Auction Terms

Please read these Terms and Conditions carefully, as they will govern your use of Performance Horse Auction, LLC (PHA,LLC) website and auction services. Those who consign and bid are bound by these Terms and Conditions and the Consignment Contract, as amended by any posted notices, which together form the contract of sale between the successful bidder (“Buyer”), PHA,LLC and the consignor (“Seller”). When consigning or bidding on any horse offered by PHA,LLC, the Buyer and Seller indicate acceptance of the following Terms and Conditions. Any participation in the auction binds you to agreement of these Terms and Conditions, whether or not you read or understand said Terms and Conditions.

All horses listed must be western performance type such as cutters, reining, cowhorse, roping, ranch versatility, etc.

Listing Fee
$50 for each horse listed. This fee covers listing on auction, along with paid Facebook ads.

Commission  
8% on each horse. Each horse will start at a minimum of $1000 unless otherwise stated.

Starting Bid
The starting bid is the price that bidding begins.

Reserve Price
The Reserve Price is set by the seller. Each listing will display whether the Reserve Price has been met or not. The Reserve Price is not displayed.

Extended Bidding  
There will be a 5 minute extension on bids placed close to the closing of the auction. This will continue until bidding stops.  Please review the Bidding Guide for details.

Buy It Now
Immediately following the end of the auction, unsold horses will move to the top of the horse listing page with a Buy It Now price listed.  The Buy It Now price is not displayed until the auction concludes.  This price is set by the consignor and can be less, the same or more than the Starting Bid.  Auction registrants can purchase unsold horses at the Buy It Now price for 3 days after the conclusion of the auction.  

“No Sale” Fee 
$50 min or 3% of the starting bid, whichever is greater.

Buyer’s Fees 
There will be a 4% transaction fee on all purchases to cover administrative costs and credit card fees.

Sales
Sales will be the 3rd Saturday of each month. Auctions will start at 8 a.m. on Saturday and end at 8 p.m. on Monday evening. Times will be Central Standard Time. Horses will be previewed at least 1 week prior to auction beginning. During preview, horses will be advertised on various Facebook groups, and Facebook page. The website itself will be advertised on Facebook, equine websites, magazines, and other publications.

Health Guarantee  
Horses are assumed sound unless otherwise stated. Pre-purchase exams are between buyers and sellers. Guarantees are between buyers and sellers. Performance Horse Auction LLC is not to be held responsible for any health or soundness issues that may arise. Horses are to be sold “AS IS”. Sellers are to supply a current coggins and health certificate.

Payment
Winning bidder has 3 days after auction is won to make a payment on purchased horse. An email will be sent out within an hour of the conclusion of the sale confirming your purchase. A 4% Buyer's Fee will automatically be added to purchase price. The payment will be made with the credit card that was entered during registration. That credit card can be modified at any time in the bidder account details. To make the payment, log in to your account and click on the Pay Now button. Payment by cashier's check will also be accepted. It must be mailed and received within 5 days of auction closing.  Please contact us after you are notified of a winning bid if you will be paying by cashier's check. If a buyer becomes default after 3 days, then their credit card on file will be charged $200 and the horse will be resold. Payments will be made to Performance Horse Auction LLC only.

Board
Seller will hold horse for up to 7 days after the sale is over, free of charge, so that transportation can be arranged by buyer. If horse is not picked up in that allotted time, seller can charge board at their discretion.

Registration, Health Certificates, and Transfer
Sellers will mail original Association registration certificate, along with a signed transfer to Performance Horse Auction LLC prior to the auction. These will be held until payment is made. Once payment is cleared, registration papers and transfer will be mailed to buyer. The seller must arrange to have a health certificate done on the horse prior to horse being transported.

Nebraska residents:
Please note there will be a 5.5% sale tax added to any horse sold in Nebraska. It will be invoiced separately after the sale is completed.

Additional Terms

There is no reserve price. Consignor agrees to sell the horse at either the starting bid price, the bidding end price or the Buy It Now price.

  1. By registering as a buyer or seller, you are assumed to have read and accepted all terms and conditions.
  2. All transactions are in U.S. dollars
  3. Buyers and Sellers agree to be of legal age before buying or selling on Performance Horse Auction, LLC.
  4. Seller agrees that all information provided for the horse listed is correct and true. This includes any defect, Illness, lameness, and bad habits.
  5. Buyer agrees that if they have the winning bid, that they are entered into a binding agreement to purchase the horse.
  6. Before bidding on a horse, buyer has asked all questions and examined said horse to their satisfaction.
  7. Buyer and Seller agree that Buyer has 5 days after purchase of horse, to have any vet exam done, at buyer’s expense. (Horse must still be in Seller’s care) Any issues found will be between Buyer and Seller, Performance Horse Auction, LLC, is not liable for any said issues. All money will be held in an account until 7 days concluding the end of auction. This will allow time to make sure both buyer and seller are satisfied.
  8. Broodmares that are being listed as in foal, must have a veterinarian exam within 10 days prior to horse being listed. Any bred mare being listed with a live foal guarantee, must have a signed letter from the stallion owner, that such privileges will be honored.
  9. Neither Performance Horse Auction, LLC nor Exceleration Designs, Inc., dba Big Sky Internet Design will be held liable for any issues that may arise due to technological glitches or connection errors with the auction service.
  10. Any request for withdrawal of a horse from Auction must be approved by Performance Horse Auction, LLC. A veterinarian certificate must be sent to auction with legit reason for withdrawal.
  11. Consignment fees are non-refundable.
  12. Performance Horse Auction, LLC has a right to edit, change, or add to any listing. We also reserve the right to change time or date of any auction.
  13. Transportation is the responsibility of the Buyer. A list of potential haulers are listed under Transporters tab.

Performance Horse Auction, LLC (PHA,LLC) MAKES NO WARRANTIES WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE PURCHASE OF THIS HORSE IS SUBJECT TO THE TERMS AND CONDITIONS OF AN "AS IS" SALE. ALL HORSES ARE SOLD "AS IS" WITH ALL EXISTING CONDITIONS AND DEFECTS. RESPONSIBILITY FOR THE REPRESENTATION OF THE HORSE LIES BETWEEN THE SELLER AND THE BUYER. Buyer and Seller agree to hold PHA, LLC harmless from any claims arising out of any such inaccuracies or omissions. Seller has a continuing duty to respond to the Buyer after the sale, in the event of a dispute over Seller’s representation of this entry.

INDEMNITY: Buyer and Seller release PHA,LLC, and its representatives, from any and all responsibilities, liabilities, obligations, claims, lawsuits, or legal proceedings arising from the sale of this entry. If legal action is initiated against PHA,LLC involving this entry, the Seller and Buyer agree to fully indemnify PHA, LLC from such suit, including legal fees and costs incurred by PHA, LLC.

 

Performance Horse Auction LLC
80139 Mills Valley Road Arnold, NE 69120

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