Consignor Agreement

Consignors Agreement for buyhereford.com Online Auctions
PLEASE READ THROUGHLY, AND SIGN BELOW!

ENTRY DEADLINE All entries, registration papers, fees, and photos are due by entry deadlines posted online at buyhereford.com. Please send us your items via US Postal Mail, fax, or e-mail forms.

LOCATION The auction will be open to the public online at www.buyhereford.com and can also be accessed on www.thewendtgroup.com.

ENTRY FEE There is a $50 entry fee per lot or sub-lot ($75 entry fee for video lots) that is nonrefundable, and due with your entry information. Late entries will not be accepted - any entries received after the deadline will be placed in the following month's sale. All entry fees must be paid prior to the sale via credit card, cashier's check, money order, etc.

COMMISSION The commission costs will be 8% of the final online auction total with a $2000 per lot commission cap.

BUYERS PREMIUM No buyer's premium in effect for this online auction.

COMMERCIAL GROUPS Groups of 5 or more - $50 entry fee, 6% commission, and no buyer's premium. Example - Lot #9 selling a group of 5 commercial cow calf pairs as one lot. So, one bid times 5, but sell as one lot.

SETTLEMENT Settlement will take place on a per consignor basis within 7-10 days after all funds are collected.

RESERVE BIDS Sellers will establish a reserve or minimum price on each lot at the time of entry. The reserve price is the starting bid price on each lot. Commission will be charged on the final online auction total.

ENTRY FORMS Make copies of the forms for multiple lots and add extra pages if you need more space. It is also fine to email your footnote information in an email or attached as a Microsoft Word file. Just follow the format of the forms enclosed.

SEND INFORMATION BY MAIL, FAX, OR E-MAIL:
The Wendt Group, Inc.
Attn: Buy Hereford
23855 State Route 161
Irwin OH 43029
EMAIL: ashley@thewendtgroup.com
PHONE: 614-403-0726

You know your cattle better than anyone! Tell us background information on the origin of the cow family, as well as your opinions of the family's contributions to your program and the breed. If you feel you are not a strong writer, please provide a list of descriptive phrases or an outline of notes and we'll take it from there!

PHOTOS Excellent photos on the Internet will contribute greatly to the success of this sale, so we urge you to take the time and make the investment to get quality photos. Please understand that all photos will be subject to screening. Photos, which do not meet a high standard of quality, will not be published. If you wish to email a photo (preferred) please be sure it is saved as a JPEG format at the highest resolution possible (at least 300 dpi) and email directly toashley@thewendtgroup.com. For reference animals, we can acquire photos from other publications of well-known cattle to represent many of the cow families we are offering. If we acquire photos on your behalf from breed associations and publications that charge a photo fee you will be billed at cost for those photos.

VIDEOS  Adding a video for your buyhereford.com entry is also an option. Video files need to be emailed to Ashley Nash at ashley@thewendtgroup.com or uploaded to You Tube and a link to the video emailed. The You Tube option is the best option available for this sale.

SALE ORDER The sale order will be determined by the staff of The Wendt Group, Inc. in cooperation with the American Hereford Association Field Staff.

INSURANCE Stuart Wilson, Wilson Livestock Agency of Harding and Harding will provide insurance for this event, phone 217-756-8828 or fax 217-756-3206.

The following terms will apply to each of the lots detailed in this auction.
THE RIGHT TO FLUSH All lots described as "The Right to Flush" will carry the following guarantee. In all cases, a minimum of six (6) grade one, transferable embryos is guaranteed to the buyer. If the cow produces more than six transferable embryos, all embryos will be the property of the buyer. In the event of any cow failing to produce the minimum number of embryos (6), the buyer will have the option of flushing the cow again until the minimum, and only the minimum (6), number of embryos is fulfilled, or the buyer may elect to have their money returned to them based upon a prorated price per embryo as determined by the auction price of the flush. In all cases, the buyer will assume the expenses associated with the embryo flush, unless otherwise stated. The location of and the technician used for the flushing procedure will be the choice of the seller and in most cases will be indicated at the auction. Unless stated otherwise, the buyer will have the right to flush the female as soon as she is available.
In marketing embryo transfer flushes by The Wendt Group, Inc., it has become an accepted practice to require total 100% payment at the conclusion of the auction. Scheduling a flush and making the final payment collection have become more and more challenging these days. Flush transactions can go on for years if not managed properly. In order to assure both the consignor and buyer that each will receive what is due them, we have outlined the following enclosures to the standard flush agreement.
1] We encourage the Buyer and Seller that a written agreement to be signed by both consignor and buyer after the sale that clearly defines and guarantees the terms of a flush purchase. This is suggested as an example to buyer and seller. The Wendt Group, Inc. and buyhereford.com are only acting as an agent between the buyer and seller. The Wendt Group, Inc. has a sample contract available upon request.
2] Flush consignor must identify the time period within which the buyer may schedule the donor for a flush. (i.e. Donor is available between February 15 and June 15, 2010). Should the flush not be achieved within the time period specified, consignor must be able to refund the one-half purchase price paid.
3] Because the buyer is RESERVING the female for his use during the specified time period, total 100% payment is due upon purchase. Consignor will retain control of the donor cow and embryos until full payment is made. The Wendt Group, Inc. will assist consignor in completing or negotiating the final transaction to satisfy both parties. Flush schedule, flush minimums, terms, and technicians may be specified on the entry form. These terms are controlled by the seller and agreed upon between the buyer and seller.
4] Specific Flush terms and conditions may be provided on a lot by lot basis. Check the auction lot individual descriptions or call the seller directly to discuss terms and conditions n advance of bidding.

PREGNANT RECIPIENTS In the case of already realized pregnancies (i.e. embryos that have been implanted and confirmed pregnant) the buyer will pay 100% of the purchase price auction day. Each of these recipient females has been examined for pregnancy by a qualified technician and is fully guaranteed to be carrying the mating described in each lot. These cattle will sell without further guarantee. In the case of unrealized pregnancies, the seller will provide the buyer with a pregnant recipient female that is fully guaranteed to be carrying the mating described in its respective lot on or about the time agreed upon by the buyer and the seller. Buyer must take delivery of and make full settlement for their pregnancy purchase within 30 days of confirmation of the pregnancy and notification by the seller. All sexed pregnancies are fully guaranteed to be carrying the calf sex as determined in this auction or as selected by the buyer. No guarantee, expressed or implied, is made as to a live calf, calf quality, or recipient value. In all cases transportation will be the responsibility of the buyer in cooperation with the seller.

EMBRYO PACKAGES All embryos are Grade One or Grade Two and are fully guaranteed to consist of their respective mating described herein. Due to the nature of this event and the wide range and geographical locations of buyers and sellers involved, no guarantee can be made as to conception rate realized when using these embryos. However, if the buyer uses an embryo technician that is agreed upon by the seller and the buyer informs the seller of his intentions prior to implanting the embryos, at least one pregnancy will be guaranteed per three embryos sold. In all cases, the buyer will be responsible for all shipping arrangements and expense.

SEMEN All semen is guaranteed to be of acceptable quality but no guarantee is made as to conception rate. However, in all cases, the buyer will be responsible for all shipping arrangements and expenses.

LIVE ANIMAL HEALTH PAPERS & TB TESTING & ACCREDITED STATUS Each live animal lot selling must have an individual interstate health certificate for a period covering travel from the sale date and on to the purchaser's destination. Bred females must also provide verification of breeding status. To ensure there are no restrictions on travel to final destinations our vets strongly recommend that ALL CATTLE be TB tested within 60 days of the sale. If you are accredited-free for TB (state or herd) and choose not to TB-test your sale lots as an added measure, be sure that your vet lists your state's or herd's TB-free certification on the health papers.

BREEDING GUARANTEE & GENETIC DEFECT DISCLAIMER We require that each consignor agree to the standard Breeding & Genetic Defect Policy endorsed by the Breed Association. Should a defective calf result, buyer is responsible for reporting the defect and following through each of the steps of the Breed Association protocol. If animal is verified to be defective by The Breed Association, buyer must submit a written copy of the verification to the Seller, The Wendt Group, Inc. and buyhereford.com. Seller is responsible to make adjustment with the buyer. Unless an animal is listed on the Breed Association "Genetic Defect Status List," the breeder, etcow.com and Breed Association make no representation of any kind to whether or not the animal has a genetic defect.

SHIPMENT OF EMBRYOS, SEMEN, AND LIVE ANIMAL TRANSFER Shipment of embryos, semen, and the transfer of live animals is at the buyer's expense and risk in cooperation with the seller. The Wendt Group, Inc. and buyhereford.com claim no liability or guarantees on any genetics, products, or services purchased or sold through this site. Buyer will pay shipping costs to and from destinations to the shipper company. The buyer will pay for purchases with a credit card, cashier's check, or personal check. If paid with a personal check the sold embryos will be held until the check clears the bank. The transfer of registration certificates or artificial insemination certificates is the responsibility of the seller. The buyer will be responsible for providing a shipper tank for embryos and semen and is responsible for quality and accuracy of the tank. Buyer assumes all responsibility of embryos and semen and the shipping tank and is encouraged to purchase insurance for the tank and genetics. It is the seller's responsibility to ship sold embryos and semen by a reasonably qualified shipping source. The Wendt Group, Inc. will provide the seller with a complete shipping address, instructions, and insurance information if needed from a buyer. When payment is received on sold embryos from buyer a commission will be deducted by The Wendt Group, Inc. and the remaining balance will be mailed to seller within 7-10 business days.

AUCTION STAFF Kevin Wendt, CAI-Auctioneer/Broker and The Wendt Group, Inc are licensed by the Ohio Dept of Agriculture, and bonded by the Auction Recovery Fund. Our mission is to facilitate buyers and sellers for the purpose of selling and buying quality livestock genetics. The selling of genetics in this auction constitutes a contract between buyer and seller. We will assist in the collection of any bad checks but do not assume responsibility if a buyer fails to pay in full. Complete Online Auction User Agreement is located at buyhereford.com and www.thewendtgroup.com.

I AGREE I fully understand and agree to the terms and conditions of this online auction. I am over 18 years of age and or supervised by an adult and assume all responsibility for payment and delivery of any or all items.

CONTRACT ACCEPTED BY:

Seller:
  This is considered an electronic signature and it is binding.
Date:
Auctioneer:
  Kevin Wendt, Auctioneer

 

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