DVAuction Terms and Conditions
THE FOLLOWING DESCRIBES THE TERMS WHEREBY DVAUCTION, INC. & WWW.DVAUCTION.COM 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. You can review the most current version of the Terms and Conditions at any time on this page. It is your responsibility to check this page periodically for changes. These terms may be revised at any time without notice. By using this website you are agreeing to be bound by the current version.
Eligibility to use our site.
Registering to view auctions on our site is free upon completing the required registration process unless otherwise stated within the terms of the sale. 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. Online bidding/buying privileges are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available for minors. If you do not qualify, please do not use our services. We may refuse our services to anyone at any time, at our sole discretion.
GENERAL TERMS
Any announcements at the time of auction or bidding will take precedence over material previously provided.
Transportation of livestock is the sole responsibility of the buyer. All shipping of any kind shall be at buyer's expense.
All livestock/consignments sold through DVAuction, Inc. are purchased subject to federal and state inspection.
Any extraordinary health certificates, tests, or documentation required for shipment shall be at buyer's expense.
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) is required to bid at live auctions. DO NOT BID if you do not have high speed Internet access. See the support page under internet connection requirements.
Bids are queued by the dvauction.com host computer in the order received. Bid positions are awarded on a first come, first serve basis.
In the event of malfunction by the dvauction.com host computer, it is the Auctioneer's sole discretion to continue or stop the sale during any internet outages, service disruptions or downtime.
If the malfunction has not affected the sale of lots sold prior to the malfunction, they will be considered sold. Bidding will be open with no bid positions awarded upon resumption of the auction.
It is the buyer's responsibility to ensure that their internet connection and computer are working properly. DVAuction Inc does not guarantee that online services will be uninterrupted. Any malfunction by the buyer's computer or Internet service provider is not the responsibility of DVAuction, Inc.
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.
It is solely the responsibility of the buyer to verify liens and guarantees.
POLICIES
We are both buyer and seller friendly. Satisfaction of both parties is our measure of success.
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.
PAYMENT FOR LIVESTOCK/CONSIGNMENT OR LOT/DRAFT BY PURCHASER:
DVAUCTION, INC. IS A BROADCAST & LISTING AGENT ONLY AND DOES NOT ACT AS A LIVESTOCK DEALER, LIVESTOCK MARKET, CLERK, SALE MANAGEMENT OR SELLING AGENT AND IS NOT RESPONSIBLE FOR ANY FINANCIALS OR GUARANTEES. CONTRACT FOR THE SALE IS BETWEEN THE BUYER AND SELLER.
Purchaser may be required to wire the purchase amount to the Seller's bank. Purchasers may be required to provide the Seller with a valid credit card and agree to debit said card for purchase amount.
No Warranties. We provide our service "as is" and without any warranty or condition, express or implied. To the maximum extent permitted by applicable law, we specifically disclaim the implied warranties of title, merchantability and fitness for particular purposes. All warranties expressed or implied are between Buyer and Seller.
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.
Western Video Market Terms and Conditions
1. Registering for and using a buyer number constitutes acceptance of Western Video Market (WVM) representative’s contract and the following terms and conditions. The WVM representative contract is the only contract valid in the purchase/sale of a lot of cattle offered on any WVM auction.
2. Each buyer must be properly registered and approved and have a buyer number. To register for a buyer number, please call (530)347-3793 or e-mail wvm@wvmcattle.com.
3. The auctioneer will settle any disputes as to bids. In the event of a tie bid, the auctioneer will open the bidding between the two bidders that were tied. If no advance is forthcoming, the cattle will sell to the bidder the auctioneer recognized. The auctioneer’s decision will be final.
4. Forty dollars ($40.00) per head partial payment will be due on date of purchase for each head of cattle purchased.
5. All payments are to be made to the WVM Representative named in the sale catalog.
6. Payment upon shipment of the cattle will be as follows: 1) If buyer is present at delivery, full payment must be received at delivery; 2) If buyer is not present at delivery, full payment must be received no later than the following business day by overnight cashier’s check or certified funds via FedEx, UPS or wire transfer. If multiple shipments, buyer agrees to pay for each day’s shipment by the next business day following delivery and continue until final shipment. Title does not pass until cattle are paid for in full.
7. One contract is made if buyer takes option on multiple lots of cattle at same weight and price.
8. If buyer’s representative is not present at delivery, buyer shall notify WVM representative of any grievance regarding any livestock within 24 hours after arrival. Buyer’s failure to notify WVM Representative shall constitute irrevocable acceptance of the livestock and bind them to pay the contract price for the livestock.
9. Default: In the case of default by either Buyer or Seller, the defaulting party shall be liable for actual and incidental damages as are permitted by the Uniform Commercial Code, plus court costs and attorney’s fees, as well as to any available equitable relief. Default shall exist if full and final payment is not received within one day from the date Buyer takes possession of the livestock described herein, or if the check given in payment for the livestock is not paid when presented; or upon the death, bankruptcy or insolvency of the Buyer; or upon the sale of said livestock without the WVM representative’s written permission; or upon refusal to take delivery of said livestock for any reason not specified in the contract. Upon default, the WVM representative, with or without notice, may exercise any and all rights accorded by law and the contract, including, but not limited to the following: If Buyer defaults, he will forfeit his $40.00 per head part payment. Upon Seller’s failure, for any reason whatsoever (other than act of God), to deliver to Buyer, all cattle purchased hereunder, as herein required, Seller shall promptly refund to the WVM representative the part payment advanced on such undelivered cattle, plus commission. The WVM representative will refund to the Buyer the total amount of the part payment advanced by the Buyer. This shall constitute the only liability of the WVM representative to the Buyer. The WVM representative 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 WVM representative for all damages incurred, including all costs, attorney fees, court costs and decline in market value of the cattle.
10. Upon Seller’s failure, for any reason whatsoever, to deliver to Buyer, within 95% of the livestock sold hereunder, as herein required, Seller will be liable for replacing any livestock not delivered with livestock of equal size and quality or pay Buyer the difference between the price stipulated in the sales contract and the prevailing market price on the number of livestock not delivered, based on the average weight of those delivered and/or make the necessary freight adjustment to Buyer. Replacement of livestock, monetary adjustment and/or freight adjustment shall be at Seller’s expense and Buyer’s option and approval.
11. All cattle will be weighed on a certified scale. Any cuts that are made will be made after cattle are weighed. Cuts will be weighed back.
12. “WVM Natural” is a term used to represent cattle that are owner certified and have never received in any form (fed, implanted, injected, orally, etc.): Antibiotics and/or sulphas; Ionophores such as Bovatec, Rumensin, etc.; Growth promoting hormones/steroids including Lutalyse, MGA, etc.; Any feed or supplement containing animal by-products.
13. All livestock to be delivered FOB at shipping point. The risk of loss for the livestock passes to buyer at the time that the livestock are loaded on the carrier. Freight rates are not guaranteed by Western Video Market representative or by the seller.
14. All cattle are sold on a slide as indicated in the contract.
15. Weight stops above the base weight: Cattle slide up to the weight stop. Any pounds over the weight stop are free to the buyer.
16. The consignor optional Circle 25 slide is an equal up and down slide with 25-pound weight or slide/price stops over and under the base weight. When figuring the price on cattle that come in under the base weight, the actual net weight is used. Sellers only receive a maximum 25 lbs. of slide/price adjustment.
17. Ship dates will be set at seller’s option unless otherwise stated.
18. This is a load lot sale. A load of cattle is 45,000 lbs. or greater unless otherwise stated.
19. No freight adjustment will be given on cattle that weigh below the estimated base weight if the head count is within 5% of the contract.
20. Buyer is only required to send transportation to take gross weight sold on contract and/or head count, (If cattle are at or below base weight), up to what is legal to haul on trucks at point cattle are loaded. Buyer is not required to accept a specific number of cattle if they exceed the base weight. Buyer is responsible to determine the legality of hauling larger than normal loads to their final destination prior to purchase.
21. All percentages used to represent cattle in this catalog (i.e. 85% BLK) are estimates only.
22. We endeavor to have all information in this catalog correct; however, any announcements from the auction block will take precedence over printed or online information.
23. Western Video Market will attempt to announce no sales from the block.
24. Any claim by the consignor/seller to any program requiring signed affidavits or 3rd party verification (including, but not limited to: SAV, WVM Natural, NHTC, Certified Organic, etc.) is solely the responsibility of the consignor/seller. It is the consignor/seller’s responsibility to meet all requirements of the programs claimed. It is the buyer’s responsibility to verify all claims of seller to fit buyer’s specific program prior to purchase.
25. Western Video Market representatives cannot guarantee “back verification” of any program requiring signed affidavits or 3rd party verification.
26. The Western Video Market representative reserves the right to sign the sales/purchase contract on behalf of all buyers and sellers in lieu of their presence at the conclusion of the sale.
27. Western Video Market is a production and marketing company only, and assumes no financial responsibility for cattle represented in the sale. Financial responsibility rests solely with the individual auction yards and dealers representing the cattle.
28. There are no warranties expressed or implied beyond what is expressly set forth in the sales/purchase contract and these terms and conditions. All implied warranties above merchantability and fitness for a particular purpose are excluded.
