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Terms and Conditions

American Ag Video Auction Terms and Conditions
American Ag Video Auctions (AAVA) – There are no Buyer Premiums or 
Mark-ups.   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.

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. 
A Logistics Coordination fee of $25/per load will be assessed and 
invoiced after each auction.  If AAVA Logistics Coordinator manages 
the entire trucking process which includes finding Buyer a truck for 
transportation from farm to Buyer’s destination, an additional $50/per 
load will be charged to Buyer and included on Buyer’s final statement. 
  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.  Beginning June 1st, 2020 all uncovered or non-shedded 
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.

Hay to be removed from consignor/seller’s premises within 45 days of 
sale.  If not removed by deadline AAVA’s Logistics Coordinator will 
schedule freight at Buyer's expense.  AAVA’s Logistics Coordinator 
will provide Buyer with current rate quotes to Buyer’s final 
destination.  If Buyer refuses truck at the current rate and the hay 
is still not moved in 60 days from time of purchase, AAVA will re-sell 
hay on the next auction and NO REFUNDS will be given to the Buyer. 
Buyer MUST give at least 24 hr notice to load. ALL HAY SELLS BY THE 
TON, WINNING BIDDER MUST TAKE A MINIMUM OF 1 SEMI LOAD.

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.
DVAuction Terms and Conditions

THE FOLLOWING DESCRIBES THE TERMS WHEREBY DVAUCTION, INC. & WWW.DVAUCTION.COM OFFERS ACCESS TO OUR SERVICES

The following terms and conditions are applicable to all sales and purchases through our website(s). 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. Eligibility to use our site. Registering to view auctions on our site is free upon completing the required registration process. In order to bid on and purchase livestock/merchandise on our site, you must register for online bidding approval by submitting your application to bid. Upon approval, you will be allowed bidding privileges at the auction. Online bidding/buying privileges 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.

General Terms

Any announcements at the time of auction or bidding will take precedence over material previously provided.

Livestock/Consignments are sold FOB buyers trucks (transportation). All shipping of any kind shall be at buyer's expense.

All livestock/consignments sold through DVAuction, Inc. are purchased subject to federal and state inspection.

Any extraordinary health certificates, tests, or documentation required for shipment shall be at buyer's expense.

Auctions. The following rules are specifically applicable to auctions:

Buyers: If you have the highest bid, you are obligated to complete the transaction. Bids are not retractable.

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 resulting in the possibility of your bid being taken at a higher price than you intended. Do not submit bids during a flurry of bidding activity. Wait until bidding activity has subdued before placing your bid.

High speed Internet access (ie: dsl, cable, T-1, wireless, satellite) is required to bid at live auctions. DO NOT BID if you do not have high speed Internet access.

Bids are queued by the dvauction.com host computer in the order received. Bid positions are awarded on a first come, first serve basis.

In the event of malfunction by the dvauction.com 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/drafts 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 DVAuction, Inc.

Auction Rules. (Buyers)

Submission of a bid is a binding offer to purchase livestock, consignment or lot/draft.

A bid is valid until livestock, consignment or lot/draft is sold or auction closes. Submission of a higher bid by another party does not withdraw previous bids.

Auctioneer shall be the sole judge in determining the winning bidder in the event of a tie bid.

Policies

We are both buyer and seller friendly. Satisfaction of both parties is our measure of success.

A bid is valid until livestock, consignment or lot/draft is sold or auction closes. Submission of a higher bid by another party does not withdraw previous bids.

If we ever fail to satisfy you, please let us know. You'll receive a prompt reply.

Payment for Livestock/Consignment or Lot/Draft by Purchaser:

Payment for Livestock/Consignment and/or Lot/Draft by Purchaser shall be made directly to Seller or affiliate Livestock Auction Market.

A bid is valid until livestock, consignment or lot/draft is sold or auction closes. Submission of a higher bid by another party does not withdraw previous bids.

Seller's name, address and bank will be provided to Purchaser upon confirmation of sale. Purchaser may be required to wire purchase amount to Seller's bank. Purchaser may be required to provide Seller with a valid credit card and agree to debit said card for purchase amount.

DVAuction, Inc. is a broadcast & listing agent only and does not act as Livestock Dealer or Selling/Agent.

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. All warranties expressed or implied are between Buyer and Seller.

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.