This is an agreement between you and Montana Cattle ConneXion LLC / ConneXion Livestock / Robbie Cattle Company Inc. and its owners (hereinafter "ConneXion") that describes your rights to use the website and its services. In order to bid on and purchase livestock, you must read, agree with and accept all of the terms ("this Agreement"). You should read the entire Agreement because all of the terms are important and together create a legal agreement that, once accepted by you, applies to you. Cattle Slide explanation and obligations of the buyer and seller are below.
By Bidding on any lot on the ConneXion site you also agree to the specific Terms & Conditions of that specific lot and/or the Event itself.
ConneXion Livestock Online Auctions
ConneXion's services at this website are available only to, and may be used only by, persons who are able to enter into legally binding contracts. If you are an individual, you must be at least 18 years of age. If you are registering as a business, you represent that you have the authority to bind that entity to this agreement.
ConneXion is a sales platform that allows users to bid, make offers and purchases of livestock online.
ConneXion provides the Services and the website so that Sellers may offer livestock for sale and Buyers may place offers to purchase offered livestock. ConneXion is an agent, representative, broker of Buyers & Sellers on the Auction Platform. No Buyer, Seller, Livestock Auctions, or Auctioneers is an agent, representative, broker, employee or partner of ConneXion. This Agreement shall not be interpreted or construed to create an association, agency, or partnership between the parties.
ConneXion is solely responsible for the approval of online bidders at that sale. ConneXion reserves the right to determine whether to accept bidders and bids based on whatever factors that ConneXion or Seller uses for such decisions.
You acknowledge and agree that by placing a bid on livestock, you represent and warrant that you shall not misrepresent your ability to close the transaction pursuant to the terms and conditions of sale, that you have the capacity to close the transaction, that you have actual authority to enter a bid.
All bids are between the Buyer and ConneXion. When you commit to buy an item (bid), you enter into a legally binding, non-rescindable contract to purchase with ConneXion and you are agreeing to be bound by the terms and conditions. Once your bid has been accepted, you are obligated to complete the transaction with the Livestock Auction in accordance with the terms and conditions of that consignment.
Auctioneer's and Livestock Auction's Discretion. There may be occasions when more than one bidder believes they are the winning bidder. The Auctioneer and/or the Livestock Auction have the right at his/her/their/its absolute and sole discretion to refuse any internet bid, to advance the bidding in such a manner as he/she/they/it may decide. In the case of error or dispute, and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to re offer and resell the item in dispute. The Auctioneer and/or Livestock Auction's determination shall be final.
Upon submitting the winning bid and winning a sale lot, Buyer owns the livestock if they are the highest bid and Buyer's bid has been accepted by the auctioneer. The Buyer cannot thereafter reject the livestock unless such rejection is otherwise consistent with the Terms of Buyers and Sellers after Sale, the terms and provisions of which are incorporated herein by reference.
Terms of Buyers and Sellers after Sale
BUYER REGISTRATION: Each bidder must be properly registered and have a ConneXion Buyer’s Number to bid. By registering you agree to all of ConneXion’s Terms & Conditions.
DISPUTE: The decision of the Sale Manager & ConneXion shall be final and absolute. The Sale Manager & ConneXion reserves the right to reject any and all bids. The record of sale kept by the Sale Manager and clerk will be taken as final in the event of any dispute. ConneXion reserves the right to refuse any bid at the time of the sale. ConneXion expressly disclaims warranties of any kind, express or implied, including without limitation, any warranty of merchantability or fitness for a particular purpose. No written or oral information given by ConneXion shall create a warranty for the content of the website and neither Buyer nor Seller may reasonably rely on such information.
Buyer agrees to pay ConneXion for the benefits of Seller, $100.00 per head as part payment upon entering into this contract.
Seller acknowledges that it has received from ConneXion $90.00 per head as part payment for the livestock and agrees that the remaining balance is to be held in a ConneXion Trust account for shipper’s proceeds, as a deposit on commission, until delivery, when the actual commission can be determined.
If Buyer defaults or otherwise fails to take delivery, he will forfeit his $100.00/head part payment. In addition if either Buyer or Seller defaults, the defaulting party shall be liable for actual and incidental damages as are permitted by the Uniform Commercial Code, plus court costs and reasonable attorney’s fees.
PAYMENT: All payments will be processed via Trust Account. BUYER agrees to and must pay 100% of Gross Contract amount LESS partial Payment, Five Business Days prior to delivery as scheduled by ConneXion. Trust Account will hold Proceeds until Delivery of said LIVESTOCK. Upon receiving possession of, and inspecting LIVESTOCK, BUYER will approve Payment Disbursements within 24 hours of delivery. SELLER agrees to payments to be held in Trust for a maximum of 36 hours after delivery. Final Disbursement/Payment Amounts are to be paid to Seller as calculated by ConneXion and agreed to by BUYER & SELLER. Any adjustments to final pay weight, price and slides will be billed separately or refunded as needed.
In the event of multiple shipments on consecutive days, full payment will be required Five Business days prior to first delivery. In the event of multiple shipments on non-consecutive days, payment will be required Five Business Days prior to each delivery.
ConneXion Terms & Definitions
BASE WEIGHT: Is the estimated average pay weight of the cattle on the day of delivery.
SLIDE EXPLANATION: Example: A lot with a 650# base weight sells for $200/cwt. If cattle weigh 651# on a 10 cent slide the price would be $199.90, 660#- $199.00, etc.
COST OF GAIN SLIDE: Any Weight over Base Weight will be sold at a rate of $0.75 per Pound. 600# @ $150.00 cwt = $900/ Hd. If actual Weight is 610 # then Price per head equals 600 x $150 cwt = $900. Then, +10# x $0.75 = $7.50 then Final $$ per Head = $907.50 / Hd Total. (Additional Weight is paid at industry average cost of gain.)
BUYER INSURANCE (MANDATORY): If the Lot is advertised with a SLIDE STOP. All weight over the 25 lbs allowance is free to the buyer.
BRED COW SLIDE: There will be a 25 pound allowance from the base weight, and the slide will be 80 cents per pound under the slide weight on bred heifers and 50 cents per pound under slide weight on the bred cows unless otherwise stated.
INSPECTION AND WARRANTIES: Seller shall deliver within 5% of the stated number of livestock on contract. In the event Seller fails to deliver within 5% of the stated number of Livestock on contract, Seller will be liable for replacing any cattle not delivered with cattle of equal size and quantity OR make the necessary freight adjustment to Buyer. If Buyer demands replacement of cattle or freight adjustment, it will be at Seller’s expense and Buyer’s approval. Buyer, his agent, or ConneXion shall have the right at delivery to sort and reject any stags, crippled, blind, loco, lump-jawed or otherwise unmerchantable cattle; any other cattle that are not described in this contract; or cattle that do not fit the specifications of this contract as determined by ConneXion.
NO WARRANTY: All cattle are sold FOB Shipping Point. Buyer shall notify ConneXion of any grievance regarding any livestock within twenty four (24) hours after possession. ConneXion makes no guarantees as to the performance and health of any livestock and is not responsible for loss or damages. ConneXion, in acting as an agent for Buyer and Seller, makes no representations, warranty or in any way guarantees performance. The parties both agree that after payment of the money as described in the provision, they release ConneXion, its representatives, members and employees from all responsibility for any loss or damages. In no event shall ConneXion be liable for lost profits or any special, incidental consequential damages however arising. ConneXion expressly disclaims warranties of any kind, express or implied, including without limitation, any warranty of merchantability or fitness for a particular purpose. No written or oral information given by ConneXion shall create a warranty for the content of the website and neither Buyer nor Seller may reasonably rely on such information.
WEIGHT VARIANCE: All cattle on a contract must weigh within an acceptable range as Described in the contract. Calculated as Average Weight plus or minus x% on either side of average. Descriptions and percentages as seen in the following scale:
Even = Avg Weight +/- 10%, Fairly Even= +/- 15%, Uneven= +/- 20%, Very Uneven= +/- 25%.
FREIGHT ADJUSTMENT: No adjustments will be given on cattle that weigh below the estimated base weight if the head count is within 5% of the contract. Buyer is not required to accept a specific number of cattle sold, if they exceed the base weight. Buyer must compute the number of loads from gross weight on livestock contract and have enough trucks available at delivery.
WEIGHING CONDITIONS: All cattle will be weighed on a certified scale according to weighing conditions stated in the Livestock Contract. No cattle will be delivered or weighed on days when the temperatures are 10 below zero or more.
HEALTH: Seller shall furnish to buyer any brand and health certificate required by Federal and State law. Buyer is responsible for notifying ConneXion when health certificates are needed.
SPLIT LOADS: Heifer price will be a set dollar amount/cwt as stated in the lot information back of the original price of the steers.
BRED CATTLE: Bred cattle are to be pregnancy checked and aged by a licensed veterinarian (at seller’s expense) within 30 days prior to sale. Buyer has 7 days upon possession to confirm pregnancy. After 7 days, Seller & ConneXion will have no further liability for cattle that are not pregnant. Heifers that are sold as Open Feeder Heifers will be pregnancy checked by a licensed veterinarian (at seller’s expense) within 30 days prior to delivery. A veterinarian’s certificate must accompany cattle.
BRED CATTLE SLIDE EXPLANATION: All breeding cattle will be sold on a sliding scale on the bottom side only. There will be a 25 pound allowance from the base weight and the slide will be 80 cents per pound under the weight on bred heifers and 50 cents per pound under slide weight on the bred cows unless otherwise stated. Bred cattle will also be bangs vaccinated with a legible tattoo, unless otherwise stated.
COMMISSION: Seller agrees to pay ConneXion a commission of 2% of the gross proceeds of the sale for calf & feeder contracts, 1.5% commission on lots greater than 500 head. Seller agrees to pay ConneXion a commission of 2.5 % of gross proceeds for bred cows, bred heifers, and Bulls. The minimum commission charge is $10.00 per head.
SPECIAL SALES FEES: Special Sales Fees of $5.00 per head for Bred Cow Dispersion. No Cap on Fees. Fees May be negotiable depending on the event. Inquire with the Sales Manager for an estimate. Production Sale Fees Seperate.
DESIGNATION OF AGENT: By entering into this Agreement and the placement and acceptance of a bid, Buyer and Seller acknowledge and agree that they have provided ConneXion with the actual authority to assist with consummating the transaction.
LIEN: Seller warrants that he has good and marketable title to the livestock and that the livestock will be delivered free from all security interests, liens or encumbrances unless otherwise stated on consignment contract.
DEFAULT: In the event of failure on the part of either the Buyer or Seller (Parties), to fully perform under the terms of this Agreement, the non-defaulting party may pursue any available remedy at law or equity including specific performances against the defaulting party. In addition, the successful party in any action brought to enforce this agreement shall be entitled to costs and reasonable attorney’s fees as determined by the Court. In the event of a default and upon receipt of written notice clearly stating the default, ConneXion shall deliver the balance of the down payment to the non-defaulting party or in the event of a dispute concerning the performance by either party, ConneXion may deposit the down payment into an interest bearing account and shall place both parties names on the account which shall require a signature from both parties to remove any of the money. Upon payment of the down payment as provided for in this paragraph, its members, employees and representatives shall be released from any further liability and have no other obligations to either party. The parties understand and agree that ConneXion does not guarantee the performance of either party and is not a “Party” to this agreement. The parties further understand and agree that all warranties either expressed or implied are between parties. The parties both agree that after payment of the money as described in the provision, they release ConneXion, its representatives, members and employees from all responsibility for any default by either party. In no event shall ConneXion be liable for lost profits or any special, incidental consequential damages however arising.
SECURITY AGREEMENT: Buyer hereby grants ConneXion a security interest in the livestock described herein including the products and proceeds thereof, until such time as final payment of the full purchase price of said livestock is made by wire transfer of funds or until ConneXion actually receives final payment on any payment item issued. Default shall exist if final payment is not received within one day from the date the buyer takes possession of the livestock described herein, or upon the death, bankruptcy or insolvency of the buyer or upon the sale of said livestock without prior written permission. Upon default, ConneXion with or without notice, may exercise any and all rights accorded it by law. Interest Fees on Late Payments of 1.5% will be applied to all late payments of 3 days or more.
The parties to this Agreement agree that in the event of any dispute, lawsuit, claim or other legal action brought to enforce the terms of this Agreement shall be brought exclusively in the District Court of Stillwater County or other Federal Court having proper jurisdiction within Montana. The parties submit to such jurisdiction and waive any objection to venue or claim on an inconvenient forum.