TERMS AND CONDITIONS
This is an agreement between you and Cowmatch, LLC and its owners (hereinafter “Cowmatch, LLC”) that describes your rights to use the website and its services. In order to bid on and purchase livestock, you must read, agree with and accept all of the terms (“this Agreement”). You should read the entire Agreement because all of the terms are important and together create a legal agreement that, once accepted by you, applies to you.
Cowmatch, LLC’s services at this website are available only to, and may be used only by, persons who are able to enter into legally binding contracts. If you are registering as an individual, you must be at least 18 years of age. If you are registering as a business, you represent that you have the authority to bind that entity to this agreement.
Cowmatch, LLC provides the Services and the website so that Sellers may offer livestock for sale and Buyers may place offers to purchase offered livestock. Sellers are independent contractors. Cowmatch, LLC is not an agent, representative, broker, employee, or partner of Buyer or Seller. Nor is Buyer or Seller an agent, representative, broker, employee or partner of Cowmatch, LLC. This Agreement shall not be interpreted or construed to create an association, agency, or partnership between the parties. The actual contract for sale is directly between the Buyer and Seller.
Each Seller is solely responsible for the approval of online buyers for the sale. Each Seller reserves the right to determine whether to accept buyers and offers based on whatever factors that Seller uses for such decisions.
You acknowledge and agree that by placing an offer 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, that you have actual authority to enter an offer.
All offers are between the Buyer and the Seller. When you commit to buy an item (offer), you enter into a legally binding, non-retractable contract to purchase with the Seller and you are agreeing to be bound by the terms and conditions set forth by that Seller. Once your offer has been accepted, you are obligated to complete the transaction with the Seller in accordance with the terms and conditions of that Seller. Additionally, Cowmatch, LLC makes no representation or warranty of any kind as to the willingness or ability of Seller to complete a sale in accordance with that contract. Cowmatch, LLC expressly disclaims any representations, warranties or guarantees that any livestock for sale through the Services or the website will be sold.
Terms of each sale are card, cash or check. Buyers must contact Seller within 24 hours of the conclusion of the auction to arrange payment and transportation. All funds must be paid in full, and clear, within one week (128 hours) of the conclusion of the sale unless Buyer and Seller agree otherwise in writing. The full purchase price, and Cowmatch, LLC service fee must be paid in full before the purchased animal leaves Seller’s farm. Unless otherwise agreed to in writing by the parties, Buyer must take possession of the animal within three (3) weeks of the conclusion of the auction. In the event Buyer fails to take possession of the animal within three (3) weeks Buyer shall pay to Seller a daily boarding fee of $25 per animal and, at the option of Cowmatch, LLC may be banned from use of the site in the future.
Upon payment in full, the animal becomes the property of Buyer and Buyer assumes all risks for the animal. The foregoing notwithstanding, Seller shall continue to feed and care for the animal, at no additional cost to Buyer, until the animal is loaded for shipment or upon the expiration of three (3) weeks after the date of sale, whichever is sooner.
In the event an animal is represented to be registered, Seller shall provide to Buyer a signed transfer certificate of registration at the time the animal leaves Seller’s farm, or Seller must submit signed transfer documents to the appropriate breed association within 90 days of the date of the sale. Failure to provide proper transfer documents may result in Seller being banned from using Cowmatch, LLC and Seller shall incur a $500 fine. Falsifying registration information will result in Seller being banned from using Cowmatch, LLC and Seller will incur a $500 penalty which shall be immediately charged to Seller’s credit card on file.
Cowmatch, LLC makes no representation or warranty regarding the health of any animal listed for sale on the site. Seller has the sole responsibility to provide accurate information about any animal listed for sale. Buyers and sellers have the sole responsibility to review USDA regulations to ensure an animal meets requirements for the state in which the animal resides or will reside. For example, animals not vaccinated for Brucellosis should not be sold to western states unless USDA confirmation has been received that such vaccination is not required. Seller has the sole responsibility to provider Buyer with the required health certificate.
In the event an animal proves to be BVD-PI, or have any other infectious disease, Buyer shall notify Seller within a reasonable time of discovery and Seller shall be obligated to refund the full purchase price, less the Cowmatch, LLC service fee, to Buyer. Prior to notification, Buyer shall have the animal tested at least twice by a licensed veterinarian within 6 months of the animal leaving Seller’s farm. Buyer shall provide to Seller copies of all documentation confirming the animal is BVD-PI, or the nature of the infectious disease. In addition to a refund of the purchase prices, Seller shall be responsible for the cost of testing, euthanasia and disposal of the infected animal. Any seller caught selling BVD-PI animals will be banned from Cowmatch, LLC and incur a $500 penalty which shall be immediately charged to Seller’s credit card on file. It is recommended that all cattle be tested for BVD-PI prior to being listed for sale. Any dispute between Buyer and Seller regarding the health or genetics of the animal shall be resolved through arbitration as set forth in paragraph 22 below.
Before an animal can be listed at “pregnant” that animal shall have been examined by a licensed veterinarian and guaranteed as being pregnant. Animals listed as “exposed” are not guaranteed to be in calf. Animals listed as “open” have not been served and are guaranteed by Seller as such. All animals sold as breeding animals must be guaranteed by Seller not to be free-martins or steers.
In the event a female sold as “pregnant” proves not to be in calf, Buyer may receive services from the bull previously used, if available, or if the bull is not available, Seller shall be obligated to make satisfactory adjustment to the purchase price, or, at Buyer’s option, refund the full purchase price less the Cowmatch, LLC service fee. Payment of any such refund shall be made upon return of the animal to Seller’s farm. Buyer must have the animal examined by a licensed veterinarian within seven (7) days (168 hours) of the animal leaving Seller’s farm and a copy of the veterinarian’s report must be provided by Buyer to Seller.
In the event a female sold as “open” proves to be with calf, Buyer shall have the option of returning the animal to Seller prior to calving for a full refund of the purchase price, less the Cowmatch, LLC service fee, or returning the animal to Seller and receiving another animal of equal value. Seller shall be responsible for any expense incurred by Buyer for transportation. Buyer must have the animal examined by a licensed veterinarian within seven (7) days (168 hours) of the animal leaving Seller’s farm and a copy of the veterinarian’s report must be provided by Buyer to Seller.
All cows with calves at their side are presumed to be breeders with no additional fertility guarantee.
If, as the result of blood typing or other DNA testing, an animal is determined to have ancestry other than that reported on the registration certificate, Buyer shall be entitled to a full refund of the purchase price, less the Cowmatch, LLC service fee, upon return of the animal to Seller’s farm. Buyer shall be responsible for the cost of transporting the animal to Seller’s farm. The Buyer shall also have the option of returning the animal to Seller and receiving another animal of equal value, or, if agreed to by the parties, Seller may have the certificate of registry corrected at Seller’s expense and provide the corrected certificate to Buyer. Once completed, any agreed upon resolution shall absolve Seller from any further liability for authenticity of pedigree for the animal.
In on-line auctions using multiple bidding platforms, there may be occasions when more than one bidder believes they are the winning bidder. The Seller shall have the right at his/her/their/its absolute and sole discretion to refuse any internet bid, to advance the bidding in such a manner as he/she/they/it may decide to withdraw or divide any lot, to combine any two or more lots and, in the case of error or dispute, and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to reoffer and resell the item in dispute. The Seller’s determination shall be final. Cowmatch, LLC is not an agent of the Seller nor is any seller an agent of Cowmatch, LLC. Cowmatch, LLC has no control over the Seller’s actions and decisions.
Buyers at a physical auction have the benefit of seeing, smelling, and experiencing the auction in person. They may be able to notice qualities about the cattle that cannot be seen in an internet auction. If an animal looks too cheap, there is usually a reason why. Therefore, Buyer owns the livestock if they are the highest bid and Buyer’s bid has been accepted by Seller. The Buyer cannot thereafter reject the livestock.
Sellers are solely responsible for independently verifying the background and creditworthiness of those Buyers with whom they enter into, or with whom they prospectively will enter into a transaction, as well as the condition or any description of any livestock involved in a prospective transaction.
Cowmatch, LLC does not guarantee the continuous operation of or access to the website or Services. Offer update and other notification functionality from sellers may not occur in real time. Such functionality is subject to delays beyond Cowmatch, LLC’s control and can place buyers at a disadvantage.
YOU UNDERSTAND THAT USE OF THE SERVICES AND ANY PURCHASE OF LIVESTOCK IS AT YOUR OWN RISK AND THAT COWMATCH, LLC PROVIDES THE SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” COWMATCH, LLC DOES NOT GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICES OR SELLERS.
ACCORDINGLY, COWMATCH, LLC 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 OFFER WON’T OCCUR.
To the extent permitted by applicable law, Cowmatch, LLC is not liable, and you agree to not hold Cowmatch, LLC responsible for any damages or losses resulting directly or indirectly from:
your use of or your inability to use our website and/or Services, or the content materials and functions related thereto;
delays or disruptions in our Services;
glitches, bugs, errors, or inaccuracies of any kind in our Services; or
the content, actions, or inactions of third parties, including items listed using our Services.
Cowmatch, LLC may, at its sole discretion, refuse to accept a person’s (or entity’s) registration, and may, at any time after accepting registration, may terminate or refuse to permit a person’s (or entity’s) continued use of the Services and the Website for any reason without notice.
If an entity makes an offer, then the person executing the offer on behalf of the entity agrees to personally guarantee payment for any successful offer.
You may be able to access third-party websites or services via the Services, including but not limited to Seller’s websites and catalogs, Seller websites and information. Cowmatch, LLC 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.
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 place an offer on livestock and such offer is accepted, 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 place an offer by you or someone else then you will be responsible for payment of those livestock where the Seller accepts such offer.
At any time, Cowmatch, LLC may change or amend any or all of these terms. Any changes or amendments will be reflected on the website. Your use of the services after the date the change becomes effective will be your consent to the changed terms. If you do not agree to the changes, you must stop using the Services. Otherwise, the new terms will apply to you.
In the event of any controversy, dispute or claim, other than for non-payment for services, arising out of or relating to the services rendered by Cowmatch, LLC, the parties agree to submit such controversy or claim to be resolved through arbitration administered by the American Arbitration Association. The complaining party shall notify the other party, in writing, setting forth the nature of the dispute, controversy or claim. Within thirty (30) days of such notice, the parties shall meet at an agreed location to attempt to resolve the dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice, the complaining party shall seek remedies exclusively through arbitration. The demand for arbitration shall be made within a reasonable time after the claim, dispute or controversy has arisen, and in no event shall it be made after two years from when the complaining party knew or should have known of the claim, dispute or controversy.
Any arbitration proceeding shall be administered pursuant to the rules of the American Arbitration Association in effect at the time of the proceeding. The arbitration shall be conducted by three arbitrators with each party selecting one arbitrator and the two selected arbitrators will select a third neutral arbitrator within 20 days. The laws of the State of North Carolina shall be applied in any arbitration proceeding without regard to principles of conflict of laws.
The cost of arbitration shall be borne by the unsuccessful party. Any party may enforce any award rendered through arbitration by bringing suit in any court of competent jurisdiction.
This Agreement is solely for your and Cowmatch, LLC’s benefit. It is not for the benefit of any other person or entity, except for Cowmatch, LLC’s owners, successors and assigns.
If any provision of this agreement is deemed to be invalid or unenforceable, such provision shall be stricken and the remaining provisions shall be interpreted in such a way as to carry out the intent of the parties to the greatest extent possible.