TERMS & CONDITIONS
1. Bidding: Person’s attending the sale in person must provide a driver’s license to obtain a bidder number. Bidders must be 21 years of age and be a customer in good standing. The highest bidder is the buyer. If any dispute arises between or among two or more bidders, sole authority to settle the dispute as he sees fit is reserved by the auctioneer and the decisions shall be final. Seller reserves the right to waive the sale (bids) of his/her horse before it leaves the ring. The auctioneer reserves the right to reject any or all bids. Sale of a horse is completed by the auctioneer at the fall of the gavel. We reserve the right to refuse bidding to anyone.
2. Internet Live Bidding & Absentee Bidding: The internet live bidding is provided by www.myequineauctions.com and you can find it under current auctions at that link. You will need to create an account with My Equine Auctions if you don’t already have one by using an email & password.
- To register for Diamonds in the Desert Horse Sale, you will need to provide all your personal information including a credit card. Your credit card will be charged with a $1 fee for authorization but credited back once authorized.
- IPAD & IPHONE – download our iTunes APP
- Android – download our Android App
- Absentee/Pre-bidding online is always allowed an encouraged. Technology is a great tool but not always our friend. Worried about your internet failing?! Get your bids in early. Can’t make the sale? Place your absentee bid online. Our system will bid automatically for you at the next increment up to your maximum bid if need be. You are the only one that knows your max bid.
- There will be a 3% Buyers Fee charged for all Internet Bidders, a 3% convenience fee for paying with a credit card, and an 8.25% sales tax fee.
3. Payment: Payment in full must be made to the cashier immediately after the sale in US Currency by Cash, Credit Card, or Check. If paying with a check, buyers must have a notarized letter of credit from their bank. An 8.25% sales tax fee will be added to all sales. A 3% convenience fee will be charged if payments are made with a credit card. By making payments with your credit card, by cash, or check you acknowledge that you waive the right for a return of horse(s) purchased after the required date of Saturday, December 15th, due to the soundness guarantee stated along with any and all refunds of monies paid in conjunction with any purchases at this sale/auction from MM Auction Services, LLC. MM Auction Services is a pass-through agency and does not hold funds for guarantees, returns or refunds of monies paid on animals purchased at auction. All registration papers will be withheld until funds clear the bank, 10 business days from the date of the sale along with transfer certificates.
4. Private Sales: Absolutely no private sales with consignors either prior to the sale or after the auction. All horses brought to the sale are consigned and must go through the auction ring. Consignors have given MM Auction Services, LLC Exclusive Rights for selling the consigned horses. Management feels this is unfair to the consignors and buyers who have traveled to attend the sale.
5. Requirements for Transport:
- A. Brand Inspection – Required on all sale horses: A brand inspection (AKA Ownership Papers) must be obtained from the brand inspector once you have paid for your horse(s). Fees will be included with horse payment at checkout.
- B. Coggins Test – Required for transport into and out of Nevada: All horses SOLD are required to provide a negative coggins test current within six months of sale date (provided by consignor).
- C. Livestock Health Certificate – Required for transport out of Nevada: A veterinarian will be on grounds to provide all horses going out of state a current health inspection. Fees will be included with horse payment at checkout.
6. Transporters: Elite Horse Transport, LLC will be at the sale waiting to take care of you and your horse. Contact them ahead of time if you’d like @ 888-477-0100 or elitehorsetransport.com. They will have four trucks and trailers there ready to deliver your dream horse safely.
7. Care of & Horse Pick-Up: Buyer assumes full ownership and responsibility of the animal from the time it is sold in the sale ring. It is the new owner’s responsibility and sole risk from the time of purchase for proper feed, care, and maintenance. Buyer’s will be responsible to pick-up purchased horse(s) immediately following the sale or a $75/night boarding fee will be assessed. Horses are allowed to stay one night following the sale at the Plaza for a nightly stall fee of $50. Do not take sale numbers off the horses as they will be needed for check-out through security. The buyer and sale attendees further agree to hold the consignor and Diamonds in the Desert Sale harmless from all loss, cost and expense arising from illness, injury or death of such animal, or loss or damage to property, and injury or death of persons, caused by themselves, their agents, or employees, or by the animal, subsequent to the time of purchase.
8. Equine Insurance: Northwest Equine Insurance will be at the sale waiting to take care of you and fully cover your horse(s). Contact them ahead of time if you’d like @ 800-828-0279 or northwestequineinsurance.com. Nationwide Coverage with Multiple ‘A’ rated Companies.
9. Warranty: Animals that are rejected by the buyer because buyer believes they were misrepresented in the ring will need to be inspected by Colby Gines and/or Colby’s agent. Colby will make the final determination whether there was misrepresentation. There is no implied warranty made by auctioneer or sale company as to the merchantability or fitness for a particular purpose of any animal in the sale. The seller is the responsible party for all representations or warranties, expressed or implied concerning the condition of any horse and buyers should satisfy themselves concerning the condition before purchasing.
10. Soundness Guarantee: The buyer is the responsible party to examine horses carefully before they bid. All horses consigned have passed a veterinary soundness exam prior to the sale consisting of a flex test – sound in the limb, wind, and eyes. All horses are sold sound and with a vet certificate within 30 days, that at the time of inspection the horse was sound unless other announcements are made at the time of sale from the auction block. This soundness guarantee is between buyer and seller only and does not include any other persons. There will be a vet on sight to answer any questions buyers may have. Each horse sold at Diamonds in the Desert Performance Horse Sale is guaranteed sound by the consignor. Unless otherwise stated, all horses will be sold sound until Saturday following the sale by noon. If the buyer feels the horse is not considered sound, the buyer has until December 15th @ noon to have Colby Gines and/or his agent inspect the horse in Las Vegas. Colby Gines will make the final decision as to soundness of the horse. If the horse is considered unsound, the buyer will be returned his purchase price less fees. Each consignor will be totally responsible for guarantees they make on their animals and guarantees will be made only from the auction block while the animal is being sold. Absolutely no guarantee or warranty will be expressed or implied by the auctioneers or ringmen. Effort has been made to insure correctness of the catalog and all printed material. However, employees and auctioneers will not assume responsibility for errors or omissions, but appreciate having them called to their attention. Announcements in the ring take precedence over printed information, pay close attention to the announcements. Shall any soundness disputes arise, Colby Gines and/or his agent will be the sole deciding judge. In the event it is determined that the defect was present at the time of sale and not announced, the sale of said horse shall be null and void and the consignor still pays commission plus a no sale fee. If the horse is determined by the Sales Management, not to have the alleged defect the sale of said horse is valid and enforceable and purchaser assumes all costs of examination, treatment, and sale purchase price. In settling disputes, the decision by Colby Gines is final. Soundness does not guarantee pass of a check by your vet following the sale. We highly recommend you going to ride and visit the horse giving you confidence you need to bid come sale day. Make sure you do your homework and shop the horses extensively. Ask questions about disposition, manners, attitudes, faults, riding ability comparisons, etc. Take advantage of the previews and pre-inspect horses prior to purchasing. Once you bid on a horse, you are indicating you have done your homework enough to satisfy yourself and no one else is responsible. The consignor of each animal represents and warrants to the buyer and Diamonds in the Desert Performance Horse Sale to include but not limited to the following:
- Title of the animal, free from all claims of ownership
- Sound of limb, eyes, and wind
- Not a cribber or wind sucker
11. Stalls following the sale: All horses can stay in their current stall for the night following the sale at a rate of $50/stall. They must be checked out by noon the following day. If you want a stall for longer, check with management to make arrangements.
12. Loading out: Buyers must have a release from the office for all load outs. Brand inspector and veterinarian will be on sight sale day for all proper paperwork.
13. Liability: Buyers, sellers, and spectators are cautioned to exercise care while attending the sale and enter premises at their own risk according to the laws of the State of Nevada. Neither the owners nor any other persons connected with this sale assume any liability, legal or otherwise, for accidents to persons or property, before, during, or after the sale. Colby & Codi Gines, Diamonds in the Desert Performance Horse Sale Committee, MM Auction Services, LLC; its principals, directors, officers, agents, employees and volunteers, and each and every landowner, municipal and/or government agency upon whose property this activity is conducted, shall not be liable for injuries sustained by anyone attending the Diamonds in the Desert Performance Horse Sale. MM Auction Services, LLC & its associates act as agents only and are not responsible for buyer/seller error or misunderstanding. All guarantees are strictly between the buyer and seller. Original Papers must be provided by the seller to MM Auction Services, LLC in order for any horse to be sold as a registered horse. In further consideration of this consignment, I agree to indemnify and defend MM Auction Services, LLC, Colby & Codi Gines, their agents and associates, from all injury, loss of equipment, loss of animal or damages to myself, my animals or damages or injury to others lien property from my animals, by entering this horse sale in Las Vegas, Nevada. The undersigned by executing this instrument delivers said property to MM Auction Services, LLC and declares themselves owner or legal agent and authorizes the sale thereof at public auction for his/her account according to its usual custom and represents the consignment is clear of all encumbrances unless listed above and may be legally sold. By purchasing a horse at Diamonds in the Desert Performance Horse Sale, I verify that I have read the above information and hereby agree to be bound by them.
For more information, please contact MM Auction Services @ 307-272-5039 or firstname.lastname@example.org