Lot # : 6 - Spooks Gotta Who Dat x Smartest Misty

Terms By participating in the auction you agree to the following terms and conditions: " Mark Wilcher, Wilcher Performance Horses, and Double Diamond Ranch reserves the right to accept or reject the request for a Buyer Number. " Buyer is welcome to personally inspect any horse of interest prior to bidding or buying. Any veterinary exams are encouraged and is the responsibility of the Buyer. Any Buyer who fails to obtain a pre-purchase examination does so at Buyer's sole risk and is subject to indemnity obligations because all horses are sold "As Is". " Your Bid will be thrown out if you do not provide a valid phone number for your account " By clicking the submit bid button you are entering a legal bind to purchase and pay for that horse. Full legal action will be taken if you buy a horse and do not pay. " All foals sell with registration certificates " Genetic Testing results are not guaranteed by Mark Wilcher, Wilcher Performance Horses, or Double Diamond Ranch or any consignor " Horses become the Buyer's responsibility at the end of the auction when the winner is confirmed. Horses are insurable and mortality insurance is encouraged to protect your investment if you are the winner. " ALL accounts must be paid 24 hours following the sale and all payments must be made directly to Double Diamond Ranch and not to the Seller under any circumstances " IMPLIED WARRANTY o There are no implied warranties made by the auctioneer, Double Diamond Ranch, Mark Wilcher, Wilcher Performance Horses, or owner as to the merchantability, fitness for any particular purpose or otherwise of any horse. Double Diamond Ranch, Wilcher Performance Horses, and Mark Wilcher make no warranties whatsoever. All horses sell as is where is with all existing conditions and defects. " Any Transfer Fees and/or Registration Fees are the responsibility of the Buyer. Registration Certificates and/or Transfers will be released to the Buyer when payment is received in full. " All persons previewing the horses at any facility do so at their own risk and are urged to use extreme caution. o UNDER LOUISIANA LAW " By participation in the auction: o All agree to save, HOLD HARMLESS and IDEMNIFY Auctioneer, Double Diamond Ranch, Wilcher Performance Horses, and Mark Wilcher, and its respective agents, employees, partners, directors, officers and/or any person entity acting on their behalf, from and against any and all liability, debt, claims, suits, losses, damages, causes of action, judgements, 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 or Owner or Buyer) or any horse, including but not limited to any claims arising out of injuries or damages caused by the horse after the end of the auction, and (ii) property damage, including the 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 conduction 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 any injury of any character to any person, animal or article arising from or occurring during the sale. " TO ALL SALE PARTICIPANTS: o Neither the Auctioneer, any representative thereof, nor Double Diamond Ranch, nor Wilcher Performance Horses, any representative thereof, nor Mark Wilcher 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. o All horses consigned to the sale are offered in accordance with the laws of the State of Louisiana and all transactions between Buyer, Seller, and the Auctioneer are governed by the laws of the State of Louisiana. Each horse 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. " The highest bidder becomes the Buyer. Auctioneer reserves the right to reject any and all bids. " Bidding Disputes o 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 horse 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/DOUBLE DIAMOND RANCH/WILCHER PERFORMANCE HORSES/MARK WILCHER reserves the right to bid on any horse or item to protect the sellers reserve. Consignor/seller may also bid on their own horse to protect their reserve. " When bidding closes, Buyer assumes all risk of all and the responsibility, maintenance, care and expenses for the horse sold and passes immediately from the Seller to the Buyer. This shall especially be the condition in the case of illness, injury, or death of any horse after it has been sold. Upon the close of bidding, the Buyer agrees to indemnify and hold the Auctioneer, Consignor, any representative thereof, Double Diamond Ranch, Wilcher Performance Horses, and Mark Wilcher harmless from all loss, cost and expense including but not limited to: (a) the illness, injury, or death of purchased horse, or (b) loss or damage to property, and (c) injury or death of persons caused by the Buyer, his agents, employees, or the purchased horse. All risks are assumed by Buyer whether or not delivery has been made. Delivery of a purchased horse shall be contingent upon the Buyer making a full settlement to Mark Wilcher/Double Diamond Ranch/Wilcher Performance Horses. " Settlement for any purchase must be made in full and paid directly to the Wilcher Performance Horses, Double Diamond Ranch and/or Mark Wilcher within 24 hours from end of auction. Payment to any other source is prohibited and 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, paypal, wire transfer or certified check, all of which must have been approved by Wilcher Performance Horses, Double Diamond Ranch and/or Mark Wilcher. Any person signing a check in the state of Louisiana 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. All registration papers will be withheld by Seller until all checks clear at the bank or credit card payments clear at which time they will be mailed to the new owner with signed transfers. Transfer of ownership of an animal is not nor will be complete until the check or draft is made in payment of said animal and funds have been transferred to seller. NO HORSE CAN LEAVE THE RANCH UNTIL PAYMENT IS RECEIVED AND CLEARED " There will be a reserve on some lots unless sale is advertised as a "No Reserve" sale " All known defects will be described before bidding begins on each horse and every horse will be sold under that rule. No horse can be rejected by a buyer. Once any animal has been sold from the auction, no recourse is available and the transaction is final. No returns unless arranged between seller and buyer and both parties are willing. " After successfully winning a bid, all Buyers shall be responsible for the full purchase price, as stated, for the horse. Buyers who fail in any respect whatsoever to make settlement as described above 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 the Auctioneer in collection of amounts owing, or in enforcement or interpretation of the sale condition. " There is no warranty, express or implied by the Auctioneer, consignor, or any representative thereof, or Double Diamond Ranch, Wilcher Performance Horses, any representative thereof, or Mark Wilcher as to the soundness, physical condition, health, disposition, merchantability or fitness for any particular purpose of any horse offered in this sale. All horses 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. It is the responsibility of the Buyer to have thoroughly inspected the horse/horses, and to have satisfied himself or herself as to the condition and value and to bid based upon that judgement solely. Horses are sold and purchased "as is" with or without a pre-purchase vet exam which is the buyers responsibility. " No guarantees are made by the Auctioneer, any representative thereof, or Double Diamond Ranch, Wilcher Performance Horses, consignor, any representative thereof, or Mark Wilcher regarding pregnancy status, eventual foaling, or fertility of any horse offered for sale. There is no implied or express warranty made by the Auctioneer or any representative thereof as to the marketability or suitability of any horse for a particular purpose. Final pregnancy status on broodmare's will be announced at the time of the sale on the Seller's behalf. Any contractual agreements between owners of broodmares in the sale and owners of stallions to which these mares may have been bred are strictly between the Buyer and the Seller. " 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 forward to the Buyer. Pending registration applications being processed by the appropriate registration agency at the time of sale will be forwarded to the Buyer. " 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. " Any item not covered in the conditions shall be related according to the established customs and practices of Wilcher Performance Horses, Double Diamond Ranch, and Mark Wilcher. " Announcements from the seller will take precedence over the information on the sale/website. " We may amend these Terms of Use at any time by posting Revised Terms of Use.