Terms and Conditions
Big Blue Sale Barn Terms and Conditions
Seller shall designate Big Blue Sale Barn as its agent and Auctioneer for all livestock transactions.
Auctioneer has final authority on any and all disputes.
Auctioneer has the right to reject any and all bids.
Seller and Buyer shall execute a Livestock Contract within 10 days of sale as a pre-condition to any final sale through the Big Blue Sale Barn.
The Livestock Contract will contain the entire agreement between Seller and Buyer and cannot be changed except in writing signed by both parties.
Inspection and Warranties: Seller shall deliver the described number of livestock, exclusive of any stags, crippled, blind (one or both eyes), locoed, lump-jawed, or otherwise un-merchantable livestock, and any livestock that are not as described in the Livestock Contract. Seller is responsible for providing Buyer with such Health Certificates and/or other documents as needed. Seller must supply good and marketable title to the livestock and must warrant the livestock will be delivered free from all security interests, liens, or encumbrances. Any lien(s) will be satisfied by Seller prior to or at delivery time. Seller agrees to defend title to the livestock and indemnify and hold Buyer (and/or Big Blue Sale Barn) harmless from any and all loss or damage on account of any liens, encumbrances, or other defects in title.
There are no warranties expressed or implied beyond what is expressly set forth in the Livestock Contract.
All cattle being sold in a USDA Process Verified Program (PVP) or Quality System Assessment (QSA) will have proper documentation.
Risk of Loss: The risk of loss of the livestock passes to Buyer at the time of possession.
Buyer has the right to refuse delivery of cattle if any conditions of the Livestock Contract are not met by the Seller.
Payment: Buyer shall make full payment to Big Blue Sale Barn by check or wire transfer at the time Buyer takes possession of the livestock. In the event the parties enter into a forward contract, Big Blue Sale Barn shall make a part-payment (as negotiated) to Seller and will agree that the remaining balance less commission and other lawful charges shall be paid at delivery by Big Blue Sale Barn. Buyer will agree to pay Big Blue Sale Barn 20% of the gross sale immediately following the close of the sale, subject to the terms of the Livestock Contract, with the remainder paid at the time of delivery. Buyer will grant Big Blue Sale Barn a security interest in the livestock, including the products and proceeds thereof, until such time Big Blue Sale Barn actually receives final payment.
Act of God: Seller and Big Blue Sale Barn shall not be liable for any delay or failure to deliver any or all of the livestock in case delay or failure is caused by any act of God. When Seller claims excuse for non-performance under this paragraph, reasonable notice and documented proof must be given to Buyer and Big Blue Sale Barn.
Default: In case of default of either Buyer or Seller, the defaulting party shall be liable for actual and incidental damages as are permitted by law, including court costs and attorney's fees as well as any available equitable relief. Default shall exist if full and final payment is not received on the date the Buyer takes possession of the livestock, or if the check given in payment for the livestock is dishonored, or upon the death, bankruptcy or insolvency of the Buyer. If Buyer defaults, it will forfeit any part payments made as of the time of default. Upon Seller's failure, for any reason whatsoever (other than an act of God) to deliver to Buyer, all cattle purchased hereunder, as herein required, Seller shall promptly refund to Big Blue Sale Barn and Buyer any payment advanced or received on such undelivered cattle, plus commission, if any. In the event that Seller fails to deliver to Buyer the cattle described in the contract, for any reason, including market conditions, Seller shall pay liquidated damages in the amount of $200 per head as agreed in the Livestock Contract. Big Blue Sale Barn will refund to the Buyer the total amount of the part payment advanced by the Buyer. This shall constitute the only liability of Big Blue Sale Barn to Buyer. Big Blue Sale Barn shall also have the option, in the event of default by Buyer, of paying Seller in full for the cattle and of holding and reselling the cattle in a reasonable commercial manner. In that event, Buyer shall be liable to Big Blue Sale Barn for all damages incurred, including costs, attorney's fees, and decline in market value of the cattle.
Bred cattle will be pregnancy checked and aged by a licensed veterinarian (at seller's expense) within 21 days prior to sale. Buyer has 14 days upon possession to confirm pregnancy. After 14 days, Seller 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 21 days prior to delivery. A veterinarian's certificate must accompany cattle.
Slide: All cattle will be sold on a sliding scale as defined in the Livestock Contract.
Current Location: Said livestock will remain at same location and on feed specified in the Livestock Contract and will be handled in their normal and usual manner unless expressly agreed upon in writing.
Weighing Conditions of Livestock: All cattle will be weighed on a certified scale and comply with the conditions set forth in the Livestock Contract.
Delivery: Seller agrees to furnish State and Federal inspection that will pass all regulations and delivery is to be made F.O.B. in good condition at specified designation.
All weigh-ups (open cows and bulls) sold for slaughter will be shipped at Seller's expense to any Nebraska Livestock Sales facility for certified pay weight and inspection. All weigh-ups shall be in reasonably good health and free of brand sores, cancer eyes or otherwise un-merchantable defects.
All FDA, USDA, EPA guidelines have been followed for products utilized in disease prevention and treatment.
Cattle have never been fed any animal by-products.