The 1 Hour Auction - Terms and Conditions
Terms and Conditions
The purpose of the 1 Hour Auction is to provide Buyers and Sellers of miniature horses a venue to transact business. The auction will be in a Dutch Auction format, where a starting amount is offered as a suggested bid and that amount will be reduced on a regular basis. The miniature horses will continue to be offered for sale until a bidder clicks the "Buy Now" button to indicate a willingness to purchase a particular miniature horse at the amount currently displayed for that minature horse or the bid amount goes below what was established by the Seller as the "Reserve" amount for that miniature horse.
The 1 Hour Auction is designed to run on Mozilla FireFox version 3.0 and Internet Explorer version 7 or higher. Please only use these two browsers during the auction.
Java script must be active.
All conditions pertaining to the actual sales transaction are to be handled by contract solely between Buyer and Seller. MiniHorseStreet.com accepts no responsibility for any contract nor for any language within any contract. It is recommended that all contracts be prepared and reviewed by a licensed attorney.
Rules for Sellers
1. Seller must be a registered member of the MiniHorseStreet.com Farm Member Program.
2. Sellers offer their miniature horse(s) for sale in good faith and must complete any sale in a timely and professional manner.
3. Unless otherwise stated by MiniHorseStreet.com, the miniature horse offered for sale is registered, or able to be registered, with the AMHA and/or AMHR, Inc. All registration and transfer costs are to be assumed by the Buyer unless stated otherwise in the contract. Any known defects must be disclosed on the display page of the miniature horse, including but not limited to surgical procedures performed.
4. Lot Entries may include a single miniature horse or a package consisting of multiple horses.
5. The Seller agrees to sell the lot at any price above the seller’s declared "Reserve" price and at the Terms established by the Seller prior to the auction. Seller may decline the sale prior to providing a contract, if in Seller's opinion, such action would be in the best interest of the health of the horse.
6. Transportation costs are the responsibility of the buyer unless stated otherwise.
7. Seller agrees to board any purchased miniature horse for up to 60 days at no charge.
8. Seller agrees to provide Buyer with a contract via e-mail within 48 hours of the close of the auction.
9. Seller’s contract for purchase must include the right of Buyer to have a Veterinarian inspection at Buyer's expense prior to completion of sale.
10. Seller may refuse to complete the sale of the miniature horse if for any reason they determine the Buyer does not demonstrate the ability to properly care for said horse.
11. Sellers may sell their miniature horse prior to the auction or "Scratch" their horse from the auction. Seller must notify MiniHorseStreet.com at least 24 hours prior to the auction of any such intention. There are no refunds of Lot Entry fees, and no substitutions will be allowed within 7 days of the auction.
12. Seller agrees to indemnify Commercial Grade Software, Inc, MiniHorseStreet.com, its parent company, its agents, employees, advertisers and members for any loss or expense that may occur as a result of this transaction.
Rules for Buyers
1. In order to participate in the 1 Hour Auction, you must be registered on MiniHorseStreet.com. If you need to register, click the "Log In/Register" button on the top center of any page.
2. Buyers agree to purchase any and all miniature horses for which they are determined to be the winning bidder and to enter into a contract to purchase said horse(s) within 48 hours of receiving a purchase agreement from Seller.
3. Buyer accepts responsibility for all transportation and transfer costs of any horse(s) purchased at the 1 Hour Auction.
3. Buyer acknowledges that any issues of warranty on the miniature horse(s) purchased are solely between Buyer and Seller and in no way are the responsibility of MiniHorseStreet.com, its parent company, or any of its agents, employees, advertisers or other members.
4. Buyer agree indemnify Commercial Grade Software, Inc; MiniHorseStreet.com, its parent company; any of its agents; employees; advertisers and members for any loss or expense that may occur as a result of this transaction.
Sellers are permitted to sell their auction miniature horse prior to the start of the auction. No refunds or substitutions will be allowed if the miniature horse is pre-sold or scratched from the auction within 7 days of the auction.
Unless stated otherwise, all miniature horses are subject to withdraw from the auction at the point where the requested bid amount is less than the reserve amount set by the Seller. MiniHorseStreet.com reserves the right to set minimum reserve amounts for any 1 Hour Auction.
All payments are to be in US dollars, and are subject to the terms established in the Seller’s contract and are to be consistent with those terms posted on the miniature horse’s auction page. All payments are made from Buyer to Seller. MiniHorseStreet.com accepts no responsibility for collection nor for the transmittal of any payment.
WARRANTIES AND DISPUTES
MiniHorseStreet.com makes no statement as to the quality, health, value or ownership of the miniature horses presented in the 1 Hour Auction; nor to the business practices of the Buyers and/or Sellers. All parties operate at their own risk and agree to indemnify MiniHorseStreet.com, its parent company, and any of its agents, employees, advertisers and members against any loss or expense that may occur as a result of any transaction.
Parties determined to be not acting in good faith or not acting in an ethical and professional manner may be denied participation if future auctions.
MiniHorseStreet.com reserves the right to remove any miniature horse from the auction for any reason and at any time. Seller will be entitled to a refund of the entry fee for any lot removed from the auction by MiniHorseStreet.com, which will be the sole remuneration to which Seller is entitled.
MiniHorseStreet.com is the sole arbitrator of any disputes regarding auction operations, including, but not limited to, disputes generated from bidding, removal of miniature horses from the auction, denying the entry of a miniature horse, technical difficulties experienced during the auction, and refusal to allow the participation of a Bidder or a Seller. This does not include anything having to do with the matters contained in the contract to purchase the miniature horse.
INTERUPTION/DISRUPTION OF THE AUCTION
MiniHorseStreet.com reserves the right to interupt the auction at any time. Any and all purchases made prior to the interuption will still be considered as binding to the Buyer and the Seller. If an interuption prevents any miniature horse that was scheduled to be offered at the auction to no longer be presented for sale at the auction, the Seller of said miniature horse will be entitled to a Lot Entry in a future auction. Under no circumstances will the Seller be entitled to any additional compensation beyond a lot entry in a future auction due to the failure of Seller's miniature horse being presented for sale at the auction.
Any person purposely attempting to disrupt or defraud the 1 Hour Auction in any way, including but not limited to fraudulent bidding; misrepresnetiation of the identity of a Seller or a Buyer, or utilizing any technological means to hamper the operation of the auction, will be prosecuted to the fullest extent of the law.
All parties indemnify MiniHorseStreet.com, its parent company, and Commercial Grade Software, Inc against any damages pertaining to the failure to receive a bid or failure to place a bid.
COPYRIGHT PROTECTION OF AUCTION CODE
Commercial Grade Software, Inc. and MiniHorseStreet.com, and its parent company, expressly forbid the reverse engineering of any and all auction technologies. By entering this auction you agree, both as a corporate entity and as an individual, to be responsible for any divulging of code and/or techniques used in this auction.
Terms and Conditions may be changed up to one hour before the start of an auction. They are to be reviewed by participants imediately prior to the start of any auction.