Terms
Thank you for choosing to purchase livestock through Fischer Clerking, LLC. Prior to obtaining a bidder card, you must properly register and obtain a buyer number. If you do not register, you will not be allowed to bid. To fully register you will need to the following:
a. Provide a current photo ID;
b. Provide valid email and physical address for invoicing;
c. Provide a Letter of Credit / Letter of Funds from your banking institution; and
d. Agree to the Buyer’s Acknowledgement of Terms and Conditions
Please read carefully! If you cannot adhere to the terms set forth below DO NOT BID! Once you bid, you will be legally bound for full payment.
1. Payment will be made in US currency only in immediately available funds (cashier’s check, ACH, or wire transfer) Crypto currency and credit / debt cards will not be accepted.
2. Full and final payment must be received by the end of business day of the sale. You will not be allowed to transport any livestock until payment is received in full.
3. The winner of the bid will be notified with an invoice via email at the end of the auction. Again, this invoice must be paid in full before the end of the business day. Should you win the bid on a lot, at that time you become the legal owner and assume all risk of loss to the lot.
4. All payments are to be made payable to FISCHER CLERKING, LLC. Routing information to Fischer Clerking, LLC will be provided to you along with a representative at your banking institution (as indicated on your Letter of Credit / Letter of Funds). Please verify this information prior to commencing a wire transaction. Fischer Clerking LLC will not be responsible for money being sent to the incorrect account.
5. You acknowledge and agree that by placing a bid on livestock, you represent and warrant that you shall not misrepresent your ability to close the transaction, that you have the financial capability to close the transaction, and that you have the actual authority to enter a bid. Once your bid has been accepted, you are obligated to complete the transaction on the same business day as the sale. No exceptions.
6. Should you default on your obligation to make payment, you shall be liable for actual and incidental damages to Fischer Clerking, LLC, which would include, but not limited to, court costs and attorney fees. Default shall exist if full and final payment is not received the day of the sale and/or if the check given as payment for the purchased livestock does not clear due to non-sufficient funds.
7. No third-party commission will be paid. If you are acting as buyer for an agent or dealer, you will need to collect commission through the agent you are purchasing livestock for.
8. All transportation expenses and arrangements are the buyers' responsibility. A fee will be charged should transportation take place after the deadline set forth by the seller. This deadline will be posted in the description of the sale.
9. Each animal becomes the liability/property of the buyer as soon as the auctioneer announces it
“sold” or you won the bid online. Neither Fischer Clerking, LLC nor Seller will be held liable for any injury or death of an animal once the animal is sold to the purchaser. All livestock are sold “as is, where is”. If you feel the injury / death of the animals was caused due to actions of the seller, you will need to contact the seller for compensation. Fischer Clerking, LLC makes no warranties, express or implied, as to the condition or health of any animal, and all implied warranties arising under the Uniform Commercial Code and common law are expressly disclaimed. Fischer Clerking nor its agents have verified any of the weights of the animals. Fischer Clerking is acting as an agent for the seller and used information provided by the seller to represent the animals (such as weight, age, condition, vaccines, sex, etc.). Any descensions will be between the buyer and seller.
10. Prior to loading any livestock, the buyer must inform the veterinarian where the livestock are being transported to. It is the buyer’s responsibility to make sure they have the proper health papers
from the vet to transport livestock out of state. Neither Fischer Clerking, LLC nor the seller are
responsible for obtaining a health certificate. Upon request, Fischer Clerking, LLC will provide
contact information for the veterinarian inspecting the animals.
Additional information:
The seller is allowed to set a reserve price in advance of the auction. If the highest bid offered is lower than that reserve price, the sale does not take place on that item / lot a “no sale” will be announced.
It is the seller’s decision if a lot can be split (gate cut). If there is not an option to gate cut, you must buy the entire lot. If the option to gate cut is available, you must buy the first animals that exit the pen.
Example: Lot A has 10 head. You purchase 5 head from the lot. You must take the first 5 head that exit that lot upon load out. Please note, should the buyer of the remaining 5 head you did not purchase load out prior to you, you will be left with the remaining 5 head in that lot. You are not allowed to sort off individual animals.
Bidding will be dollar amount times number of head per lot. Animals will not be sold per pound only by head.
Example: Lot A has 10 head and sells for $1,500 per head. Your total would be $15,000.00 (10 x 1500 = 15,000)