MorganShowcase Select Online Auctions

Please review the Select Online Auction Terms & Conditions at the bottom of this page before submitting an entry for review.

MorganShowcase Select Online Auctions

TERMS & CONDITIONS

Please read these Terms and Conditions carefully, as they will govern your use of MorganShowcase.com’s website select online auction services. Those who consign and bid are bound by these Terms and Conditions, as amended by any posted notices, which together form the contract of sale between the successful bidder (“Buyer”), MorganShowcase.com (MSC), and the consignor (“Seller”). When consigning or bidding on any horse offered by MorganShowcase.com, the Buyer and Seller indicate acceptance of the following Terms and Conditions. Any participation in the auction binds you to agreement of these Terms and Conditions, whether or not you read or understand said Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, you may not use the MorganShowcase.com website or auction services. All horses are sold are subject to the following Terms and Conditions which shall control the mutual, reciprocal duties among MorganShowcase.com, the Seller and the Buyer.

For Buyers

GENERAL TERMS & CONDITIONS: MorganShowcase.com Select Online Auction

1. PURPOSE. The purpose of these Terms and Conditions is to: a) establish sale procedures; b) facilitate informed bidding; c) provide seller’s direction for finances in completion of purchases; d) allocate rights, responsibilities, and risks; and e) provide for orderly dispute resolution.

2. AUCTION SITE USER AGREEMENT:  Buyer and Seller agree to these Terms and Conditions and affirm under penalties of perjury that all information furnished is true and correct. Buyer and Seller represent and agree that he/she is of legal age and is competent to form a binding contract.

3. RESERVE AUCTION: This is a Reserve Auction. The right of the Seller to bid on his/her own horse is expressly forbidden by MSC. However, said horse is not considered sold until the bidding reaches at or above the seller’s Reserve Price.

4. REFUSAL OF SERVICE: MSC reserves the right to reject any bid or refuse to issue a bidding number to anyone for any reason.

5. BUYER’S UNDERSTANDING: By placing a bid in this auction, Buyer agrees: a) to be responsible for any purchase made or actions taken by an Agent authorized by Buyer to act on Buyer’s behalf; b) that registration to bid is not assignable without the express written approval of MSC; c) to make any sale transaction for this entry directly to Seller as directed in final sale notifications; d) that if he/she has the winning, final bid, Buyer has entered into a binding contract to purchase the horse.

6. BUYER’S RESPONSIBILITY: By placing a bid in this auction, Buyer is indicating he/she has examined or researched a horse to their satisfaction. Prior to Bidding, Buyer may: a) ask Seller for additional information; b) make an appointment with Seller to examine the horse at Seller’s facility; c) arrange with Seller to have a licensed veterinarian perform a pre-purchase examination; or d) hire an agent or equine professional to inspect and evaluate the horse.

7. SELLER’S REPRESENTATION OF HORSE: Seller is solely responsible for the correct, accurate and honest representation of the horse in the entry form, including the description, horse information, video representation, as well as in communication with potential or eventual buyers. Some representations on disposition and handling are the opinion of the Seller and given only as an indication of the horse’s capability. Buyer should inspect, examine and research horse to their satisfaction. Seller is solely responsible for the accuracy of all information that appears in the online sale listing and previews. Seller and Buyer agree to hold MSC/Masterworks Creative LLC harmless from any claims arising out of any such inaccuracies or omissions. Seller is responsible for disclosing the following conditions, which must be stated in the online sale listing: If the entry is a cribber, weaver, is unsound of eyes or wind, has a parrot mouth, is a cryptorchid or ridgling, has had major surgery or a serious illness, has been nerved or has a lameness due to navicular disorder, ringbone, osteoarthritis, founder prior to the sale, bone abnormality prior to sale, or neurological disorder prior to the sale, including, but not limited to, EPM or wobbles. Seller is solely responsible for the accuracy of all information that appears in the online sale listing and previews. Buyer agrees to hold MSC/Masterworks Creative LLC harmless from any claims arising out of any such inaccuracies or omissions.      

This is a final sale and buyer/high bidder has no warranty from MSC/Masterworks Creative LLC to return said horse unless Seller and Buyer come to a mutual agreement on their own.

Buyer agrees to hold MSC/Masterworks Creative LLC harmless from any claims arising out of any such inaccuracies or omissions.

8. BUYER’S RIGHT TO LIMITED PRE-PURCHASE EXAMINATION: Buyer has the right to have a licensed veterinarian perform a pre-purchase examination, at Buyer’s expense, to determine if any of the issues in Condition 7 of the Consignment Contract have not been disclosed. The examination must be done prior to three (3) business days from the end of the auction. If a vetting is rejected by a Buyer, any of the Buyer’s bids placed on the horse will be retracted, provided the Buyer notifies MSC/Masterworks Creative LLC by telephone or text at least 24 hours before the close of the auction.

9. NO IMPLIED WARRANTIES: There is no warranty expressed or implied by MSC/Masterworks Creative LLC, sponsors, or Seller, as to the performing soundness, merchantability or fitness for any particular purpose of any horse offered in this sale, other than those made specifically by Seller. ALL HORSES ARE SOLD “AS IS” WITH ALL EXISTING CONDITIONS AND DEFECTS.  ALL RESPONSIBILITY FOR REPRESENTATIONS LIES BETWEEN THE SELLER AND THE BUYER.

10. DRUGS AND MEDICATION: Seller agrees that this entry will not be given any drugs to alter soundness or temperament during this auction, including for presentation in videos, inspection by potential buyer, examination by veterinarian or delivery to Buyer. If the entry must receive any medication as a result of an injury or illness, to protect the welfare of the entry or maintenance of any condition, this information must be provided to MSC/Masterworks Creative LLC and be stated in the description and disclosed in the online sale listing.  Buyer has the right to have a licensed veterinarian draw a blood sample prior to the auction or within three (3) business days prior to the end of the auction and before the horse leaves the Seller’s facility. If the buyer makes a claim of misrepresentation of soundness or attitude and the entry tests positive for a drug that could mask such a problem, any bids placed by the Buyer will be immediately retracted.

11. TRANSPORTATION FROM SELLER TO BUYER: Buyer is responsible for the cost and arrangements for transportation of the horse from Seller to Buyer. Immediately after the end of the auction, Buyer shall contact Seller to schedule transportation for the horse.

12. RELEASE OF HORSE TO BUYER:  Seller and Buyer are responsible for completing financial obligations and agreements to their own satisfaction and prior to horse leaving Seller’s care. MSC/Masterworks Creative LLC are not responsible for any agreements or transactions agreed or implied after conclusion of the online auction.

13. RISK AND RESPONSIBILITY FOR HORSE:  Buyer assumes all risk, responsibility and expense for the horse at the end of bidding or, if sold pending confirmation by Seller, upon confirmation of selling price by Seller. Seller agrees to provide basic board and care for up to 7 (seven) days at no additional charge. Beyond 7 (seven) days, Buyer will be responsible to pay for board, at a cost determined by Seller, plus any other expenses that may be required to maintain the horse until Buyer takes possession or has the horse picked up from Seller. MSC/Masterworks Creative LLC strongly recommend that Buyer obtain Full Mortality Insurance on horses immediately after purchase, however, this decision and risk rest solely with Buyer.

14. BIDDING ERRORS: Buyer should make sure to review all bids before and after submitting. If Buyer mistakenly increases his/her own bid, places his/her bidder number in the bid field, or makes a gross error, Buyer must immediately contact MSC/Masterworks Creative LLC by email or text to 314-750-1397 with a written request to reverse the bid and the reasons for the request. Please be advised that MSC/Masterworks Creative LLC may not be able to reverse a Buyer’s bid, in which case Buyer will remain the high bidder. Be aware of increasing your own bids. Some bidders increase their own bid to price a horse out of reach of other bidders. MSC/Masterworks Creative LLC will not reverse bids that have caused another bidder to be outbid. If Buyer bids on the wrong horse, MSC/Masterworks Creative LLC will not reverse that bid. Please make sure to immediately review all bids. MSC/Masterworks Creative LLC will not reverse bids after the auction has begun to close. There will be NO exceptions.

15. SALES TAX: Buyers and sellers will be solely responsible for any sales tax liabilities within their own state.

16. PAYMENT BY BUYER: Once bidding is closed, a notification stating the final bid amount and all contact information for winning bid (Buyer) will be emailed to Buyer and Seller. Payment arrangements after the close of the auction are the sole responsibility and to the satisfactory mutual agreement of Buyer and Seller.

18. DEFAULT ON PURCHASE: If Buyer fails to pay for the horse in accordance with the terms of Paragraph 16 above, Seller shall have the right to re-list the horse on MSC at no additional charge, or pursue other avenues of collection.

19. PRIVATE SALES: Once a Seller lists a horse with MSC/Masterworks Creative LLC Auction Services, private sales during or after the auction are prohibited. Seller and Buyer understand and agree that all private sales outside the auction will be subject to commission and consignment fees as follows: (a) If Seller finalizes a sale prior to the conclusion this auction, Seller agrees to pay MSC/Masterworks Creative LLC a commission of 10% (ten percent) of the reserved selling price or the current high bid when the auction is ended due to the outside sale. (b) If Seller withdraws an entry after listing a horse with MSC/Masterworks Creative LLC, Seller agrees to pay MSC/Masterworks Creative LLC a commission of 15% (fifteen percent) of the reserved auction price.

20. REGISTRATION PAPERS: All registration papers will be held by Seller and mailed to the Buyer promptly upon completion of their private financial agreement. MSC/Masterworks Creative LLC take no responsibility for delivery of registrations or transfers.

21. COGGINS REPORT: Seller must provide a copy of a Negative Coggins Report, with markings or photos, drawn within 12 (twelve) months prior to the end of the auction.  

22. HEALTH CERTIFICATES: Buyer is responsible for obtaining any Interstate Health Certificate and/or International Import or Export papers that may be necessary for transportation of the horse.

23. BROODMARES: All mares selling as bred must be checked for pregnancy by a licensed veterinarian within ten (10) days prior to listing for an auction and a statement of results of this examination must be provided to Buyers upon request. If a mare is known to be carrying twins, it must be disclosed. Any Buyer of a broodmare may have the mare examined by a licensed veterinarian before the horse leaves Seller’s facility. Any broodmare so examined whose pregnancy status is found not to be as represented in the online sales listing may be returned to the Seller as unsold, and Seller shall pay veterinarian’s fee for examination. If the broodmare’s pregnancy status is found to be as represented in the online sales listing, Buyer shall pay the veterinarian’s fee for this examination. Any Seller offering mares as being bred with a live foal guarantee or return privileges must furnish Buyer with written acknowledgement of this agreement signed by the stallion owner (or an authorized agent) that such privileges will be honored. If the breeder’s certificate is withheld by the stallion owner until the foal is born, Seller must furnish a letter, signed by the stallion owner (or an authorized agent), that such certificate is free of any additional costs and indicate how the mare owner will obtain the certificate.     

24. NO GUARANTEE OF SERVICE: MSC/Masterworks Creative LLC, and Ultimate Auctions (AuctionPlugin.net) do not guarantee or covenant that the Auction technology, the MorganShowcase.com site or any related services will meet Buyer’s or Seller’s requirements or be uninterrupted or error-free.  MSC/Masterworks Creative LLC does not guarantee real-time performance of any service or that it will execute all online or absentee bids.

25.  PROHIBITED CONDUCT: MSC/Masterworks Creative LLC, at their sole discretion, may ban from further use any Buyer or Seller who MSC/Masterworks Creative LLC believes to have in any way misrepresented itself or any horse, failed to abide by the Terms and Conditions, or engaged in any improper auction conduct as determined solely by MSC/Masterworks Creative LLC and its management. Any Seller who misrepresents their horse(s) and any Buyer who improperly fails to carry through with a purchase will be banned from any further use and may be subject to additional legal actions.

26.  APPLICABLE LAW:  These Terms and Conditions shall be governed by the laws of the State of Florida.  

27. INDEMNITY: In the event Seller misrepresents or fails to disclose any fault, defect or condition of a horse sold or offered for sale, or in the event any of Seller’s representations or warranties are incomplete or inaccurate in any way, Seller shall INDEMNIFY AND HOLD HARMLESS MSC/Masterworks Creative LLC from any and all liability, debt, claims, suits, losses, damages, causes of action, judgments, costs and expenses, including attorney fees, incurred by Buyer as a result of Seller’s misrepresentation(s) and/or failure(s) to disclose.

28.  LIMITS OF LIABILITY: MSC/Masterworks Creative LLC shall not be liable for lost profits or any incidental, special or consequential damages whatsoever arising out of or in connection with any sale or transaction.  The total liability of MorganShowcase.com for all claims, damages, or losses resulting from Buyer’s or Seller’s use of MorganShowcase.com’s website or auction services shall not exceed the amount of funds collected as a fee for the sale of a horse. MSC/Masterworks Creative LLC reserve the right to reject or void bids, whether winning or not, that MSC/Masterworks Creative LLC deems not to have been made in good faith, or that are restricted, prohibited, or taxed due to local laws. MSC/Masterworks Creative LLC is the one and only judge regarding the determination of winning bidders, is the single deciding authority if a dispute should arise, and accepts no liability for any errors or omissions. MSC/Masterworks Creative LLC reserves the right to reopen bidding on any disputed bids or ties. MSC/Masterworks Creative LLC reserves the right to postpone or cancel a sale without notice, if determined in our discretion that such action is appropriate. MSC/Masterworks Creative LLC will neither have the liability nor obligation to the intended bidders as a result of any withdrawal, cancellation, or postponement of sale.

29. PUBLICATION OF SALE RESULTS: Buyer and Seller agree that MSC/Masterworks Creative LLC may publish sale results.

30. ADDITIONAL TERMS AND CONDITIONS: The Terms and Conditions for the use of  MSC/Masterworks Creative LLC Conditions of Sale for Buyers and Sellers as stated on the auction website, are hereby incorporated by reference and made part hereof as though fully set forth herein.

31. INTERFERENCE: Buyer and Seller agree not to use any device, software or routine to interfere with or attempt to interfere with the functioning of or any transaction being conducted on and during the online auction sale. Buyer and Seller acknowledge that this auction is conducted electronically and MSC/Masterworks Creative LLC, Seller and Buyer rely on hardware and software that may malfunction without warning.

32.  NO AGENCY:  Buyer, Seller and MSC/Masterworks Creative LLC are all independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms and Conditions.

33. PRIVACY POLICY: By registering as a bidder or a seller for this auction, Buyer and Seller agree to the use of Buyer’s and Seller’s information by MSC/Masterworks Creative LLC. Buyer’s and Seller’s information will be used by MSC/Masterworks Creative LLC to contact Buyer and Seller and for record keeping. MSC/Masterworks Creative LLC will not sell or give Buyer’s or Seller’s information to any entity, except for a sponsor or company that provides special services to Buyer or Seller. Buyer and Seller grant permission for MSC/Masterworks Creative LLC to share contact information with it’s sponsors.  In the future, MSC/Masterworks Creative LLC may use email lists to contact Buyers and Sellers. MSC/Masterworks Creative LLC may do custom email promotions for customers, advertisers or organizations. If Buyer or Seller wishes to discontinue receiving these emails, please use the unsubscribe button at the bottom of all communications.

34. SEVERABILITY: If any provision or portion of a provision of this agreement is held to be invalid or unenforceable for any reason, such provision or portion of a provision shall be struck and the remaining provisions shall be enforced.

For Sellers

AUCTION ENTRY CONTRACT

Masterworks Creative LLC dba MorganShowcase.com

PLEASE READ BEFORE ENTERING HORSE – A copy of this contract will be emailed to you following submission of this entry. Please keep a copy for your records. You will be bound by these Conditions whether or not you have read them.

1. AGREEMENT: a) I represent and agree that I am of legal age to form a binding contract. b) The Owner and/or Agent, (hereinafter referred to as Seller) agrees to these terms and conditions, and swear that all the information furnished regarding this entry is true and correct to the best of my knowledge. c) Seller agrees and specifically warrants, to Masterworks Creative LLC dba MorganShowcase.com (hereinafter referred to as MSC) and also to any subsequent purchasers that Seller does have absolute and complete title to and there are no liens or encumbrances on the entry listed on this contract. d) Seller warrants that any registration certificates, applications, transfers or breeding reports are correct and free from any question or action by the applicable breed registry. e) Seller agrees that this consignment contract is not assignable without the express written approval of MSC). Seller agrees to make any sale transaction for this entry through MSC.

2. FEES: Seller agrees to pay MSC the applicable Auction Listing fee for this entry of 2% of the Seller’s reserve price on the entry, payable upon submission and before the auction goes live. If MSC determines after reviewing the photographs, video and description submitted that it is not a good candidate for a reasonably successful auction, Seller will be notified by return email and given the option of conversion to a typical MSC sales listing for $75 and having remaining fees refunded promptly, or a full refund on auction fee.

  • AUCTION SALE: If auction concludes with a final closing bid, Seller agrees to pay MSC an auction listing fee of 3% (three percent) of the actual selling price, less the initial Auction Listing fee. Fee will be invoiced promptly at the close of the sale by Masterworks Creative LLC with payment due in 15 days from closing date of auction. Unpaid invoices will be charged at 2% per month on the unpaid balance. A fee of $25 will be charged on returned checks. Masterworks Creative LLC reserves the right to pursue outside collection services if required.
  • PRIVATE SALES: Once a Seller lists a horse with MorganShowcase.com Auction Services, private sales after submission of entry and before auction goes live, or during or within 30 days after the auction are discouraged. Seller and Buyer understand and agree that all private sales outside the auction will be subject to auction listing fees as follows: (a) If Seller finalizes a sale prior to the conclusion this auction, Seller agrees to pay MorganShowcase.com an auction listing fee of 15% (fifteen percent) of the reserved selling price or the current high bid when the auction is ended due to the outside sale, whichever is higher. (b) If Seller withdraws an entry after listing a horse with MorganShowcase.com, Seller agrees to pay MorganShowcase.com an auction listing fee of 10% (fifteen percent) of the reserved auction price.
  • POST AUCTION SALE: If Seller does not sell this entry in the auction, but later sells it to a customer generated by the sale within 30 days, Seller agrees to pay MSC an auction listing fee of 5% (five percent) of the actual selling price.
  • WITHDRAWAL: Auction Listing Fees are non-refundable. After the entry is submitted, Seller agrees not to withdraw this entry, unless withdrawal is accompanied by a veterinarian’s certificate stating the reason the entry cannot be offered for sale and is acceptable to MSC, in which case only the auction listing fee will be due to MSC.
  • SUBSTITUTIONS: Seller understands that they have the right to substitute another entry for the original entry due to injury or death of the original entry. A veterinarian’s certificate on the original entry must be presented to MSC. A $50.00 charge is made for each substitution to compensate for the additional work to prepare a new entry.
  • VIDEO FEE – For videos that are not online in an sharable platform, send us the video files and we will create a MorganShowcase.com branded video and upload it to youtube for $25 per video.

3. MINIMUM OPENING BID: The minimum opening bid for any entries in the MorganShowcase.com Select Auction is $2,500 (twenty-five hundred dollars).

4. SELLING OPTIONS:

  • Sell with NO RESERVE or Minimum Price: Entry will sell to the highest bidder. Auction Listing Fee for NO RESERVE entries is $100 (one hundred dollars).
  • Sell at or above a Minimum Starting Bid: Entry will sell to the highest bidder that meets or bids higher than the minimum opening bid as set by the Seller. Auction Listing Fee for Minimum Opening Bid entries will be 2% (two percent) of the Minimum Starting Bid.

6. INSPECTION BY BUYERS: Seller agrees to make the entry available to potential buyers for inspection or veterinary examination at a time and place agreed to by the Seller and potential buyers.

7. RIGHT TO EDIT OR CHANGE: MSC reserves the right to edit, correct, or add to the Statement that I have furnished regarding this entry, to reject or withdraw any entry, or to change the time or date of this sale should any unforeseen circumstances necessitate such a change.

8. SELLER’S REPRESENTATION OF HORSE: Seller is solely responsible for the correct, accurate and honest representation of the horse in the entry form, including the description, disclosure form, horse information, riding and training sections of this submission, as well as in communication with potential or eventual buyers.

Some representations on disposition and handling are the opinion of the Seller and given only as an indication of the horse’s capability. Buyer should inspect, examine and research horse to their satisfaction. Seller is solely responsible for the accuracy of all information that appears in the online sale catalog and previews.

Seller is responsible for disclosing the following conditions, which must be stated in the online auction listing: If the entry is a cribber, weaver, is unsound of eyes or wind, has a parrot mouth, is a cryptorchid or ridgling, has had major surgery or a serious illness, has been nerved or has a lameness due to navicular disorder, ringbone, osteoarthritis, founder prior to the sale, bone abnormality prior to sale, or neurological disorder prior to the sale, including, but not limited to, EPM or wobbles. Seller is solely responsible for the accuracy of all information that appears in the online sale catalog and previews.

Seller and Buyer agree to hold MorganShowcase.com and Masterworks Creative LLC harmless from any claims arising out of any such inaccuracies or omissions.

9. MorganShowcase.com DOES NOT GUARANTEE PAYMENT BY THE ONLINE BIDDER. Due to the nature of the electronic transaction, MSC cannot guarantee the validity or performance of an internet bidder. Seller understands that MSC does not guarantee the validity, enforceability, payment or collection of any instrument received in payment of the purchase price of any entry.

10. REGISTRATION PAPERS: Entries will be listed as “REGISTERED” or “REGISTRATION APPLIED FOR” as designated by the Seller. All registration papers or registration applications will be held by Seller and mailed to the Buyer promptly upon completion of their private financial agreement. MorganShowcase.com and Masterworks Creative LLC take no responsibility for delivery of registrations or transfers or payments for same.

11. COGGINS REPORT: Seller must provide a copy of a Negative Coggins Report, with markings or photos, drawn within 12 (twelve) months prior to the end of the auction.

12. BROODMARES: All mares selling as bred must be checked for pregnancy by a licensed veterinarian within ten (10) days prior to listing for an auction and a statement of results of this examination must be provided to Buyers upon request. If a mare is known to be carrying twins, it must be disclosed. Any Buyer of a broodmare may have the mare examined by a licensed veterinarian before the horse leaves Seller’s facility. Any broodmare so examined whose pregnancy status is found not to be as represented in the online sales listing may be returned to the Seller as unsold, and Seller shall pay veterinarian’s fee for examination. If the broodmare’s pregnancy status is found to be as represented in the online sales listing, Buyer shall pay the veterinarian’s fee for this examination. Any Seller offering mares as being bred with a live foal guarantee or return privileges must furnish Buyer with written acknowledgement of this agreement signed by the stallion owner (or an authorized agent) that such privileges will be honored. If the breeder’s certificate is withheld by the stallion owner until the foal is born, Seller must furnish a letter, signed by the stallion owner (or an authorized agent), that such certificate is free of any additional costs and indicate how the mare owner will obtain the certificate.

13. HALTER: Seller is REQUIRED to provide a new or serviceable halter when horse is to be picked up by Buyer’s transport services.

GO TO THE AUCTION!