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These Bidder User Terms (these "Bidder Terms") govern your access to and use of our Services as a Bidder. The Services can be accessed through www.livestockdepotllc.com . These Bidder Terms, shall be incorporated into the Terms of Use for AuctionTime, Equipment facts, Livestock Market, and Equine Market, located here Terms of Use, and are collectively referred to herein as the "Terms." All terms used (including capitalized terms) and not defined herein shall have the meanings ascribed to them in the Terms of Use for AuctionTime, Equipment facts, Livestock Market, and Equine Market.
Your account must be registered with and approved by us, in our sole discretion, before you can use our Services as Bidder.
We are not the owner, seller or auctioneer of the Listed Item(s) on our Sites. We do not inspect Listed Item(s), validate a Seller's ownership of or authority to sell Listed Item(s), or provide any representations or warranties concerning Listed Item(s). Bidding on the Listed Item(s) is conducted at your own risk, and any resulting transaction for Listed Item(s) is solely between you and the Seller. We do not supervise, direct, or control Sellers. You understand and agree that we will not be liable for Listed Item(s) that you bid on, the acts or omissions of Sellers, or for any proposed or completed transactions between you and a Seller. You understand and agree it is your responsibility to verify all claims of the Seller.
We are not in the business of the selling or buying of any Listed Item(s) on a commission basis. We do not take any Listed Item(s) on consignment. All transactions and the terms of any agreements that may occur between Sellers and Bidders or users of our Site or Services are determined solely through Seller and Bidder, user to user interaction and agreement. We are not acting as an employee, agent, representative, broker, dealer, marketing agency, or marketing agent of any Seller, Bidder, or user of our Site or Services. We do not produce, handle, hold, ship, feed, process, distribute, transport, deliver, or take possession of any Listed Item(s) at any time.
We do not collect, handle, or remit any money, payments, checkoff fees, receivables or proceeds from any transaction that may occur between Sellers and Bidders for the sale or purchase of livestock, poultry, or any other type of animals or any users of our Site or Services concerning the sale or purchase of livestock, poultry, or any other type of animals. We are not registered with the U.S. Department of Agriculture, Grain Inspection, Packers and Stockyards Administration Packers and Stockyards Program, pursuant to the provisions of the Packers and Stockyards Act, 1921, as amended and supplemented (7 U.S.C. 181 et seq.). We are not bonded for the protection of Sellers or Bidders or any user of our Site or Services.
The auction dates, information, descriptions, and prices for Listed Item(s) are determined by the Seller and may be subject to change. Listed Item(s) may be used and may contain defects. We do not inspect or confirm the condition of the Listed Item(s). We do not verify the accuracy of, or control, the information and details provided by Sellers concerning the Listed Item(s). We do not guarantee that Sellers have or maintain proper bonds or any bonds which Sellers may be required to maintain pursuant to applicable laws, rules, and regulations including but not limited to bonds required by the Packers and Stockyards Act, 1921, as amended and supplemented (7 U.S.C. 181 et seq.) or any other laws requiring bonds for the sale of livestock or purchasing of livestock.
We also do not guarantee that Sellers have or maintain proper auctioneers’ licenses, or any other licenses or registrations required by applicable laws, rules or regulation, or that Sellers comply with applicable laws, rules, or regulations. You should take appropriate steps to verify the accuracy of the Listed Item descriptions. You should also take appropriate steps to inspect or validate the condition of Listed Item(s) prior to bidding on and receiving Listed Item(s). We are not responsible for any errors or omissions in the content of any Listed Item(s). We reserve the right, in our sole discretion, to (I) withdraw any Listed Item(s) from our Services; (ii) amend the information in a Listed Item; or (iii) cancel any proposed bid for Listed Item(s) that we deem to be suspicious or fraudulent and report such bid to applicable authorities.
A Seller may post additional terms and conditions for their Listed Item(s) (the “User Posted Terms”). User Posted Terms are between you and the Seller and are separate from these Terms. You are solely responsible for reading and understanding any User Posted Terms prior to placing a bid on such Listed Item(s). We do not create, review, negotiate, or enforce User Posted Terms. If you do not agree to the applicable User Posted Terms, you should not place a bid on the Listed Item(s).
In addition to the price of Listed Item(s), Sellers may charge a buyer’s premium (which is an additional fee that a winning bidder is required to pay above the auction price) as well as shipping, handling, and other fees. These fees are set by the Seller and may be subject to change depending on the Seller and the Listed Item(s).
A Seller may require a Bidder to separately register with it prior to bidding on the Seller's Listed Item(s) and may permit or deny the additional registration at its sole discretion.
We are not responsible for the care, loading, transportation, delivery, or risk of loss for any Listed Item(s). We are not responsible for the risk of loss of Listed item(s) due to injury or death of the Listed Item(s) at any time. Except as otherwise set forth in any User Posted Terms, the Bidder with the winning bid will be responsible for compliance with all laws and regulatory requirements applicable to the transportation of the Listed Item(s). Except as otherwise set forth in any User Posted Terms, the Bidder with the winning bid will be responsible for all freight, shipping, and other costs related to transporting the Listed Item(s). These costs may include feeding, watering, dismantling, special handling, loading, transportation costs, and permits required to move the Listed Item(s) to the Bidder’s desired location. You should confirm transportation, delivery and risk of loss information with the Seller and your designated transportation provider.
Additionally, except as otherwise fully set forth in User Posted Terms, the Bidder with the winning bid will be responsible for obtaining and providing all health certificates, health documentation, and testing required for the shipment and transportation of the Listed Item(s). Furthermore, except as otherwise fully set forth in User Posted Terms, the Bidder with the winning bid shall be responsible for complying with all health entry requirements for the Listed Item(s) for the state of entry. In no event shall we have any responsibility for the transportation of Listed Item(s) or for any risk of loss or liability related to Listed Item(s).
You understand, acknowledge, and agree that:
Any deliberate attempt to artificially influence the sale price of any Listed Item(s), directly or indirectly, including but not limited to bidding through a secondary account, agent, or representative, bidding on Listed Item(s) that you may also be selling, communicating with other Bidders, or shill bidding is expressly prohibited.
In addition to the indemnification provisions set forth in the Terms of Use for AuctionTime, Equipment facts, Livestock Market, and Equine Market, you agree to indemnify, defend, and hold harmless the Indemnified Parties from and against any and all damages, costs, claims or liability (including reasonable attorneys' fees) arising out of or resulting from any injuries to persons or property of any type, occurring during your or your agent's inspection of property, or your or your agent's presence at a Seller's site, or resulting from the sale, removal, use or operations of any Listed Item(s).
In the event of a conflict between the provisions set forth in these Bidder Terms and the Terms of Use for AuctionTime, Equipment facts, Livestock Market, and Equine Market, the Terms of Use for AuctionTime, Equipment facts, Livestock Market, and Equine Market shall prevail.