Terms and Conditions

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. You can review the most current version of the Terms and Conditions at any time on this page. It is your responsibility to check this page periodically for changes. These terms may be revised at any time without notice. By using this website you are agreeing to be bound by the current version.

Eligibility to use our site.

Registering to view auctions on our site is free upon completing the required registration process unless otherwise stated within the terms of the sale. 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, at our sole discretion.

GENERAL TERMS

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

Transportation of livestock is the sole responsibility of the buyer. 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.

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) is required to bid at live auctions. DO NOT BID if you do not have high speed Internet access. See the support page under internet connection requirements.

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, it is the Auctioneer's sole discretion to continue or stop the sale during any internet outages, service disruptions or downtime.

If the malfunction has not affected the sale of lots sold prior to the malfunction, they will be considered sold. Bidding will be open with no bid positions awarded upon resumption of the auction.

It is the buyer's responsibility to ensure that their internet connection and computer are working properly. DVAuction Inc does not guarantee that online services will be uninterrupted. 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.

It is solely the responsibility of the buyer to verify liens and guarantees.

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.

PAYMENT FOR LIVESTOCK/CONSIGNMENT OR LOT/DRAFT BY PURCHASER:

DVAUCTION, INC. IS A BROADCAST & LISTING AGENT ONLY AND DOES NOT ACT AS A LIVESTOCK DEALER, LIVESTOCK MARKET, CLERK, SALE MANAGEMENT OR SELLING AGENT AND IS NOT RESPONSIBLE FOR ANY FINANCIALS OR GUARANTEES. CONTRACT FOR THE SALE IS BETWEEN THE BUYER AND SELLER.

Purchaser may be required to wire the purchase amount to the Seller's bank. Purchasers may be required to provide the Seller with a valid credit card and agree to debit said card for purchase amount.

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.

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.