Cattle Auction Platform – Terms of Use Agreement

1. I understand and agree that I will be financially responsible for the livestock that I purchase at this Market, whether for myself or for someone else. Except for sales where livestock are to be delivered at a later date, if livestock are over 10 days out for delivery a $40.00 deposit per head will be payable to Callaway Livestock Video Productions, LLC, payable by the next business day, by Wire transfer, ACH, Or Overnight by Fed-x or UPS (Any US Postal service method of delivery is not allowed) with remaining balance due on the next business day after delivery. Pursuant to 7 U.S. Code § 228, if delivery is on sale day such accounts must be paid in full on the next business day after delivery of purchase and persons subject to the Packers and Stockyards Act must pay by no later than the close of the next business day following the day of the purchase or the next business day. Sales are on a cash basis via Wire Transfer, ACH, or Overnight Check by Fed-x OR UPS (Any US Postal Service Method of delivery is not allowed).

2. In transactions where livestock are to be delivered later, payment shall be in accordance with the contract. If purchases are not paid as specified, the unpaid balance of my purchase will bear interest at the maximum statutory rate until paid in full. 

3. If the Market takes legal action to collect my account and prevails, the Market shall be entitled to reasonable attorneys’ fees and court costs. I UNDERSTAND AND AGREE THAT THERE ARE NO IMPLIED WARRANTIES OF MERCHANT-ABILITY OR FITNESS FOR A PARTICULAR PURPOSE ON LIVESTOCK SOLD AT OR THROUGH THIS MARKET. 

4. If buyer expects any purchase livestock received are implanted and were purchase as “non-implanted”, then buyer must notify Callaway Livestock Video Productions, LLC within two hours of receiving and have a licensed veterinarian check such livestock. If the buyer does not notify Callaway Livestock Video Productions, LLC within two hours of possible implanted livestock, it will then be known to all parties as such livestock was purchased by and is acceptable to buyer. If purchase livestock are found to have implants, then the buyer has the option of refusing the livestock or adjust pricing of implanted livestock as mutually agreed upon by seller and buyer. If buyer (1) successfully notifies Callaway Livestock Video Productions, LLC of suspected implanted livestock, (2) has a licensed veterinarian confirm such livestock is implanted, and (3) refuses such implanted purchased livestock, then the seller will be responsible for all trucking cost associated with the return of livestock and any freight adjust realized by the buyer. 

5.I hereby grant the Market a security interest in all livestock that I purchase from/at/through the Market, as well as all proceeds there from, until the Market has received final payment and authorize the Market to authenticate and file all documents that are needed to protect and give notice of the Market’s interest in such livestock. 

6.I hereby authorize the Callaway Livestock Video Productions LLC or its agent, to contact the above-named bank(s) for information concerning my financial responsibility and authorize the above-named bank(s) to release to the Callaway Livestock Video Productions LLC or its agent information necessary to determine my financial responsibility and/or ability to pay for livestock. This authorization shall remain in effect until I notify Callaway Livestock Video Productions LLC in writing that it has been canceled. A copy of this authorization shall be valid as the original. 

7. I hereby agree to all terms and conditions provided to me by Callaway Livestock Video Productions, LLC