Indiana Thoroughbred Owners and Breeders Association
2023 Fall Mixed Sale
SATURDAY OCTOBER 14TH 1:00PM EST
Horseshoe Indianapolis Receiving Barn
4300 N. Michigan Rd * Shelbyville, IN 46176
Be sure to visit the ITOBA website at ITOBA.com
Be sure to Like & Follow ITOBA on Facebook!
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Horse Auctions USA is so pleased to be a part of this event!
Please note that the LIVE sale on Saturday October 14th (which you are currently viewing) and the DIGITAL SALE which will run October 16-19 are set up as 2 separate events here on the Horse Auctions USA website. However, we have linked these events so that our online bidders will only need to complete Bidder Registration Information a single time. When you have registered for one of the sales, you'll need only to click "Register To Bid" on the other and as long as you are logged into your Horse Auctions USA account, the system will automatically acknowledge you as a bidder.
Because these sales are done in 2 different formats, be sure to read the "Sale Information/Practice Lot" for each as that will give you a more specific "How To" explanation for each!
General Sale Information: William Austin Nicks (502) 648-0538
Online Bidding Information: Bridget Lavigne (336) 904-8903
Listings here on the Horse Auctions USA website will populate and be complete by
October 1st
CLICK HERE for a DOWNLOADABLE SALE CATALOG
TERMS AND CONDITIONS OF SALE
By registering with Nicks Auction Service LLC & Horse Auctions USA, you are bound by the terms and conditions of the auction as set forth. As a buyer, you agree to pay for auctions won and horses bought. PLEASE READ THE COMPLETE CONDITIONS OF SALE BEFORE BIDDING. Please keep a copy for your records. You will be bound by these Conditions.
1. AGREEMENT:
a) I represent and agree that I am of legal age, authority and capacity to form a binding contract.
b) I (hereinafter, referred to as Buyer) agree to these terms and conditions, and swear that all the information furnished is true and correct.
c) Buyer agrees to be responsible for any purchase made or actions taken by an Agent authorized by me to act on my behalf,
d) Buyer agrees that this registration to bid is not assignable without the express written approval of Nicks Auction Service LLC.
e) Buyer agrees to make any sale transaction for this entry through Nicks Auction Service LLC.).
Buyer agrees that if they have the winning, final bid, or accepted bid in auction, the Buyer has entered into a binding agreement to purchase the horse.
2. BUYER’S RESPONSIBILITY: By placing a bid in this auction Buyer is indicating they have examined or researched a horse to their satisfaction. Prior to Bidding, Buyers may a) ask Seller for additional information, b) make an appointment with Seller to examine the horse at Seller’s property, c) arrange with Seller to have a veterinarian perform an independent pre-purchase examination, or d) hire an agent or equine professional to inspect and evaluate the horse or any other means that Buyer, in their discretion, regards.
3. 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, 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 horse to their satisfaction. Seller is responsible for disclosing the following conditions, which must be stated, if this entry is a cribber, weaver, is unsound of eyes or wind, has a parrot mouth, is a cryptorchid or ridgling, has had major surgery or a serious illness, has been nerved or has a lameness due to navicular disorder, ringbone, osteoarthritis, founder prior to the sale or other bone abnormality or neurological disorder. Seller is solely responsible for the accuracy of all information that appears in catalogue, sale representation or is communicated to the buyer directly. Seller agrees to hold Nicks Auction Service LLC harmless from any claims arising out of any such inaccuracies or omissions.
4. RELEASE OF HORSE TO BUYER: Nicks Auction Service LLC shall not release a horse to a Buyer until Buyer has made full payment for the horse and funds have been verified by Nicks Auction Service LLC.
5. NO IMPLIED WARRANTIES: There is no warranty expressed or implied by the sales company, sponsors, or Seller, as to the performing soundness, merchantability, or fitness for any particular purpose of any horse offered, other than those made specifically by the Seller. ALL HORSES ARE SOLD “AS IS” WITH ALL EXISTING CONDITIONS AND DEFECTS. RESPONSIBILITY FOR THE REPRESENTATION OF THE HORSE LIES BETWEEN THE SELLER AND THE BUYER.
6. RISK AND RESPONSIBILITY FOR HORSE: Buyer assumes all risk, responsibility, and expense for the horse at the conclusion of the auction.
7. PAYMENT TO SELLER – Once funds are secured by Nicks Auction Service LLC, 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 30 days from the conclusion of the auction.
8. DEFAULT ON PURCHASE – If any person shall purchase a horse and not pay for it as prescribed above, Nicks Auction Service LLC 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 1-1/2% 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.
9. WITHHOLDING FUNDS: Buyer agrees that Nicks Auction Service LLC shall not be required to remit to Seller or Buyer, the net proceeds of the sale of any listing which is the subject of a dispute or claim by the buyer, for misrepresentation, fraud or breach of warranty, until such dispute or claim is resolved and the proceeds of the sale have been received by Nicks Auction Service LLC. The responsibility to resolve such a claim lies between the Seller and the Buyer. Notwithstanding any other provision hereof, should a dispute arise between the Seller and the Buyer, Nicks Auction Service LLC may retain its fees and costs and may hold in escrow the balance of any proceeds of sale in its possession, pending a resolution of the dispute. Any and all legal fees and costs incurred by Nicks Auction Service LLC may be deducted by Nicks Auction Service LLC from the net proceeds of sale still in their possession. Otherwise, the Seller and Buyer shall be jointly and severally liable for the same upon demand.
10. Buyers and Sellers agree to hold Nicks Auction Service LLC, Horse Auctions USA, ITOBA, & Horseshoe Indianapolis harmless of any conflicts, disputes, or misrepresentations made by Buyer or Seller.
11. All Internet Bidders acknowledge that there is an off site Buyer's Premium added to ALL winning off-site bids equal to 4% of the hammer price.
