1. GOVERNING LAW – Gypsy Live, LLC a Florida Corporation. All transactions and disputes are governed by Florida Law.
2. LIMITATION OF LIABILITY – Gypsy Live, LLC 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. Gypsy Live, LLC 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, Gypsy Live, 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 EACH HORSE OFFERED IN THIS SALE IS SOLD “AS IS” AND WITH ALL DEFECTS. 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 GYPSY LIVE, LLC AND ITS AFFILIATES. ATTESTING TO THE TERMS AND CONDITIONS IS OPTING IN FOR THESE TYPES OF COMMUNICATIONS.
3. BUYER REGISTRATION/PRE-SALE PURCHASE ARRANGEMENTS – Every potential buyer must pre-register prior to bidding. GYPSY LIVE, LLC RESERVES THE RIGHT TO ACCEPT OR REJECT ANY REQUEST FOR BUYER OR OWNER PARTICIPATION ON GYPSY LIVE’s ONLINE TIMED AUCTION. Non-US Bidders – Foreign buyers are welcome. To participate please note US funds and a form of positive identification are necessary. ALL PAYMENTS MUST BE MADE DIRECTLY TO THE OWNER (Seller) OR GYPSY LIVE, LLC. Methods of payment accepted from all buyers are:
1. US Bank wire transfer (RECOMMENDED)
2. US Cashier’s Check
3. US Cash
4. US Bank Drawn Pre-Approved Check-All approved checks must be cleared before horses are transported.
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. Gypsy Live is not responsible for making these arrangements, however we may be able to offer assistance in facilitating these arrangements.
4. ALL ONLINE DISPLAYED HORSE INFORMATION ERRORS AND ANNOUNCEMENTS ALL ELIGIBILITIES NOTED WITHIN THE GYPSY LIVE AUCTION SITE HAVE BEEN PROVIDED BY THE OWNER AND HAVE NOT BEEN VERIFIED BY GYPSY LIVE, LLC – The accuracy of all information regarding all horses is the sole responsibility of the owner. While certain information may have been procured by Gypsy Live, LLC from third parties on behalf of the owner, it is nonetheless solely the responsibility of the owner to verify the accuracy of such information. Gypsy Live, LLC 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.
5. WARRANTIES & EXPRESSED LIMITED WARRANTIES BUYERS ARE ENCOURAGED TO PRE-INSPECT AND ARE CAUTIONED TO CAREFULLY EXAMINE ANY HORSE PRIOR TO BIDDING OR PURCHASING – 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 CANNOT HAVE WHAT IS KNOWN AS A COMPLETE PRE-SALE VETERINARY EXAMINATION OF ANY HORSE AFTER PURCHASE. There is no warranty, express or implied, by Gypsy Live, LLC or any representative as to the soundness, condition, merchantability or fitness for any particular purpose of any horse offered for sale. It is the position of Gypsy Live, LLC that 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. 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 horses out, NOT after you win an auction. 48 HOUR RULE BUYERS CANNOT HAVE A VETERINARIAN PERFORM WHAT IS KNOWN AS A COMPLETE PRE-SALE EXAMINATION OF ANY HORSE AFTER PURCHASE. ALL BIDS ARE LEGALLY BINDING AND ARE NOT ABLE TO BE RETRACTED.
6. OWNERS RIGHT TO BID, RESULTS, BIDS -This auction is conducted “with reserve”, meaning the right to bid is reserved by the owner. To protect the desired sale price for the horse. Gypsy Live, LLC reserves the right to bid on the behalf of the owner up to the amount of the reserve bid. If the owner or its representative makes a final bid equal to or greater than the reserve, the owner will pay the 10% sale commission due. Gypsy Live, LLC is not responsible in anyway or liable if consigned horse(s) is sold or not sold, results may vary per horse/auction. Gypsy Live, 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, Gypsy Live LLC not obligated in anyway to reimburse owner for any cost or fees for unsold horses or fraudulent/problem bidders. Gypsy Live, LLC makes no guarantees of results or responsible for results.
7. PAYMENT BY SELLER – Seller will pay Gypsy Live, LLC a consignment/listing fee of $200 to list, advertise and insert the horse/embryo/stallion service into the Gypsy Live Online Auction platform. Gypsy Live, LLC will collect a commission fee of Ten Percent (10%) of the final sale price at the conclusion of the auction. If the auction ends without the reserve price being met, Gypsy Live, LLC will contact the highest bidder, offering them the opportunity to buy the horse/embryo/stallion service at the reserve price. If sold in this manner, the Ten Percent (10%) sale commission will still apply.
By submitting your horse/embryo/stallion service to Gypsy Live, LLC you are agreeing to list exclusively for the duration of the auction and not to sell the listed horse/embryo/stallion service outside the Gypsy Live, LLC auction platform. Should you decide to sell the listed horse/embryo/stallion service outside of the Gypsy Live, LLC platform during the auction, then you agree to pay Ten Percent (10%) of your set reserve price to Gypsy Live, LLC.
8. BIDDING PROCESS, DISPUTES, MALFUNCTIONS – Gypsy Live, LLC reserves the right to reject any and all bids. Should any dispute arise between two or more bidders, Gypsy Live, LLC 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. 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 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.
9. FALL OF THE HAMMER INSURANCE – Immediate full mortality insurance coverage is effective upon the fall of the hammer, for the amount of the total purchase price. The insurance arranged by sale management, with C. Jarvis Insurance Agency of Aurora, Ohio, will remain in effect until the purchaser signs the contract, or until midnight of the first business day after the sale, whichever occurs first, by which time it is the obligation of the new owner to arrange permanent insurance if desired. You are invited to discuss specific coverage details and your insurance needs with one of our agents at: 1-440-248-5330
All coverages are subject to the terms conditions and exclusions of the actual policy issued.
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 Gypsy Live, LLC 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.
11. PERSONAL CHECK LIABILITY – Any person issuing and signing a pre-approved personalized check or authorizing a credit card purchase in the State Of Florida 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.
12. DEFAULT – Buyers who fail in any respect whatsoever to pay for any horse under these terms shall be declared in default. Any horse purchased by a defaulter may be resold by the seller at public or private sale without notice for the buyer’s account. Costs of such resale will be those of the defaulter. Should such resale fail to satisfy the defaulter’s account in full, the defaulter will immediately pay to the seller, the amount owing or be subject to legal suit. The defaulter will be responsible for all costs, including attorney’s fees incurred by seller or Gypsy Live, LLC in collection of amounts owing for horse(s) purchased, or in enforcement or interpretation of this term of sale.
13. LIEN/SECURITY INTEREST – To secure the payment of the purchase price and expenses for any horse 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 horse and all accounts, contract rights, registration papers, breeder’s certificates, records, general intangibles, proceeds and products relating thereto.
14. 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.
15. POST SALE REMOVAL – All sold horses must be removed from the seller’s property in a timely fashion as agreed between buyer and 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 buyers 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 buyer’s expense.