Search for the Perfect Horse

Online Select Performance Horse Sale

~ Sale Terms and Conditions ~

SELLERS

~ Sale Terms and Conditions ~

Sellers consign their horse(s) or stallion breeding contract(s) for sale or on www.PerfectHorseAuctions.com agree to be bound by the terms and conditions listed below.

Registration & Listing. You, the Seller, represent that you are the legal owner or authorized agent of the horse or stallion breeding contract that you are consigning/listing in our sale. If acting as agent for owner of the horse or stallion breeding contract listed, you acknowledge to be the legal authorized agent for the owner. You agree that it is your responsibility to keep your information current, complete and accurate by periodically updating your information in the appropriate section at www.PerfectHorseAuctions.com, until the completion of the sale in which your horse is entered.

The Seller is responsible for any statements made when registering and listing a horse in our sale.

Fees. Consignment listing fees are required to be paid when listing your horse for sale. Stallion auctions payment arrangements are made by the association sponsoring the sale. NO additional COMMISSIONS OR FEES WILL BE CHARGED, except for a withdrawal fee of $500 when a consigned horse is removed from the sale. Exceptions allowed are injury or death. If a horse is seriously injured or death occurs during the consignment period, prior to the final sale date the Seller must immediately notify www.PerfectHorseAuctions.com to authorize withdrawal from the sale. A certified statement from a licensed veterinarian where the horse is located will be required within 15 days of the injury or death. Perfect Horse Auctions will make the final decision for withdrawal upon receipt of veterinarians statement regarding injuries.

Registration & Listings. www.PerfectHorseAuctions.com displays a summary of activity in each Seller's registered account. Additions/changes will be posted to your account within forty-eight (48) hours of notice. However, we will not be liable for damages resulting from any failure to post additions/changes to a Seller’s Account in a timely manner. You acknowledge and accept that you are solely responsible for checking your Seller’s Account regularly to verify that additions/changes have been properly posted. If you believe that a addition/change has not been properly posted to your Seller’s Account, then you must inform us immediately to qualify a transaction for which you are claiming that an addition/change should have been posted. If there is any disagreement, the Seller will be required to provide proof of such transaction acceptable to www.PerfectHorseAuctions.com. We reserve the right, however, to determine, in our sole and absolute discretion, whether an addition/change should have been posted to your Seller’s Account. You acknowledge that any such determination by www.PerfectHorseAuctions.com will be final and binding.

~ Sellers Obligations ~

Horses consigned by seller, to the best of their knowledge at the time the horse is listed, guaranteed to be healthy and sound. Any known problems must be declared in the "Notes" when the Seller lists their horse for consignment in our sale.

Any known genetic defects must be declared in the "Notes" when listing a horse in the sale.

All horses listed in our sale must meet all breed associations and state requirements for selling and transferring ownership.

Prospective buyers may contact the seller/agent by email for information on all horses listed in our sale. Prospective buyers may contact Sellers to make arrangements to personally inspect a horse or have another party inspect horse at any time prior to final day of sale.

Listing fee shall be paid online using our Pay Pal account or with check or money order. Should PayPal notify us of a payment rejection, the horse will be removed from the sale. Horses will not be listed in the sale catalog until the check or money order clears our bank. If any payment is rejected, the Seller will be required to relist the horse (and resubmit payment through PayPal).

Seller acknowledges, agrees and understands that during the period between authorization and reversal of PayPal transactions for payment of horse listing fees, certain funds (up to $25.00) from your credit or debit card account may not be available for your use. Perfect Horse Auctions will not be responsible for any losses or costs due to authorized use, at the time you register a credit or debit card in the Service, to request authorization from the applicable credit, debit or charge card issuer for a PayPal transaction on such credit, debit or charge card in order to protect against costs associated with the temporary unavailability of such funds.

Seller agrees that all information provided when registering and listing your horse is true and accurate. Seller acknowledges they have had an opportunity to review the Sale Terms and Conditions that it has been made available to you.

This Agreement constitutes a legally binding agreement between the Seller and Perfect Horse Auctions. Sellers who register and list their horses on www.PerfectHorseAuctions.com agree to the terms and conditions as described below (the "Service"), by completing the registration form ("you" and/or "Seller" or the "Agent"). As used in this Agreement, the terms "we" and "us" mean Perfect Horse Auctions, a division of Search for the Perfect Horse, and the term "our" means Pefect Horse Auctions.

BUYERS

~ Sale Terms and Conditions ~

Buyers acknowledge that all purchase transactions for horses listed on www.PerfectHorseAuctions.com are solely between Buyer and Seller.

Perfect Horse Auctions is not involved in any purchase transaction between Seller and Buyer. Access to the use of Pay Pal is provided to Buyers when registering as a means to purchase a horse listed in this sale.

Buyers agree to courteous and professional conduct when contacting owners/agents of horses listed in our sale.

When a Buyer submits a bid, the bid becomes a legal offer to buy. This bid commits the Buyer to buy the horse if they are the high bidder at the close of the sale.

Buyers agree to be bound by all of its terms and conditions of this sale.

Buyers may contact the Seller/Agent by email for information on all horses listed in the sale catalog.

Buyers may contact Sellers to make arrangements to personally inspect a horse or have another party inspect horse at any time prior to final day of sale at Sellers discretion.

Horses listed on www.PerfectHorseAuctions.com by "Seller/Agent" are said to be healthy and sound to the best of their knowledge. Any exceptions are declared in the "Notes".

All horses listed in our sale must meet all breed associations and state requirements for selling and transferring ownership of each horse listed in the sale.

The Seller agrees that all information provided when registering and listing their horse is true and accurate. Perfect Horse Auctions is not responsible for the truth and accuracy of information provided by the Seller.

You, the buyer, agree that all information provided when registering is true and accurate. You also acknowledge that you have had an opportunity to review Sale Terms and Conditions that it has been made available to you.

This Agreement constitutes a legally binding agreement between you, the buyer, and Perfect Horse Auctions. Buyers who register to bid on horses listed on www.PerfectHorseAuctoins.com agree to the terms and conditions as described below (the "Service"), by completing the registration form ("you" or the "Buyer" or the "Agent"). As used in this Agreement, the terms "we" and "us" mean Perfect Horse Auctions, a division of Search for the Perfect Horse, and the term "our" means Perfect Horse Auctions.

All Users

~ Sale Terms and Conditions ~

No Unauthorized Use of the Service.

You agree that you will not, and will not permit others to:

• provide any unauthorized third party with access to the Service or any information, data, text, links, images, software, chat, communications and other content available through the Internet and proprietary to Search for the Perfect and Perfect Horse Auctions by any means;
• modify, reverse engineer, reverse assemble or decompile any of the software applications used by you in connection with your participation in the Service;
• engage in any activity that does not comply with U.S. law or other applicable law and regulations or otherwise engage in any illegal, manipulative or misleading activity through the use of the Service;
• introduce into the Service any code intended to disrupt the Service, alter or delete its Content, access confidential Content on our website or interfere with the operation of the Service, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses;
• post any material in any form whatsoever on our website or within the Service that is defamatory, obscene or otherwise unlawful or violates any third party’s right of privacy or publicity;

Security. You will maintain the confidentiality of the user IDs and passwords by which you access the Service, and will allow access to the Service only by authorized persons, and not by any program, expert system, electronic agent, "bot" or other automated means. If you desire, you may authorize an agent to contact Search for the Perfect Horse at Attention: Perfect Horse Auctions to take certain actions on your behalf with respect to your account. Search for the Perfect Horse and Perfect Horse Auctions websites will set forth our Policies regarding authorized agents. Any use of your assigned user IDs or passwords will be deemed to be your use. If there is a breach of security through your account, you will immediately change your password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your user ID and password is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction. In addition, you agree that we should assume that any instruction by an authorized agent that is in compliance with the Policies has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction. You will not permit any use of the Service that would damage, interfere with or unreasonably overload the Service.

Discontinuation or Suspension of Use. We may, in our sole discretion, at any time and without prior notice:

• discontinue transmitting all or any part of the Content related to the Service;
• change, discontinue or limit access to the Service or any functionality, feature or other
• component of the Service; or suspend or terminate your use of or access to all or part of
• the Service upon giving you notice of such suspension or termination.

Abusive or Fraudulent Activity. In the event of any abusive or fraudulent activity related to the Service, as determined by us in our sole discretion, we reserve the right to make any remove any horse listings from our sale. Any such adjustments, however, will be made in accordance with this Agreement, the Policies, any applicable laws, rules or regulations.

Policies. You agree to comply with this Agreement, and all other policies, rules and terms and conditions as set forth in Service materials, including materials either in print or on our website (collectively, the "Policies"). The Policies which are hereby incorporated by reference into this Agreement. Your use of this Service thereafter will constitute your affirmative acceptance of your agreement to the terms thereof. You also acknowledge and agree that any information you provide to a Search for the Perfect Horse or Perfect Horse Auctions abides our own privacy and data collection policies.

Miscellaneous

Termination; Expiration or Forfeiture of Search for the Perfect Horse Online Select Performance Horse Sale

This Agreement is effective when accepted by you, the seller/buyer/user, and will remain in effect and legally bind you and us until the close of this sale. You may terminate your membership in the Service at any time in accordance with the procedures established in this Agreement. We may terminate your membership in the Service without cause immediately after notice to you of such termination.

Upon termination of this Agreement, your right to use and access the Service will terminate. Subject to the limitations set forth in this Agreement, termination will not prejudice either your or our remedies at law or in equity.

Certain Disclaimers; Indemnification.

Disclaimer of Warranties. Specific terms and conditions apply to the sale and purchase of a horse in this auction. Buyers and Sellers are responsible for knowing these terms and conditions. The Perfect Horse Auction, Search for the Perfect Horse, applicable breed and records associations, and/or any catalog production company will not be held liable for any errors or omissions in this online catalog. Statements made by owners/agents which differ from the information in the online sale catalog take precedence over any printed matter. Please contact Search for the Perfect Horse or Perfect Horse Auctions for complete information.

THE SERVICE IS PROVIDED ON AN "AS IS" BASIS AND WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, OR VALIDITY OF ANY INFORMATION PROVIDED BY SELLERS RELATED TO THE HORSES CONSIGNED TO THIS SALE. WE DO NOT WARRANT THAT THE FUNCTIONALITY OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT SUCH SERVICE OR THE SERVER(S) THAT MAKE(S) IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WWW.PERFECTHORSEAUCTIONS.COM AND THE SERVICE MAY CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS, OR RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE PERFECT HORSE AUCTIONS WEBSITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, STATEMENT, RECOMMENDATIONS OR INFORMATION WILL BE AT YOUR SOLE RISK. FURTHERMORE, WE DO NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ITS CONTRIBUTING COMPANIES OR SUPPLIERS IN CONJUNCTION WITH THE SERVICE.

Exclusion of Certain Damages. We will not be liable for any damages, including indirect or consequential damages, arising from:

• any failure to screen users of the Service; acts or omissions of any users of the Service; materials posted by, or of, any party other than Perfect Horse Auctions or Search for the Perfect Horse websites.
• Investments or any use thereof; the accuracy, dependability, privacy, security, authenticity or completeness of data transmitted over or obtained using the Internet; or
• any failure to perform any obligation hereunder, or from any delay in the performance thereof, due to causes beyond our reasonable control, including the elements, acts of God, labor disputes, acts of terrorism, acts of civil or military authority, fires, floods, epidemics, quarantine restrictions, failure or erratic behavior of telecommunications or power system, sabotage, armed hostilities, riots or government regulation of the Internet.

In addition to the foregoing, on occasion, Search for the Perfect Horse or Perfect Horse Auctions may fail to track your information input or payments due to computer system failures or interruptions beyond the reasonable control of the tracking party. Furthermore, certain hardware devices and software such as pop-up blockers, ad blocking software, viruses, worms, Trojans, adware, spyware and malware can interfere with the tracking of Contributions and/or the operation of our website. Search for the Perfect Horse shall not be liable for your failure to receive a Contribution or important information about the Service as a result of a computer system failure or interruption or hardware devices or software on your computer or network.

Indemnification. You agree to indemnify Search for the Perfect Horse, Pefect Horse Auctions, PayPal any bank having custody of your Listing Fees (a "Custody Bank"), as well as their respective officers, directors, employees, successors, agents, and affiliates, for any and all claims, damages, losses and causes of action (including attorneys’fees and court costs) arising out of or relating to your breach of this Agreement or for any materials in any form whatsoever that are provided by you or your agents (or through your user ID and/or password). You agree to cooperate as fully as reasonably required in our defense and/or settlement of any claim. We reserve in our reasonable discretion the right to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.

Limitation of Liability.

PERFECT HORSE AUCTIONS, SEARCH FOR THE PERFECT HORSE OR CUSTODY BANK, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE DAMAGES, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE, THE INFORMATION CONTAINED ON THE PERFECT HORSE AUCTIONS AND SEARCH FOR THE PERFECT HORSE WEBSITES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

IN NO EVENT WILL PERFECT HORSE AUCTIONS OR SEARCH FOR THE PERFECT HORSE INVESTMENTS’ TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF SEARCH FOR THE PERFECT HORSE WEBSITES OR PARTICIPATION IN THE SERVICE, WHETHER IN CONTRACT, TORT, (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE LARGEST AMOUNT OF FUNDS HELD FOR YOUR BENEFIT IN THE REWARDS ACCOUNT WHILE THIS AGREEMENT IS IN EFFECT.

Electronic and Oral Communications.

Member and Account Guest Instructions. We may rely on your oral and electronic instructions and your member or agent’s oral instructions. In addition, you consent to the monitoring and recording of you and member or agent’s telephone conversations with us for compliance purposes or to provide a record of your instructions. You agree that we will not be liable for honoring oral instructions received from any person, including any person claiming to be your authorized contact person or your member or their agent, provided reasonable verification procedures have been followed. We may follow any instructions received by electronic means through the Perfect Horse Auctions website just as if you had given such instructions in person, regardless of whether or not you have personally initiated such instructions.

Perfect Horse Auctions You consent to the receipt of all reports, transaction confirmations, account statements, correspondence and other information from us electronically through either (i) access to your Perfect Horse Auctions Account on our websites or (ii) the email address provided by you to us. We will not be responsible for your inability to connect to the Internet or to access Search for the Perfect Horse or Perfect Horse Auctions websites or otherwise not to receive electronic communications. Electronic communications are presumed to be delivered to and received by you when sent by us, whether actually received or not. You acknowledge that you have access to hardware and software meeting the system requirements set forth on Search for the Perfect Horse websites necessary to receive from us correspondence and records in electronic form. You may withdraw the consent to have those records provided or made available in electronic form by mailing written notice to Perfect Horse Auctions. Such request will be made by mailing a written request to Search for the Perfect Horse, 32090 Spring Lane, Rainier, Oregon 97048 Attn: Perfect Horse Auctions. If you withdraw such consent, we reserve the right to terminate this Agreement.

General.

Governing Law. The validity, construction and interpretation of this Agreement, and the rights and duties of the parties hereto, will be governed by and construed in accordance with the laws of the State of Oregon, excluding its conflicts of laws principles. Each party hereto agrees that all claims relating to this Agreement will be heard exclusively by a state or federal court in Oregon. Accordingly, each party hereby consents to the exclusive jurisdiction of any state or federal court in the State of Oregon over any proceeding related to this Agreement, irrevocably waives any objection to the venue of any such court, and irrevocably waives any claim that any such proceeding in such a court has been brought in an inconvenient forum.

Assignment. You may not assign your rights and obligations under this Agreement, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void. We may assign our rights and obligations under this Agreement, in whole or in part, without your consent. This Agreement will inure to the benefit and burden of the parties hereto and their permitted successors and assigns.

Notices. Any notice by one party hereto to the other will be in writing (which may include email) and either personally delivered, delivered by Internet email, or sent via reputable overnight courier or certified mail, postage prepaid and return receipt requested. Notices will be sent to you at the Internet email address or the mailing address specified in your account profile and to us at Search for the Perfect Horse, 32090 Spring Lane, Rainier, Oregon 97048 Attn.: Perfect Horse Auctions, or any other address of which either party hereto may from time to time notify the other. All notices will be in English and will be deemed effective on the date of personal delivery, upon confirmation of email transmission, upon signed receipt from an overnight courier, or five days after deposit with the U.S. Postal Service.

No Waiver; Severability. The waiver by either party hereto of a breach or default of any provision of this Agreement by the other party hereto will not be construed as a waiver of any succeeding breach or default of the same or any other provision, nor will any delay or omission on the part of either party hereto to exercise or avail itself of any right, power or privilege that it has, or may have hereunder, operate as a waiver of any right, power or privilege by such party. If any provision of this Agreement is held to be invalid, such invalidity shall not effect the remaining provisions.

Relief. You acknowledge and accept that any breach this Agreement is likely to irreparably harm us and will not be susceptible of cure by monetary damages. Consequently, if you breach any provisions, then we will be entitled to obtain injunctive or other equitable relief in addition to any remedies it may have at law.

Third-Party Beneficiary. Perfect Horse Auctions and Search for the Perfect Horse, and Custody Bank is hereby expressly made a third party beneficiary of this Agreement and may enforce this Agreement directly against you.

Entire Agreement. This Agreement represents the entire agreement of the parties hereto with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter hereof (including without limitation, earlier versions of this Agreement that may have been accepted by you through Pefect Horse Auctions or Search for the Perfect Horse websites or otherwise). We reserve the right to modify this Agreement at any time upon notice given in accordance with this Agreement. Your non-termination and continued use of the Service after notice of any modification of this Agreement will constitute affirmative acceptance by you of such modification and your consent to abide by any terms thereof. You acknowledge that the most recent version of this Agreement will be located on Search for the Perfect Horse and Perfect Horse Auctions websites under Buyer, Sellers and Affiliate Associations - Users Agreement. No other act, document, usage or custom will be deemed to amend or modify this Agreement.

Effective date 2/1/09.

© 2009 Perfect Horse Auctions, division of Search for the Perfect Horse, LLC. All rights reserved.