Terms
1. GENERAL TERMS AND CONDITIONS
1.1 Acceptance.
Please read the Animal Auction Company, LLC’s Terms and Conditions (“Terms & Conditions”) carefully. By
accessing www.animalauctionco.com (“Website”) or by participating in an online auction, You signify Your
consent to both these Terms & Conditions and the conditions of Animal Auction Company, LLC’s Privacy Policy.
These Terms & Conditions constitute a binding legal agreement between You as the user (“You”, “Your” or
“Bidder” or “Owner” or “Seller”) and Animal Auction Company, LLC, subsidiaries, affiliates, and our commonly
owned affiliated companies (Collectively, “Animal Auction Company, LLC”, “We”, “Us” or “Our”). These Terms
& Conditions set forth the legally binding terms for Your use of the Animal Auction Company, LLC’s services and
shall apply to all users of the Animal Auction Company, LLC’s Website. By using this Website, You agree to and
are bound by these Terms & Conditions and also acknowledge that: (a) You have had the opportunity to review the
tutorials regarding the use of Animal Auction Company, LLC included in the Buying section; (b) You have either
reviewed the tutorials and information or have chosen not to do so; and (c) You have had the opportunity to ask
questions regarding the use of Animal Auction Company, LLC by telephone or email and to have those questions
answered. Additionally, by accepting these Terms & Conditions, you as the User acknowledge that Animal Auction
Company, LLC is not the owner or seller of items contained in these online auctions. However, Animal Auction
Company, LLC reserves its rights to enforce all terms of sale included in accordance with the Terms & Conditions.
1.2 Additional Terms.
You may be required to agree to additional terms and conditions on a per online auction basis. These additional
terms and conditions are located in the Auction Details on the online auction in which You choose to participate.
These additional terms are hereby incorporated into the Animal Auction Company, LLC’s Terms & Conditions as
an integral part hereof.
1.3 Modification of Terms.
Animal Auction Company, LLC may modify these Terms & Conditions at any time and such modification shall be
effective upon being posted onto the Animal Auction Company, LLC Website. You agree to be bound to any
changes to these terms when You use www.animalauctionco.com after any such modification is posted. It is
therefore important that You keep Yourself up to date with the Terms & Conditions and any changes to them.
THESE TERMS AND CONDITIONS ARE LEGALLY BINDING AND IF YOU VIOLATE ANY PART OF
THEM, ANIMAL AUCTION COMPANY, LLC, AND/OR THE OWNER/SELLER MAY SEEK LEGAL
RELIEF, INCLUDING BUT NOT LIMITED TO REPORTING YOUR CONDUCT TO APPROPRIATE
LAW ENFORCEMENT ENTITIES. PLEASE NOTE THAT THESE TERMS INCLUDE AN
AGREEMENT BY WHICH YOU INDEMNIFY ANIMAL AUCTION COMPANY, LLC.
2. ACCESS AND USE OF THE WEBSITE
2.1 Website Access.
Animal Auction Company, LLC hereby grants You permission to use the Website as set forth in these Terms &
Conditions, provided that: (a) You will not alter or modify any part of the Website other than as may be reasonably
necessary to use the Website for its intended purpose and/or in a manner allowed by Animal Auction Company,
LLC; and (b) You will otherwise comply with the all terms or conditions set forth in these Terms & Conditions.
2.2 Use of the Website.
You accept sole responsibility for all Your activities using the Website, including Your conduct on the Website and
any and all content You may submit, post, or share via the Website. You may not use the Website for any
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unauthorized or illegal purpose. You further agree not to copy, reproduce, or publicly display any content from
the Website outside the functions of the Website without first obtaining written permission from Animal
Auction Company, LLC and/or the Auction Manager. You will be responsible for ensuring that You do not
violate any laws of Your jurisdiction. You will not upload or transmit viruses, worms, or any other destructive code.
2.3 Bidder Number and Password.
(i) In order to access some features of the Website, You will have to create a Bidder Profile. You should never use
someone else’s Bidder Profile without permission. You are responsible for maintaining the security of Your Animal
Auction Company, LLC Bidder Profile, password and any personal account information or purchase invoices. You
are solely responsible and liable for the activity and purchases that occur under Your Bidder Number. You accept
sole responsibility for keeping Your password secure. Animal Auction Company, LLC will not be held responsible
for Your losses caused by any unauthorized use of Your account; furthermore, you may be held liable for the losses
to Animal Auction Company, LLC or others due to such unauthorized use.
(ii) It is Animal Auction Company, LLC’s sole discretion to accept or decline the instructions of any individual who
claims to be authorized to make direct changes to Your Bidder Profile account, so long as such the person presents
the appropriate account information. We shall not be responsible for the actions made by any individuals who
misuse or misappropriate Your account information or other assets Using Your Bidder number, password, or other
appropriate identifying information. If Your Bidder Profile account has been compromised, it is Your
responsibility to notify Us immediately of any unauthorized use on Your account.
3. REGISTRATION
3.1 Registration.
If You would like to participate in our online auctions, you must become a registered bidder and create a bidder
profile. You agree to provide true, accurate, current, and complete information about Yourself and/or Your
organization, as applicable, as requested during the registration process.
3.2 Requirements.
By using the Animal Auction Company, LLC’s Website, you represent and warrant that (a) all registration
information is truthful and accurate; (b) You will maintain the accuracy of such information; and (c) You are 18
years of age or older and have full legal capacity to complete such contractual action without need for any additional
approval or consents. If You do not qualify, you are not permitted to participate in our online auctions.
4. COMMUNICATION WITH YOU
4.1 Customer Service Contact.
To contact Our Customer Service - please use any of the options listed below:
1.Contact Us by Email: admin@animalauctionco.com
2. Contact Us by Phone: 740-572-7164 during the service hours of 9AM - 5PM (ET), Monday Through Friday.
3. Contact Us by Mail: Animal Auction Company, LLC ___________________________________
*Our service hours may be reduced during certain national and/or religious holidays.
4.2 Email Communication.
Animal Auction Company, LLC and our affiliates reserve the right to send messages to You to inform You of (a)
Your Registration confirmation, Purchase Notification(s) and/or Past Due Notification(s); (b) changes or additions
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to the Website, the online auctions, the items, or these Terms & Conditions; or (c) any other matter related to the
Website, the online auctions, the items, and/or these Terms & Conditions. Further, you consent to receive such
emails at the email address You enter into Your Bidder Profile.
4.3 Telephone Communication.
By agreeing to these Terms & Conditions, you acknowledge that We and/or our affiliates may contact You via
telephone (either by a live person, automatic dialer, prerecorded message, or a combination of the foregoing) to
discuss the Website, the online auctions, the items, or Your account and consent to such contact. Further, you
consent to receive such phone calls at the telephone number(s) You enter into Your Bidder Profile.
4.4 Text Communication.
You may opt-in to receive watchlist and outbid alerts by text message during the registration process or in Your
Bidder Profile. By opting-in for this functionality, you consent to receive text messages by automated means from
Animal Auction Company, LLC. Allowing these text alerts is not a condition of purchase. This service is free from
Animal Auction Company, LLC; however carrier message and data rates may apply. To take advantage of the
Animal Auction Company, LLC text messaging alerts, you must have a text messaging-enabled mobile device with
a text messaging plan. The number for this device must be entered into the mobile phone text box in Your account
information. All mobile carriers are supported.
4.5 Direct Mail Communication.
Animal Auction Company, LLC and our affiliated companies may send You promotional details for Our services
which We believe may interest You. If at any time you do not wish to receive these communications, please e-mail
us at admin@animalauctionco.com.
5. WARRANTY OF ITEMS
5.1 Warranty of Items.
(i) All animals/products are sold AS IS, WHERE IS, with NO WARRANTY expressed or implied. All other
guarantees of authenticity, expressed or implied, are hereby disclaimed.
(ii) Animal Auction Company, LLC is not the owner of the products and in many cases may have never seen the
products before the Auction occurs. Information that is used or shared by Animal Auction Company, LLC or its
affiliates is the individual suppliers and is believed to be honest and correct. The Animal Auction Company, owners,
agents or etc. are not responsible for any misleading information that is mistakably listed. Animal Auction
Company, LLC is not responsible for any failures or lack of expectations on products marketed at this site.
5.2 Physical Condition of Items.
The descriptions of items appearing in the auction and in advertising prior to this sale are believed to be correct.
Nevertheless, neither those descriptions nor any oral statements made by Owner/Seller or Animal Auction
Company, LLC concerning any item shall be construed as a warranty either express or implied. ITEMS ARE SOLD
AS IS – WHERE IS and WITH ALL FAULTS. Bidder acknowledges that all lots were available for inspection prior
to the auction and, by these terms, Animal Auction Company, LLC and You strongly encouraged Bidder to carefully
inspect each lot in which Bidder had any interest to determine the lots nature, quality and size. Bidder relied solely
on personal inspection and not on information listed on website or otherwise provided by Animal Auction Company,
LLC or Owner/Seller. If Bidder failed to inspect any lot, this failure to inspect, or otherwise be fully informed as to
the lots nature, quality, condition, quantity and size will not constitute ground for any claim, adjustment refund,
termination or the contract for sale, or refusal to close the sale. These written terms constitute the final expression of
the parties’ agreement and a complete and exclusive statement of the terms of the contract for sale, or refusal to
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close the sale. The IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, AND ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE SPECIFICALLY
EXCLUDED from this contract for sale and transaction and shall NOT apply to the merchandise that is the subject
of these sales. We do not have control over the items that are posted in the auction site, and cannot guarantee the
authenticity and quality of said property. We are not responsible for the actions the Owner/Sellers and Buyers take
before, during, and after the auction, typographical errors, misprints, loss of merchandise/money, damage or failure
of equipment, due to your visit to this auction site. Use of this site is at your own risk, and content is presented “As
Is”. Specific terms regarding auction location, lot descriptions, payment terms, shipping and delivery, insurance and
other important information is located on the first page of each auction.
5.3 Changes in Circumstances.
All aspects of an online auction are subject to change without prior notice. Animal Auction Company, LLC reserves
the right to (a) add or remove items from an online auction; (b) split or combine lots; (c) make changes to the online
auction ending times, preview date and/or time, or pick-up date and/or time; (d) cancel, suspend, extend, or
reschedule an individual item and/or online auction event; or (e) take any other action Animal Auction Company,
LLC deems necessary to affect the fair conduct of a sale.
6. BIDDING INSTRUCTIONS
6.1 Binding Offer.
Placing a bid constitutes a binding offer between You the Bidder and the Owner/Seller that cannot be rescinded or
retracted. If the bid is accepted, you are contractually obligated to buy the merchandise at the price stated as Your
bid, as well as pay all other applicable taxes and fees.
6.2 Participation.
IT IS IMPORTANT THAT YOU FAMILIARIZE YOURSELF WITH THESE TERMS AND CONDITIONS
AND ALL OF THE AUCTION DETAILS FOR THE ITEMS IN WHICH YOU ARE INTERESTED PRIOR
TO BIDDING ADDITIONALLY. ENSURE THAT THE AUCTION TRANSPORTATION WORKS
WITHIN YOUR SCHEDULE BEFORE BIDDING. You can bid prior to the auction end time or bid while the
auction is in the progress of closing. Animal Auction Company, LLC cannot guarantee that You will be the winner
of any item.
6.3 Placing a Bid.
You can place bids in two ways: (1) manually by entering a standard bid using the My Bid function, then clicking
the "Place Bid" button for each lot You would like to place a bid and/or (2) by using the Max Bid function. The max
bid function is a feature that bids on a lot automatically for You even when You are not online or logged in, up to
the dollar amount entered. You can read more about the Max Bid function and how all other bidding features
operate in the "Buying" and “Glossary” sections of this Website.
6.4 Bid Increments.
When placing a bid, bidding must increase by the following specified increments:
CURRENT BID INCREMENT
$1– $50 $1
>$50 – $1000 $5
>$1000 – $10,000 $25
>$10,000 – $100,000 $50
>$100,000 + $100
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6.5 Bidding Records.
Should a bid be placed within the last five minutes of a lot’s ending time, the ending time will automatically be
extended to five minutes from the time that bid is placed. The timer will continue to extend in the same manner until
the bidding activity has stopped. An item closes when the timer on the lot hits zero. The winning bidder of an item is
the last Bidder the bid history recorded before the timer hits zero.
6.6 Bid Notifications.
(i) Outbid Alerts can be enabled or disabled in Your Bidder Profile. Outbid notifications can be received via email,
text message or both methods. The notifications are sent until the lot is closed.
(ii) Purchase Notifications are automated alerts to Winning Bidders via EMAIL ONLY after all lots for the auction
have closed. This email can never be disabled or unsubscribed. It also serves as a helpful gateway to pay for Your
purchase invoice online via credit card. If You feel You have won an item(s) and You have not yet received a
Purchase Notification, please check Your SPAM/JUNK email folder. Should You need Your notification resent,
please contact the Auction Manager. Please be aware that once the auction pick-up time has ended, we will no
longer be able to send purchase notifications.
6.7 Bidding Errors.
With each bid placed, you are asked to confirm the bid amount entered. Should a mistake be made before the time
the auction’s bidding is scheduled to end; You may request to have Your error corrected. Animal Auction Company,
LLC will have sole discretion over how or if this error will be corrected. Please submit Your request immediately
through our Contact Us page or by calling customer service at 740-572-7164 or call the affiliate company assigned
to the auction. However, if the mistake is made while the auction is closing, the bid will stand as entered.
TIMELINESS OF BIDDING ERROR REPORTS - BIDS CANNOT BE REVERSED AFTER THE AUCTION
HAS CLOSED – NO EXCEPTIONS WILL BE PERMITTED.
7. PAYMENT
7.1 Payment Types.
All bids are in US Dollars; all settlements will be paid in US Dollars. Animal Auction Company, LLC accepts cash
(USD), certified checks, money wire (must confirm approval via customer service see, Section 4.1) or VISA®,
MasterCard®, Discover®, and American Express® as acceptable payment for items purchased (credit processing
fees may apply). You may be required to present current identification (such as a valid driver’s license or state ID) at
time of payment. Animal Auction Company, LLC accepts cash payments in USD only. Items will not leave the
auction premises until payment, including all applicable taxes and/or fees, has been made in full. Payment type
restrictions for an entire auction or an individual item may apply; please read the Auction Details for additional
terms.
7.2 Buyers Premium & Sales Tax.
Full payment including the 10% buyer’s premium must be received in 3 business days from the close of bidding on
all auctions. Late fees are subject to a 12% finance charge after the fourth day. A fee of $50 will be assessed on all
returned checks and after 3 days on all late payments and the bidder may be denied access to future auctions. If your
credit card is denied more than 3 times a $25 processing fee will be applied.
7.3 Tax Exempt.
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If You are a tax exempt Bidder, it is Your obligation to go to Your Bidder Profile and fill in Your tax exempt
number. You will be contacted by Customer Service with further instructions to complete the tax exempt process.
7.4 Liability Regarding Purchases.
Once the item(s) have been paid for by any means, You assume full risk and responsibility for the purchased item(s)
unless otherwise noted as donated/forfeited.
YOU AGREE THAT ANIMAL AUCTION COMPANY, LLCSHALL NOT BE LIABLE FOR PERSONAL
INJURY AND PROPERTY DAMAGE RESULTING FROM THE USE, IMPROPER HANDLING,
MODIFICATION, OR MISUSE OF THE MERCHANDISE BY YOU OR ANY OTHER PERSON
FOLLOWING POSSESSION OF THE PURCHASED ITEM(S). IN NO EVENT SHALL ANIMAL
AUCTION COMPANY, LLC BE LIABLE TO YOU OR ANY OTHER PERSON FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR
GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER
PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE, AND WHETHER IN AN ACTION
FOR BREACH OF WARRANTY OR OTHERWISE.
7.5 Failure to Remit Payment.
Any items not paid for and/or delivery arrangements have not been agreed upon within 7 days post auction or in
accordance with the Animal Auction Company, LLC Terms and Conditions will be forfeited by You and shall be
deemed a breach of this Agreement. Animal Auction Company, LLC may, in its sole and absolute discretion, resell
the items or donate the items to a charity of Animal Auction Company, LLC or the affiliate’s choosing. Any default
in payment will be subject to interest and collection fees. Animal Auction Company, LLC and/or its affiliates
reserve the right to report your account to collections for the combined total of the original invoice amount and any
moving or disposal charges. You bidding privileges may be in jeopardy if You fail to remit payment for an invoice
issued. You are also advised that Animal Auction Company, LLC and/or its affiliates may aggressively enforce its
rights to the fullest extent of the law, including civil and/or criminal prosecution.
8. Transportation/Delivery/Registration
8.1 Transportation.
Buyer shall be responsible for making arrangements for delivery of merchandise or livestock and arrangements are
between Buyer, seller and any third party shipping company employed – Animal Auction Company, LLC assumes
no responsibility in transporting or delivering animals. Winning bidders may choose to make transportation
arrangements themselves, provided that all payment has been made in full and all terms and conditions are met. No
animals or auction items will be delivered without proof of payment.
The buyer, at buyer’s own expense, shall transport the livestock or merchandise from the seller. Specific
arrangements will be indicated on each individual auction and expenses will be handled between buyer and seller. If
questions contact the seller before placing any bids.
Animal Auction Company, LLC is not affiliated with nor do they endorse any shipping companies and assume no
responsibility for services provided by these companies.
8.2 Title and Delivery.
Title passes to the buyer at the end of the allotted bidding time for each lot. All risk of death, damage, or injury to
each lot becomes the buyer’s risk upon the end of the allotted bidding time. Each buyer following his or her
purchase will receive an Acknowledgement of Purchase via email outlining the details of the transaction including
payment, settlement, and final terms.
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8.3 Registration Papers.
All registration papers shall be delivered from the seller to the buyer within approximately 45 days of the check
clearing the bank or acceptance of final payment. The seller is responsible for the transfer of registration papers.
Animal Auction Company, LLC assumes no responsibility for registration transfers.
8.4 Donation/Forfeit Policies.
If You are unable to arrange transportation, You may choose to Donate/Forfeit Your items without jeopardizing
Your bidding privileges. In the Online Checkout, please choose the “donate” pick-up option to pay for Your items
and OPT OUT of claiming them. Animal Auction Company, LLC has the right to resell, remove, or dispose of the
item(s) You choose to donate/forfeit and You will not be entitled to a refund.
9. Termination
Animal Auction Company, LLC reserves the right, at its sole and absolute discretion, to permanently terminate Your
access to Your account at any time effective immediately, with or without notice, if We determine or suspect You
have violated these Terms & Conditions, any laws, or the rights of other users or third parties. In the event of
termination by Animal Auction Company, LLC in connection with Your breach of these Terms & Conditions,
Animal Auction Company, LLC may pursue any remedy that may be available, at law or in equity, with respect to
such breach. Regardless of the reason for any termination, You agree that if Animal Auction Company, LLC, in
good faith and in its sole discretion, determines that You have breached these Terms & Conditions, Animal Auction
Company, LLC may cancel all current bids placed, withhold merchandised not picked up, or otherwise retain any
and all of Your pending transfers and/or shipped merchandise. Upon a termination You agree to pay Animal
Auction Company, LLC for all outstanding unpaid invoices through the date of termination.
10. Indemnification
You agree to indemnify, defend, and hold Animal Auction Company, LLC and its members, managers, directors,
employees, agents, affiliates, licensors, and other partners (collectively, the "Indemnified Persons") harmless from
any loss, cost, expense, liability, claim, or demand, including reasonable attorneys' fees, suffered by any Indemnified
Persons due to, arising out of, or in connection with (i) Your use of Animal Auction Company, LLC or any of the
services offered by Animal Auction Company, LLC, (ii) any violation of these Terms & Conditions by You or any
person acting in collusion with You, (iii) any violation of applicable law or court order by You, and (iv) any
negligence or willful misconduct by You.
11. Events Beyond Control
11.1 Interruption of Service.
Animal Auction Company, LLC shall not be responsible for any interruption in service, errors, and/or omissions
caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Website.
With current technology, it is not possible to develop and operate computer programs (software) and data processing
systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet.
You acknowledge that this auction is conducted electronically and relies on hardware and software that may
malfunction without warning. In the event of any malfunction relating to the Website, We, in Our sole discretion,
may void any sale, temporarily suspend bidding and/or re-sell any item/lot affected by any malfunction. The
decision of Animal Auction Company, LLC shall be final.
11.2 Temporarily Suspended Auctions or Lots.
When an online auction or lot needs to be temporarily suspended, the current bidding price and the current highest
Bidder will be recorded. Temporarily suspended auctions and lots will be clearly indicated when applicable.
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11.3 Liability Regarding Unforeseeable Events.
Under no circumstances shall Animal Auction Company, LLC be held liable for any delay or failure in this Website
and/or information on the Website directly or indirectly resulting from, arising out of, relating to or in connection
with events beyond the reasonable control of Animal Auction Company, LLC. This includes, but not limited to, any
third party associated with Animal Auction Company, LLC or the services provided by Animal Auction Company,
LLC.
12. Trademark
The trademarks, logos, characters and service marks (collectively "Trademarks") displayed on the Website belong to
Animal Auction Company, LLC or are used with permission. Nothing contained on this Website should be
construed as granting any license or right to use any Trademark displayed on this Website. Your use/misuse of the
Trademarks displayed on this Website, or any other content on this Website, except as provided in these Terms &
Conditions, is strictly prohibited. You are also advised that Animal Auction Company, LLC will aggressively
enforce its intellectual property rights to the fullest extent of the law.
13. Affiliates
Animal Auction Company, LLC may, from time to time, give general guidance to its affiliates, in the daily operation
of its business affairs and assist in marketing through the use of its website www.animalauctionco.com. However,
each Affiliate remains its own separate entity and is independently owned and operated.
14. Governing Law
These Terms & Conditions and their interpretation shall be governed by the laws of the state of Ohio. Auctions with
ONLINE ONLY bidding are not subject to the Auction statute (4707) and are not under the supervision of the
Department of Agriculture. Any suit relating to these Terms & Conditions shall be brought to the Court of Common
Pleas in the county in which the auction is conducted. Any controversy or claim arising from or relating to these
Terms & Conditions, or breach thereof, shall be settled through the American Arbitration Association or any
substantially similar association in the appropriate jurisdiction, and judgement on the decision rendered by the
arbitrator, may be entered in any court having jurisdiction therefor. In any litigation, arbitration, or other legal
proceeding which may arise between any of the parties hereto, the prevailing party shall be entitled to recover its
costs and expenses, including costs and expenses of arbitration, court costs, and expenses incurred on appeal, and
reasonable attorneys’ fees incurred in any dispute through arbitration and appeal of and final judgement in addition
to any relief to which such party may be entitled.