The following describes the terms whereby BM Livestock
(“BM Livestock,” “We,” “Us,” or “Our”) offers access to our services
through our website, auction.BMlivestock.org (“Website”).
By accessing or using our Website or services (“Services”), you agree to be
bound by these Terms and Conditions (“Terms”). If you do not agree, please do
not use our Services.
We may amend these Terms at any time by posting the updated
version on our Website. Amended Terms will take effect 10 days after they are
initially posted, and your continued use of our Services thereafter constitutes
acceptance of the changes.
1. Eligibility to Use Our Services
• General Access: Viewing
auctions on our Website is free upon completing the registration process.
• Bidding Privileges: To
bid on and purchase livestock through our auctions, you must register for
online bidding approval by submitting an application and, upon approval,
receive a bidder number. Approval is at our sole discretion, and we may refuse
service to anyone at any time.
• Legal Capacity: Our
Services are available only to individuals who are at least 18 years old and
capable of entering into legally binding contracts. If a minor or individual
unable to form a legal contract uses our Services with a parent or guardian,
any bid submitted is binding on the parent or guardian.
• Business Entities: If
registering as or for a business entity, you confirm you have legal authority
to bind that entity to these Terms. If you lack such authority, you will be
personally bound to any bids or obligations in your individual capacity.
• Non-Eligible Users: Those
who do not meet these eligibility requirements should not register or use our
Services.
2. Registration and Account Responsibilities
• Accurate Information: All
information provided during registration must be accurate, current, and complete.
You are responsible for updating your account if any information changes. WP
Livestock is not liable for lost, delayed, or misdirected notices due to
outdated information.
• Privacy: Personal
information is protected per our Privacy Policy, available on our Website
[insert link if applicable].
• Security: You are
responsible for maintaining the confidentiality of your account credentials and
for all activities under your account. Notify us immediately at 712-340-6616
if you suspect unauthorized use.
3. Definitions
• Seller: The party
consigning livestock for sale through our auctions.
• Bidder: The party
submitting an offer to purchase livestock in an auction.
• Auctioneer: BM Livestock
, the entity facilitating the auction.
• Buyer: The Bidder who
submits the successful offer to purchase livestock at the close of an auction.
4. Auction Process and Bidding
• Binding Bids: All bids
are binding offers to purchase. By registering as a Bidder, you agree that
these Terms govern all auctions and sales conducted by BM Livestock.
• Electronic Nature:
Auctions are conducted online, and all parties (Bidders, Buyers, Sellers, and
Auctioneer) rely on hardware and software that may malfunction without warning. BM Livestock is not liable for technical failures beyond our control.
• Announcements: Any
announcements made during an auction (e.g., via the Website or live stream)
take precedence over previously provided materials.
• Approval and Discretion:
BM Livestock reserves the right to:
• Approve or deny bidding
privileges.
• Withdraw livestock from
sale or cancel an auction at any time.
• Resolve disputes between
Bidders, with our decision being final.
5. Seller Responsibilities
• Consignment Details:
Sellers must provide accurate descriptions of livestock, including quantity,
condition, and any required documentation (e.g., health certificates).
• FOB Buyer’s Truck: Unless
otherwise noted, livestock is sold FOB (Free on Board) the Buyer’s truck,
meaning Sellers are responsible for loading, and transportation costs are the
Buyer’s responsibility.
• Title and Compliance:
Sellers warrant they have clear title to the livestock and that it complies
with federal and state inspection requirements.
6. Buyer Responsibilities
• Payment: Buyers must pay
the full purchase price, including any applicable fees or taxes, within 7 days
of the auction close. Accepted payment methods are cash, check, credit/debit
card, or wire transfer. A 3.25% processing fee applies to all credit/debit card
payments.
• Transportation: All
shipping and transportation costs are at the Buyer’s expense unless otherwise
stated.
• Health Documentation: Any
extraordinary health certificates, tests, or documentation required for
shipment (beyond standard requirements) are at the Buyer’s expense.
• Risk of Loss: Title and
risk of loss transfer to the Buyer upon auction close or loading onto the
Buyer’s truck, whichever occurs first.
7. Livestock Sales Terms
• As-Is Basis: All
livestock is sold “as is, where is,” with no warranties from BM Livestock
regarding condition, health, or fitness for purpose, unless expressly stated by
the Seller.
• Inspection: Buyers are
encouraged to review livestock details (e.g., via videos, photos, or
descriptions on the Website) prior to bidding. BM Livestock does not guarantee
Seller representations.
• Federal and State
Compliance: All livestock sales are subject to applicable federal and Alabama
state inspection and health regulations.
8. Fees
• Seller Fees: Sellers may
be subject to consignment fees or commissions as outlined in a separate
agreement with WP Livestock.
• Buyer Fees: A buyer’s premium
or online bidding fee may apply, disclosed at the time of auction.
Additionally, a 3.25% fee applies to credit/debit card payments.
• Non-Payment: If a Buyer
fails to pay within 7 days, BM Livestock may resell the livestock and hold the
original Buyer liable for any resulting loss.
9. Limitation of Liability
• No Guarantee: BM
Livestock does not guarantee the performance, condition, or title of livestock,
nor the identity or financial capacity of Sellers or Buyers.
• Technical Issues: We are
not liable for interruptions, delays, or losses due to technical malfunctions
or unforeseen events.
• Maximum Liability: Our
liability to any User shall not exceed the fees paid to us in connection with
the specific transaction.
10. Disputes and Governing Law
• Resolution: Disputes
between Buyers and Sellers should be resolved directly. BM Livestock may assist
but is not obligated to intervene.
• Governing Law: These
Terms are governed by the laws of the State of IOWA. Any legal action arising
from these Terms will be filed in the courts of AUDUBON County, IOWA.
11. Termination
BM Livestock may suspend or terminate your access to our
Services at our discretion, with or without notice, for violations of these
Terms or conduct detrimental to our operations or other Users.
12. Contact Information
For questions or assistance, contact BM Livestock at:
• Phone: 712-340-6616
• Address: 2586 mockingbird
AVE. EXIRA IA 50076