Spring Turn Out Sale Closed (#206463)

Please read the terms carefully as they are a legal binding contract between yourself and/or your assigns and DIAMOND BAR GENETIX LLC. Diamond Bar Genetix LLC. encourages you to inspect the items in person. If purchases are not settled within 3 business days of the close of the auction, it is in default. Upon default the bidder will be blacklisted on DIAMOND BAR GENETIX LLC and will be charged for the merchandise. Defaulted items will be forfeited back to the owner(s) or DIAMOND BAR GENETIX LLC. No refunds will be given.

Please check back and review these terms as every time you use this site you are agreeing to the terms as they are written at that time. DIAMOND BAR GENETIX LLC reserves the right to cancel any auction at any time for any reason.

Payment for auction purchases by Cash, ACH, Bank Wire or Certified Funds made payable to DIAMOND BAR GENETIX LLC, or Credit Cards up to $2500 max.  A 4% credit card fee will be charged on your transaction for Credit Card payment.  Amounts over $2500 must be paid by another form of payment listed above.  All accounts must be paid for within 3 days of the auctions ending unless special terms are posted on a specific auction and/or a 10% Deposit submitted to hold said items and to be debited towards the total purchase price; non-refundable deposit if items are not taken possession of witin the define time period noted for Livestock sales. 

If there is a Specific Buyer’s Premium, it will be notated on the Auction and added to the final bid price. 

Vehicle Titles:  Handled solely between the Buyer(s) & the Seller(s). Any vehicle purchased will require that Buyer’s and Seller’s communicate regarding preparation the title work for the purchaser.  Payment of transfer regarding fee(s) for transfer between Buyer(s) & Seller(s) is at the responsibility of the Buyer(s) and paid to the Seller(s). NOTE: DIAMOND BAR GENETIX LLC does not own vehicles and/or equipment and/or merchandise consigned to our sales. The Seller(s) understands that any claims from descriptions, condition, miles, etc. are between the Owner (Seller[s]) and the Buyer(s). DIAMOND BAR GENETIX LLC does not guarantee year, make, model, miles, hours, running condition, physical condition of any item in our sales. You, the Buyer(s) are responsible for inspecting the assets in person and making your own determination as to the condition of the item you are bidding on. The description is NOT guaranteed by DIAMOND BAR GENETIX LLC nor the seller. AS IS, WHERE IS. The only exemption is non Alabama residents which require an Alabama drive out form to be executed by the purchaser and licensed Alabama Automobile Dealers. DIAMOND BAR GENETIX LLC shall require a copy of the Buyer(s) dealer license, if a dealer is to purchase goods.
Seller(s) shall handle title work and provide a copy to the Buyer(s) within 30 business days of payment.  Dealer titles and out of state Buyer(s) shall be mailed (certified) the actual title within 30 business days from final payment.

The State of Alabama does not title vehicles 35 years old and older.  Vehicles 35 years and older will come with an Alabama Bill of Sale only and a letter from the State of Alabama stating our title laws exempting these vehicles.  Boat trailers are also exempt from titles in Alabama.

Items:
NOTE: DIAMOND BAR GENETIX LLC does not own items and/or equipment and/or merchandise consigned to our sales. The Seller(s) understands that any claims from descriptions, etc. are between the Owner (Seller[s]) and the Buyer(s). DIAMOND BAR GENETIX LLC does not guarantee any statements and/or descriptions nor photos of any item in our sales. You, the Buyer(s) are responsible for inspecting the assets in person and making your own determination as to the item and condition of the item you are bidding on. The description is NOT guaranteed by DIAMOND BAR GENETIX LLC nor the seller. AS IS, WHERE IS.

Bidding Info: When you bid your max the current bid price does not automatically go to your max bid. Someone else has to bid to increase the current price and the computer will automatically bid up to your max in the increments specified. This auction has what is called an auto extend feature, meaning the auction will not close until all bidding parties are satisfied. If any bids are placed within the last 5 minutes of the auction, the bid on lot(s) will extend for 5 minutes. The bidding will extend in 5 minute increments from the time the last bid is placed until there are no more bids, and the lot sits idle for 5 minutes. 

DIAMOND BAR GENETIX LLC have put forth every effort to make accurate description of the items. Printed or verbal statements made by staff are matters of opinion and are made in good faith. However, all items are sold As Is Where IS. You are responsible for your own inspection during inspection periods. No allowance will be made for errors in cataloging, genuineness, defects, or imperfections not noted. No refunds. DIAMOND BAR GENETIX LLC reserve the right to reject any and all bids for any reason. All auctions are considered with reserve unless they are titled absolute. This is an auction with reserve. The Seller(s), Owner(s), Representative(s), Bank or Lien Holder(s), or any government agency having an interest in the items in this sale reserve the right to bid on behalf of the Seller(s) up to their reserve amount.

Bidder responsibilities include, but are not limited to: Bidders agree to keep their username and password confidential as they are responsible for ANY and ALL activity involving their account.

CREDIT CARD POLICY:  DIAMOND BAR GENETIX LLC requires that you use a valid credit card in order to set up a bidding account.  By registering with your credit card, you, the purchaser agree to the following credit card terms:
1.  I, the buyer hereby authorize DIAMOND BAR GENETIX LLC to charge my credit card that I have set up my bidder account with, for the full amount of my bill plus a 4% card transaction fee, if I do not settle my unpaid account within 3 business days of the sale’s ending.
2.  I, the buyer, understand the terms of the auction including pickup and payment dates and timelines, and agree that I have placed bids with the intent and am agreeable to abiding by the set terms and conditions.  
3.  I, the buyer, have been given the opportunity to inspect the items in person and understand DIAMOND BAR GENETIX LLC is selling the items in AS IS, WHERE IS, condition.
4.  I, the buyer, hereby agrees to authorize DIAMOND BAR GENETIX LLC to charge my credit card for my purchase(s) plus the 4% transaction fee in the event that I do not show up to pickup my items in person and not make other payment arrangements.  I also agree that DIAMOND BAR GENETIX LLC is not responsible for handling, moving or storing the items I have purchased and that I risk the chance of those items being stolen or damaged if left behind.
5.  I, the buyer, hereby agrees to not challenge or deny payment to the DIAMOND BAR GENETIX LLC for purchases made with the credit card that I have placed on file with DIAMOND BAR GENETIX LLC.  I fully understand the terms and conditions of the sale and hereby agree to this Credit Card Policy or I will not place bids with DIAMOND BAR GENETIX LLC and/or sales website.
Items are not functionally tested and no guarantees regarding condition or operability are by DIAMOND BAR GENETIX LLC. It is the responsibility of the Bidder(s) to inspect the item(s), prior to bidding, and make his or her own assessment as to the item(s) condition and suitability for Bidder(s) use. Everything is Sold AS IS without warranties or refunds.

Note: We DO NOT accept Credit Cards or Debit Cards at the Sale Site. Payment must be received in Full prior to Livestock leaving premises. Personal Checks will not be accepted: Certified Funds only. 

*All Bidder(s) must have a valid credit card on their account. Failure to keep a valid card on your account may result in the account being blocked from bidding until the issue is resolved and/or banned altogether.

ARBITRATION: Any action, claim, controversy, counterclaim, dispute, or proceeding arising out or related to the Auction, offering or sale of the Property, or any matter related to the Overall Transaction and involving Seller, Bidder, Buyer, or Auctioneer, in any combination, whether controlled by federal or state law, and whether an issue of law or equity, including the determination of the scope and applicability of this agreement to arbitrate, will be determined and resolved exclusively by final and binding arbitration, with no appeal permitted, except as provided by applicable law for the judicial review or enforcement of arbitration decisions. The arbitration will be administered by Judicial Arbitration and Mediation Services, Inc., or its successor, and decided by a panel of three (3) independent arbitrators, except that a Party may elect to reduce the number of arbitrators from three (3) to one (1), unless that election is opposed by another Party in a written objection timely filed with JAMS. Judgment on the arbitration award may be entered in any court having jurisdiction.
THE PARTIES WAIVE THE RIGHT TO ANY LEGAL ACTION AND TRIAL BY JURY. The costs of arbitration, including the fees and expenses of the arbitrators, but not including the Parties’ attorneys’ fees, will initially be paid equally by them. The prevailing Party will be entitled to collect from the other its full costs associated with the arbitration, including reasonable attorneys’ fees. All aspects of any arbitration will be permanently kept confidential and not disclosed in any form or manner to any entity, media, or person, and the Parties will jointly move the court entering judgment on the arbitration award to so order.
Any arbitration must be commenced within one (1) year from the date when the cause of arbitration accrues, or it will be forever barred. The right of arbitration will accrue, and the one (1) year limitation period will begin to run, on the date the breach, damage, or injury is sustained and not when the resulting damage or harm is discovered.
To the fullest extent allowed by law, neither Seller nor Diamond Bar Genetix LLC. will be liable for any consequential, exemplary, incidental, indirect, punitive, or special loss or damage (including, but not limited to, damage to property or loss of use, time, income, or profits) that might arise out of the Auction, offering or sale of the Property, or any matter related to the Overall Transaction. Seller’s and Diamond Bar Genetix LLC. total and collective liability and responsibility of every kind to a Bidder or Buyer (including, but not limited to, claims in contract, tort, and otherwise), in relation to the Overall Transaction, will not exceed the amount that Bidder or Buyer paid to access the Auction Website.

CHOICE OF LAW, JURISDICTION, AND VENUE: Any issue or matter arising out of, or related to, the Overall Transaction will be exclusively construed and governed in accordance with the laws of the State of Alabama without regard to its conflict of laws principles. The exclusive jurisdiction and venue for any controversy or claim between the Parties will be the County in which the property purchased resides, in the State of Alabama.

MISCELLANEOUS: The Terms of the Auction will bind Bidders, Buyers, and their respective agents, assigns, attorneys, beneficiaries, brokers, directors, distributees, employees, executors, heirs, legatees, members, officers, representatives, shareholders, and successors. No deletion, modification, supplement, or waiver of any provision of the Terms of Auction will be made, except by Auctioneer’s written addition, deletion, or revision published before the commencement of the Auction. Time is of the essence of all requirements set out in these Terms of Auction and failure by Bidder or Buyer to timely and fully perform will be a material breach.

Additionally:

1. ALL BIDS ARE SUBJECT TO ACCEPTANCE DIAMOND BAR GENETIX LLC. (“DIAMOND BAR GENETIX”) NO BID SHALL BE DEEMED A VALID BID UNTIL ACCEPTED BY DIAMOND BAR GENETIX LLC. ALL BIDS ARE ACCEPTED AT THE SOLE DISCRETION OF DIAMOND BAR GENETIX LLC.
2. IF YOU ARE THE SUCCESSFUL BIDDER, YOU AGREE TO PAY THE AMOUNT OF YOUR BID PLUS ALL TAXES AND PREMIUMS IN ACCORDANCE WITH ALL WRITTEN OR ORAL TERMS AND CONDITIONS OF THE AUCTION.
3. NEITHER THE COMPANY PROVIDING THE SOFTWARE NOR THE AUCTION COMPANY SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON.
4. ALL BIDS SHALL BE DEEMED PENDING UNTIL DULY ACCEPTED BY DIAMOND BAR GENETIX LLC.
5. DIAMOND BAR GENETIX LLC. HAS THE SOLE DISCRETION TO ADVANCE THE BIDDING AND MAY REJECT ANY AND ALL BIDS WHICH, IN DIAMOND BAR’S SOLE DISCRETION, DO NOT ADVANCE AND/OR ARE INJURIOUS TO THE AUCTION, INCLUDING BUT NOT LIMITED TO NOMINAL, SUSPICIOUS AND/OR SUSPECT ADVANCES.
6. DIAMOND BAR GENETIX LLC. SHALL HAVE SOLE DISCRETION IN DECIDING THE SUCCESSFUL BIDDER IN THE EVENT OF A BIDDING DISPUTE. AUCTIONEER'S DETERMINATION OF THE SUCCESSFUL BIDDER SHALL BE THE FINAL DETERMINATION OF THE SUCCESSFUL BIDDER.
7. BY CREATING AN ACCOUNT AND/OR PLACING A BID, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS WHICH MAY BE SET FORTH BY DIAMOND BAR GENETIX LLC AND EXPRESSLY ACKNOWLEDGE AND AFFIRM THAT YOU HAVE READ AND AGREE WITH THE TERMS AND CONDITIONS OF DIAMOND BAR GENETIX LLC INVOLVED AS WELL AS THESE TERMS AND CONDITIONS.
8. ALL SALES ARE FINAL UPON THE DETERMINATION OF THE SUCCESSFUL BIDDER BY DIAMOND BAR GENETIX LLC.
9. BY PLACING A BID, YOU ACKNOWLEDGE THAT YOUR BID IS A LEGALLY BINDING OFFER TO PURCHASE THE ITEM OR PROPERTY BEING AUCTIONED.
10. TIME SHALL BE OF THE ESSENCE.
11. FINALLY, THE SUCCESSFUL PURCHASER AGREES TO PAY ANY AND ALL REASONABLE ATTORNEYS FEES AND COSTS INCURRED BY DIAMOND BAR GENETIX LLC, THE SELLER AND/OR THEIR SERVANTS, AGENTS OR EMPLOYEES IN THE COMMENCEMENT OR DEFENSE OF ANY ACTIONS HEREUNDER AS WELL AS IN THE COLLECTION OF ANY OBLIGATIONS HEREUNDER.

Livestock

1.    Sale Format
This sale will utilize the “All Bids In – All Lots Sold” format. The sale will begin closing at 6:55 PM on the designated closing day. If there is no bidding on any lot within the final 5 minutes of the sale, the auction will close. If a bid is placed within the final 5 minutes, the clock will reset, and 5 additional minutes will be added to the countdown for all lots. This process will continue until no bids are placed for 5 consecutive minutes, at which point the sale will close. Buyers are encouraged to monitor their lots until the sale is officially closed.
   2.    Terms of Sale
All livestock and frozen genetics must be settled by Cashier’s Check, Credit Card, or Cash prior to load out or pickup of frozen genetics, unless payment arrangements have been pre-approved in writing by Diamond Bar Genetix LLC. Livestock and/or genetics will not be released until full payment is received. All sales are subject to these terms and conditions. Full payment is due within 4 days after the sale ends.
   3.    Viewing
Livestock will be available for viewing via Video and/or Pictures and by appointment at respective location(s). Please contact our sale manager to schedule viewing.
   4.    Export Requirements
Livestock or frozen genetics exported from the United States must comply with U.S. Export Administration Regulations. Purchasers bear all expenses for health tests required by foreign countries after the sale. Diamond Bar Genetix LLC. assumes no responsibility for cattle sold for exportation that do not pass the necessary health tests. All cattle, frozen or live, are sold “As is” without warranties or guarantees
   5.    Guarantees: All cattle, live or frozen, are sold “As is” without warranties or guarantees.
   6.    Bidding
Each lot will be sold to the highest bidder. Diamond Bar Genetix LLC. reserves the right to settle any bidding disputes, and all decisions made by the Diamond Bar Genetix shall be final. All bids will be kept confidential.
   7.    Sight-Unseen Purchases
Purchasers who buy cattle sight-unseen do so at their own risk. Diamond Bar Genetix LLC. assumes no responsibility for purchases sight unseen nor in-person. Cattle are sold “As is” with no warranties or guarantees.
   8.    Identification
Each animal is sold with its individual number. Buyers are responsible for verifying the accuracy of the identification information provided.
   9.    Health Information
All livestock offered in the sale are eligible for interstate shipment within the United States unless otherwise noted. 
   10.   Pickup and Feeding Policy
Buyers are required to arrange pickup of live cattle from respect sale location(s) within two weeks (14 Calendar Days) of the sale’s closing date. A One Week (7 Calendar Days) grace period will be provided for pickup, during which no fees will be charged; however, a deposit of 10% of the purchase price will be due within 4 business days. After this grace period, the buyer will be charged a daily boarding fee of $10 per head per day until pick up. Diamond Bar Genetix LLC. will communicate with buyer to coordinate pickup and any necessary boarding arrangements. If cattle have not been picked up within 14 Days of purchase, Diamond Bar Genetix will repossess the cattle, the Deposit and Holding Fee(s) be forfeited and non-refundable.
   11.   Semen and Embryos
The storage location of frozen genetics (semen, embryos, etc.) will be specified in the description of each individual lot. Frozen genetics will be released to the buyer upon full payment. Buyer is responsible for Shipping Costs & arranging shipper tank and return label.
   12.  Cattle Loadout
The buyer is responsible for coordination of all shipping and transportation arrangements at their cost. Cattle can be loaded out after the payment has been received and cleared. Diamond Bar Genetix LLC. will assist with coordinating loadout but assumes no responsibility for shipping.

Further: 
I agree to comply with the provisions stated in Diamond Bar Genetix LLC’s Terms and Conditions which are published above. 

I understand and agree that I will be financially responsible for all livestock I purchase, whether for myself or on behalf of another individual or entity. I agree to pay for all cattle purchases by Wire Transfer, ACH or a Cashier's Check(s) sent by FedEx or UPS. I understand a check(s) sent via the USPS (mail) is not an acceptable method of payment. 

I authorize Diamond Bar Genetix LLC. to verify all statements with any source, to obtain my credit history and I agree to provide any additional information Diamond Bar Genetix LLC. may require to process this application. I hereby authorize Diamond Bar Genetix LLC. to contact my bank(s) and/or lender(s) for information concerning my financial responsibility and I authorize my bank(s) and/or lender(s) to release any information necessary to determine my financial responsibility and/or ability to pay for livestock purchased through Diamond Bar Genetix LLC. This authorization shall remain in effect until I notify Diamond Bar Genetix LLC. in writing that it has been cancelled. A copy of this authorization shall be as valid as the original.

Reg. Angus Bulls: Free Delivery within 150 Miles of Mt. Hope, AL with Purchase of $5,000.00
Heifers: Purchasing the Breed Specific Lots in their Entirety (Tigerstripes and/or Santa Gertrudis Lots - Free Delivery within 150 Miles with $2600 per Head purchase. [Ex: 14 Tigerstripes at $2600/HD = Free Shipping]

Heifers (smaller lots) & Bulls under $5,000:
Freight on Buyer. Freight Quote to be provided per request. If hiring Delivery via Diamond Bar Genetix LLC. payment must clear to Hauler prior to cattle leaving premises of origin.