Proven Performance Equine Auction Terms
By registering with Proven Performance Equine, you are bound by the terms and conditions of the auction as set forth. As a buyer, you agree to pay for auctions won and items bought.
PLEASE READ THE COMPLETE CONDITIONS OF SALE BEFORE BIDDING. Please keep a copy of your records. You will be bound by these Conditions.
1. AGREEMENT: a) I represent and agree that I am of legal age, authority and capacity to form a binding contract. b) I (hereinafter, referred to as Buyer) agree to these terms and conditions, and swear that all the information furnished is true and correct. c) Buyer agrees to be responsible for any purchase made or actions taken by an Agent authorized by me to act on my behalf, d) Buyer agrees that this registration to bid is not assignable without the express written approval of Proven Performance Equine. e) Buyer agrees to make any sale transaction for this entry through Proven Performance Equine.). Buyer agrees that if they have the winning, final bid, or accepted bid in auction, the Buyer has entered into a binding agreement to purchase the horse.
2. BUYER’S RESPONSIBILITY: By placing a bid in this auction Buyer is indicating they have examined or researched a horse to their satisfaction. Prior to Bidding, Buyers may a) ask Seller for additional information, b) make an appointment with Seller to examine the horse at Seller’s property, c) arrange with Seller to have a veterinarian perform an independent pre-purchase examination, or d) hire an agent or equine professional to inspect and evaluate the horse or any other means that Buyer, in their discretion, regards e) Prospective buyers are granted a 30 day on site preview period prior to the opening of the Proven Performance Equine auction. During this time, visitors may schedule appointments to inspect, evaluate, and ride the horse offered in the sale. All preview sessions must be arranged in advance to ensure staff availability and to provide each buyer with safe, organized, and individualized experience. The Walking Cartel encourages all interested parties to take advantage of this opportunity to make fully informed purchasing decisions.
3. REPRESENTATION OF HORSE: Seller is responsible for the correct representation of horse(s) they list, including but not limited to the description, disclosure form, horse information, riding and training, as well as in communication with potential or eventual buyers. Some representations on disposition and handling are the opinion of the Seller and given only as an indication of the horse’s capability. Buyers should inspect, examine and research horses to their satisfaction. Seller is responsible for disclosing the following conditions, which must be stated in the online description, if this entry is a cribber, weaver, is unsound of eyes or wind, has a parrot mouth, is a cryptorchid or ridgling, has had major surgery or a serious illness, has been nerved or has a lameness due to navicular disorder, ringbone, osteoarthritis, founder prior to the sale or other bone abnormality or neurological disorder. Seller is solely responsible for the accuracy of all information that appears in the online sale representation or is communicated to the buyer directly. Seller agrees to hold Proven Equine Performance harmless from any claims arising out of any such inaccuracies or omissions.
4. RELEASE OF HORSE TO BUYER: The seller will not release any horse to the winning buyer until the buyer has submitted a non refundable 10% down payment at the close of the auction. The remaining balance must be paid in full within 24 hours, or by the next business day if the auction concludes on a weekend or holiday. No horse will be transported, picked up, or transferred until full payment has been received and verified by Proven Performance Equine.
5. NO IMPLIED WARRANTIES: There is no warranty expressed or implied by the sales company, sponsors, or Seller, as to the performing soundness, merchantability, or fitness for any particular purpose of any horse offered on this site, other than those made specifically by the Seller. 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.
6. TRANSPORTATION FROM SELLER TO BUYER: Buyer is responsible for cost and arrangements for transportation of horse from Seller to Buyer. Soon after purchase Buyer will contact Seller (Proven Performance Equine) directly to schedule removal of horse within 5 days. If pickup arrangements cannot be made within five (5) days following the closing of the auction, a boarding fee of $15 per day will be assessed until the horse is picked up. This daily charge will continue to accrue until the horse has been fully paid for and removed from the premises. All fees must be paid in full prior to release.
7. RISK AND RESPONSIBILITY FOR HORSE: Buyer assumes all risk, responsibility, and expense for the horse at the conclusion of the auction. Seller agrees to provide basic board and care for up to 5 days at no additional charge. Beyond 5 days, Buyer will be responsible for paying for board, $15 per day to Proven Performance Equine, plus any other expenses that may be required to maintain the horse until Buyer takes possession or has the horse picked up from the seller.
8. BIDDING: Bidding will close at a specific time and date, which is listed on the Walking Cartel website.
9. SELLING OPTION: Each horse is listed to sell at or above a Minimum Starting Bid and may or may not have a reserve.
10. PAYMENT BY BUYER – Once bidding is closed, a 10% payment must be made immediately via PayPal. Proven Performance Equine will reach out shortly after for collections. Processing fees will be applied. Final payment in full must be made within 24 hours of the conclusion of the auction. Make all payments to MATT KEY OR BLAYE KEY. Payment may be made in the form of bank wire transfer, PayPal friends and family, Venmo or cashier’s check. Cashier’s checks must be made out to MATT KEY OR BLAYE KEY. In no case may any part of the purchase price be paid directly to the Seller by the Buyer, as such payment shall not be valid or entitle the buyer to obtain the horse. A charge of $200.00 will be made on any payment that is returned. Buyer agrees not to stop payment on check for any reason. All checks MUST BE OVERNIGHTED VIA FEDEX or UPS. DO NOT SEND CHECKS VIA US POSTAL SERVICE. If funds are not collected within 24 hours of the sale, the horse will be offered to the next bidder.
11. PAYMENT TO SELLER – Once funds are secured by Proven Performance Equine, all agreed upon commission and fees will be deducted from the purchase price paid by the Buyer and a check or money wire will be issued and mailed out to the seller no more than 7 days from the conclusion of the auction.
12. DEFAULT ON PURCHASE – If any person shall purchase a horse and not pay for it as prescribed above, Proven Performance Equine shall have the right to resell the horse or at their option bring legal action in which event buyer agrees to pay all cost of such suit together with reasonable attorney fees as fixed by the court. In the event of resale, the defaulting buyer agrees to pay all costs of resale and price deficiency, if any. Interest of 1-1/2% per month will be charged on the unpaid balance of any account not paid for as set forth in these conditions. Defaulting on a purchase will result in a breach of contract.
13. HEALTH CERTIFICATES: Buyer will be responsible for obtaining the Interstate Health Certificate for transportation
14. WITHHOLDING FUNDS: Buyer agrees that Proven Performance Equine shall not be required to remit to Seller or Buyer, the net proceeds of the sale of any listing which is the subject of a dispute or claim by the buyer, for misrepresentation, fraud or breach of warranty, until such dispute or claim is resolved and the proceeds of the sale have been received by Proven Performance Equine. The responsibility to resolve such a claim lies between the Seller and the Buyer. Notwithstanding any other provision hereof, should a dispute arise between Buyer and Proven Equine performance may retain its fees and costs and may hold in escrow the balance of any proceeds of sale in its possession, pending a resolution of the dispute. All legal fees and costs incurred by Proven Performance Equine may be deducted by Proven Performance Equine from the net proceeds of sale still in their possession. Otherwise, the Seller and Buyer shall be jointly and severally liable for the same upon demand.
15. INDEMNITY: Buyer releases Proven Performance Equine, or any agency related to Proven Performance Equine, from all responsibilities, liabilities, obligations, claims, lawsuits, or legal proceedings arising from the sale of this listing. If legal action is initiated against Proven Performance Equine involving this listing, the Seller agrees to fully indemnify Proven Performance Equine from such suit, including legal fees and costs incurred by Proven Performance Equine.
16. ADDITIONAL TERMS AND CONDITIONS: The Terms and Conditions for the use of Proven Performance Equine Conditions of Sale for buyers as stated on the auction web site, are hereby incorporated by reference and made part hereof as though fully set forth herein.
17. PRIVACY POLICY – By registering as a bidder for this auction, Buyer agrees to the use of Buyer’s information by Proven Performance Equine. Buyer’s information will be used Proven Performance Equine or The Walking Cartel to contact Buyer and for record keeping. Proven Performance Equine will not sell or give Buyer’s information to any entity, except for sponsor or company that provides special services to Buyer. In the future we may use email lists to contact Buyers. We may do custom email promotions for customers, advertisers or organizations.
ANY AND ALL MATTERS WILL BE GOVERNED BY THE LAWS OF THE STATE OF KENTUCKY AND VENUE WILL BE IN BARREN COUNTY, KENTUCKY.