Please read the following user agreement and either accept or decline at the bottom of this page to move forward with registration.
For assistance call Shawn 308-650-1436
Terms & Conditions
ALL BIDS ARE ON A PER HEAD BASIS
Participation : All bidders must register to participate in an online auction. Electronic bids are time stamped by the server when they are received. Bids must be received by the server prior to the lot closing. The sale will operate on "dynamic closing". With dynamic closing, a bid made less than 2 minutes before the scheduled closing time will extend the closing time 2 minutes from that bid. The closing time will continue to be extended 2 minutes from the last bid until no further bids are made within 2 minutes of the last established closing time. Dynamic closing does not alter the closing time of the subsequent lots.
Following the close of bidding the winning bidder will be listed on the bid history page. The next day winning bidders will be sent, via email or fax, an invoice that includes that total down payment due on animals purchased on the auction.
Seller shall designate Midwestern Cattle Marketing, LLC as its agent and Auctioneer for all livestock transactions.
MIDWESTERN CATTLE MARKETING, LLC has final authority on any and all disputes.
MIDWESTERN CATTLE MARKETING, LLC has the right to reject any and all bids.
Seller and Buyer shall execute a Livestock Contract within 24 hours of sale as a pre-condition to any final sale through MIDWESTERN CATTLE MARKETING, LLC.
The Livestock Contract will contain the entire agreement between Seller and Buyer and cannot be changed except in writing signed by both parties.
INSPECTION AND WARRANTIES: Seller shall deliver the described number of livestock, exclusive of any stags, crippled, blind (one or both eyes), locoed, lump-jawed, or otherwise un-merchantable livestock, and any livestock that are not as described in the Livestock Contract. Seller is responsible for providing Buyer with such Health Certificates and/or other documents as needed. Seller must supply good and marketable title to the livestock and must warrant the livestock will be delivered free from all security interests, liens, or encumbrances. Any lien(s) will be satisfied by Seller prior to or at delivery time. Seller agrees to defend title to the livestock and indemnify and hold Buyer (and/or MIDWESTERN CATTLE MARKETING, LLC) harmless from any and all loss or damage on account of any liens, encumbrances, or other defects in title.
There are no warranties expressed or implied beyond what is expressly set forth in the Livestock Contract.
RISK OF LOSS: The risk of loss of the livestock passes to Buyer at the time of delivery.
Buyer has the right to refuse delivery of cattle if any conditions of the Livestock Contract are not met by the Seller.
PAYMENT : Buyer shall make full payment to MIDWESTERN CATTLE MARKETING, LLC by check or wire transfer at the time Buyer takes possession of the livestock. In the event the parties enter into a forward contract. MIDWESTERN CATTLE MARKETING, LLC shall make a part-payment (as negotiated) to Seller and will agree that the remaining balance less commission and other lawful charges shall be paid at delivery by MIDWESTERN CATTLE MARKETING, LLC . Buyer will agree to pay MIDWESTERN CATTLE MARKETING, LLC 10% of the gross sale immediately following the close of the sale, subject to terms of the Livestock Contract, with the remainder paid at the time of delivery. Buyer will grant MIDWESTERN CATTLE MARKETING, LLC a security interest in the livestock, including the products and proceeds thereof, until such time MIDWESTERN CATTLE MARKETING, LLC actually receives final payment.
ACT OF GOD : Seller and MIDWESTERN CATTLE MARKETING, LLC shall not be liable for any delay or failure to deliver any or all of the livestock in case delay or failure is caused by any act of God. When Seller claims excuse for non-performance under this paragraph, reasonable notice and documented proof must be given to Buyer and MIDWESTERN CATTLE MARKETING, LLC.
DEFAULT : In case of default of either Buyer or Seller, the defaulting party shall be liable for actual and incidental damages as are permitted by law, including court costs and attorney's fees as well as any available equitable relief. Default shall exist if full and final payment is not received on the date of the Buyer takes possession of the livestock, or if the check given in payment for the livestock is dishonored, or upon the death, bankruptcy or insolvency of the Buyer. If Buyer defaults, it will forfeit any party of payments made as of the time of default. Upon Seller's failure, for any reason whatsoever (other than an act of God) to deliver to Buyer, all cattle purchased hereunder, as herein required, Seller shall promptly refund to MIDWESTERN CATTLE MARKETING, LLC and Buyer any payment advanced by the Buyer. This shall constitute the only liability of MIDWESTERN CATTLE MARKETING, LLC to Buyer. MIDWESTERN CATTLE MARKETING, LLC shall also have the option, in the event of default by Buyer, of paying Seller in full for the cattle and of holding and reselling the cattle in a reasonable commercial manner. In that event, Buyer shall be liable to MIDWESTERN CATTLE MARKETING, LLC for all damages incurred, including costs, attorney's fees, and decline in market value of the cattle.
Bred cattle will be pregnancy checked and aged by a licensed veterinarian (at seller's expense) within 14 days prior to delivery with signed affidavit from licensed veterinarian. Seller or MIDWESTERN CATTLE MARKETING, LLC will have no further liability for cattle that are not pregnant.
SLIDE : All cattle will be sold on a sliding scale as defined in the Livestock Contract.
CURRENT LOCATION : Said livestock will remain at same location and on feed specified in the Livestock Contract and will be handled in their normal and usual manner unless expressly agreed upon in writing.
WEIGHING CONDITIONS OF LIVESTOCK : All cattle will be weighed on a certified scale and comply with the conditions set forth in the Livestock Contract.
DELIVERY : Sellers agrees to furnish State and Federal inspection that will pass all regulations and delivery is to be made F.O.B. in good condition at specified designation. All FDA, USDA, EPA guidelines have been followed for products utilized in disease prevention and treatment.
Cattle have never been fed any animal by-products.
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