and all charges are paid in full. During the stay of the horses neither the authorized Consignor, its employees, officers, or agents; the sale’s Sales Management, or its auctioneers, officers, employees, agents, grooms, and representatives shall be liable for any accidents, theft, disease, or sickness, death or injury, or damage to or by any horse howsoever caused. The grooms shall continue to look after horses until loaded and may assist with the loading without any contractual relationship being entered into between purchaser and Sales Management, its auctioneers, officers, employees, agents, grooms, and representatives and/or authorized Consignor, its officers, employees, agents, grooms, and representatives.<br>
<br>
12. SALES TAX – All sales are subject to additional state and local taxes of a total of 5.5% paid by the buyer in addition to the purchase price of each horse. Any horse offered for sale that is physically located in another state and will be picked up in a state that is not Wisconsin, will be exempt from Wisconsin sales tax.<br>
<br>
13. TERMS OF PAYMENT – The terms of the sale are cash in the form of US currency, personal check, cashier’s check, wire transfer or credit card. All credit card transactions are subject to a 4% buyer’s fee. Full payment includes, but is not limited to, purchase price, any applicable sales tax, veterinary fees, stabling fees, buyers fees and transportation. Personal checks require valid proof of identification such as a driver’s license or valid passport. Make all checks payable to Hines Auction Service Inc. Purchasers shall make payment within one hour of the close of the sale for the full purchase price. Title to the horses purchased with a personal check shall not pass to the purchaser until funds have cleared the bank. Registration certificates will also be held until funds from a personal check clear the bank. Purchaser may not stop payment on a check given in payment for a horse or its board for any reason. Sales Management reserves the right to ask for immediate payment for any purchase made at this auction. Any purchaser who fails who fails to make immediate payment when requested shall forfeit all rights to acquire ownership to that particular purchase and further shall relinquish all rights to further bidding at this auction. Any horse that is not paid or when requested by the auctioneer shall be reentered into the auction for sale. In addition, the purchaser who failed to make payment will become responsible for any expenses incurred from reoffering the horse for sale.<br>
<br>
14. DEFAULT - Any buyer who fails to pay for, stops payment on, or refuses delivery on a purchase for any reason whatsoever will be declared in default. Sales Management reserves the right to sell that purchase on the buyer’s account without prior notice and reserves the right to litigate with the buyer for any deficit, to include, but not limited to purchase price, commissions, vet bills, farrier bills, and any and all legal expenses involved.<br>
<br>
15. LIMITED WARRANTIES - Unless expressly stated, all entries are sold “caveat emptor.” (i.e. buyer beware) and are sold on an “as is, where is” basis. ALL SALES ARE FINAL. There is no implied or express warranty on any horse. Buyers are cautioned to examine horses before bidding. There are no guarantees regarding broodmares in foal, pregnancy status, or eventual foaling, no return privileges or live foal guarantees are given or implied. There are no guarantees implied by Sales Management or Consignor as to the merchantability or fitness for any particular purpose of any animal offered in this sale.<br>
<br>
16. VETERINARY EXAMINATIONS - Each horse in the sale has tested negative for Equine Infectious Anemia (Coggins test negative) and a copy is available for transportation. Each horse has a valid “Health Certificate” issued by a licensed veterinarian declaring them free of any known infectious disease. Each horse has current vaccinations for Eastern and Western Encephalitis, Tetanus, Flu and Rhinonumonitis. A physical veterinary examination for overall health has been performed by a licensed veterinarian within 30 days of the sale. Broodmares will be examined for pregnancy by a licensed veterinarian by palpation or ultrasound within 30 days of the sale and the result will be noted in her examination report. The physical examination report is available on each horse noting any significant abnormalities or professional observations in the opinion of the examining veterinarian. Buyers wishing to have their own veterinarian examine a sale horse in addition to available reports may do so, however permission must be granted in advance by the owner of the sale horse. The cost of additional veterinary examinations rests solely with the prospective buyer. Riding horses will have essential X-rays (radiographs) that will be reviewed by a licensed veterinarian for any significant abnormalities. A summary report is available on each horse’s X-rays noting any significant abnormalities in the opinion of the examining veterinarian. All veterinary reports may be reviewed in person by prospective bidders in attendance at the auction (and /or their veterinarian), but the reports must remain in the Repository Office for other potential buyers. Prospective buyers wishing to take additional X-rays are welcome to do so, but at their sole expense and only with the owner’s permission. Prospective buyers not in attendance, who wish to have their own veterinarian review the X-rays, health records or veterinary reports, agree the confidential exchange is only to be made between the KD veterinarian and the prospective buyer’s veterinarian and will not to be distributed outside these professional individuals, All veterinary reports and records are confidential and prospective buyers agree not to share or distribute any veterinary information obtained in this process to others in any manner.<br>
<br>
17. LIABILITY –, Kevin O’Meara, KD Trakehners LLC, and Hines Auction Service Inc., its auctioneers, officers, employees, agents and representatives assume no responsibility whatsoever to anyone for identification, title, blemishes, defects, the physical condition, or health of any horse, or vice of any horse and make no warranty or representation of any kind in this sale unless expressly stated.<br>
<br>
18. LITIGATION - If legal proceedings are instituted by any party, whether buyer or Consignor, in which Kevin O’Meara, KD Trakehners LLC, Hines Auction Service Inc., its auctioneers, officers, employees, agents, representatives, are named as parties, then and in that event the party initiating such legal action shall be responsible for all legal fees incurred by Kevin O’Meara, KD Trakehners LLC, Hines Auction Service Inc., its auctioneers, officers, employees, agents, representatives, incident to and in connection with said proceedings. It is further agreed that all disputes will be settled by arbitration in lieu of litigation in the state of Wisconsin and no other jurisdiction.<br>
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19. PUBLIC LIABILITY - Neither the Consignors, Kevin O’Meara, KD Trakehners LLC, nor Hines Auction Service Inc., its auctioneers, officers, employees, agents or representatives, assume any responsibility for theft, fire, or other damages, or any injury, death or damage to person or animal of any kind howsoever caused. Ride and examine horses at your own risk. The public is cautioned to be extremely careful while on the grounds, examining horses, and particularly while horses are being ridden. Do not enter stalls under any conditions. During the exhibitions and the sale absolutely no purchaser or spectator is to be in the barns or the aisle ways under any circumstances. Absolutely no smoking in permitted in any barns or the arena. Kevin O’Meara and Hines Auction Service Inc. reserves the right to take whatever action is required to protect the health and welfare of any horse at the expense of owner in an emergency.<br>
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20. BAD CHECKS - If Hines Auction Service, Inc receives a returned check; the buyer agrees to pay a $30 returned check fee. Buyer will either agree to pay via certified funds for the entirety of the returned check plus $30 or return the merchandise. If buyer returns the merchandise, they will be responsible for paying commissions for selling the merchandise, paying the difference in the amount owed after it sells & any other expenses incurred from the resale of the items.<br>
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- Important Notice –<br>
- <br>
Entry to the grounds, riding and examination of horses is entirely at your own risk and is by invitation. Kevin O’Meara, KD Trakehners LLC, Hines Auction Service Inc. reserve the right to refuse entry to any individual and may have any person or any party removed from the premises when they deem appropriate.
<br>
<br>
1. APPLICABLE LAW - All horses in this sale are offered “as is” according to the laws of the State of Wisconsin. <br>
There are no warranties or guarantees express or implied by Hines Auction Service, Inc. hereafter referred to as Sales Management, owners or Consignors as to the merchantability or fitness for any particular purposes of any animal offered in this sale. All sales are final.<br>
<br>
2. VIEWING AND INSPECTION - A viewing preview of all horses in the sale will be held in the arena on September 19 at 2:30 p.m. followed by a reception. In addition horses are available for public inspection by prior arrangement starting September 15, 2014 through September 17, 2014 between the hours of 9:00 a.m. to 12:00 p.m. and 2:00 p.m. to 4:00 p.m. daily. Riding horses will be presented under saddle during the preview on September 19. All other horses will be presented either in hand or at liberty. During the auction, the horses may be presented in whatever format the Sales Management decides.<br>
<br>
3. TEST RIDES - Persons wishing to ride or inspect a riding horse must first register at the sales office located on the grounds and be accompanied by a sales representative. Please schedule any desired test rides with Silvia Geyer via email [email protected], or cellphone: 920-342-7739. Test ride time will be limited and the riding time determined by the sales representative so as not to exhaust a horse for a following test rider. All test rides are at the rider’s own risk. The sales representative reserves the right to order immediate dismounting of any rider deemed abusive to the horse or of insufficient skill. A liability release form must be signed prior to the test ride and if riding, proper footwear and a hard hat must be worn. There are no exceptions to this rule.<br>
<br>
4. ANNOUNCEMENTS - Every effort has been made to ensure the correctness of the catalog. However, Sales Management and the auctioneer assume no responsibility for errors or omissions. Any known corrections will be announced from the auctioneer stand. Changes to the procedures for this auction are at the discretion of the Sales’<br>
Management and will be announced as occasion arises. Announced changes in the catalog on sale day take precedence over printed material. <br>
<br>
5. BIDDING PROCEDURE – The highest bidder will be the successful bidder and the buyer. Successful bidder shall forthwith sign an Acknowledgment of Purchase; should Acknowledgment of Purchase not be presented to the buyer for the signature prior to commencement of bidding on the next lot offered, buyer shall forthwith identify themselves to auctioneer as purchaser and sign the Acknowledgment of Purchase when presented. Right of purchase of successful bidder is not impaired in case of signing of Acknowledgment of Purchase by another, provided that such bidder acts in accordance with these terms and conditions of sale. Any agent must provide the sale’s Sales Management a letter of authorization to purchase signed by his client(s). The auctioneer will decline any bids made by parties who have defaulted on former purchases or persons who in his/her sole judgment are not responsible bidders, and the auctioneer’s decision shall be final. Seller, Sellers or Seller’s agent(s) reserves the right to bid. The right to no-sale any horse is reserved for all sales before they leave the auction ring.<br>
<br>
6. MINIMUM BID OFFERS – Offering bids will only be accepted, if their increase in comparison to the previous offer meets at least:<br>
<br>
Up to a price of $5,000 Minimum $100<br>
At a price between $5,000 and $10,000 Minimum $250<br>
At a price between $10,000 and $25,000 Minimum $500<br>
At a price over $25,000 Minimum $1,000<br>
<br>
7. BIDDER REGISTRATION – There is NO CHARGE to register as a bidder. Every interested bidder is requested to obtain a bidder number upon arrival. Many buyers wish to be discrete and prefer bidder numbers. Each prospective bidder will be issued a bidder number upon proof of identification. Identification can consist of a valid drivers’ license, or a passport and a major credit card. Any successful bidder buying a horse without a bidder number will immediately be issued a bidder number upon signing the Acknowledgement of Purchase document.<br>
<br>
8. ABSENTEE BIDS and TELEPHONE BIDS - Absentee bids will be accepted but must have payment method approved prior to the sale as well as absolute identification of individual or entity. Absentee bidders must submit a form to Sales Management no later than 5:00pm on Friday, September 19, 2014 CDT. Absentee bids will contain a) an opening bid and b) a maximum bid. Auctioneer will represent all absentee bidders and will only advance absentee opening bid if a counter bid is made by another bidder. Telephone bids will be accepted, but payment method must be approved prior to the sale with confirmation of absolute identification of an individual or entity. Potential buyers who are interested in purchasing a horse but cannot be in attendance in person may contact Sales Management no later than 5:00pm on Friday, September 19, 2014 CDT and provide identification and then indicate the horse they are interested in bidding on during the auction. When the horse enters the auction ring, the potential bidder will be telephoned by Sales Management and the telephoned party may place live bids via the telephone. Forms are available in the printed catalog and online at www.HinesAuctionService.com<br>
<br>
9. INTERNET BIDDING - Internet bidding will be made available for the horses offered for sale in this auction. All bidders wanting to bid on-line must register on the Sales Management’s website. Internet bidders will be subject to all terms and conditions listed here and will also be subject to additional terms and conditions. To register online, go to www.HinesAuctionService.com. Please note these assets are sold one time with non-retractable bids. When you bid on any item, you are entering into a binding contract. All property is sold “AS IS”, and ALL SALES ARE FINAL. Property is open to thorough public inspection. It is the Bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor. Hines Auction Service, Inc may attempt to describe the merchandise in advertising & on the internet but makes no representations. In no event shall Hines Auction Service, Inc be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value. Bidders who bid from off site and are not present at the preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the Bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor. Hines Auction Service, Inc will not be responsible for any errors or omissions in the description of the merchandise. Bidder agrees that everything is sold as is and that they may not return any item they purchase. Hines Auction Service, Inc is providing internet bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the ending day of the auction. Under no circumstances shall Bidder have any kind of claim against Hines Auction Service, Inc or anyone else if the internet service fails to work correctly before or during the ending of the auction. Hines Auction Service, Inc will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the internet bidding feature and leave their maximum bid 24 hours before the auction ends. Hines Auction Service, Inc reserves the right to withdraw or re-catalog items in this auction. Auction company employees, sellers and/or Auction Company may bid on auction items. When you bid your max, the current bid price does not automatically go to your max bid. Someone else has to bid to increase the current price and the computer will automatically bid up to your max in the increments specified. Information gathered is for the sole purpose & use of Hines Auction service, inc. Hines Auction gathers all emails & adds them to an email listing available only to Hines Auction Service, Inc. You have the right to unsubscribe at any time.<br>
<br>
10. BIDDING DISPUTES - Should any dispute arise between or among any two bidders, the auctioneer shall<br>
forthwith adjudicate the dispute and his decision shall be absolute, final and binding upon all parties. Bids received after<br>
the fall of the hammer are not valid nor are they grounds for dispute. Bids acknowledged by bid spotters are recognized as if tendered to auctioneer, but in case of dispute, the bidding on the horse shall be reopened forthwith for advanced bids, and if there be no advance, the horse is sold to the person from whom the auctioneer recognized the last bid. In case of dispute, advanced bidding shall be restricted to the contending parties, but should the recognized bid be reduced below the bid at commencement of the dispute, then bidding shall be reopened to all bidders.<br>
<br>
11. TITLE, RISK, and DELIVERY - The purchaser at the fall of the hammer assumes all risk and responsibility for the horse. However, such purchase through the highest bid and corresponding assumption of risk and responsibility shall not constitute delivery of the animal, nor shall title pass until payment is received by the Sales Management cashier. Purchaser must make payment in cash, personal check or cashiers check within one hour of the conclusion of the sale, at which time delivery will be made in the form of a stable release for the horse, and title shall pass to the purchaser provided that the purchaser has made full payment for the horse as provided in these Terms and Conditions. Sales Management recommends that purchasers arrange immediate insurance protection for their animal. Horses paid for by cash, personal check or cashiers check may be removed from the grounds immediately after payment. Purchasers of horses that remain on the sale grounds will be charged a board fee of thirty dollars ($30) per day per horse, up to and including the day of release. All horses, except foals weaned immediately after the auction, must be removed from the sale grounds within four (4) days from the date of the sale unless private arrangements are made with KD Trakehners LLC. Weaned foals may be kept at KD Trakehner for up to 10 days at no cost to the buyer. After 10 days, foals remaining on the farm will be charged a board fee of thirty dollars ($30) per day per horse. Sales Management will hold all horses left on the sale grounds, until any and all charges are paid in full. During the stay of the horses neither the authorized Consignor, its employees, officers, or agents; the sale’s Sales Management, or its auctioneers, officers, employees, agents, grooms, and representatives shall be liable for any accidents, theft, disease, or sickness, death or injury, or damage to or by any horse howsoever caused. The grooms shall continue to look after horses until loaded and may assist with the loading without any contractual relationship being entered into between purchaser and Sales Management, its auctioneers, officers, employees, agents, grooms, and representatives and/or authorized Consignor, its officers, employees, agents, grooms, and representatives.<br>
<br>
12. SALES TAX – All sales are subject to additional state and local taxes of a total of 5.5% paid by the buyer in addition to the purchase price of each horse. Any horse offered for sale that is physically located in another state and will be picked up in a state that is not Wisconsin, will be exempt from Wisconsin sales tax.<br>
<br>
13. TERMS OF PAYMENT – The terms of the sale are cash in the form of US currency, personal check, cashier’s check, wire transfer or credit card. All credit card transactions are subject to a 4% buyer’s fee. Full payment includes, but is not limited to, purchase price, any applicable sales tax, veterinary fees, stabling fees, buyers fees and transportation. Personal checks require valid proof of identification such as a driver’s license or valid passport. Make all checks payable to Hines Auction Service Inc. Purchasers shall make payment within one hour of the close of the sale for the full purchase price. Title to the horses purchased with a personal check shall not pass to the purchaser until funds have cleared the bank. Registration certificates will also be held until funds from a personal check clear the bank. Purchaser may not stop payment on a check given in payment for a horse or its board for any reason. Sales Management reserves the right to ask for immediate payment for any purchase made at this auction. Any purchaser who fails who fails to make immediate payment when requested shall forfeit all rights to acquire ownership to that particular purchase and further shall relinquish all rights to further bidding at this auction. Any horse that is not paid or when requested by the auctioneer shall be reentered into the auction for sale. In addition, the purchaser who failed to make payment will become responsible for any expenses incurred from reoffering the horse for sale.<br>
<br>
14. DEFAULT - Any buyer who fails to pay for, stops payment on, or refuses delivery on a purchase for any reason whatsoever will be declared in default. Sales Management reserves the right to sell that purchase on the buyer’s account without prior notice and reserves the right to litigate with the buyer for any deficit, to include, but not limited to purchase price, commissions, vet bills, farrier bills, and any and all legal expenses involved.<br>
<br>
15. LIMITED WARRANTIES - Unless expressly stated, all entries are sold “caveat emptor.” (i.e. buyer beware) and are sold on an “as is, where is” basis. ALL SALES ARE FINAL. There is no implied or express warranty on any horse. Buyers are cautioned to examine horses before bidding. There are no guarantees regarding broodmares in foal, pregnancy status, or eventual foaling, no return privileges or live foal guarantees are given or implied. There are no guarantees implied by Sales Management or Consignor as to the merchantability or fitness for any particular purpose of any animal offered in this sale.<br>
<br>
16. VETERINARY EXAMINATIONS - Each horse in the sale has tested negative for Equine Infectious Anemia (Coggins test negative) and a copy is available for transportation. Each horse has a valid “Health Certificate” issued by a licensed veterinarian declaring them free of any known infectious disease. Each horse has current vaccinations for Eastern and Western Encephalitis, Tetanus, Flu and Rhinonumonitis. A physical veterinary examination for overall health has been performed by a licensed veterinarian within 30 days of the sale. Broodmares will be examined for pregnancy by a licensed veterinarian by palpation or ultrasound within 30 days of the sale and the result will be noted in her examination report. The physical examination report is available on each horse noting any significant abnormalities or professional observations in the opinion of the examining veterinarian. Buyers wishing to have their own veterinarian examine a sale horse in addition to available reports may do so, however permission must be granted in advance by the owner of the sale horse. The cost of additional veterinary examinations rests solely with the prospective buyer. Riding horses will have essential X-rays (radiographs) that will be reviewed by a licensed veterinarian for any significant abnormalities. A summary report is available on each horse’s X-rays noting any significant abnormalities in the opinion of the examining veterinarian. All veterinary reports may be reviewed in person by prospective bidders in attendance at the auction (and /or their veterinarian), but the reports must remain in the Repository Office for other potential buyers. Prospective buyers wishing to take additional X-rays are welcome to do so, but at their sole expense and only with the owner’s permission. Prospective buyers not in attendance, who wish to have their own veterinarian review the X-rays, health records or veterinary reports, agree the confidential exchange is only to be made between the KD veterinarian and the prospective buyer’s veterinarian and will not to be distributed outside these professional individuals, All veterinary reports and records are confidential and prospective buyers agree not to share or distribute any veterinary information obtained in this process to others in any manner.<br>
<br>
17. LIABILITY –, Kevin O’Meara, KD Trakehners LLC, and Hines Auction Service Inc., its auctioneers, officers, employees, agents and representatives assume no responsibility whatsoever to anyone for identification, title, blemishes, defects, the physical condition, or health of any horse, or vice of any horse and make no warranty or representation of any kind in this sale unless expressly stated.<br>
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18. LITIGATION - If legal proceedings are instituted by any party, whether buyer or Consignor, in which Kevin O’Meara, KD Trakehners LLC, Hines Auction Service Inc., its auctioneers, officers, employees, agents, representatives, are named as parties, then and in that event the party initiating such legal action shall be responsible for all legal fees incurred by Kevin O’Meara, KD Trakehners LLC, Hines Auction Service Inc., its auctioneers, officers, employees, agents, representatives, incident to and in connection with said proceedings. It is further agreed that all disputes will be settled by arbitration in lieu of litigation in the state of Wisconsin and no other jurisdiction.<br>
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19. PUBLIC LIABILITY - Neither the Consignors, Kevin O’Meara, KD Trakehners LLC, nor Hines Auction Service Inc., its auctioneers, officers, employees, agents or representatives, assume any responsibility for theft, fire, or other damages, or any injury, death or damage to person or animal of any kind howsoever caused. Ride and examine horses at your own risk. The public is cautioned to be extremely careful while on the grounds, examining horses, and particularly while horses are being ridden. Do not enter stalls under any conditions. During the exhibitions and the sale absolutely no purchaser or spectator is to be in the barns or the aisle ways under any circumstances. Absolutely no smoking in permitted in any barns or the arena. Kevin O’Meara and Hines Auction Service Inc. reserves the right to take whatever action is required to protect the health and welfare of any horse at the expense of owner in an emergency.<br>
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20. BAD CHECKS - If Hines Auction Service, Inc receives a returned check; the buyer agrees to pay a $30 returned check fee. Buyer will either agree to pay via certified funds for the entirety of the returned check plus $30 or return the merchandise. If buyer returns the merchandise, they will be responsible for paying commissions for selling the merchandise, paying the difference in the amount owed after it sells & any other expenses incurred from the resale of the items.<br>
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- Important Notice –<br>
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Entry to the grounds, riding and examination of horses is entirely at your own risk and is by invitation. Kevin O’Meara, KD Trakehners LLC, Hines Auction Service Inc. reserve the right to refuse entry to any individual and may have any person or any party removed from the premises when they deem appropriate.