Livestock General Terms and Conditions

Updated October 2023

This is an agreement between you and Great Plains Auction, LLC, including their officers, their agents, and their owners (hereinafter “Great Plains”) that describes your rights to use the website and its services. These terms and conditions also apply to each and every transaction, auction, bid, and sale involving Great Plains as well as every product and service that Great Plains sells (“Terms and Conditions”). By using the products and services covered by these Terms and Conditions to bid on, sell, and purchase livestock, you agree that you have read and accept all of the terms of this agreement (this “Agreement”). You should read the entire Agreement because all the terms are important and together create a legal agreement that applies to you. If you are using our website and services and purchasing products on behalf of a business, that business accepts these terms.

Our services and products are very diverse, so additional terms or product requirements may apply. Additional terms will be available with the relevant services and products, and those additional terms become part of your agreement with us if you use those services or purchase those products.

LIVESTOCK

Services

1. Great Plains’ services on this website and at its various facilities are available only to, and may be used only by, persons who are able to enter legally binding contracts. If you are an

individual, you must be at least 18 years of age. If you are entering into a sale, transaction or

agreement with Great Plains on behalf of a business, you represent that you have the authority to bind that entity to this agreement.

2. All sales, auctions, websites, and any other services provided by Great Plains (“Services”)

incorporate these terms and conditions into every sale, transaction, or agreement.

3. Great Plains offers traditional weekly sales of cattle as a marketing option for a Buyer, defined as an individual or business who purchases livestock from Great Plains, and Seller, defined as an

individual or business who consigns livestock to Great Plains so that Great Plains can market the

consigned livestock to available Buyers. This Agreement and Terms and Conditions apply to

all sales whether physically on Great Plains’ properties, remotely via online, or through other

method of sale including negotiating sales between parties, such as done in county cattle sales.

All live and online auctions will be referred to as Livestock Auctions.

4. Buyer or Seller is never an agent, representative, broker, employee, or partner of

Great Plains.

5. Great Plains Auction and its employees and independent contractors are never

agents, representatives, brokers, employees, or partners of Seller at any time. This

Agreement shall not be interpreted or construed to create an association, agency, or

partnership between Seller and Great Plains Auction.

6. In addition to its traditional sales at its facilities, Great Plains broadcasts selected sales live on the Internet. Great Plains’ Services include, but are not limited to, broadcasting selected live sales, providing video to preview upcoming auctions, as well as allowing you to bid and purchase livestock with any of the Livestock Auctions listed on its website. Great Plains provides a

broadcasting platform through greatplainsdauction.com that allows users to view and listen to sales and make offers and purchases of livestock remotely at auction. Greatplainsauction.com’s Terms and Conditions and Terms of Use are fully incorporated into this Agreement and Terms and Conditions.

7. 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 pursuant to the terms and

conditions of sale, that you have the capacity to close the transaction, and that you have actual authority to enter a bid.

8. When you commit to buy an item (bid), you enter a legally binding, non-retractable

contract to purchase livestock and you agree to be bound by the terms and conditions set forth. Once your bid has been accepted, you are obligated to complete the transaction in

accordance with this Agreement.

9. The Buyer owns the livestock if he or she is the highest bid at auction and Buyer’s bid has

been accepted. The Buyer cannot thereafter reject the livestock.

10. Any Buyer under these Terms and Conditions understand and agrees that these Terms and

Conditions apply to all purchases of livestock at any of Great Plains’ facilities and for any remote

or online sales including country cattle sales. The Buyer will be financially responsible for the

livestock that are purchased, whether the purchased animals are for the Buyer or a third-party’s benefit. Except for sales where livestock are to be delivered at a later date, accounts must be paid for at the time of purchase.

11. Great Plains is not responsible for reliance on Market Reports by any Buyer or Seller or third-party. The prices in Market Reports represent previously sold livestock. Great Plains does not warrant or guarantee the accuracy of any Market Reports. Great Plains does not guarantee that any price listed in a Market Report is the price that a Seller or Buyer will receive when utilizing Great Plains’ Services.

12. Great Plains does not provide veterinary services. Great Plains only provides, through an independent contractor, medical treatment or services for livestock as required by the Oklahoma Animal Health Commission or state or federal law.

Condition of the Livestock

13. Great Plains is not responsible for representations regarding any livestock’s standard, quality, health, age, breeding soundness, pedigree, parentage or grade (collectively “Quality”) nor any representations pertaining to sponsorship, approval, source, origin, characteristics, uses, registration status, genetic abnormalities or benefits (collectively “Condition”). All

representations made by the Seller to the Buyer and vice versa are said Seller’s or Buyer’s

representations. If there is any question or confusion about livestock’s Quality or Condition,

the Buyer or Seller acknowledge that any issues will be raised with the respective buyer or

seller. To the extent permitted by applicable law, Great Plains is not liable, and you agree to not hold Great Plains responsible, for any damages or losses resulting directly or indirectly from such representations regarding the Quality or Condition of the livestock. The Buyer is responsible for verifying all representations of the Seller including those passed on by Great Plains from the Seller to Buyer. Great Plains makes no independent representations about the Quality or Condition of the livestock.

14. Great Plains does not guarantee heifers to be unpregnant or open. Any representation that animals are unpregnant or open cannot be verified by Great Plains and must be verified by a licensed veterinarian. The Buyer is responsible for requesting any pregnancy checks to verify that heifers are unpregnant or open, and a pregnancy check shall be at the Buyer’s expense unless an alternative arrangement is negotiated between the Buyer and the Seller. By accepting these Terms and Conditions, Buyer acknowledges that Great Plains does not perform any pregnancy testing and does not rely on Great Plains for any such testing.

16. Great Plains does not guarantee any heifers to be virgin cattle. The Buyer acknowledges that verification of such a claim is impossible and acknowledges that any heifers sold as virgin are merely represented as unpregnant and not carrying a calf.

15. Health entry requirements for the state of entry are the responsibility of the Buyer. If health

certificates, documentation, or tests are required for shipment to the Buyer’s destination, it shall be at the Buyer’s request and expense.

16. Seller warrants that Seller has good and marketable title to the livestock and that the livestock

will be delivered free of all security interests, liens, or encumbrances. If said livestock are

subject to a lien, security interest or chattel mortgage such interest shall be satisfied by the

Seller prior to or at delivery. SELLER AGREES TO DEFEND TITLE TO THE LIVESTOCK AND INDEMNIFY AND HOLD GREAT PLAINS AND BUYER HARMLESS FROM ANY AND ALL LOSS OR DAMAGE ON ACCOUNT OF ANY LIENS, ENCUMBRANCES, OR OTHER DEFECTS IN TITLE.

17. Every effort has been made to assure the correctness of the information published by Great Plains in conjunction with Services, either on its website or in printed materials. Any deviations from the information published will be agreed upon by all parties before the sale of the cattle. All announcements from the auction block shall take precedence over published information.

Limitation of Liability

18. The risk of loss of any and all livestock, due to injury or death, passes from Buyer to

Seller at the time that the livestock are purchased. Buyer maintains all risk of loss while the livestock are in transit or until livestock title transfers from the Seller. Seller maintains all risk of loss while the livestock are in transit or until livestock title transfers to Buyer. At no time does Great Plains Auction own any livestock brought to or sold at auction.

19. Great Plains does not guarantee the continuous operation of, or access to, the Services. Bid update and other notification functionality from auctioneers and/or Livestock Auctions may not

occur in real time. Such functionality is subject to delays beyond Great Plains’ control and can place Internet bidders at a disadvantage to in-person bidders. YOU UNDERSTAND THAT USE OF THE SERVICES AND ANY PURCHASE OF LIVESTOCK IS AT YOUR OWN RISK AND THAT GREAT PLAINS PROVIDES THE SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.”

GREAT PLAINS DOES NOT GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICES. ACCORDINGLY, GREAT PLAINS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES, OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES OR LIVESTOCK OFFERINGS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OR SAFETY OF THE LIVESTOCK, OR THE TRUTH OR ACCURACY OF ANY OFFERINGS. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE OR THAT AN UNACCEPTED OR LOSING INTERNET BID WON’T OCCUR. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF GREAT PLAINS FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES. IN ALL CASES, GREAT PLAINS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

20. To the extent permitted by applicable law, Great Plains is not liable, and you agree to not hold

Great Plains responsible, for any damages or losses resulting directly or indirectly from:

a. Your use of or your inability to access or use Great Plains’ Services, or the content materials and functions related thereto.

b. Delays or disruptions in Great Plains’ Services.

c. Glitches, bugs, errors, or inaccuracies of any kind in Great Plains’ Services

d. The content, actions, or inactions of third parties, including items listed using Great Plains’

Services.

21. It is the Buyer’s responsibility to verify all claims of the Seller to fit specific programs prior to

purchase. There are no implied warranties of merchantability or fitness for a particular purpose on any livestock sold.

22. Great Plains expressly disclaims all representations, warranties, and guarantees regarding the Quality and Condition of any livestock on Great Plains’ properties, sold through Great Plains’ Services, bought through Great Plains’ Services, or acquired or sold as part of any transaction covered by these Terms and Conditions.

23. Great Plains also expressly disclaims all representations, warranties, and guarantees regarding the Market Report accuracy, pricing information, or the current cattle market or a forecast of such a market.

24. Great Plains expressly disclaims all liability and representations concerning veterinary services, opinions, and recommendations and diagnostic services, opinions, testing, or findings. Any veterinary opinions, services, and recommendations that occur with the Buyer or Seller during any auction, sale, or other interaction, are the veterinarian’s own views and representations. Additionally, any testing or test results or other information provided by diagnostic services is strictly a representation of the diagnostic service provider and is not adopted or guaranteed by Great Plains. By accepting these Terms and Conditions, you acknowledge that you are not relying on any statement by Great Plains or its employees, independent contractors, or agents regarding veterinary services, health of the animal, or any animal’s Quality or Condition nor are you relying on such statements regarding any information from Great Plains pertaining to diagnostic services, including tests and testing.

Payment for Livestock

25. Sales are on a cash basis. Credit Card and wire transfers are accepted but will have an added fee of 3%. If transactions involve livestock being delivered at a later date, then payment may be amended per the agreement between you and Great Plains. If purchases are not paid as specified under these Terms and Conditions or as required under any contract

amending these payment terms, Buyer will agree to pay the interest rate in the contract. If no

interest rate is specified, then it will be the highest rate allowed by law until the full amount of the purchase price is paid in full. Livestock sellers will be paid by check. If the payee of a check we have written fails to endorse a deposited check, that check may be returned. By returning an unendorsed check, the bank is protecting you against the negotiation of a stolen check.

To prevent check fraud, checks should be endorsed on the back of the check to be valid for

deposit. The check endorsement should match the payee on the front of the check. Adding a

statement that reads “For Deposit Only in Account Number ______ at ______ Bank” under your signature ensures that the check cannot be cashed or deposited in another account.

For checks that are made out to multiple parties, adding a statement that reads “Pay to the

order of ________” under your own signature transfers the ownership of that check to the

other party. To negotiate that check, the other party would also have to endorse the check underneath your signature in order to receive the value of the check. If a check has multiple

payees and the word “or” does not appear, all payees must endorse the check. As an example,

a check made payable to you and your bank must be endorsed by both.

Termination of Use

26. Concerning online Livestock Auctions, Great Plains may, at its sole discretion, refuse to accept a person’s (or entity’s) registration, and may, at any time after accepting registration, terminate

or refuse to permit a person’s (or entity’s) continuing use of the Services for any reason without

notice. You are responsible for your user profile, ID, and passwords. If you allow someone else access to use your user profile and ID and they use it to bid on livestock and are the highest bid

accepted by the auctioneer, then you are responsible for completing the transaction and paying for the livestock. Therefore, it is highly recommended that you keep your user profile, ID, and

password secret and allow no one else to use it. If you are logged in with your user profile and

ID and it is used to bid by you or someone else then you will be responsible for payment of

those livestock where the auctioneer accepts such bid, and such bid is the high bid.

27. Concerning online Livestock Auctions, if an entity places a bid, then the person executing the

bid on behalf of the entity agrees to personally guarantee payment for any successful bid.

28. You may be able to access third-party websites or services via Great Plains’ website, including but not limited to Seller’s websites and catalogs. Great Plains is not responsible for third-party websites, services, or material available through those third-party services. You are solely responsible for your dealings with third parties.

29. If you fail to comply with these Terms and Conditions, Great Plains may, at its sole discretion, stop providing you with its Services, including but not limited to, participation in its auctions and

country cattle sales.

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