Terms

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS:

  • Introduction:

    The Terms and Conditions of this website explain the information, collection, use, and practices of Montana Select Horse Sales. By using Montana Select Horse Sales, and the website, www.montanaselectsales.com, you are accepting the Terms and Conditions. Before submitting to any of the Montana Select Horse Sales, please carefully review these Terms and Conditions. 

    IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT UTILIZE THE SERVICES OF MONTANA SELECT HORSE SALES. BY UTILIZING MONTANA SELECT SALES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS. 

    Release:

    By utilizing Montana Select Horse Sales, you hereby agree not to sue Montana Select Horse Sales, its affiliates, services provides or officers, directors, employees, or agents, and agree to release and hold harmless the released parties from and against any and all claims relating to or arising out of a sale entered into in connection with the use of Montana Select Horse Sales. In the event of any dispute arising out of a transaction occurring through Montana Select Horse Sales, you agree to seek remedy solely from the other party in the transaction. 

     

    No Warranty:

    Use of Montana Select Horse Sales shall be solely done at your own risk without any representation, warranties, or conditions of any kind, whether express or implied. Montana Select Horse Sales does not represent or warrant that the use of this service will be uninterrupted, timely, secure, or error free. Montana Select Horse Sales does not warrant that the results obtained from this service will be accurate or reliable. From time to time, the service may be unavailable.

    Indemnification:

    You agree to indemnify Montana Select Horse Sales and hold harmless Montana Select Sales, including directors, officers, agents, contractors, and services providers, from any claim or demand made by a third-party due to or arising out of your breach of an Agreement.

    Governing Law:

    The Terms of Service and Privacy Policy shall be governed by the laws of the State of Montana.

    Montana Select Horse Sales LLC & its associates act as agents only and are not responsible for buyer/seller error or misunderstanding of consigned horse. All guarantees are strictly between the buyer and seller, this includes soundness of consigned horse. Montana Select Horse Sales, LLC is not responsible for misinterpretation of any horses consigned to any sale.

 

According to "MCA 27-1-725 to 27-1-728 the Montana equine activity liability act provides that it is the policy of the state of Montana that a person is not liable for damages sustained by another solely as a result of risks inherent in equine activities if those risks are or should be reasonably obvious, expected, or necessary to persons engaged in equine activities. Liability is not limited by this statute where the equine professional knowingly provided faulty tack or equipment, failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity, owns or otherwise is in lawful possession of the land or facilities upon which the participant sustained injuries because of a known, dangerous latent condition, or if he or she commits an act or omission that constitutes willful or wanton disregard for the safety of the participant or intentionally injures the participant".

 

Consignors/Sellers: 

  • If consigned horse is injured before/during the time of the auction there MUST be a vet release.
  • Consignor(s)/seller(s) MUST provide brand inspection upon submitting consignment form.  Copy of brand inspections must be email within 24 hours of consigning horse. Please have current brand inspection before consigning.
  • Consignor(s)/seller(s) MUST provide registration papers if horses is registered. Otherwise, horse will be sold as grade. Please email a copy of the registration papers.
  • When consigning a horse please include a reserve amount. Seller has the right to set a reserve, but once reserve is set, this cannot be changed.
  • Consignor agrees to let Montana Select Horse Sales LLC use pictures uploaded for advertising.
  • $200 + Surcharge catalog fee is non-refundable.
  • No - no sale fee.
  • 8% commission on selling price.
  • Seller agrees once horse is consigned to not privately sell before and/or during sale. 

Buyers:

  • Buyer is responsible for transportation of purchased horse. It is up to the consignor whether or not they will charge for boarding.
  • Post-Sale Care:
    Horses become the Buyer’s responsibility at the close of the auction. Buyers are advised to contact Seller and confirm that proper care is provided after the sale. Montana Select Horse Sales, LLC shall not be responsible in any manner for any post-sale care. 
  • Please DO NOT bid if you do not intend to buy.
  • 1% fee will be added to the total purchase price for wire transfer/ACH.
  • 3% fee will be added to total purchase price for credit card payment.
  • Invoices are due within 24 hours of end of sale.
  • Registration papers/transfers are buyers/seller responsibility to obtain in a timely manner.

Acknowledgments:

  • Please acknowledge that Montana Select Horse Sales LLC is not responsible for internet disruptions, glitches, software malfunction and has the right to continue, cancel, or suspend the auction.
  • Montana Select Horse Sales, LLC is not responsible for bidding errors. Please make sure if you are bidding to keep checking your email/notifications for change of bids.

Bidding Disputes:

If a dispute between or among two or more bidders, Montana Select Horse Sales, LLC will settle the dispute, and final decision shall be absolute between all parties. Montana Select Horse Sales, LLC has the right to reopen bids, solely between bidders claiming last bid. Sale is final when highest bid is achieved with no advanced bidding.