Buy Your Way Bull Sale - ONLINE TERMS & CONDITIONS

GENERAL

Hofmann Simmental Farms and all bidders agree that the terms and conditions set forth below shall govern this online auction.  Any announcements at the time of auction or bidding will take precedence over material previously provided.

 All registration information provided by Bidders to Hofmann Simmental Farms shall be current, accurate and complete. Bidders must be at least 18 years of age. Bidders acknowledge that this online auction is conducted electronically and that Hofmann Simmental Farms and other parties to the online auction will therefore of necessity rely on hardware and software that may malfunction without warning. Bidders agree to not use any device, software or routine to interfere or attempt to interfere with the proper functioning of this online auction sale. To proceed with bidder registration, Bidder must first agree to the following User Agreement

BIDDER INFORMATION
You are solely responsible for providing accurate information that will be used to identify you to this online auction system, to deliver notices to you and to allow Hofmann Simmental Farms or acting representative to contact you. If your contact information changes, then you are responsible to notify Hofmann Simmental Farms with the new, correct information. Hofmann Simmental Farms will not be responsible for lost, delayed or misdirected notices in the event you do not update your information in a timely manner. Hofmann Simmental Farms may refuse to provide services to anyone at any time. You will be suspended or permanently banned from this site if you provide false information when registering, such as a false name or false contact information. You will also be permanently banned from this site if you are the successful Bidder in an online auction and do not honor your auction bid. Our use of e-mail addresses is strictly for contacting Bidders; any use of this private information by anyone else or for any other reason is strictly prohibited.

LOT DESCRIPTION AND SALE INFORMATION
Hofmann Simmental Farms believes the descriptions of any lots appearing in this online sale and in advertising prior to this online auction sale to be correct.  Bidder acknowledges that all lots were available for inspection prior to the online auction sale and, by these terms, Hofmann Simmental Farms strongly encourages all buyers and bidders to carefully inspect each lot in which bidder has any interest.

BIDDER/BUYER ELIGIBILITY
The auction is only available to individuals who can enter into a legally binding contract or contracts under applicable law. Without limiting the foregoing, our services are not available to minors. Further, your account and user ID may not be transferred or sold to another party. If you do not qualify as an eligible bidder or buyer, please do not use this service.  If you are registering as a business entity, you represent that you have the authority to bind such entity to this Agreement.

ONLINE BIDDING
Bidding is done in increments.  You are encouraged to bid the maximum amount you are willing to pay for the lot (Maximum Bidding). Be aware that you may be outbid minutes before the close of the online auction and may not have the opportunity to enter another bid. You may or may not automatically receive notification if another bidder outbids your maximum bid. You will therefore need to monitor the auction activity to stay fully informed. In the event of a tie, the earlier bid will be considered the winning bid. Online bidding ends prior to the close of the live portion of the auction.  A sale is not considered final at the close of the intenet bidding. There are no exchanges or refunds absent express statement to the contrary expressed herein. A bid by any person shall be deemed conclusive proof that such person is familiar with the Terms and Conditions of Use and Auction Rules and that the Bidder agrees to be bound by them.

Every transmission over the Internet travels a different route and can be delayed by a variety of factors, including the Bidder’s own computer. The time lapse between submission of a bid and its registration can vary by several seconds. Bids are queued by Auctioneer’s host computer in the order received. Bid positions are awarded on a first come first served basis. Bids are time stamped by the host computer with the time received. To be accepted, bids must be received by the host computer prior to closeout.

In the event of malfunction by any of Hofmann Simmental Farms' hardware or software, the current auction will be stopped. If the malfunction has not affected the sale prior to the malfunction, the lots will be considered sold. Auction of any remaining lots will be completed upon correction of the malfunction. Bidding on the remaining lots will be open, with no bid positions awarded upon resumption of the auction. Any malfunction by the Bidder’s computer or Internet service provider is not the Auctioneer’s responsibility.

Placing a bid is a binding contract between you and Hofmann Simmental Farms, and the bid cannot be retracted. Once a Bidder places a bid, and the bid is the high/winning bid, the Bidder will be obligated to buy the lot at the said price indicated should the high bid be in place at the end of the final live auction. Placing a bid on this online auction site, and winning, then not paying for the lot is illegal in most states, and prosecution can result.
We do not guarantee continuous or uninterrupted, or secure access to our online auction services, and operation of our online auction site may be interfered with by numerous factors outside of our control.

Hofmann Simmental Farms reserves the right to reject any and all bids.

BIDDER RESPONSIBILITY
As a Bidder, you are responsible for any bids placed by you or a designated representative under your bidding number and password. The security of your Bidder information is your sole responsibility and the Bidder will be responsible for any and all bids placed under the assigned number. If, at any time, you feel that your Bidder number and password have been compromised, due to lack of security on your part, you must notify Hofmann Simmental Farms
immediately.

Bidders agree that when using the Maximum Bid feature on our online auction Web site they will use it according to the terms and conditions applicable to that feature. Please note that when using the Maximum Bid feature, if you are the current high Bidder and you want to change your Maximum Bid, you will be required to place a new bid in the increment designated for that lot in order to raise your Maximum Bid, which may cause you to raise your last high bid by one bid increment. You, as a Bidder, understand and agree to how the Maximum Bid feature works if you choose to use it.

CANCELLED BIDS AND OR RETRACTIONS
Once a bid is made and confirmed, it cannot be retracted. When a bid is made you manifest your intent and ability to buy the lot at the bid price. A false or fraudulent bid may result in legal action. Any winning Bidder who refuses to purchase the lot may be banned from all future online auctions. There are no bid retractions. ALL BIDS ARE NON-CANCELLABLE ONCE SUBMITTED. Despite efforts to avoid the withdrawal of lots from the online auction sale after they are listed, it may sometimes be necessary to so withdraw lots, therefore, the Owner/Seller reserves the right to do so at any time before or during the online auction sale.

LIABILITY
In no event shall Hofmann Simmental Farms be liable for lost profits or any special, incidental, or consequential damages whatsoever arising out of or in connection with any sale or transaction. Hofmann Simmental Farms reserves the right to reject or void bids, whether winning or not, that Hofmann Simmental Farms deems not to have been made in good faith, or that are restricted, prohibited, or taxed due to local laws. Hofmann Simmental Farms is the one and only judge regarding the determination of winning bidders, and the single deciding authority if disputes should arise, and accepts no liability for any errors or omissions. Hofmann Simmental Farms reserves the right to reopen bidding on any disputed bids or ties.

SALE POSTPONEMENT OR CANCELLATION
Hofmann Simmental Farms reserves the right to postpone or cancel a sale without notice, if we determine in our discretion that such action is appropriate for whatever reason. Hofmann Simmental Farms will neither have liability nor obligation to the intended bidders as a result of any withdrawal, cancellation, or postponement of any sale.

REGISTERED LOTS
Registration papers on registered lots shall be transferred to the Buyer within approximately 45 days of the Buyer’s check clearing the bank or acceptance of final payment. Hofmann Simmental Farms is responsible for the transfer of registration papers.  Cattle sell under the terms and conditions of the American Simmental Association.

DELIVERY AND TRANSPORTATION
The Buyer, at Buyer’s own expense, shall transport the livestock or merchandise from the Owner/Seller. Specific arrangements will be indicated on each individual auction and expenses will be handled between Buyer and Owner/Seller. If you have questions regarding transportation, contact the Owner/Seller before placing any bids.

PURCHASE AND PAYMENT
Payment for purchases must be made payable to Hofmann Simmental Farms.   Buyer must acknowledge and agree not to retract the purchase offer. All bids are in US Dollars; all settlements will be paid in US Dollars.

AGENTS OR REPRESENTATIVES
Persons acting as agents and or representatives of buyers must so indicate so upon registration.

NON PAYMENT
If any person shall purchase a lot and fail to pay for it in the manner described above, the Owner/Seller shall have, in addition to all other legal rights, the right to resell the lot, or, at Owner/Seller’s option, bring an action for specific performance, in which event the defaulting Buyer agrees to pay all costs of such suit, together with all reasonable attorney’s fees and expenses. In the event of a resale, the defaulting Buyer agrees to pay all costs of resale, plus any deficiency between the original purchase price and the total price upon resale. If Buyer brings a lawsuit against Hofmann Simmental Farms and does not prevail, Buyer will reimburse Hofmann Simmental Farms for all reasonable legal fees and expenses incurred in connection with said suit.

INDEMNIFICATIONS
Bidders and Owner/Seller agree to indemnify and hold this online auction site, its owner, and its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Bidder’s and Owner/Seller’s use of the online auction service, the violation of these terms of service, the infringement of the service using Bidder’s computer, or of any intellectual property or other right of any person or entity.

LEGAL COMPLIANCE
You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our online auction service and your bidding on, listing, purchase, solicitation of offers to purchase and sell lots.

NO AGENCY
This agreement does not give rise to any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between yourself and Hofmann Simmental Farms.

GENERAL INFORMATION
This Agreement shall be governed in all respects by the laws of the State of Kansas, as such laws are applied to agreements entered into and to be performed entirely within Kansas between Kansas residents. Bidders expressly consent to jurisdiction over any dispute(s) that may arise hereunder or related hereto in the State of Kansas.

If any provision or portion of a provision of this agreement is held to be invalid or unenforceable for any reason, such provision or portion of a provision shall be struck and the remaining provisions shall be enforced.

Hofmann Simmental Farms may amend these terms and conditions at any time by posting the amended terms on our Web site. The amended terms shall automatically be effective 10 days after they are initially posted on our Web site. These terms and conditions were last revised on February 20, 2010.

PRIVACY POLICY
You must submit personal information at the time of registration to bid on this auction site. We will never give or sell your information to any outside company. The information you provide us with will only be used by Hofmann Simmental Farms to maintain records for the auction sales and to aid us in providing service to you. This online auction site may contain links to other sites. We are not responsible for the privacy practices or the content of other Web sites out of the control of Hofmann Simmental Farms.

YOUR CONSENT
By using the web site honestbulls.com or hofmannsimmental.com for bidding purposes, you are consenting to the collection and use of this information by this company. We use e-mail mailing lists to notify our customers about online and live auctions. If your e-mail or other registration information changes, please notify us immediately. If you are receiving a particular mailing and wish to discontinue receiving future mailings, simply forward the received e-mail to us and we will promptly remove your name from our list.