Terms & Conditions

ATTENTION: WHEN YOU REGISTER AND/OR BID OR CONSIGN YOU ARE AGREEING TO ALL DIAMOND HORSE SALES CONDITIONS.

1. BIDDING AND MAXIMUM BID – When bidding on a horse, 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 bidding 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.

2. PRE-SALE ARRANGEMENTS – Diamond Horse Sales strongly encourages potential buyers to communicate with the individual consignor of the horse that they are interested in purchasing about additional information regarding the horse before making a bid or purchase. In addition to speaking with the sellers, the prospective buyers have the option to go and test ride any horse before they bid. BEFORE the auction ends is the time to go test the horse out and make sure that it is a right fit for you, NOT after you win an auction.

3. WARRANTIES – BUYERS ARE ENCOURAGED TO PRE-INSPECT AND ARE CAUTIONED TO CAREFULLY EXAMINE ANY HORSE PRIOR TO BIDDING OR PURCHASING – If a pre-purchase veterinary exam is not on file with Diamond Horse Sales, potential buyers, at their expense, have the option to have a veterinary examination performed on any horse prior to the close of bidding. Owner’s permission must be obtained prior to any such examination. BUYERS There is no warranty, express or implied, by Diamond Horse Sales, or any representative as to the soundness, condition, merchantability or fitness for any particular purpose of any horse offered for sale. All horses 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. ALL BIDS ARE LEGALLY BINDING AND ARE NOT ABLE TO BE RETRACTED.

4. PURCHASE ARRANGEMENTS – Once bidding is closed, a payment must be made immediately. Final payment in full must be made within 48 hours of the conclusion of the auction. Make all payments to Diamond Horse Sales. Every potential buyer must pre-register prior to bidding. Diamond Horse Sales reserves the right to accept or reject any request for any buyer or owner participation on Diamond Horse Sales bidding software or site. Non-US Bidders – Foreign buyers are welcome. To participate please note US funds and a form of positive identification are necessary. Methods of payment accepted from all buyers are: 1. US Bank wire transfer (RECOMMENDED) 2. US Cashier’s Check 3. US Cash 4. US Money Order 5. Mastercard, Visa, Discover & American Express 6. US Bank Drawn Pre-Approved Check-All approved checks must be cleared before horses are transported. A 2.5% office processing/buyers transaction fee will be added to the final bid for any horse purchased to determine the total purchase price. A charge of $200.00 will be made on any payment that is returned. Buyer agrees not to stop payment on check or card for any reason. All checks MUST BE OVERNIGHTED VIA FEDEX or UPS. DO NOT SEND CHECKS VIA US POSTAL SERVICE. As a bidder if you win an auction you are required to make all arrangements with the seller within 48 hours at the end of the auction, contact the seller and make all necessary payment and transport arrangements with the seller of the horse. Diamond Horse Sales is not responsible for making these arrangements. A CONVENIENCE FEE OF 3% WILL BE CHARGED FOR ALL CREDIT CARD PURCHASES, TO BE PAID BY THE BUYER AS PART OF THE PURCHASE PRICE.

5. PAYMENT TO SELLER – Once funds are secured by Diamond Horse Sales, all agreed upon commission and fees will be deducted from the purchase price paid by the Buyer and a check or money wire will be issued and mailed out to the seller no more than 7 days from the conclusion of the auction.

6. LIMITATION OF LIABILITY – Diamond Horse Sales is an independent contractor regularly engaged in the business of conducting online timed consignment sales of horses 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 a specified horse. Diamond Horse Sales holds no ownership interest in any horse 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 horse, person or property before, during or after the sale. In the event of any legal dispute between a buyer and owner, Diamond Horse Sales 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 Diamond Horse Sales shall not be liable for lost profits or any incidental, special or consequential damages whatsoever arising out of or in connection with any sale or transaction. OWNERS, BIDDERS AND BUYERS CONSENT TO RECEIVE ELECTRONIC MESSAGES PERTINENT TO ANY AND ALL AUCTION BUSINESS VIA TEXT, EMAIL AND PHONE WHICH MAY BE SENT THROUGH AN AUTOMATIC SYSTEM FROM DIAMOND HORSE SALES, AND ITS AFFILIATES. ATTESTING TO THE TERMS AND CONDITIONS IS OPTING IN FOR THESE TYPES OF COMMUNICATIONS.

7. THE ACCURACY OF ALL INFORMATION REGARDING ALL HORSES IS THE SOLD RESPONSIBLY OF THE OWNER. While certain information may have been procured by Diamond Horse Sales from third parties on behalf of the owner, it is nonetheless solely the responsibility of the owner to verify the accuracy of such information. Diamond Horse Sales nor any representative thereof, assumes any responsibility or liability for errors or omissions, or for any verbal or written statement regarding the horse sold. If a prospective buyer is not sure about the displayed information regarding a horse up for bidding, he should immediately consult with the owner.

8. OWNERS RIGHT TO BID -This auction is conducted “with reserve”, meaning the right to bid is reserved by the owner. Diamond Horse Sales is not responsible in any way or liable if consigned horse(s) is sold or not sold, results may vary per horse/auction. Diamond Horse Sales 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, Diamond Horse Sales is not obligated in any way to reimburse the owner for any cost or fees for unsold horses or fraudulent/problem bidders. Diamond Horse Sales makes no guarantees of results or responsible for results.

9. BIDDING PROCESS, DISPUTES, MALFUNCTIONS – Diamond Horse Sales reserves the right to reject any and all bids. Should any dispute arise between two or more bidders, Diamond Horse Sales shall settle said dispute and that decision shall be absolute, final and binding on all parties. In the event of known equipment malfunction, the auction will be stopped. If the malfunction has not affected the sale of horses sold prior to the malfunction, they will be considered sold. The auction will proceed upon correction of the malfunction.

10. TITLE AND RISKS – Title transfers immediately to the buyer at the final and winning bid. Title transfer includes all risk of loss including but not limited to illness, injury or death of the horse. Additionally, at title transfer, the buyer assumes all responsibility for the care and maintenance of the horse, for any loss or damage to property and for injury or death of persons caused by the horse, buyer or buyer’s employees. Additionally, the buyer agrees to hold harmless Diamond Horse Sales for such loss or damage. Title and risks are assumed by the buyer whether or not settlement and delivery have been made. DIAMOND HORSE SALES STRONGLY ENCOURAGES BUYERS TO PURCHASE INSURANCE ON THEIR NEW HORSE IMMEDIATELY FOLLOWING THEIR PURCHASE.

11. REPRESENTATION OF HORSE – Seller is responsible for the correct representation of horse(s) they list, including but not limited to the description, disclosure form, horse information, riding and training, as well as in communication with potential or eventual buyers. Some representations on disposition and handling are the opinion of the Seller and given only as an indication of the horse’s capability. Buyer should inspect, examine and research the horse to their satisfaction. Sellers and Buyers agree to hold Diamond Horse Sales harmless from any claims arising out of any such inaccuracies or omissions.

12. DEFAULT ON PURCHASE – If any person shall purchase a horse and not pay for it as prescribed above, Diamond Horse Sales or consignor shall have the right to resell the horse or at their option bring legal action in which event buyer agrees to pay all cost of such suit together with reasonable attorney fees as fixed by the court. In the event of resale the defaulting buyer agrees to pay all costs of resale and price deficiency, if any. Interest of 5% per month will be charged on the unpaid balance of any account not paid for as set forth in these conditions. Defaulting on a purchase will result in a breach of contract.

13. TRANSFERS/REGISTRATION CERTIFICATES – NO REGISTRATION CERTIFICATES FOR PURCHASED HORSES WILL BE RELEASED UNTIL PAYMENT IS RECEIVED AND CLEARED. THERE IS ABSOLUTELY NO EXCEPTION TO THIS RULE. ALL PAPERWORK WILL BE HELD BY SELLER UNTIL BUYER’S PAYMENT BECOMES UNCONDITIONAL PAYMENT.

14. COGGINS REPORT AND HEALTH CERTIFICATE – Seller must provide a copy of a Negative Coggins report drawn within 11 (eleven) months of the start date of the auction.

15. POST SALE ARRANGEMENTS AND BOARD – All sold horses must be removed from the seller’s property in a timely fashion as agreed between buyer and seller. If a horse remains at the seller’s property for longer than five days, the seller may charge a board fee. The price of the daily board will be determined by the seller. Sold Horses on the seller’s property remain at the risk, responsibility, and expense of the buyer. Any delays in TRANSPORT must be pre-approved by the seller OR You may pick up your purchase in person. Each seller will be able to work with the buyer’s TO ARRANGE TRANSPORTATION at buyer’s expense with a TRANSPORT company if needed, to any state or Canada. International TRANSPORT is also an option at buyers expense.
Buyer is responsible for all costs and arrangements for transportation of the horse.

16. OUTSIDE SALES – Any listed horse shall not be sold outside of the Diamond Horse Sales website while the listing is active, unless the seller agrees agrees to pay Diamond Horse Sales a ten percent (10%) commission on the final sale price or reserve price, in addition to a $1000 outside sale service fee. If a seller decides to pull a horse due to injury or sickness, the seller must send a video or vet statement to Diamond Horse Sales, and the seller will owe the unmet reserve fee in addition to the advertising fee.

17. CONSIGNMENT FEES – Diamond Horse Sales collects a ten percent (10%) commission on the final sale of each listing. An advertising fee of one hundred and fifty dollars ($150) will be due prior to a horse going live in the Open or Classic Sale, OR an advertising fee of two hundred dollars ($200) will be due prior to a horse going live in the select sale. These fees will be used for Diamond Horse Sales’ marketing campaigns outside of the international site to achieve the highest prices for our sellers’ horses.

18. RESERVE – A seller may place a reserve price on their horse listed on Diamond Horse Sales FOR NO ADDITIONAL FEE IF THE HORSE MEETS IT’S RESERVE PRICE. If the seller places a reserve price on a horse and the horse fails to reach the reserve price on the site’s bidding platform, then the seller agrees to pay a $150 reserve fee (if the horse is listed in the Classic or Open sale) OR $200 (if the horse is listed in the Select sale) to Diamond Horse Sales, due at the end of the horse’s auction. The seller has the option to re-list the horse in the following sale, without owing an additional reserve fee if the horse’s bid does not meet the reserve price.

19. MEDIA RIGHTS – Sellers and Buyers authorize Diamond Horse Sales to use any and all media (i.e. photos, videos) of their horse. Media may be used for promotional material, social media posts, and material for the Diamond Horse Sales Website. Diamond Horse Sales shall not be liable for any copyright claims from any videographer, photographer, buyer, or seller regarding media. Seller agrees to only submit material that they own the rights to, or have permission to use.