Terms of Armstrong Angus Bull Sale
Herd Health: The bulls are fertility tested by Dr. Cory Tebay (406-287-3333) Western Veterinary, Whitehall, MT and we guarantee them as sound breeders. The bulls are poured with Vetrimec when we semen test. All females selling have been ultrasounded in late July by Dr. Liem Robbins, Falon County Vet, Baker, MT and pregnancy tested by Dr. Cory Tebay the day before the sale. They have been poured with Vet-rimec and given the first shot of ScourGuard 4KC.
Delivery: Bull delivery is free up to 300 miles if there are 3 or more bulls going that direction. Heifer delivery is at your cost.
This is an agreement between you and MontanaCattleConneXion.com and its owners (hereinafter "MCC") 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. Cattle Slide explanation and obligations of the buyer and seller are below.
By Bidding on any lot on the Montana Cattle ConneXion.com site you also agree to the specific Terms & Conditions of that specific lot and/or the Event itself.
Montana Cattle ConneXion Online Auctions
MontanaCattleConnexion.com'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 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.
MontanaCattleConnexion.com is a sales platform that allows users to bid, make offers and purchases of livestock online.
MontanaCattleConnexion.com provides the Services and the website so that Sellers may offer livestock for sale and Buyers may place offers to purchase offered livestock. MontanaCattleConnexion.com is an agent, representative, broker of Buyers & Sellers on the Auction Platform. No Buyer, Seller, Livestock Auctions, or Auctioneers is an agent, representative, broker, employee or partner of MontanaCattleConnexion.com. This Agreement shall not be interpreted or construed to create an association, agency, or partnership between the parties.
Montana Cattle Connexion is solely responsible for the approval of online bidders at that sale. MCC reserves the right to determine whether to accept bidders and bids based on whatever factors that MCC or Seller uses for such decisions.
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, that you have actual authority to enter a bid.
All bids are between the Buyer and the MCC. When you commit to buy an item (bid), you enter into a legally binding, non-rescindable contract to purchase with MontanaCattleConnexion.com and you are agreeing to be bound by the terms and conditions. Once your bid has been accepted, you are obligated to complete the transaction with the Livestock Auction in accordance with the terms and conditions of that consignment.
Auctioneer's and Livestock Auction's Discretion. There may be occasions when more than one bidder believes they are the winning bidder. The Auctioneer and/or the Livestock Auction 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. 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 re offer and resell the item in dispute. The Auctioneer and/or Livestock Auction's determination shall be final.
Upon submitting the winning bid and winning a sale lot, Buyer owns the livestock if they are the highest bid and Buyer's bid has been accepted by the auctioneer. The Buyer cannot thereafter reject the livestock unless such rejection is otherwise consistent with the Terms of Buyers and Sellers after Sale, the terms and provisions of which are incorporated herein by reference.
Disclaimer of Warranties
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. AUCTIONS CAN BE INTERRUPTED BY NUCLEAR ATTACKS, EMPS AND SOLAR FLARES.
Limitation of Liability. Montanacattleconnexion.com expressly disclaims warranties of any kind, express or implied, including without limitation, any warranty of merchantability or fitness for a particular purpose. No written or oral information given by Montanacattleconnexion.com shall create a warranty for the content of the website and neither Buyer nor Seller may reasonably rely on such information. To the extent permitted by applicable law, MontanaCattleConnexion.com is not liable, and you agree to not hold MontanaCattleConnexion.com 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
- Content, actions, or inactions of third parties, including items listed using our Services.
Termination of Use. MontanaCattleConnexion.com 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) continuing use of the Services and the Website for any reason without notice.
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.
You may be able to access third-party websites or services via the Services, including but not limited to Seller's websites and catalogs, Livestock Auction websites and information, and Auctioneer websites and information. MontanaCattleConnexion.com 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 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.
Amendments and Changes to Agreement. At any time, MontanaCattleConnexion.com 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.
No third-party beneficiaries. This Agreement is solely for your and MontanaCattleConnexion.com's benefit. It is not for the benefit of any other person or entity, except for MontanaCattleConnexion.com's owners, successors and assigns.
Severability. 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.
Terms of Buyers and Sellers after Sale
BUYER REGISTRATION: Each bidder must be properly registered and have a Montana Cattle ConneXion Buyer’s Number to bid. By registering you agree to all of MCC’s Terms & Conditions.
DISPUTE: The decision of the Sale Manager & Montana Cattle ConneXion shall be final and absolute. The Sale Manager & Montana Cattle ConneXion reserves the right to reject any and all bids. The record of sale kept by the Sale Manager and clerk will be taken as final in the event of any dispute. Montana Cattle ConneXion reserves the right to refuse any bid at the time of the sale. Montanacattleconnexion.com expressly disclaims warranties of any kind, express or implied, including without limitation, any warranty of merchantability or fitness for a particular purpose. No written or oral information given by Montanacattleconnexion.com shall create a warranty for the content of the website and neither Buyer nor Seller may reasonably rely on such information.
PAYMENTS:
Buyer agrees to pay Montana Cattle ConneXion for the benefits of Seller, $100.00 per head as part payment upon entering into this contract.
Seller acknowledges that it has received from Montana Cattle ConneXion $90.00 per head as part payment for the livestock and agrees that the remaining balance is to be held in a Montana Cattle ConneXion Trust account for shipper’s proceeds, as a deposit on commission, until delivery, when the actual commission can be determined.
If Buyer defaults or otherwise fails to take delivery, he will forfeit his $100.00/head part payment. In addition if either Buyer or Seller defaults, the defaulting party shall be liable for actual and incidental damages as are permitted by the Uniform Commercial Code, plus court costs and reasonable attorney’s fees.
PAYMENT: All payments will be processed via Trust Account. BUYER agrees to and must pay 100% of Gross Contract amount LESS partial Payment, Five Business Days prior to delivery as scheduled by MCC. Trust Account will hold Proceeds until Delivery of said LIVESTOCK. Upon receiving possession of, and inspecting LIVESTOCK, BUYER will approve Payment Disbursements within 24 hours of delivery. SELLER agrees to payments to be held in Trust for a maximum of 36 hours after delivery. Final Disbursement/Payment Amounts are to be paid to Seller as calculated by MCC and agreed to by BUYER & SELLER. Any adjustments to final pay weight, price and slides will be billed separately or refunded as needed.
In the event of multiple shipments on consecutive days, full payment will be required Five Business days prior to first delivery. In the event of multiple shipments on non-consecutive days, payment will be required Five Business Days prior to each delivery.
Armstrong Catalog PDF
