Auction Terms & Conditions
1. GOVERNING LAW
JACK AUCTION GROUP is a fully licensed and bonded Auction Company with a Livestock Dealers License to conduct horse sales in the Province of Saskatchewan. JACK AUCTION GROUP is an independent contractor regularly engaged in the business of conducting consignment sales of horses and is recognized as “sale management”. JACK AUCTION GROUP holds no ownership interest in any horse offered for sale, and is not responsible for any liability whatsoever, including, but not limited to, the loss, damage, injury, death or illness of any horse, person or property before, during or after the sale. In the event of any legal dispute between a buyer and owner, JACK AUCTION GROUP will occupy the position of agent for a disclosed principal and stakeholder and will be discharged from all obligation upon delivery of any property and/or funds held, to a court having jurisdiction of such dispute.
Buyers, bidders, owners and/or spectators are notified to use extreme caution while on the sale grounds, particularly while horses are being presented in the sale arena. All persons attending this sale do so at their own risk. Neither JACK AUCTION GROUP nor any other independent contractor associated with the sale, assumes any liability whatsoever for accidents, death or injury to persons or property before, during or after the sale.
3. BUYER REGISTRATION/PRE-SALE PURCHASE ARRANGEMENTS
Every potential buyer must pre-register at the sale office prior to bidding. A valid driver’s license, intended form of payment and a complete buyer registration application are required. Any new buyer and his banker should complete the Request to Purchase by Check form provided if personal checks are to be used as payment. Any buyer exceeding the amount of established credit must update buyer verification. JACK AUCTION GROUP reserves the right to accept or reject any request for buyer or owner participation at this sale.
Non-Canadian Bidders – Foreign buyers are welcome. To participate please note CDN funds and a form of positive identification are necessary. Methods of payment accepted:
1. Canadian Cash 2. MasterCard or Visa 3. Debit Card 4. Canadian Cashier’s Check 5. Canadian Bank Drawn Draft 6. Canadian Money Order
NO POST DATED CHECKS ARE ACCEPTED.
A 3% office processing fee will be added to all purchases paid with a Credit Card.
4. CATALOG ERRORS AND ANNOUNCEMENTS
ALL ELIGIBILITIES AND NOMINATIONS NOTED WITHIN THE SALE CATALOG HAVE BEEN PROVIDED BY THE OWNER AND HAVE NOT BEEN VERIFIED BY JACK AUCTION GROUP.
The accuracy of all information regarding a horse’s catalog page is the sole responsibility of the owner as is the certainty that all announcements regarding corrections, updates or warranties are made while horse is in the auction arena. Buyers are cautioned to pay close attention to announcements from the auction block regarding corrections or updates to the sale catalog page as such announcements take precedence over printed material. While certain information may have been procured by JACK AUCTION GROUP from third parties on behalf of the owner, it is nonetheless solely the responsibility of the owner to verify the accuracy of such information and to make certain such changes are made public. JACK AUCTION GROUP nor any representative thereof, assumes any responsibility or liability for errors or omissions, or for any verbal or written statement regarding the horse sold. If a prospective buyer is not sure about an announcement made regarding a horse up for bidding, he should immediately consult with the bid spotter working that section.
WARRANTIES & EXPRESSED LIMITED WARRANTIES
BUYERS ARE ENCOURAGED TO PRE-INSPECT AND ARE CAUTIONED TO CAREFULLY EXAMINE ANY HORSE PRIOR TO BIDDING OR PURCHASING. PRESALE VETERINARY ASSISTANCE IS AVAILABLE AT THE BUYERS EXPENSE.
Potential buyers, at their expense, have the option to have a veterinary examination performed on any horse prior to that horse entering the auction arena. Owner’s permission must be obtained prior to any such examination. All horses consigned to this sale are offered in accordance with the laws of the Province. There is no warranty, express or implied, by JACK AUCTION GROUP, any sale staff member or the owner of any horse offered for sale as to the soundness, condition, merchantability or fitness for any particular purpose. All horses are sold “AS IS” with all existing conditions and defects except as expressly announced from the auction block or as expressly provided herein. Any guarantees announced on behalf of the owner from the auction block are strictly between owner and buyer. Owners are bound by these sale conditions as well as the consignment agreement completed upon entry to the sale. Within that consignment agreement owner represented and warranted to buyers and JACK AUCTION GROUP the following:
A. the horse is sound of eyes, wind, limbs and mouth B. the horse is not a “cribber” or a “weaver” C. the sex and condition as to a stallion, gelding or ridgeling is as described in the sale catalog D. the pedigree and parentage of the horse is as represented E. the horse is suitable for the purpose it is represented F. the owner will disclose any and all unsound conditions, defects or bad habits the horse may have including scars. G. the tail or mane extensions or any other alterations by announced at the time of sale
OWNERS ARE WARNED THAT ANY HORSE REFUSED BY THE BUYER FOR LACK OF DISCLOSURE OF ANY WARRANTY OR LIMITED WARRANTY DESCRIBED IN TERM #5 HEREIN WILL BE SUBJECT TO RETURN. UPON ANY SUCH RETURN, OWNER WILL OWE JACK AUCTION GROUP THE CONSIGNMENT FEE PLUS THE GREATER AMOUNT OF THE 7.5% COMMISSION OR $1,000.00.
No guarantees or warranties are made by JACK AUCTION GROUP as to the pregnancy status and eventual foaling, fertility or breeding privilege of any mare offered for sale. Final pregnancy status and covering sire for any mare shall be announced from the auction block on behalf of the owner. Any mare selling “in foal” sells without return breeding privileges unless announced on behalf of the owner. Any breeding agreement is solely between the buyer and owner. Broodmares represented by an owner as “in foal” are subject to a veterinary pregnancy examination at buyer’s expense immediately upon purchase and prior to removal from the auction grounds. Any broodmare found not to be as represented in the auction arena may be returned as unsold to the owner who shall then become responsible for the cost of veterinary pregnancy examination, as well as entry fee and commission.
RIGHT OF RETURN
In the event that any horse is not as represented in the sale catalog as announced, or if owner fails to disclose at time of sale any of the limited warranties described in Paragraph above, horse is subject to return by the buyer. Within twenty-four (24) hours after the close of the sale session in which the horse is purchased, the buyer shall file with JACK AUCTION GROUP (firstname.lastname@example.org) a written notice of rejection along with veterinary supporting statement of condition of the horse. JACK AUCTION GROUP may require testing by a second veterinary source of its choice to determine if the horse had the issue at the time of sale. Said veterinarian’s decision will be final. If the veterinarian determines that the issue or defect(s) was present at the time of sale and was not announced, the sale of said horse shall be null and void and the owner must pay the consignment fee plus the greater amount of the 7.5% commission or $1,000.00, and the cost of all veterinary services performed. If the horse is found by the second veterinarian to not have the alleged issue or defect, the sale of said horse is valid and enforceable and buyer assumes all costs associated including veterinary services. JACK AUCTION GROUP has the right to determine what a reasonable expense is. It is the intent of JACK AUCTION GROUP to tape record the entire auction which shall be used to settle disputes regarding statements made about horses while in the auction arena. In the event of disputes, the final veterinary examination and tape recording will be used to settle said dispute.
Sebae Data Solutions, Inc.
SERVICE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections.
HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".
Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.
When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).
The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions.
Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer
Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC.
LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.