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User Agreement
The text below is our user site agreement. These are the terms and conditions
required for access to our site. Please read completely before deciding to
agree or disagree with these terms.
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Western Online market is a private treaty facilitator therefore all money is exchanged between the buyer and seller. The seller guarantees health, organizes shipment and receives all money. Buyers will pay the seller directly, help organize shipment and inspects cattle prior to payment. Western Online Market assumes that all information is correct based on the guarantee from the seller.
Registration
All animals must have a registration number and be accompanied by identification papers provided by the breed’s nationally recognized organization, unless the animal is otherwise verified by a WOM representative.
Bidding
1. Each animal will be sold to the highest bidder. The administrator will settle any disputes as to bids, and his decision on such matters will be final.
2. If a bid is placed within the last thirty (10) minutes of a scheduled close, the time will be extended thirty minutes from the last bid.
3. Bid increments of $50 will be accepted.
4. Bidders will be verified prior to placing a bid.
5. Phone bids & email bids will be accepted with proper identification, but placement can not be guaranteed.
Announcements
1. If there is any inconsistency in the terms of any sale item, supplement sheet or announcements, the latest announcement will take precedence over previously stated stipulations.
Tendering a Sale
1. All sales are for cash or certified funds unless satisfactory credit arrangements, including any possible reservation of security interest by the seller, have been made prior to the sale.
2. Upon completion of an auction, the buyer pays the seller directly. The seller will then pay WOM commission.
3. Buyer and seller will exchange information regarding shipment, transfer of ownership and interstate shipment.
4. The buyers and/or sellers involved in the sale are responsible for getting brand inspection.
5. The sale will run for 30 days or less.
Buyer’s Risk
1. The risk of loss and injury of each animal passes to the buyer as soon as it is sold; but it is the obligation of the seller to ensure that the animals are fed and cared for free of charge to the buyer until loaded for shipment or until the expiration of 48 hours after the sale, whichever occurs sooner.
Identification
1. The seller must ensure that each animal has a readable permanent identification mark (e.g., tattoo, hot-iron brand or freeze brand) corresponding to its registration or expressed identification.
2. The buyer must check all permanent identification marks for accuracy.
3. In those cases where a nickname is used by the seller, the nickname must also be accompanied by the official registered name and number of the animal.
Certificate of registration
1. A transferred certificate of registration must be furnished by the seller free of charge to the buyer for each animal within 45 days following the later of the date of sale and receipt of full payment.
Artificial insemination (AI) service certificates
1. Upon the buyer’s request, AI Service Certificates must be furnished by the seller free of charge to the buyer for all females bred artificially to bulls not owned by the seller.
Guarantees
Health
1. Unless other wise announced, the seller guarantees that all animals are eligible for interstate shipment as required by federal regulations.
Conformance with Registration
1. The seller guarantees, unless otherwise stated in the auction, that all animals are registered under their respective breed’s association rules.
2. The seller guarantees to the buyer, if the animal is registered, that all animals conform to the registration certificate as entered in the Herd Book of that animal’s breed association.
Pedigree
1. The seller guarantees to the buyer that the pedigree and performance data of all animals, as represented in any sales materials (including any sale book, supplement sheet or announcements), is accurate.
2. In those cases where a commonly understood nickname is used by the seler, the seller guarantees the pedigree of the animal based on the commonly understood nickname.
Breeding Guarantees
1. The seller guarantees that all bulls are breeders, but only if such bulls are at least 12 months old at the time of sale and have not been allowed to run with the herd until at least 14 months of age. A bull that settles a cow by natural service and passes a fertility test made by competent veterinarians mutually agreed upon by the buyer and the seller, during any six-month period of trial (provided for in paragraph 2 of this section entitiled “Options and privileges of return or adjustment”) will be considered a breeder. Unless otherwise agreed by the buyer and the seller, the seller makes no guarantees with respect to the ability to freeze semen.
2. The seller guarantees that all animals are breeders, with the exception of: (a) calves under 12 months of age at the time of the sale; (b) animals shown after the sale has occurred (in such cases, the breeding guarantees, if any, will be those guarantees as are agreed upon between the seller and the buyer); (c) injury or disease occurring after the sale; and (d) gross negligence or willful misconduct on the part of the buyer.
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Transmitted: 12/1/2008 11:58:42 AM |
