This is an agreement between YOU and Montana Ranch Horse Association LLC, and Connexion Livestock LLC.
In order to bid on and purchase horses, you must read, agree with and accept all of the terms ("this Agreement"). You should read the entire Agreement because all of the terms are important and together create a legal agreement that, once accepted by you, applies to you. By Bidding on any lot you also agree to the specific Terms & Conditions of that specific lot and/or the Event itself.
The auctioneer, announcer, and employee or volunteer help act as agents only for the seller, but assume no responsibility for either buyer or seller. Every effort has been made to assure correct information in the catalog; however, auctioneer, announcer, employees or volunteers will not assume responsibility for errors or omissions. Inspect any horse that interests you to your satisfaction before you buy. Information on the Website is to take precedence over printed material. The right to bid or no-sale is reserved to consignors unless otherwise announced at time of sale. Sale management acts a facilitator of the sale only.
All responsibilities lie strictly between buyers and sellers. Neither Montana Ranch Horse Association LLC nor Connexion Livestock make any guarantee either written or verbal. However, seller represents the horse entered as in reasonably sound conditions with no known physical defects. Any specific guarantees will be noted in the catalog, Any guarantees are between Buyer and Seller. Buyers have 24 hours after taking delivery to report any dissatisfaction. Funds for the sellers account will not be distributed until buyer and seller agree on settlement, in writing, to Montana Ranch Horse Association. The Montana Ranch Horse Association’s veterinarian will be the only veterinarian to make soundness decision in order to obtain a refund. This will only apply to problems pre-existing and not to those caused to the horse by the buyer after the sale. Title to the horse passes to the buyer upon funds being received. Risk of injury and loss passes to the buyer immediately after delivery. At that time the horse will be the sole risk and responsibility of the buyer. Insurance is highly recommended for your new horse.
Eligibility. ConneXion's services at this website are available only to, and may be used only by, persons who are able to enter into legally binding contracts. If you are an individual, you must be at least 18 years of age. If you are registering as a business, you represent that you have the authority to bind that entity to this agreement. 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. ConneXion reserves the right to determine whether to accept bidders and bids based on whatever factors that ConneXion or Seller uses for such decisions.
Bidding Acknowledgements. You acknowledge and agree that by placing a bid on livestock, you represent and warrant that you shall not misrepresent your ability/authority to close the transaction pursuant to the terms and conditions of sale, that you have the capacity to close the transaction, that you have actual authority to enter a bid. All bids are between the Buyer and the ConneXion. When you commit to buy an item (bid), you enter into a legally binding, non-rescindable contract to purchase with ConneXion and you are agreeing to be bound by the terms and conditions. Once your bid has been accepted, you are obligated to complete the transaction with Connexion in accordance with the terms and conditions of that consignment.
Auctioneer's and Livestock Auction's Discretion. The highest bidder is the buyer as determined by the auctioneer/sales manager. There may be occasions when more than one bidder believes they are the winning bidder. The auctioneer has sole authority to settle any disputes between two or more buyers. The Auctioneer and/or the Livestock Auction have the right at his/her/their/its absolute and sole discretion to refuse any internet bid, to advance the bidding in such a manner as he/she/they/it may decide. In the case of error or dispute, and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to re offer and resell the item in dispute. The Auctioneer and/or Livestock Auction's determination shall be final. Upon submitting the winning bid and winning a sale lot, Buyer owns the livestock if they are the highest bid and Buyer's bid has been accepted by the auctioneer. The Buyer cannot thereafter reject the livestock unless such rejection is otherwise consistent with the Terms of Buyers and Sellers after Sale, the terms and provisions of which are incorporated herein by reference.
Disclaimer of Warranties
YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE OR THAT AN UNACCEPTED OR LOSING INTERNET BID WON'T OCCUR. AUCTIONS CAN BE INTERRUPTED BY NUCLEAR ATTACKS, EMPS AND SOLAR FLARES.
All Livestock are sold as-is. Montana Ranch Horse Association LLC, and Connexion Livestock LLC, employees or volunteers thereof make no warranty, expressed nor implied, as to the performing soundness, ride-ability, merchantability, or fitness for any particular purpose of any horse offered in this sale. We urge buyers to examine the horse they are interested in before the sale. There are no breeding warranties or representations of fitness for breeding for any horse sold.
Payment in Escrow: All payments to be made in ESCROW. Payments will be processed via Cash Cow Escrow (NMLS #2123736). BUYER agrees to and must pay 100% of Gross Sales Amount PRIOR to delivery of the Horse(s). Payment must be made up to Five Business Days prior to delivery as scheduled by ConneXion. Cash Cow Escrow Account will hold Proceeds until Delivery of said Horse(s). SELLER agrees to payments to be held in Escrow for a maximum of 48 hours after delivery. Final Disbursement/Payment Amounts are to be paid to Seller as calculated by ConneXion and agreed to by BUYER & SELLER. A letter of credit may be requested. All payment will be in U.S. currency drawn upon accounts at U.S. banks only. Any buyer who stops payment on a check will be prosecuted to the full extent of the law. This sale is conducted in accordance with Montana law, and the venue for all claims is in Stillwater County, State of Montana.
Inspection Period: Upon receiving possession of, and inspecting Horse(s), BUYER has 24 hour inspection period to report any dissatisfaction regarding SOUNDNESS of the animal. Sellers make no guarantees to ride-ability.
Brand inspection and health papers will be provided at the time of delivery after settlement has cleared the bank. Registration papers and transfers will be mailed to the buyer.
By registering to bid, or bidding, buyer acknowledges that he or she has read these terms and accepts them, wholly, and accepts that any claims against Montana Ranch Horse Association, LLC, or Connexion Livestock shall be governed by the laws of the State of Montana, and that the venue shall be Stillwater County, Montana. By registering or bidding, buyer waives all claims against Montana Ranch Horse Association, LLC, or Connexion Livestock for defects or soundness issues in any horses purchased in the REAL Ranch Horse Invitational Online Sale.
Western Horseman Magazine "Keeping it REAL"
