ATTENTION: WHEN YOU REGISTER AND/OR BID OR CONSIGN YOU ARE AGREEING TO AC’S LIVESTOCK’S CONDITIONS OF SALES.
HOW IT WORKS – THE CONDITIONS OF SALE IN LEGAL TERMS
CONDITIONS OF SALE TERMS – WARRANTIES – BUYING PROCEDURE – SETTLEMENT FOR ALL AC’S LIVESTOCK, LLC LIVE AUCTIONS – ONLINE VIDEO AUCTIONS – TIMED AUCTIONS
1. GOVERNING LAW – AC’S LIVESTOCK, LLC a New Jersey Corporation. All transactions and disputes are governed by New Jersey Law.
2. LIMITATION OF LIABILITY – AC’S LIVESTOCK, LLC is an independent contractor regularly engaged in the business of conducting online timed sales of horses and is recognized as “sale management”. These sales provide a public means via live, online video and/or timed auctions, to bring together a seller and a buyer for the purpose of completing the sale of a specified horse. AC’S LIVESTOCK, LLC 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. EACH HORSE OFFERED IN THIS SALE IS SOLD “AS IS” AND WITH ALL DEFECTS. OWNERS, BIDDERS AND BUYERS CONSENT TO RECEIVE ELECTRONIC MESSAGES PERTINENT TO ANY AND ALL AUCTION BUSINESS VIA TEXT, EMAIL AND PHONE WHICH MAY BE SENT THROUGH AN AUTOMATIC SYSTEM FROM AC’S LIVESTOCK, LLC AND ITS AFFILIATES. ATTESTING TO THE TERMS AND CONDITIONS IS OPTING IN FOR THESE TYPES OF COMMUNICATIONS.
3. BUYER REGISTRATION/PRE-SALE PURCHASE ARRANGEMENTS – Every potential buyer must pre-register prior to bidding. AC’S LIVESTOCK, LLC RESERVES THE RIGHT TO ACCEPT OR REJECT ANY REQUEST FOR BUYER OR OWNER PARTICIPATION ON AC’S LIVESTOCK’S ONLINE TIMED AUCTION. Non-US Bidders – Foreign buyers are welcome. To participate please note US funds and a form of positive identification are necessary. ALL PAYMENTS MUST BE MADE DIRECTLY TO AC’S LIVESTOCK, LLC. Methods of payment accepted from all buyers are:
1. US Bank wire transfer (RECOMMENDED)
2. US Cashier’s Check
3. US Cash
4. US Money Order
5. Mastercard, Visa, Discover & American Express or Debit card
6. US Bank Drawn Pre-Approved Check-All approved checks must be cleared before horses are transported.
A 10% office processing/sales tax fee will be added to the final bid for any horse purchased to determine the total purchase price. As a bidder if you win an auction you are required to make transport arrangements with the seller within 48 hours at the end of the auction, contact the AC’S LIVESTOCK and make all necessary transport arrangements with the seller of the horse. (Payment must be confirmed first). AC’S LIVESTOCK is not responsible for making these arrangements.
If the Buyer requests AC’S LIVESTOCK will arrange transport anywhere in the continental United States or Canada at a cost of $4/Loaded mile
Any horse for whom transportation has not been arranged within 48 hours of the end of sale will be charged board at a cost of $35/day which must be paid prior to the horse leaving the facility. If after 14 days the horse has not been picked up or transportation arranged it will be considered abandoned and ownership will revert to AC’S LIVESTOCK. The buyer will receive an auction credit for the purchase price minus the 10% processing fee.
4. WARRANTIES & EXPRESSED LIMITED WARRANTIES BUYERS ARE ENCOURAGED TO PRE-INSPECT AND ARE CAUTIONED TO CAREFULLY EXAMINE ANY HORSE PRIOR TO BIDDING OR PURCHASING – Potential buyers, at their expense, have the option to have a veterinary examination performed on any horse prior to the close of bidding. BUYERS CANNOT HAVE WHAT IS KNOWN AS A COMPLETE PRE-SALE VETERINARY EXAMINATION OF ANY HORSE AFTER PURCHASE. There is no warranty, express or implied, by AC’S LIVESTOCK, LLC or any representative as to the soundness, condition, merchantability or fitness for any particular purpose of any horse offered for sale. It is the position of AC’S LIVESTOCK, LLC that all horses are sold “AS IS” with all existing conditions and defects. In addition to speaking with AC’S LIVESTOCK the prospective buyers have the option to go and view any horse before they bid. BEFORE the auction ends is the time to go test the horses out, NOT after you win an auction. 48 HOUR RULE BUYERS CANNOT HAVE A VETERINARIAN PERFORM WHAT IS KNOWN AS A COMPLETE PRE-SALE EXAMINATION OF ANY HORSE AFTER PURCHASE. ALL BIDS ARE LEGALLY BINDING AND ARE NOT ABLE TO BE RETRACTED.
5. BIDDING PROCESS, DISPUTES, MALFUNCTIONS – AC’S LIVESTOCK, LLC reserves the right to reject any and all bids. Should any dispute arise between two or more bidders, AC’S LIVESTOCK, LLC shall settle said dispute and that decision shall be absolute, final and binding on all parties. In the event of known equipment malfunction, the auction will be stopped. If the malfunction has not affected the sale of horses sold prior to the malfunction, they will be considered sold. The auction will proceed upon correction of the malfunction. When bidding on a horse as a bidder you have the option to compete in the auction and place one bid at a time or just put in a maximum bid and allow the proxy bid software to bid the lowest amount possible on your behalf each time you are outbid. Each auction will have a scheduled end time/date but be aware that during the last 10 minutes of the auction that 2 minutes will be added to the clock every time that a bid is placed so that there is no chance of a last-second “sniper” bid which is so common on other bidding sites as time expires.
6. TITLE AND RISKS – Title transfers immediately to the buyer at the final and winning bid. Title transfer includes all risk of loss including but not limited to illness, injury or death of the horse. Additionally, at title transfer, the buyer assumes all responsibility for the care and maintenance of the horse, for any loss or damage to property and for injury or death of persons caused by the horse, buyer or buyer’s employees. Additionally, the buyer agrees to hold harmless AC’S LIVESTOCK, LLC for such loss or damage. TITLE AND RISKS ARE ASSUMED BY THE BUYER WHETHER OR NOT SETTLEMENT AND DELIVERY HAVE BEEN MADE. THIS SHALL ESPECIALLY BE THE CASE WITH PURCHASES MADE BY PHONE OR ONLINE.
7. PERSONAL CHECK LIABILITY – Any person issuing and signing a pre-approved personalized check or authorizing a credit card purchase in the State Of New Jersey will be held liable for the amount of the transaction. Writers of any returned check or disputed credit card purchases will be turned over to the local district attorney and will be prosecuted to the fullest extent of the law. In addition to a $50.00 NSF charge, there will be a $500.00 fee for all returned checks that are not repaid by banking wire transfer within one day of the return date of the check.
8. DEFAULT – Buyers who fail in any respect whatsoever to pay for any horse under these terms shall be declared in default. Any horse purchased by a defaulter may be resold by AC’S LIVESTOCK at public or private sale without notice for the buyer’s account. Costs of such resale will be those of the defaulter. Should such resale fail to satisfy the defaulter’s account in full, the defaulter will immediately pay to the seller, the amount owing or be subject to legal suit. The defaulter will be responsible for all costs, including attorney’s fees incurred by seller or AC’S LIVESTOCK, LLC in collection of amounts owing for horse(s) purchased, or in enforcement or interpretation of this term of sale.
9. LIEN/SECURITY INTEREST – To secure the payment of the purchase price and expenses for any horse purchased, together with all other indebtedness owed or hereafter owing by the buyer to seller the buyer hereby grants a purchase money security interest and lien in and to each horse and all accounts, contract rights, registration papers, breeder’s certificates, records, general intangibles, proceeds and products relating thereto.
10. TRANSFERS/REGISTRATION CERTIFICATES – NO REGISTRATION CERTIFICATES FOR PURCHASED HORSES WILL BE RELEASED UNTIL PAYMENT IS RECEIVED AND CLEARED. THERE IS ABSOLUTELY NO EXCEPTION TO THIS RULE. ALL PAPERWORK WILL BE HELD BY SELLER UNTIL BUYER’S PAYMENT BECOMES UNCONDITIONAL PAYMENT.
11. POST SALE REMOVAL – All sold horses must be removed from AC’S LIVESTOCK’s property in a timely fashion as agreed between buyer and AC’S LIVESTOCK. Sold Horses on AC’S LIVESTOCK ‘s property remain at the risk, responsibility, and expense of the buyer. Any delays in TRANSPORT must be pre-approved by the AC’S LIVESTOCK OR You may pick up your purchase in person. AC’S LIVESTOCK will work with the buyers TO ARRANGE TRANSPORTATION at buyer’s expense with a TRANSPORT company if needed, to any state or Canada. International TRANSPORT is also an option at buyer’s expense.
12. 30-DAY GUARANTEE – All buyers will have the option to return any horse purchased through the auction for a period of 30 days after purchase so long as the horse is in the same or better condition than when it left the AC’S LIVESTOCK property. All horses will be photographed, and a video made of the horse moving at walk and trot prior to transport to verify condition. Assessment of condition will be at the discretion of AC’S LIVESTOCK. Horses must be returned to AC’S LIVESTOCK facility at 266 Lanes Mill Rd, Howell, NJ 07731 within 30 days of the end of the auction to be eligible for guarantee. All transport of horses is to be done at buyer’s expense. If a horse is returned than auction credit will be issued to the buyer minus the 10% processing fee which can be used in any future auction. In the event of disagreement over the condition of a horse AC’S LIVESTOCK, LLC shall settle said dispute and that decision shall be absolute, final and binding on all parties. If in the determination of AC’S LIVESTOCK buyer is abusing the guarantee then they may be barred from future auctions.