Terms & Conditions
DISCLAIMER: All goats or genetic material (embryos, semen or any DNA material) offered for sale will be sold to the highest bidder. The person in charge of the sale (seller, auctioneer, or sale manager whether live public auction or internet auction) will settle any disputes with regards to bids, and his/her decision will be final.
Announcements made sale day from the auction block will take precedence over statements in the sale catalogue or any other advertising.
It is the responsibility of the seller in a public auction to provide the sale manager, in writing, prior to the sale, a listing of corrections of information printed in the sale catalog
All persons who attend the sale do so at their own risk. Neither Midwest Buck Sale LLC, consignors, nor sale management assume liability legal or otherwise for accidents or loss of property.
All sales are cash sales unless satisfactory credit arrangements have been made with the seller and sale management prior to sale. All goats are to be paid for by the purchaser immediately after the sale and will not be released until settlement has been made. CREDIT CARD FEE 3%.
The risk of loss and injury of each animal passes to the buyer as soon as it is sold, and it becomes the buyers responsibility for ensure the animals are provided with appropriate care until they leave the premises. All animals must be out of the barn by June 4, 10:00 pm.
Prior to the sale the seller must insure each animal has a readable permanent identification mark i.e. scrappie tag and or tattoo.
The buyer must check all permanent identification for accuracy upon possession and report any discrepancies or irregularities immediately to the sale manager and seller.
If animals are registered, transfer is the responsibility of the buyer.
Unless otherwise announced the seller guarantees that all animals are eligible for interstate shipment as required by applicable federal and state regulations.
Transportation is the responsibility of the buyer.
Terms & Conditions for Online Auction
Bidder and Auctioneer agree the terms listed below shall govern each auction. All registration information the Bidder provides to Auctioneer shall be current, complete, and accurate. Bidders must be 18 years of age older. Bidder agrees to not use any device, software or routine to interfere or attempt to interfere with the proper working of or any transaction being conducted on and during the auction sale. Bidder acknowledges that this auction is conducted electronically, and the auctioneer/seller and buyer rely on hardware and software that may malfunction without warning. To proceed with bidder registration, the Bidder must first agree to the following Terms and Conditions.
Eligibility: This sites Services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If potential Bidder is a minor, Bidder can use this service only in conjunction with a legal parent or legal guardian. Bidders that do not qualify should not use our services. Each Bidder account and user ID may not be transferred or sold to another party. Anyone registering as a business entity must verify that they have the authority to bind the entity to this agreement.
Implied Warranty/Disclaimer: Information that is used or shared by Midwest Buck Sale LLC is the individual suppliers and is believed to be honest and correct. Midwest Buck Sale LLC is not responsible for any failures or lack of expectations on products marketed at this site. Midwest Buck Sale LLC, owners, agents or etc. are not responsible for any mistaken or misleading information listed.
Event/Details Page & Lot Description: Specific terms, conditions, and fees associated with each auction or specific lot in an auction provide additional information to the buyer in addition to the terms in this user agreement.
Description of Information: The descriptions of items appearing in the auction and in advertising prior to this sale are believed to be correct. Nevertheless, neither those descriptions nor any oral statements made by Owner/Seller or Auctioneer concerning any item shall be construed as a warranty either express or implied. ITEMS 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, Auctioneer and Owner/Seller strongly encouraged Bidder to carefully inspect each lot in which Bidder had any interest to determine the lots nature, quality and size. Bidder relied solely on personal inspection and not on information listed on website or otherwise provided by Auctioneer or Owner/Seller. If Bidder failed to inspect any lot, this failure to inspect, or otherwise be fully informed as to the lots nature, quality, condition, quantity and size will not constitute ground for any claim, adjustment refund, termination or the contract for sale, or refusal to close the sale. These written terms constitute the final expression of the parties’ agreement and a complete and exclusive statement of the terms of the contract for sale, or refusal to close the sale. The IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE SPECIFICALLY EXCLUDED from this contract for sale and transaction and shall NOT apply to the stock or merchandise that is the subject of these sales. We do not have control over the items that are posted in the auction site and cannot guarantee the authenticity and quality of said property. We are not responsible for the actions the Owner/Sellers and Buyers take before, during, and after the auction, typographical errors, misprints, loss of merchandise/money, damage or failure of equipment, due to your visit to this auction site. Use of this site is at your own risk, and content is presented “As Is”. Specific terms regarding auction location, lot descriptions, payment terms, shipping and delivery, insurance and other important information is located on the first page of each auction.
Bidding: Bidding is done in increments and will vary by item according to the current price. You are encouraged to bid the maximum amount you are willing to pay for the item (Maximum Bidding). Be aware that you may be outbid minutes/seconds before the close of the auction and may not have the opportunity to enter another bid. You will not automatically receive notification if another bidder outbids your maximum bid via email and/or text message. You will need to monitor the auction activity to stay 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. All items are sold “as is”. There are no exchanges or refunds absent and express statement to the contrary expressed herein. A bid by any person shall be deemed conclusive proof that the bidder is familiar with the Terms and Conditions of Use and Auction Rules, and that the bidder agrees to be bound by them. 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 can vary by several seconds. Bids are queued by Midwest Buck Sale LLC host computer in the order received. Bid positions are awarded on a first come first served basis. Bids are time stamped by the host computer with the time received. To be accepted, bids must be received by the host computer prior to closeout. In the event of malfunction by Midwest Buck Sale LLC host computer the auction process will be stopped. If the malfunction has not affected the sale of livestock or merchandise sold prior to the malfunction the items will be considered sold. Auction of remaining lots will be completed upon correction of the malfunction. Bidding will be open, with no bid positions awarded upon resumption of the auction. Any malfunction by the buyer’s computer or Internet service provider is not the responsibility of Midwest Buck Sale LLC. As a Bidder, placing a bid is a binding contract between you and the Owner/Seller, and the bid cannot be retracted unless due to fault by the Owner/Seller of typographical error, or other error, due to human error on the Owner/Seller’s part. Once you place a bid, and if you win, you will be obligated to buy the product at the said price you indicated as your bid. Placing a bid on this auction site, and winning, then not paying for the product is illegal in most states, and prosecution can result. The Owner/Seller of property sold through this web site reserve the right to reject all bids if they so choose. A Bidder is responsible for any bids placed by them or a designated representative under a bidding number and password. The security of Bidder information is the sole responsibility of the Bidder. A Bidder will be responsible for all bids placed under their number. If at any time a Bidder feels that their user account and password have been compromised, due to lack of security on their part, the Bidder must notify Midwest Buck Sale LLC immediately. Bidders agree that when using the Maximum Bid feature on our web site they use it according to the specifications in place for that feature. Please note that when using the Maximum Bid feature, a current high Bidder that wants to increase the Maximum Bid, the Bidder is required to place a new bid in the increment designated for that item. This may cause you to raise your last high bid by one bid increment. The Bidder understands and agrees to how the Maximum Bid feature works if using it.
Extended Auction Closing Format: When the time expires, all lots are declared sold. Original ending times will vary. See each auction for details. Extended bidding continues until there is no bidding for the allotted minutes. Please use the maximum bid feature to avoid clock management issues in bidding. With this option, all lots will close simultaneously. A few benefits to this style of auction – Buyer has the choice to switch to any lot in the offering if outbid on the current choice; buyer does not have to deal with the “seller’s order” of sale because all lots are offered and bid on simultaneously; and the buyer has true choices. Check the time remaining information. Click on refresh. For each auction, the extended bidding period varies based on the number of lots and overall duration of the auction. **Example 1: Auction closes at 8 PM. There is no bidding from 7:57 PM to 8 PM. All lots are declared closed, and the sale ends at 8 PM. **Example 2: Auction closes at 8 PM. There is a bid placed at 7:59 PM. Auction is extended by 3 minutes. No more bidding occurs. All lots are declared closed, and the sale ends at 8:02 PM. **Example 3: Auction closes at 8 PM. There is a bid placed at 7:59 PM. Auction is extended by 3 minutes until 8:02 PM. Another bid is placed at 8:01 PM. No more bids are placed. All lots are declared closed, and the sale ends at 8:04 PM. Please note the above time schedule is a sample and may or may not match the actual ending times. All auctions will feature the accelerated extended auction style closing. 8 PM ET (7 CT, 5 PT) – extended bidding begins 3-minute extended bidding *Auctioneer has the right to change the extended bidding increment. – judgment call based on the number of bids per minute. Please place your bids early and keep checking the auction. Extended bidding time is subject to change at the Auctioneer’s discretion.
Bid Retractions: There are no bid retractions. BIDS CANNOT BE CANCELED ONCE SUBMITTED. Once a bid is made and confirmed, it cannot be retracted. When a bid is made a Bidder will disclose the intent and ability to buy the item at the bid price. A fraudulent bid may result in legal action. Any winning bidder who refuses to purchase the item may be banned from future auctions. Midwest Buck Sale LLC reserves the right to reject or void bids, whether winning or not, that Midwest Buck Sale LLC deems not to have been made in good faith, or that are restricted, prohibited, or taxed due to local laws. Despite efforts to avoid the withdrawal of items from the sale after they are listed it may sometimes be necessary, therefore, the Owner/Seller reserves the right to do so at any time before or during the sale.
Reserve Price: An auction item may have a reserve price. The reserve price is the lowest price at which an item will be sold. The reserve price is never disclosed to bidders, but a note may be displayed in the item information screen specifying a reserve price. When the reserved price has been met the screen may read “Reserve Price Met”. The item will then be sold to the highest bidder at the conclusion of the auction. If the reserve price is not met, the item will not be sold during that auction. The Owner/Sellers reserve the right to accept or reject any or all bids unless otherwise stated.
Limit of Liability: In no event shall Midwest Buck Sale LLC be liable for lost profits or any special, incidental, or consequential damages whatsoever arising, including negligence, arising out of or in connection with any sale. Midwest Buck Sale LLC reserves the right to reject or void bids, whether winning or not, that Midwest Buck Sale LLC deems not to have been made in good faith, or that are restricted, prohibited, or taxed due to local laws. Midwest Buck Sale LLC is the one and only judge regarding the determination of winning bidders, are the single deciding authority if dispute should arise, and accept no liability for any errors or omissions. Auctioneer reserves the right to reopen bidding on any disputed bids or ties. Midwest Buck Sale LLC reserves the right to postpone or cancel a sale without notice, if determined in our discretion that such action is appropriate. Midwest Buck Sale LLC will neither have the liability nor obligation to the intended bidders as a result of any withdrawal, cancellation, or postponement of sale.
Registration Papers: Registration papers shall be delivered from the seller to the buyer within approximately 45 days of the check clearing the bank or acceptance of final payment. The seller is responsible for the transfer of registration papers. The Auctioneer and Auction Company assume no responsibility for registration transfers.
Title and Delivery: Title passes to the buyer at the end of the allotted bidding time for each lot. All risk of death, damage, or injury to each lot becomes the buyer’s risk upon the end of the allotted bidding time. Each buyer following his or her purchase will receive an Acknowledgement of Purchase via email outlining the details of the transaction including payment, settlement, and final terms.
Titled Vehicles: Any titled vehicles will have title or certificate of origin mailed to the buyer within ten business days after payment has cleared the bank. The proper transfer of title is between buyer and seller.
Transportation: Any shipping/transportation arrangements are ultimately between the buyer and the shipping company and not Midwest Buck Sale LLC. Winning bidders may choose to make transportation arrangements themselves, provided that all payment has been made in full and all terms and conditions are met. No animals or auction items will be delivered without proof of payment. The buyer, at buyer’s own expense, shall transport the livestock or merchandise from the seller. Specific arrangements will be indicated on each individual auction and expenses will be handled between buyer and seller. If questions, contact the seller before placing any bids. Midwest Buck Sale LLC is not affiliated with nor do they endorse any shipping companies and assume no responsibility for services provided by these companies.
Equipment Removal Times: Standard removal times are 30 days on equipment unless otherwise stated in the lot description. If the buyer fails to meet the removal deadline the property will revert to the seller.
Payment: Payment for purchases must be made payable to Midwest Buck Sale LLC unless otherwise noted in the specific auction’s terms and conditions. Buyer must acknowledge and agree not to retract the purchase offer. Buyer shall be responsible for making arrangements for delivery of merchandise or livestock. All bids are in US Dollars; all settlements will be paid in US Dollars. Accepted payment options include: 1) Credit/Debit Card payment via the link on your invoice immediately following the auction. Note: 3% Convenience Fee for all credit/debit card purchases. 2) ACH (Electronic Check). 3) Cashier’s Check or Money Order sent overnight, and made payable to: Midwest Buck Sale LLC PO Box 331 Vinita, Oklahoma 74301. Please enclose a copy of your invoice or indicate your invoice number, auction name, and date on your payment. 4) Wire Transfer. Call our office at 918 944-3066 or email email@example.com to obtain necessary information. All payments must be received within 24 hours after the conclusion of the auction. Any purchase not paid in 3 business days is subject to a $50 late fee and daily finance charges (based on 20% APR) or a minimum fee of $0.50 per day. A fee of $35 will be assessed on all returned checks. To make a payment via electronic check (no additional fees) or credit/debit card (a 3% convenience fee applies) – please login, go to My Account, click on Invoices, and then Pay an Invoice, or contact our office at 918 944-3066 and we will assist you. A fee of $35 will be assessed on all returned checks and the bidder may be denied access to future auctions. If your credit card is denied more than 3 times, a $30 processing fee will be applied. If payment has not been received and/or delivery arrangements not been agreed upon within 7 days post auction, the seller has the right to reclaim property and resell it in any manner deemed necessary. As the original purchaser you will be responsible for paying any and all differences between the original sale price on auction day and the resale price. No buyer’s premium for this auction.
Authorized Agents: Persons acting as agents must so indicate when signing the Acknowledgement of Purchase.
Default of Purchase: If any person shall purchase a lot and fail to pay for it in the manner described above, the seller shall have, in addition to all of legal rights, the right to resell the lot, or at seller’s option, bring an action for specific performance, in which event the defaulting buyer agrees to pay all costs of such suit, together will all reasonable attorney’s fees and costs. In the event of a resale, the defaulting buyer agrees to pay all costs of resale, plus any deficiency between the original purchase price and the total price upon resale. If buyer brings lawsuit toward Midwest Buck Sale LLC and does not prevail, buyer will reimburse Midwest Buck Sale LLC for all reasonable legal fees and expenses connected with said suit.
Indemnification: Buyers and Sellers agree to indemnify and hold this auction site, its parents, 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 Buyers and Sellers use of the service, the violation of these terms of service by member, or the infringement by member, or other user of the service using member’s computer, of any intellectual property or other right of any person or entity.
Legal Compliance: Bidders shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase and sale of items.
No Agency: Bidder and Midwest Buck Sale LLC are independent contractors, and no agency, partnership, joint venture, employee- employer, or franchiser- franchisee relationship is intended or created by this agreement.
Arbitration: Any legal controversy or legal claim arising out of or relating to this agreement or our services, excluding legal action taken by Midwest Buck Sale LLC. to collect our fees and/or recover damages for, or obtain an injunction relating to, Midwest Buck Sale LLC site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Oklahoma, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Midwest Buck Sale LLC may seek an interim or preliminary relief from a court of competent jurisdiction in the state of Oklahoma necessary to protect the rights or property of you or Midwest Buck Sale LLC pending the completion of arbitration. Should either party file an action contrary to this provision the other party may recover reasonable attorney’s fees and costs.
General: This agreement shall be governed in all respects by the laws of the State of Oklahoma as such laws are applied to agreements entered and to be performed entirely within Oklahoma between Oklahoma residents. We do not guarantee continuous or uninterrupted, or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this agreement held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this agreement and all incorporated agreements maybe automatically assigned by Midwest Buck Sale LLC in our sole discretion, to a third party, in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Midwest Buck Sale LLC provides a venue and mechanism to bring buyers and sellers together over the Internet. Since we do not participate in the physical transaction between buyers and sellers, we do not have any control or assume responsibility for the quality, safety, or legality of the items advertised, the truth or accuracy of the listings, the ability of the sellers to sell items or the ability of buyers to buy items. Additionally, we do not have control over whether buyers or sellers complete the transaction. Because user authentication on the Internet is difficult, we cannot confirm the identity of members and we take no responsibility for the validity of each member. By using the Service, you acknowledge that Midwest Buck Sale LLC cannot possibly authenticate members validity and in the event of a dispute between members, you release Midwest Buck Sale LLC our partners, employees, and agents from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected, and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Midwest Buck Sale LLC may amend these terms and conditions at any time by posting the amended terms on our website. The amended terms shall automatically be effective 10 days after they are initially on our website. These terms and conditions were last revised on May 31, 2022
Guarantee: Animals need proper isolation before incorporating into your herd – we suggest at least 30 days (please consult your veterinarian). Complaints should be made in 60 days to the seller. No guarantee of breeding value on stock younger than six months of age and/or stock shown at jackpot or preview shows before breeding. Each animal lot will become the buyer’s risk at the close of the auction and buyer assumes all risk of loss and damage to the property until removed or delivered. Any issues must be resolved between the buyer and the seller.
Disclaimer: Any person bidding on items in this auction agrees to these terms and conditions and understands that, by bidding, they are entering into a binding contract between themselves and the seller(s) and that they will be held financially responsible for their actions. This includes those people representing parties not present at the sale unless approval is received from the auction company. Neither the owners, auctioneers, sale manager or other affiliated personnel may be held responsible for any accidents that may occur. Midwest Buck Sale LLC acts only as an agent between buyer and seller and may not be held responsible for any livestock or merchandise. It is to be clearly understood that Midwest Buck Sale LLC and its representatives act only as a medium 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. Neither does Midwest Buck Sale LLC assume any financial obligations to collect or enforce the collection of monies between buyer and seller. This catalog has been prepared by the auctioneer from information provided by the seller(s) and is assumed accurate as presented to us. However, Midwest Buck Sale LLC will in no way guarantee age, pedigree, or reproductive status of the animals selling. All exceptions taken and adjustments made are between buyer and seller.
Disclosures: The services hereunder are offered by Midwest Buck Sale LLC and Evie Gates. Auctioneer is registered with the USDA Packers and Stockyards Act and is a Licensed Livestock Dealer by the State of Missouri and has adequate Bonding Requirements.
Your Consent: By using our web site, you are consenting to the collection and use of this information by this auction company. We use email mailing lists to notify our customers about online and live auctions. If your e-mail or other registration information changes, please notify us immediately. If you are receiving a particular mailing and wish to discontinue receiving future mailings, simply forward the received email to us and we will promptly remove your name from our list.
HOLD HARMLESS WHEN ENTERING THE MIDWEST BUCK SALE AND EVENTS.
Each exhibitor, attendee, consignor, or vendor will be solely responsible for any consequential loss, injury or damage done to or occasioned by, or arising from any animal or article exhibited or for sale by him, and shall hold harmless Midwest Buck Sale, LLC, against any and all liability in regard thereto. Midwest Buck Sale, LLC will take reasonable care to insure the safety of exhibits and property, but the owner must take the risk of exhibiting. In no case will Midwest Buck Sale, LLC be responsible for any loss, damage or injury to property or persons while on the Missouri State fairgrounds, or at any other time or place, nor be liable or required to make any payment for damage, loss or injury. All that enter any event or sign up for anything related to the Midwest Buck Sale, agree: “I have read the contract and agree to abide by all Midwest Buck Sale rules and regulations as witnessed by entering the events June 1-4, 2022.
Midwest Buck Sale, LLC All rights Reserved 2018-2022