Auction Terms & Conditions 1. NOMINATION & GRADING PROCESS/TOP 75 SELL AT SALE
• Horses are nominated Juy 1-31 then scored using our rubric.
• CONSIGNMENT RUBRIC ~ the higher the consignor & their horse score, the better their chances are of selling at the sale.
• There are 8 scoring areas: Consignor Status, Pedigree, Age, Ownership, Photos, Description, Conformation/Disposition, & Performance/Riding Ability. +3 “Superior” is the score to get in each category.
• Our job is to ensure each horse is a good fit for our sale and buyers as well as our sale is a good fit for all horses and buyers alike.
2. Vet Check & Sifting Process @ the Sale
• Sound of limb – visible unsoundness, structural problems or unsoundness affecting future soundness, flex test - not to be construed as a pre-purchase exam
• Sound in eyes
• Sound in wind (no cribber or wind sucker)
• Dental abnormalities (missing tooth, parrot mouth)
• (Round Pen Work) Catch, bridle, saddle, and pickup all 4-feet easily
• (Arena) Ride off with tight cinch, no problem, and lope away
• Minor abrasions, cuts, or sores may be sifted unless it is likely to heal normally without veterinarian treatment and cause no long-term threat.
• 25% of sale horses will be random/draw drug tested during the vet check day for anti-inflammatory and tranquilizer drugs. Drug Screen – any horse showing the effects of drugs or medications will be automatically sifted from the sale.
• Consignor understands that if their horse doesn’t pass all stages of Diamonds in the Desert Horse Sale’s vet check & sifting process, they will be pulled from the sale. If we decide they’re out, they are OUT! No further testing will be done!
• They are to bring their BEST!
• Buyers understand that if they want x-rays of horses, they will have those done ahead of sale time at buyers’ expense.
3. Bidding: We reserve the right to refuse bidding to anyone. Bidders must be 18 years of age. Person’s attending the sale in person must provide a driver’s license and a verification of funds from their bank to obtain a bidder number. 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. The auctioneer completes sale of a horse at the fall of the gavel. We reserve the right to refuse bidding to anyone.
4. Internet Live Bidding & Absentee Bidding: Internet bidding is provided by our company MM Auction Services. www.mmauctions.online and you can find it under current auctions at that link. Click on “How it Works” to get started or call with questions. Absentee phone bids will also be placed this way. We would love to help just give us a call @ 307-272-5039. The is NO online buyers premium charged. There is no live phone bidding during the sale. These bids are absentee bids and placed with our office ahead of sale time. Your spending limit will be set at zero until you reply to the email we have sent you with the necessary documents. We will then set your online spending limit.
5. 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 or debit card, buyers must have a verification of funds from their bank. If paying with a credit card, buyers must have a notarized letter from their bank stating they are a customer in good standing. A 4% convenience fee will be charged if payments are made with any type of credit or debit card. By making payment with your credit/debit card, you acknowledge that you waive the right for a return of horse(s) purchased after the required date of Saturday, December 14th, along with any and all refunds of monies paid, etc. 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 sales are charged an 8.25% Nevada Sales Tax Fee. Returned checks will be charged $1500.00, no exceptions. The size of a NSF horse payment check classifies as a felony and will be turned over to the District Attorney for immediate prosecution. All registration papers will be withheld until funds clear the bank, 10 business days from the date of the sale along with transfer certificates.
6. Private Sales: Absolutely no private sales with consignors either prior to the sale or after the auction. Consignors have given MM Auction Services, LLC Exclusive Rights for selling the consigned horses. All horses brought to the sale will go through the auction ring. Any horses “no sold” in the ring but sold outside are expected to report it to the office. We will leave it up to the integrity of the seller to make sure this happens so the seller will be welcome back to the sale.
7. Guarantee: Each horse sold at Diamonds in the Desert Premier Horse Sale is guaranteed sound by the consignor. If the horse is not considered sound by buyer, the buyer has until December 14th @ noon to have Colby Gines inspect the horse. 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.
8. Requirements for Transport:
• Brand Inspection – Required on all sale horses: A brand inspection (AKA Ownership Papers) is included with horse payment at checkout and must be obtained from the brand inspector once you have paid for your horse(s). $10 fee charge
• Coggins – Required for transport into and out of Nevada: All horses SOLD are required to provide a coggins test current within six months of sale date (provided by consignor).
• Health – 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. $40 per animal (International Health is additional $150)
9. Transporters: Yoder Equine Transport, LLC (Licensed & Insured) will be at the sale waiting to take care of you and your next partner. Contact them ahead of time to get a quote @ 608-732-9333 or 478-387-8582. They will make sure your partner is delivered safely and in a timely manner.
10. Equine Insurance: Northwest Equine Insurance will be at the sale waiting to take care of you and fully cover your animal. Contact them ahead of time @ 800-828-0279 or northwestequineinsurance.com. Nationwide Coverage with Multiple ‘A’ rated Companies.
11. Care of & 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. Buyers will be responsible to pick-up purchased horse(s) immediately following the sale or a $75/night boarding fee will be assessed. Do not take sale numbers off the horses, as they will be needed for checkout. 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.
12. Warranty: Animals that are rejected by the buyer because they are misrepresented in the ring will need to be inspected by Colby Gines. 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. Consignors will not refund money because of human/animal personality conflicts. However, consignors are usually willing to trade horses with buyers. Once again, buyers need to do their homework well in advance of the sale.
13. Buyers Fees: Brand Inspection: $10 brand inspection fee/horse by state law. Health Papers (transport across Nevada lines): $40 health inspection fee/horse (International Health requires additional $150). State Sales Tax: 8.25% Nevada Sales Tax. If purchased online, 3% online buyers premium. If paid with credit/debit card, 4% convenience fee.
14. Soundness Guarantee: The buyer is the responsible party to examine horses carefully before they bid. If buyer wants x-rays of a horse, it’s their sole responsibility to get them done before the sale at buyer’s expense. All horses consigned have passed a veterinary inspection 2 days prior to the sale. If they did not pass the vet check, they were sifted from the sale. That means they were OUT! All horses are sold sound that at the time of inspection the horse was sound of limb, wind, and eye 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. Unless otherwise stated, all horses will be sold sound until Saturday following the sale by noon. Shall any soundness disputes arise; Colby Gines 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 Sales Management determines the horse, 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. Pay for x-rays if you feel you need them. 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 Premier 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
15. Stalls following the sale: All horses can stay in their current stall until Saturday. They must be checked out by noon Saturday following the sale. If you want a stall for longer, check with management to make arrangements. Stall fees and care rates do apply ($75/night/horse).
16. 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. All horses must be removed from sale/stall area by Saturday following the sale no later than noon or make arrangements with management and/or seller.
17. 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 Premier 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 Premier 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. In further consideration of purchasing at this sale, 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 newly purchased animals or damages or injury to others lien property from my animals, by purchasing a horse at this sale in Las Vegas, Nevada. The undersigned by executing this instrument delivers said agreement to MM Auction Services, LLC and declares them free of any and all claims. By purchasing a horse at Diamonds in the Desert Premier Horse Sale and/or executing this instrument, I verify that I have read the above information/terms & conditions in full and hereby agree to be bound by them.