Auction Terms & Conditions TERMS & CONDITIONS 2020 UF SALE IN THE SWAMP
PLEASE READ THE COMPLETE TERMS AND CONDITIONS OF SALE BEFORE BIDDING. A copy of this contract will be emailed to you following your approval to bid. Please keep a copy for your records. You will be bound by these Conditions, regardless of whether you have read them.
1.- PURPOSE: The purpose of these Terms and conditions is to: a) establish sale procedures; b) facilitate informed bidding; c) provide for orderly settlement of finances in completion of purchases; d) allocate rights, responsibilities and risks; and e) provide for orderly dispute resolution.
2.- AFFINITY AUCTON GROUP LLC (hereafter also known as AAG, LLC) reserves the right, at any time, within its sole discretion and without prior notice or liability to any person, to: (a) withdraw or cancel the sale of any or all HORSES prior to accepting a bid for such Horse or Horses; (b) refuse to issue a bidder's number to any person; (c) revoke the privilege of bidding to any person at this or any future sale (auction or otherwise); (d) refuse or reject any bid which it deems to be not made in good faith or an insignificant advance over the preceding bid; (e) refuse or reject any bid from any disqualified bidder; (f) offer any Assets in groups or in bulk; or; (g) impose any other conditions announced at the time of sale.
3.- The Consignor -University of Florida Department of Animal Sciences Equine Science Program, (hereafter also known as UF DAS ESP) shall have the right to cancel any transaction executed or not, for any given reason. All sales through AAG, LLC are (Subject to Confirmation) by the Consignor. There are (No Absolute Auctions) on AAG, LLC.com, nor expressed, nor implied, nor publicized in any paper. AAG, LLC best interest is to sell it all, but the Consignor has the final say.
No bidder shall be liable for a NO-SALE as Deemed and Determined by the Consignor/ UF DAS ESP.
4.- A Buyer is deemed to have accepted the Asset once the Buyer makes a bid. AAG, LLC shall accept the highest bid and the highest bidder shall be considered the Buyer. Once a bid is accepted by AAG, LLC and approved by the Consignor (UF DAS ESP), the Buyer may not retract the bid. All sales are final once a successful bid is accepted.
5.- Any dispute arising as to any bidding shall be settled by AAG, LLC sole discretion, and AAG, LLC may, immediately, put Horses in dispute up for sale again.
6.-BID PRICE- Each Bidder must be registered, and the highest bidder shall be the Winning Bidder of the lot. The purchase price shall be the sum of (1) the price at which the animal(s) are sold.
7.- By registering as a bidder and/or submitting a bid, each Buyer acknowledges that the Buyer has read, agrees to and shall be bound by these Terms of Sale, whether Bidder has read them or not.
8.- Each Buyer acknowledges that prior to the auction all Horses may be viewed for inspection. Inspection or Preview times will be announced under the description section of the online Auction. Unless otherwise indicated. (Due to COVID 19, restrictions are in place and special arrangements must be made to physically view the horses prior to sale.) Contact the University of Florida, Department of Animal Science Equine Science Program directly to schedule viewing/inspection.
9. BIDDING & EXTENDED BIDDING: A SOFT CLOSE bidding system will be used. Bidding will begin to close May 16, 2020 at 4:00 pm (EST). If any bids are received within the last 10 minutes of the sale close, an additional 10 minutes will be added to entire the sale. Only after a 10-minute period with no additional bidding passes, will the bidding on all horses close.
A bidder may place individual bids. Alternatively, a Bidder may place maximum (proxy) bids where they declare the maximum dollar amount they want to bid, and the computer will bid on their behalf until they have successfully purchased the horse or the asking price exceeds the amount of their maximum bid.
10.- In the event the Buyer fails to pay the full purchase price of any Horse within the prescribed time or fails to comply with any other Terms of Sale, such buyer will lose the deposit, if any. AAG, LLC shall retain a possessory lien on all Assets of the Buyer and have the right to resell such Assets for and on behalf of the Seller by public or private sale without notice of any kind to the Buyer. Legal action may be pursued in a Levy County Court House.
11.- Successful bidder immediately acquires possession of all items purchased. It shall be the sole responsibility of the Buyer to insure, if desired, purchased Horse(s) immediately upon transfer of title and possession. AAG, LLC, and the Consignor (UF ASD ESP) shall not be responsible for any loss or damage to any Assets/Horses in transit. There will be a $200 deposit required immediately after close of auction, after seller confirmation to all successful bidders. This deposit is non-refundable.
12.- No sale shall be invalidated by reason of any defect or inaccuracy in any of the Assets being incorrectly described in any catalog, on HIBID.com, or elsewhere, and no liability shall be borne by AAG, LLC with respect to any such fault or errors. While descriptions are believed to be accurate, AAG, LLC or the Consignor make no warranties or guarantees expressed or implied, as to the genuineness, authenticity of, or defect in any Assets and will not be held responsible for any advertising discrepancies. The descriptions contained in any catalog and information posted on AAG, LLC, has been prepared as a guide based on information from sources generally believed to be reliable and from the Consignor (UF ASD ESP), but the accuracy thereof cannot be guaranteed or warranted by AAG, LLC. Bidder acknowledges responsibility to inspect all Assets and make independent inquiries.
13.- BUYER ACKNOWLEDGES THAT PRIOR TO BIDDING, AN INSPECTION PERIOD IS AVAILABLE OF THE HORSES UP FOR BID, THAT ALL STEPS NECESSARY TO INDEPENDENTLY SATISFY HIMSELF OR HERSELF REGARDING ANY CONDITION OR ASPECT OF ANY HORSE HAVE BEEN TAKEN, AND THAT BUYER IS NOT RELYING ON AAG, LLC, NOR IS AAG, LLC LIABLE FOR ANY SUCH MATTER. BUYER FURTHER ACKNOWLEDGES THAT THERE ARE NO GUARANTEES OR WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, OF ANY NATURE WHATSOEVER MADE WITH RESPECT TO ANY HORSE. EACH AND EVERY HORSE IS SOLD "AS-IS, WHERE-IS." BIDDERS BID AT THEIR OWN RISK! AAG, LLC MAKES NO REPRESENTATION OR WARRANTY AS TO THE CONDITION OF ANY ASSET.
14.- BUYER ACCEPTS THE ASSETS PURCHASED SUBJECT TO ALL TERMS OF SALE. BUYER DOES HEREBY WAIVE, RELEASE AND DISCHARGE ALL CLAIMS OF ANY KIND OR NATURE AGAINST Affinity Auction Group, LLC OR THE CONSIGNOR University of Florida Department of Animal Science Equine Science Program, ITS AGENTS AND EMPLOYEES FOR ANY DAMAGES OR INJURIES RESULTING FROM THE PURCHASE, POSSESSION OR USE OF THE PURCHASED ASSETS, OR CLAIMS FOR PROXIMATE OR CONSEQUENTIAL DAMAGES ARISING THEREFROM.
15.- Bidder shall INDEMNIFY AND HOLD HARMLESS the University of Florida, its agents, employees or representatives thereof, from all loss, cost, expense, including attorney fees, any claim arising from the sale of a horse in the University of Florida - Sale in the Swamp.
16.- If, for any reason whatsoever, University of Florida is unable to make any purchased Horse(s) available to Buyer or otherwise effect delivery of any Horse(s) with clear title to the same, or any necessary documentation required in respect of any Horse(s) whether before or after delivery of such Horse(s), AAG, LLC's sole liability shall be to return to Buyer any monies paid by Buyer for such Horse(s), upon return (if applicable) of the Horse(s) by Buyer.
17. -PAYMENT & PICKUP There will be a $200 deposit required immediately after close of auction to all successful bidders. Credit Card Payment is required unless approved by seller prior to close of the sale. This deposit is non-refundable. The credit card used for registration will be charged for the deposit and winning bids, unless arrangements are made with AAG, LLC or UF DAS ESP to pay with Cash or Cashier's Check. Payment by personal check, must be preapproved by AAG, LLC or UF DAS ESP. An Invoice for each purchase will be sent via email to the address used for registration. The balance of the invoice(s) must be paid in full and animal(s) must be removed from the Sale Site by May 20, 2020 at 5:00 pm, unless prior arrangements have been made with the UF Department of Animal Sciences. All costs, responsibility and risk of such removal shall be borne by the Buyer and, in every case, the Buyer shall use prudence in effecting such removal. A Boarding Fee of $15/day will apply to any animals remaining after 5:00 pm, Wednesday, May 20, 2020.
18.-PAYMENT & OWNERSHIP TRANSFER The credit card used for registration will be charged for winning bids, unless arrangements are made from AAG, LLC or UF DAS ESP to pay with cash or cashier's check, and personal check with preapproval. There will be a $200 deposit required immediately after close of auction to all successful bidders. This deposit is nonrefundable. Credit Card Payment is required unless approved by seller prior to close of the sale. Any unpaid balances will be charged to the credit card used at registration at 5:01 p.m. on 5/20/20. No Credit Card Chargebacks.
Credit Cards, Cash or Cashier's Checks are accepted. Personal checks must have preapproval. Affinity Auction Group, LLC and the University of Florida reserve the right to refuse personal check and credit card payments at any time. All Animal Registration Papers and Transfers will be signed and provided upon payment and pick up of animal(s). Buyer is responsible for all breed registry transfer and membership fees. A 3% handling fee will be applied to all balances paid by credit card.
No Credit Card Chargebacks. YOU agree that such YOU will not, under any circumstances, initiate a credit card chargeback with respect to any purchases at the Auction. YOU further agree that if, in violation of these Terms and Conditions, a credit card chargeback is initiated, these Bidder Terms and Conditions will be conclusive evidence of YOUR agreement not to initiate a credit card chargeback; and YOU acknowledge and agree that on the presentation of these Bidder Terms and Conditions to the bank, credit card company, or other financial institution that issued the credit card on which charges were made, such bank, credit card company, or other financial institution will reverse or deny any credit card chargeback, and will re-credit all amounts to or for the account of Auctioneer. If, in violation of these Bidder Terms and Conditions, YOU initiate a credit card chargeback, even if successful, YOU will remain liable for all purchases made at the Auction, and YOU will be responsible for all costs and expenses, including attorneys' fees, incurred by or on behalf of Auctioneer and/or any Seller(s) in challenging the credit card chargeback and in collecting payment.
GOVERNING LAW - The University of Florida, Department of Animal Sciences is a Florida based non-profit educational organization. All horses in this sale are offered according to the laws of the State of Florida and all transactions between the Bidder and Seller will be governed by those laws.
AAG, LLC uses a third-party software for online auctions. The auction company nor the software provider will be responsible for any interruption in service, errors, caused by any means including power failures or website outages. This auction is conducted electronically and relies on hardware and software that may malfunction without warning. The Auctioneer, in its sole discretion, may void a sale, suspend bidding, change the auction's ending time, and re-sell any item/lots that were affected by any malfunction. The decision of the Auctioneer is final as is the case in a live auction.
Affinity Auction Group, LLC reserves the right to change any auction's ending time.
Check the auction notes for updated information.