Terms
TERMS OF SALE AGREEMENT FOR OWNER/SELLERS AND BUYERS WITH TENNESSE MULE SALE, LLC
When you register and/or bid and/or consign you are agreeing to Tennessee Mule Sale’s Terms of Sale Agreement. Tennessee Mule Sale, LLC is a Tennessee Corporation meaning all transactions and disputes are governed by Tennessee Law.
1. LIMITATION OF LIABILITY – Tennessee Mule Sale, LLC is an independent contractor regularly engaged in the business of conducting online timed consignment sales of equine livestock such as horses, mules and donkeys and is recognized as “sale management”. These sales provide a public means via live, online video and/or timed auctions, to bring together a seller and a buyer for the purpose of completing the sale of specified equine livestock. Tennessee Mule Sale , LLC holds no ownership interest in any equine livestock offered for sale, and is not responsible for any liability whatsoever, including, but not limited to, the loss, damage, injury, death or illness of any equine livestock, person or property before, during or after the sale. In the event of any legal dispute between a buyer and owner, Tennessee Mule Sale, LLC will occupy the position of agent for a disclosed principal and stakeholder and will be discharged from all obligation upon delivery of any property and/or funds held, to a court having jurisdiction of such dispute.
2. “AS IS” POLICY – any and all equine livestock (Horses, Mules, Donkeys, etc.) sold through Tennessee Mule Sale, LLC is sold “AS IS” with all defects. Any and all participants (Bidders, Buyers, Sellers, etc.) in the online bidding auction of equine livestock through Tennessee Mule Sale, LLC consents to this “AS IS” policy. Tennessee Mules Sale, LLC holds no liability to the defects of the equine livestock, nor does Tennessee Mule Sale, LLC review equine livestock prior to the online bidding auction.
All online displayed equine livestock information has been provided by the Owner/Seller and has not been verified by Tennessee Mule Sale, LLC. Any and all errors and announcements have not been verified by Tennessee Mule Sale, LLC. The accuracy of all information regarding all equine livestock is the sole responsibility of the Owner/Seller. While information may have been received from third parties on behalf of the Owner/Seller, it is the sole responsibility of the Owner/Seller to verify that all information is true and correct. If a Buyer needs further information or clarification of the equine livestock, it is the responsibility or the Buyer to contact the Seller/Owner. Tennessee Mule Sale, LLC nor any affiliate/representative of Tennessee Mule Sale, LLC is liable for errors or omission of any written or verbal descriptions of the equine livestock.
3. BUYER REGISTRATION/PRE-SALE PURCHASE ARRANGEMENTS - Every potential buyer must pre-register prior to bidding. Tennessee Mule Sale, LLC reserves the right to accept or reject any request for seller, buyer or owner participation on this online auction for Equine Livestock. Non-US Bidders/Foreign buyers are welcome. To participate in the online auction, please note that we only accept United States funds and require a form of positive identification.
All payments must be made directly to Tennessee Mules Sales, LLC. Methods of payment accepted from all buyers are:
- US Bank wire transfer
- US Cashier’s Check
- US Cash
- Mastercard, Visa, Discover & American Express or Debit card – a convenience fee of 3.5% shall be charged for all credit or debit card purchases (which shall be paid by the buyer as part of the purchase price for the equine livestock purchased)
- US Bank Drawn Pre-Approved Check-All approved checks must be cleared before equine livestock is transported.
**A 3% office processing/buyers transaction fee will be added to the final bid for any equine livestock purchased to determine the total purchase price.
As a bidder if you win an auction you are required to make transport arrangements with the seller within 48 hours at the end of the auction, contact the seller and make all necessary transport arrangements with the seller of the equine livestock. Tennessee Mule Sale, LLC is NOT RESPONSIBLE for making said arrangements and payment MUST BE CONFIRMED prior to arrangements being made.
4. ELECTRONIC COMMUNICATION – Any and all participants in the online bidding auction for equine livestock through Tennessee Mule Sale, LLC (such as buyers, sellers, bidders, etc.) consent to receive electronic messages involving any and all information pertinent to the online bidding auction of equine livestock through Tennessee Mule Sale, LLC. These electronic messages may be via text, email and/or phone which may be sent through an automatic system from Tennessee Mule Sale, LLC and/or its affiliates.
5. BIDDING PROCESS, DISPUTES, MALFUNCTIONS – In the event a dispute arises between two or more competing bidders, Tennessee Mule Sale, LLC reserves the right to reject and/or accept any and all bids. Further, Tennessee Mule Sale LLC shall settle any and all disputes and that decision shall be final and binding on all parties/bidders.
In the event of known equipment malfunction with the online bidding website, the auction shall immediately be stopped. If the malfunction has not affected the sale of the equine livestock already sold prior to the malfunction, they shall be considered sold. Once the malfunction errors have been corrected, the auction will proceed from where it had originally left off. When bidding on equine livestock as a bidder you have the option to compete in the auction and place one bid at a time or just put in a maximum bid and allow the proxy bid software to bid the lowest amount possible on your behalf each time you are outbid. Each auction will have a scheduled end time/date but be aware that during the last 10 minutes of the auction that 2 minutes will be added to the clock every time that a bid is placed so that there is no chance of a last-second “sniper” bid which is so common on other bidding sites as time expires.
6. OWNERS/SELLERS RIGHT TO BID -The right to bid is reserved by the Owner/Seller. To protect the desired sale price for the equine livestock, Tennessee Mule Sale, LLC reserves the right to bid on the behalf of the Owner/Seller up to the amount of the reserve bid. If the Owner/Seller or its representative makes a final bid equal to or greater than the reserve, the owner will pay the 13% sale commission due. Tennessee Mule Sale, LLC is not responsible in anyway or liable if consigned equine livestock is sold or not sold, results may vary per equine livestock/auction. Tennessee Mule Sale, LLC is not responsible or liable in any way if a non-payee (winning bidder)or a fraudulent/problem bidder bids and or wins a bid, Tennessee Mule Sale, LLC is not obligated in any way to reimburse owner for any cost or fees for unsold equine livestock or fraudulent/problem bidders. Tennessee Mule Sale, LLC makes no guarantees of results or responsible for results.
7. WARRANTIES & EXPRESSED LIMITED WARRANTIES – Buyers are highly encouraged to pre-inspect and carefully examine any and all equine livestock prior to bidding or purchasing of any and all equine livestock listed on the online bidding auction website. For example, potential buyers, have the option to have a Vet examine any equine livestock (at the Buyer’s expense) prior to the close of budding. Owners/Sellers must consent to this vet examination prior to it being performed. BUYERS CANNOT HAVE WHAT IS KNOWN AS A COMPLETE PRE-SALE VETERINARY EXAMINATION OF ANY EQUINE LIVESTOCK AFTER PURCHASE. In addition to obtaining more information from the Owner/Seller and getting a Veterinary Examination, the Buyer has the option (with the consent of the Owner/Seller) to go and inspect and ride any equine livestock prior to the Buyer bidding on said equine livestock. If the Buyer chooses to test ride the equine livestock AFTER he or she has won the bid, and is displeased, they WILL NOT be able to back out of the purchase.
Tennessee Mule Sale, LLC has no warranty, express or implied, or any representative as to the soundness, condition, merchantability or fitness for any particular purpose of any equine livestock offered for sale. As stated above, all equine livestock are sold “AS IS” with all existing conditions and defects. Any guarantees announced verbally on behalf of the owner are strictly between owner and buyer.
8. TITLE AND RISKS – Once the buyer has made the final and winning bid title transfers immediately from the Owner/Seller to the Buyer. This includes all risk of loss including but not limited to illness, injury or death of the equine livestock. Once title has been transferred to the winning buyer, the winning buyer assumes all responsibility for the care and maintenance of the equine livestock and/or for any loss or damage to property and for injury of death of the equine livestock and/or persons caused by the equine livestock, buyer or buyer/s affiliates, representatives or employers. Additionally, the Buyer and Owner/Seller agree that Tennessee Mule Sale, LLC shall be held harmless for such loss or damage.
TITLE AND RISKS ARE ASSUMED BY THE BUYER WHETHER OR NOT SETTLEMENT AND DELIVERY HAVE BEEN MADE. THIS SHALL ESPECIALLY BE THE CASE WITH PURCHASES MADE BY PHONE OR ONLINE.
9. PERSONAL CHECK LIABILITY - Any person issuing and signing a pre-approved personalized check or authorizing a credit card purchase in the State Of Tennessee will be held liable for the amount of the transaction. Writers of any returned check or disputed credit card purchases will be turned over to the local district attorney and will be prosecuted to the fullest extent of the law. In addition to a $50.00 NSF charge, there will be a $500.00 fee for all returned checks that are not repaid by banking wire transfer within one day of the return date of the check.
10. BUYERS IN DEFAULT - Buyers who fail, in any respect whatsoever, to completely pay for any equine livestock under these terms mentioned throughout shall be declared in default. Any equine livestock purchased by a default buyer may be resold by the Owner/Seller at public or private sale without notice for the buyer's account. Any and all expenses and cost for such resale will be the sole financial responsibility of the default buyer. Should such resale fail to satisfy the default buyer’s account in full, the default buyer shall immediately pay to the Owner/Seller, the amount owing or be subject to legal suit. The default buyer shall be responsible for any and all expenses and costs, including attorney’s fees incurred by Owner/Seller or Tennessee Mule Sale, LLC in collection of amounts owing for the equine livestock purchased, or in enforcement or interpretation of this Terms of Sale Agreement.
11. LIEN/SECURITY INTEREST - To secure the payment of the purchase price and expenses for any equine livestock purchased, together with all other indebtedness owed or hereafter owing by the buyer to seller the buyer hereby grants a purchase money security interest and lien in and to each equine livestock and all accounts, contract rights, registration papers, breeder’s certificates, records, general intangibles, proceeds and products relating thereto.
12. RELEASE OF REGISTRATION CERTIFICATES – Payment shall be complete, received and cleared prior to the release of the registration certificates for the purchased equine livestock. All paperwork shall be held by the Owner/Seller until the Buyer’s payment becomes unconditional payment. NO EXCEPTIONS SHALL APPLY.
13. POST SALE TRANSPORTATION ARRANGMENTS – Any and all arrangements made to retrieve the Buyer’s purchase/equine livestock from the Owner/Seller is between the Buyer and Owner/Seller. All sold equine livestock must be removed from the Owner/Seller’s property in a reasonable timely manner as agreed between Buyer and Owner/Seller. Sold Equine Livestock on the Owner/Seller’s property remain at the risk, responsibility, and expense of the Buyer. Any delays in transportation must be pre-approved by the Owner/Seller, or the Buyer may pick up their purchase in person.
In the event a transport company (domestic or international transport) is needed to retrieve the Buyer’s purchase/equine livestock, this arrangement of transportation shall be between the Buyer and Owner/Seller and shall be at the expense of the Buyer.