Terms & Conditions

ELITE BREEDER SALES IS A MARKETING VENUE

Elite Breeders Sales (EBS) is a marketing venue allowing elite breeders to market their rodeo stock to buyers in an online format. While the marketing and services provided by EBS are in an online auction format, EBS is not an auction service, nor is EBS an auctioneer. Furthermore, EBS is not a party to any transaction, and does not serve as a broker or agent for either the consignor or buyer. All representations made on any individual lot for sale are exclusively those of the consignor. EBS does not make any representation to the consignor that the buyer can or will pay for the lots bid upon. EBS does not make any representation or guarantees concerning any lot offered for sale, including but not limited to, the health of the lot, the soundness of the lot, the pedigree of the lot, the breeding ability of the lot, the age of the lot, the pregnancy status of the lot, the quality of the semen/embryos, the bucking ability of the lot, or any other representations of the seller and/or the representations of the buyer. To the extent that any warranties are made or arise by or on behalf of EBS, EBS expressly disclaims any such warranties unless otherwise noted in writing. EBS expects the consignor to comply with all representations made by the consignor listed on each lot; if consignor fails to comply, EBS reserves the right to prohibit the consignor from making any future consignments. EBS expects the buyer to pay for the total amount bid on each lot within the listed time frame; if the buyer fails to do so, EBS reserves the right to prevent the buyer from bidding on any future lots posted by EBS.  EBS does not transfer legal ownership of any lot. Following the conclusion of the bidding, the consignor and buyer are required to complete the transaction so that legal transfer of ownership can be completed.  
 

EBS’ CHARGES

As it name implies, Elite Breeders Services offers exclusive, high quality rodeo animals for sale. Once EBS accepts a consignment, the consignor must pay a $100 non-refundable deposit for each lot offered for sale unless otherwise agreed upon. Upon receipt of the non-refundable deposit, EBS will collect information on the consignment and conduct the online bidding for the lot. If the lot meets the consignor’s reserve, the consignor agrees to pay EBS 5% of the gross sales price once paid by the buyer. If the lot does not meet the consignor’s reserve or if the buyer does not pay the consignor, the consignor does not owe EBS any additional money. EBS reserves the right to refuse to accept any consignment and/or to conduct business with any person for any reason.

RULES FOR THE CONSIGNOR

  1.  The consignor agrees to timely and accurately provide information on each lot to EBS. Information should typically include the ABBI #, sire, dam, date of birth, pregnancy status, location of the lot, photographs, videos, and the consignor’s reserve. The consignor understands and agrees that if the pedigree represented by the consignor is inaccurate or does not DNA back to the pedigree represented by the consignor, the highest bidder/buyer has the right to terminate the transaction at no cost to the buyer and receive a refund of any monies paid for that lot.

     
  2.  The consignor agrees that by consigning a lot, the lot is healthy and sound unless expressly noted by the consignor. If a lot is not healthy and/or sound (unless expressly noted by the consignor), the consignor agrees that the highest bidder/buyer has the right to cancel the transaction and receive a refund of any monies paid for that lot.

     
  3.  The consignor must pay the above non-refundable deposit to firmly book a consignment date. 

     
  4.  EBS will contact the highest bidder at the conclusion of the auction and ask that the highest bidder/buyer contact the consignor to finalize the transaction and arrange for delivery. However, consignor is responsible for finalizing the transaction, receiving payment, making arrangements for delivery of the lot, and transferring ownership papers if the lot is registered. The failure of the consignor to transfer the ownership papers of a registered lot within 45 days of the receipt of payment of the lot (and the cost to transfer the lot) may result in the buyer cancelling the transaction, in which case the consignor must refund the buyer the purchase price.

     
  5.  The consignor agrees to review the completed lots for accuracy and notify EBS immediately of any errors in the posted lot. If the consignor believes a bid is mistaken during the auction, the consignor should contact EBS immediately so that the mistake can be remedied. The consignor (or someone on his/her behalf) should also be available by phone during the auction to answer any questions and/or address any potential problems or mistakes. 

     
  6.  The consignor understands and agrees that once a bid is listed as meeting or exceeding the consignor’s reserve, the consignor must sell the lot to the highest bidder. 

     
  7.  EBS reserves the right to suspend a consignor’s privilege to consign and/or purchase lots if the consignor does not comply with the above rules.

     
  8.  The consignor agrees to pay EBS for its services within 10 business days of payment from the buyer. If the buyer does not pay, the consignor is not responsible for paying EBS. 

RULES FOR THE BIDDER/BUYER

  1.  DO NOT bid unless you are able and intend to pay for the lot and take delivery as noted in the consignment. If you are the highest bidder and do not pay for the lot and/or make arrangements for delivery as noted by the consignor, your privilege to consign, bid, or buy lots on EBS will be suspended as determined by EBS, and you may be liable for damages to the consignor. Once you bid, you cannot withdraw your bid. ALL BIDS ARE FINAL.  

     
  2.  If you make a bid by mistake, such as a typo or otherwise, you must notify EBS immediately by phone at (254) 592-1246 or                (541) 786-8763 so that the mistake can be corrected while the auction is ongoing. If you are unable to reach EBS, immediately contact the consignor to notify him/her of the mistake. The failure to promptly contact the EBS and/or the consignor may result in your consigning/bidding privileges on EBS to be permanently revoked. 

     
  3.  All bids are to be placed using United States dollars. If your bid does not meet the reserve, you are not obligated to purchase the lot. If your bid meets the reserve and you are the highest bidder at the conclusion of the auction, you are the buyer and are required to finalize the transaction with the consignor. 

  4.  All lots will have a noted ending time. The auction will close at the ending time; however, the auction will be extended any time another bid is made within 5 minutes of the last bid. If there are no bids within 5 minutes of the last bid and you have the highest bid, you are the buyer and must finalize the transaction. Please note that EBS reserves the right to extend the bidding time if, and only if, there are technical or computer issues with placing a bid within 5 minutes of the last bid. 

  5.  If the bidder has technical or computer problems during the bidding process, the bidder should contact EBS by phone at (254) 592-1246 or (541) 786-8763. 

     
  6.  Following the conclusion of the auction, you should contact the consignor to make arrangements for payment and delivery of the lot.