Arizona Horse Sales Buyer's Terms and Conditions
Bidding
Bidders have 3 options to bid: onsite, online, or agent bidding. See our “Register to Bid” page on our website to get registered for our next sale. All bidders are required to be at least 18 years of age. Online bidders nor any pre-bids will not have precedence over floor bids. All bids are placed to the auctioneer and auctioneer accepts the ones he sees/hears first. Setting max bids online does not guarantee the bidder winning for that amount over a floor bidder. To help avoid this happening, make sure your max is truly your max. The highest bidder is the buyer. If any dispute arises between or among two or more bidders, sole authority to settle the dispute as he sees fit is reserved by the auctioneer and the decisions shall be final. Seller reserves the right to waive the sale (bids) of his/her horse before it leaves the ring. The auctioneer reserves the right to reject any or all bids. The auctioneer completes sale of a horse at the fall of the gavel. We reserve the right to refuse bidding to anyone. Anyone can/will be asked to leave or banned from bidding if problems arise.
• International Bidders: Register onsite, online, or by phone. A letter from your bank is required to be an approved bidder. Email a letter on your bank’s letterhead stating you bank with them and all accounts are in good standing. Email to info@mmauctionservices.com.
• Onsite Bidders: Register at the sale office anytime by bringing your driver’s license and credit card as a form of payment to have on file whether you plan to pay this way or not.
• Online Bidders: Online Bidding is provided by our company, MM Auction Services, LLC. Go to Premieronlinesales.com and you can find it under current auctions at that link. Click on “Buyer Resources” to get started or call with questions. There will be a 1% online buyers fee applied to all online winning bids. You’ll need to create an account with our online platform first. Once we have verified your accounts with your bank, we will send you an “approval to bid” email. Watch for emails in your spam folder.
• Agent Bidders: These bidders are in person at the sale. Buyer and agent are required to fill out the Agent’s Authorization Form and email a copy of the agent and bidder’s driver’s license to info@mmauctionservices.com. Our clerks will contact the buyer for a form of payment to have on file.
Payment
Payment in full is required to be made to MM Auction Services immediately following the sale by credit card, cash, check, or wire transfer. International purchases are payable only by credit/debit card or wire transfer. A 4% convenience fee will be charged if payments are made with a credit or debit card (5.5% international). No fee for paying with cash, check, or wire transfer. Wire transfer is for online bidders only and is required to be transported by our exclusive hauler only and not to be delivered before payment is received or the horse is required to stay at our facility until the payment is received. Additional boarding fees may apply. By providing MM Auction Services your credit card information to process payments, you are agreeing that they can process the full payment due through the account information you provide them whether it’s done online, via phone, or face to face. By making payment, you acknowledge that you waive the right for a return of horse(s) along with all refunds of monies paid, etc. in conjunction with any purchases at this sale/auction from MM Auction Services, LLC. MM Auction Services is a pass-through agency and does not hold funds for guarantees, returns or refunds of monies paid on animals purchased at auction. All buyers agree to not place any kind of charge back on any payment made towards the purchase of a horse. All buyers agree to pay $100/day late fee for any reason their invoice is not paid directly following the sale same day or by wire transfer Monday following the sale. Any buyers that ask to hold checks for any reason, will be charged $100/day fee in order for us to do so and this needs approved by our office before taking place.
Buyer’s Guarantee
Buyer’s guarantee to not request presale x-rays, vet exams, or any images or content from any vet after purchasing a horse. Bidders guarantee to get all exams and images needed from a vet prior to bidding or registering for this sale allowing them to have the confidence prior to the horse selling in order to bid. Bidders guarantee that when they raise their hand to bid, click to bid online, or say “yes” by phone bidding, they will pay the fees listed below even if they determine they “didn’t mean” to bid or call it an accident. If you click to bid online, you are entering a legal binding contract. It doesn’t matter whether you bid accidentally or someone else bids for you under your account. Same goes for phone or agent bidding. We call the number you provide and the person on the other end is the bidder and has final say. Bidding and winning but not paying for the horse will result in fees due for loss of income to both the seller and MM Auction Services, LLC.
• 10% of the determined sale price to MM Auction Services for loss of income
• $250 consignment fee to the seller for loss of income
• $1,000 advertising fees to the seller for loss of income
• $10,000 training fees to the seller for loss of income
• $500 travel fees to the seller for loss of income
• Plus, the final sale price of the horse and all fees
Absolutely no private sales with trainers either prior to the sale or after the auction. Trainers have given MM Auction Services, LLC Exclusive Rights for selling the consigned horses. All horses brought to the sale are required to go through the auction ring. Any horses “no sold” in the ring but sold outside within 48 hours are expected to report it to the office. We will leave it up to the integrity of the seller to make sure this happens and we know that buyers only want to purchase from reputable people.
Seller’s Guarantee
Based upon representations made solely by the horse seller, all horses are sold guaranteed sound by the seller only that at the time of sale the horse was sound of limb, wind, and eye unless other announcements are made from the auction block. This soundness guarantee shall be exclusively between buyer and seller only and does not include any other persons. Buyer understands and agrees that MM Auction Services is not responsible to perform any inspection or to independently confirm or verify the soundness of seller’s horse. Buyer understands and agrees that MM Auction Services is unaware of the condition of Seller’s horse, and therefore is relying solely upon representations made by seller regarding the condition of the horse and that the horse is sound. All soundness guarantees do not include any time period following the sale including transportation. Buyers are encouraged to purchase equine insurance directly following the sale to protect their investments. Shall any soundness disputes arise; the buyer is required to contact the seller and settle the dispute. Buyer agrees to indemnify, release and hold harmless MM Auction Services, Colby or Codi Gines, Arizona Horse Sales, and Dillon’s Western Trails Ranch to and from any claims, liability or damages which may be asserted by buyer of the horse on account of any breach of warranty, breach of promise or alleged misrepresentation. In the event it is determined that the defect was present at the time of sale, the seller is required to trade the buyer a horse of same value. If the horse is determined not to have the alleged defect, the sale of said horse is valid and enforceable and purchaser assumes all costs of examination, treatment, and sale purchase price. Soundness does not guarantee pass of a check by any vet or trainer following the sale. Buyers are to ride and visit the horse before the sale giving them the confidence they need to bid come sale day. If Buyer wants additional x-rays, they need to have them completed before the sale at their own expense. Buyers are required to contact the seller to resolve any situations. A decision needs to be made based on what is best for both parties. Whether the buyer did their homework or not, will also be taken into consideration.
The buyer understands and agrees that the seller of each animal (not MM Auction Services nor Arizona Horse Sales) represents and warrants to the buyer to include but not limited to the following:
• Title of the animal, free from all claims of ownership
• Sound of limb, eyes, and wind
• Not a cribber or wind sucker
• Not cryptorchid
Requirements for Transport
• Brand Inspection – Arizona is not a brand state for horses so buyers will not get charged for this nor will they receive a brand inspection.
• Coggins – Required for transport into and out of every state. All horses sold are required to provide a coggins test current within 11 months of sale date (provided by seller).
• Health – Required for transport out of every state and as proof of ownership in most states. A veterinarian will be on grounds to provide all horses a current health inspection that are traveling out of state. Fees will be included with horse payment at checkout
Transporters: We highly recommend that buyers hire a licensed and insured transporter. Lightning T Transport is exactly that and our sale’s exclusive transporter. They’ll be at the sale waiting to take care of you and your next partner. Call to get a quote (307)351-6106.
Equine Insurance: We highly recommend that buyers protect their investments and purchase equine insurance. Covered by Cori is our exclusive equine insurance provider. Call them for a quote (940)241-9730.
Care of & Pick-Up
Buyer assumes full ownership and responsibility of the animal from the time it is sold in the sale ring. It is the new owner’s responsibility and sole risk from the time of purchase for proper feed, care, and maintenance. Buyers will be responsible to pick-up purchased horse(s) immediately following the sale or a nightly boarding/care/feed fee will be assessed. If buyers cannot do so then MM Auction Services will feed, water, and care for the horses until transporter arrives. All horses can stay in their current stall until noon the day after the sale. They are required to be checked out no later than noon unless other arrangements are made.
Buyer’s Fees
• Sales Tax: 6.3% Arizona sales tax will be collected on purchases unless the buyer provides proper exemption documentation. Buyers are responsible for determining their tax status and providing any required exemption certificates.
• Health Papers: $50 health inspection fee/horse Yardage: $20 yardage fee/day – Feeding & care provided
• Additional Fees:
• 1% Online Buyers Fee
• 4% credit/debit card convenience fee (5.5% International)
Arizona Tax Exempt Purchase
Qualifying horse purchases may be exempt from Arizona Transaction Privilege Tax (TPT). Buyers claiming an exemption must provide MM Auction Services, LLC dba Arizona Horse Sales with a properly completed Arizona Form 5000. By submitting Form 5000, Buyer certifies that the purchase qualifies for the exemption claimed and accepts full responsibility for the accuracy and validity of the exemption. If the Arizona Department of Revenue or other taxing authority later determines that the purchase does not qualify, Buyer shall be solely responsible for all taxes, penalties, interest, late fees, and other amounts due. MM Auction Services, LLC dba Arizona Horse Sales shall have no liability for such amounts. Buyers who do not qualify for an exemption are responsible for all applicable Arizona TPT at the rate in effect for the transaction. Buyer acknowledges that applicable tax is in addition to the purchase price and other fees. Failure to anticipate, understand, or qualify for a tax exemption does not relieve Buyer of the obligation to complete and pay for the purchase and is not grounds for cancellation or rescission of the sale.
Warranty
There is no implied warranty made by auctioneer or Sale Company as to the merchantability or fitness for a particular purpose of any animal in the sale. The buyer agrees that it is relying upon any warranties or representations made prior to or during the sale to be made only by and on behalf of the seller or their representatives. Buyer agrees that MM Auction Services LLC and Arizona Horse Sales are serving merely as agents selling said horse(s) for the seller as the principle. The seller/trainer is the sole responsible party for all representations, warranties, and guarantees expressed or implied concerning the condition of any horse and buyers should satisfy themselves concerning the condition before purchasing. Once again, buyers need to do their homework well in advance of the sale to find the sale animal that best fits them. The buyer and sale attendees further agree to hold the seller, MM Auction Services LLC, Arizona Horse Sales, and Dillon’s Western Trails Ranch harmless from all loss, cost and expense rising from illness, injury or death of such animal, or loss or damage to property, and injury or death of persons, caused by themselves, their agents, or employees, or by the animal, subsequent to the time of purchase.
Attorney Fees
If any attorney is employed by any party with regard to any legal or equitable action, arbitration or other proceeding brought by such party for enforcement of or because of an alleged dispute, breach, default or misrepresentation in connection with any part of the sale process or horse bought or sold, the prevailing party will be entitled to recover from the other party reasonable attorneys & fees and other costs and expenses incurred, in addition to any other relief to which the prevailing party may be entitled.
Liability
Buyers, sellers, and spectators are cautioned to exercise care while attending the sale and enter premises at their own risk according to the laws of the state of Arizona. Neither the owners nor any other persons connected with this sale assume any liability, legal or otherwise, for accidents to persons or property, before, during, or after the sale. Colby & Codi Gines, Arizona Horse Sales, MM Auction Services, LLC; its principals, directors, officers, agents, employees and volunteers, and each and every landowner, municipal and/or government agency upon whose property this activity is conducted, shall not be liable for injuries sustained by anyone attending the Arizona Horse Sales. MM Auction Services, LLC & its associates act as agents only and are not responsible for buyer/seller error or misunderstanding. All guarantees are for the benefit and reliance by buyers and are strictly between the buyer and the seller of the horse. All animals are sold “As Is”. In further consideration of this sale, I agree to indemnify and defend Arizona Horse Sales, MM Auction Services, LLC, Colby & Codi Gines, their agents and associates, from all injury, loss of equipment, loss of animal or damages to myself, my animals or damages or injury to others lien property from my animals, by entering this horse sale whether by negligence, breach of warranty, or any misrepresentation which is alleged to have been made about the soundness of any animal sold at the sale . The undersigned by executing this instrument delivers said agreement to MM Auction Services, LLC, Arizona Horse Sales, and Colby and Codi Gines and declares them free of any and all claims. If any claim or dispute is asserted or arises out of or over the sale or consignment of any lot or animal sold at auction, it is agreed that venue for any dispute shall be resolved exclusively in the Courts in the State of Wyoming, and that Wyoming law shall control this transaction or any claims or disputes which arise directly or indirectly out of this transaction in all respects. If any attorney is employed by any party with regard to any legal or equitable action, arbitration or other proceeding brought by such party for enforcement of or because of an alleged dispute, breach, default or misrepresentation in connection with any part of the sale process or horse bought or sold, the prevailing party will be entitled to recover from the other party reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which the prevailing party may be entitled. Buyer agrees that their electronic signature is intended to constitute their legal signature and has the same force and effect as a handwritten signature. By purchasing a horse at Arizona Horse Sales and/or by electronically signing, Buyer acknowledges that they have read, understand, and agree to be legally bound by these Terms & Conditions. Buyer consents to receive and retain electronic copies of these Terms & Conditions and related transaction documents.
Bidders have 3 options to bid: onsite, online, or agent bidding. See our “Register to Bid” page on our website to get registered for our next sale. All bidders are required to be at least 18 years of age. Online bidders nor any pre-bids will not have precedence over floor bids. All bids are placed to the auctioneer and auctioneer accepts the ones he sees/hears first. Setting max bids online does not guarantee the bidder winning for that amount over a floor bidder. To help avoid this happening, make sure your max is truly your max. The highest bidder is the buyer. If any dispute arises between or among two or more bidders, sole authority to settle the dispute as he sees fit is reserved by the auctioneer and the decisions shall be final. Seller reserves the right to waive the sale (bids) of his/her horse before it leaves the ring. The auctioneer reserves the right to reject any or all bids. The auctioneer completes sale of a horse at the fall of the gavel. We reserve the right to refuse bidding to anyone. Anyone can/will be asked to leave or banned from bidding if problems arise.
• International Bidders: Register onsite, online, or by phone. A letter from your bank is required to be an approved bidder. Email a letter on your bank’s letterhead stating you bank with them and all accounts are in good standing. Email to info@mmauctionservices.com.
• Onsite Bidders: Register at the sale office anytime by bringing your driver’s license and credit card as a form of payment to have on file whether you plan to pay this way or not.
• Online Bidders: Online Bidding is provided by our company, MM Auction Services, LLC. Go to Premieronlinesales.com and you can find it under current auctions at that link. Click on “Buyer Resources” to get started or call with questions. There will be a 1% online buyers fee applied to all online winning bids. You’ll need to create an account with our online platform first. Once we have verified your accounts with your bank, we will send you an “approval to bid” email. Watch for emails in your spam folder.
• Agent Bidders: These bidders are in person at the sale. Buyer and agent are required to fill out the Agent’s Authorization Form and email a copy of the agent and bidder’s driver’s license to info@mmauctionservices.com. Our clerks will contact the buyer for a form of payment to have on file.
Payment
Payment in full is required to be made to MM Auction Services immediately following the sale by credit card, cash, check, or wire transfer. International purchases are payable only by credit/debit card or wire transfer. A 4% convenience fee will be charged if payments are made with a credit or debit card (5.5% international). No fee for paying with cash, check, or wire transfer. Wire transfer is for online bidders only and is required to be transported by our exclusive hauler only and not to be delivered before payment is received or the horse is required to stay at our facility until the payment is received. Additional boarding fees may apply. By providing MM Auction Services your credit card information to process payments, you are agreeing that they can process the full payment due through the account information you provide them whether it’s done online, via phone, or face to face. By making payment, you acknowledge that you waive the right for a return of horse(s) along with all refunds of monies paid, etc. in conjunction with any purchases at this sale/auction from MM Auction Services, LLC. MM Auction Services is a pass-through agency and does not hold funds for guarantees, returns or refunds of monies paid on animals purchased at auction. All buyers agree to not place any kind of charge back on any payment made towards the purchase of a horse. All buyers agree to pay $100/day late fee for any reason their invoice is not paid directly following the sale same day or by wire transfer Monday following the sale. Any buyers that ask to hold checks for any reason, will be charged $100/day fee in order for us to do so and this needs approved by our office before taking place.
Buyer’s Guarantee
Buyer’s guarantee to not request presale x-rays, vet exams, or any images or content from any vet after purchasing a horse. Bidders guarantee to get all exams and images needed from a vet prior to bidding or registering for this sale allowing them to have the confidence prior to the horse selling in order to bid. Bidders guarantee that when they raise their hand to bid, click to bid online, or say “yes” by phone bidding, they will pay the fees listed below even if they determine they “didn’t mean” to bid or call it an accident. If you click to bid online, you are entering a legal binding contract. It doesn’t matter whether you bid accidentally or someone else bids for you under your account. Same goes for phone or agent bidding. We call the number you provide and the person on the other end is the bidder and has final say. Bidding and winning but not paying for the horse will result in fees due for loss of income to both the seller and MM Auction Services, LLC.
• 10% of the determined sale price to MM Auction Services for loss of income
• $250 consignment fee to the seller for loss of income
• $1,000 advertising fees to the seller for loss of income
• $10,000 training fees to the seller for loss of income
• $500 travel fees to the seller for loss of income
• Plus, the final sale price of the horse and all fees
Absolutely no private sales with trainers either prior to the sale or after the auction. Trainers have given MM Auction Services, LLC Exclusive Rights for selling the consigned horses. All horses brought to the sale are required to go through the auction ring. Any horses “no sold” in the ring but sold outside within 48 hours are expected to report it to the office. We will leave it up to the integrity of the seller to make sure this happens and we know that buyers only want to purchase from reputable people.
Seller’s Guarantee
Based upon representations made solely by the horse seller, all horses are sold guaranteed sound by the seller only that at the time of sale the horse was sound of limb, wind, and eye unless other announcements are made from the auction block. This soundness guarantee shall be exclusively between buyer and seller only and does not include any other persons. Buyer understands and agrees that MM Auction Services is not responsible to perform any inspection or to independently confirm or verify the soundness of seller’s horse. Buyer understands and agrees that MM Auction Services is unaware of the condition of Seller’s horse, and therefore is relying solely upon representations made by seller regarding the condition of the horse and that the horse is sound. All soundness guarantees do not include any time period following the sale including transportation. Buyers are encouraged to purchase equine insurance directly following the sale to protect their investments. Shall any soundness disputes arise; the buyer is required to contact the seller and settle the dispute. Buyer agrees to indemnify, release and hold harmless MM Auction Services, Colby or Codi Gines, Arizona Horse Sales, and Dillon’s Western Trails Ranch to and from any claims, liability or damages which may be asserted by buyer of the horse on account of any breach of warranty, breach of promise or alleged misrepresentation. In the event it is determined that the defect was present at the time of sale, the seller is required to trade the buyer a horse of same value. If the horse is determined not to have the alleged defect, the sale of said horse is valid and enforceable and purchaser assumes all costs of examination, treatment, and sale purchase price. Soundness does not guarantee pass of a check by any vet or trainer following the sale. Buyers are to ride and visit the horse before the sale giving them the confidence they need to bid come sale day. If Buyer wants additional x-rays, they need to have them completed before the sale at their own expense. Buyers are required to contact the seller to resolve any situations. A decision needs to be made based on what is best for both parties. Whether the buyer did their homework or not, will also be taken into consideration.
The buyer understands and agrees that the seller of each animal (not MM Auction Services nor Arizona Horse Sales) represents and warrants to the buyer to include but not limited to the following:
• Title of the animal, free from all claims of ownership
• Sound of limb, eyes, and wind
• Not a cribber or wind sucker
• Not cryptorchid
Requirements for Transport
• Brand Inspection – Arizona is not a brand state for horses so buyers will not get charged for this nor will they receive a brand inspection.
• Coggins – Required for transport into and out of every state. All horses sold are required to provide a coggins test current within 11 months of sale date (provided by seller).
• Health – Required for transport out of every state and as proof of ownership in most states. A veterinarian will be on grounds to provide all horses a current health inspection that are traveling out of state. Fees will be included with horse payment at checkout
Transporters: We highly recommend that buyers hire a licensed and insured transporter. Lightning T Transport is exactly that and our sale’s exclusive transporter. They’ll be at the sale waiting to take care of you and your next partner. Call to get a quote (307)351-6106.
Equine Insurance: We highly recommend that buyers protect their investments and purchase equine insurance. Covered by Cori is our exclusive equine insurance provider. Call them for a quote (940)241-9730.
Care of & Pick-Up
Buyer assumes full ownership and responsibility of the animal from the time it is sold in the sale ring. It is the new owner’s responsibility and sole risk from the time of purchase for proper feed, care, and maintenance. Buyers will be responsible to pick-up purchased horse(s) immediately following the sale or a nightly boarding/care/feed fee will be assessed. If buyers cannot do so then MM Auction Services will feed, water, and care for the horses until transporter arrives. All horses can stay in their current stall until noon the day after the sale. They are required to be checked out no later than noon unless other arrangements are made.
Buyer’s Fees
• Sales Tax: 6.3% Arizona sales tax will be collected on purchases unless the buyer provides proper exemption documentation. Buyers are responsible for determining their tax status and providing any required exemption certificates.
• Health Papers: $50 health inspection fee/horse Yardage: $20 yardage fee/day – Feeding & care provided
• Additional Fees:
• 1% Online Buyers Fee
• 4% credit/debit card convenience fee (5.5% International)
Arizona Tax Exempt Purchase
Qualifying horse purchases may be exempt from Arizona Transaction Privilege Tax (TPT). Buyers claiming an exemption must provide MM Auction Services, LLC dba Arizona Horse Sales with a properly completed Arizona Form 5000. By submitting Form 5000, Buyer certifies that the purchase qualifies for the exemption claimed and accepts full responsibility for the accuracy and validity of the exemption. If the Arizona Department of Revenue or other taxing authority later determines that the purchase does not qualify, Buyer shall be solely responsible for all taxes, penalties, interest, late fees, and other amounts due. MM Auction Services, LLC dba Arizona Horse Sales shall have no liability for such amounts. Buyers who do not qualify for an exemption are responsible for all applicable Arizona TPT at the rate in effect for the transaction. Buyer acknowledges that applicable tax is in addition to the purchase price and other fees. Failure to anticipate, understand, or qualify for a tax exemption does not relieve Buyer of the obligation to complete and pay for the purchase and is not grounds for cancellation or rescission of the sale.
Warranty
There is no implied warranty made by auctioneer or Sale Company as to the merchantability or fitness for a particular purpose of any animal in the sale. The buyer agrees that it is relying upon any warranties or representations made prior to or during the sale to be made only by and on behalf of the seller or their representatives. Buyer agrees that MM Auction Services LLC and Arizona Horse Sales are serving merely as agents selling said horse(s) for the seller as the principle. The seller/trainer is the sole responsible party for all representations, warranties, and guarantees expressed or implied concerning the condition of any horse and buyers should satisfy themselves concerning the condition before purchasing. Once again, buyers need to do their homework well in advance of the sale to find the sale animal that best fits them. The buyer and sale attendees further agree to hold the seller, MM Auction Services LLC, Arizona Horse Sales, and Dillon’s Western Trails Ranch harmless from all loss, cost and expense rising from illness, injury or death of such animal, or loss or damage to property, and injury or death of persons, caused by themselves, their agents, or employees, or by the animal, subsequent to the time of purchase.
Attorney Fees
If any attorney is employed by any party with regard to any legal or equitable action, arbitration or other proceeding brought by such party for enforcement of or because of an alleged dispute, breach, default or misrepresentation in connection with any part of the sale process or horse bought or sold, the prevailing party will be entitled to recover from the other party reasonable attorneys & fees and other costs and expenses incurred, in addition to any other relief to which the prevailing party may be entitled.
Liability
Buyers, sellers, and spectators are cautioned to exercise care while attending the sale and enter premises at their own risk according to the laws of the state of Arizona. Neither the owners nor any other persons connected with this sale assume any liability, legal or otherwise, for accidents to persons or property, before, during, or after the sale. Colby & Codi Gines, Arizona Horse Sales, MM Auction Services, LLC; its principals, directors, officers, agents, employees and volunteers, and each and every landowner, municipal and/or government agency upon whose property this activity is conducted, shall not be liable for injuries sustained by anyone attending the Arizona Horse Sales. MM Auction Services, LLC & its associates act as agents only and are not responsible for buyer/seller error or misunderstanding. All guarantees are for the benefit and reliance by buyers and are strictly between the buyer and the seller of the horse. All animals are sold “As Is”. In further consideration of this sale, I agree to indemnify and defend Arizona Horse Sales, MM Auction Services, LLC, Colby & Codi Gines, their agents and associates, from all injury, loss of equipment, loss of animal or damages to myself, my animals or damages or injury to others lien property from my animals, by entering this horse sale whether by negligence, breach of warranty, or any misrepresentation which is alleged to have been made about the soundness of any animal sold at the sale . The undersigned by executing this instrument delivers said agreement to MM Auction Services, LLC, Arizona Horse Sales, and Colby and Codi Gines and declares them free of any and all claims. If any claim or dispute is asserted or arises out of or over the sale or consignment of any lot or animal sold at auction, it is agreed that venue for any dispute shall be resolved exclusively in the Courts in the State of Wyoming, and that Wyoming law shall control this transaction or any claims or disputes which arise directly or indirectly out of this transaction in all respects. If any attorney is employed by any party with regard to any legal or equitable action, arbitration or other proceeding brought by such party for enforcement of or because of an alleged dispute, breach, default or misrepresentation in connection with any part of the sale process or horse bought or sold, the prevailing party will be entitled to recover from the other party reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which the prevailing party may be entitled. Buyer agrees that their electronic signature is intended to constitute their legal signature and has the same force and effect as a handwritten signature. By purchasing a horse at Arizona Horse Sales and/or by electronically signing, Buyer acknowledges that they have read, understand, and agree to be legally bound by these Terms & Conditions. Buyer consents to receive and retain electronic copies of these Terms & Conditions and related transaction documents.