CONSIGNOR TERMS & CONDITIONS
2023 TDA CONVENTION
Consignment Deadline: JANUARY 9, 2023
WITHIN A REASONABLE TIME BY AGREEMENT WITH THE CONSIGNOR (SELLER), THE BUYER SHALL PAY AND TAKE POSSESSION OF PURCHASED ANIMAL OR ANIMAL SEMEN AS STATED IN THE AUCTION CATALOG. FAILURE TO DO SO WILL INVALIDATE THE SALE AND ANY MONIES PAID OR RIGHTS TO PURCHASE SAID ANIMAL OR PROPERTY WILL BE FORFEITED WITHOUT REFUND AND MAY SUBJECT BUYER TO ACTION OF THE TDA ETHICS COMMITTEE (AND REMOVAL OF GOOD STANDING).
Sale Offers: For animals, Consignors may offer amount due at time of sale of 50%, 25% or 15% of sales price to be paid to TDA, with the balance payable to the Consignor at time of animal delivery/pick-up. For animal semen, the amount due at time of sale is 100% of sale price to be paid to TDA.
Description & Guarantee: Representations and guarantees are strictly between the individual Consignor and the Buyer. Consignors shall make reasonable efforts to ensure the accuracy of the information provided for each lot submitted for the sale. Neither TDA nor the auctioneer assumes any liability for misrepresentation, errors or omissions in the information or photographs provided by the Consignor and will make no warranties expressed or implied as to the accuracy or suitability of the Consignor’s lots.
Bidding: Each auction lot will be sold at a stated sales price to the highest bidder, as determined by the auctioneer. The auctioneer will settle any dispute as to bids and his decision will be final.
Buy-Backs: Consignor agrees to advise TDA of any Buy-Back immediately after each sale and agrees to pay a 2.5% administrative fee should failure to advise TDA require a re-invoicing. If the Consignor does not desire to sell the auction lot for the last announced price in the auction, they may “buy-back” the lot by personally bidding on that lot themselves or through a designated agent, which includes the Auctioneer.
Cancellations/Pulls/Scratches: Any lot removed from the auction by the Consignor AFTER the auction catalog has been finalized will result in a $750 fee unless the lot is replaced on a timely basis with a like kind and/or value offered for sale.
Announcements: Announcements from the Auction Block shall take precedence over the auction catalog or any other printed/digital materials.
Commission: Consignor agrees to pay a 10% commission on sales price or the last announced price for Buy-Back, or a minimum commission of $250, whichever is greater. If the lot is split, the minimum commission shall apply to the aggregate sales price.
Consignment (Lot) Fee: Consignor agrees to pay TDA a non-refundable consignment fee of $150 per lot for entry into the sale. This fee may be either deducted from the Consignor’s sale proceeds, if applicable, or invoiced.
Transfer of Possession/Use: Consignor agrees to maintain, in good condition, possession of any animal or animal semen until full settlement is made and the lot has been transferred to the Buyer, within the time frame prescribed above. Delivery/pick-up of any animal or animal semen and associated costs/charges negotiated between the Consignor and Buyer, with no duty or liability shared by the TDA.
Liability & Assumption of Risk: All persons who attend the auction, do so at their own risk. Neither the TDA, its auctioneer, its employees or directors assume any liability, legal or otherwise, to any accidents or miscommunications that may occur.
Contract: Once the auctioneer announces “SOLD”, a contract is created solely between the Consignor and the Buyer, and a bidder sheet will be submitted to the Buyer for their immediate acknowledgement, via signature (and bidder #). TDA is an independent contractor and expressly disclaims any agency relationship between the Consignor or Buyer.
Payment: Payment (cash, check, or credit card) is due immediately following the close of the auction. Buyers agree to pay 50% of sales price on animals (unless stated or announced otherwise at the time of the sale to be 15% or 25%), and 100% of sales price on animal semen.
Settlement: Consignor agrees to be paid within 10-15 banking days of TDA’s receipt of payment from the Buyer. Such payment to the Consignor will be monies collected from the Buyer less commission and consignment fees AND any other monies owed by the Consignor to TDA.
IF CONSIGNOR HAS NOT RECEIVED PAYMENT FROM TDA FOR A LOT, THE CONSIGNOR AGREES TO CONFIRM WITH TDA THE RECEIPT OF AMOUNT DUE PRIOR TO RELEASING THE ANIMAL OR ANIMAL SEMEN TO THE BUYER.
*ONLY COMPLETE CONSIGNMENT APPLICATION FORMS WILL BE ACCEPTED.