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Terms and Conditions

Bidder/User Registration and Responsibility: Buyers (a.k.a. users) must register to participate. Establishing a user account or bidding or buying at this auction/sale acknowledges bidders consent to the terms and conditions as outlined below. Bidders will be solely responsible for any and all actions taken with their bidding account including all purchase amounts, freight, and any costs associated with collecting same.

Invoicing and Payment: All winning bidders will receive invoices immediately following the close of each auction. Invoices will be sent via SMS text message and electronic mail (when a working address is provided). Payment for purchases is due prior to removal of purchases unless prior arrangements have been made with the seller(s). Payments may be made with cash, check, or credit card to Smart Auctions within 10 days of the auction; payments may also be made directly to the seller(s). Other payment terms may be announced or posted auction day. Title passes when funds clear bank.

Returned Checks and Late Fees: A $50 fee applies to any returned check. A 2% per month finance charge may be assesses to accounts not settled within 14 days of the auction close.

Credit Card Usage: Premium Timed Auctions, LLC (PTA), dba Smart Auctions (the Auction Company), requires a valid credit card for each user wishing to bid in any auction. Smart Auctions will not charge credit cards for any amount without prior consent from purchaser(s). However, Smart Auctions reserves the right to charge credit cards if accounts are not settled within an appropriate amount of time. Smart Auctions does not see nor store credit card data entered by users in the auction software and thus may not be held responsible for the use or misuse of credit cards entered by users for the purpose of participating in its auctions. Users may elect to charge the credit card entered at time of registration for their purchases or users may call Smart Auctions to charge purchases to a different credit card account; this is the only way that Smart Auctions would have access to user credit card information – when it is specifically provided by the user(s) for the purpose of settling for auction purchases. Smart Auctions will not retain this information any longer than required.

Personal Data: Smart Auctions and its partners will not sell users personal data to any other entity nor use it for any reason other than that which is directly related to this auction and/or the promotion future auctions. Users consent to allow Smart Auctions to capture and use their personal data for these purposes. Users may revoke this consent at any time by sending an SMS text message of “STOP” to 52-182 or by calling Smart Auctions at 937.733.6000 or by sending instructions via electronic mail to info@smartauctions.co.

Bidding Eligibility: Anyone is eligible to participate, but the seller(s) and/or Smart Auctions (the Auction Company) reserves the right to reject any and all bids unless otherwise stated. On items selling with reserve, the seller and/or Auction Company has the right to bid on behalf of the seller at an amount not to exceed the reserve price. Reserve prices need not be stated prior to or during the auction.

Liability: All animals and merchandise will be at the buyer’s risk as soon as bid off but will be cared for by the seller(s) for a reasonable amount of time during and immediately following the sale. Neither the owners, auction hosts, Auction Company, auction manager or other affiliated auction personnel may be held responsible for any accidents that may occur. It is to be clearly understood that PTA (dba Smart Auctions), and its agents and representatives act only as a medium between buyer and seller, and may not

be held liable, financially or otherwise, for any failure on the part of the same to fulfill any obligations set forth in this sale or for the truth of any warranties expressed or implied. Neither does PTA assume any financial obligations to collect or enforce the collection of monies between buyer and seller. Auction catalogs and information have been prepared by the sale manager or Auction Company from information provided by the seller(s) and is assumed accurate as presented. However, PTA will in no way guarantee age, pedigree, or reproductive status of the animals selling. All exceptions taken and adjustments made are between buyer and seller.

Health: All animals will be accompanied by a health paper valid for interstate shipment. Buyers should make themselves aware of their respective state’s health requirements prior to the sale.

Registration and Transfer: All registered cattle sell with complete registration certificates which will be transferred to the new owners following the sale.

Insurance: Purchases may be insured by contacting the seller or by calling Smart Auctions at 937.733.6000.

Trucking: If you require assistance in transporting your purchases please contact the seller. Every effort will be made to minimize costs to the buyer.

Announcements: Any announcements made after registration and/or during the auction by the owners, Auction Company, or sale manager take precedence over any printed materials.

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