“Seller” shall mean the owner or authorized agent of the owner who consigns one or more lot(s) for sale on Sire Buyer. Any agent acting as Seller for the owner of any lot(s) offered for sale certifies to Sire Buyer that the agent possesses the legal authority to act for and on behalf of the owner of the lot(s).
“Bidder” shall mean any person who has registered for and received a bidder’s number on the Sire Buyer website for the purpose of submitting an offer to purchase any lot(s) being offered for sale by a Seller.
“Buyer” shall mean any “Bidder” who has submitted the successful offer to purchase any lot(s) offered for sale by a Seller on the Sire Buyer website.
“Entity” shall mean any corporation, partnership, limited liability company or other legal entity authorized to conduct business in its state of organization.
By registering for a bidder’s number and actively participating in events hosted on the Sire Buyer website, all above parties agree that the following terms and conditions shall govern all Sire Buyer events.
All Sellers, Bidders, Buyers, and Entities ire Buyer website are conducted electronically, and Sire Buyer relies on hardware and software that may malfunction without warning and due to no fault of Sire Buyer.
Eligibility & Information
Sire Buyer services are available only to individuals who are competent to enter into a legally binding contract. By registering for a bidder’s number, Bidder certifies that he, she or it possesses the legal authority to enter into a valid and binding contract in the state of Nebraska, the state of the Bidder’s residence, the state of the Seller’s residence AND is at least 18 years of age. An Entity may hold a bidder’s number only if an owner, shareholder, officer, partner, member or other individual having the authority to act on behalf of the Entity registers for said bidder’s number. The person registering for a bidder’s number on behalf of an Entity agrees to personally guarantee and fulfill all duties and obligations of the Entity that may arise. The person registering to be a Bidder for an Entity certifies and affirms that s/he possesses full legal authority to act for and on behalf of the Entity and possesses the authority to enter into a legally binding contract on behalf of the Entity. In the event the Bidder does not possess the requisite legal authority to enter into a legal contract and bind the Entity, the Bidder shall be bound personally to any bid submitted in his/her or its individual capacity.
THOSE WHO DO NOT MEET THE ABOVE REQUIREMENTS SHOULD NOT REGISTER AS A BIDDER ON THE SIRE BUYER WEBSITE.
All information provided by a Bidder during the online registration process shall be accurate, current and complete. If any information provided by a Bidder to SIRE BUYER changes or becomes inaccurate after the date of registration, the Bidder must promptly update his, her or its information on the Sire Buyer website. Sire Buyer will not be responsible for lost, delayed or misdirected notices in the event a Bidder does not update his/her or its information in a timely manner.
Personally identifying information provided by the Bidder will be protected per the Sire Buyer Privacy Policy outlined below.
Implied Warranty/Disclaimer on Information
Sire Buyer makes no warranty, express or implied, as to the information used to describe any lot(s) offered for sale by a Seller on the Sire Buyer website. Any/all lot(s) are presented as described by the Seller. LOTS ARE SOLD AS IS, WHERE IS AND WITH ALL FAULTS. Bidder acknowledges that all lots were available for inspection prior to purchasing and, by these terms, it is the Bidder’s personal responsibility to inspect all lots that s/he or it may purchase. Failure on part of the Bidder to inspect any/all lot(s), or otherwise be fully informed as to the nature, quality and condition of any lot(s) purchased, will not constitute grounds for any type of refund OR termination of the sale contract between the Buyer and Seller. Any/all lot(s) sold become the property of Buyer at the conclusion of the event. Sire Buyer is not responsible for the condition or health of any lot(s) sold and purchased, either at the time of sale or time of delivery.
THE IMPLIED WARRANTIES OF MERCHANT-ABILITY, SUITABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, ARE SPECIFICALLY WAIVED BY BUYER. This waiver is made expressly for the benefit of the Seller. Buyer agrees to indemnify and hold harmless Seller and Sire Buyer, its members, parents, subsidiaries, affiliates, officers and employees, from any claim, demand, liability, cause of action or any other duty or obligation, including reasonable attorney’s fees and expenses, which may arise at any time as a result, direct or indirect, of any Sire Buyer event.
Bidding & Payment for Standard Sales
All bidding and payments are in U.S. currency. Bidding is done in increments, which may vary by both species and individual lot(s) within each sale. A Bidder may be outbid at any time before the close of an event. While a Bidder can elect to receive outbid text notifications, Bidder recognizes that these notifications rely on software, hardware and cellular data/service that may be unreliable. As such, all Bidders are encouraged to carefully monitor any event(s) they are participating in until the close of respective event(s). Unless otherwise indicated, any/all lot(s) offered on the Sire Buyer website will sell subject to a reserve or minimum price established by the Seller. The Seller and/or Sire Buyer may bid on the Seller’s behalf in any amount up to the Seller’s reserve price. Seller is under no obligation to sell any lot(s) offered if the bid does not meet Seller’s reserve price.
A Bidder is responsible for any bids placed under his/her or its bidding number, account and password. The security of a bidder’s number and password is the sole responsibility of the Bidder. If at any time a Bidder’s number and/or account information is compromised, that Bidder shall notify Sire Buyer immediately to have his/her or its bidder’s number and/or account password changed.
Placing a bid represents a valid offer by the Bidder to purchase the lot(s) being offered for sale by the Seller for the amount of the bid placed. Once a bid is submitted and confirmed by the Bidder, it cannot be retracted. If a Bidder places the final bid before the close of an event, and that bid is accepted by the Seller, the Bidder then becomes the Buyer and that bid becomes a binding contract between Buyer and Seller. Fraudulent bids can and will be reported to appropriate law enforcement agencies. The Seller and/or Sire Buyer retain the right to pursue all legal and equitable remedies available to them to enforce all bids and to recover all damages resulting from a breach of this contract between Buyer and Seller. This includes, but is not limited to, a Buyer’s failure to pay for any lot(s) purchased according to the terms of this contract. The Seller and/or Sire Buyer also reserve the right to accept or reject any and all bids.
In the case of a software, hardware or communication malfunction, any event in progress on the Sire Buyer website will be terminated by Sire Buyer, and all Bidders will be notified. Handling of the terminated event thereafter will be at the sole discretion of Sire Buyer. In the case that an event is terminated due to a software, hardware or communication malfunction, Sire Buyer shall not charge any party for its services and all bids shall be considered null and void. In the case that an event is terminated prior to its close, no contract will be formed between the Bidder/Buyer and Seller.
When an event ends, all sales shall be considered final. Payment in full is due no later than the fourteenth day following the close of an event. Accepted forms of payment are personal or Entity check, certified check, money order, eCheck or credit/debit card. Checks and money orders should be made payable to Sire Buyer and sent to PO BOX 112 – Seward, NE 68434. Sire Buyer does not accept personal or Entity checks from outside the U.S. A 3.5% processing and handling fee will be applied on all credit/debit card transactions. A $50 fee will be assessed on all returned checks and/or eChecks. Failure to pay in full by the due date may result in a late payment penalty equal to 10% of the purchase price. Buyer agrees to pay a finance charge of 15% APR from the due date until the balance is paid in full. A Buyer who violates the payment provisions of this agreement may not be permitted to bid in subsequent Sire Buyer events. Sire Buyer reserves the right to process a Buyer’s credit card on file for any lot(s) purchased if payment has not been made within ten (10) days of the event. If a Bidder cannot pay for his/her or its purchases immediately following the event, s/he or it should not place a bid.
An invoice with payment instructions for any lot(s) purchased will be e-mailed to the Buyer immediately following the close of the event. This correspondence will be sent to the Buyer’s e-mail address associated with their bidder’s number and account. If the Buyer does not receive an invoice within one (1) business day, Buyer shall contact Sire Buyer to request an invoice. Failure to complete payment according to the terms above shall result in all applicable fees, finance charges and potential ban from all future Sire Buyer events.
Bidding & Payment for Click-to-Claim Sales
For the Click-to-Claim sale format, a Bidder agrees to purchase lot(s) upon confirmation of payment method on the purchase/payment screen. As soon as the purchase is confirmed, the Bidder becomes the Buyer and is legally bound to purchase said lot(s).
Bidder shall select to use their default credit/debit card on file for their account or enter a new credit/debit card for purchased lot(s). The payment WILL NOT BE COMPLETED until the order has been processed by an Sire Buyer administrator or the Seller. All payment terms set forth above shall apply to Click-to-Claim purchases.
Event Closing Procedures
All standard sales held on the Sire Buyer website are conducted with the horserace-style closing format. This means that at the posted closing time for any given event, that event will enter into a period called extended bidding. Extended bidding periods may vary between five (5) minutes down to one (1) minute as predetermined by Sire Buyer and/or Seller. Sire Buyer and/or Seller may shorten or lengthen the extended bidding period at any time during the event. Extended bidding will continue until there has been no bidding activity for the duration of the set extended bidding period. At that time, the event will close and all lots will be declared sold to the highest Bidder. Both Sire Buyer and Seller reserve the right to extend or end bidding at any time during an event.
For Click-to-Claim (C2C) sales hosted on the Sire Buyer website there is no extended bidding period. A Bidder may purchase any lot(s) offered on C2C events at any time before the posted closing time. Once the purchase of lot(s) is confirmed by the Bidder, the Bidder is immediately bound contractually as the Buyer of said lot(s). This purchase IS NOT GUARANTEED until an Sire Buyer administrator and/or Seller has confirmed the purchase and processed the payment.
Withdraw of Lots
Occasionally, lot(s) offered for sale may need to be withdrawn from an event that is already posted and/or in progress. Sire Buyer and/or Seller reserve the right to withdraw lots at any time before the close of an event. In the case that Sire Buyer and/or Seller withdraws a lot during an event, all bids on that lot shall be considered null and void.
Title & Delivery
All lots purchased through Sire Buyer will become the property of the Buyer immediately upon the close of the event and, as such, all risk of damage, death or injury to lot(s) purchased becomes the Buyer’s risk.
Delivery of any/all lot(s) purchased through the Sire Buyer website must be coordinated between the Buyer and Seller. Any fees incurred with delivery are the sole responsibility of the Buyer, unless other arrangements are agreed upon prior to the event between the Buyer and Seller. Any questions regarding delivery should be directed to the Seller. If Seller delivers any lot(s) sold to the Buyer before payment has been received, collecting payment for said lot(s) becomes the sole responsibility of the Seller. Under no circumstances shall Sire Buyer be responsible for the delivery of any lot(s) sold on the Sire Buyer website.
Registration & Health Papers
Some animals do not qualify for registration papers, but if/when an animal has papers or qualifies for registration, those registration papers with signed transfer authorization shall be delivered from the Seller to the Buyer in a timely manner. The Seller is responsible for the transfer of registration papers. Seller shall abide by all rules and regulations of the respective breed association in issuing the registration certificate. Sire Buyer assumes no responsibility for the transfer of registration papers or other evidence of ownership.
At the request of the Buyer, Seller may also furnish health papers. Any fees related to the acquisition of health papers are the sole responsibility of the Buyer. Seller shall take all necessary steps to meet the health requirements necessary to obtain a valid health certificate for shipment to the state of residence of the Buyer. All expenses associated with the fulfillment of any such health requirements shall be the sole responsibility of the Buyer.
Limitation of Liability
Sire Buyer shall not be liable for lost profit or special, incidental or consequential damages, which may arise out of or in connection to any transaction resulting from an Sire Buyer event. Bidders, Buyers and Sellers hereby agree to indemnify and hold harmless Sire Buyer, its members, parents, subsidiaries, affiliates, officers and employees, from any and all claims, demands, liabilities, causes of action or any other duty or obligation, asserted by any person against Sire Buyer, including reasonable attorney’s fees and expenses.
Sire Buyer has the sole and final discretion to determine winning bids and, in the event of a dispute between parties, the decision of Sire Buyer is final. Sire Buyer reserves the right to reopen bidding to settle matters related to disputed bids or ties. Sire Buyer reserves the right to postpone or cancel any event for any reason.
Sire Buyer does not guarantee continuous, uninterrupted or secure access to online event services, and operation of the Sire Buyer website may be interfered with by numerous factors outside of the control of Sire Buyer. Furthermore, due to the nature of online services, Sire Buyer cannot guarantee or confirm the authentic identity of Bidders, Buyers or Sellers and shall have no liability for any false or misleading information transmitted by the aforementioned on the Sire Buyer website.
Sire Buyer is not responsible for any accidents or injuries related to the sale, purchase or delivery of any lot(s) consigned to or sold through an event hosted on the Sire Buyer website.
Sire Buyer may refuse services to anyone at any time at its sole discretion. If a Bidder provides false information, such as a false name or fraudulent contact information, s/he or it may be suspended or permanently banned from participating in any/all future Sire Buyer events. A Bidder may be permanently banned from the Sir Buyer website if s/he or it is the Buyer of any lot(s) and fails to abide by the terms and conditions of this agreement.
Privacy Policy
To bid, buy or sell on the Sire Buyer website, personal information must be submitted at the time of registration. By registering on the Sire Buyer website, users consent to the collection of this information. Sire Buyer will never give or sell this information to an outside individual, group or company. All personal information provided will be used only by Sire Buyer. All Buyers expressly authorize Sire Buyer to share their personal information with any Seller who is made a party to a binding contract resulting from the Buyer’s final and accepted bid on any lot(s) offered for sale by the respective Seller. All Bidder information will be used to maintain records for Sire Buyer, as well as to communicate and provide services to the Bidder/Buyer.
The e-mail addresses collected are used exclusively to contact Bidders, Buyers and Sellers registered with Sire Buyer. Use of this private information by anyone else for any purpose is strictly prohibited and will result in appropriate legal action.
The Sire Buyer website does contain links to outside websites; Sire Buyer has no control over or responsibility for the content and/or privacy practices of these websites.
Sire Buyer reserves the right to amend these terms and conditions at any time by posting amendments on the Sire Buyer website. The amended terms and conditions shall automatically be effective 10 days after they are posted. These terms and conditions were last revised and updated on August 22, 2020.
