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: Hay Auctions – A buyer’s convenience fee of $3.85 per
ton will be added to the final sale price of all hay. Convenience
fees will be added to the original invoice based on average weights
and then settled after hay is delivered and based on actual weights.
Equipment Auctions – 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.
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 the 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 the 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. Any claim for damages made by any person shall be limited to
the replacement of hay purchased with like or similar hay, or
reimbursement of the purchase price of said hay. No other warranties,
express or implied, are intended, including fitness for a particular
purpose or merchantability. Further, AAVA shall not be responsible
for any liability for any incidental damage or claims based on the
purchase of hay other than provided herein, including but not limited
to liability to third parties or for injury or damage to livestock.
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. Buyer agrees that
enforcement of any right or obligation under this Agreement shall be
subject to jurisdiction of the State of South Dakota. Any proceeding
in court shall be in state court, Butte County, South Dakota.