Terms and Conditions

Last updated: February 26, 2026

Please read these terms and conditions carefully before registering or placing a bid on Pony Up Auctions.

GOVERNING LAW – Pony Up Auctions is a trade name of and is operated by NEIN, LLC, an Indiana company. All transactions and disputes are governed by Indiana law.
LIMITATION OF LIABILITY – Pony Up Auctions is an independent contractor regularly engaged in the business of conducting online timed consignment sales and is recognized as “sale management”. These sales provide a public means via online timed auctions, to bring together a seller and a buyer for the purpose of completing the sale of a specified item. Pony Up Auctions holds no ownership interest in any item offered for sale, and is not responsible for any liability whatsoever, including, but not limited to, the loss, damage, injury, death or illness of any animal, person or property before, during or after the sale. In the event of any legal dispute between a buyer and seller, Pony Up Auctions will occupy the position of agent for a disclosed principal and stakeholder and will be discharged from all obligation upon delivery of any property and/or funds held, to a court having jurisdiction of such dispute EACH ITEM OFFERED IN THIS SALE IS SOLD “AS IS” AND WITH ALL DEFECTS. SELLERS, BIDDERS AND BUYERS CONSENT TO RECEIVE ELECTRONIC MESSAGES PERTINENT TO ANY AND ALL AUCTION BUSINESS VIA TEXT, EMAIL AND PHONE WHICH MAY BE SENT THROUGH AN AUTOMATIC SYSTEM FROM PONY UP AUCTIONS AND ITS AFFILIATES. ATTESTING TO THE TERMS AND CONDITIONS IS OPTING IN FOR THESE TYPES OF COMMUNICATIONS.
BUYER REGISTRATION/PRE-SALE PURCHASE ARRANGEMENTS – Every potential buyer must register prior to bidding. PONY UP AUCTIONS RESERVES THE RIGHT TO ACCEPT OR REJECT ANY REQUEST FOR BUYER OR SELLER PARTICIPATION ON PONY UP AUCTIONS’S ONLINE TIMED AUCTION. Non-US Bidders – Foreign buyers are welcome. To participate please note US funds and a form of positive identification are necessary. ALL PAYMENTS MUST BE MADE DIRECTLY TO PONY UP AUCTIONS AND MUST BE RECEIVED BY THE NEXT BUSINESS DAY AFTER THE AUCTION ENDS.
- Methods of payment accepted from all buyers are:
  - US Bank wire transfer (REQUIRED if your total bill is over $500). Our office will send you wire instructions after the auction closes.
  - Mastercard, Visa, Discover & American Express or Debit card (OPTIONAL if your total bill is under $500).
- A 5% buyers premium fee will be added to the final bid for any item purchased to determine the total purchase price. As a bidder, if you win an auction you are required to make transportation arrangements within 48 hours at the end of the auction (payment must be confirmed first).
- A CONVENIENCE FEE OF 3.5% WILL BE CHARGED FOR ALL CREDIT CARD OR DEBIT CARD PURCHASES, TO BE PAID BY THE BUYER AS PART OF THE PURCHASE PRICE. Note, this is on top of the 5% buyers premium that must also be paid.
ALL ONLINE DISPLAYED ITEM INFORMATION ERRORS AND ANNOUNCEMENTS – ALL ELIGIBILITIES NOTED WITHIN THE PONY UP AUCTIONS SITE HAVE BEEN PROVIDED BY THE SELLER AND HAVE NOT BEEN VERIFIED BY PONY UP AUCTIONS – The accuracy of all information regarding all items is the sole responsibility of the seller. While certain information may have been procured by Pony Up Auctions from third parties on behalf of the seller, it is nonetheless solely the responsibility of the seller to verify the accuracy of such information. Pony Up Auctions nor any representative thereof, assumes any responsibility or liability for errors or omissions, or for any verbal or written statement regarding the item sold. If a prospective buyer is not sure about the displayed information regarding a item up for bidding, he should immediately ask to consult with the seller.
WARRANTIES & EXPRESSED LIMITED WARRANTIES – BUYERS ARE ENCOURAGED TO PRE-INSPECT AND ARE CAUTIONED TO CAREFULLY EXAMINE ANY ITEM PRIOR TO BIDDING OR PURCHASING – Potential buyers, at their expense, have the option to have a veterinary examination performed on any animal prior to the close of bidding. Seller’s permission must be obtained prior to any such examination. BUYERS CANNOT HAVE WHAT IS KNOWN AS A COMPLETE PRE-SALE VETERINARY EXAMINATION OF ANY ANIMAL AFTER PURCHASE. There is no warranty, express or implied, by Pony Up Auctions or any representative as to the soundness, condition, merchantability or fitness for any particular purpose of any animal offered for sale. It is the position of Pony Up Auctions that all items are sold “AS IS” with all existing conditions and defects. Any guarantees announced on behalf of the seller are strictly between seller and buyer. In addition to speaking with the sellers, the prospective buyers have the option to go and test ride or inspect any animal before they bid. BEFORE the auction ends is the time to go test the animal out, NOT after you win an auction. ALL BIDS ARE LEGALLY BINDING AND ARE NOT ABLE TO BE RETRACTED.
BIDDING PROCESS, DISPUTES, MALFUNCTIONS – Pony Up Auctions reserves the right to reject any and all bids. Should any dispute arise between two or more bidders, Pony Up Auctions shall settle said dispute and that decision shall be absolute, final and binding on all parties. In the event of known software malfunction, the auction will be stopped. If the malfunction has not affected the sale of items sold prior to the malfunction, they will be considered sold. The auction will proceed upon correction of the malfunction. As a bidder, you agree to allow the proxy bid software to bid the lowest amount possible on your behalf each time you are outbid (up to your maximum bid). Each auction will have a scheduled end time/date but be aware that additional time will be added to the clock when a new bid is placed at the end of the auction so that there is no chance of a last-second “sniper” bid which is so common on other bidding sites as time expires.
TITLE AND RISKS – Title transfers immediately to the buyer at the final and winning bid. Title transfer includes all risk of loss including but not limited to illness, injury or death of an animal. Additionally, at title transfer, the buyer assumes all responsibility for the care and maintenance of the animal, for any loss or damage to property and for injury or death of persons caused by the animal, buyer or buyer’s employees. Additionally, the buyer agrees to hold harmless Pony Up Auctions for such loss or damage. TITLE AND RISKS ARE ASSUMED BY THE BUYER WHETHER OR NOT SETTLEMENT AND DELIVERY HAVE BEEN MADE.
CREDIT/DEBIT CARD LIABILITY – Any person authorizing a credit or debit card purchase in the State of Indiana will be held liable for the amount of the transaction. Disputed credit or debit card purchases will be turned over to the local district attorney and will be prosecuted to the fullest extent of the law.
DEFAULT – Buyers who fail in any respect whatsoever to pay for any item under these terms shall be declared in default. Any item purchased by a defaulter may be resold by the seller at public or private sale without notice for the buyer’s account. Costs of such resale will be those of the defaulter. Should such resale fail to satisfy the defaulter’s account in full, the defaulter will immediately pay to the seller, the amount owing or be subject to legal suit. The defaulter will be responsible for all costs, including attorney’s fees incurred by seller or Pony Up Auctions in collection of amounts owing for item(s) purchased, or in enforcement or interpretation of this term of sale.
LIEN/SECURITY INTEREST – To secure the payment of the purchase price and expenses for any item purchased, together with all other indebtedness owed or hereafter owing by the buyer to seller the buyer hereby grants a purchase money security interest and lien in and to each item and all accounts, contract rights, registration papers, breeder’s certificates, records, general intangibles, proceeds and products relating thereto.
TRANSFERS/REGISTRATION CERTIFICATES – NO REGISTRATION CERTIFICATES FOR PURCHASED ANIMALS WILL BE RELEASED UNTIL PAYMENT IS RECEIVED AND CLEARED. THERE IS ABSOLUTELY NO EXCEPTION TO THIS RULE. ALL PAPERWORK WILL BE HELD UNTIL BUYER’S PAYMENT BECOMES UNCONDITIONAL PAYMENT.
POST SALE REMOVAL – All sold items must be picked up or transported in a timely fashion as agreed by the buyer. Sold items remain at the risk, responsibility, and expense of the buyer. Any delays in TRANSPORT must be pre-approved OR you may pickup your item(s) in person. Buyers must arrange and pay all expenses for PICKUP/TRANSPORTATION with a TRANSPORT company (if needed) to any state or Canada. International TRANSPORT is also an option at buyer’s expense.