Terms & Conditions

Cherokee Safari Auction, LLC (“CSA”) - PLEASE READ

 

The terms of each listing are provided within the listing itself and if no terms are posted in the listing, the terms listed below apply.

 

CSA will also be referred to as "Auctioneer."

 

Registration is not possible until the user of CSA’s website accepts the terms listed below. Use of the website also constitutes your acceptance of our terms and conditions set forth by CSA for use with this website even if the terms change. User also agrees that terms and conditions may change at any time without notice and that user is bound contractually by these terms and conditions even if they change from the users acceptance date.

 

Ownership of each item changes hands at the closing of each successful listing from seller to buyer. A user who is high bidder agrees that they will be contractually obligated to pay for the listing and that purchaser assumes all risk of loss or accident. Title/ownership to the item(s) listed pass upon initial tender of payment and the risk of loss is assumed by buyer at that time as well.

 

The purchaser certifies that they will assume liability for the payment of any tax that may be due for each transaction.

 

All sales are “as is.” No guarantees against sickness, injury, accident or death.

 

BIDDER VERIFICATION: The identity of all bidders will be verified, bidding rights are provisional and if complete verification is not possible, CSA will reject the registration, and bidding activity will be terminated. All registration information the bidder provides to CSA, shall be current, complete, and accurate.  Bidders must be 18 years of age or older. A copy of a valid driver’s license and credit card will be kept on file with CSA. The credit card will be used for verification purposes only.

 

AUCTION BID DEFAULT:  In the event a high bidder fails to submit payment, or a method of payment fails, the high bidder will be charged an administrative fee per listing that is in default, and will be banned from doing business with CSA until all defaults are remedied.

 

QUANITY OF AUCTION LISTINGS:  All auctions that have more than one (1) animal will be multiplied by the quantity.  (Example: 0.2 Female Black Buck and the final bid is $500 your total would be $500 x 2 = $1,000. All sales are final.

 

NUMBER SYSTEM: 1.2.3 Fallow = 1 male.2 female.3 babies (male or female)

 

PAYMENT: User agrees that payment for purchases must be made immediately after an auction is considered successful by the high bidder.  Payment must be made by cash, direct deposit, bank certified check or check image (front and back) sent by email or text made payable to “Cherokee Safari Auction, LLC.” A credit card is not an acceptable method of payment.  Any Buyer who does not pay for their item(s) won by 5pm of a listings successful closing date will be in default and the item will be resold and the buyer will be restricted from CSA site until all issues are remedied. Penalties and/or fines will be added to a buyer’s account if buyer does not pay for listings for which a user is a successful bidder by 5pm on the day that the listing is purchased. Ownership of all listings changes hands from the seller to the buyer at the close of the listing if the listing was successful. A user who is high bidder or purchases a listing agrees that they will be contractually obligated to the transaction. Ownership passes to the buyer upon the closing of the successful listing. Any listing that is sold on the CSA auction site will require payment in full to CSA or the seller of the listing item before the buyer gains possession of the item. Any shipping or extra fees incurred by the buyer will be due at the time of pick up or delivery.  Animals consigned and sold must be captured and ready for delivery within 14 days from the conclusion of the sale, unless other written arrangements have been agreed upon between buyer and seller.  If the buyer or seller cannot agree upon a delivery time, CSA will decide if any default has occurred.  All consignments not paid for as stipulated will be sold to the next highest bidder or relisted for sale.  The buyer of an item on this site will be responsible for paying sales tax if applicable. Seller will be responsible for submitting any sales tax collected by CSA to the applicable state.  CSA will collect a seller’s fee, along with any other fees incurred by the seller, from the total winning bid amount before payment is made to the seller.  If consigned items sell and the consignor cannot deliver the items to the buyer, the seller will still owe a seller’s commission fee to CSA.

 

GUARANTEE: All animals are sold ‘as is’. CSA is not responsible for the actions of the sellers/buyers/or other third parties before, during, and/or after the auction.

 

HOLD HARMLESS: CSA will not be responsible for any death, injury, accident or property damage of any kind by any third party performing a service related to any transaction with any buyer, seller, visitor or third party performing any services related to any transaction with CSA.

 

INVOICE RECEIPT: Buyer will be furnished an electronic invoice at the conclusion of a listing sent to email on file for the registered user. The invoice can also be found immediately after an auction closes within the buyers "MY ACCOUNT" tab area under "INVOICES.” User agrees that he or she are contractually obligated to pay the invoice immediately after the auction closes and only CSA can decide otherwise.

 

REMOVAL: All animals become the full responsibility of buyer at the close of a successful high bid. Buyer assumes all risk of loss, injury, damage, or death to animal even while the animal is in seller’s care or on CSA premises.  Seller and CSA agree that animals may remain on sale premises under agreed conditions for fees to cover expenses for facility, food, etc. Buyer has three (3) business days from the conclusion date of the auction to arrange pick-up for animal purchased. After three (3) business days, if the animal has not been removed it will be considered abandoned and sold, unless specific arrangements have been made between seller and buyer. The buyer is responsible for making their own removal arrangements. Website user acknowledges responsibility for any personal injury or property damage caused by user or his agent to CSA, or Seller(s).  User further agrees to indemnify, defend and hold harmless Auctioneer (CSA) and Seller(s) harmless for any personal injury to himself or his agents, any property damage incurred during property removal, any and all claims, losses, damages, liabilities, judgments, fees and expenses related thereto, in connection with any claims arising out of, based upon, or resulting from any breach or violation by user of this Contract or any use by user of the website sale or as a result of a dispute with another user.

 

AMENDMENTS: Auctioneer reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of a listing sale.  Auctioneer decision about any sale items or terms is final.

 

RESERVE SELL: If a seller brings an item for sale to the CSA barn and the item does not sell for any reason, the seller has the option to list the item for a two (2) day auction with no reserve, or the seller can pick the item up and pay CSA for any feed, stall fees, and a 10% P.O. fee of the highest bid on each listing that did not sell.

 

DISPUTES BETWEEN BIDDERS: If a dispute arises between bidders, Auctioneer reserves the right to reopen bidding or designate a buyer.  Auctioneer’s designation of the buyer shall be final.

 

BUYER AGREEMENT: All users agree that bidding is a binding contract between CSA and Bidder. Buyer agrees to call or email CSA to set an appointment to pick up animals no later than 1 pm the day the auction successfully closes. Animals not picked up within 24 hours of the bid close will be charged a holding fee (amount will vary depending on circumstances). Payment for full amount owed must be made by bank deposit, certified check, or check image (front and back) sent by text or email made payable to Cherokee Safari Auction, LLC. Any method not honored will be turned over to the Edwards County District Attorney’s office. It is the buyer’s responsibility to have all paperwork (travel papers, health papers, etc. and to know the state’s entry requirements before bidding on any item). Buyer is also responsible for paying any sales tax, if applicable. All sales are “as is.” CSA does not guaranty against sickness, injury, accident or death. Ownership transfers to the buyer at the close of the successful bid. Snipe bidding is prohibited. If a bid is placed in the last two minutes of the auction, the time of the auction is extended by two minutes. CSA will automatically bid for buyer when using proxy bidding feature. CSA will bid up to the amount of your proxy bid. Proxy bidding is not allowed on items until the reserve price is met. Placing a bid and winning, and then not paying for the item is illegal and prosecution may result.

 

PROVIDING FALSE INFORMATION, NOT HONORING YOUR BID, OR CREATING ANOTHER ACCOUNT TO AVOID ACCOUNT RESTRICTIONS: You will be terminated and permanently banned from our site, and information about you and the devices that you used to access our site will be submitted to law enforcement and collection agencies, if you provide false information when registering, such as a false name or fraudulent contact or payment information. 

 

PRIVACY: Information gathered on Cherokee Safari Auction users is only used for conducting business between our users and CSA. Any use of user’s information by anyone for reasons other than conducting business for, or with, Cherokee Safari Auction LLC is strictly prohibited and legal action will result for anyone violating these terms.

 

BIDDING: Placing a bid, or purchasing a listing, is a binding contract between buyer and the seller, and the bid or purchase cannot be retracted by anyone other than CSA. Once you place a bid, and if you win, you will be obligated to pay for the item(s) at the said price you indicated as your bid, along with any applicable government fees or taxes.

 

ENDANGERED SPECIES:  The offer for sale is only in the state (or country) of origin for any animals, or parts thereof, that are listed on the US endangered species list, or cites.  Sale of these animals, or parts thereof, is also under the condition all parties obtain any and all necessary permits and documentation required to buy or sell these animals or parts thereof.

 

CONSIGNER/SALES AGREEMENT:  Consigner of items for sale states that, he or she owns, or has the legal right to sell, all items listed for sale.  Purchasers and sellers of items agree to not hold CSA liable for items sold by a consigner without the legal right to sell. If a consignment is made without the right to sell, then prosecution and fines may result for the consigner of these items. If an item sells and the seller cannot deliver the purchased items to the buyer, the seller will still owe a seller’s fee from the total sale price of items sold to CSA.  Animals consigned and sold are to be delivered within 14 days from the conclusion of the sale, unless other written arrangements have been made between buyer and seller. Consigners of items agree that once a listing has started not to close or end the listing early.  If a listing is closed or ended early by a seller, the seller will owe fines and/or penalties payable to Cherokee Safari Auction and at the sole discretion of CSA. Sellers enter into a legally binding contract with CSA, once a listing item has been posted to the Cherokee Safari Auction.com site, to let the consigned item run till the closing date originally listed in the listing start and closing date details.  No listing can be ended early, without approval of CSA. Penalties for ending an auction early are upon the sole discretion of CSA. Penalties include a 10% fee of the amount of the last bid that will be paid by the seller that ended the auction listing. If a Seller brings an animal(s) to a Cherokee Safari Auction Barn and does not sell their animal(s) the seller is responsible for paying Cherokee Safari Auction feed charges plus 10% of the last or highest bid. If a Seller brings an animal(s) to Cherokee Safari Auction Barn and sets a reserve on their animal(s) and the animal(s) does not meet their specified reserve, or buys back the animal, the Seller will owe Cherokee Safari Auction 10% of the last bid on the animal(s).  Seller will also owe Cherokee Safari Auction feed charges. If a Seller brings an animal(s) to a Cherokee Safari Auction facility and sells their animal(s), the seller will not have to pay a feed charge. A Seller’s account must be registered with and approved by CSA. Consignor/Sellers also agree not to hold CSA liable for any animals that die, are injured, or become sick before the close of the auction. Consignor/Seller will not list any items that are illegal to use, possess, auction, or sell under any applicable law, rule, or regulation. CSA will collect all seller’s fees along with any other fees incurred by the Seller from the total winning bid amount before payment is made to Seller. All checks will be held until the animal has been picked up from the Seller. All accounts must be registered with the correct, legal name and address the checks are to be paid to. Enter the name you would like it to be made payable to and the correct address.

 

SELLER LISTING REQUIREMENTS: All Seller listings posted may not contain any personal contact information. If the Seller sets a reserve price and the reserve price is not met, Seller can choose to relist the animal for another two (2) days. Seller may incur barn/feed charges and a 10% fee on the highest bid of each animal that does not sale.

 

CAGED ANIMALS:  Sale of any mammal not considered hoofstock must be accompanied by the sellers USDA Permit Number and any other documentation as required by law.

 

MEDICATED/DRUGGED ANIMALS:  Any user/buyer that bids on a listing item needs to make sure they read the listing description.  Any medicated or drugged animals in any listing should have specific instructions.  CSA is not responsible for any injury or death resulting in consumption or handling of animals that have been medicated or drugged by a user who purchases, sells, consumes, or lists a listing for sale.

 

CLAIMS FOR REFUND OR CREDIT:  Claims for a refund or credit must be submitted in writing to CSA c/o Bruse Loyd, Attorney at Law, 4400 Post Oak Pkwy, Suite 2360, Houston, Texas 77027, no later than 24 hours after a listing closes by a registered user. User agrees that any and all decisions regarding a claim or credit by CSA is final and user will not contest the decision.