Auction Terms & Conditions
The official rules governing all auctions on Pone Horses. Please read carefully before bidding.
IMPORTANT LEGAL NOTICE
These Terms & Conditions constitute a legally binding contract. By registering to bid, placing a bid, or purchasing a horse through Pone Horses (“we,” “us,” “our”) at auction, you (“Bidder,” “Buyer,” “you”) agree to be bound by all conditions herein. These Terms override any prior communications. Bidding constitutes acceptance of these Terms.
Complete Auction Terms
1. Registration & Eligibility
To participate in any Pone Horses auction, you must register on our website with accurate, complete, and current personal information. You warrant that you are at least 18 years old and legally capable of entering into binding contracts.
A non-refundable registration deposit is required to activate bidding privileges. This deposit secures your intent to bid seriously and will be applied as follows:
| Auction Type | Deposit Amount | Purpose | Forfeiture Condition |
|---|---|---|---|
| Standard Monthly Auction | R1500 – R2000 | Registration & Bidding Security | If you win but fail to arrange payment/collection |
| Premium/Exotic Auction | R2000 – R2500 | Registration & Bidding Security | If you win but fail to arrange payment/collection |
“No Show” Fee
If you win a bid but fail to complete payment and arrange collection within the specified timeframe, your deposit will be forfeited in full as a “No-Show Fee.” This fee compensates for administrative costs and lost opportunities for other bidders.
We reserve the right to refuse or cancel any registration at our sole discretion without providing reasons. This includes instances where we suspect fraudulent activity, previous breach of terms, or inability to fulfill payment obligations.
2. Bidding Process & Contract Formation
Placing a bid constitutes a legally binding offer to purchase the horse at that price. You are personally liable for payment, even if acting as an agent for another party. Retracting a bid is not permitted once placed.
The auctioneer (our representative) has absolute and final discretion to:
- Settle any bidding disputes
- Reject or refuse bids without explanation
- Withdraw lots before or during bidding
- Reoffer items in case of dispute or error
- Determine the winning bidder
The contract of sale between the Buyer and the Seller (which may be Pone Horses or a third-party consignor) is formed at the fall of the virtual hammer or close of bidding on our platform. Title and risk pass to the Buyer at this moment.
Winning Bid Notification
Winning bidders will receive an automated email notification immediately after the auction closes, followed by a formal invoice within 24 hours. It is your responsibility to ensure your contact information is current and to check your email after auction close.
3. Payment Terms
The Buyer must pay the Hammer Price plus the Buyer’s Premium and any applicable taxes or fees. The total due will be itemized on your invoice.
A Buyer’s Premium of 13% is added to the hammer price. For example:
- Hammer Price: R10,000
- Buyer’s Premium (13%): R1,300
- Total Due: R11,300
This premium covers platform costs, transaction processing, and administrative services.
Payment Deadline
Full payment is required within 48 hours of auction close. Extensions may be granted at our discretion with prior written agreement.
Accepted Methods
We accept major credit/debit cards and bank wire transfers. Invoices over R50,000 or international purchases typically require wire transfer for security.
Currency
All transactions are in South African Rand (ZAR) unless otherwise specified. International buyers are responsible for any currency conversion fees.
Failure to pay in full within the specified timeframe constitutes a material breach of contract. In such cases, we may:
- Cancel the sale and offer the horse to the next highest bidder
- Resell the horse by any means and charge you for any financial shortfall
- Charge reasonable storage fees until payment or resale
- Pursue you for all costs incurred, including legal fees
- Forfeit your registration deposit in full
- Suspend or terminate your bidding privileges
4. Conditions of Sale for Horses
Critical Buyer Understanding
This section outlines the fundamental principles governing horse sales at our auctions. Please read carefully as it affects your rights and responsibilities.
| Condition | Buyer’s Acknowledgment | Seller’s Disclosure |
|---|---|---|
| “As Is” Sale | All horses are sold “as is, where is,” with all faults. Descriptions, media, and veterinary information are provided in good faith as guides, not guarantees. | We make every effort to provide accurate information, but the ultimate responsibility for inspection lies with the Buyer. |
| Health & Veterinary | A pre-sale veterinary certificate conducted within 14 days of auction will be provided. Blood samples may be taken and retained. | X-rays and other diagnostic materials are made available but do not constitute a warranty of fitness for any particular purpose. |
| Limited Warranty | A specific warranty against certain conditions (wind sucking, crib-biting, cryptorchid) may apply as stated in individual lot descriptions. | Any complaint must be made in writing within 14 days of auction close to our Guarantees Department. |
| Post-Sale Inspection | Buyers may request a post-sale veterinary re-examination by our nominated vet before taking delivery, at their own expense. | This inspection must be arranged within 48 hours of auction close and completed within 7 days. |
While we provide comprehensive health checks through our 10-step approval process, auction purchases are subject to specific limitations:
- The health guarantee covers only conditions not reasonably detectable in a pre-sale examination
- Conditions arising from transport stress or climate adaptation are subject to separate terms
- All claims require examination by a veterinarian approved by Pone Horses
- The guarantee is void if the horse receives treatment from an unapproved veterinarian before claim submission
5. Collection, Shipping & Risk
The Buyer is solely responsible for all shipping, logistics, insurance, and associated costs from the moment the sale is confirmed. Horses must be collected within the timeframe specified in the auction details (typically 7-14 days).
As a value-added service, we can manage the entire international shipping process on the Buyer’s behalf. This includes:
All shipping services are provided at the Buyer’s cost and require a separate shipping agreement.
Horses not collected within the specified timeframe may incur daily stable/boarding fees at prevailing rates. After 30 days of non-collection, we reserve the right to resell the horse to recover costs, with any excess (after deducting fees and costs) returned to the original Buyer.
6. Platform & Intermediary Role
Pone Horses acts in one of two capacities:
- As the Seller: For horses owned by Pone Horses or the Herman family
- As the Agent: For third-party consignors (breeders we know personally and have verified)
In either case, these Terms govern the auction process and the relationship between all parties.
When acting as an agent for third-party consignors:
- Our liability is limited to facilitating the sale in good faith
- The contract of sale is directly between the Buyer and the third-party Seller
- We are not a party to disputes regarding a horse’s description or condition
- We will assist in mediation but have no liability for seller misrepresentations
7. General Provisions
We are not liable for:
- Internet failures, bidding errors, or system glitches
- Inaccurate descriptions provided by third-party sellers
- Acts or omissions of shipping providers
- Consequential or indirect damages arising from any transaction
Our total liability to any Buyer is limited to the Buyer’s Premium paid in that transaction.
These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes shall be subject to the exclusive jurisdiction of the courts of South Africa.
We reserve the right to amend these Terms at any time. The version in effect at the time of registration applies to that auction. Continued use of our auction platform constitutes acceptance of any amendments.
Key Deadlines Summary
| Action | Deadline | Method | Consequence of Missed Deadline |
|---|---|---|---|
| Registration Deposit | Before bidding | Via website payment portal | Cannot bid |
| Full Payment | Within 48 hours of auction close | Card or wire transfer | Sale cancellation + deposit forfeiture |
| Health Complaint Submission | Within 14 days of auction close | In writing to Guarantees Department | Forfeit right to claim |
| Collection Arrangement | Within 7 days of payment | Contact Shipping Department | Daily storage fees apply |
| Post-Sale Inspection Request | Within 48 hours of auction close | Email to auction team | Forfeit inspection right |
Important Definitions
The final bid amount at which a horse is sold, before addition of the Buyer’s Premium or any taxes/fees.
An additional percentage (13%) added to the hammer price, payable by the Buyer as part of the total purchase price.
The forfeiture of the registration deposit when a winning bidder fails to complete payment and collection arrangements.
A sale where the horse is sold in its present condition, with all faults, and the Buyer assumes all risks associated with the purchase.
A third-party seller who places a horse for sale in our auction through an agency arrangement with Pone Horses.
Acceptance of Terms
By registering to bid, you acknowledge that you have read, understood, and agree to be bound by these Auction Terms & Conditions in their entirety. You further acknowledge that you have had the opportunity to seek independent legal advice regarding these Terms.