Terms and Conditions
American Ag Video Auction Terms and Conditions
American Ag Video Auctions (AAVA) – All items MUST BE PAID IN FULL within 4 business days of sale. Payments not received by the close of the 4th business day will be considered a NO SALE and Hay or Equipment will be resold at the next auction. NO ITEM will be allowed to be removed from the consignor’s property without prior payment. A bank wire or transfer can be arranged following the sale by calling the office at 605-717-5888. Once payment is received we will email you notification that payment has been received. This policy is for your benefit as well as the consignor. Should you need further information or assistance, please do not hesitate to contact the office 605-717-5888. Announcements made by the auctioneer during the auction take precedence over anything written or implied.
BUYER’S PREMIUM: For Hay Auctions – Beginning June 1st 2021 a buyer’s convenience fee of $2.85 per ton will be added to final sale price of all hay. Convenience fee will be added to original invoice based on average weights and then settled after hay is delivered and based on actual weights.
For Equipment Auctions – Beginning March 1st 2021 a 5% premium will be added to all winning bids, with a cap of $2,500 per item resulting in the total purchase price.
SALES TAX: All sales are subject to appropriate state sales tax laws. Winning bidders have the burden of proving their exemption from sales taxes to AAVA.
FOR HAY AUCTIONS: All hay is sold using average bale weight for one full load based on 48’, 53’, or doubles/hay train per Buyer’s request. Due to issues arising from buyers not removing hay in a timely manner, Buyers have 60 days from date of purchase to get the hay shipped/removed. For any loads of hay not removed after 60 days AAVA will charge a storage fee of $25/day per load of hay. The storage must be paid before the hay is removed. If hay is still not removed after 90 days from date of purchase it will be resold on a future auction. Buyer MUST give at least 24 hr notice to load. Once the hay is moved the Consignor will turn in load out tickets to AAVA and the Buyer will either be refunded for any underage or billed for any additional tons received. Buyer has 30 days to make payment in full for any additional tons received. Late fees will be accessed for anything 30 days past due. ALL HAY IS SOLD BY THE TON USING ESTIMATED BALE WEIGHTS FOR ONE FULL TRAILER LOAD AND BUYER WILL PAY FOR EACH TON OF HAY RECEIVED.
It is Buyer’s responsibility to seek professional guidance on type and quality hay that is suitable for their animals or livestock. AAVA makes no suggestions or recommendations for hay you should feed your animals or livestock. Hay tests are not guaranteed. All hay sampling is probed the same way by an AAVA representative and all hay samples are sent to Dairyland Labs.
Buyer has the right to personally inspect any and all hay being offered prior to the auction. Please be aware that some hay will be offered strictly AS-IS/WHERE-IS which will clearly be stated and described as such during the live auction and carries absolutely no guarantee of any kind including but not limited to quality, color, value, or bale weight. Buyer is highly encouraged to study the meaning of AS IS/WHERE IS before purchasing and understands there will be no recourse against AAVA or its representatives on hay that is sold AS IS/WHERE IS. All uncovered square bales will be sold AS-IS/WHERE IS regardless of quality.
Hay that is classified with the “American Ag Warranty” assures that Buyer will receive the hay as represented by AAVA. If hay that is classified as American Ag Warranty arrives not as represented AAVA reserves the right to send a representative to the location of the hay to view any and all allegedly damaged hay. If Buyer refuses to allow an AAVA representative to travel to location of hay and inspect ALL the hay in question, the American Ag Warranty immediately becomes void. American Ag Warranty covers only hay that arrives that is black, burnt, tobacco cured, moldy and rotten. The American Ag Warranty does not cover weeds, bugs or insects of any kind, dust/dirt, or any other objects/discrepancies commonly found in hay. The American Ag Warranty in no way covers personal opinion or preference on stems size, leaf retention, softness, color, or damage done during transport. The American Ag Warranty is only valid for 30 days following the day of sale.
FOR EQUIPMENT AUCTIONS: ALL EQUIPMENT AND ITEMS SOLD AS IS/NO WARRANTY. ALL SALES ARE FINAL. NO REFUNDS. The term "AS IS" gives notice to Buyers that they are taking a risk on the quality of goods. The Buyer is free to inspect the goods before the purchase; any issues with hidden defects which may be discovered after purchase are between Buyer and Seller. Any implied or express warranties that usually accompany goods for sale are excluded in "AS IS" sale.
Any controversy or claim arising out of or relating to this Agreement for, or the breach thereof, shall be submitted to binding arbitration upon the written demand of any party to this agreement, which demand shall be served on all parties at the addresses set forth herein. There parties shall promptly submit the disputer to the American Arbitration Association (the “AAA”) for resolution by a single neutral arbitrator acceptable to both parties, as selected under the rules of the AAA. The dispute shall then be administered according to the AAA’s Commercial Arbitration Rules, with the following modifications; (i} the arbitration shall be held in Belle Fourche, SD; (ii) the arbitrator shall conduct the arbitration as if it were a bench trial and shall use, apply and enforce the South Dakota Rules of Evidence and South Dakota Rules of Civil Procedures; (iii) the arbitrator shall have no power or authority to make any award that provides for consequential, or punitive or exemplary damages. Judgement on the award rendered by the arbitrator may be entered in any court having jurisdiction over the parties. Each party to the dispute shall bear its own expenses arising out of the arbitration.