fbpx

Terms and Conditions

Last updated: October 9, 2020

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the http://huttersporthorseauctions.com website (the “Service”) operated by Hutter Sport Horse Auctions (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Account emails, along with inquiries may be used for email marketing. Option to unsubscirbe is available to everyone.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Hutter Sport Horse Auctions and its licensors.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Hutter Sport Horse Auctions.

Hutter Sport Horse Auctions has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Hutter Sport Horse Auctions shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Canada without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Liability

This agreement releases Hutter Sport Horse Auctions and representatives from all liability relating to injuries that may occur during activity, on location, or while using the services. By signing this agreement, I agree to hold Hutter Sport Horse Auctions and representatives entirely free from any liability, including financial responsibility for injuries incurred, regardless of whether injuries are caused by negligence.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Before the Auction

Buyer and Seller agree to these Terms and Conditions and affirm under penalties of perjury that all information furnished is true and correct.  Buyer and Seller represent and agree that he/she is of legal age and is competent to form a binding contract.

Each horse will be sold with professional conformation pictures, detailed sales video which can include free jumping, under saddle and loose if applicable, recent pre purchase exam done within 90 days of the sale, recent X-rays done within 90 days of the sale are highly recommend in all auctions but mandatory in Elite auctions or horses of high value. Buyers have the right to do any additional vetting on the horse.

Trials must be booked through Hutter Sport Horse Auctions or the owner prior to the sale.  Hutter Sport Horse Auction and it’s representatives are not liable or responsible for anything that may happen during the trial of a horse listed through the auction including but not limited to injury, damage to property or death while on the owners/ trainer/ farm owner’s property. it is up to the owner, trainer, or farm owner representing horse to have proper and valid insurance to cover their own liabilities.

Bidders must provide credit card information over the phone.

Bidding

Bidding must be done so in an honest manner and in the conducted time frame of the auction. Auctions happen the last 4 days of the month unless otherwise specified. If the highest bid is placed at 7:59 pm we will extend the sale 3 more minutes to allow higher bidders to come in. Winner/highest bidder will be contacted within 24 hours of the auctions closing time. Auction times can change depending on type and location.

Private trials may be booked before the start of the auction.

All horses are subject to a $3000 reserve for broodmares and $5000 for all other horses. If you’d like to put a higher reserve on your horse please contact Hutter Sport Horse Auctions prior to putting the horse live in the auction. Horses can be sold without reserves.

By placing a bid in this auction, the buyer agrees:

1) to be responsible for any purchase made or actions taken by an Agent authorized by Buyer to act on Buyer’s behalf;

2) that if the Buyer has the winning, final bid, or the accepted bid in the auction subject to Hutter Sport Horse Auctions’ confirmation, the buyer has entered into a binding contract to purchase the horse.

3) All registered bidder can be approved or denied by Hutter Sport Horse Auctions with no reason.

4) Buy Now Options can be made available at the discretion of the owner. This price would be the highest market value for listed horse. Anyone can Buy Now and skip the bidding line.

5) Registered bidders emails are used to update on bidding status, winning bid, outbid and auction marketing.

Payment

Sellers will be billed a $100 deposit fee at the time of horses entry. This payment will be non-refundable if the seller backs out. Once the horse is sold the deposit will go towards final sale amount. Additional fees incurred such as boarding, vetting, sales media etc must be paid for on the last day of the auction.

Buyers will be billed 7%   of the horses fee (non refundable) 24 hours after buying and this is to be paid immediately via credit card or paypal. Buyers have 4 business days to pay the remainder of the fee via wire transfer, certified cheque, or cash.

All sold horses are subject to 7% commision and standard government taxes.

All horses sold must leave the auction ground within the week of purchase. Transportation cost is the owners responsibility.

Within 7 days of receiving payment the horses ownership and paperwork will be sent to the new owner.

Warranty

Hutter Sport Horse Auctions does no warrant the sale of any horse. It’s the buyers responsibility to  do their due diligence before the sale to ensure the horse they bought will suit their needs.

All horses will be sold “as is” with no refunds. If the owner is unhappy with the purchase they may reenter in the next auction. If a dispute is unresolved and a lawsuit is filed, Hutter Sport Horse Auction will not represent either parties; lawsuits must be filed between owner/seller or vice versa.

Hutter Sport Horse Auctions will not release a horse to a buyer until the buyer has made full payment for the horse and funds have been verified. If a sale is rejected; if full payment is not submitted by specified deadline; or if the horse is not picked up by the specified deadline; the horse remains the property of the seller; the buyer loses the seven percent (7%) down payment submitted when receiving the winning bid. The Seller has the option to relist in our next auction completely free of charges including commissions, excluding board and vetting.

Hutter Sport Horse Auctions and their representatives are not responsible for misleading information, misrepresentation of the horse or lack thereof. All information submitted and displayed is provided by the owner of the horse.

Right of Refusal

Hutter Sport Horse Auctions reserve the right to refuse any bids without reason.

Contact Us

If you have any questions about these Terms, please contact us.