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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 Market: Listings and 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 the 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.
Disclaimer of Warranties
YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE OR THAT AN UNACCEPTED OR LOSING INTERNET BID WON'T OCCUR. AUCTIONS CAN BE INTERRUPTED BY NUCLEAR ATTACKS, EMPS AND SOLAR FLARES.
Limitation of Liability.
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. To the extent permitted by applicable law, ConneXion is not liable, and you agree to not hold ConneXion responsible, for any damages or losses resulting directly or indirectly from:
- Your use of or your inability to use our website and/or Services, or the content materials and functions related thereto;
- Delays or disruptions in our Services;
- Glitches, bugs, errors, or inaccuracies of any kind in our Services; or
- Content, actions, or inactions of third parties, including items listed using our Services.
Termination of Use.
ConneXion may, at its sole discretion, refuse to accept a person's (or entity's) registration, and may, at any time after accepting registration, may terminate or refuse to permit a person's (or entity's) continuing use of the Services and the Website for any reason without notice.
If an entity places a bid, then the person executing the bid on behalf of the entity agrees to personally guarantee payment for any successful bid.
You may be able to access third-party websites or services via the Services, including but not limited to Seller's websites and catalogs, Livestock Auction websites and information, and Auctioneer websites and information. ConneXion is not responsible for third-party websites, services, or material available through those third-party services. You are solely responsible for your dealings with third-parties.
You are responsible for your user profile, ID and passwords. If you allow someone else access to use your user profile and ID and they use it to bid on livestock and are the highest bid accepted by the auctioneer, then you are responsible for completing the transaction and paying for the livestock. Therefore, it is highly recommended that you keep your user profile, ID and password secret and allow no one else to use it. If you are logged in with your user profile and ID and it is used to bid by you or someone else then you will be responsible for payment of those livestock where the auctioneer accepts such bid and such bid is the high bid.
Amendments and Changes to Agreement. At any time, ConneXion may change or amend any or all of these terms. Any changes or amendments will be reflected on the website. Your use of the services after the date the change becomes effective will be your consent to the changed terms. If you do not agree to the changes, you must stop using the Services. Otherwise, the new terms will apply to you.
No third-party beneficiaries. This Agreement is solely for your and ConneXion's benefit. It is not for the benefit of any other person or entity, except for ConneXion's owners, successors and assigns.
If any provision of this agreement is deemed to be invalid or unenforceable, such provision shall be stricken and the remaining provisions shall be interpreted in such a way as to carry out the intent of the parties to the greatest extent possible.
Terms of Buyers and Sellers
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.
CONSIGNMENTS: Sellers consign Livestock to be represented for Sale by ConneXion and its agents. Sellers should register an account with ConneXion upon consignment. By Consigning cattle to ConneXion, either by Listing or Auction, Seller is committing exclusively for 30 days or the selected Auction Date with ConneXion and no other marketing firm or agent. Any other Broker/Buyer must purchase the livestock thru ConneXion during the 30 days period. After 30 Days, Sellers are no longer obligated to sell thru ConneXion, but you may keep your listing active. If the Listing remains active after 30 days, the Seller must notify ConneXion FIRST before selling thru a different channel. Seller is obligated to sell thru ConneXion if a Buyer agrees to the asking price on ConneXion if the listing has not been cancelled.
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 escrow 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.
All payments will be processed via Cash Cow Escrow (NMLS #2123736).BUYER agrees to and must pay 100% of Gross Contract amount LESS partial Payment, Five Business Days prior to delivery as scheduled by ConneXion. Cash Cow Escrow 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 Escrow for a maximum of 36 hours after delivery. All Payments in USD. 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.
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 $100 per head for every animal not delivered under the 5%.
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 Livestock are sold as FOB-Shipping-Point unless otherwise noted. 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.
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.
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: Bred Cattle Must be Weighed. 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.
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 Feeder lots greater than 1,000 head. Seller agrees to pay ConneXion a commission of 3% of gross proceeds for bred cows, bred heifers, and Bulls. The minimum commission charge is $10.00 per head.
SALES FEES: No Cap on Fees. Fees May be negotiable depending on the event. Inquire with the Sales Manager for an estimate. Production Sale Fees Separate. In the event of a "No-Sale" in an Auction, Seller must pay a $5 No-Sale Fee to the last successful Bidder via ConneXion.
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.
In the event of failure on the part of either the Buyer or Seller (Parties), to fully perform under the terms of this Agreement, or if a compromise cannot be reached between ConneXion, Buyer & Seller; 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:
In the Event of BUYER Default; BUYER forfeits their $100 per head down payment ($90 to Seller, $10 to ConneXion) or more if it is deemed that damages to Seller exceed $90 per head. Buyer Default may include but is not limited to: Failure to accept within 5% of the contracted gross weight (with respect to legal limits), failure to accept livestock within the agreed upon shipping date range, failure to pay for livestock as described in the contract.
In the Event of SELLER Default; SELLER must pay $100 per head to Buyer in addition to repaying the down payment ($90 to Buyer, $10 to ConneXion). Seller Default may include but is not limited to: Failure to provide within 5% of the contracted head count, failure to deliver cattle within the agreed upon shipping date range, failure to provide livestock as described in the contract.
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.
ConneXion offers the service of ONLINE CLASSIFIED ADVERTISING.
Terms & Conditions of Classified & For Sale by Owner Ads. Hereinafter known as "classified ads."
All new classified ads will be screened by the system administrator. If an ad does not to conform to below guidelines set by ConneXion, the ad may be edited, deleted or suspended at ConneXion's discretion without refund.
ConneXion is NOT an agent, broker, or dealer in trucks, trailers, equipment, saddles, or tack and does not receive any commission on classified ads.
Listings may be deleted at any time.
ConneXion Classifieds acts as a venue for listing items for sale. We are not involved in the actual transaction between buyers and sellers. Because we are not involved in the actual transaction between buyers and sellers, in the event you have a dispute with one or more users, you release ConneXion and its owners, agents, subsidiaries and employees from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such disputes.
ALL GUARANTEES ARE BETWEEN BUYER AND SELLER.
ConneXion does not guarantee the sale of any classified item posted on ConneXion. ConneXion does not guarantee the owner/seller's services, representations. ConneXion does not guarantee or warrant the performance of any person or entity advertising on its site. ConneXion does not control the content posted on the site and, as such, does not guarantee the accuracy, integrity or quality of such content.
ConneXion does NOT have any sort of program to insure receipt of your purchases from third parties. We recommend that you place insurance and tracking on all items.
Owners are responsible to proofread ads and confirm that correct photos are appearing on ads. Owners are responsible for early deletion of ads. Owners are responsible for marking items Sold.
Service interruptions are possible. ConneXion cannot guarantee uninterrupted service due to circumstances beyond our control.
Always PRINT and KEEP a copy of any ad used to buy or sell a horse on our site. WE DO NOT KEEP ANY KIND OF ARCHIVE OF DELETED OR EXPIRED ADS.
RIGHT TO REFUSE SERVICE:
We reserve the right to refuse service to anyone for any reason.
EDITORIAL CHANGES - EDITING of ADS:
All advertisement listings are subject to reasonable editorial changes or deletion.
ConneXion reserves the right to edit ads at its discretion. ConneXion actively edits ads. We do this for a variety of reasons, to include but not be limited to; the correction of gross misspellings, improved search engine optimization, removal of inappropriate content, to better describe sales items, to shorten ad titles, to remove video links, to remove unnecessary symbols.
Slanderous, malicious, warning, or ANY KIND OF DEROGATORY ads are not permitted on ConneXion. Profanity and harassment are not allowed on ConneXion.
If you have a complaint about a seller on our system, please contact us with the details. If we suspect that a seller is participating in any sort of questionable or fraudulent activity via our site, engaging in any sort of false or misleading advertising, etc., we will disable that seller's account without notice at our own discretion.
This site has no age restrictions and is intended for use by the general public. Any and all profanity, pornography and content of questionable intent, including racial slurs and propaganda, is a violation of the site use rules. The content will be immediately removed, and the violator will be prosecuted to the full extent of Montana law.
SOLICITATION AND SCAMMING:
Solicitation or spamming of other ConneXion users through our site or ads is not allowed. If you send any type of unsolicited email (spam) to other users of our site advertising your own services, your account will be disabled and your ads will be deleted, your email will be blocked from further ad responses, and you will be marked on our site as a spammer.
If you see a slanderous or malicious ad on our site or receive unsolicited email (spam) from another user such as someone trying to sell you their own services via our ad response form, please report the scammer/spammer through your online ad responses.
If you see a possible stolen or missing - livestock or equipment listed on our site for sale, please contact us and it will be removed as soon as possible.
YOUR PRIVACY, ETC.:
ConneXion is not responsible for photos lost or damaged in the mail. ConneXion is not responsible for typos or accidental errors appearing on advertisements. All fees paid are non-refundable. We reserve the right to delete ads for sold items without notice to seller.
By using this service, all users, sellers, and buyers agree to the above terms entirely.
Copyrighted Images, Proofs, Etc.
ConneXion cannot be held responsible for violations created by its users and/or customers. These violations include, but are not limited to: copyright violation, trademark violations, trade names or patents, or other content which is in violation of any local, state or federal laws.
Our customers are solely responsible for obtaining express permission from professional photographers, subjects, etc. to display images on our site. We will not accept any images labeled "PROOF" for use on our web site. If there is a visible photographer's signature or label on the face of a photo, we "WILL" remove this information from the digital image that we display. If we are informed of copyright violations created by our customers, we will remove disputed images from the site without refund or prior notice to the offender. ConneXion may, in appropriate circumstances and at its own discretion, disable and/or terminate the accounts of users who have infringed on the copyrights of others. If you are a photographer, please be sure to contact your customer directly about their inappropriate use of your photo.
At this time we will allow website links in the ads. If you include a web address (url) in your ad you cannot use any verbiage that implies that you have anything else for sale.
EXAMPLE: You CAN NOT WRITE "Check out our other Horses at www.otherdomain.com"
Note: If you do we will edit your ad. If you do it a second time, your ad will be deleted and no refund will be given.