Arizona Horse Sales Consignor Terms and Conditions
ARIZONA HORSE SALES
CONSIGNOR INFORMATION, RULES & TERMS
For purposes of these Terms & Conditions, “Consignor” or “Seller” means the owner or authorized agent consigning a horse to Arizona Horse Sales.
FEES & COMMISSION
• $100–$350 Non-Refundable Catalog Fee – Dependent upon session selected; deducted from final sale proceeds or due immediately if the horse does not meet its reserve.
• 10% Commission
• $250 No Sale Fee – Applies if the horse doesn’t sell because the Consignor’s reserve price is not met. Required to be announced in the sale ring.
• $1,000 No Show Fee & Permanent Loss of Consignment Privileges
• $20 Yardage/Day – feed & water provided
• $100 Yard Ride – if you need your horse ridden in the sale
• $50 Yard Lead – if you need your horse led through the sale
All applicable fees will be deducted from the Consignor’s sale proceeds. No-sale fees and any other unpaid fees are due immediately following the sale.
CONSIGNMENT REQUIREMENTS
Soundness: Horses are guaranteed sound unless otherwise disclosed in the horse’s description or announced in the sale ring.
Cosmetic Blemishes: All cosmetic blemishes, even if they do not affect soundness, must be disclosed in the horse’s description and/or announced in the sale ring. This includes, but is not limited to, scars, chewed or damaged tails, cinch sores, mouth/teeth issues, bumps, and other known blemishes.
Veterinary Information:X-rays and veterinary exams are not required but are highly encouraged.
Registration Papers: Original registration papers and a properly signed transfer are required for a horse to be represented and sold as registered. If original papers and a signed transfer are not provided, the horse will sell as grade.
Health Requirements: All horses must arrive with:
• Current Coggins dated within the previous 11 months
• Current health certificate
* Current brand inspection when coming from a brand-inspection state
PHOTOS, VIDEOS & ADVERTISING
Additional Photos: Additional photos must be emailed to info@mmauctionservices.com no later than one week before the sale to be displayed on the website, but the sooner the better. Maximum of 20 additional photos.
YouTube Video – Optional: Videos must be submitted as a YouTube link ONLY and emailed to info@mmauctionservices.com no later than Wednesday before the sale. Videos links submitted with consignments will be included in the catalog. Include the Consignor’s name, horse’s name, and lot number, if known, in the subject line. Videos of 8–10 minutes or longer are recommended.
Not every horse is guaranteed to be advertised individually on Arizona Horse Sales social media. Horses with the best-quality photos and marketing materials will generally be advertised first. The sooner you consign, the more advertising opportunities your horse will receive.
Consignors are encouraged to tag @arizonahorsesales on Facebook, Instagram, and TikTok so we can share appropriate content to our stories. Consignors are also encouraged to post their own content to our public Facebook group, Arizona Horse Sales.
By submitting photographs, videos, or other marketing materials, Consignor represents that they own the materials or have full permission to use them and grants Arizona Horse Sales and MM Auction Services, LLC permission to use them for advertising and promotion.
PREVIEWS & SALE DAY
All previews are optional unless otherwise stated for a particular sale or session.
Consignors are responsible for ensuring their horse is properly presented and available when needed for the sale.
Supplemental horses are accepted until the sale begins at 12 PM; they will not be listed in the catalog.
PRIVATE SALES & EXCLUSIVE RIGHT TO SELL
By consigning a horse to Arizona Horse Sales, Consignor grants MM Auction Services, LLC the exclusive right to sell the consigned horse subject to these Terms & Conditions.
Once a horse has been consigned, private sales are not permitted. All horses consigned to the sale are required to go through the sale ring.
If a horse is “no sold” in the ring and is subsequently sold privately at or in connection with the sale, the Consignor is expected to report the sale to the Arizona Horse Sales office.
Arizona Horse Sales does not allow substitutions or replacements once a horse has been consigned and entered online.
A consigned horse may only be withdrawn due to injury or illness. To waive the applicable no-show fee and retrieve registration papers, the Consignor must provide both a veterinary examination and video evidence of the injury or illness. If both are not provided, the Consignor is responsible for the applicable fees and permanent loss of consignment privileges.
SELLER’S GUARANTEE & REPRESENTATIONS
MM Auction Services, LLC and Arizona Horse Sales rely solely upon the representations made by the Consignor regarding the horse’s condition, soundness, history, description, and other information provided for advertising and sale.
MM Auction Services, LLC does not independently inspect, confirm, or verify the soundness, condition, or representations made concerning any horse.
The Consignor is solely responsible for all representations, warranties, and guarantees made concerning their horse.
The Consignor represents and warrants to the Buyer, MM Auction Services, LLC, Arizona Horse Sales, and Colby & Codi Gines that the horse:
• Has clear title and is free from all undisclosed claims of ownership or encumbrances
• Is sound of limb, eyes, and wind unless otherwise disclosed
• Is not a cribber or wind sucker unless otherwise disclosed
• Is not cryptorchid unless otherwise disclosed
• Is accurately represented in all descriptions, statements, photographs, videos, and announcements
The Consignor agrees to disclose all known conditions, defects, blemishes, and other information that may materially affect a Buyer’s decision to purchase the horse.
Any announcements made from the auction block concerning a horse shall take precedence over previously published information.
SOUNDNESS & BUYER DISPUTES
Any soundness guarantee is made solely by the Consignor to the Buyer and not by MM Auction Services, LLC, Arizona Horse Sales, Colby or Codi Gines.
No soundness guarantee applies to any condition, injury, illness, or event occurring after the fall of the gavel, including during transportation.
Buyers are encouraged to inspect, ride, and visit with the horse prior to the sale and to have any desired veterinary examinations or additional X-rays completed before bidding and at the Buyer’s expense.
Soundness does not guarantee that a horse will pass a pre-purchase or post-purchase examination performed by any particular veterinarian.
If a soundness dispute arises, the Buyer must contact the Consignor, and resolution of the dispute shall be exclusively between Buyer and Consignor.
Buyers are encouraged to purchase equine insurance to protect their investment.
PAYMENT TO CONSIGNORS
Consignors and owners acknowledge that if MM Auction Services, LLC does not receive payment from the Buyer for a horse, MM Auction Services, LLC is not obligated to pay the Consignor for that horse.
Consignor checks will generally be written within five (5) days of the sale date, depending upon the sale location, and will be made payable to the owner listed in our records and mailed.
MM Auction Services, LLC does not guarantee USPS delivery times. Consignors should allow adequate time for mailed checks to arrive.
A Consignor may request that their remaining balance be wired after a check has already been issued. A $100 stop/cancel payment fee plus a $100 wire-transfer fee will apply, for a total of $200 deducted from the Consignor’s balance. The Consignor must void and return the original check to MM Auction Services, LLC for its records.
WARRANTY & ROLE OF SALE COMPANY
There is no implied warranty made by the Auctioneer, Arizona Horse Sales, or MM Auction Services, LLC as to the merchantability or fitness for a particular purpose of any horse offered for sale.
MM Auction Services, LLC and Arizona Horse Sales act as agents only between Buyer and Seller.
The Consignor is the responsible party for all representations, warranties, and guarantees, expressed or implied, concerning the horse.
Except for the specific representations expressly made by the Consignor, all horses are sold AS IS.
All information distributed or advertised concerning a horse is supplied by the Consignor. MM Auction Services, LLC and Arizona Horse Sales are not responsible for Consignor errors, misunderstandings, misprints, or the distribution or advertising of information supplied by the Consignor.
INDEMNIFICATION & LIABILITY
Consignor agrees to indemnify, defend, release, and hold harmless MM Auction Services, LLC, Arizona Horse Sales, Colby & Codi Gines, and their respective agents, employees, associates, officers, directors, and volunteers from claims, liability, damages, losses, costs, or expenses arising from:
• Any breach of warranty or guarantee by Consignor • Any misrepresentation or alleged
misrepresentation concerning the horse
• The condition or soundness of the horse
• Illness, injury, or death involving the horse
• Property damage caused by the horse
• Injury or death to any person caused by Consignor, Consignor’s agents or employees, or the horse
• Consignor’s participation in or attendance at the sale
Buyers, Consignors, their agents, and spectators are cautioned to exercise care while attending the sale and enter the premises at their own risk according to applicable law.
Neither MM Auction Services, LLC, Arizona Horse Sales, Colby & Codi Gines, their principals, directors, officers, agents, employees, volunteers, nor any landowner, municipality, or government agency upon whose property the activity is conducted assumes liability for accidents, injuries, loss, or property damage occurring before, during, or after the sale except to the extent liability cannot legally be waived.
All guarantees and disputes concerning representations made about an individual horse are strictly between Buyer and Consignor.
ATTORNEY FEES
If any attorney is employed by any party in connection with a legal or equitable action, arbitration, or other proceeding arising from an alleged dispute, breach, default, or misrepresentation connected with the sale process or any horse bought or sold, the prevailing party shall be entitled to recover reasonable attorneys’ fees, costs, and expenses from the other party to the extent permitted by law.
GOVERNING LAW & VENUE
These Terms & Conditions and any claim or dispute arising out of or relating to the consignment, sale, purchase, or auction of any horse shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to conflict-of-law principles. The parties agree that exclusive venue and jurisdiction for any such claim or dispute shall lie in the appropriate state or federal courts located in the State of Wyoming.
OWNERSHIP & AUTHORITY TO SELL
By consigning a horse, Consignor represents that they are the legal owner of the horse or are legally authorized by the owner to consign and sell the horse.
Consignor represents that the horse is free and clear of all liens, security interests, claims, and encumbrances unless specifically disclosed to MM Auction Services, LLC prior to the sale and that the horse may legally be sold. Consignor authorizes MM Auction Services, LLC to offer and sell the horse at public auction according to these Terms & Conditions and the customary practices of the sale.
CONSIGNOR ACKNOWLEDGMENT
By consigning a horse to Arizona Horse Sales, I acknowledge that I have read these Consignor Information, Rules & Terms in full, understand them, and agree to be legally bound by them.
I certify that all information I have provided concerning my horse is complete and accurate to the best of my knowledge and that I have disclosed all known conditions, defects, blemishes, and material information concerning the horse.
I further acknowledge that MM Auction Services, LLC and Arizona Horse Sales act as agents only and that I, as Consignor, am responsible for the representations, warranties, and guarantees made concerning my horse.
CONSIGNOR INFORMATION, RULES & TERMS
For purposes of these Terms & Conditions, “Consignor” or “Seller” means the owner or authorized agent consigning a horse to Arizona Horse Sales.
FEES & COMMISSION
• $100–$350 Non-Refundable Catalog Fee – Dependent upon session selected; deducted from final sale proceeds or due immediately if the horse does not meet its reserve.
• 10% Commission
• $250 No Sale Fee – Applies if the horse doesn’t sell because the Consignor’s reserve price is not met. Required to be announced in the sale ring.
• $1,000 No Show Fee & Permanent Loss of Consignment Privileges
• $20 Yardage/Day – feed & water provided
• $100 Yard Ride – if you need your horse ridden in the sale
• $50 Yard Lead – if you need your horse led through the sale
All applicable fees will be deducted from the Consignor’s sale proceeds. No-sale fees and any other unpaid fees are due immediately following the sale.
CONSIGNMENT REQUIREMENTS
Soundness: Horses are guaranteed sound unless otherwise disclosed in the horse’s description or announced in the sale ring.
Cosmetic Blemishes: All cosmetic blemishes, even if they do not affect soundness, must be disclosed in the horse’s description and/or announced in the sale ring. This includes, but is not limited to, scars, chewed or damaged tails, cinch sores, mouth/teeth issues, bumps, and other known blemishes.
Veterinary Information:X-rays and veterinary exams are not required but are highly encouraged.
Registration Papers: Original registration papers and a properly signed transfer are required for a horse to be represented and sold as registered. If original papers and a signed transfer are not provided, the horse will sell as grade.
Health Requirements: All horses must arrive with:
• Current Coggins dated within the previous 11 months
• Current health certificate
* Current brand inspection when coming from a brand-inspection state
PHOTOS, VIDEOS & ADVERTISING
Additional Photos: Additional photos must be emailed to info@mmauctionservices.com no later than one week before the sale to be displayed on the website, but the sooner the better. Maximum of 20 additional photos.
YouTube Video – Optional: Videos must be submitted as a YouTube link ONLY and emailed to info@mmauctionservices.com no later than Wednesday before the sale. Videos links submitted with consignments will be included in the catalog. Include the Consignor’s name, horse’s name, and lot number, if known, in the subject line. Videos of 8–10 minutes or longer are recommended.
Not every horse is guaranteed to be advertised individually on Arizona Horse Sales social media. Horses with the best-quality photos and marketing materials will generally be advertised first. The sooner you consign, the more advertising opportunities your horse will receive.
Consignors are encouraged to tag @arizonahorsesales on Facebook, Instagram, and TikTok so we can share appropriate content to our stories. Consignors are also encouraged to post their own content to our public Facebook group, Arizona Horse Sales.
By submitting photographs, videos, or other marketing materials, Consignor represents that they own the materials or have full permission to use them and grants Arizona Horse Sales and MM Auction Services, LLC permission to use them for advertising and promotion.
PREVIEWS & SALE DAY
All previews are optional unless otherwise stated for a particular sale or session.
Consignors are responsible for ensuring their horse is properly presented and available when needed for the sale.
Supplemental horses are accepted until the sale begins at 12 PM; they will not be listed in the catalog.
PRIVATE SALES & EXCLUSIVE RIGHT TO SELL
By consigning a horse to Arizona Horse Sales, Consignor grants MM Auction Services, LLC the exclusive right to sell the consigned horse subject to these Terms & Conditions.
Once a horse has been consigned, private sales are not permitted. All horses consigned to the sale are required to go through the sale ring.
If a horse is “no sold” in the ring and is subsequently sold privately at or in connection with the sale, the Consignor is expected to report the sale to the Arizona Horse Sales office.
Arizona Horse Sales does not allow substitutions or replacements once a horse has been consigned and entered online.
A consigned horse may only be withdrawn due to injury or illness. To waive the applicable no-show fee and retrieve registration papers, the Consignor must provide both a veterinary examination and video evidence of the injury or illness. If both are not provided, the Consignor is responsible for the applicable fees and permanent loss of consignment privileges.
SELLER’S GUARANTEE & REPRESENTATIONS
MM Auction Services, LLC and Arizona Horse Sales rely solely upon the representations made by the Consignor regarding the horse’s condition, soundness, history, description, and other information provided for advertising and sale.
MM Auction Services, LLC does not independently inspect, confirm, or verify the soundness, condition, or representations made concerning any horse.
The Consignor is solely responsible for all representations, warranties, and guarantees made concerning their horse.
The Consignor represents and warrants to the Buyer, MM Auction Services, LLC, Arizona Horse Sales, and Colby & Codi Gines that the horse:
• Has clear title and is free from all undisclosed claims of ownership or encumbrances
• Is sound of limb, eyes, and wind unless otherwise disclosed
• Is not a cribber or wind sucker unless otherwise disclosed
• Is not cryptorchid unless otherwise disclosed
• Is accurately represented in all descriptions, statements, photographs, videos, and announcements
The Consignor agrees to disclose all known conditions, defects, blemishes, and other information that may materially affect a Buyer’s decision to purchase the horse.
Any announcements made from the auction block concerning a horse shall take precedence over previously published information.
SOUNDNESS & BUYER DISPUTES
Any soundness guarantee is made solely by the Consignor to the Buyer and not by MM Auction Services, LLC, Arizona Horse Sales, Colby or Codi Gines.
No soundness guarantee applies to any condition, injury, illness, or event occurring after the fall of the gavel, including during transportation.
Buyers are encouraged to inspect, ride, and visit with the horse prior to the sale and to have any desired veterinary examinations or additional X-rays completed before bidding and at the Buyer’s expense.
Soundness does not guarantee that a horse will pass a pre-purchase or post-purchase examination performed by any particular veterinarian.
If a soundness dispute arises, the Buyer must contact the Consignor, and resolution of the dispute shall be exclusively between Buyer and Consignor.
Buyers are encouraged to purchase equine insurance to protect their investment.
PAYMENT TO CONSIGNORS
Consignors and owners acknowledge that if MM Auction Services, LLC does not receive payment from the Buyer for a horse, MM Auction Services, LLC is not obligated to pay the Consignor for that horse.
Consignor checks will generally be written within five (5) days of the sale date, depending upon the sale location, and will be made payable to the owner listed in our records and mailed.
MM Auction Services, LLC does not guarantee USPS delivery times. Consignors should allow adequate time for mailed checks to arrive.
A Consignor may request that their remaining balance be wired after a check has already been issued. A $100 stop/cancel payment fee plus a $100 wire-transfer fee will apply, for a total of $200 deducted from the Consignor’s balance. The Consignor must void and return the original check to MM Auction Services, LLC for its records.
WARRANTY & ROLE OF SALE COMPANY
There is no implied warranty made by the Auctioneer, Arizona Horse Sales, or MM Auction Services, LLC as to the merchantability or fitness for a particular purpose of any horse offered for sale.
MM Auction Services, LLC and Arizona Horse Sales act as agents only between Buyer and Seller.
The Consignor is the responsible party for all representations, warranties, and guarantees, expressed or implied, concerning the horse.
Except for the specific representations expressly made by the Consignor, all horses are sold AS IS.
All information distributed or advertised concerning a horse is supplied by the Consignor. MM Auction Services, LLC and Arizona Horse Sales are not responsible for Consignor errors, misunderstandings, misprints, or the distribution or advertising of information supplied by the Consignor.
INDEMNIFICATION & LIABILITY
Consignor agrees to indemnify, defend, release, and hold harmless MM Auction Services, LLC, Arizona Horse Sales, Colby & Codi Gines, and their respective agents, employees, associates, officers, directors, and volunteers from claims, liability, damages, losses, costs, or expenses arising from:
• Any breach of warranty or guarantee by Consignor • Any misrepresentation or alleged
misrepresentation concerning the horse
• The condition or soundness of the horse
• Illness, injury, or death involving the horse
• Property damage caused by the horse
• Injury or death to any person caused by Consignor, Consignor’s agents or employees, or the horse
• Consignor’s participation in or attendance at the sale
Buyers, Consignors, their agents, and spectators are cautioned to exercise care while attending the sale and enter the premises at their own risk according to applicable law.
Neither MM Auction Services, LLC, Arizona Horse Sales, Colby & Codi Gines, their principals, directors, officers, agents, employees, volunteers, nor any landowner, municipality, or government agency upon whose property the activity is conducted assumes liability for accidents, injuries, loss, or property damage occurring before, during, or after the sale except to the extent liability cannot legally be waived.
All guarantees and disputes concerning representations made about an individual horse are strictly between Buyer and Consignor.
ATTORNEY FEES
If any attorney is employed by any party in connection with a legal or equitable action, arbitration, or other proceeding arising from an alleged dispute, breach, default, or misrepresentation connected with the sale process or any horse bought or sold, the prevailing party shall be entitled to recover reasonable attorneys’ fees, costs, and expenses from the other party to the extent permitted by law.
GOVERNING LAW & VENUE
These Terms & Conditions and any claim or dispute arising out of or relating to the consignment, sale, purchase, or auction of any horse shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to conflict-of-law principles. The parties agree that exclusive venue and jurisdiction for any such claim or dispute shall lie in the appropriate state or federal courts located in the State of Wyoming.
OWNERSHIP & AUTHORITY TO SELL
By consigning a horse, Consignor represents that they are the legal owner of the horse or are legally authorized by the owner to consign and sell the horse.
Consignor represents that the horse is free and clear of all liens, security interests, claims, and encumbrances unless specifically disclosed to MM Auction Services, LLC prior to the sale and that the horse may legally be sold. Consignor authorizes MM Auction Services, LLC to offer and sell the horse at public auction according to these Terms & Conditions and the customary practices of the sale.
CONSIGNOR ACKNOWLEDGMENT
By consigning a horse to Arizona Horse Sales, I acknowledge that I have read these Consignor Information, Rules & Terms in full, understand them, and agree to be legally bound by them.
I certify that all information I have provided concerning my horse is complete and accurate to the best of my knowledge and that I have disclosed all known conditions, defects, blemishes, and material information concerning the horse.
I further acknowledge that MM Auction Services, LLC and Arizona Horse Sales act as agents only and that I, as Consignor, am responsible for the representations, warranties, and guarantees made concerning my horse.