Terms and Conditions
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 email@example.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.