AUCTION CONSIGNMENT AND SALES AGREEMENT

 

CONSIGNMENT AGREEMENT

I enter the animal described for the Online Auction hosted by Select Stock Dog Sales subject to conditions of this consignment and sales agreement, which I acknowledge to have carefully read and examined, and which I fully accept and agree to be the contract between us.

When used herein the “Consignor” shall include any person entering an animal or animals in any sale conducted herein, including the owner or his agent signing this agreement; and Select Stock Dog Sales shall be referred to as the “SSDS”.

By entering an animal or animals in any sale conducted by SSDS, the consignor or his agent signing this agreement, the consignor does thereby agree to the following terms and conditions.

 

Consignment Fees (US Funds):

Stock Dogs:

Dogs 6 months and older

Without Reserve price: $200

With Reserve price: $400

Dogs 6 months or less

Without Reserve price: $150

With Reserve price: $300

Stock Dog Related Items:

Without reserve and with reserve price up to $3 500: $50

Reserve price from $3 500 to $5 000: $75

Reserve price from $5 000 to $10 000: $100

Reserve price from $10 000 and up: $200

Consignment fees are non-refundable and payable at the time of consignment registration.

Commission (To be paid for by the Buyer):

8% of the selling price. To be paid for by the Buyer on top of the sales price.

No commission fee will be charged in the following cases:

  1. Reserve was not met (No sale)

  2. No bids (No sale)

If the Consignor withdraws the dog for any reason other than death or injury prior to the sale, a $400 withdrawal fee will be charged. Death or injury to the dog must be proven by a veterinary statement.

Registration (Pedigree):

If the dog is registered, It is the responsibility of the Consignor to furnish the Buyer with original and signed registration certificate immediately after the sale has concluded and the dog has been paid for in full.

For items other than dogs, such as trailers etc. It is the responsibility of the Consignor to furnish the Buyer with original and signed title certificate immediately after the sale has concluded and the item has been paid for in full.

Select Stock Dog Sales LLC is not responsible for any transfers of pedigrees or titles from dogs or items sold at Select Stock Dog Sales LLC's auction/sale. 

Agreements

The consignor agrees that after having consigned a dog to the sale of SSDS, he will not dispose of it by private sale, either prior or during the progress of sale. He also agrees that no dog will be withdrawn from the sale, except in case of injury or sickness, subsequent to the time of entry of sale, sufficient in nature to prevent realizing a fair price and in case of withdrawal of any animal for any other reason than injury or death, a $400 withdrawal fee will be charged.

Consignor shall notify SSDS within 24 hours if the dog develops a serious injury or serious disease after consignment which impairs its suitability for sale. Upon such occurrence, consignor shall make the request for withdrawal in writing as soon as practical after the onset of the condition and consignor determines that the dog is not suitable for sale. Consignor shall provide an affidavit of a licensed veterinarian which (1) states the date the animal was first examined for the condition, (2) specifically identifies the condition of the animal, and (3) states an opinion to a reasonable degree of scientific and medical certainty that the animal is suffering from serious injury or serious disease which renders the dog unfit for sale. Consignor shall submit the request for withdrawal and veterinarian affidavit to SSDS not later than 24 hours prior to commencement of sale session.

The dogs consigned to the SSDS are entirely at the risk of the consignor until sold and fully paid for. The consignor is the responsible party, SSDS acting only as the agent. Consignor warrants title of each dog free of any liens or encumbrances and agrees to defend title against all claims. Consignor warrants all information set forth herein regarding pedigrees, identity, engagements, etc. Consignor warrants that no animal is suffering from any contagious disease or is unsafe or vicious, will be entered in the sale. Consignor acknowledges that consignor is solely responsible for all information provided herein. Consignor agrees to indemnify and hold SSDS harmless from all costs, claims and expenses incurred because of question to title, pedigree, physical condition, identity, engagements or resulting from claims against the animal or proceeds from the sale.

The Consignor may not charge the Buyer for the first 7 days past the sale that the dog stays with the Seller until the Buyer can get the dog picked up. If the dog stays past 7 days, the Consignor may charge any boarding/care fee as they desire.

The registration certificate of each dog listed as registered must be furnished with a clear title of ownership by the consignor. The consignor understands that he is responsible for providing the Buyer with the original and signed registration certificate required to transfer the dog to the Buyer.

In disputed cases involving the soundness of a dog or statement by consignor, SSDS will have the sole right to appoint an expert who shall decide the point at issue. The decision of the expert, and no other, shall be binding on both seller and buyer, and if the consignor is decided in wrong, he agrees to pay the examination fee, and that in case the animal is refused by a bidder on account of misrepresentation of the consignor, and the refusal is sustained by the referee, he will pay the full commission.

SSDS disclaims responsibility for errors and/or omissions by consignors or their agents and/or omissions in catalogue.

 

SELECT STOCK DOG SALES LLC. CONDITIONS OF SALE

FROM: Select Stock Dog Sales LLC (the Auctioneer) TO: All Sale Participants – Take Notice

NO. 1 GOVERNING LAW

Neither the Auctioneer, any representative thereof, nor Select Stock Dog Sales LLC, any representative thereof are responsible for any liability whatsoever, including, but not limited to, the loss, damage, injury, death or illness of any dog, person, or property before, during or after the sale.

All dogs consigned to the sale are offered in accordance with the laws of the State of Texas and all transactions between Buyer, Seller and the Auctioneer are governed by the laws of the State of Texas. Each dog offered in the sale is sold “As Is And With All Defects”. In the event of any legal dispute between the Buyer and the Seller, Auctioneer will occupy the position of agent for a disclosed principal and stakeholder and will be discharged from all obligations owing to the Seller or Buyer upon delivery of any property or funds held by Auctioneer to the court having jurisdiction of such dispute.

 

NO. 2 BIDDING PROCEDURE

The highest bidder shall become the Buyer. Auctioneer reserves the right to reject any and all bids.

 

NO. 3 BIDDING DISPUTES

If a dispute should arise between or among two or more bidders, the Auctioneer shall settle the dispute, and his decision shall be absolute, final, and binding on all parties. In such a case, the Auctioneer has the right to reopen the bidding procedure and ask for advanced bids, solely between the bidders having claimed the last bid. If there is no advance bid, the dog shall be sold to the bidder from whom the Auctioneer recognized the final bid. If for any reason the bid should be reduced below the recognized bid at the beginning of such a dispute, the Auctioneer may reopen the bidding to all bidders with the highest bidder becoming the Buyer regardless of whether or not the final bid exceeds the bid which was originally disputed. AUCTIONEER/ SELECT STOCK DOG SALES LLC RESERVES THE RIGHT TO BID ON ANY DOG OR ITEM TO PROTECT THE SELLERS RESERVE. CONSIGNOR/SELLER MAY ALSO BID ON THEIR OWN DOG TO PROTECT THEIR RESERVE.

 

 

NO. 4 TITLE AND DELIVERY

Title passes to the Buyer automatically at the “fall of the gavel” which is the point in time where bidding has closed online on the particular lot. At such time, Buyer assumes all risk of loss and the responsibility, maintenance, care and expenses for the dog sold passes immediately from the Seller to the Buyer. This shall especially be the condition in the case of illness, injury, or death of any dog after it has been sold. Upon the passage of title, the Buyer agrees to indemnify and hold the Auctioneer, consignor, any representative thereof, Select Stock Dog Sales LLC, any representative thereof, harmless from all loss, cost and expense including but not limited to: (a) the illness, injury or death of purchased dog, or (b) loss or damage to property, and (c) injury or death of persons caused by the Buyer, his agents, employees or the purchased dog. Title and all risks are assumed by the Buyer whether or not delivery has been made. Delivery of a purchased dog shall be contingent upon the Buyer making a full settlement to the sale cashier as described in Condition No. 5.

 

NO. 5 SETTLEMENT

Settlement for any purchase must be made in full and paid directly to the sale cashier within the specified time announced prior to the commencement of the auction. The card on file will not be charged unless the Buyer fails to pay the dog in full within the specified timeframe. The card will be charged  if the Buyer fails to pay within the specified timeframe. Payment to any other source is prohibited and is not recognized as settlement. Settlement for any purchase must be made for the full purchase price with U.S. Currency or with funds from a U.S. Bank in the form of a bank check, credit card, cash, certified check or travelers check, all of which must have been approved by Auctioneer. The Buyer’s Acknowledgement of Purchase and Security Agreement is not transferable without the approval of Auctioneer. The copy of the Buyer’s Acknowledgement of Purchase and Security Agreement retained by Buyer must be presented by Buyer at the time of settlement.  Any person signing a check in the State of Texas is liable for the full amount of the check. Any party issuing a check returned as “insufficient funds” or “payment stopped” or “account closed” or issuing a check that shall for any reason not clear drawee’s bank, is subject to being prosecuted to the full extent of the law and is further subject to all legal and equitable remedies, including interest, court costs and attorney fees. Appropriate legal services will be obtained in whatever jurisdiction necessary to secure performance of any payment given as settlement and all costs, including attorney’s fees, incurred by Auctioneer shall be the responsibility of the party issuing such payment.

 

NO. 6 DEFAULTERS

After successfully winning a bid, all Buyers shall be responsible for the full purchase price, as stated, for the dog. Buyers who fail in any respect whatsoever to make settlement as described in Condition No. 5, shall be declared in default. The Seller or Auctioneer may bring suit against the defaulter who shall be responsible for all costs, including attorney’s fees, incurred by Auctioneer in collection of amounts owing, or in enforcement or interpretation of the sale condition.

 

NO. 7 WARRANTIES

There is no warranty, express or implied by the Auctioneer, consignor, any representative thereof, or Select Stock Dog Sales LLC, any representative thereof as to the soundness, physical condition, health, disposition, merchantability or fitness for any particular purpose of any dog offered in this sale. All dogs are sold “as is” with all existing conditions and defects. Any and all guarantees announced on the Seller’s behalf in the description on the website are made solely between the Seller and the Buyer.

 

NO. 8. FERTILITY

No Guarantees are made by the Auctioneer, any representative thereof, or Select Stock Dog Sales LLC , consignor, any representative thereof regarding pregnancy status, eventual welping, or fertility of any dog offered for sale.

 

NO. 9 CATALOG AND ANNOUNCEMENTS

The accuracy of all information in the catalog is the sole responsibility of the Seller. While certain information may have been procured by the Auctioneer from third parties on behalf of the Seller, it is nonetheless solely the responsibility of the Seller to verify the accuracy of such information. The Auctioneer or any representative thereof, does not assume any responsibility or liability for errors or omissions, or for any verbal or written statement regarding the dog sold.

 

NO. 10 REGISTRATION CERTIFICATES

If the dog is registered, It is the responsibility of the Consignor to furnish the Buyer with original and signed registration certificate immediately after the sale has concluded and the dog has been paid for in full.

          

NO. 11 AUCTIONEER DISCLAIMER

The Auctioneer or any representative thereof, does not act as agent for or represent the Buyer or Seller, but only provides a medium for bringing together the Buyer and Seller for the purpose of a sales transaction. There is no implied or express warranty made by the Auctioneer or any representative thereof as to the marketability or suitability of any dog for a particular purpose.

 

NO. 12

If a dispute should arise between Seller and Auctioneer or Buyer and Auctioneer, all claims, disputes, controversies, differences or other matters in question arising out of the Auctioneer’s relationship to any party in the matters stated in these Conditions of Sale (the claims) and all other matters in which Auctioneer has provided any type of services at any time, whether or not those matters are encompassed within this document (including, but not limited to compensation for fees, expenses and/or commissions) shall be settled finally, completely and conclusively by binding arbitration in Weatherford, Parker County, Texas, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “Rules”), by one or more arbitrators chosen in accordance with the Rules. Arbitration shall be initiated by written demand of the party seeking arbitration. A decision of the arbitrator or arbitrators shall be final, conclusive and binding on the parties and judgment may be entered thereon in the District Court of Parker County, Texas, to enforce such decision and the benefits thereof. Any arbitration held in accordance with this paragraph shall be private and confidential and no person shall be entitled to attend the hearings except the arbitrator(s), the stenographer, (if one is requested), the parties and the attorneys for the parties and/ or representatives designated by the parties. The matters submitted for arbitration, the hearings and proceedings there under and the arbitration award shall be kept and maintained in strictest confidence by the parties and shall not be discussed, disclosed or communicated to any person. On request of any party, the record of the proceeding shall be sealed and may not be disclosed except insofar, and only insofar, as may be necessary to enforce the award of the arbitrators and any judgment enforcing such award. The prevailing party shall be entitled to recover reasonable and necessary attorneys’ fees and the costs of arbitration from the non-prevailing party. All Sellers, Buyers, bidders and attendees voluntarily and intentionally waive any right that they may have to a trial by jury in respect to any litigation arising from or connected with this auction.