Terms and Conditions

By accessing this web site, you are agreeing to be bound by this website’s Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

Applicable Law

There are no warranties or guarantees as to the fitness for any particular purpose(s) of any horse offered in this sale. All known unsoundnesses or vices shall be documented, placed in the horse’s permanent records, and made available for review before the sale. Every effort has been made to give complete disclosure of all known negative factors (health, disposition, management, etc.) on all horses in the sale. However, no agent of The University of Missouri can or shall be considered responsible for any oversight of a fault. Horses are offered for sale on an “as is” and “where is” basis. All horses are sold "caveat emptor" (buyer beware)! All sales are final.

Public Inspection

Horses are available for public inspection at the University of Missouri Equine Teaching Facility (4400 E. New Haven Road) on November 3rd, 2012 from 10:00-2:00 pm or by appointment. Questions about sale horses can be directed to Marci J. Crosby (573) 884-7836, crosbym@missouri.edu. Prospective bidders are urged to inspect the horses before offering a bid. Any desired veterinary examinations are to be conducted prior to close of the auction at the Buyer's expense, and by appointment only. Bidders not able to attend our sale preview may request copies of all health records and training journals via e-mail.

Bidder Registration

Bidders must be 18 years of age or older to register for this auction. Only persons who can enter into legally binding contracts under applicable law may bid. If you are registering as an agent or using a business name, you represent that you have authority to bind same to these Terms and Conditions.

You are responsible for providing accurate registration information that will be used to identify you to this on-line auction and allow the University of Missouri to contact you. Please update any change in your contact information immediately. Any error caused by your failure to do so is not the responsibility of the University of Missouri.

As a bidder, you are responsible for any bids placed by you or your representative under your username and password. The security of your bidder information is your sole responsibility and the bidder will be responsible for any and all bids placed under the assigned name and/or

number. If, at any time, you feel that your username and password have been compromised due to lack of security on your part, notify the University of Missouri Equine Program immediately.

Bidding Procedure

To bid on a horse, you will first have to register with a username and password by clicking “register”. You can then browse the horses offered for sale, and click on the “make bid” button on the screen for the horse you wish to bid on. Bidding increments are $50.00. All bids are in US Dollars. All bidding will be done on the Internet by registered and approved bidders. You are responsible to monitor bidding activity. You will not receive notification if another bidder outbids your bid. While the pages are refreshed automatically you are advised to also refresh the pages on your own.

It is suggested you bid the maximum amount you are willing to pay for the horse (which is kept confidential). The auction will then automatically execute a bid if you are outbid, while keeping the price as low as possible and at or below your maximum bid price. A bidder doesn’t have to watch the auction every minute to make sure they are not outbid. However, you should monitor bidding periodically. If you do not use this process you may be outbid minutes before the close of the on-line auction and may not be able to enter another bid. When bidding ends, all sales shall be considered final. A bid by any person shall be deemed conclusive proof that such person is familiar with the Terms and Conditions as stated herein and that the bidder agrees to be bound by them.

Transmission time varies and bids are time stamped by the host computer with the time received. Bids must be received by the host computer prior to close of the auction to be accepted.

The University of Missouri Online Horse Auction closes at 7:00pm on November 8th, 2012. The University of Missouri will decline any bids made by parties who have defaulted on former purchases, or persons who at the discretion of the University are not responsible bidders, and the University of Missouri’s decision shall be final. To prevent selling horses at or below slaughter price, the University reserves the right to set a "floor price" on each horse. The successful bidder will be notified by telephone and by a formal letter of purchase.

Bidding Disputes

Should any dispute arise between any two bidders, the University of Missouri shall adjudicate the dispute and the decision shall be absolute. Bids received after the closing of the sale are not valid. The University of Missouri reserves the right to reject any and all bids.

Risk to Horses

The successful bidder, after notification of purchase, assumes all risk and responsibility for the horse. All horses must be removed from the farm by 12:00pm (noon) November 15th, 2012, with pick-up times set up in advance by appointment. The successful bidder must assume full responsibility for damage or bodily injury done to himself or to his employees in connection with the removal of the horses. The Purchase Price must be paid prior to the removal of the horses.

During the stay of the horse, students and staff shall continue to provide all normal care. Students or staff will be available to assist with the loading of horses, but without any liability being accepted for injury or accidents to animals, persons or equipment.

A $25 a day boarding fee will be assessed for horses left after 12:00pm (noon) on November 15th. During the stay of the horse, neither the University of Missouri, its employees, students, officers or agents shall be liable for any accidents, disease, death or injury to any horse. Nor shall the aforementioned agents be responsible for any accidents or injuries inflicted by the horse on any persons, facilities or equipment.

WARNING: UNDER MISSOURI LAW, AN EQUINE PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN EQUINE ACTIVITES RESULTING FROM THE INHERENT RISKS OF EQUINE ACTIVITES PURSUANT TO THE REVISED STATUTES OF MISSOURI.

Payment

Purchaser must make payment by a certified or cashier's check made out to “The Curators of the University of Missouri”, in advance of the removal of the horse from University property. If payment is not made within 10 days of notification, the horses shall then become the property of the University and the bid will be considered void.

Registration Papers

Registration papers and signed transfers will be mailed directly to the buyer after all checks have cleared (within 14 business days). The buyer is responsible for any transfer fees.

Care of Horses

As a condition of the sale the bidder assumes full responsibility for the proper care and shelter of the animal in accordance with humane standards and the requirements of applicable laws.

Examine horses at your own risk

The public is cautioned to be extremely careful while on the grounds examining horses and particularly while horses are being ridden. Do not enter stalls or paddocks unattended under any circumstances. A student or staff member will be happy to assist you in viewing the horses.

Public Liability

Neither The University of Missouri, its employees, students, volunteers, officers or agents assume any responsibility for any injury, death, or damage to a person or animal of any kind. For liability reasons, horses may only be handled and ridden by students in the University of Missouri program.