About Consignment
When used herein the “Consignor” shall include any person entering an animal or animals in any sale conducted herein, including the owner or his agent signing this agreement; and Ace Canine Auction LLC shall be referred to as the “ACA”.
By entering an animal or animals in any sale conducted by ACA, the consignor or his agent signing this agreement, the consignor does thereby agree to the following terms and conditions.
In order to consign a dog, we require that you complete the consignment form below and also have your vet complete an assessment on your dog, you can obtain the vet assessment form here for your vet to complete.
CONSIGNMENT FEE
Seller shall pay ACA a nonrefundable consignment fee for each dog or dog related item placed in online auction. Consignment fees are non-refundable and payable at the time of consignment registration and acceptance.
Dogs
Without Reserve price: $50
With Reserve price: $100
If the Consignor withdraws the dog for any reason other than death prior to the sale, a $500 withdrawal fee will be charged. Death of the dog must be proven by a veterinary statement.
Dog Related Items
Without reserve and with reserve price up to $3 500: $100
Reserve $3 500 to $5 000: $150
Reserve $5 000 to $10 000: $200
Reserve $10 000 and up: $250
If the consignor withdraws dog related items prior to the sale, a $350 withdrawal fee will be charged.
Selling Terms & Conditions
COMMISSION AND FEES
Any commissions or fees may be paid according to the agreed payment method according to the sole discretion of ACA. they shall include but not be limited to the following: Credit Card (subject to a 3% surcharge), electronic check, wire transfer, Venmo, or PayPal (if not sent via Friends and Family, additional fees shall apply). In addition to reimbursable costs and expenses, ACA is entitled to ACA’s Commission for all dogs sold at the Auction. Should Seller default on Seller’s obligations to any Buyer, Seller will pay ACA an amount equal to ACA’s Commission plus any Buyer’s Premium, costs, late charges, legal fees, and expenses.
PRIVATE SALE
YOU agree not to enter, or to agree to enter into, a Private Sale of any Lot(s) included, or scheduled to be included in, the Auction, prior to or during the Auction. If YOU sell any Lot(s) included in, or scheduled to be included in, the Auction in a Private Sale prior to the auction, Seller shall pay ACA a $500 fee for each dog sold and Seller shall further pay to ACA responsible to pay ten percent (10%) of the purchase price as a Commission fee. As to any Lot which did not meet their respective reserve prices but are sold within 30 days of close of auction, Seller shall pay ACA the 10% commission based upon the sales price. It is the Sellers responsibility to inform ACA of any private transactions.
WITHDRAWAL OF LOT(S) BY ACA
Unless a specific Lot is, in express and explicit written terms, exposed for sale at Absolute Auction, ACA has the right to withdraw any Lot from the Auction for any reason prior to the Fall of the Hammer.
RETURNED CHECKS
Any checks that are returned unpaid will be subject to a returned check fee in the amount of Two Hundred Dollars ($200.00). In addition to the foregoing, ACA will be entitled to recover all other damages due under this Contract and recover from the issuer of a returned check, all costs, and expenses, including attorneys’ fees, for the collection of payment made in the form of a check that has been returned unpaid.
NO STOP PAYMENT ORDERS OR CREDIT CARD CHARGEBACKS
YOU agree that YOU will not, under any circumstances, (i) issue a stop payment order with respect to any checks issued at or in connection with the Auction, or (ii) initiate a credit card chargeback with respect to any purchases through the Auction. YOU further agree that if, in violation of these Terms and Conditions, a stop payment order is issued or a credit card chargeback is initiated, these Seller Terms and Conditions will be conclusive evidence of YOUR (i) waiver of any rights to issue a stop payment order or to initiate a credit card chargeback, and (ii) agreement not to issue a stop payment order or to initiate a credit card chargeback; and YOU acknowledge and agree that on ACA’s presentation of these Seller Terms and Conditions to the bank, credit card company, or other financial institution against which a check was drawn or that issued the credit card on which charges were made, such bank, credit card company, or other financial institution will reverse any stop-payment order and/or reverse or deny any credit card chargeback, and will re-credit all amounts to or for the account of ACA. If, in violation of these Seller Terms and Conditions, YOU issue a stop payment order or initiate a credit card chargeback, YOU will remain liable for all monies owed under this Contract, and YOU will be responsible for all costs and expenses, including attorneys’ fees, incurred by or on behalf of ACA in challenging the stop payment order or credit card chargeback and/or in collecting payment.
BID INCREMENTS, MINIMUM BIDS
Bid increments are established and controlled by ACA and may be adjusted or modified in ACA’s sole and absolute discretion. ACA may establish a minimum bid on any or all lots, and if the minimum bid is not tendered, the Lot will be passed. A minimum bid is not, typically, the Reserve Price. The tendering of the minimum bid on a Lot does not mean that the Lot will be sold, and the Lot may still be Withdrawn or passed by ACA.
BIDDING BY OR ON BEHALF OF SELLER. Seller reserves the right to bid at the Auction. Seller, or those acting on Seller’s behalf, may bid on any Lot(s) with the exception of Lot(s) expressly and explicitly identified, in writing, as being exposed for sale at an Absolute Auction that is not a forced sale. MHC may execute bids on Seller’s behalf. MHC is not required to identify any bid(s) executed on Seller’s behalf as having been executed on Seller’s behalf. Bids executed on Seller’s behalf are not required to be identified to a specific, or single, Bidder Number or Bidder Account and may be executed through more than one Bidder Numbers or Bidder Accounts. MHC is not required to disclose the existence or amount of any Reserve Price.
SELLER’S REPRESENTATIONS AND WARRANTIES
Seller represents and warrants, as follows:
– SELLER’S AUTHORITY: Seller has the legal authority to enter into and perform under this Contract, and is otherwise competent to enter into and perform under this Contract.
– GOOD TITLE; ENCUMBRANCES: Seller (i) owns the dog(s) in fee simple absolute, or (ii) is legally authorized to sell or make other disposition of the dog(s) free from any liens and encumbrances other than those liens and encumbrances identified by Seller in writing to ACA not less than (15) days prior to the Auction. Such notice shall include detailed information as to the lienholders name, contact information, release amount, and any other information requested by ACA.
– CERTIFICATES AND REGISTRATION: Seller warrants that all registration certificates, applications, transfers, breeding reports, and other information and materials provided by Seller to ACA are accurate and correct in all respects. Seller agrees to have original registration papers (if applicable) with signed transfer ready to send with animal to the new Buyer upon pick-up. Any and all statements of pedigree and/or registration are statements by the Seller and have not been independently verified by ACA. It is the responsibility of the prospective Buyer to confirm any pedigree and/or registration.
– DESCRIPTIONS AND DISCLOSURES: Seller warrants that Seller has provided ACA a true, accurate, and complete description of the dog(s), including condition, training, and other history, including, without being limited to: (i) is unsound in any way; (ii) has had major surgery or a serious illness. Sellers agrees to disclose any and all blemishes, scars, bumps, sores, cosmetic defects, and/or abnormal behaviors/habits that may be present. Pregnancy must be disclosed by Seller.
– VACCINES, WORMING, MAINTENANCE, AND MEDICAL CONDITION: Each dog is current on vaccines and has been dewormed. Seller has accurately disclosed to ACA all maintenance on injections, as well as any other medical conditions.
– VETERINARY RECORDS; RADIOGRAPHS; INDEPENDENT VETERINARY EXAM: The Seller of a Lot shall make veterinary records available for inspection and shall also provide veterinarian contact information. Veterinary records may include the opinions of a veterinarian. ACA does not guarantee the accuracy or completeness of veterinary opinions. Lot descriptions will indicate whether veterinary records have been uploaded to a repository. ACA may review veterinary records and/or any repository entries but does not guarantee or express any opinion as to the accuracy or completeness of such records. It is the Buyers responsibility to confirm veterinary records and/or to commission a veterinary examination and/or x-rays PRIOR to the Auction closing with respect to any conditions that are materially important to the Buyer.
ACA requires the Seller inform acceptable to ACA provide proof of current and a thorough veterinary examination by a licensed Veterinarian completed within 30 days prior to the date of this Contract. Although recommended, Sellers are not required to provide a complete pre-purchase examination. Prospective Buyers have the right to arrange a complete pre-purchase examination by a licensed veterinarian (which may include radiographs, bloodwork, etc.), at Buyers expense prior to sale date. Buyer must contact Seller to arrange pre-purchase examination. There will be no post-purchase veterinary examinations accepted by ACA. All dogs sell “As Is” “Where Is” with no express or implied warranty by ACA.
SELLERS OBLIGATIONS
Seller acknowledges, covenants, and agrees:
– GOOD TITLE: Seller will deliver good title to the dog(s) free and clear of any and all liens and encumbrances.
– NO WITHDRAWAL OF DOG(S): During the periods covered by this Contract, Seller will not Withdraw, sell, or attempt to sell the Lots without ACA’s prior written consent. Any removed listings due to illness or injury without a veterinary release explaining withdrawal reason, in addition to video footage of reason, will result in the payment of a $500.00 fee to ACA and Seller will be banned from ACA.
LIMITATION OF LIABILITY
ACA is not responsible for any actions of Seller or others, including Bidders or Buyers, taken before, during, and after the Auction. ACA will not be held liable for typographical errors, misprints, loss of merchandise/money, damage or failure of equipment, at the Lot Location, or otherwise related to the Auction.
ANNOUNCEMENTS
Subject to the limitation set forth in these Sellers Terms and Conditions, all terms and conditions and other announcements made by ACA on the Online Platform through the day of the Auction are binding and take precedence over any advertisements or listings.
WARRANTIES
If a dog is rejected by the Buyer due to Sellers misrepresentation of dog at time of sale, Seller will still be subject to the ten percent (10%) of purchase price commission fee. Any claims of misrepresentation must be provided by the Buyer and will be reviewed by ACA for legitimacy. ACA holds no responsibility for any transactions or guarantee between the Buyer and Seller.
AUDIO AND VIDEO RECORDING; PHOTOGRAPHS.
The Auction Site may be subject to security surveillance, including video, audio, and photographic recording. Video, audio, and photographic recording may also be taken by ACA and used on ACA’s website, or, otherwise, in advertising and/or for other commercial purposes. YOU further agree that ACA may use any such images or recordings in advertising and/or for other commercial purposes on a royalty-free basis with no further consideration or remuneration to YOU.
RISK OF THEFT, DAMAGE, INJURY, OR DESTRUCTION
ACA will not be liable for theft, damage, injury, or destruction of the dog(s) prior to, during, or after the Auction.
SELLER INTERFERENCE OR BREACH
If any dog is not sold due to Seller’s interference or other breach of this Agreement, such event will not be treated as a No Sale and Seller will pay ACA an amount equal to ACA’s Commission and Buyer’s Premium (calculated as a percentage of the fair market value or the Reserve Price, whichever is greater), plus costs attorney fees and expenses.
ACA’S RIGHT OF SET-OFF
ACA may apply any proceeds from the Auction against any outstanding amounts due and owing to ACA from Seller.
AUCTION PRICES; FAIR MARKET VALUE
Seller understands, acknowledges, and agrees that: (i) ACA has made no representations, promises, or warranties as to the amounts that may be bid for the dog(s), or any of it, at the Auction; and (ii) the Hammer Price establishes the fair market value for each horse as of the time, date, and location of the Auction.
INDEMNIFICATION
Seller will indemnify and defend ACA, and hold ACA harmless, from and against any and all claims or damages arising from the Auction or in any way related to the dog(s) including condition or injuries to third-parties.
WAIVER OF JURY TRIAL
SELLER WAIVES THE RIGHT TO TRIAL BY JURY.
ATTORNEYS’ FEES
Should ACA engage an attorney to enforce the Contract, Seller will pay all of ACA’s costs, expenses, and attorneys’ fees.
ACCEPTANCE OF SELLER TERMS AND CONDITIONS
YOU enter the animal described for the Online Auction hosted by Ace Canine Auction LLC subject to conditions of this consignment and sales agreement. YOU acknowledge and agree that YOU have had a full and fair opportunity to review these Seller Terms and Conditions, and that YOU have read these Seller Terms and Conditions, YOU understand these Seller Terms and Conditions, and YOU accept and agree to be bound by these Seller Terms and Conditions. Any judgment entered by a court in favor of ACA due to defendant by Seller shall bear interest at 18% per annum.