Terms & Conditions
Bidder acknowledges that all sales conducted through Sire Buyer are conducted electronically and the Bidder, Buyer, Seller and Sale Management rely on hardware and software that may malfunction without warning.
Bidder/Seller Requirements:
Sire Buyer 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 Sire Buyer website must be at least 18 years of age, or using Sire Buyer 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 Sire Buyer 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.
All information provided by the Bidder during online registration shall be accurate, current and complete. If any of the Bidder’s information changes, the Bidder is solely responsible for updating his/her or its Sire Buyer account. Sire Buyer will not be responsible for lost, delayed or misdirected notices in the event a Bidder does not update his/her or its information in a timely manner. Personally identifying information provided by the Bidder will be protected per the Sire Buyer Privacy Policy, outlined below.
Terms and Conditions:
All Angus Cattle represented on Sire Buyer, will sell under the standard terms and conditions of the American Angus Association, including dispersal terms when stated in a dispersal setting. Sire Buyer makes no warranty, express or implied, as to the information used to describe lots or any other merchandise sold on this site. All 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. Sale Management 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 Sire Buyer, 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 on the Sire Buyer website.
Invoicing:
All bidding and payments are in U.S. currency unless otherwise stated in Terms and Conditions or on the home page of that particular sale. Bidding is done in increments, which may vary by both species 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 Sire Buyer site will sell subject to a reserve price established by the Seller. Both the Seller and sale management 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 password. The security of a bidding number and password is the sole responsibility of the Bidder. If at anytime a Bidder’s number and/or account password is compromised for any reason, the Bidder shall notify Sire Buyer 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 Sale Manager 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 Sale Management, the sale will be stopped and all Bidders notified. Handling of the situation thereafter will be at the sole discretion of the Sale Manager. In the event the auction is cancelled, Sire Buyer shall not charge any party for any fees and all bids shall be considered cancelled.
When bidding ends, all sales 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 Sire Buyer must be paid within 7 days from the auction close. Accepted forms of payment include personal or farm check, certified check, money order or credit card (Visa, Master Card), payable to Sire Buyer at: P.O Box 112, Seward, NE 68434. Sire Buyer does not accept personal or farm checks from outside the U.S. A 5.0% processing and handling fee will be applied on all credit card transactions. A $50 fee will be assessed on all returned checks. Failure to pay within the allotted timeframe will result in a 15% finance charge, and the registered Bidder may be banned from all future Sire Buyer sales. Sire Buyer reserves the right to process a Buyer’s credit card for any lot(s) purchased if payment has not been made within 30 days of the close of a sale. If a Bidder cannot pay for his/her or its purchases immediately following the sale, he/she or it should not bid on the lot(s).
An invoice with payment instructions for lot(s) purchased will be e-mailed to the Buyer immediately following the sale close. This correspondence will be sent to the Buyer’s e-mail address on file. The invoices will be sent out the following evening of the closed sale. If the Buyer does not receive an invoice the following evening Buyer shall contact Sire Buyer immediately to request an invoice. Failure to complete payment according to the terms above shall result in all applicable fees, finance charges and potential ban from all future Sire Buyer sales.
Sale Close:
All auctions hosted by Sire Buyer are conducted with the horserace-style closing format, unless other wise stated. 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 sale will close and all lots will be declared sold to the highest bidder. Both the Sale Manager 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.
Registration Papers & Delivery:
All lots purchased through Sire Buyer 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. Sale Management urges all new buyers to take out insurance on new purchase concluding the close of the sale.
Delivery of all lots purchased through Sire Buyer 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 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. Sale Management assumes no responsibility for the completion of this transfer.
Health papers may be furnished by the Seller, at the request of the Buyer. Any fees related to the furnishing of health papers are the sole responsibility of the Buyer.
Liability:
Sale Management 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 Sire Buyer, 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 Sire Buyer sales site.
Sale Management has the sole and final discretion to determine winning bidders and, in the event of a dispute between parties, the decision of the Sale Manager is final. Sale Manager reserves the right to reopen bidding to settle matters related to disputed bids or ties. Sale Manager reserves the right to postpone or cancel a sale for any reason.
Sale Manager does not guarantee continuous, uninterrupted or secure access to online sales services, and operation of the online sale site may be interfered with by numerous factors outside of Sale Management’s control. Furthermore, due to the nature of online services, Sale Manager 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 Sire Buyer auction site.
Sale Manager is not responsible for any accidents or injury related to the sale, purchase or delivery of any lot(s) sold.
Sale Manager may refuse services to anyone at anytime 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 Sire Buyer sales. A Bidder will be permanently banned from Sire Buyer auctions if he/she or it is the Buyer of any lot(s) sold and does not honor his/her or its auction bid(s).
Privacy:
To bid, buy or sell on the Sire Buyer site, personal information must be submitted at the time of registration. By registering on the site, users consent to the collection of this information. Sire Buyer will never give or sell this information to an outside individual, group or company. All personal information provided will be used only by Sire Buyer, and the Seller(s) from whom the Bidder/Buyer makes purchases from or bids in Seller(s) sales. The Bidder’s information will be used to maintain records for Sire Buyer, as well as to communicate and provide services to the Bidder.
The e-mail addresses collected are used exclusively to contact Bidders, Buyers and Sellers registered with Sire Buyer. Use of this private information by anyone else for any purpose is strictly prohibited and will result in appropriate legal action.
Sire Buyer, website does contain links to outside websites; Sire Buyer has no control over or responsibility for the content and/or privacy practices of these sites.
“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.
“Sale Manager/Management” shall mean Sire Buyer.
“Buyer” shall mean “Bidder” who has submitted the successful offer to purchase the lot(s) or merchandise for sale.
Sale Manager reserves the right to amend these terms and conditions at any time by posting amendments on the Sire Buyer website. The amended terms and conditions shall automatically be effective 10 days after they are posted. These terms and conditions were last revised and updated on March 19th 2021.
