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Terms and Conditions Updated On: 12/08/2022

Welcome to Horse Zip LLC. We offer a safe and fun place for Buyers to find their dream horse. As a Buyer or Seller you understand and accept by registering with Horse Zip LLC that you are legally bound to all of the terms and conditions. We ask that you read the terms and conditions before registering. All Buyers and Sellers are bound by these terms and conditions by registering whether they choose to read them or not. These Terms and Conditions may be updated periodically. In order to participate in any Horse Zip LLC auction you must first be registered. Registration to Horse Zip LLC is free. Horse Zip LLC is a commissioned online agent providing a place for Buyers and Sellers to meet.

REGISTRATION

Each Buyer must be pre-registered prior to bidding on any auction. All Buyers must be a minimum of 18 years old. Horse Zip LLC reserves the right to reject any Buyer request to register or bid. Each Buyer at time of registration must provide name, current mailing address (no PO Boxes), phone number and email address. Horse Zip LLC reserves the right to validate this information by phone, text or email. Horse Zip LLC reserves the right to cancel any Buyer’s account at any time. By checking the box in the registration process, Buyer is accepting and agreeing with all Terms and Conditions.

PAYMENT

All payments must be paid directly to the Seller of the horse in which the Buyer has won the auction. Winning the auction means that the Buyer is the final bidder and Reserve has been met. All auction sales are to be paid in United States currency. Most Sellers prefer to be paid by Bank Wire so be prepared to make that arrangement. Buyer may have the option to pay in cash if picking up horse in person on Friday following the auction. Arrangements must be made with the Seller. All horses must be paid for in full on Friday following the Thursday night auction. The only exception being Friday is a legal holiday then the payment must be made the next banking business day. Seller is responsible for commission due to Horse Zip LLC by Monday following the auction. Buyer and Seller will receive an invoice from Horse Zip LLC at the end of the auction.

BIDDING

All registered Buyers have the option to bid on one or more horses at the same time. All auctions listed will have a specific time stated that auction will end. Horse Zip LLC reserves the right to bid on behalf of the Seller if a “Reserve” is in place. A horse that Buyer is bidding on may have a “Reserve” which will be noted on the auction. The “Reserve” is the least that the Seller is willing to take for the horse. The “Reserve” will remain confidential until it has been met. Once that reserve is met the horse will be marked as selling. A Buyer may place a single bid or choose to bid their maximum bid. Each bid shall be in $250 increments excluding maximum bids which may be the highest amount that the Buyer would like to bid on the horse in that particular auction over and above the $250 increment rule. Each auction has a date and time that it will end. Should any bidder place a bid at 1:59 or less the clock will add 2 minutes. This 2 minutes will be added each time a new bid is placed up until the clock reaches 1 second which at this time the software program will not accept any additional bids. At this time the auction will end and Invoice will be emailed to the Buyer if the reserve has been met on the horse in this particular auction. If the “Reserve” is met Seller will pay Horse Zip LLC the commissioned agent in the auction 10% commission once auction has ended and Buyer has paid for the horse. Should the “Reserve” not be met the Seller is not obligated to sell the horse. Should the “Reserve” not be met the last Bidder will have the option to purchase the horse at the “Reserve” price. Buyer agrees and understands that if they have the final winning bid and the “Reserve” has been met that they are bound by these Terms and Conditions to purchase the horse.

FRAUDULENT BIDDING

Bidding on any horse without the intent of paying or having Buyer’s remorse is considered a fraudulent bid. This type of bidding is not allowed and is a violation of Horse Zip LLC Terms and Conditions and will be subject to civil and criminal penalties. Any Buyer that violates the Horse Zip LLC Terms and Conditions by not paying for a horse that they were the winning bidder in an auction agrees and understands that the Seller will re-sell the horse and the Bidder will be responsible for any amount less than the sale price that Bidder agreed to pay as the final Bidder. Buyer is responsible for all legal fees incurred by Seller or Horse Zip LLC in collecting the amount owed for horse purchased in auction.

HORSE REPRESENTATION

Horse Zip LLC is an Online Horse Auction offering Sellers the opportunity to promote their horse to thousands of potential Buyers. Seller shall provide Horse Zip LLC with a copy of Registration Papers if registered, numerous pictures and 3-5 minutes of video. Sellers keep in mind the more video that you have of your horse the better a potential buyer will feel about bidding. Sellers represent your horse the same way that you would want to buy it. Seller is responsible for online as well as verbal information for their horse. Buyer agrees to hold harmless Horse Zip LLC for any claims or misrepresentation of any horse purchased at online auction. Seller understands and agrees that Horse Zip LLC will be using the videos and pictures provided and they will be watermarked. Seller has the right to extend the date of auction should the reserve not be met.

BUYER’S BE SATISFIED BEFORE YOU BID

It is the Buyer’s responsibility to do their research before they bid. Once a Buyer places a bid they are agreeing that they have done their research and they are comfortable with their purchase. It is the Buyer’s responsibility to contact the Seller with any questions that they may have. The Buyer has the option to go and inspect the horse in person or send a representative to do so for them. A visit to see the horse must be at a convenient time for the Seller. Seller may require Buyer to sign a waiver if they intend to take a test ride. A Buyer, at their expense, has the option to have a pre-purchase vet exam done prior to bidding if time is permitting. Potential Buyer must receive Seller’s permission prior to arranging vet check.

GUARANTEE & WARRANTY POLICY

Horse Zip LLC makes no guarantees or warranties whether expressed or implied including but not limited to the merchantability or fitness for a particular purpose. Buyer understands and agrees that ALL HORSES SOLD ON HORSE ZIP LLC ARE SOLD "AS IS" with all conditions and defects. ALL SALES ARE FINAL AND THERE ARE NO REFUNDS. Horse Zip LLC does not assume any responsibility to Buyer for accident or sickness following the date of sale. Buyer DOES NOT have the option for a Pre-Purchase Vet Exam AFTER purchasing. Buyer also does not have the option to TEST RIDE the horse after purchase. Any Pre-Purchase Vet Exam or Test Ride must be done prior to bidding or winning the auction. Any verbal guarantees are between Seller and Buyer. Seller has full authority to sell horse to Buyer and there are no liens or encumbrances outstanding on said horse.

REGISTRATION PAPERS AND COGGINS TEST

Seller must provide the Buyer with Registration Papers and Transfer (If applicable) at time of receiving payment. Registration Papers and Transfer will not be released until horse is paid for in full. There are no exceptions. Seller shall also provide Buyer with current negative Coggins test as well as Health Certificate if horse will be leaving the state sold in.

TRANSFER OF POSSESSION

Seller shall tender possession of horse to Buyer or Transporter assigned by Buyer upon receipt of the purchase price from the Buyer paid by approved funds. Sold horse must be removed from the Seller’s property in a timely manner. Seller has the option to charge reasonable board fees for any horse left over 7 days. Buyer understands and agrees that Seller is not responsible for accident or sickness of horse after the date of sale. Buyer assumes the risk of loss or sickness of horse once auction has been completed. Buyer is responsible for arranging transportation for horse and any expense included in that transport. Horse Zip LLC will assist Buyer with finding a transporter if needed.

PRIVACY

All information collected by Horse Zip LLC is private and will not be disseminated or sold to a third party. Buyer’s information collected will be used as Horse Zip LLC customer profile only.

INFORMATION ERRORS

Horse Zip LLC will list all information regarding the horse for auction provided by the Seller. It is the Seller’s responsibility to check this information for accuracy. Should the Seller notice any inaccuracy they should notify Horse Zip LLC so that information may be corrected immediately. Horse Zip LLC shall not be liable regardless of the cause for any inaccuracies posted on this website.

GENERAL

Horse Zip LLC is an online auction commissioned agent and has no interest or ownership in any horse being offered at auction on this website. In no event will Horse Zip LLC be liable for any damages arising out of the use or inability to use Horse Zip LLC website. Buyers and Sellers release Horse Zip LLC from any liabilities, damages or legal expenses arising from the winning of any bid or purchase of any horse listed at auction on this website. All preliminary and contemporaneous agreements and understandings are incorporated into these Terms and Conditions. All Buyers and Sellers registered with Horse Zip LLC understand and agree that they are bound by these Terms and Conditions. Horse Zip LLC is providing an internet bidding as a service to Buyers and Sellers. Buyers and Sellers acknowledge and understand that under no circumstances shall Horse Zip LLC be responsible for any error of function due to software or internet failures. Horse Zip LLC or any other party shall not be responsible if internet service fails to work correctly before or during the online auction. Horse Zip LLC shall not be responsible for any missed bids from any internet source. Buyers who desire to make certain that their bid is acknowledged, should use the maximum bid feature and have their maximum bid placed at least 1 hour prior to close of auction. Horse Zip LLC will have the final decision on the close of every auction with all bids determined by the time stamp, in the event of a tied bid the auction will be re-opened for the two tied bidders only for an extended XX mins determined by the auction platform.

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