TERMS AND CONDITIONS OF THE SALE
Thank you for participating in the 2021 Diamond-McNabb Ranch Horse Sale Fall Internet Offering. Please be aware of the following Terms and Conditions of the Sale, which will apply to all sales and which provisions are deemed accepted in their entirety by all prospective participants, bidders and buyers.
1) Representations. EXCEPT TO THE EXTENT EXPRESSLY STATED HEREIN, DIAMOND-MCNABB AND INVITED CONSIGNORS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THOSE SPECIFICALLY DESCRIBED HEREIN. Although efforts have been made to assure accurate representations of the horses’ current condition, history and performance record, all horses are sold “as-is” and “where-is”, except as otherwise expressly stated herein.
Diamond-McNabb or the consignor, whichever is the Seller of a given horse, represents as follows:
a. Good title to the horse is held by Seller and will pass to Buyer.
b. The horse is sound of limb, heart, eyes and wind as of sale day. See Section 5 on soundness guarantee for full explanation.
c. The horse is not a known cribber.
d. The horse is accurately described as to age and sex. In the case of stallions, this means that both testicles are descended on sale day. In the case of unregistered horses, this means that age is represented to the best of the seller’s ability and knowledge.
. The horse has passed a Coggins test (obtained a negative result) in the 6 months prior to sale day. Coggins papers will be given to Buyer upon payment.
CORRECTIONS OR CONDITIONS ANNOUNCED BEFORE OR DURING THE OPEN BIDDING PERIOD TAKE PRECEDENCE OVER PRIOR DESCRIPTIONS, AND THEREFORE CONDITIONS ANNOUNCED ONLINE, ON OUR APP, OR IN VERBAL OR WRITTEN COMMUNICATION BETWEEN SELLER AND BUYER ARE ACCEPTED BY BUYER AND WILL NOT VOID, OR ALTER THE TERMS OF, ANY SALE. PLEASE PAY CAREFUL ATTENTION TO ANNOUNCEMENTS AND PERSONALLY CONTACT US TO DISCUSS THE HORSES BEFORE YOU BID.
2) Bidding and Sales. The Sale is complete, and the risk of loss and responsibility for the horse pass to Buyer, when the online bidding window for the horse has closed.
- The Buyer is the highest bidder at the time of online auction closure, as recognized by the internet bidding platform hosted by Auction Mobility and Diamond-McNabb LLC. If sale management believes a legitimate dispute may exist between multiple bidders due to submission of simultaneous bids or other grounds deemed as reasonable by sale management, the bid with the most recent timestamp as recorded by Auction Mobility’s online auction platform will determine the winning bidder.
- All Diamond-McNabb horses will sell unless their predetermined reserve price has not been met, in which event the Seller may reserve the right to “no sale” or “pass out” their horse. Seller reserves the right to set reserve price prior to the opening of the online bidding period, but Seller may not alter the reserve price after the online bidding period has opened.
- If payment is not made by Buyer, then Seller and/or Diamond-McNabb may pursue any legal remedy, including enforcement of the transaction by specific performance.
- The Buyer grants Seller a security interest in the horse until such time as payment in full has been received by Seller. Title may be withheld by Seller until payment in full has been received.
3) Payment. Payment for all horse purchases and any related fees should be made to Diamond-McNabb, LLC. Personal checks, money orders, cashier’s checks and some major credit cards (a surcharge of 2% will apply) are accepted. Please have personal identification available. All payment will be made in U. S. currency. Thank you.
- AQHA, APHA and other registration paper transfers will be the responsibility of the buyer. Original registration certificates and a signed transfer will be mailed to the buyer after expiration of the 30-day Good Fit Guarantee.
- For any payments returned by the bank or paying institution, Buyers will pay a return processing fee of $20.
4) Guarantees of Soundness and Good Fit. Diamond-McNabb, LLC wants to run an honest sale of quality horses. In an effort to help Buyers obtain the right horse for them, we offer the following Guarantees.
- All horses will have a Soundness Guarantee (limb, heart, eyes and wind) for 72 hours after the closure of the online bidding window. Soundness is defined as normal breathing, clear vision and no limping. In the event of unsoundness of limb, heart, eyes, or wind, Buyer must provide notice to Diamond-McNabb, LLC within the 72 hour period. After Buyer returns the horse and its condition is verified and the return is approved by Diamond-McNabb, LLC, Buyer will receive a full refund of the purchase price. Unsoundness will constitute a limp, unclear vision or unclear breathing as determined by Diamond-McNabb, LLC. Diamond-McNabb, LLC does not accept returns under the soundness guarantee based on a post-purchase exam, comment or opinion of your veterinarian or any other individual, but maintains full authority to determine whether the horse is limping or unclear of vision or wind upon the horse’s presentation to our management staff within 72 hours of the sale.
- All horses age 3 and older will have a Good Fit Guarantee from the time of closure of the horse’s online bidding period until 10:00 PM MDT on October 19, 2021. In the event that a Buyer is dissatisfied with the horse’s performance (not soundness) during that period, he or she may contact Diamond-McNabb, LLC during that period and return the horse for credit towards one of our sales within the following 365-day year, subject to the following:
The horse must be delivered to Diamond-McNabb within 72 hours of approval to return the horse, and must arrive in sound condition.
Sale credit will be given up to the amount of the purchase price (excluding service fees, taxes and registration fees, if any) of the horse returned.
Sale credit must be used in the following year and may not be carried forward to future years.
Sale credit is not transferable to other parties.
Unused sale credit will not be refundable by Diamond-McNabb, LLC whether a new horse is purchased or not.
1. For example, if a Buyer acquires a horse in 2021 for $10,000 and returns it under this guarantee, and subsequently purchases a horse using sale credit in 2022 with a winning bid of $9,000, then the Good Fit Guarantee is completed; no further credit or refund will be due.
Notwithstanding anything to the contrary in this section 5, Diemer True or Ken McNabb shall retain sole discretion and final authority to determine whether any claim under the Soundness Guarantee and the Good Fit Guarantee will be approved.
5) Miscellaneous. These Terms and Conditions shall be binding upon and shall inure to the benefit of the parties and their respective heirs, legal representatives, successors and assigns. This Agreement shall be controlled, construed and enforced in accordance with the laws of the State of Wyoming. Venue for any action between the parties shall be in the Seventh Judicial District, Natrona County, Wyoming. Time is of the essence in the performance of the rights, remedies and obligations contained herein. These Terms and Conditions contain the entire understanding of the parties and supersede all previous and contemporaneous statements, negotiations, agreements, representations or understandings, whether written or oral.
6) Production Horse Amendments. The following two conditions apply to all sale horses age 2 years and younger only:
- Neither Diamond-McNabb nor other Sellers will offer a Good Fit Guarantee on these young horses. They may not be returned under this Guarantee.
Please be aware that Wyoming law recognizes that there is “inherent risk” associated with equine activities, and that risk is assumed by the participant rather than the provider of the equine activity.
“Any person who takes part in any sport or recreational opportunity assumes the inherent risks in that sport or opportunity, whether those risks are known or unknown, and is legally responsible for any and all damage, injury or death to himself or other persons or property that results from the inherent risks in that sport or recreational opportunity.”
WS 1-1-121, 122 and 123.