BEST CATTLE SALES TERMS AND CONDITIONS
THE FOLLOWING DESCRIBES THE TERMS WHEREBY BEST CATTLE SALES, CR PUBLISHING, LLC, dba THE BRAHMAN JOURNAL OFFERS ACCESS TO OUR SERVICES
The following terms and conditions are applicable to all sales and purchases through our website(s). We may amend these terms and conditions at any time by posting the amended terms on our site. The amended terms shall automatically be effective 10 days after they are initially posted on our site. Eligibility to use our site. Registering to view auctions on our site is free upon completing the required registration process. In order to bid on and purchase livestock/merchandise on our site, you must register for online bidding approval by submitting your application to bid. Upon approval, you will be allowed bidding privileges at the auction. If you do not qualify, please do not use our services. We may refuse our services to anyone at any time, in our sole discretion.
Best Cattle Sales services are available only to individuals who can enter into legally binding contracts and are over eighteen (18) years of age. All bidders on the Best Cattle Sales website must be at least 18 years of age, or using Best Cattle Sales services in conjunction with a parent or legal guardian; In the event a minor or a person who is unable to enter a legally binding contract is using Best Cattle Sales services in conjunction with a parent or legal guardian, the bid shall be considered submitted and binding by the parent or legal guardian. If registering for or as a business entity, Bidder acknowledges that he/she has the legal authority to bind that entity to this Agreement; In the event the Bidder does not have the requisite legal authority to enter into a legal contract and bind the entity, the Bidder shall be bound to the bid submitted in his/her individual capacity. Those who do not meet eligibility requirements should not register as a Bidder.
“Seller” shall mean the party who is placing the lot(s) or merchandise for sale.
“Bidder” shall mean the party submitting an offer to purchase the lot(s) or merchandise for sale.
“Auctioneer” shall mean Best Cattle Sales, CR Publishing, LLC, dba The Brahman Journal.
“Buyer” shall mean “Bidder” who has submitted the successful offer to purchase the lot(s) or merchandise for sale.
By registering to be a or buyer on our site, Bidder agrees that the following terms and conditions shall govern all Best Cattle Sales auctions and sales.
Bidder acknowledges that all sales conducted through Best Cattle Sales are conducted electronically and the Bidder, Buyer, Seller and Auctioneer rely on hardware and software that may malfunction without warning.
Any announcements at the time of auction or bidding will take precedence over material previously provided.
Livestock/Consignments are sold FOB buyers trucks (transportation). All shipping of any kind shall be at buyer's expense unless noted otherwise.
All livestock/consignments sold through Best Cattle Sales, CR Publishing, LLC, dba The Brahman Journal are purchased subject to federal and state inspection.
Any extraordinary health certificates, tests, or documentation required for shipment shall be at buyer's expense.
AUCTIONS. THE FOLLOWING RULES ARE SPECIFICALLY APPLICABLE TO AUCTIONS:
Buyers: If you have the highest bid, you are obligated to complete the transaction. Bids are not retractable.
Every transmission over the Internet travels a different route and can be delayed by a variety of factors, including the bidder's own computer. The time lapse between submission of a bid and its registration by the website can vary by several seconds resulting in the possibility of your bid being taken at a higher price than you intended. Do not submit bids during a flurry of bidding activity. Wait until bidding activity has subdued before placing your bid.
High speed Internet access (ie: dsl, cable, T-1, wireless, satellite) is required to bid at live auctions. DO NOT BID if you do not have high speed Internet access.
Bids are queued by the bestcattlesales.com host computer/server in the order received. Bid positions are awarded on a first come, first serve basis.
In the event of malfunction by the bestcattlesales.com host computer/server, the auction process will be stopped. If the malfunction has not affected the sale of lots sold prior to the malfunction, they will be considered sold. Auction of remaining lots/drafts will be completed upon correction of the malfunction. Bidding will be open, with no bid positions awarded upon resumption of the auction.
Any malfunction by the buyer's computer or Internet service provider is not the responsibility of Best Cattle Sales, CR Publishing, LLC, dba The Brahman Journal.
Best Cattle Sales, CR Publishing, LLC, dba The Brahman Journal is not responsible if a bid comes in late and/or is not recognized by the auctioneer, or for an online auction if a bid is registered after a lot closes out.
Best Cattle Sales, CR Publishing, LLC, dba The Brahman Journal is not responsible for delays or missed bids due to interruptions in the Broadcast.
The Buyer agrees to pay the seller the price bid online if they are the winning bidder.
AUCTION RULES. (BUYERS)
Submission of a bid is a binding offer to purchase livestock, consignment or lot/draft.
A bid is valid until livestock, consignment or lot/draft is sold or auction closes. Submission of a higher bid by another party does not withdraw previous bids.
Auctioneer shall be the sole judge in determining the winning bidder in the event of a tie bid.
IMPLIED WARRANTY/DISCLAIMER ON INFORMATION
Best Cattle Sales, CR Publishing, LLC, dba The Brahman Journal makes no warranty, express or implied, as to the information used to describe lots or any other merchandise sold on this site. All auction lots and merchandise are presented as described by the Seller. LOTS ARE SOLD AS IS, WHERE IS AND WITH ALL FAULTS. Bidder acknowledges that all lots were available for inspection prior to the auction and, by these terms, it is the Bidder’s responsibility to personally inspect all lots that he/she or it may purchase. Failure on part of the Bidder to inspect lots, or otherwise be fully informed as to the nature, quality and condition of lots purchased, will not constitute grounds for any type of refund or termination of the sale agreement between the Buyer and Seller. All lots and merchandise sold become the property of Buyer at the conclusion of the auction. Auctioneer is not responsible for the condition or health of lots sold and purchased, either at the time of sale or time of delivery.
THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, ARE SPECIFICALLY EXCLUDED from this contract for sale and this transaction and shall NOT apply to the merchandise that is the subject of this sale and this transaction. Buyers hereby agree to indemnify and hold Best Cattle Sales, CR Publishing, LLC, dba The Brahman Journal its members, parent subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorney’s fees, against any and all causes of action which relate to the condition of the lots, merchandise or the descriptions thereof sold at auction on the Best Cattle Sales website. Limit of Liability. In no event shall we be liable for lost profits or any special, incidental or consequential damages however arising, including negligence, arising out of or in connection with a sale made through this website.
All auctions hosted by Best Cattle Sales are conducted with the horserace-style closing format or an “all-in-all-done” format. If there is any bidding activity in the last 5 minutes of an auction, that auction will enter into extended bidding. Extended bidding increments will start at 5 minutes, however, the Seller may shorten that time duration at any point during extended bidding. Extended bidding will continue until there has been no bidding activity for the duration of the set extended bidding time increment. At that time, the auction will close and all lots will be declared sold to the highest bidder. Both the Auctioneer and Seller reserve the right to extend or end bidding at any time.
WITHDRAW OF LOTS
Occasionally, lots may need to be removed from an online sale that already posted. The Seller reserves the right to withdraw lots at any time before or during the auction. In the event the Seller withdraws a lot during an auction, all bids on that lot shall be considered withdrawn.
TITLE & DELIVERY
All lots purchased through Best Cattle Sales will become the property of the Buyer at the conclusion of the auction and, as such, all risk of damage, death or injury to lots purchased becomes the Buyer’s risk.
Delivery of all lots purchased through Best Cattle Sales must be coordinated between the Buyer and Seller. Any fees incurred with delivery are the sole responsibility of the Buyer, unless other arrangements are agreed upon subsequent to the auction between the Buyer and Seller. Any questions regarding delivery should be directed to the Seller. If Seller delivers any lot(s) sold to the Buyer before payment has been received, collecting payment for said lot(s) becomes the sole responsibility of the Seller.
REGISTRATION & HEALTH PAPERS
Registration papers, if applicable, shall be delivered from the Seller to the Buyer within 45 days of cleared payment. The Seller is responsible for the transfer of registration papers. Auctioneer assumes no responsibility for the completion of this transfer or the delivery of the papers.
Health papers may be furnished by the Seller, at the request of the Buyer. Any requests or fees related to the furnishing of health papers are the sole responsibility of the Buyer.
BIDDING & PAYMENT
All bidding and payments are in U.S. currency. Bidding is done in increments, which may vary by both specie and individual lot(s) for each sale. A Bidder may be outbid at any time before the close of an auction. Bidders will NOT automatically receive notification if they have been outbid; thus, careful monitoring of the auction is encouraged when bidding. Unless otherwise indicated, lots and merchandise offered on the Best Cattle Sales site will sell subject to a reserve price established by the Seller. Both the Seller and Auctioneer may bid on the Seller’s behalf in an amount not to exceed the reserve price. Seller is under no obligation to sell lots or merchandise if a bid does not meet the minimum acceptable price set by Seller.
Bidder is responsible for any bids placed under his/her or its bidding number, account and/or password. The security of a bidding account and password is the sole responsibility of the Bidder. If at any time a Bidder’s number and/or account password is compromised for any reason, the Bidder shall notify Best Cattle Sales immediately to have the bidder’s number and/or account password changed.
Placing a bid represents a valid offer between the Bidder and Seller. Once a bid is submitted and confirmed by the Bidder, it cannot be retracted. If a Bidder places the winning bid, the offer then becomes a binding contract to purchase the lot(s) or merchandise, and the Bidder is obligated to buy the lot(s) or merchandise at the final bidding price. Fraudulent bids can and will be pursued in a court of law. The Seller and Auctioneer reserve the right to accept or reject any and all bids unless otherwise stated.
In the case of a software malfunction on the part of the Auctioneer, the sale will be stopped and all Bidders notified. Handling of the situation thereafter will be at the sole discretion of the Auctioneer.
When bidding ends, all auctions shall be considered final and the Bidder who submitted the highest bid shall then become the Buyer of the lot(s). All lots purchased by a Buyer through Best Cattle Sales must be paid within 5 days from the auction close. Failure to pay within the allotted timeframe may result in a 15% finance charge, and the registered Bidder may be banned from all future Best Cattle Sales auctions. If a Bidder cannot immediately pay for his/her or its purchases immediately following the auction, he/she or it should not bid on the lot(s).
PAYMENT FOR LIVESTOCK/CONSIGNMENT OR LOT/DRAFT BY BUYER:
Payment for Livestock/Consignment and/or Lot/Draft by Buyer shall be made directly to Seller or affiliate Livestock Auction Market.
Seller's name, address and bank will be provided to Buyer upon confirmation of sale. Buyer may be required to wire purchase amount to Seller's bank. Buyer may be required to provide Seller with a valid credit card and agree to debit said card for purchase amount. If the Buyer does not receive the Seller's name, address and bank upon confirmation of sale within one (1) business day, Buyer shall contact Best Cattle Sales immediately to request said information. Failure to complete payment according to the terms above shall result in all applicable fees, finance charges and potential ban from all future Best Cattle Sales auctions.
A bid is valid until livestock, consignment or lot/draft is sold or auction closes. Submission of a higher bid by another party does not withdraw previous bids.
LIMITATION OF LIABILITY
Auctioneer shall not be liable for lost profit or special, incidental or consequential damages out of or in connection with any sale transaction. Bidders, Buyers and Sellers hereby agree to indemnify and hold Best Cattle Sales, CR Publishing, LLC, dba The Brahman Journal its members, parent subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Bidder’s, Buyer’s or Seller’s use of the this service, the violation of these terms of service, for any information transmitted by any of the aforementioned on the Best Cattle Sales, CR Publishing, LLC, dba The Brahman Journal site.
Auctioneer has the sole and final discretion to determine winning bidders and, in the event of a dispute between parties, the decision of the Auctioneer is final. Auctioneer reserves the right to reopen bidding to settle matters related to disputed bids or ties. Auctioneer reserves the right to postpone or cancel a sale for any reason.
Auctioneer does not guarantee continuous, uninterrupted or secure access to online auction services, and operation of the online auction site may be interfered with by numerous factors outside of Auctioneer’s control. Furthermore, due to the nature of online auction services, Auctioneer cannot guarantee or confirm the authentic identity of Bidders, Buyer or Sellers and shall have no liability for any false or misleading information transmitted by the aforementioned on the Best Cattle Sales, CR Publishing, LLC, dba The Brahman Journal site.
Auctioneer is not responsible for any accidents or injury related to the sale, purchase or delivery of any lot(s) sold.
Auctioneer may refuse services to anyone at any time at its sole discretion. If a Bidder provides false information, such as a false name or fraudulent contact information, he/she or it will be suspended or permanently banned from the Best Cattle Sales site. A Bidder will be permanently banned from Best Cattle Sales if he/she or it is the Buyer of any lot(s) sold and does not honor his/her or its auction bid(s).
This web-site is intended to be a friendly, enjoyable and useful experience, but as with anything concerning any kind of transactions there are risks involved and we strongly advise you to understand all of these terms before joining. If you spot a listing that you feel is violating the general terms and conditions of this web-site as stated below please let us know by contacting us.
RIGHTS TO SUSPEND OR TERMINATE
You agree that this web-site, in its own discretion, may terminate any auction or use of the service immediately and without notice if (a) We believe that you are not abiding by the general rules of this web-site (b) You have repeatedly broken a certain term (c) You have listed a suspicious item (d) We believe you to be a non paying bidder. In most cases when we suspect foul play we will suspend your account/listing whilst we investigate further. If our investigation is conclusive then your account with us will be terminated.
You are solely responsible for the contents of your actions through this web-site. You must ensure that your participation in the selling or buying of items does not violate any applicable laws or regulations. By this we mean that you must check that you entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation.
You must not transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation.
This site acts as the window for sellers to conduct auctions and for bidders to bid on sellers' auctions. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items listed the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchases of items they have bid on. In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretence.
This Web-site shall not be responsible for any items sold by Auction, for any damage to items during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. This web-site shall not be responsible for the cost of procurement of substitute goods or any losses resulting form any goods purchased or obtained.
This web-site assumes no liability for the content of the listings. However if you fall victim of a fraudulent transaction we will assist you as much as we can.
These Terms of Service shall be governed by and constructed in accordance with the laws of the United States and any disputes will be decided only by the United States.
BEST CATTLE SALES IS A BROADCAST & LISTING AGENT ONLY AND DOES NOT ACT AS LIVESTOCK DEALER OR SELLING/AGENT.