Terms & Conditions

 

The following Terms and Conditions of Sale, as amended by any posted notices or oral announcements by the Sale Agent or Auctioneer prior to or during the auction, constitutes the entire agreement between the bidders at the auction. On the other hand, each consignee has the legal right to convey good title to the said Embryo Right/Unborn Foal. IntArah LLC makes no representations or warranties whatsoever to any bidders or to any successful buyer, and shall have no obligations or liabilities to any bidder or buyer, and without limiting the generality of the foregoing, shall bear no liability to any party as a result of any breaches of representations, warranties or legal duties or responsibilities of IntArah LLC.


Procedure To Produce Your Embryo Right:

*Embryo Right: The Buyer is responsible for all veterinary expenses associated with the embryo transfer procedure including costs of recipient mare to host future made foal, all of which is payable directly to the veterinarian. Buyer is guaranteed 3 (three) consecutive breeding cycles to retrieve an embryo. If a successful transfer is not accomplished after 3 consecutive cycles, Seller agrees to allow Buyer another opportunity to collect the next breeding year. If more than “1” embryo is conceived, collected and successfully transferred, Buyer shall be the owner of only one successful transferred embryo. Seller will be responsible for all costs associated with the second successful embryo transfer. The consignor will make available to the Buyer the “The Donor Mare” to produce the foal from the purchased embryo right. The right to an embryo transfer of the Seller’s Mare by the purchaser does not constitute a guarantee to a live foal from the Mare by he Seller, but does guarantee a wide variety of options to insure and protect your investment through C. Jarvis Insurance Agency. Please see the insurance paragraph listed in part 2 of Terms and Conditions. If “The Donor Mare,” sells before a confirmed pregnancy of the recipient Mare, Seller agrees to transfer the agreements in this consignment form to the new Mare owner.


Warranty of Title and Possession:

a) Consignor warrants that he/she/they has (have) proper documentation to register the embryo/unborn foal and that the embryo right/unborn foal will be available to Buyer free of all liens or encumbrances. Consignor makes no other warranties or representations whatsoever which extend beyond the description on the face hereof and specifically does not warrant the fitness, merchantability, suitability or quality of the resulting foal. b) Pregnancy Exam: Consignor agrees to have a pregnancy exam performed, at their expense, on the Mare carrying the unborn foal and must provide a certified pregnancy certificate to IntArah by 12:00 PM PDT, April 14, 2017. A licensed veterinarian must perform examination.


Warranty of Pedigree:

Consignor warrants to Buyer that the Sire and Dam as stated in Paragraph 2 of the Embryo Right/Unborn Foal Consignment Form, date, bred and recipient/donor Mare information of the Embryo Right/Unborn Foal is true and correct.


Warranty of Registration:

Consignor understands and agrees that IntArah is not responsible for registration or parentage testing of any embryo transfer foal. Consignor further agrees to provide any and all documentation necessary to register the resulting foal as described in section 2 of the Embryo Right/Unborn Foal Consignment Form. Any fees associated with providing embryo transfer permits and/or certificates for the donor Mare are the responsibility of the Consignor. Registration of the resulting unborn foal purchased is the responsibility of the purchasing party.


Registration Papers:

Ability to register the foals papers shall not pass to the buyer until the Embryo Right/Unborn Foal has been paid for in full.


No Other Warranty:

Each Embryo Right/Unborn Foal is sold “AS IS”. Neither IntArah LLC nor any other person is authorized to make representations or warranties about any Embryo Right/Unborn Foal. No oral or written statement constitutes a warranty, and all such oral or written statements, other than those contained herein, shall not be relied upon by any bidder or buyer, and are not part of any contract of sale.


Title and Delivery:

Documentation to register the Unborn Foal passes to the Buyer at the fall of the hammer, subject to payment of all or such part of the purchase price. All risk of injury to the Mare carrying said Embryo Right/Unborn Foal becomes the buyer’s risk upon the fall of the hammer. The Buyer shall present himself to sign the Buyer’s acknowledgment form immediately upon the fall of the hammer, and will arrange to make full payment within (1) business day after the auction. The right of a successful bidder to purchase, as determined by the auctioneer, is not impaired in the event that an Acknowledgment of Purchase is signed by another bidder. Insurance is available to Buyer.


Limitation of Liability:

The Buyer’s exclusive remedy for any breach shall be limited to the return of said Embryo Right/Unborn Foal (as described in the following paragraph) and repayment of the purchase price received by the Consignor, less commissions and cost of sale. The liability of the Consignor or the Consignor’s Agents with respect to any sale or anything done in connection therewith, whether arising out of contract, negligence, strict liability warranty or otherwise, shall not exceed the total purchase price, less commissions and cost of sale, of the Embryo Right/Unborn Foal upon which has been received by the Consignor, Except to the extent set forth in this and the following paragraph, the Buyer shall not under any circumstances be entitled or, nor be able to, recover any damages, including but not limited to consequential damages, incidental damages, special or general damages or loss of other property, or loss resulting from any general or particular requirements and needs of the buyer.


Catalog:

Every effort has been made to assure the correctness of the catalog, but IntArah LLC are not responsible for errors or omissions. All corrections made to the catalog at the time of the sale from the auctioneer’s podium shall supersede the catalog.


Bidding:

The highest bidder recognized by the auctioneer shall be the Buyer. Bids tendered after the fall of the hammer are not valid grounds for any dispute. If any dispute arises between two or more bidders, or in the event of doubt on the auctioneer’s part as to the validity of any bid, the auctioneer will have the final discretion either to determine the successful bidder, or to re-offer and resell the Embryo Right/Unborn Foal in dispute. The auctioneer’s sale record is conclusive and is not subject to challenge. The auctioneer reserved the right to reject any bid. 


Bidder Registration:

IntArah LLC encourages everyone to pre-register for auction by visiting our website www.intarah.com or the IntArah Booth at the World Cup Show.


Delivery to Buyer:

No Embryo Right/Unborn Foal shall be delivered to the Buyer until payment in full has been received in full by IntArah LLC by one of the means set forth below.


Buyer’s Payment:

The Buyer shall pay for the Embryo Right/Unborn Foal within (1) business day of the conclusion of the sale, and shall pay IntArah LLC the total purchase price plus an additional 5% Buyer’s premium fee (or as described in terms) by one or more of the following means: U.S. currency, cashier’s check, traveler’s check, personal check, Credit Card. There will be a 3.5% user fee on all Credit Cards (we accept Visa, MasterCard or American Express), subject to clearance prior to the release of the Embryo Right/Unborn Foal.

* Notice to all winning bidders... There is an additional 5% buyer’s premium fee due at the time of purchase added to each lot.


Default Purchase:

If any person shall purchase a lot and fail to pay for it in the manner described above, IntArah LLC shall have, in additional to all other legal rights, the right to resell the lot, or at their option, bring an action for specific performance, in which event the defaulting Buyer agrees to pay all costs of each suit, together with all reasonable attorney’s fees and cost. In the event of a resale, the defaulting Buyer agrees to pay all costs of resale, plus any deficiency between the original total purchase price and the total purchase price upon resale.


Additional Expenses:

It’s understood that at the fall of the hammer, the winning bidder takes all ownership of the Embryo Right/Unborn Foal ‘s expenses that occur with the related Embryo Right/Unborn Foal. All expenses are those of the new owner of the Embryo Right/Unborn Foal.


Law and Taxes:

These Terms and Conditions of Sale shall be construed and governed by the laws of the State of Nevada in effect as of the date of the sale, and any dispute shall be resolved pursuant to the laws of the State of Nevada. Jurisdiction and venue shall be in Clark County, Nevada. Each Buyer agrees to
pay any city, county or state sales, transaction, privilege or use tax which may be claimed because of the Buyer’s failure to qualify for an exemption. Applicable Nevada state sales tax rulings and state statutes may apply.


Withdraw Rights:

Intarah reserves the right to withdraw any Embryo Right/Unborn Foal from the sale without liability to anyone. Consignor will not withdraw the consigned Embryo Right/Unborn Foal from the 2017 Dream Embryo Auction except with the expressed written consent of the auction management. Consignor shall be liable for all consignment fees, commissions, and other expenses incurred. The Auction Company and/or The IntArah Group may withdraw consignments from the sale without liability to anyone. If the recipient mare should abort the consigned embryo before the auction, the consignor may withdraw from the auction without penalty, although the initial auction consignment fee will not be refunded rather credited toward future auctions of the Auction Company or The Intarah Group.


Agent Commissions:

Agent’s will be paid a commission by IntArah LLC for representing their client on their purchases if the Agent is registered with IntArah LLC. The Agents must register and their owners must register or no commissions will be paid.

*The IntArah Group LLC are only organizers of the event. The main function of the IntArah Auction is to connect the Sellers with Buyers, fitting any and all legal liabilities in the greetings of the Terms and Conditions of purchases and sales of this auction are solely and entirely on Sellers and Buyers.


Insurance:

IntArah has secured the best possible rates and coverages through C. Jarvis Insurance Agency, Inc. and have provided all necessary veterinarian certificates and pregnancy certificates to incept coverage. The following types of insurance coverage are available for purchase depending on the lot:

- Prospective Foal Coverage
- Recipient Mare Coverage
- Donor Mares for Embryo Rights
- Barrenness Coverage

Insurance coverage must be purchased the evening of the sale to receive the special intArah rate. Please contact either Kimberly or BrookeMarie Jarvis prior to the auction or during the auction to discuss the coverages available to you. All inquiries may be made to Kimberly Jarvis at jarvis@jarvisinsurance.com or +1-440-725-7770 or BrookeMarie Jarvis at brookemariejarvis@jarvisinsurance.com or +1-440-220-0800.