We also offer selling your horse on a commission base. Please find below the according terms and conditions that apply if you want us to sell you horse. It is the seller's responsibility to have read and understood these terms and conditions before entering into a verbal or written commission sales contract with Black Lightning Horses Inc.
The commission sales contract is between the horse owner and Black Lightning Horses Inc. as sales agent.
The consignment period is by default an open-ended period and runs until either the horse is sold or either party terminates the contract.
The sales agent has the exclusive right to sell the horse during the consignment period.
The sales agent handles all inquiries from prospective buyers about the horse.
The sales agent shows the horse to all prospective purchasers.
The horse owner must route all inquiries about the horse to the sales agent.
The horse owner and the sales agent agree upon an asking price which can be changed if they both agree to change it.
The horse owner is responsible to keep the horse fit for sale either by riding the horse themselves or paying for training.
The horse owner is responsible for paying for the board of the horse, lessons, training and coaching, vet and farrier costs, show and other competition fees. The horse owner also pays for all other expenses not specified.
If the horse owner wishes the horse to be shown at an appropriate level by the sales agent in order to further the sale, the horse owner is responsible for all show expenses including riding the horse at the show by the sales agent. The horse owner in turn is entitled to all of the horse’s show winnings.
The sales agent agrees to market the horse through his website, advertise it on appropriate internet platforms, take a video and pictures of the horse, groom the horse for viewings, ride or present the horse for potential buyers, provide the necessary purchase agreement in case of a sale. The sales agent pays for advertising and marketing costs, costs for photography and videography during the contract.
For these services listed above the sales agent gets a commission of 10% of the sales price (+ applicable taxes) in case of a successful sale.
In case the horse owner terminates the contract or breaches one of the terms and conditions which terminates the contract automatically the sales agent is entitled to charge the applying fees (+ applicable taxes) for services rendered during the course of the agreement (i.e. advertising and marketing costs, cost for photography and videography, time spent presenting the horse to potential buyers).
If the sales agent terminates the agreement, the sales agent forfeits their commission.
Upon termination of the contract the horse owner must pay all fees due to the sales agent before taking possession of the horse.
The sales agent has a lien on the horse for unpaid fees and can prevent the horse from leaving the property until paid in full.
The horse owner states that they are the sole lawful and registered owner of the horse.
The horse owner states that to the best of their knowledge the horse is currently healthy and sound and does not have bad habits, such as bucking, rearing, biting, cribbing, weaving etc.
The horse owner agrees to indemnify the sales agent if the sales agent is sued as a result of the consignment or sale of the horse, or anything damages that the horse might cause (e.g. somebody getting injured by the horse)
The sales agent can accept any unconditional offer to buy the horse, as long as the offer is at or above asking price.
For conditional offers, and offers below the asking price, the sales agent must convey those offers to the horse owner. Then, the horse owner and the sales agent must agree to accept, decline or present a counteroffer. If the sales agent and the horse owner can’t agree, the offer must be declined.
The horse owner enters into the purchase agreement directly with the horse buyer. This reduces the likelihood that the sales agent will be sued in connection with the horse sale, and it also allows the horse owner to see what the terms of the sale are.
The horse owner provides the sales agent with the horse’s registration papers, passport, registration transfer, etc.
The horse buyer pays by certified cheque or cash directly to the sales agent.
The sales agent must deliver the horse sale proceeds once to the horse owner within one week after the received funds have been cleared by the bank. The sales agent is entitled to deduct his commission and other outstanding fees including applicable taxes from the horse sale proceeds before delivery to the horse owner.
The sales agent is liable for injury to or death of the horse caused by the sales agent’s negligence or wilful misconduct.
The sales agent agrees to keep the horse at Black Lightning Horses Inc. and can not move the horse without the horse owner’s permission.
The sales agent agrees to provide an appropriate standard of care for the horse during consignment period.
The sales agent assumes the risk that they will be injured or killed by the horse.
The horse owner and the sales agent agree upon an asking price for the horse and the sales agent can not change it without the horse owner’s express permission.
Unless the sales agent is negligent or engages in wilful misconduct, the horse owner retains all risk of loss of or injury to horse.
Except for normal wear and tear, the horse owner agrees to pay for any damage that the horse may cause to the sales agent’s property or the facility where the horse is kept during the consignment.
Any changes to these terms and conditions have to be done in writing and signed by both parties.
