SALE TERMS AND CONDITIONS

Bidders, Contributors and Buyers hereinafter referred to as “Users” and StockShowAuctions.com hereinafter referred to as “Auctioneer” agree that the terms and conditions set forth below shall govern this auction whether Users participate in person, online or by simulcast. All registration information provided by Users to Auctioneer shall be current, complete, and accurate. Users must be 18 years of age or older. Users agree to not use any device, software or routine to interfere or attempt to interfere with the proper functioning of this auction sale. Users acknowledge that this auction is in part conducted electronically and that the Auctioneer and other parties to the auction will therefore out of necessity rely on hardware, software and networks that may malfunction without warning to either party. To proceed with User registration, User must first agree to the these Terms and Conditions / User Agreement

DEFINITIONS

BIDDER: Any person or organization registered with Auctioneer either through the on site location or online and issued a bidder number by Auctioneer.

CONTRIBUTER: Any Bidder registered with Auctioneer who pledges a financial contribution to any exhibitor or lot without receiving any goods or services in return.

BUYER: Any bidder registered with Auctioneer who makes a purchase of any lot and will receive a good or service for the highest price bid on the lot such as an animal to be processed.

AUCTIONEER: Is StockShowAuctions.com who has been engaged by binding legal agreement to provide sale management, production and reporting services or parts thereof for the auction. StockShowAuctions.com is the auctioneer of record with full authority in matters related to how the auction is conducted.

SHOW/SALE: Is the sponsoring entity such as the “Texas County Junior Fair”. This entity is responsible for the show management, marketing, collection and remitting of proceeds as well as contracting with vendors, scheduling and venue related concerns. The sponsoring entity has contracted with Auctioneer to provide auction management services.

EXHIBITORS/CONSIGNORS: Any approved and registered entrant in the show that has been provided the opportunity by placing or other means to enter the sale catalog by the sale committee. Typically a “Junior Exhibitor” being either a 4-H or FFA member and has not yet graduated from high school.

SIMULCAST AUCTION: A live auction, video broadcast over the internet that will accept simultaneous bids online as well as live and in person.

LIVE AUCTION: An in person, onsite auction where the bidders will participate in person at a single location.

ONLINE AUCTION: An auction that offers all bidding on a website and no live auction will take place. Online auctions have different closing procedures, familiarize yourself with each individual online auction closing procedure.

PREMIUM AUCTION: Registered Users understand that a premium auction acts as a fundraiser for the junior exhibitor. THE HIGH BIDDER DOES NOT PURCHASE THE RIGHTS OF LEASE OR OWNERSHIP TO THE PROJECT BEING OFFERED. The exhibitor may keep the project or sell it to a market buyer through negotiated sale or separate auction. Premium sale buyers desire to financially assist student exhibitors ONLY. No transfer of lease or ownership is implied when a lot is designated as a “Premium Auction” Item. Premium sale prices are to be strictly considered a gift to the junior exhibitor.

TERMINAL AUCTION: Junior exhibitors/consignors may offer their project as a “Terminal” auction which means the highest bidder will be granted the contents of the lot at the conclusion of the auction and successful payment. A terminal lot should be understood by the bidder that they are buying the contents of the lot and have the ability to take delivery and provide adequate care of live animals or be able to remit payment for processing. The rules of each junior livestock auction vary and you should listen to the auctioneers opening announcements or ask prior to bidding if you are unsure of the style of auction you are attending.

ADD-ONS: Users desiring to assist individual exhibitors through financial donations may place “Add ons” on specific lots. These add on monies will be credited to the exhibitor less any applicable sale expenses. There is no transfer of lease or ownership implied to any lot by placing “add ons” on a lot. Add ons are to be strictly considered a gift to the exhibitor.

STRAIGHT BID AUCTIONS: These are typical style auctions where the auctioneer will sell the lot for the highest attained bid to the highest recognized bidder. Each individual lot will sell to a single buyer number.

CONSORTIUM AUCTIONS: These auctions will have multiple buyers per lot. Each Buyer will bid and be charged for their specific bid amount which will is added to the total of other individual buyers to determine the total sales price of a lot. Typically used in a premium only auction, specific sale rules can apply as to which buyer would gain ownership of the lot, most often the highest single bidder.

BIDDING PROCEDURES

SIMULCAST AUCTIONS: The bid increments will be established by the auctioneer conducting the auction at the time the lot is presented. The clerk will adjust those increments over the internet bidding platform as quickly as possible and relay any internet bids to the auctioneer.

ONLINE ONLY AUCTIONS: Bidding is done in increments and will vary by lot according to the current price or request of specific consignor and/or governing body such as a specific fair or show board. Bidding Users have one of two choices for bidding style. 1) “Max Bid” style which allows bidders to enter the maximum amount they wish to spend and allow the system to bid on your behalf by the published increments as other Users compete against your maximum bid. 2) “Regular Bid” style allows bidders to enter a bid that will become the new highest bid, unless another User has entered a higher “Max Bid”, passing all other increments. With either option, Users should be aware that they may be out bid minutes before the close of the online auction and may not have the opportunity to enter another bid. You should automatically receive notification by email and/or text if another bidder outbids your maximum bid, however you should not rely solely on this email and/or text notification. You will therefore need to monitor the auction activity to stay fully informed. In the event of a tie, the earlier bid will be considered the winning bid. When bidding ends, all sales shall be considered final. There are no exchanges or refunds absent express statement to the contrary expressed herein. A bid by any person shall be deemed conclusive proof that such person is familiar with the terms and conditions of use and auction rules and that the bidder agrees to be bound by them. Each Lot will extend 5 (five) minutes beginning five minutes prior to the posted end time. If the sale ends at 7PM and a bid is placed at 6:57PM and no other bids are received the lot will close at 7:02PM.

BID RETRACTIONS: There are no bid retractions. ALL BIDS ARE NON-CANCELLABLE ONCE SUBMITTED. Once a bid is made and confirmed, it cannot be retracted. When a bid is made you manifest your intent and ability to buy the lot at the bid price. A false or fraudulent bid may result in legal action. Any winning bidder who refuses to purchase the lot may be banned from all future auctions. Despite efforts to avoid the withdrawal of lots from the online auction sale after they are listed, it may sometimes be necessary to withdraw lots, therefore, the consignor reserves the right to do so at any time before or during the online auction sale ends and bidders acknowledge the consignor’s right to do so without recourse of such.

CONDITIONS: Any person placing bids on items in this auction agrees to these terms and conditions and understands that, by placing bids, they are entering into a binding contract between themselves and the consignor(s) and that they will be held financially responsible for their actions. Auctioneer serves only as an agent between the seller and bidder but may not be held responsible for any livestock or merchandise. It is to be clearly understood that Auctioneer; StockShowAuctions.com and representatives act only as a means between buyer and seller, and may not be held liable, financially or otherwise, for any failure on the part of the same to fulfill any obligations set forth in this sale or for the truth of any warranties expressed or implied. The catalog offering has been prepared by the auctioneer from information provided by the seller(s) and is assumed accurate as presented to us. Auctioneer in no way guarantees health, fitness, age, pedigree, or reproductive status of the animals selling. All agreements and adjustments made are between buyer and seller and should be done in writing.

TERMS

PAYMENT: Payment for all lots should be remitted within 10 days following the receipt of Auctioneer’s invoice. Users may pay with Credit Card at the auction site or online through the Auctioneers website. Users may pay by personal or business check at the auction site immediately following the auction or send by U.S. Mail to the remittance address located on the invoice.

CHECK OFF FEES: Show/Sale responsible to remit any check-off type fees required by law. Show/Sale may have directed the responsibility to the Auctioneer by written agreement and if so has transferred the responsibility to remit check-off fees, if applicable to the Auctioneer. In either case, the buyer is not responsible to remit check-off fees for the lots purchased in this sale.

BIDDER SECURITY: As a Bidder, you are responsible for any bids placed by you or a designated representative under your bidding number and password. The security of your Bidder information is your sole responsibility and the Bidder will be responsible for any and all bids placed under the assigned number. If, at any time, you feel that your Bidder number and password have been compromised, due to lack of security on your part, you must notify Auctioneer immediately.

LOT REMOVAL: Despite efforts to avoid the withdrawal of lots from the auction sale after they are listed, it may sometimes be necessary to do so; therefore, the consignor reserves the right to withdraw a lot at any time before or during the online auction sale ends without recourse from such from bidders.

AT YOUR OWN RISK: Auctioneer is not responsible for injury or accidents. All animals become property of the buyer at the conclusion of the auction. Consignors cannot be held responsible for the health or condition of animals after the conclusion of the auction.

TAX DEDUCTIBLE PURCHASES: Auctioneer recognizes that lots sold in a Junior Livestock Auction may have tax deduction value to the buyer/contributor. Exhibitor, Show nor Auctioneer provide any tax advice. All buyers and contributors should seek professional tax consultation when considering the applicability of tax deductions for lots in this auction.

LICENSE AND BOND: Auctioneer, Brent R. Graves is licensed in the State of Texas issued by the Texas Department of Licensing and Regulation (License number 13507) and is covered by Livestock Auction Commission Merchants Bond #0835885 issued by Harco National Insurance Company and is filed with the Honorable Brandon Huckabee, Erath County Judge, Erath County, Texas.

Midland County Livestock Association - TX