TERMS & CONDITIONS (CONSIGNORS)

Texas Deer Association (TDA) is acting as a facilitator only between the Consignor and Buyer and shall not be deemed an agent.

Sale Offers – For Deer, Consignor may offer amount due at time of sale of 50%, 25% and 15% of sales price to be paid to TDA, with the balance payable to the Consignor at time of animal delivery/pickup.  For Deer Semen, amount due at time of sale is 100% of sales price to be paid to TDA.

Description & Guarantee – Consignor shall make all reasonable efforts to ensure the accuracy of the information provided for each lot submitted for the sale.  Guarantees and representations are strictly between Consignor and Buyer.  Neither TDA nor the Auctioneer assumes any liability for misrepresentations, errors or omissions in the information or photographs provided by the Consignor and will make no guarantees expressed or implied as to the accuracy or suitability of the Consignors’ lots for any use or purpose.

Buy-Backs – Consignor agrees to advise TDA of any Buy-Back immediately after each sale and agrees to pay a 2.5% administration charge should failure to advise TDA immediately, requiring a re-invoicing.  If the Consignor does not desire to sell the lot for the last announced price in the auction, they may “buy-back” the lot by personally bidding on that lot themselves or through a designated agent, which includes the Auctioneer.

Cancellations/Pulls/Scratches – Any lot removed from the auction by the Consignor AFTER the Auction Catalog has been finalized will result in a $750 fee unless the lot is replaced on a timely basis with a like kind and/or value offered for sale.

Commission – Consignor agrees to pay a 8% Commission on sales price or the last announced price for a Buy-Back, or a minimum commission of $150, whichever is greater.  If the lot is split, the minimum commission shall apply to the aggregate sales price.

Consignment (Lot) Fee – Consignor agrees to pay TDA a non-refundable Consignment Fee of $100 per lot for entry into the sale.  This fee may be either deducted from the Consignor’s sale proceeds, if applicable, or invoiced.

Settlement – Consignor agrees to be paid within 10 – 15 banking days of TDA’s receipt of payment from the Buyer.  Such payment to the Consignor will be monies collected from the Buyer less related Commission & Consignment Fees AND any other monies owed by Consignor to TDA.  If Consignor has not received payment from TDA for a lot, the Consignor agrees to confirm with TDA the receipt of amount due PRIOR to releasing the Deer or Deer Semen to the Buyer.

Transfer of Possession – Consignor agrees to maintain, in good condition, possession of the Deer or Deer Semen until full settlement is made and lot has been transferred to Buyer, within the time frame described above.

Liability & Assumption of Risk – All persons who attend the auction sale, do so at their own risk.  Neither the TDA, its Auctioneer, its Employees or Directors assume any liability, legal or otherwise, for any accidents or miscommunications that may occur.

Contract – Only completed consignment application forms will be accepted.  Submission and acceptance of a consignment constitutes a contract for TDA to sell the lot and may not be voided, except upon mutual agreement.  Once the Auctioneer announces “SOLD”, a contract is created solely between the Consignor and the Buyer, and a bidder sheet will be presented to the Buyer for their immediate acknowledgement via signature (and bidder #).  TDA is an independent contractor and expressly disclaims any agency relationship between the Consignor or Buyer.

TERMS & CONDITIONS (BUYERS)

Within a reasonable time by agreement with the Consignor (Seller), Buyers shall pay and take possession of purchased animal or property as stated in the Auction Catalog. Failure to do so will invalidate the sale and any monies paid or rights to purchase said animal or property will be forfeited without refund and may subject Buyer to action of TDA Ethics Committee (and removal of good standing).

Buyers – Prior to bidding, all prospective Buyers must register and receive a bidder number to be used during the bidding process of the auction.  By registering as a Buyer, the Buyer agrees to the Terms & Conditions of the auction.

Description & Guarantee – Representations and guarantees are strictly between the individual Consignor and Buyer.  Consignors are responsible for the accuracy of the information provided for each lot submitted for the sale.  Neither TDA nor the Auctioneer assumes any liability for misrepresentations, errors or omissions in the information or photographs provided by the Consignor and will make no warranties expressed or implied as to the accuracy or suitability of the Consignors’ lots.

Bidding – Each auction lot will be sold at a stated sales price to the highest bidder, as determined by the Auctioneer.

Bidding Disputes – The Auctioneer will settle any dispute as to bids and his decision will be final.

Buy-Backs - Buyer agrees to advise TDA of any Buy-Back immediately after each sale and agrees to pay a 2.5% administration charge should failure to advise TDA immediately, requiring a re-invoicing.  

Announcements – Announcements from the auction block shall take precedence over Auction Catalog or any other printed/digital materials.

Online Bidding – As a convenience, internet online bidding is offered to prospective Buyers who register in advance with the internet simulcast provider (DV Auction).  Online bidders agree that the only way to ensure acceptance of a bid is to be present at the sale, and TDA and the Consignor shall not be responsible in the event of loss of connection and/or technical difficulties.  Online bidders recognize that internet broadcasts are best viewed using high-speed internet access (for example, DSL, T-1, Cable, Satellite & Wireless not below 400kbps connection).  Online bidders agree to call the TDA office by the Tuesday following the sale to advise TDA of any buy-back and/or to make arrangements to pay.

Payment – Payment (cash, check or credit card) is due immediately following the close of the auction.  Buyers agree to pay 50% of sale price on Deer (unless stated or announced at time of sale to be 25% or 15%), and 100% of sale price on Deer Semen.  Buyers agree to 1.5% finance charge (per month) on unpaid balances due to TDA after 30 days.  For online bidders, see Online Bidding above.

Transfer of Possession – Consignor agrees to maintain, in good condition, possession of the Deer or Deer Semen until full settlement is made and lot has been transferred to Buyer, within the time frame described above.  Delivery/pick-up of Deer or Deer Semen and associated costs/charges negotiated are between the Consignor and Buyer, with no duty or liability shared by TDA.

Liability & Assumption of Risk – All persons who attend the auction sale, do so at their own risk.  Neither the TDA, its Auctioneer, its Employees or Directors assume any liability, legal or otherwise, for any accidents or miscommunications that may occur.

Contract – Once the Auctioneer announces “SOLD”, a contract is created solely between the Consignor and the Buyer, and a bidder sheet will be submitted to the Buyer for their immediate acknowledgement via signature (and bidder #).   TDA is an independent contractor and expressly disclaims any agency relationship between the Consignor or Buyer.