Auction Terms & Conditions ~ August 1 - 4, 2024
·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
ELITE REGISTRY and EXOTIC CONSERVATION VIDEO AUCTIONS
IN ADDITION TO THE ABOVE CONDITIONS
1. FOR THE ELITE REGISTRY & EXOTIC VIDEO AUCTIONS – 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 ELITE REGISTRY AUCTION ONLY - All purchases at the Elite Registry video auction MUST be paid for at the end of the Elite Registry sale. EWA will accept a 50% deposit of the purchase price at the close of the Elite Registry Auction 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
