PLEASE READ THE TERMS AND CONDITIONS BELOW CAREFULLY PRIOR TO AGREEMENT
Remuda Auctions, LLC is a public online auction.
Remuda Auctions, LLC reserves the right to refuse service to any individual for any reason.
GOVERNING LAW – Remuda Auctions, LLC a California Corporation. All transactions and disputes are governed by California Law.
CONDITIONS OF SALE TERMS – WARRANTIES – BUYING PROCEDURE – SETTLEMENT FOR ALL REMUDA AUCTIONS, LLC LIVE AUCTIONS – ONLINE VIDEO AUCTIONS – TIMED AUCTIONS
LIMITATION OF LIABILITY – Remuda Auctions, LLC is an independent contractor regularly engaged in the business of conducting online timed consignment sales of horses, vehicles, trailers, estates and miscellaneous items and is recognized as “sale management”. These sales provide a public means via live, online video and/or timed auctions, to bring together a seller and a buyer for the purpose of completing the sale of a specified lot. Remuda Auctions, LLC is not 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. In the event of any legal dispute between a buyer and owner, Remuda Auctions, LLC will occupy the position of agent for a disclosed principal and stakeholder and will be discharged from all obligation upon delivery of any property and/or funds held, to a court having jurisdiction of such dispute. EACH LOT OFFERED IN THIS SALE IS SOLD “AS IS” AND WITH ALL DEFECTS. OWNERS, BIDDERS AND BUYERS CONSENT TO RECEIVE ELECTRONIC MESSAGES PERTINENT TO ANY AND ALL AUCTION BUSINESS VIA TEXT, EMAIL AND PHONE WHICH MAY BE SENT THROUGH AN AUTOMATIC SYSTEM FROM REMUDA AUCTIONS, LLC AND ITS AFFILIATES. ATTESTING TO THE TERMS AND CONDITIONS IS OPTING IN FOR THESE TYPES OF COMMUNICATIONS.
Please note that all items are sold AS-IS. Remuda Auctions, LLC expresses no warranty or guarantee on any item in this auction. All items are sold as pictured, as they sit. All sales are final. We do offer a preview day by appointment only. Remuda Auctions, LLC staff will not be able to assist you in loading up your items. Please make sure you bring anything you may need to load your items, including trailers, halters, boxes, hand-trucks, vehicle/motorcycle ramps, straps and extra hands to help lift.
All prospective buyers must be at least 18 years old and are required to register with Remuda Auctions, LLC prior to bidding. By using the bid number, the bidder acknowledges he has received, read, and understands and agrees to be bound by the terms and conditions of the auction either on the bidder’s agreement or posted at the auction facility or online. The bidder offering the highest bid accepted by the Auctioneer shall be the buyer of the offered lot, and no buyer shall retract his bid. The buyer accepts an auction lot when he makes a bid.
BUYER’S PREMIUM
A 11% buyer’s premium will be added to ALL horse purchases
A 12% buyer’s premium will be added to All vehicle, trailer, ATV and motorcycles
A 13% buyer’s premium will be added to ALL other item purchases.
SALES TAX
Local Sales tax applies to the location of the Auction except for horses and vehicles. 7.75% is the current tax rate for our Morongo Valley, CA auction location (please see vehicle section for vehicle fees and taxes). Sales tax applied to invoice total, including Buyer Premium and all other fees. Sales tax on all vehicles will vary depending on where the vehicle is being registered.
PARTICIPATION REQUIREMENTS
Valid Credit Card required for bidding approval.
PAYMENT OPTIONS
1. US CASH
2. US Bank wire transfer
3. Mastercard, Visa, Discover & American Express
A 4% convenience fee/office processing/buyers transaction fee will be added to the final bid for any lot purchased with other payment options other than cash to determine the total purchase price. As a bidder if you win an auction you are required to make all arrangements with Remuda Auctions, LLC within 48 hours of the end of the auction to make all necessary payments. The buyer must make arrangements with the seller of the lot(s) to transport, ship, mail or pick up the lot(s). Remuda Auctions, LLC is not responsible for making these arrangements. Credit cards are not accepted on purchases that involve precious metal purchases of $1,000.00 USD or more.
We do NOT accept over-the-phone credit card payments for any vehicles. Vehicles must be paid via cash, wire transfer or credit card.
Any credit card payment requires matching credit card info on file, with the same billing address.
All sales are final. All auction items are sold AS-IS, WHERE-IS, AS IT SITS.
Remuda Auctions, LLC, AND SELLERS MAKE NO, AND EXPRESSLY DISCLAIM ANY, GUARANTEE, WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, TO YOU WITH RESPECT TO ANY ITEM, INCLUDING WITHOUT LIMITATION, CONDITION, MERCHANTABILITY, QUALITY, RARITY, IMPORTANCE, FITNESS FOR A PARTICULAR PURPOSE, HISTORICAL RELEVANCE OR OTHERWISE. Descriptions are just a guide, and all auctions offer a preview. All items are sold AS IS-WHERE IS without any guarantees or warranty expressed or implied, statutory, or otherwise of any nature whatsoever in respect of the lots offered at the auction. Specifically, but without limitation, Bidders are encouraged to make their own physical inspection and rely solely on that inspection before bidding. Failure to inspect does not negate that Bidders responsibility to perform under the auction terms and conditions. The Bidder acknowledges that all auction items are available for inspection prior to the auction and it is the Bidders responsibility to have inspected the item before bidding. No sale shall be invalidated; nor shall the Auction Company be liable as a result of defects or inaccuracies of any lot. Any dispute arising as to any bidding shall be settled by Remuda Auctions, LLC at their sole discretion, and Remuda Auctions, LLC may put the lot in dispute up for sale again.
Remuda Auctions, LLC reserves the right to refuse any bid, which it considers to be an insignificant advance over the preceding bid. A Buyers Premium will be added to the bid price of each item purchased unless otherwise noted. The buyer is responsible for insuring his purchases immediately. Remuda Sales shall not be responsible for loss, damage, or theft of any purchase. The buyer shall not be entitled to remove any item from the item’s location until all of buyer’s purchases are paid for in full including all applicable goods, sales or use taxes. Removal of all items shall be the sole responsibility of the buyer. Loading assistance/shipping is provided as an extra fee to the purchaser and is the sole responsibility of the buyer.
BIDDING PROCESS, DISPUTES, MALFUNCTIONS – Remuda Auctions, LLC reserves the right to reject any and all bids. Should any dispute arise between two or more bidders, Remuda Auctions, LLC shall settle said dispute and that decision shall be absolute, final and binding on all parties. In the event of a 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/lot 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 10 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.
DEFAULT – The buyer assumes all risk and responsibility for loading and removal of purchases. All items must be removed from the auction/lot location by appointment made with the seller within 48 hours of the end of the auction. If for any reason the buyer fails to remove any purchase within the time specified, the purchase shall be deemed abandoned, the buyer is charged a $100.00 plus 25% restocking fee and the Auctioneer at its sole discretion may resell the items. Should such resale fail to satisfy the defaulter’s account in full, the defaulter will immediately pay to the seller 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 Remuda Auctions, LLC in collection of amounts owing for horse(s) purchased, or in enforcement or interpretation of this term of sale.
The buyer shall be liable for any rent incurred or damages suffered by the Auctioneer/seller because of the buyer’s failure to remove any item. Failure to remove items will result in a rental / storage fee of not less than $25 per item per day. Shipping is provided at the buyer’s expense and must be paid for within 48 hours of receiving your shipping quote or items will be considered abandoned. If the buyer is unable to be contacted within 5 days of hammer dropping on their item, the item will be considered abandoned. Auction Company will resell any abandoned items.
Horse Auction Additional Terms and Conditions WARRANTIES & EXPRESSED LIMITED WARRANTIES BUYERS ARE ENCOURAGED TO PRE-INSPECT AND ARE CAUTIONED TO 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. BUYERS CANNOT HAVE WHAT IS KNOWN AS A COMPLETE PRE-SALE VETERINARY EXAMINATION OF ANY HORSE AFTER PURCHASE. There is no warranty, express or implied, by Remuda Auctions, 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 Remuda Auctions, 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.
48 HOUR RULE-BUYERS CANNOT HAVE A VETERINARIAN PERFORM WHAT IS KNOWN AS A COMPLETE PRE-SALE EXAMINATION OF ANY HORSE AFTER PURCHASE.
ALL LOTS ARE SOLD AS IS WHEREIS WITHOUT ANY GUARANTEES OR WARRANTIES WRITTEN OR IMPLIED!
ALL BIDS ARE LEGALLY BINDING AND ARE NOT ABLE TO BE RETRACTED.
OWNERS RIGHT TO BID, RESULTS, BIDS -This auction is conducted “with reserve,” meaning the right to bid is reserved by the owner. To protect the desired sale price for lot. Remuda Auctions, LLC reserves the right to bid on 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 $150 catalog fee and 8% sale commission due. Remuda Auctions, LLC is not responsible in any way or liable if consigned lots are sold or not sold, results may vary per lot/auction. Remuda Auctions, LLC is not responsible or liable in any way if a non-payee (winning bidder) or a fraudulent/problem bidder bid and or wins a bid, Remuda Auctions, LLC is not obligated in any way to reimburse owner for any cost or fees for unsold lots or fraudulent/problem bidders. Remuda Auctions, LLC makes no guarantees of results or responsibility for results.
TITLE AND RISKS – Title transfers immediately to the buyer at the final and winning bid of horse(s). Title transfer includes all risk of loss including but not limited to illness, injury or death of the horse(s). 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. The buyer assumes all responsibility of the horse(s) and their conditions when they win the bid. Additionally, the buyer agrees to hold Remuda Auctions, LLC harmless for such loss or damage. TITLE AND RISKS ARE ASSUMED BY THE BUYER WHETHER OR NOT THE SETTLEMENT AND DELIVERY HAVE BEEN MADE. THIS SHALL ESPECIALLY BE THE CASE WITH PURCHASES MADE BY PHONE OR ONLINE.
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.
TRANSFERS/REGISTRATION CERTIFICATES – NO REGISTRATION CERTIFICATES FOR PURCHASED HORSES WILL BE RELEASED UNTIL PAYMENT IS RECEIVED AND CLEARED. THERE IS ABSOLUTELY NO EXCEPTION TO THIS RULE. ALL PAPERWORK WILL BE HELD BY SELLER UNTIL THE BUYER’S PAYMENT BECOMES UNCONDITIONAL PAYMENT. THE SAME CONDITION APPLIES TO VEHICLES, TRAILERS, EQUIPMENT AND ALL LOTS THAT HAVE TITLES, REGISTRATION AND/OR OWNERSHIP PAPERWORK.
POST SALE REMOVAL – All horses sold 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/SHIPPING 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/SHIPPING at buyer’s expense with a TRANSPORT/SHIPPING company if needed, to any state or Canada. International TRANSPORT is also an option at buyer’s expense.
Vehicle Terms and Conditions
A $65 document processing fee, $75 Internet Auction fee, $50 smog fee, smog certificate at actual cost and registration fee (if applicable) will be charged for every DMV purchase, whether sold independently or grouped into one lot and regardless of purchaser’s intended use of the purchase. California law does not provide for a cooling off or other cancellation period for vehicles. Therefore, you cannot later cancel a contract simply because you change your mind, decide the vehicle costs too much, or wish you had acquired another vehicle. Remuda Auctions must offer a 2-day cancellation option, should you wish to exercise, to purchase the right to return certain motor vehicles under $40,000 by 5PM PST of the second day after the sale. This cancellation option applies only to vehicles purchased for personal or household use; it does not apply to motorcycles, off-road vehicles, recreational vehicles, or vehicles sold for business or commercial use. In order to exercise this option, inform Remuda Auctions at the time of purchase on that specific auction day. The cost for purchasing this cancellation option is as follows: Purchase Price Cost of Option Restocking Fee $0-$5,000: $75- $100; $5,000-10,000, $150-$200; $10,001- 30,000, $250-$300, $30,001- 40,000 $400-$500. The amount is non-refundable, and the purchaser will also be charged an additional 25% restocking fee. The vehicle must be returned in the same condition and the mileage must not exceed the (250) permitted miles otherwise the option is void. Funds must be certifiable prior to the processing or release of DMV documents. Documents will be prepared to be effective only in the jurisdiction in which the auction is being conducted. If for any reason Remuda Auctions is unable to make available or deliver any purchase or clear title to the same, or documentation required in respect of any purchase, whether before or after delivery, Remuda Auctions sole liability shall be the return of monies paid in respect of such purchase upon its return by purchaser. Any such purchase shall be returned or surrendered upon demand by the Auctioneer. Some vehicles may be sold pursuant to vehicle code 24007.5, subsection (a) paragraph (2) and may only be available to licensed motor vehicle dealers and dismantlers. 23. Diesel vehicles (over 14,400 GVW) or off-road diesel equipment / vehicles when operated in California may be subject to the State of California Air Resource Board (CARB) in-use off-road diesel vehicle regulation or accelerated turnover requirements to reduce emissions or air pollutants and may not be operated or registered in the State of California without being retro-fitted. This vehicle/equipment may or may not be identified by Remuda Auctions. It is the buyer’s sole responsibility to determine if diesel engines or equipment with diesel engines can be permitted or registered in the State of California. For more information contact the (CARB) www.arb.ca.gov/msprog/ordiesel/ordiesel.html
Out of State Vehicle Purchases
Bidders purchasing Out-of-State items must be registered as an out-of-state buyer with Remuda Auctions prior to bidding. Bidders are hereby notified that a VIN Stop has been filed with California DMV prohibiting the vehicle/equipment from being registered in California. Purchaser will be required to sign an ARB Out-of-State Verification Form acknowledging their intent to move the vehicle/equipment out of California, and an Out-of-State Sales Agreement indicating that the Buyer will inform future buyers that the vehicle cannot be registered and operated in California unless compliant with Section 2022.1(b). Out-of-state vehicle buyers will receive 7 days of free storage and will be subject to $25 per day storage for every day after.