Terms & Conditions Last Updated October 18, 2024
CAUTION: BEFORE REGISTRATION TO ENTER OR BID YOU ARE STRONGLY ADVISED TO READ THE ONLINE TERMS AND CONDITIONS BELOW AND THE OBSONLINE CONDITIONS OF SALE AT https://online.obssales.com/obsonline-conditions-of-sale/ .

OBS ONLINE BIDDING TERMS AND CONDITIONS

1 Introduction
The Site is licensed to the Auctioneer and used under license by the Auctioneer and the Promoter online at times and for periods decided by them. Each Auction will list for sale one or more Hips. These Conditions will apply to all auctions and sales of horses conducted through the Site operated by the Auctioneer and shall be binding on each Bidder Each Bidder must register as a User to obtain bidding approval.
1.1 Acceptance Each User accepts these Conditions and agrees to comply with all applicable laws, statutes and regulations concerning the use of the Site and the Services provided by the Auctioneer.

2 Eligibility
2.1 Each User must be a minimum age of 18 to register and list to sell or bid on any Hip. Furthermore, each User must be able to enter into legally binding contracts. By registering each User warrants that he is 18 or older, has the capacity to enter into contracts and understands his obligations under these Conditions.
2.2 A User will not be eligible to use the Site if the Auctioneer has previously suspended or terminated the right of any User to use the Site or if that User has been denied credit by Ocala Breeders’ Sales and such suspension or termination is still in place.

3 Registration for Bidding
3.1 Each User can browse the Site at any time without registering. To register to bid and to create a Bidder ID and password each User must complete the online Registration Form and submit it to the Auctioneer by clicking on the “Register” link, and, by registering, each User confirms that he has read and accepted these Conditions as well as the Conditions of Sale for the current sale.
3.2 Each User agrees to ensure that all registration details are up to date and accurate and agrees to always maintain the currency of all details when necessary.
3.3 Each User warrants and undertakes to the Auctioneer that all the information supplied to the Auctioneer on his Registration Form is true and accurate, not misleading and relates to such User.
3.4 When registering to bid, User Authorizes Auctioneer to perform a credit investigation if Auctioneer deems it necessary to make judgement as to whether the User should be granted bidding privileges.
3.5 The Auctioneer reserves the right in its sole discretion to refuse any application to register and access the Services and to temporarily or indefinitely suspend any account.
3.6 As part of the registration process the Auctioneer may request proof of each User’s identity. A User cannot create an account or Bidder ID and password using the name and information of another person.
3.7 The Auctioneer and each User may give notices to other Users by sending the notice to the email address supplied by each User in his Registration Form.

4 Specific User Rules
4.1 Bidding Policies
4.1.1 All bids placed in this auction are final and binding. Once a bid has been placed it can’t be reversed. Before placing a bid, you must carefully review all information provided for each hip.
4.1.2 Anti Sniping Policy: When the bidding time on a hip is within two minutes of closing, any new bids placed will cause an additional two minutes of bidding time to be added to the closing time of the hip. This will repeat until there is only the high bid left during the bidding time window.
4.1.3 Bidding Increments for Timed Auctions are as follows:
Opening Bid/Current Price Bid Increments
$1,000 - $4,999 $200
$5,000 - $9,999 $500
$10,000 - $29,999 $1,000
$30,000 - $49,999 $2,000
$50,000 - $99,999 $5,000
$100,000 - $499,999 $10,000
$500,000 - $999,999 $25,000
$1,000,000 and higher $50,000
4.2 Bidder ID and Passwords
4.2.1 Each User is solely responsible for keeping his personal Bidder ID and password secure and confidential. Each User should not share, display, disclose or permit his Bidder ID or password to be disclosed to any other party.
4.2.2 Each User is responsible for use of the Services when access to the Services is obtained through the use of his Bidder ID and password whether authorized or unauthorized.
4.2.3 Each User agrees not to impersonate any other person or entity or use any false name or use any other person's Bidder ID and password to access the Services.
4.2.4 If a User believes that his Bidder ID and/or password has become known to another person or a User is aware of any other breach of security regarding the Services, then such User must notify the Auctioneer immediately.
4.2.5 The Auctioneer reserves the right to withdraw any Bidder ID and passwords at any time without notice and in its sole discretion including, but not limited to, where the Auctioneer has reason to believe that such Bidder ID and password have been discovered and/or used by any person or organization other an the correct User.
4.3 Acknowledgements
Once the user becomes a successful purchaser, he hereby purchases and promises to pay the Ocala Breeders’ Sales Co., Inc. the purchase price set forth for the horse. Payment to be made in accordance with the additional terms and conditions set forth below and in order to secure payment for the purchase price, the purchaser hereby grants Ocala Breeders’ Sales Co., Inc., its successors and assigns, a security interest in the horse and in the Jockey Club certificate and any other papers evidencing title identified by the Hip number set forth above and any other horses purchased at this sale or any other OBS sale and any proceeds and or produce therefrom. Purchaser acknowledges that the Ocala Breeders’ Sales Co., Inc. catalogue page or copy thereof upon which the above Hip number appears will be attached to this security agreement if filed and grants unto secured party that right. Said catalogue page is hereby incorporated by reference herein and secured party may further detail the description of the animal by adding the name, registration number and other information pertaining to said animal. Purchaser agrees to pay an additional .05% ($50 for every $100,000) of the purchase price for distribution to the Thoroughbred Aftercare Alliance (TAA) unless a written request to opt out is submitted to OBS prior to the sale. Purchaser acknowledges they are familiar with the “Conditions of Sale” as printed in the catalogue and/or posted on the OBS website and this purchase is subject to those conditions, the same being made a part hereof and incorporated by reference herein. The User with the winning bid agrees to be liable, jointly and severally with the purchaser if Ocala Breeders’ Sales Co., Inc. has not been provided a signed buyer’s authorized agent form granting purchase authority during this sale to the individual signing this agreement. The purchaser shall be in default under this agreement upon the happening of any of the following events or conditions:
4.3.1 Failure to pay the purchase price of the horse within 30 minutes of the conclusion of the sales session in which the horse is sold for the full purchase price including sales tax if applicable, unless purchaser’s financial responsibility shall have been approved in advance by Ocala Breeders’ Sales Company, Inc
4.3.2 Failure of purchaser, whose financial responsibility has been approved, to pay in full within fifteen (15) days of sale. 4.3.3 Injury, death, sale or encumbrance of the horse after the fall of the hammer or making any levy, seizure or attachment thereon or thereof.
4.3.4 Death, dissolution, termination of existence, insolvency, business failure, appointment of a receiver, of any part of the property of, assignment for the benefit of creditors, by, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against the purchaser. Upon such default and at any time thereafter, secured party shall have all of the remedies of a secured party under the Uniform Commercial Code as adopted in Florida. No waiver by secured party of any default shall operate as a waiver of any other default or of the same default on a future occasion. All obligations of the purchaser shall bind his heirs, executors or administrators or his or its successors or assigns. The purchaser shall be responsible for all costs, including attorney’s fees, incurred by Ocala Breeders’ Sales Co., Inc. in collection of amounts owing for horses purchased. This agreement shall be construed and interpreted exclusively according to the laws of Florida. Any reference to gender shall be deemed neutral. OTHER THAN THOSE LIMITED WARRANTIES EXPRESSLY STATED IN THE CONDITIONS OF SALE, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY SECURED PARTY OR CONSIGNOR AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY ANIMAL SOLD AND ALL ANIMALS ARE SOLD “AS IS”.
4.4 Breach of Rules The above list is not intended to be exhaustive. The Auctioneer reserves the right to amend or remove (with or without notice) content of the account of any User who in the absolute discretion of the Auctioneer determines that such content is in breach of these Conditions.
4.5 General Site Conditions
4.5.1 Suspension and Termination
4.5.1.1 The Auctioneer may, in its absolute discretion, determine to suspend or terminate the right of any User to use the Site or the Services. In the case of suspension, the Auctioneer, in its absolute discretion may determine as to when (or if) a suspended User will be reactivated.
4.5.1.2 Various clauses within these Conditions by their nature are designed to survive and continue after suspension or termination, and, such Conditions shall continue and survive after the suspension or termination of a User and profile. 4.5.2 Access: The Auctioneer shall take all reasonable steps to ensure that the Site is available and functioning fully at all times and each User must do likewise with his provider. User indemnifies the Auctioneer in the case of the Site being unavailable or functioning incorrectly. 4.5.3 Disclaimer 4.5.3.1 Transactions and all other contact between Users are conducted entirely at their own risk. Each User agrees that the Auctioneer take no responsibility or liability for any misconduct of any Users including, without limitation, Users that have registered under false names or using false pretenses, or, who attempt to defraud, or, mislead a User. The Auctioneer gives no representations, undertakings or warranties in relation to Hips sold or listed on the Site including, but not limited to, representations, undertakings or warranties that relate to:
4.5.3.1.1 ownership of any Hip;
4.5.3.1.2 fitness for purpose of any Hip;
4.5.3.1.3 defects or imperfections of any Hip;
4.5.3.1.4 the accuracy or truth of descriptions and parentage;
4.5.3.1.5 that any Hip, will meet a Purchaser’s requirements or expectations;
4.5.3.1.6 the ability of a Purchaser and a Consignor to complete a transaction;
4.5.3.1.7 the accuracy of any advertisements or listings;
4.5.3.1.8 the ability of the Consignor to sell any Hip;
4.5.3.1.9 the ability of the Purchaser to buy any Hip;
4.5.3.1.10 whether any transaction will actually be completed;
4.5.3.1.11 information provided by a Consignor with respect to any Hip listed for sale.
4.5.3.2 Each User expressly understands and agrees that:
4.5.3.2.1 Sole risk: his use of the Services is at his sole risk. The Site and Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, the Auctioneer disclaim and exclude all implied conditions or warranties, statutory or otherwise, including, but not limited to, any warranties of merchantability and fitness for a particular purpose to the maximum extent permitted by law.
4.5.3.2.2 Accuracy: the Auctioneer is not responsible for the accuracy of any content on the Site, nor any advertisements placed on the Site.
4.5.3.2.3 Links: the Auctioneer is not responsible for any links to third party websites from the Site and the inclusion of any link does not imply an endorsement of a third party Site by the Auctioneer.
4.5.3.2.4 Indemnity: Each User agrees to release, indemnify and keep indemnified the Auctioneer and its respective officers and employees from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, fines, fees or demands suffered or incurred by the Auctioneer to any person arising out of or in connection with a User’s failure to comply with these Conditions, his failure to complete a transaction, his use of the Auctioneer’s message boards, his sale or attempted sale of a Hip, or arising out of any content a User submits, posts, transmits or makes available through the Services.