Auction Terms & Conditions NOMINATION & GRADING PROCESS/TOP MULES SELL AT SALE
1. CONSIGNMENT RUBRIC ~ the higher the consignor & their mule score, the better their chances are of selling at the sale.
There are 8 scoring areas: Consignor Status, Age, Ownership, Photos, Description, Conformation, Disposition, & Performance/Riding Ability. +3 “Superior” is what they will be shooting for in each area.
Our job is to ensure each mule is a good fit for our sale and buyers as well as our sale is a good fit for all mules and consignors alike.
2. Vet Check and Sifting Process @ the Sale Includes:
Sound of limb – visible unsoundness, structural problems or unsoundness affecting future soundness, including but not limited to ringbone, – not to be construed for a pre-purchase exam)
Sound in wind (no cribber or wind sucker)
Ground Work ~ Bridle, saddle, and pickup all 4-feet
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.
Consignor understands that if their mule doesn’t pass all stages of Chrome In The Canyon Premier Mule Sale’s vet check & sifting process, they will be pulled from the sale and consignment fee is forfeited. 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 mules, they will have those done ahead of sale time at buyers’ expense.
3. Bidding: Person’s attending the sale in person must provide a driver’s license and a Letter of Good Standing filled out by their bank to obtain a bidder number. Bidders must be at least 21 years of age. 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 & Phone Bidding: All internet and phone bidders must be registered to bid and have all pertinent forms emailed to the office by noon the day before the sale. Any bidders trying to register after this deadline, are not guaranteed to bid.
Internet Live Bidding: Internet bidding is provided by our company MM Auction Services, LLC. Go to 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. We would love to help just give us a call @ 307-272-5039. There will be no online buyers fee. However, we do charge a 4% convenience fee to pay with credit card. If you pay by e-check, there is no fee. Once registered to bid, your spending limit will be set at zero until you email a copy of your driver’s license & a Letter of Good Standing to email@example.com. We will then set your online spending limit. Please know that all online bidders must be registered by noon the day before the sale.
Phone & Absentee Bidding: Note that we do charge a 2% buyers premium for all phone and absentee bids. In order to bid, you will need to fill out our Phone/Absentee Bidding Form and a Customer in Good Standing Letter from your bank. All forms and a copy of your drivers license will need to be emailed to firstname.lastname@example.org. Deadline for phone bidding registration is the day before the sale by noon.
5. Payment: Payment in full must be made to the cashier immediately after the sale in US Currency by Cash, Credit Card, or Check. International purchases are payable only by wire transfer and secured by an authorized credit card for the full amount. (Card will be credited when the wire arrives.) A 4% convenience fee will be charged if payments are made with a credit or debit card. By making payment with your card, you acknowledge that you waive the right for a return of mule(s) purchased after the required date of Monday, May 11th, 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 8.1% Utah Sales Tax unless you are exempt. You are exempt if you plan on purchasing the mule for agriculture or if you are a reseller. For Utah resident, you will be required to fill a Resident Exemption Form out and turn it into our office before paying for your purchase. For a nonresident, you will be required to fill a Nonresident Exemption Form out and turn it into our office before paying for your purchase. Only resellers will provide a sales tax license number on the form.
Returned checks will be charged as a felony in the state of Utah, no exceptions. The size of a NSF 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 unless buyer pays in cash.
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 mules. All mules brought to the sale must be consigned and go through the auction ring. Any mules “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 mule sold at Chrome in the Canyon Premier Mule Sale is guaranteed sound by the consignor. If the mule is not considered sound by buyer, the buyer has until May 11th @ noon to have Colby Gines inspect the mule. Colby Gines will make the final decision as to soundness of the mule. If the mule 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 mules: A brand inspection (AKA Ownership Papers) is included with mule payment at checkout and must be obtained from the brand inspector once you have paid for your mule(s). $10 fee charge
Coggins – Required for transport into and out of Utah: All mules sold are required to provide a coggins test current within six months of sale date (provided by consignor).
Health – Required for transport out of Utah: A veterinarian will be on grounds to provide all mules going out of state a current health inspection. Fees will be included with mule payment at checkout. $10 per animal (International Health is additional $150)
9. Transporters: A & A Transportation 928-925-3743
10. Equine Insurance: Giddy Up Insurance 406-220-0260
11. Care of and 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 mule(s) immediately following the sale or a $50/night boarding fee will be assessed. Do not take sale numbers off the mules, 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 mule 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 mules with buyers. Once again, buyers need to do their homework well in advance of the sale.
13. Buyers Fees:
Tax applied is 8.1% unless you are exempt. You are exempt if you plan on purchasing the mule for agriculture or if you are a reseller. For exemption, you will be required to fill an Exemption Form out and turn it into our office before paying for your purchase. Only resellers will provide a sales tax license number on the form.
Brand Inspection: $10 brand inspection fee/mule by state law.
Health Papers (transport across Utah lines): $10 health inspection fee/mule (International Health requires additional $150)
Additional Buyer’s Fees: NO online buyers fee – 2% phone/absentee bidding fee – 4% credit/debit card convenience fee
14. Consignor’s Guarantee: The buyer is the responsible party to examine mules carefully before they bid. If buyer wants x-rays of a mule, it’s their sole responsibility to get them done before the sale at buyer’s expense. All mules consigned have passed a veterinary inspection prior to the sale. If they did not pass the vet check, they were sifted from the sale. All mules are sold sound that at the time of inspection the mule 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 mules will be sold sound until Monday 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 mule shall be null and void and the consignor still pays commission. If the Sales Management determines the mule, not to have the alleged defect the sale of said mule 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 any vet following the sale. We highly recommend you going to ride and visit the mule giving you confidence you need to bid come sale day. Make sure you do your homework and shop the mules 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 mules prior to purchasing. Once you bid on a mule, 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 Chrome In The Canyon Premier Mule 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
Be exactly what they represent them to be
If said mule is not what the consignor represents it to be, Colby Gines will be the sole decider. Consignor will be expected to take the mule back and give the buyers a mule that they claimed to have purchased. OR the consignor can refund the buyers money minus fees. A decision will be made based on what’s best for both parties. Whether the buyer did their homework or not, will also be taken into consideration.
15. Stalls following the sale: All mules can stay in their current stall until Sunday at noon. They must be checked out by noon Sunday following the sale. If you want a stall for longer, check with management to make arrangements. Stall fees and care rates do apply.
16. Loading out: Buyers must have a release from the office for all load outs. Brand inspector and veterinarian will be on site sale day for all proper paperwork. All mules must be removed from sale/stall area by Sunday 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 Utah. 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, Chrome In The Canyon Premier Mule 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 Mule 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 and all animals are sold “As Is”. 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 mule at this sale in Tropic, Utah (Bryce Canyon Mule Days). 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 mule at Chrome In The Canyon Premier Mule 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.
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