Roundup Internet Livestock Marketing, Inc. (Roundup)
General Terms and Conditions
THE FOLLOWING DESCRIBES THE TERMS ON WHICH ROUNDUP
OFFERS YOU ACCESS TO OUR SERVICES
The following terms and conditions are applicable to all sales and purchases through our website. Each seller and buyer will be required to enter into a signed agreement with us prior to consummating a sale or purchase, which will supplement the terms below. Consignors or their representative will abide by the contract on the front and back of the consignment contract. Buyers agree to the terms of the livestock purchase agreement (link at bottom of page) in addition to roundup general terms and conditions.
We may amend these terms and conditions at any time by posting the amended terms on our site. The amended terms shall automatically be effective 10 days after they are initially posted on our site. The terms and conditions were last revised on February 1, 2011.
- Eligibility to use our site. Our services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available for minors. If you do not qualify, please do not use our services. We may refuse our services to anyone at any time, in our sole discretion.
- Fees. Joining roundupcattle.com is free. You are responsible for paying all applicable taxes and for all service and other costs you incur to bid or buy from us. A commission for Roundup will be deducted from the final payment for completed sales.
- General Terms.
- Shipping dates will be at the seller's option unless otherwise stated. Lots under 300 head will ship on one day unless otherwise indicated. Lots of 300 head or more may ship on two days or more unless otherwise indicated.
- Any announcements at the time of auction or bidding will take precedence over material previously provided.
- Cattle are sold FOB buyers trucks.
- All cattle sold through roundupcattle.com are purchased subject to federal and state inspection.
- Contract does not include any crippled, blind, diseased or otherwise un-merchantable livestock.
- Consignor agrees to comply with federal and state health regulations.
- Consignor shall provide at own expense brand or standard health certificates required by state or federal law.
- Any extraordinary health certificates, tests, or documentation are required for shipment shall be at Buyer's expense.
- Weighing and brand inspection to be paid by Consignor.
- All sorting to be done by Roundup representative.
- If Buyer or Buyer Representative is present at delivery, any claims of contract deviances will be negotiated prior to loading livestock on trucks.
- If Buyer is not represented at delivery, it will be the responsibility of Roundup to inform buyer of any deviances and negotiate a settlement prior to loading on buyer's trucks.
- Receipt of partial payment confirms intent to purchase under Terms and Conditions of Roundup contracts and livestock purchase agreement.
- A partial payment of $30 will be paid to the seller and $40 will be collected from the buyer. The $10 per head received from Buyer and not paid to Seller will be held in Agents custodial account for Shippers' Proceeds as a deposit on commission until delivery, when the actual commission can be determined.
- Stocker and Feeder Cattle. The following conditions apply specifically to the sale of Stocker and Feeder Cattle.
- Consignments are sold by the hundredweight, unless otherwise stated. Example: a bid of $110.75 represents a binding offer to purchase said lot for $110.75/CWT or $1.1075/lb.
- All cattle are sold on an up only slide, as indicated in the catalog listing, and the slide starts at 1# over the base weight.
- This is a load lot sale. A load of cattle is 42,000 to 50,000 pounds, unless otherwise stated.
- Freight adjustments may be deducted from seller’s payment in the event seller fails to deliver within 95% of contracted head-count of deliverable cattle. No freight adjustment is warranted when head-count is presented but cattle are underweight.
- Breeding Stock. The following conditions apply specifically to the sale of Breeding Stock.
- Consignments are sold by the head unless otherwise indicated.
- The partial payment will be calculated at a rate of $40/head.
- All bred heifers and cows have been pregnancy checked by a licensed veterinarian unless specified otherwise. Certificate will accompany consignment. Projected calving dates are in the veterinarian's best estimate only and are not guaranteed.
- Any extraordinary testing required by the buyer will be at the Buyer's expense.
- Consignments are sold with a down slide. The slide is calculated by subtracting the delivered weight from the base weigh and multiplying the result by the slide amount. Example: Cows sold with a .50 slide (fifty cents) at a 900-pound base weight that deliver at 880 pounds would have the sale price reduced by $10/head.
- All consignments that have been veterinary certified will be free of maternal defects unless otherwise stated.
- Bidding in General
- By submitting a bid through roundupcattle.com website, electronically or verbally, buyer is accepting the terms and conditions set forth in the Livestock Purchase Agreement, as stated/agreed to on the original Buyer Application.
- We reserve the right to reject or void bids, whether winning or not, that we deem not to have been made in good faith, or that are restricted, prohibited, or taxed due to local laws.
- We are the one and only judge regarding the determination of winning bidders, and are the single deciding authority if dispute should arise, and accept no liability for any errors or omissions.
- We reserve the right to postpone or cancel a sale, without notice, if we determine in our discretion that such action is appropriate.
- We will neither have liability nor obligation to the intended bidders as a result of any withdrawal, cancellation, or postponement of sale.
- Live Auctions. The following rules are specifically applicable to live auctions.
- Sellers: If you receive one or more bids at or above your stated reserve price, then you are obligated to complete the transaction with the highest bidder, unless there is an exceptional circumstance. If the bidding does not reach your reserve price, none of the bids below that price will be deemed official, and your lot will automatically be passed out as a no-sale.
- Buyers: If you placed the highest bid at the end of bidding on a particular lot, and your bid is higher than the seller's pre-determined reserve (minimum) bid, you are obligated to complete the transaction. Bids are not retractable. However, if the highest bid on a particular lot has not met the reserve price on said lot, then the lot will be passed out as a no-sale. The auctioneer will announce that the lot has been passed out (P.O.) before the completion of the bidding on the following lot.
- Every transmission over the Internet travels a different route and can be delayed by a variety of factors, including the bidder's own computer. The time lapse between submission of a bid and its registration by the website can vary by several seconds.
- Bids are queued by the Roundup host computer in the order received. Bid positions are awarded on a first come, first serve basis.
- Bids are time stamped by the host computer with the time received. To be accepted, Bids must be received by the host computer prior to competing bidders, and prior to lot sale.
- In the event of malfunction by the Roundup host computer, the auction process will be stopped. If the malfunction has not affected the sale of lots sold prior to the malfunction, they will be considered sold. Auction of remaining lots will be completed upon correction of the malfunction. Bidding will be open, with no bid positions awarded upon resumption of the auction.
- Any malfunction by the buyer's computer or Internet service provider is not the responsibility of Roundup.
- Buyers will submit partial payment(s) and final payment(s) to conclude delivery of purchased cattle via Overnight Delivery or by Wire/ACH.
- Roundup Silent Auction
- Submission of a bid is a binding offer to purchase a consignment at the submitted price.
- A bid is valid until it is withdrawn by the bidder or until consignment is sold. Submission of a higher bid by another party does not withdraw previous competing bids.
- Asking prices can be accepted only during posted trading hours of 10 am – 5 pm Central time.
- Submission of an asking price is a binding offer to sell consignment at that submitted price.
- An asking price is valid until withdrawn by the seller.
- Bids can be accepted only during posted trading hours.
- It is our intention to be a true independent third party platform for cattle price discovery.
- We are both buyer and seller friendly. Satisfaction of both parties is our measure of success.
- If we ever fail to satisfy you, please let us know. You'll receive a prompt reply.
- No Warranties. We provide our service "as is" and without any warranty or condition, express or implied. To the maximum extent permitted by applicable law, we specifically disclaim the implied warranties of title, merchantability and fitness for particular purposes.
- Limit of Liability. In no event shall we be liable for lost profits or any special, incidental or consequential damages however arising, including negligence, arising out of or in connection with a sale made through this website.
Livestock Purchase Agreement