19:00 Opening gates
20:00 Opening Ceremony
21:30 Start Auction
23:00 Live Music Performance
190 JUNE ROAD
NORTH SALEM, NY 10560 USA
From New York airport, (+/- 1 hour)
If you are booked in one of our hotels, we have arranged shuttles to and from the event. Don’t hesitate to reserve your spot!
Hotel Zero Degrees Danbury
Crowne Plaza Danbury
TEL: +1 203-794-0600
– Tal Milstein: +32 496 50 12 99
– Ilan Ferder: +1 818 571 2669
– Daniel Bluman: +1 954 621 8152
The auction horses will also be jumped on September 13th in the afternoon.
Riding the horses will be completely at your own risk.
Send your request
1.1 THE TEN, also known as THE TEN BVBA (“THE TEN”), shall organize an auction on the 13th of September 2019, on the property of the Old Salem Farm, 190 June Road, North Salem New York 10560 (the “Premises”).
1.2 These Terms and Conditions shall govern the relationship between THE TEN and bidders and buyers. All prospective buyers should read these Terms and Conditions carefully before bidding.
1.3 These Terms and Conditions are applicable to all sales concluded during the auction related to the horses offered via THE TEN, as well as any agreements resulting from that.
1.4 These Terms and Conditions are to be announced prior to the start of the auction and are also included in the auction catalogue.
1.5 Every effort has been made to assure correctness of the catalogue; however, THE TEN and auctioneer are not responsible for errors or omissions. All statements and corrections announced at the time of the auction shall supersede the catalogue.
- Sale; Auction; Bidding Procedure.
2.1 All bidders must be at least 18 years of age and must have in their possession written proof of age and identity.
2.2 The horses will be sold during the auction by bidding in U.S. dollars, with a minimum starting bid of $20,000.00. Bids are to be made in increments of $2,000.00 at a time up to $100,000.00, and above that bid increments are to be made in $5,000.00 at a time.
2.3 Potential bidders/buyers will be held to their bids until a higher bid has been received. The person making the highest bid shall be the buyer (“Buyer”). If the auctioneer awards a bid to a Buyer, the relevant Buyer is obliged to pay the amount due as set forth in Paragraph 3 below.
2.4 In case of doubt concerning the validity of a bid, the previous bid can be accepted again, after which bidding can resume. The auctioneer reserves the right to reject any or all bids. In the event of any disputes arising with or during the bidding process, the decision of the auctioneer shall be absolute, final and binding on all parties. THE TEN shall have no liability whatsoever for any such action taken by the auctioneer.
2.5 Title passes to Buyer at the fall of the hammer, at which time all risk and responsibility pertaining to the horse also passes to Buyer. Bids received after the fall of the hammer are not grounds for dispute.
2.6 The horse will be held for Buyer by THE TEN until Buyer makes settlement as provided in Paragraph 3 below, and THE TEN shall have no responsibility whatsoever with respect to the horse.
- Settlement of auction amounts and expenses
3.1 Immediately after fall of the hammer, Buyers are obliged to settle amounts due in the auction office and to execute a Contract of Sale.
3.2 If Buyer should fail to comply with this obligation, THE TEN may elect, in its sole discretion, to refuse to recognize the offer and to declare the auction invalid, after which the purchased horse will again be made available for auction or alternatively the purchased horse is to be allocated to the second highest bidder. Buyer shall in this event be considered to be in legal default and shall be liable to compensate THE TEN for any damage incurred, without prejudice to any other rights that THE TEN may have, as set forth in more detail at Paragraph 12 below.
3.3 The amount due from Buyer shall be calculated as follows: Auction price + 6% commission charge + any applicable sales tax. The entire balance, in full, shall be due immediately at settlement. Payment in full is to be made by bank transfer. Cash payment shall not be accepted.
3.4 THE TEN is entitled to gather information on the financial situation of a specific bidder/buyer to the auction and may decide to make an agreement with the relevant bidder/buyer conditional, based on the information obtained.
3.5 During settlement at the auction office, Buyers have the option to purchase insurance for the horse that they purchased.
- Auction Horses; Inspection
4.1 The horses offered in the auction are identified by origin, sex, color and year of birth, as stated in the catalogue. THE TEN excludes liability with regard to health status, the performance and/or purpose of use of the horses to be auctioned.
4.2 The horses sold through the auction have been found to have satisfactory radiographs on standard radiographic views. A standard clinical examination (for sport horses) has been completed no earlier than two (2) weeks prior to the auction.
4.3 Veterinary findings can be provided upon the request of potential buyers prior to the auction and a more detailed explanation can be provided by the auction veterinarian or his substitute.
4.4 Buyer acknowledges that Buyer has had the opportunity to inspect and examine each horse purchased or to be purchased, including arranging a tryout, in advance of the auction. Buyer is solely responsible for the sufficiency and completeness of Buyer’s inspection. Failure of Buyer to inspect or to sufficiently inspect a horse will be at Buyer’s risk.
- Release and transfer of risk and ownership
5.1 Immediately after the fall of the hammer, any risks related to the purchased horse shall be transferred to Buyer and any responsibility and liability, as well as all risk factors are transferred to Buyer. Buyer shall indemnify THE TEN from any claims brought by third parties as set forth in Paragraph 11 below.
5.2 Ownership of the purchased horse passes to Buyer at the time of release as defined in Paragraph 5.3 hereof, but not before Buyer has settled the full purchase amount and any other amounts due to THE TEN resulting from non-compliance.
5.3 Buyer is obliged to take possession of the purchased horse at the place and time as specified by THE TEN, or in the absence thereof, within the term defined in the auction catalogue and upon presentation of a valid identity document, if requested by THE TEN. Delivery of the purchased horse takes place by means of its release. Release consists of collection of the purchased horse by Buyer. Release may only take place after settlement of the purchase price in full and any other amount due by Buyer.
5.4 If Buyer should refuse release or if he/she should fail to provide information or instructions required for the release, THE TEN shall remove the purchased horse and keep it in the stables at the sole expense and risk of Buyer without liability whatsoever to THE TEN. Buyer shall then be obliged to compensate THE TEN for any and all costs and expenses incurred relative to the horse from the fall of the hammer, including stabling costs in any event.
THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS GIVEN BY THE TEN (OR ANY OF ITS OWNERS, EMPLOYEES, REPRESENTATIVES, AGENTS, SPONSORS OR INDEPENDENT CONTRACTORS), THE AUCTIONEER, OR ANYONE ELSE CONCERNING OR PERTAINING TO ANY HORSE OFFERED FOR SALE OR SOLD IN THIS SALE, INCLUDING, BUT NOT LIMITED TO, AS TO THE SOUNDNESS; CONDITION; SUITABILITY TO BE TRAINED, RACED OR BRED; PREGNANCY; BREEDING STATUS; BREEDING QUALITIES; FERTILITY; MERCHANTABILITY; FITNESS FOR ANY PARTICULAR PURPOSE; OR ANY OTHER QUALITY OR ATTRIBUTE OF ANY HORSE. ALL HORSES ARE OFFERED AND SOLD “AS IS” AND WITH ALL FAULTS AND DEFECTS. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. BUYER IS BOUND BY ALL ANNOUNCEMENTS FROM THE AUCTION STAND AND ALL STATEMENTS MADE IN ANY OFFICIAL THE TEN PUBLICATION.
THE TEN shall have the right, in its sole and absolute discretion, to refuse to make any announcement requested by any person, and THE TEN shall have no responsibility or liability for the refusal or failure to make any announcement, or for the timing or contents of any announcement made. Buyer acknowledges and agrees that there are numerous conditions, injuries, diseases, medical procedures, and other matters affecting horses for which no warranty is provided in these Terms and Conditions. The identity of the owner of any horse being sold is not warranted under these Terms and Conditions. The duties and obligations of THE TEN to buyers, bidders and all interested parties are strictly limited to those expressly imposed upon THE TEN by these Terms and Conditions. All other duties and obligations, including, but not limited to, any agency, fiduciary duties or other duties which might otherwise be imposed upon THE TEN by operation of law or otherwise, are hereby expressly disclaimed, waived and relinquished by buyer, bidder and all interested parties. Without limiting the generality of the foregoing, THE TEN is not an agent or fiduciary of any buyer, bidder or any interested party.
- Privacy Notice. Notice is hereby given to all participants that THE TEN may record any or all portions of THE TEN’s sales by video, audio or other means, which may be used by THE TEN in its sole discretion. By participating in the auction, all participants acknowledge and grant permission of being photographed, filmed or recorded to THE TEN.
- Security Interest. Buyer appoints THE TEN as Buyer’s attorney-in-fact to prepare, execute and file any Financing Statements or other documents necessary to perfect, enforce and give notice of the security interest created herein. Buyer agrees that THE TEN shall have all rights and remedies of a Secured Party pursuant to the Terms and Conditions and the Uniform Commercial Code or other applicable law. THE TEN may retain, and shall have a security interest in, all registration papers for horses bought by Buyer until Buyer’s accounts with THE TEN are paid in full.
- Limitation of Liability. THE TEN shall not be held liable for damage to persons or property arising prior to, during or after the auction, except if such damage is caused by intent or deliberate recklessness on the part of THE TEN or its subordinates.
- Indemnification. Buyer assumes all risk of injury, illness or death of the horse purchased, commencing from the fall of the hammer for the horse. Buyer releases, discharges, waives and relinquishes any and all claims, liabilities, damages or losses of any nature whatsoever Buyer has, may have or hereafter may have against THE TEN, and each of their respective directors, officers, partners, shareholders, owners, employees, representatives, agents, sponsors or independent contractors (jointly and severally, the “THE TEN Released Parties”) from, or arising out of, any description, identification, accident, sickness, disease, theft or death of any horse (and any in utero foal) purchased wherever or however the same may occur, including but not limited to, any description, identification, injury, accident, sickness, disease, theft or death by reason of or caused by, whether in whole or in part, any alleged negligent or grossly negligent act, omission or conduct by or of any of THE TEN Released Parties.
- Default. Should Buyer fail to comply with these Terms and Conditions, THE TEN may pursue any remedy available to it against Buyer, including but not limited to, bringing suit in court, taking possession of the horse and its registration papers, or reselling the horse at auction. In any case, Buyer shall be liable for any deficiency after charging to Buyer’s account all costs of maintenance and resale, including, but not limited to, service charges, attorney’s fees, costs of litigation, and damages available at law to THE TEN.
- Choice of Law; Jurisdiction; Venue
12.1 The rights and obligations of the parties with respect to these Terms and Conditions, the conduct of the auction and any matters related to any of the foregoing shall be governed by and interpreted in accordance with laws of the State of New York, excluding its conflicts of law rules.
12.2 All bidders and Buyers agree to the exclusive jurisdiction of the (i) state courts of the State of New York and (ii) the federal courts of the State of New York to settle all disputes arising in connection with all aspects of all matters or transactions to which these Terms and Conditions relate or apply.
- Entire Agreement; Severability. These Terms and Conditions and all notices contained in the Catalogue, Contract of Sale, any announcement from the auction stand authorized by these Terms and Conditions, and any official THE TEN publication shall constitute the entire agreement of THE TEN and Buyer, bidders, and all other interested parties with respect to the subject matter hereof and shall supersede all prior or concurrent agreements, understandings, warranties, representations and negotiations concerning the subject matter hereof. None of the Terms and Conditions set forth herein shall be modified or waived except in writing signed by THE TEN and the party affected thereby. THE TEN shall not be bound by any oral or written agreement between Buyer or anyone else purporting to modify or change these Terms and Conditions, unless THE TEN so agrees in a writing expressly stating that the writing is a modification or change of these Terms and Conditions. These Terms and Conditions, including headings of the paragraphs hereof, shall not be interpreted against THE TEN. If any provision or portion of these Terms and Conditions is held to be illegal or invalid, such illegality or invalidity shall not affect the remaining provisions or portions of these Terms and Conditions, and they shall be continued and enforced as if such illegal or invalid provision or portion had never been inserted herein.
- Time is of the Essence. Time is of the essence as to all of Buyer’s obligations under these Terms and Conditions, including, but not limited to, making payment, taking delivery and possession of horse(s), removing horse(s) from the Premises, and asserting any claims. THE TEN shall determine if a claim has been timely and properly made and that determination shall be final and binding, absent fraud or bad faith of THE TEN.