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By requesting to become a bidder or list a horse for consignment for any given auction, you are bound by the Terms and Conditions of TopLine Equine, LLC auctions. By requesting to become a seller or bidder you are assumed to have read and accepted the terms for that auction.
TERMS & CONDITIONS – INTERNET AUCTION CONTRACT – TERMS LISTED BELOW APPLY TO BOTH SELLER AND BUYER — TopLine Equine, LLC.
TopLine Equine, LLC is hosting the auctions and the function of the Internet Auction website. Any questions about selling or bidding should be directed to TopLine Equine, LLC Fallon Thomas (781) 491-2111 info@TopLineEquine.net
Please read these Terms and Conditions carefully, as they will govern your use of TopLine Equine, LLC website and auction services. Those who consign and bid are bound by these Terms and Conditions as amended by any posted notices, which together form the contract of sale between the successful bidder (Buyer) and consignor (Seller). When consigning or bidding on any horse offered by TopLine Equine, LLC, the Buyer and Seller agree to the following Terms and Conditions. Any participation in the auction binds you to agreement of these Terms and Conditions, whether you read or understand said Terms and Conditions, or not. If you do not wish to be bound by these Terms and Conditions, you may not use TopLine Equine, LLC’s website or auction services.
PURPOSE OF THESE TERMS AND CONDITIONS- a) establish sale procedures; b) facilitate informed bidding; c) provide for orderly settlement of finances in completion of purchases; d) allocate rights, responsibilities and risks and e) provide for orderly dispute resolution.
LIMITATION OF LIABILITY- TopLine Equine, LLC is an independent contractor regularly engaged in the business of conducting online timed consignment sales of horses. These sales provide a public means via timed auctions, to bring together a seller and a buyer for the purpose of completing the sale of a specified horse. Neither TopLine Equine, LLC nor the TopLine Equine, LLC Parties are responsible for any liability whatsoever, including, but not limited to, the loss, damage, injury, death or illness of any horse, person, or property before, during or after the sale. All horses consigned to the sale are offered in accordance with the laws of the State of Massachusetts and all transactions between Buyer, Owner/Seller and TopLine Equine are governed by the laws of the State of Massachusetts. Each horse offered in the sale is sold “AS IS, WHERE IS, WITH ALL FAULTS AND DEFECTS, WITHOUT EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY”. In the event of any legal dispute between the Buyer and the Owner/Seller, TopLine Equine will occupy the position of agent for a disclosed principal and stakeholder and will be discharged from all obligations owing to the Owner/Seller or Buyer upon delivery of any property or funds held by TopLine Equine to the court having jurisdiction of such dispute.
AGREEMENT- a) I represent and agree that I am of legal age to form a binding contract. b) I (hereinafter, referred to as Buyer) agree to these Terms and Conditions, and swear that all information I 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 approval of TopLine Equine, LLC e) Buyer agrees that if they have the winning, final bid, or accepted bid in auction subject to Seller Confirmation, the Buyer has entered into a binding agreement to purchase the horse.
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 a pre-purchase examination at buyers expense or d) hire an agent or equine professional to inspect and evaluate the horse. Every potential buyer must register prior to bidding. TOPLINE EQUINE, LLC reserves the right to accept or reject any request for buyer or owner participation on TopLine Equine’s online timed auction. Non-US Bidders – Foreign buyers are welcome to participate, please note US funds and a form of positive identification are necessary. ALL PAYMENTS MUST BE MADE DIRECTLY TO TOPLINE EQUINE, LLC WITHIN THREE BUSINESS DAYS AT THE END OF THE AUCTION. Any payment made to the seller will be voided and the horse will not be considered sold or released to the buyer. Once the auction has ended the winning bidder will receive an invoice via email with the final purchase price on it. As a bidder if you win an auction you are required to make arrangements with the seller within three business days at the end of the auction. At the end of the auction, either the seller will contact you or you may contact the seller to make all necessary transport arrangements for the horse. Topline Equine is not responsible for making these arrangements. Buyer agrees to the 4% buyers premium that will be added onto the final bid price at the end of the auction.
SELLERS RESPONSIBILITY- Seller is responsible for the correct representation of consigned horse(s), including the description, disclosure of vices, horse’s information, riding and training description, 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 the horse to their satisfaction. Seller is responsible for disclosing the following conditions, which must be stated in the description of the consigned horse, if consigned horse 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, has an altered tail, has received joint injections for lameness or maintenance or has a chronic lameness, regardless of cause, or a lameness due to navicular disorder, ringbone or osteoarthritis, founder prior to the sale or other bone abnormality or neurological disorder including, but not limited to, EPM or wobbles. Seller is solely responsible for the accuracy of all information that appears in the online description of the consigned horse. Buyer and Seller agree to hold TopLine Equine, LLC harmless from any claims arising out of any such inaccuracies or omissions. Seller has a continuing duty to respond to the Buyer after the sale, in the event of a dispute over Seller’s representation of consigned horse. At the end of the auction the seller will receive an invoice via email with the final purchase price and commission fee due to TopLine Equine, LLC. Seller agrees to pay the 8% commission fee of the total sale price of consigned horse to TopLine Equine, LLC. TopLine Equine, LLC will collect full payment from the winning bidder (Buyer), deduct commission fees and then release payment for the horse to the seller. Consignor (Seller) agrees that TopLine Equine, LLC has the right to charge a one time listing fee of $150 for their consignment horse. This fee helps cover advertising costs whether consignors (sellers) horse sells or not. This one time listing fee of $150 is due via Credit Card when the consignor (seller) registers the consignment horse with TopLine Equine, LLC. Please make sure your Contact Information matches your Drivers License Information.
WARRANTIES & EXPRESSED LIMITED WARRANTIES- Buyers are encouraged to pre-inspect and carefully examine any horse prior to bidding or purchasing. – Potential buyers, at their expense, have the option to have a veterinary examination performed on any horse prior to the close of bidding. Owner’s permission must be obtained prior to any such examination. Buyer’s must have a pre-purchase exam done BEFORE bidding or purchasing a consigned horse, NOT AFTER. There is no warranty, express or implied, by Topline Equine, LLC or any representative as to the soundness, condition, merchantability or fitness for any particular purpose of any horse offered for sale. It is the position of Topline Equine, LLC that all horses are sold “AS IS” with all existing conditions and defects. Any guarantees announced verbally on behalf of the owner are strictly between owner and buyer. In addition to speaking with the sellers the prospective buyers have the option to go and test ride any horse before they bid. BEFORE the auction ends is the time to go test the horses out, NOT after you win an auction.
OWNERS RIGHT TO BID – Our auctions are conducted “with reserve”, meaning the right to bid is reserved by the owner to protect the desired sale price for the horse. Topline Equine, LLC reserves the right to bid on the behalf of the owner up to the amount of the reserve bid. If the owner or its representative makes a final bid equal to or greater than the reserve, the owner will pay the 12% sale commission due or have the option to offer the consigned horse to the last highest priced bidder. Topline Equine, LLC is not responsible in any way or liable if consigned horse(s) is sold or not sold, results may vary per horse/auction. Topline Equine, LLC is not responsible or liable in anyway if a non-payee (winning bidder) or a fraudulent, problem bidder bids and or wins a bid, Topline Equine LLC is not obligated in any way to reimburse owner for any cost or fees for non-sold horses or fraudulent/problem bidders. Topline Equine, LLC makes no guarantees of results or responsible for results.
BROODMARES: For mares selling as bred, a veterinarian must check the mare for pregnancy within ten (10) days prior to listing for this sale and a statement of this examination must be provided to TopLine Equine, LLC. If a mare is known to be carrying twins, it must be disclosed. Any purchaser of a broodmare sold in our auctions may have the mare examined by an acceptable veterinarian within five (5) business days from the end of the auction and before the horse leaves the seller’s premises. Any broodmare so examined whose pregnancy status is found not to be as represented in the online description, may be returned to the Seller as unsold, and the seller shall pay veterinarian’s fee for examination. Any Seller offering mares as being bred with a live foal guarantee or return privileges must furnish TopLine Equine, LLC, or Buyer, with written acknowledgement of this agreement signed by the stallion owner (or an authorized agent) that such privileges will be honored. If the stallion owner withholds the breeder’s certificate until the foal is born, the Seller must furnish a letter, signed by the stallion owner (or an authorized agent), that such certificate is free of any additional costs and indicate how the mare owner will obtain the certificate.
DRUGS AND MEDICATION – Seller agrees that consigned horse(s) will not be given any drugs to alter soundness or temperament during the auction, including for presentation in videos, inspection by potential buyer, examination by veterinarian or delivery to buyer. If the consigned horse must receive any medication as a result of an injury or illness, to protect the welfare of the consigned horse or maintenance of any condition, this information must be provided to TopLine Equine, LLC and be disclosed in the online description of the consigned horse. Buyer has the right to have a licensed veterinarian draw a blood sample within five (5) business days of the end of the auction and before the horse leaves the Seller’s facility. If the buyer makes a claim of misrepresentation of soundness or attitude and the consigned horse tests positive for a drug that could mask such a problem, the entry can be rejected by the buyer and returned at the Seller’s expense. Notification of a claim by the Buyer under this Condition must be made to TopLine Equine, LLC within five (5) days of the date of the sale, by a written statement from a qualified equine veterinarian explaining the diagnosis of any unsoundness or explaining the behavior problem. Any net funds for the horse in the possession of TopLine Equine, LLC will be held pending the results of the blood screen.
BIDDING PROCESS, DISPUTES, MALFUNCTIONS – Topline Equine, LLC reserves the right to reject all bids. Should any dispute arise between two or more bidders, Topline Equine, LLC shall settle said dispute and that decision shall be absolute, final, and binding on all parties. In the event of known equipment malfunction, the auction will be stopped. If the malfunction has not affected the sale of horses sold prior to the malfunction, they will be considered sold. The auction will proceed upon correction of the malfunction. When bidding on a horse, as a bidder you have the option to compete in the auction and place one bid at a time or just put in a maximum bid and allow the proxy bid software to bid the lowest amount possible on your behalf each time you are outbid. Each auction will have a scheduled end time/date but be aware that during the last 3 minutes of the auction that 2 minutes will be added to the clock every time that a bid is placed so that there is no chance of a last-second “sniper” bid which is so common on other bidding sites as time expires.
BIDDING INCREMENTS- The bidding increments during an auction will depend on the consigned horses bid price. The higher the bid price, the higher the bid increments.
PAYMENT OPTIONS- Methods of payment accepted from all buyers are: 1. US Bank wire transfer (RECOMMENDED) 2. US Cashier’s Check 3. US Cash 4. US Money Order 5. Mastercard, Visa, Discover & American Express 6. US Bank Drawn Pre-Approved Check-All approved checks must be cleared before horses are transported. A 3% office processing/buyers transaction fee will be added to the final bid for any horse purchased via credit card to determine the total purchase price. Sellers will be issued payment for their consigned horse from TopLine Equine, LLC by whichever method of payment they choose, credit cards not included.
TITLE, RISKS AND RESPONSIBILITY OF HORSE – Title transfers immediately to the buyer at the final and winning bid. Title transfer includes all risk of loss including but not limited to illness, injury, or death of the horse. Additionally, at title transfer, the buyer assumes all responsibility for the care and maintenance of the horse, for any loss or damage to property and for injury or death of persons caused by the horse, buyer, or buyer’s employees. Additionally, the buyer agrees to hold harmless Topline Equine, LLC for such loss or damage. TITLE AND RISKS ARE ASSUMED BY THE BUYER WHETHER OR NOT SETTLEMENT AND DELIVERY HAVE BEEN MADE. THIS SHALL ESPECIALLY BE THE CASE WITH PURCHASES MADE BY PHONE. TopLine Equine, LLC recommends the buyer obtain Full Mortality Insurance on horses immediately after purchase, however, this decision and risk rest solely with the buyer and is just a recommendation.
PERSONAL CHECK LIABILITY – Any person issuing and signing a pre-approved personalized check or authorizing a credit card purchase in the State of Massachusetts will be held liable for the transaction amount. Writers of any returned check or disputed credit card purchases will be turned over to the local district attorney and will be fully prosecuted. In addition to a $100.00 NSF charge, there will be a $500.00 fee for all returned checks that are not repaid by banking wire transfer within one day of the return date of the check.
DEFAULT – Buyers who fail in any respect whatsoever to pay for any horse under these terms shall be declared in default. Any horse purchased by a defaulter may be resold by the seller at public or private sale without notice for the buyer’s account. Costs of such resale will be those of the defaulter. Should such resale fail to satisfy the defaulter’s account in full, the defaulter will immediately pay to TopLine Equine, LLC the amount owing or be subject to legal suit. The defaulter will be responsible for all costs, including attorney’s fees incurred by seller or Topline Equine, LLC in collection of amounts owing for horse(s) purchased, or in enforcement or interpretation of this term of sale
LIEN/SECURITY INTEREST – To secure the payment of the purchase price and expenses for any horse purchased, together with all other indebtedness owed or hereafter owing by the buyer to seller the buyer hereby grants a purchase money security interest and lien in and to each horse and all accounts, contract rights, registration papers, breeder’s certificates, records, general intangibles, proceeds, and products relating thereto.
SALES TAX – Buyers residing in Massachusetts will be required to pay Massachusetts Sale Tax of 6.25%, unless exempt and appropriate forms have been completed.
NO GUARANTEE OF SERVICE- TopLine Equine, LLC does not collect any type of taxes on horses bought or sold on our website. The consignor and buyer are responsible to report and pay any Federal Income Tax, State Income Tax, Sales and Use Tax. TopLine Equine, LLC encourages the Consignor and Buyer to understand the Tax Implications with your state specifically as TopLine Equine, LLC is just the Facilitator.
INDEMNITY- Buyer and Seller release TopLine Equine, LLC, Sale Managers, Auctioneers, employees and its representatives, from any and all responsibilities, liabilities, obligations, claims, lawsuits, or legal proceedings arising from the sale of consigned horse. If legal action is initiated against TopLine Equine, LLC involving a consigned horse, the Seller and Buyer agree to fully indemnify TopLine Equine, LLC from such suit, including legal fees and costs incurred by TopLine Equine, LLC. Seller and Buyer agree that TopLine Equine, LLC may publish sale results including information concerning this sale transaction.
COGGINS REPORT- Seller must provide a copy of a Negative Coggins report drawn within 11 (eleven) months of the closing date of the sale.
HEALTH CERTIFICATES- Buyer will be responsible for obtaining the Interstate Health Certificate for transportation.
TRANSFERS/REGISTRATION CERTIFICATES – No Registration papers, titles or certificates for purchased horses will be released to the buyer until full payment is received and cleared. There is absolutely NO EXCEPTIONS to this rule. ALL paperwork will be held by the seller until buyers payment is received and deemed cleared.
POST SALE REMOVAL – All sold horses must be removed from the seller’s property in a timely fashion as agreed between buyer and seller. Sold Horses on the seller’s property remain at the risk, responsibility, and expense of the buyer. Any delays in TRANSPORT must be pre-approved by the seller OR You may pick up your purchase in person. Each seller will be able to work with the buyers to arrange transportation at buyers expense with a transport company if needed, to any state or Canada. International transport is also an option at buyers’ expense.
We reserve the right to make changes to this Policy at any given time. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page. If at any point in time Topline Equine, LLC decides to make use of any personally identifiable information on file, in a manner vastly different from that which was stated when this information was initially collected, the user or users shall be promptly notified by email. Users at that time shall have the option as to whether to permit the use of their information in this separate manner.
This Policy applies to Topline Equine, LLC, and it governs any and all data collection and usage by us. Through the use of www.ToplineEquine.com, you are therefore consenting to the data collection procedures expressed in this Policy.
Specifically, this Policy will inform you of the following
1. What personally identifiable information is collected from you through our website;
2. Why we collect personally identifiable information and the legal basis for such collection;
3. How we use the collected information and with whom it may be shared;
4. What choices are available to you regarding the use of your data; and
5. The security procedures in place to protect the misuse of your information.
Information We Collect
It is always up to you whether to disclose personally identifiable information to us, although if you elect not to do so, we reserve the right not to register you as a user or provide you with any products or services.
In addition, Topline Equine, LLC may have the occasion to collect non-personal anonymous demographic information, such as age, gender, household income, political affiliation, race and religion, as well as the type of browser you are using, IP address, or type of operating system, which will assist us in providing and maintaining superior quality service.
Why We Collect Information and For How Long
We are collecting your data for several reasons:
· To better understand your needs and provide you with the services you have requested;
· To fulfill our legitimate interest in improving our services and products;
· To send you promotional emails containing information we think you may like when we have your consent to do so;
· To contact you to fill out surveys or participate in other types of market research, when we have your consent to do so;
· To customize our website according to your online behavior and personal preferences.
The data we collect from you will be stored for no longer than necessary. The length of time we retain said information will be determined based upon the following criteria: the length of time your personal information remains relevant; the length of time it is reasonable to keep records to demonstrate that we have fulfilled our duties and obligations; any limitation periods within which claims might be made; any retention periods prescribed by law or recommended by regulators, professional bodies or associations; the type of contract we have with you, the existence of your consent, and our legitimate interest in keeping such information as stated in this Policy.
Use of Information Collected
Topline Equine, LLC does not now, nor will it in the future, sell, rent or lease any of its customer lists and/or names to any third parties.
Topline Equine, LLC may collect and may make use of personal information to assist in the operation of our website and to ensure delivery of the services you need and request. At times, we may find it necessary to use personally identifiable information as a means to keep you informed of other possible products and/or services that may be available to you from www.ToplineEquine.com
Topline Equine, LLC may also be in contact with you with regards to completing surveys and/or research questionnaires related to your opinion of current or potential future services that may be offered.
Topline Equine, LLC uses various third-party social media features including but not limited to Facebook, Instagram and other interactive programs. These may collect your IP address and require cookies to work properly. These services are governed by the privacy policies of the providers and are not within Topline Equine, LLC’s control.
Disclosure of Information
Topline Equine, LLC may not use or disclose the information provided by you except under the following circumstances:
· as necessary to provide services or products you have ordered;
· in other ways described in this Policy or to which you have otherwise consented;
· in the aggregate with other information in such a way so that your identity cannot reasonably be determined;
· as required by law, or in response to a subpoena or search warrant;
· to outside auditors who have agreed to keep the information confidential;
· as necessary to enforce the Terms of Service;
· as necessary to maintain, safeguard and preserve all the rights and property of Topline Equine, LLC.
Topline Equine, LLC greatly respects your privacy. We do maintain and reserve the right to contact you if needed for non-marketing purposes (such as bug alerts, security breaches, account issues, and/or changes in Topline Equine, LLC products and services). In certain circumstances, we may use our website, newspapers, or other public means to post a notice.
Children under the age of 13
Topline Equine, LLC’s website is not directed to, and does not knowingly collect personal identifiable information from, children under the age of thirteen (13). If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system’s database, or in the alternative, that verifiable parental consent is obtained for the use and storage of such information. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use this website.
Unsubscribe or Opt-Out
All users and visitors to our website have the option to discontinue receiving communications from us by way of email or newsletters. To discontinue or unsubscribe from our website please send an email that you wish to unsubscribe to email@example.com. If you wish to unsubscribe or opt-out from any third-party websites, you must go to that specific website to unsubscribe or opt-out. Topline Equine, LLC will continue to adhere to this Policy with respect to any personal information previously collected.
Links to Other Websites
Notice to European Union Users
Topline Equine, LLC’s operations are located primarily in the United States. If you provide information to us, the information will be transferred out of the European Union (EU) and sent to the United States. (The adequacy decision on the EU-US Privacy became operational on August 1, 2016. This framework protects the fundamental rights of anyone in the EU whose personal data is transferred to the United States for commercial purposes. It allows the free transfer of data to companies that are certified in the US under the Privacy Shield.) By providing personal information to us, you are consenting to its storage and use as described in this Policy.
Your Rights as a Data Subject
Under the regulations of the General Data Protection Regulation (“GDPR”) of the EU you have certain rights as a Data Subject. These rights are as follows:
· The right to be informed: this means we must inform you of how we intend to use your personal data and we do this through the terms of this Policy.
The right of access: this means you have the right to request access to the data we hold about you and we must respond to those requests within one month. You can do this by sending an email to firstname.lastname@example.org.
The right to rectification: this means that if you believe some of the date, we hold is incorrect, you have the right to have it corrected. You can do this by logging into your account with us, or by sending us an email with your request.
The right to erasure: this means you can request that the information we hold be deleted, and we will comply unless we have a compelling reason not to, in which case you will be informed of same. You can do this by sending an email to email@example.com.
The right to restrict processing: this means you can change your communication preferences or opt-out of certain communications. You can do this by sending an email to firstname.lastname@example.org.
The right of data portability: this means you can obtain and use the data we hold for your own purposes without explanation. If you wish to request a copy of your information, contact us at email@example.com.
The right to object: this means you can file a formal objection with us regarding our use of your information with regard to third parties, or its processing where our legal basis is our legitimate interest in it. To do this, please send an email to firstname.lastname@example.org.
In addition to the rights above, please rest assured that we will always aim to encrypt and anonymize your personal information whenever possible. We also have protocols in place in the unlikely event that we suffer a data breach, and we will contact you if your personal information is ever at risk. For more details regarding our security protections see the section below or visit our website at www.ToplineEquine.com.
Topline Equine, LLC takes precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (e.g. credit card information), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for “https” at the beginning of the address of the webpage.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers and servers in which we store personally identifiable information are kept in a secure environment. This is all done to prevent any loss, misuse, unauthorized access, disclosure or modification of the user’s personal information under our control.
The company also uses Secure Socket Layer (SSL) for authentication and private communications to build users’ trust and confidence in the internet and website use by providing simple and secure access and communication of credit card and personal information.
Acceptance of Terms
How to Contact Us
The data controller responsible for your personal information for the purposes of GDPR compliance is:
Ms. Fallon Thomas
Topline Equine LLC
44 Bearfoot RD STE. 200A
Northborough, MA 01532.