SALE TERMS & CONDITIONS
I enter into this contract with League of Legends Invitational Horse and Stock Dog Sale, a division of Turner Performance Horses, LLC, a Montana corporation doing business in Montana, from the time of entry until the final completion of the auction process. I understand that League of Legends has the right to accept or reject my horse at any time. League of Legends provides a public means, via live and online auction to bring together a seller and a buyer for the purpose of completing the sale of a specified horse. To complete such a sale, owner and League of Legends mutually agree to the follow terms of sale:
1. REPRESENTATION- I PERSONALLY GUARANTEE TO ALL PARTICIPANTS THAT ALL INFORMATION I SUPPLY THROUGHOUT THE ENTIRE AUCTION PROCESS IS TRUE AND ACCURATE.
2. PRE-SALES- I PERSONALLY GUARANTEE NOT TO PRE-SALE THIS HORSE UNDER ANY CIRCUMSTANCE AFTER IT HAS BEEN ACCEPTED INTO THE SALE. Shall AUCTION PROCESS- I authorize League of Legends to offer the horse for live public auction and online auction; to relay representations and warranties on my behalf; to facilitate delivery and transfer title to the horse to the highest recognized bidder; and to receive and disburse the proceeds of sale to my account. League of Legends is authorized to deduct all sums due from my account but in the event of any deficiency, I agree to immediately pay League of Legends the balance due on demand.
3. CONSIGNMENT FEE- I agree to pay the $350. non-refundable Consignment Fee or to allow such as a deduction from my account. This fee includes; stall for Friday night, bag of shavings, incoming brand inspection fee, Cattle, Ranch and Trail Horse Competition. If additional stall/stalls are needed they are available for $35/Night. RV space is also available for free, but if needing to plug into power a fee of $35 a night will be collected. Consignment Fee shall be deemed fully earned at the acceptance of this horse for sale and League of Legends authority to sell the horse becomes irrevocable, as well. I understand that all original paperwork and any fee will be returned if the horse is not accepted. Non-refundable includes but is not limited to a vesicular stomatitis quarantine or country pandemic that would keep the sale from taking place.
4. CASUAL FRIDAY/PREVIEWS- Casual Friday offers buyers, horses & consignors the opportunity to meet & interact one on one, as well as possibly trying/riding the horse(s). RANCH/ TRAIL HORSE COMPETITION on Saturday morning runs in lot # order beginning with 1, SHOWING UP FOR YOUR DESIGNATED GO IS MANDATORY. You are NOT required to compete and do any or all maneuvers on your horse as the competition offers, HOWEVER your horse must show up for its go. Whether that be walking across the bridge, loping one circle, or just working a cow. Do not miss your go. Team Roping/Breakaway and Barrel preview will also be available.
5. COMMISSION/UPSET BID In addition to the Consignment Fee, I agree to pay a commission of 9% OF THE FINAL ACCEPTED BID. In the event the horse is not sold, or returned due to buyers’ _rejection, 9% OF THE FINAL BID is due to horse sale company.
6. ACCEPTANCE- You will be notified on or before May 20th, 2021 of your acceptance in the League of Legends Invitational Horse and Stock Dog Sale. Radiographs of navicular (lateral & skyline view), hocks and soundness letter stating horse is sound of eye, wind and limb are a requirement for submission. DO NOT WAIT until the final week to submit your entries, your acceptance cannot be guaranteed. The League of Legends Sale Committee will be accepting horses as they come in and shall the limited spaces fill prior to that date entries will close. We will be accepting those horses who fit the League of Legends sale criteria and those consignors who will hold up to the sale standards.
7. NON-COMPLIANCE/LIQUIDATED DAMAGES NO SUBSTITUTE ENTRIES ARE ACCEPTED. If, for any reason other than a veterinary excuse, with video presented prior to start of sale- the horse is not offered at the sale, I agree to pay League of Legends the daily advertised, non-refundable Consignment Fee and up to $1000 as liquidated damages and not as a penalty. Liquidated damages may only be excused by submission of a COMPLETED OFFICIAL VETERINARY STATEMENT AND VIDEO prior to the start of the HORSE SALE.
8. ORIGINAL DOCUMENT DEADLINES- I agree to deliver to League of Legends on or by deadlines each item listed in consignment contract. ALL REGISTRATION PAPERS MUST BE IN THE NAME OF THE PERSON CHECK WILL BE PAID TO. League of Legends WILL WITHHOLD ANY MONIES DUE ME UNTIL ALL NECESSARY DOCUMENTS ARE DELIVERED.
9. CATALOG REVIEW- I agree to review the sale catalog (posted on the website or printed) and promptly notify League of Legends of any corrections prior to the Sale.
10. OWNER WARRANTIES- I agree that League of Legends may examine and make any announcement regarding the horse it deems appropriate. I consent to the electronic display of radiographs that I voluntarily allowed my vet to submit to Sale Company. Horses sold are guaranteed sound until Tuesday at Noon following the sale. A vet will be on the sale premises and able to further do pre-purchase exams and digital x rays. Buyers are encouraged to ride all horses they have interest in shall seller deem they fit as well as do any pre purchase exams to satisfy they claim to bid on horse. I guarantee to all parties the following warranties, unless I disclose otherwise and have that disclosure announced at the time of sale: (A) title to the horse is free from any adverse claims. I will disclose such claims and I approve of any legal assignment(s) presented to League of Legends; (B) the horse is free from any condition, habit, defect or blemish listed in Section 2 of this contract; (C) the pedigree, parentage and sex of this horse is as represented and I consent to the release and use of any necessary genetic testing; (D) the horse is suitable for the purpose for which it is represented; (E) I agree to fully disclose any and all medication(s) the horse is receiving for announcement at the time of sale. I acknowledge that unless this Term #8 is followed, a buyer may refuse the horse and I will owe League of Legends the consignment fee, sale expenses and commission (9%) I UNDERSTAND THAT IF THE HORSE IS REFUSED BY THE BUYER UNDER THESE TERMS, ALL ARRANGEMENTS AND EXPENSES TO RETURN THE HORSE ARE SOLELY MINE.
11. POST SALE SETTLEMENT- I understand that if League of Legends has paid me for the horse, but I failed to make full disclosure of any warranty issue in Term #8, I will attempt to reach a fair settlement with the buyer out of court.
12. DELIVERY/CARE-I agree to deliver the horse to the Sale location no later than 7:30 am on the morning of the anticipated Sale date. It is my responsibility to get the horse to and from the sale arena. I acknowledge that all risk of loss and possession of the horse shall be mine until the final fall of the auctioneer gavel. I agree to care for the horse while stabled on the Sale premises and on my failure to do so, I agree that League of Legends may, at its option, undertake such care. I agree that League of Legends will not incur any liability whatsoever for the loss, damage, injury, death, illness or return of the horse.
13. PASS-OUTS/REPURCHASES-I understand that to protect my desired sale price for the horse, either I or my representative must (A) deliver a completed reserve bid in writing and signed to Auctioneer prior to the sale of the horse; I must make known to the Auctioneer for announcement that the horse has been passed-out BEFORE LEAVING THE AUCTION ARENA. League of Legends reserves the right to bid on my behalf up to the amount of my reserve. I agree that League of Legends is absolved of any liability if this entire procedure is not followed, whether live or online. I agree to pay a pass-out fee of 9% of final bid.
14. COLLECTION-I understand that possession of the horse will be released to the buyer against receipt of future payment and after satisfaction of the League of Legends Settlement Procedures. I understand that League of Legends does not guarantee the validity, enforce-ability, payment, or collection of any instrument delivered or promised in payment of the purchase price of the horse. I agree that if the sale of the horse is not consummated for any reason, including the default of the buyer or otherwise, League of Legends will not be liable for damages or the purchase price of the horse. The sole obligation of League of Legends will be to assist me in the collection of the purchase price of the horse, assist in the recovery of the horse.
15. PAYMENT-I understand that my PAYMENT will take place as follows: (A) payment will be mailed on or before the 10th banking day (Monday) following the last day of the Sale provided there are no disputes or unsettled issues or claims and that my net proceeds have been received; (A) registration certificates will not be transferred until the buyer's payment has cleared. (B) an assessment of $250 per horse will be charged if any problems arise in procuring or processing paperwork. SALE PROCEEDS MAY NOT BE APPLIED TO PURCHASES.
16. INDEMNIFY- I agree to indemnify and hold League of Legends Invitational Horse and Stock Dog Sale and its shareholders, directors, agents, employees, contractors, and representatives harmless from all liabilities, claims, expenses, and costs (including, without limitation, attorney's fees) arising out of any sale procedure or issue including loss or damage to the horse, persons, agents, employees, or property. I agree that all information regarding the sale price of the horse may be made public.
17. LOSS PAYMENT- I agree to pay League of Legends, on demand, the full amount of any loss which may be incurred in the settlement of any claim or demand on account thereof.
18. AGREED TO- I agree that the format, dates, time, and location of the sale may change should the need arise. I hereby grant League of Legends the Power Of Attorney to perform all sale procedures on my behalf. I agree that these Terms as well as those published in the sale catalog will also govern the sale of the horse, and I agree to be bound thereby. This agreement will be binding on me, my heirs, personal representatives, agent(s) successors, permitted assigns, any successor in ownership of the horse and will inure to the benefit of the successors and assigns of League of Legends. If this agreement is executed by any representative, such representative will be individually liable, jointly, and severally with the principal, for the performance of this agreement. This agreement is irrevocable and cannot be amended except in writing executed by the parties.