Auction Terms & Conditions
·Each lot will be sold to the highest bidder. The auctioneer will
settle any disputes as to bids, and his decision on such matters shall be
final.
·All persons who attend the sale do so at their own risk. Neither
the EWA, the sponsoring association, the auctioneer, sale manager, nor any
other person connected with the management of the sale or with the event
assumes any liability, legal or otherwise.
·Arrangements to pick up animals will be made between the Buyer
and the Seller. EWA assumes no responsibility for the delivery of the
auctioned items/animals.
·All settlements are to be made with the clerk of the sale
immediately following the conclusion of the sale and before any item will be
released from the sale premises. It is the responsibility of the buyer at
any auction for all purchases made by that individual. All
auction items must be paid for at the end of the auction.
Items left and not paid for will be placed back into inventory at 30
days.
·In the
event of a post-sale dispute, the aforementioned articles of the terms and
conditions shall apply. EWA is not responsible for descriptions of
donated items described herein. EWA assumes no responsibility for trophy
size or lack thereof. All guarantees are between Buyer and Seller. Nor
does EWA accept responsibility for workmanship or defects of any nature in
products offered.
THE FOLLOWING TERMS AND
CONDITIONS WILL APPLY TO THE
PREMIER AXIS & FALLOW and EXOTIC
CONSERVATION VIDEO AUCTIONS
IN ADDITION TO THE ABOVE CONDITIONS
1. For the Axis, Fallow & Exotic animal video auctions
only – check, cashier’s check, cash or credit card will be accepted
for payment of purchased animals. All credit card transactions for
animals will include an additional 4% handling fee.
2. FOR THE AXIS & FALLOW
AUCTION ONLY - All purchases at the Axis & Fallow video auction MUST be paid for at the end
of the Axis & Fallow sale. EWA will accept a 50% deposit of the purchase
price at the close of the Axis & Fallow sales ONLY. The remaining balance
shall be paid by the buyer to the seller at the time of delivery of
the purchased animal or semen. EWA will deduct its commission and lot fee
and send the remaining deposit. The purchase then becomes a contract between
seller and buyer.
3. FOR THE EXOTIC VIDEO AUCTION - ALL LOTS MUST BE PAID 100% - All purchases at the
exotic animal auction MUST be paid for at the close of the sale. If there is no payment at
the close of the sale, the buyer (in person or through DV Auction) will have 7
business days to pay by check or EWA will purchase the animals from the
consignor less the commission and lot fee. The consigned animal(s) will
become property of the EWA and resold with the proceeds going to the EWA.
4. Buyer and Seller will mutually agree to pickup/delivery date
deadline (the “Deadline”) which deadline will not be longer than 60 days after
the date of the Auction. If however, the Seller or Buyer does not deliver
the animal(s) by the deadline and has not notified EWA in writing to a
different delivery date which is longer than the deadline, then in such event,
EWA will interplead the sales proceeds, net of a commission as determined
by the EWA Board of Directors and $50.00 Lot Fee due EWA. The contract
between buyer and seller will become void and all monies will be returned to
buyer and the commission will be due from the consignor. Once EWA
has returned the Net Proceeds to the buyer, EWA will be released from any and all
further obligations, liabilities and/or duties to the Buyer or Seller relating
to the Auction. In the event of conflict between the provisions of this
paragraph 3 and the specified manner and terms of delivery of the animals
as stated on an Individual Lot Number in the Auction Catalog, the terms and
provisions of this paragraph will prevail.
4A. If for
any reason the seller is unable to deliver any purchased animal as required
under the terms and conditions of the Video Animal Auction, all monies
will be refunded to the buyer, and the seller will be assessed the normal
commission and lot fee applicable for this sale.
5. For out of state buyers it will be the buyer’s
responsibility to assure all import requirements are met in the buyer’s home
state. All health permits, testing, or associated expenses will be the
buyer’s expense for out of state movement of purchased animal(s). All hoofstock
species listed as endangered (ex. Arabian Oryx, Barasingha, Eld’s deer, Red
Lechwe, Grevy’s Zebra) must remain in the state of Texas unless the buyer and
the seller have the proper Captive Breeders Wildlife Permit issued by the United
States Fish and Wildlife Service (USFWS).
6. CWD Intrastate movement exotic CWD susceptible species; Red
deer, sika, and elk in order to be moved intrastate must originate from a Texas
Animal Health Commission (TAHC) registered premise and moved to a TAHC
registered premise, must be tagged with an Electronic Identification Device
(EID) approved by the TAHC, and accompanied by a transfer permit. For
interstate movement of these species all entry requirements of the receiving
state must be met. This will be the buyer’s responsibility to ensure the
purchased animals meet all CWD interstate movement requirements in the
receiving state prior to the sale.
7. All animals consigned will be sold by the head
(i.e., 1.3 Kudu is the sale price X4)
8. Except as to the contrary provided in paragraph 3 and 3A
hereof, the EWA office will make no disbursement of funds to the Seller
until both the Buyer and Seller have notified the EWA office in writing on the
prescribed Live Auction Delivery form that the transaction for the purchase of
animal(s) is complete. There will be a $50 lot fee paid to EWA on each lot
consignment. In addition, EWA will be paid a commission (see
paragraph 9) as determined by the EWA Board of Directors on each lot
sold. The lot fee and commission will be deducted from the gross sales
price prior to payment to Seller. All P/O’s will pay 5% of
the last bid. Animals not P/O’d at the end of the sale of their lot will
be considered sold to the last bidder at that time. If you P/O your
animal you need to write P/O on the lot form with your signature.
9. Any changes from information of any kind in this catalog
will be announced from the auction block and such announcements shall take
precedence over any printed material. The above terms and conditions of sale
shall constitute a contract between the Buyer and Seller of each lot and shall be
equally binding upon both.
10. Commission is as follows and is based on the following dollar
amounts per lot:
Sale price up to $5000 - 11%
Commission
Sale price from $5001 -
$9999 - 10% Commission
Sale price over $10,000 - 9% Commission
