For Buyers
GENERAL TERMS & CONDITIONS
Sugar Creek LLC
If you do not agree with these Terms, do not use our Service.
PLEASE READ BEFORE MAKING A BID – By making a Bid you confirm that you will abide by these Terms and Conditions of Sugar Creek Auctions. You will be bound by these Conditions whether, or not, you have read them.
1. PURPOSE. The purpose of these Terms and Conditions is to: a) establish sale procedures; b) facilitate informed bidding; c) provide for orderly settlement of 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. If you are dissatisfied with any portion of the website or the associated services, your sole remedy is to cease using them.
3. RESERVE AUCTION: This is a Reserve Auction. All horses entered will have a reserve bid unless otherwise notated. All registered bidders are eligible to bid. The high bidder at the end of each auction, if the reserve has not been met, will have the first opportunity to meet the reserve.
4. REFUSAL OF SERVICE: Sugar Creek LLC 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 Sugar Creek LLC; c) to make any sale transaction for this entry through Sugar Creek LLC; d) that if he/she has the winning, final bid, or accepted bid in auction subject to Seller Confirmation, 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, 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. Sugar Creek staff may assist sellers in the pedigree research of an entry including but not limited to significant bloodline relationships. Seller and Buyer agree to hold Sugar Creek 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 catalog: 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. Buyer agrees to hold Sugar Creek LLC harmless from any claims arising out of any such inaccuracies or omissions.
In the event that a horse is rejected due to Seller’s failure to disclose conditions as required by Paragraph 7, Seller shall be responsible for arranging and paying for return transportation of the horse. Additionally, Seller shall be responsible for paying Sugar Creek LLC the commission on the sale of the horse.
Buyer agrees to hold Sugar Creek LLC harmless from any claims arising out of any such inaccuracies or omissions.
8. BUYER’S RIGHT TO LIMITED POST-PURCHASE EXAMINATION: Buyer has the right to have a licensed veterinarian perform a limited post-purchase examination, at Buyer’s expense, to determine if any of the issues in Condition 8 of the Consignment Contract were not disclosed. The examination must be done within five (5) business days from the end of the auction and before the horse leaves the Seller’s facility. This examination will be limited to moving the horse for soundness on riding horses or show horses of any type and checking the reproductive tract on breeding horses. Positive reaction to flexion tests and hoof testers does not constitute unsoundness, if the horse is moving sound. These tests should be a part of a pre-purchase examination.
A horse sold with one or more of the issues described in Condition 7, which was not disclosed at the time of sale, can be rejected by Buyer upon the following conditions:
a) Sugar Creek LLC’s receipt of a statement from a licensed veterinarian establishing the existence of the undisclosed condition;
b) within five (5) business days of the end of the auction; and
c) before the horse leaves the Seller’s facility.
If a sale is rejected, the horse will remain the property of Seller.
9. NO IMPLIED WARRANTIES: There is no warranty expressed or implied by Sugar Creek 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 Sugar Creek LLC and be stated in the description and disclosed in the online sale catalog. Buyer has the right to have a licensed veterinarian draw a blood sample prior to the auction or within three (3) business days of 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 after the horse leaves the Seller’s facility, the entry can be rejected by Buyer and returned at Seller’s expense. Notification of a claim by Buyer under this Condition must be made to Sugar Creek LLC within seven (7) days of the date of the sale, by a written statement from a licensed veterinarian, explaining the diagnosis of any unsoundness or explaining the behavior problem and how the drug(s) found in the drug screen could mask the unsoundness or behavior problem. Any net funds for the horse in the possession of Sugar Creek LLC will be held pending the results of the blood screen and the veterinarian’s written statement.
11. TRANSPORTATION FROM SELLER TO BUYER: Seller is responsible for the cost and arrangements for transportation of the horse from Seller to Sugar Creek. Immediately after the end of the auction, Seller shall contact Sugar Creek to schedule delivery for the horse to Sugar Creek for Buyer Pick Up.
12. RELEASE OF HORSE TO BUYER: Sugar Creek shall not release a horse to the Buyer until Buyer has made full payment for the horse and funds have been verified. Once bidding concludes, and Sugar Creek LLC has collected payment from the Buyer, Sugar Creek LLC will send to Seller a Buyer Confirmation.
13. RISK AND RESPONSIBILITY FOR HORSE: Buyer assumes all risk, responsibility and expense for the horse at the end of bidding. Title passes to Buyer upon completion of payment. Seller agrees to provide basic board and care for horse up until seller delivers horse to Sugar Creek 481 Snell Rd. Shelbyville TN 37160. Buyer will be responsible to pay for board, at a cost of normal board charges of Sugar Creek, plus any other expenses that may be required to maintain the horse until Buyer takes possession or has the horse picked up from Sugar Creek. Sugar Creek LLC recommends 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, places his/her bidder number in the bid field, or makes a gross error, Buyer must immediately contact the Sugar Creek LLC office by email at david @sugarcreekllc.com with a written request to reverse the bid and the reasons for the request. Please be advised that Sugar Creek LLC may not be able to reverse a Buyer’s bid in which case Buyer will remain the high bidder. Sugar Creek LLC will not reverse bids that have caused another bidder to be outbid. If Buyer bids on the wrong horse, Sugar Creek LLC will not reverse that bid. Please make sure to immediately review all bids. Sugar Creek LLC will not reverse bids after the auction has begun to close. There will be NO exceptions.
15. PAYMENT BY BUYER: Once bidding is closed, an invoice will be emailed to Buyer. Payment in full must be made within three (3) business days after the sale is closed. Payment must be made to Sugar Creek LLC for all sales. ALL SALES ARE FINAL. Payment may be made in the form of MasterCard, Visa, or American Express credit cards, cash, or bank wire transfer.
In no case may any part of the purchase price be paid directly to the Seller by the Buyer, as such payment shall not be valid or entitle the buyer to obtain the horse.
16. DEFAULT ON PURCHASE: If Buyer fails to pay for the horse in accordance with the terms of Paragraph 15 above, Sugar Creek LLC or Seller shall have the right to re-sell the horse or bring legal action, in which event Buyer agrees to pay all cost of such suit together with reasonable attorney’s fees as awarded by the court. In the event of re-sale, the defaulting Buyer agrees to pay all costs of re-sale, including board and charges for care of horse, and price deficiency, if any. Buyer further agrees to pay any deficiency in the commission and transaction fee, if any. Interest of 1-1/2% per month will be charged on the unpaid balance.
Defaulting Buyer expressly agrees to allow Sugar Creek LLC to publish his/her name as a defaulting buyer without restriction.
17. PRIVATE SALES: Once a Seller lists a horse with Sugar Creek LLC, private sales before 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 sells an entry prior to the opening of bidding for the auction and fails to make the sale transaction through Sugar Creek LLC, Seller agrees to pay Sugar Creek LLC a commission of 10% (ten percent) of the actual selling price, in addition to the consignment fee.
(b) If Seller withdraws an entry after listing a horse with Sugar Creek LLC and sells to a customer who is a registered bidder, has a login account, or a customer who is generated by Sugar Creek LLC, Seller agrees to pay Sugar Creek LLC a commission of 10% (ten percent) of the actual selling price, in addition to the consignment fee.
(c) If Seller does not sell an entry in the auction, but within 30 days of the close of the auction sells to a customer who is a registered bidder, has a login account, or a customer who is generated by Sugar Creek LLC, Seller agrees to pay Sugar Creek LLC a commission of 10% (ten percent) of the actual selling price, in addition to the consignment fee.
18. REGISTRATION PAPERS: All registration papers will be held by Sugar Creek LLC and mailed to the Buyer no later than 21 days following the close of the auction if available.
19. UNREGISTERED ENTRIES or ENTRIES SOLD WITH NO PAPERS: There is no guarantee of pedigree or breed for entries sold without papers or as unregistered.
20. COGGINS REPORT: Seller must provide a copy of a Negative Coggins Report drawn within 11 months prior to the end of the auction.
21. 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.
22. BROODMARES: All mares selling as bred, must be checked for pregnancy by a licensed veterinarian within ten (10) days prior to listing for a sale and a statement of results of this examination must be provided to Sugar Creek LLC. 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 Sugar Creek. Any broodmare so examined whose pregnancy status is found not to be as represented in the online sale catalog, 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 sale catalog, 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 Sugar Creek LLC, or 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.
23. NO GUARANTEE OF SERVICE: Sugar Creek LLC, and sugarcreekllc.com/auctions do not guarantee or covenant that the Auction technology, the sugarcreekllc.com/auctions site or any related services will meet Buyer’s or Seller’s requirements or be uninterrupted or error-free. Sugar Creek LLC and sugarcreekllc.com/auctions does not guarantee real-time performance of any service or that it will execute all online or absentee bids.
24. PROHIBITED CONDUCT: Sugar Creek LLC, at its sole discretion, may ban from further use, any Buyer or Seller who Sugar Creek 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 Sugar Creek LLC. 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.
25. WITHHOLDING FUNDS: Buyer agrees that Sugar Creek LLC shall not be required to remit to Seller or Buyer, the net proceeds of the sale of any entry which is the subject of a dispute or claim by the Buyer, for misrepresentation, fraud, or breach of warranty, until such dispute or claim is resolved and the proceeds of the sale have been received by Sugar Creek LLC. The responsibility to resolve such a dispute or claim lies between the Seller and the Buyer. Notwithstanding any other provision hereof, should a dispute arise between the Seller and the Buyer, Sugar Creek LLC may retain its fees and costs and may hold in escrow the balance of any proceeds of sale in its possession, as well as any titles or registration papers, pending a resolution of the dispute. Any and all legal fees and costs incurred by Sugar Creek LLC may be deducted by Sugar Creek LLC from the net proceeds of sale still in their possession. Otherwise, the Seller and Buyer shall be jointly and severally liable for the same upon demand.
For Sellers
ENTRY CONTRACT
Sugar Creek LLC
PLEASE READ BEFORE MAKING AN ENTRY– Print a copy of this contract when you make an 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 Sugar Creek LLC (hereinafter referred to as Sugar Creek LLC) 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 Sugar Creek LLC). Seller agrees to make any sale transaction for this entry through Sugar Creek LLC.
2. FEES: Seller agrees to pay Sugar Creek LLC the applicable fees for this entry. Sugar Creek LLC will deduct any unpaid fees from the Seller’s Sugar Creek account before distributing proceeds to Seller.
• ENTRY FEE will be earned by Sugar Creek LLC on submission of this entry. Entry Fees are non-refundable. UNLESS WAIVED BY SUGAR CREEK are Paid with submission of entry, unless otherwise arranged with Sugar Creek LLC. $100 Entry Fee
• COMMISSION: 10% (ten percent) of the selling price, in addition to the consignment fee.
• SALE PRIOR TO BIDDING OPENING: Seller agrees to make any sale transaction for this entry through Sugar Creek LLC. If Seller sells this entry prior to the opening of bidding for this auction and fails to make the sale transaction through Sugar Creek LLC, Seller agrees to pay Sugar Creek LLC a commission of 10% (ten percent) of the actual selling price, in addition to the consignment fee.
• SALE AFTER BIDDING OPENING: Seller agrees to make any sale transaction for this entry through Sugar Creek LLC. Seller further agrees not to sell or withdraw the entry after bidding opens.
• POST AUCTION SALE: If Seller does not sell this entry in the auction, but later sells it to a customer generated by the sale, Seller agrees to pay Sugar Creek LLC a commission of 10% (ten percent) of the actual selling price.
• WITHDRAWAL: Consignment 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 Sugar Creek LLC, in which case only the consignment fee will be due to Sugar Creek LLC.
• WITHDRAWAL FROM THE SALE for any reason not in accordance with this Condition, is subject to a withdrawal fee, in addition to the consignment fee, which will be the greater of $500.00 or 10% (ten percent) of either (a) the actual selling price of the entry as verified with the buyer, or (b) in the event actual selling price is not provided to Sugar Creek LLC within 10 days of the withdrawal,10% (ten percent) of the value of the entry as determined by Sugar Creek LLC.
• UNPAID FEES: If there is a deficit in Seller‘s account, Seller agrees to pay Sugar Creek LLC the balance due immediately. Interest of 1-1/2% per month will be charged on the unpaid balance. A fee of $25.00 will be charged on returned checks for sale fees.
• 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 Sugar Creek LLC A $50.00 charge is made for each substitution.
• VIDEO FEE – For videos that are not online, send us the video files and we can create a sugarcreekllc.com/auctions branded video and upload it to youtube for $15 per video.
3. PAYMENT TO SELLER: Sugar Creek LLC AGREES TO MAIL CHECKS TO THE CURRENT OWNER FOR THEIR ENTRY NOT EARLIER THAN TEN (10) BUSINESS DAYS NOR LATER THAN FIFTEEN (15) BUSINESS DAYS FROM THE DATE THE AUCTION ENDS OR FULL PAYMENT HAS BEEN VERIFIED AND FUNDS CLEAR THE BANK, whichever is later. Payment will be made to Seller, as stated above, providing all registration and health papers are in order, or the purchaser has not failed to pay for the entry for any reason, or the sale of the entry is not in dispute. Seller agrees that if the sale of any entry is not consummated by reason of default of the buyer or otherwise, Sugar Creek LLC shall not be liable for the payment or collection of the purchase price or for the return of the entry. In the event a purchaser fails to pay for and receive an entry for which they placed the final bid, Sugar Creek LLC shall not be held liable for said sale, but shall have the right to accept the same amount from another person, accept the next highest bid or put the entry up for sale again. Seller expressly agrees to release the entry to the buyer upon receipt of the Confirmation of Payment notification.
4. MINIMUM OPENING BID or Upset Price. The minimum opening bids for this auction is $750 or higher as determined by Sugar Creek LLC.
5. SELLING OPTIONS: • Sell with NO RESERVE Entry will sell to the highest bidder at or above the opening bid. • Sell with an undisclosed Minimum, or Reserve, Price: Minimum Price not posted. The Seller determines the lowest bid that will be accepted.
If the final bid in the auction is below the reserve bid, the entry is not sold and is retained by the seller. Sugar Creek will contact seller before the end of their entry’s auction to confirm sellers’ minimum price to sell entry.
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: Sugar Creek LLC 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 sale catalog: 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 repsonsible for providing curreent photos of the entry. 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 Sugar Creek LLC harmless from any claims arising out of any such inaccuracies or omissions.
9. SUGAR CREEK LLC DOES NOT GUARANTEE PAYMENT BY THE ONLINE BIDDER. Due to the nature of the electronic transaction Sugar Creek LLC cannot guarantee the validity or performance of an internet bidder. Seller understands that Sugar Creek LLC 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 “WITH PAPERS” or Registration Pending. When a TRANSFERRABLE, Breed Registry Passport, Registration Certificate or Recording Certificate is provided to Sugar Creek LLC Seller will only then have met the registration papers requirement to be paid for the sale. Seller agrees to send Registration Papers to Sugar Creek LLC. Seller agrees that under no circumstances will the registration papers be delivered directly to Buyer or Buyer’s representative.
11. DELIVERY OF ENTRY/COGGINS REPORT: Entry must be delivered to Sugar Creek 481 Snell Rd. Shelbyville, TN 37160 at end of auction. Delivery to Sugar Creek will be arranged by seller with Sugar Creek and cost will be the responsibility of Seller. 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 a sale and a statement of results of this examination must be provided to Sugar Creek LLC. 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 Sugar Creek. Any broodmare so examined whose pregnancy status is found not to be as represented in the online sale catalog, 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 sale catalog, 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 Sugar Creek LLC, or 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. PRIVATE SALES: Once a Seller lists a horse with Sugar Creek LLC, private sales before 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 sells an entry prior to the opening of bidding for the auction and fails to make the sale transaction through Sugar Creek LLC, Seller agrees to pay Sugar Creek LLC a commission of 10% (ten percent) of the actual selling price, in addition to the consignment fee. (b) If Seller withdraws an entry after listing a horse with Sugar Creek LLC and sells to a customer who is a registered bidder, has a login account, or a customer who is generated by Sugar Creek LLC, Seller agrees to pay Sugar Creek LLC a commission of 10% (ten percent) of the actual selling price, in addition to the consignment fee. (c) If Seller does not sell an entry in the auction, but within 30 days of the close of the auction sells to a customer who is a registered bidder, has a login account, or a customer who is generated by Sugar Creek LLC, Seller agrees to pay Sugar Creek LLC a commission of 10% (ten percent) of the actual selling price, in addition to the consignment fee.
14. HALTER: Seller is REQUIRED to provide a new or serviceable halter
15. 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 Sugar Creek LLC. Buyer’s and Seller’s information will be used by Sugar Creek LLC to contact Buyer and Seller and for record keeping. Sugar Creek 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 Sugar Creek LLC to share contact information with it’s sponsors. In the future, Sugar Creek LLC may use email lists to contact Buyers and Sellers.
Sugar Creek LLC may do custom email promotions for customers, advertisers or organizations. If Buyer or Seller wishes to discontinue receiving these emails, please contact our office.
SMS Text Messages: By creating an account or registering as a bidder or a seller for any auction, all parties agree to the use of their information by Sugar Creek LLC and their marketing associates. SMS Messaging will used to respond to requests, to send information to bidders, buyers and sellers.
28. REFUNDS: In the event that a refund or partial refund is made to Buyer for the purchase price of an entry, the refund shall be made in the same manner that payment was made.
29. APPLICABLE LAW: These Terms and Conditions shall be governed by the laws of the State of Tennessee.
30. BINDING ARBITRATION: BY VIRTUE OF THE FOLLOWING ARBITRATION PROVISIONS, ALL SELLERS AND BUYERS, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT THAT THEY MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION ARISING FROM OR CONNECTED WITH THE PURCHASE OR SALE OF A HORSE AND THE USE OF SUGAR CREEK LLC’S WEBSITE AND AUCTION SERVICES.
A. Claims involving Buyer and Seller: Any dispute or controversy between Buyer and Seller that cannot be resolved informally by agreement, shall be settled finally, completely and conclusively by binding arbitration, by an arbitrator chosen in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Arbitration shall be initiated by submitting a Demand for Arbitration to the American Arbitration Association, which can be found at www.adr.org. The arbitration shall take place in Bedford County, Tennessee unless mutually agreed otherwise. A decision of the arbitrator shall be final, conclusive and binding on the parties, and judgment may be entered thereon to enforce such decision and the benefits thereof. Any arbitration held in accordance with this paragraph shall be private and confidential, and no person shall be entitled to attend the hearings except the arbitrator, the stenographer (if one is requested), the parties and the attorneys for the parties and/or representatives designated by the parties. The matters submitted for arbitration, the hearings and proceedings thereunder and the arbitration award shall be kept and maintained in strictest confidence by the parties and shall not be discussed, disclosed or communicated to any person except as required by law or as necessary to enforce rights thereunder. On request of any party, the record of the proceeding shall be sealed and may not be disclosed except insofar, and only insofar, as may be necessary to enforce the award of the arbitrators and any judgment enforcing such award. In the arbitrator’s discretion, the prevailing party shall be entitled to recover reasonable and necessary attorney fees and the costs of arbitration from the non-prevailing party. Should Buyer prevail in the arbitration of a dispute and thereafter wish to return the horse and receive a refund, all fees associated with the sale become immediately due and payable to Sugar Creek LLC from Seller. If Buyer gives notice of a dispute hereunder or refuses to pay for a horse because of a claim of misrepresentation, fraud or failure to disclose any of the specified conditions set forth in Paragraph 8 above, Sugar Creek LLC, in its sole discretion, may elect not to pay Seller the net proceeds of the sale of the horse(s) in question until the claim has been finally resolved and the proceeds of the sale have been received by Sugar Creek LLC. Should a party fail or refuse to cooperate upon a demand for arbitration, the non-cooperative party shall be declared the defaulting party by the arbitrator.
B. Claims Involving Sugar Creek LLC: If a dispute should arise between Seller and Sugar Creek LLC or Buyer and Sugar Creek LLC, all claims, disputes, controversies, differences or other matters in question arising out of Sugar Creek LLC’s relationship to any party in the matters stated in these Terms and Conditions and all other matters in which Sugar Creek LLC has provided any type of services at any time, whether or not those matters are encompassed within this document (including, but not limited to compensation for fees, expenses and/or commissions) shall be settled finally, completely and conclusively by binding arbitration in Bedford County, Tennessee, by a single arbitrator chosen in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Sugar Creek LLC reserves its right to seek all legal and equitable remedies, including but not limited to civil or criminal judicial relief, in order to enforce or foreclose its security interest, to recover horses sold and not paid for in full and/or collect payment for horses. Arbitration shall be initiated by submitting a Demand for Arbitration to the American Arbitration Association, which can be found at www.adr.org. A decision of the arbitrator shall be final, conclusive and binding on the parties, and judgment may be entered thereon to enforce such decision and the benefits thereof. Any arbitration held in accordance with this paragraph shall be private and confidential, and no person shall be entitled to attend the hearings except the arbitrator, the stenographer (if one is requested), the parties and the attorneys for the parties and/or representatives designated by the parties. The matters submitted for arbitration, the hearings and proceedings thereunder and the arbitration award shall be kept and maintained in strictest confidence by the parties and shall not be discussed, disclosed or communicated to any person except as required by law or as necessary to enforce rights thereunder. On request of any party, the record of the proceeding shall be sealed and may not be disclosed except insofar, and only insofar, as may be necessary to enforce the award of the arbitrators and any judgment enforcing such award. The prevailing party shall be entitled to recover reasonable and necessary attorney fees and the costs of arbitration from the non-prevailing party.
31. 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 Sugar Creek LLC from any and all liability, debt, claims, suits, losses, damages, causes of action, judgments, costs and expenses, including attorney fees, incurred by Sugar Creek LLC as a result of Seller’s misrepresentation(s) and/or failure(s) to disclose.
32. LIMITS OF LIABILITY: Sugar Creek 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 Sugar Creek LLC for all claims, damages, or losses resulting from Buyer’s or Seller’s use of Sugar Creek LLC’s website or auction services, shall not exceed the amount of funds held by Sugar Creek LLC for the sale of a horse. Sugar Creek LLC reserves the right to reject or void bids, whether winning or not, that Sugar Creek LLC deems not to have been made in good faith, or that are restricted, prohibited, or taxed due to local laws. Sugar Creek 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. Sugar Creek LLC reserves the right to reopen bidding on any disputed bids or ties. Sugar Creek LLC reserves the right to postpone or cancel a sale without notice, if determined in our discretion that such action is appropriate. Sugar Creek LLC will neither have the liability nor obligation to the intended bidders as a result of any withdrawal, cancellation, or postponement of sale.
33. PUBLICATION OF SALE RESULTS: Buyer and Seller agree that Sugar Creek LLC may publish sale results.
34. ADDITIONAL TERMS AND CONDITIONS: The Terms and Conditions for the use of sugarcreekllc.com/auctions and Sugar Creek 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.
35. 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 Sugar Creek LLC, Seller and Buyer rely on hardware and software that may malfunction without warning.
36. NO AGENCY: Buyer, Seller and Sugar Creek 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.
37. 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 Sugar Creek LLC. Buyer’s and Seller’s information will be used by Sugar Creek LLC to contact Buyer and Seller and for record keeping. Sugar Creek 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 Sugar Creek LLC to share contact information with it’s sponsors. In the future, Sugar Creek LLC may use email lists to contact Buyers and Sellers.
Sugar Creek LLC may do custom email promotions for customers, advertisers or organizations. If Buyer or Seller wishes to discontinue receiving these emails, please contact our office.
SMS Text Messages: By creating an account or registering as a bidder or a seller for any auction, all parties agree to the use of their information by Sugar Creek LLC and their marketing associates. SMS Messaging will used to respond to requests, to send information to bidders, buyers and sellers. Text STOP to Opt Out
38. 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.