General Conditions of Sale
GENERAL PROCEDURES AND IMPORTANT AUCTION NOTICES FOR ALL PARTICIPANTS
CONDITIONS OF SALE
ALL PROSPECTIVE PARTICIPANTS ARE URGED TO TAKE NOTICE OF AND THOROUGHLY READ THIS DOCUMENT AND THE CONDITIONS OF SALE FOR THE AUCTION PUBLISHED WITHIN THE SALE WEBSITE
IMPLIED WARRANTY
THERE ARE NO IMPLIED WARRANTIES MADE BY AUCTIONEER, FROST STOCKDOG SALES, LLC. OR OWNERS AS TO THE MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR OTHERWISE OF ANY DOG. FROST STOCKDOGS MAKES NO WARRANTIES WHATSOEVER. ALL DOGS SELL AS IS WHERE IS WITH ALL EXISTING CONDITIONS AND DEFECTS.
FROST STOCKDOG SALES, LLC. reserves the right, in its sole discretion, to accept or reject the request for a Buyer Number.
DOG EXAMINATION
Dogs are sold “AS IS” and it is the Buyer’s responsibility Personally inspect any dog of interest thoroughly PRIOR TO BIDDING OR BUYING. Veterinary assistance is encouraged and is the responsibility of any bidders. If applicable, FROST STOCKDOG SALES, LLC. will provide a veterinary statement, but does not guarantee any findings in that statement.
GENETIC TESTING RESULTS
GENETIC TESTING RESULTS ARE NOT GUARANTEED BY FROST STOCKDOG SALES, LLC. OR ANY CONSIGNOR.
POST-SALE CARE
Dogs become the Buyer’s responsibility at the fall of the hammer. Buyers are advised to contact Seller and confirm that proper care is provided after the sale.
ACCOUNT SETTLEMENT
All accounts must be paid within 3 business days following the sale. Make all payments directly to FROST STOCKDOG SALES, LLC. and not to Seller under any circumstance. Payment instructions will be provided in the purchase confirmation sent to the Buyer’s email address that was provided by the Buyer at bidding registration. Payout to Sellers will be processed within 21 days due to any unforeseen bank holding/processing periods.
ASSOCIATED AUCTION FEES
COMMISSIONS
50% of the auction commission fee is paid by Seller. 50% is paid by Buyer and will be deducted from their payment.
Commissions are as follows:
All sales will be charged a 6% commission fee
LISTING FEES
Listing Fee: $200
Listing Fee with Reserve: $400
BID INCREMENTS
$0 – $5,000: $250
$5,001 – $20,000: $500
$20,000+: $1,000
ADMIN FEE(S)
There will be a minimum of a 4% admin surcharge for any credit card transaction.
SERVICE FEES (optional)
FROST STOCKDOG SALES, LLC. will post all photos, videos, and documents provided by the seller. Please contact us for more information.
TRANSFERS
TRANSFER FEES ARE THE RESPONSIBILITY OF OWNER/SELLER. REGISTRATION CERTIFICATES AND COMPLETED TRANSFERS WILL BE MAILED DIRECTLY TO APPROPRIATE REGISTRY. BUYER SHALL RECEIVE ORIGINAL REGISTRATION CERTIFICATE DIRECTLY FROM THE APPLICABLE REGISTRY AFTER THE TRANSFER PROCESS IS COMPLETE. NO REGISTRATION CERTIFICATES WILL BE RELEASED ON SALE DAY. THERE ARE NO EXCEPTIONS TO THIS RULE.
CATALOG INFORMATION AND ANNOUNCEMENTS
EVERY REASONABLE EFFORT HAS BEEN MADE TO ENSURE CORRECTNESS OF THE INFORMATION PRINTED IN THE SALE CATALOG. AUCTIONEER DISCLAIMS RESPONSIBILITY FOR THE CONSEQUENCES, IF ANY, OF ANY CATALOG ERRORS. HOWEVER, NOTIFICATION OF ERRORS WOULD BE APPRECIATED.
USE CAUTION WHILE ON THE PREMISES
All persons attending the auction or previewing dogs at any consignors facility do so at their own risk and are urged to use extreme caution.
WARNING
UNDER UTAH LAW (CHAPTER 78B-4-202), A FARM ANIMAL PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN FARM ANIMAL ACTIVITIES RESULTING FROM THE INHERENT RISKS OF FARM ANIMAL ACTIVITES.
By Attendance:
All agree to save, HOLD HARMLESS and INDEMNIFY Auctioneer, FROST STOCKDOG SALES, LLC. and its respective agents, employees, partners, directors, officers and/or any person or entity acting on their behalf, from and against any and all liability, debt, claims, suits, losses, damages, causes of action, judgments, costs and expenses, including attorney fees, arising or allegedly arising from (i) personal injury or death of any person (including but not limited to employees of Owner or Buyer) or any dog, including but not limited to any claims arising out of injuries or damages caused by the dog after the fall of the hammer, and (ii) property damage, including loss of use thereof, economic loss or otherwise, arising or growing directly or indirectly out of Owner’s or Buyer’s use of any of the facilities in connection with the sale, the conducting of the sale or anything occurring in connection with the sale.
The foregoing indemnity obligations shall apply whether or not the claim or liability in question results or is alleged to result in whole or in part from the sole, concurrent or comparative negligence or strict liability of auctioneer, its agents, employees, partners, directors, officers and/or any person or entity acting on its behalf, or any defect in the premises, equipment or tools owned, operated or controlled by auctioneer. Thus, it is understood and agreed that in no case shall auctioneer, its employees, agents, directors, partners or officers be responsible for any loss, death, damage or injury of any character to any person, animal or article arising from or occurring during the sale.
FROST STOCKDOG SALES, LLC. Conditions Of Sale
FROM: FROST STOCKDOG SALES, LLC. JOE FROST (the Auctioneer) TO: All Sale Participants – Take Notice
NO. 1 GOVERNING LAW
Neither the Auctioneer, any representative thereof, nor FROST STOCKDOG SALES, LLC. any representative thereof, are responsible for any liability whatsoever, including, but not limited to, the loss, damage, injury, death or illness of any dog, person, or property before, during or after the sale.
All dogs consigned to the sale are offered in accordance with the laws of the State of Utah and all transactions between Buyer, Seller and the Auctioneer are governed by the laws of the State of Utah. Each dog offered in the sale is sold “As Is And With All Defects”. In the event of any legal dispute between the Buyer and the Seller, Auctioneer will occupy the position of agent for a disclosed principal and stakeholder and will be discharged from all obligations owing to the Seller or Buyer upon delivery of any property or funds held by Auctioneer to the court having jurisdiction of such dispute.
NO. 2 BIDDING PROCEDURE
The highest bidder shall become the Buyer. Auctioneer reserves the right to reject any and all bids.
NO. 3 BIDDING DISPUTES
If a dispute should arise between or among two or more bidders, the Auctioneer shall settle the dispute, and his decision shall be absolute, final, and binding on all parties. In such a case, the Auctioneer has the right to reopen the bidding procedure and ask for advanced bids, solely between the bidders having claimed the last bid. If there is no advance bid, the dog shall be sold to the bidder from whom the Auctioneer recognized the final bid. If for any reason the bid should be reduced below the recognized bid at the beginning of such a dispute, the Auctioneer may reopen the bidding to all bidders with the highest bidder becoming the Buyer regardless of whether or not the final bid exceeds the bid which was originally disputed. AUCTIONEER/ FROST STOCKDOG SALES, LLC. RESERVES THE RIGHT TO BID ON ANY DOG OR ITEM TO PROTECT THE SELLERS RESERVE. CONSIGNOR/SELLER MAY ALSO BID ON THEIR OWN DOG TO PROTECT THEIR RESERVE.
NO. 4 TITLE AND DELIVERY
Title passes to the Buyer automatically at the “fall of the gavel” which is the point in time where bidding has closed online on the particular lot. At such time, Buyer assumes all risk of loss and the responsibility, maintenance, care and expenses for the dog sold passes immediately from the Seller to the Buyer. This shall especially be the condition in the case of illness, injury, or death of any dog after it has been sold. Upon the passage of title, the Buyer agrees to indemnify and hold the Auctioneer, consignor, any representative thereof, FROST STOCKDOG SALES, LLC. any representative thereof, harmless from all loss, cost and expense including but not limited to: (a) the illness, injury or death of purchased dog, or (b) loss or damage to property, and (c) injury or death of persons caused by the Buyer, his agents, employees or the purchased dog. Title and all risks are assumed by the Buyer whether or not delivery has been made. Delivery of a purchased dog shall be contingent upon the Buyer making a full settlement to the sale cashier as described in Condition No. 5.
NO. 5 SETTLEMENT
Settlement for any purchase must be made in full and paid directly to the sale cashier within the specified time announced prior to the commencement of the auction. Payment to any other source is prohibited and is not recognized as settlement. Settlement for any purchase must be made for the full purchase price with U.S. Currency or with funds from a U.S. Bank in the form of a bank check, credit card, cash, certified check or travelers check, all of which must have been approved by Auctioneer. The Buyer’s Acknowledgement of Purchase and Security Agreement is not transferable without the approval of Auctioneer. The copy of the Buyer’s Acknowledgement of Purchase and Security Agreement retained by Buyer must be presented by Buyer at the time of settlement. Any person signing a check in the State of Utah is liable for the full amount of the check. Any party issuing a check returned as “insufficient funds” or “payment stopped” or “account closed” or issuing a check that shall for any reason not clear drawee’s bank, is subject to being prosecuted to the full extent of the law and is further subject to all legal and equitable remedies, including interest, court costs and attorney fees. Appropriate legal services will be obtained in whatever jurisdiction necessary to secure performance of any payment given as settlement and all costs, including attorney’s fees, incurred by Auctioneer shall be the responsibility of the party issuing such payment.
NO. 6 DEFAULTERS
After successfully winning a bid, all Buyers shall be responsible for the full purchase price, as stated, for the dog. Buyers who fail in any respect whatsoever to make settlement as described in Condition No. 5, shall be declared in default. The Seller or Auctioneer may bring suit against the defaulter who shall be responsible for all costs, including attorney’s fees, incurred by Auctioneer in collection of amounts owing, or in enforcement or interpretation of the sale condition.
NO. 7 WARRANTIES
There is no warranty, express or implied by the Auctioneer, consignor, any representative thereof, or FROST STOCKDOG SALES, LLC. any representative thereof, as to the soundness, physical condition, health, disposition, merchantability, or fitness for any particular purpose of any dog offered in this sale. All dogs are sold “as is” with all existing conditions and defects. Any and all guarantees announced on the Seller’s behalf in the description on the website are made solely between the Seller and the Buyer.
NO. 8. FERTILITY
No Guarantees are made by the Auctioneer, any representative thereof, or FROST STOCKDOG SALES, LLC. consignor, any representative thereof, regarding pregnancy status, eventual whelping, or fertility of any dog offered for sale. Any contractual agreements related to dog breeding rights are strictly between the Buyer and the Seller.
NO. 9 CATALOG AND ANNOUNCEMENTS
The accuracy of all information in the catalog is the sole responsibility of the Seller. While certain information may have been procured by the Auctioneer from third parties on behalf of the Seller, it is nonetheless solely the responsibility of the Seller to verify the accuracy of such information. The Auctioneer or any representative thereof, does not assume any responsibility or liability for errors or omissions, or for any verbal or written statement regarding the dog sold.
NO. 10 REGISTRATION CERTIFICATES
A. All original registration certificates, transfer reports, and/or applicable breeders certificate guarantees, and/or registration applications, will be held by the Auctioneer until the Buyer's payment clears the drawee’s bank and becomes unconditional credit. Upon payment clearance, all applicable paperwork will be forwarded directly to the proper breed association from the Auctioneer. The Seller shall be responsible for payment of all applicable transfer fees.
B. Pending registration applications being processed by the appropriate registration agency at the time of sale will be returned from the agency to the Seller who shall in turn deliver to the Auctioneer. The Auctioneer will then forward the registration certificate and transfer report to the proper breed association.
NO. 11 AUCTIONEER DISCLAIMER
The Auctioneer or any representative thereof, does not act as agent for or represent the Buyer or Seller, but only provides a medium for bringing together the Buyer and Seller for the purpose of a sales transaction. There is no implied or express warranty made by the Auctioneer or any representative thereof as to the marketability or suitability of any dog for a particular purpose.
NO. 12 DISCLOSURE
The Auctioneer or any representative thereof reserves the right to disclose any data related to the auction or dog at their discretion.
NO. 13 DISPUTES
If a dispute should arise between Seller and Auctioneer or Buyer and Auctioneer, all claims, disputes, controversies, differences or other matters in question arising out of the Auctioneer’s relationship to any party in the matters stated in these Conditions of Sale (the claims) and all other matters in which Auctioneer has provided any type of services at any time, whether or not those matters are encompassed within this document (including, but not limited to compensation for fees, expenses and/or commissions) shall be settled finally, completely and conclusively by binding arbitration in Vernal, Uintah County, Utah, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “Rules”), by one or more arbitrators chosen in accordance with the Rules. Arbitration shall be initiated by written demand of the party seeking arbitration.
A decision of the arbitrator or arbitrators shall be final, conclusive and binding on the parties and judgment may be entered thereon in the District Court of Vernal, Utah, to enforce such decision and the benefits thereof. Any arbitration held in accordance with this paragraph shall be private and confidential and no person shall be entitled to attend the hearings except the arbitrator(s), the stenographer, (if one is requested), the parties and the attorneys for the parties and/ or representatives designated by the parties. The matters submitted for arbitration, the hearings and proceedings there under and the arbitration award shall be kept and maintained in strictest confidence by the parties and shall not be discussed, disclosed or communicated to any person. On request of any party, the record of the proceeding shall be sealed and may not be disclosed except insofar, and only insofar, as may be necessary to enforce the award of the arbitrators and any judgment enforcing such award. The prevailing party shall be entitled to recover reasonable and necessary attorneys’ fees and the costs of arbitration from the non-prevailing party.
All Sellers, Buyers, bidders and attendees voluntarily and intentionally waive any right that they may have to a trial by jury in respect to any litigation arising from or connected with this auction.