The Livestock Consignment Auction is open for bidding on August 1, 2021 at 4 PM and will begin closing on August 8, 2021 at 4 PM. Pick up will be scheduled with each individual seller after auction close. Get ready to #BuckUpAndBidBidBid! Heather Schoenst Kaspar TXL 17037
Buck Up! Enterprises, LLC. dba Buck Up Auctions
Heather Kaspar TXL# 17037
979.451.8725
Livestock Auction Terms and Conditions
Auction Terms and Conditions set forth between Purchaser (Bidder), hereafter called Buyer, and Buck Up! Auction Services, Heather Kaspar, hereafter called Auctioneer, are as follows:
Auctioneer reserves the right to bar anyone from participating in the auction or refuse admittance.
Auctioneer is not liable for any person, event, or claim for injury or damage to any person or property of any kind or nature including acts of God. Auctioneer makes no claim, warranty expressed or implied, or any other representation as to the nature, condition, make, model, or function of any property real or personal (hereafter called Item) at this auction, auction preview, or auction pick-up.
Unless specified by the Auctioneer, all items will be sold AS IS, WHERE IS, with no guarantees expressed or implied. No statement anywhere, whether oral or written, shall be deemed such a guarantee, warranty, or representation. Prospective bidders should inspect the Item before bidding to determine condition, size, etc. Scheduling a property review MAY BE available through text (979.451.8725) or email at info@buckupauctions.com. No refunds or credits will be issued. Buyer assumes all responsibility or damages to the Item or for injury caused by the Item when the bidding platform records an item as “SOLD.”
Each potential buyer is encouraged to perform his/her own independent inspections, inquiries and due diligence concerning the described property (at buyer’s expense). The information is being furnished to bidders for the bidder’s convenience and it is the responsibility of the bidder to determine that information contained herein is accurate and complete. Any reliance on the contents shall be solely at the recipient’s risk. All information is taken from sources deemed to be accurate and reliable, all measurements are approximate and not to scale. The seller and the auctioneers, Buck Up Enterprises, LLC. – dba Buck Up! Enterprises, LLC. dba Buck Up Auctions, contractors, employees, firm, affiliates or assigns assume no liability in this matter.
Buyers Premium: There is no Buyers Premium with this auction.
Children under the age of sixteen (16) are not allowed in the auction area unsupervised.
Buyer (Bidder) Eligibility: Buyer must be at least 18 years of age and have a picture ID. By participating as Bidder in any Auction Sale, the bidder represents that he/she is:
Subject to the Auction Terms and Conditions contained herein and other applicable auction rules, including but not limited to any local auction rules, as a condition of doing business at the Auction;
Registered with Auctioneer to purchase. Persons shall be considered registered if the person has completed all registration requirements of Seller and Auctioneer. Application for registration shall constitute authorization for Auctioneer to investigate and verify all information provided to Auctioneer;
If tax exempt, resellers and/or ag/farm exempt persons must fill out a resale and/or ag/farm exempt tax certificate at checkout.
The Auction Company reserves the right to prohibit any person from bidding not in good standing with Auction Company.
Title and document transfers may only be made to registered bidders that have accepted the Terms and Conditions and have placed the bid. Item purchase is not transferable, unless accepted, in writing, by Auctioneer, original buyer and registered transfer buyer and all monies have been verified and collected
If registering for or as a business entity, Bidder acknowledges that he/she has the legal authority to bind that entity to this agreement; In the event the Bidder does not have the requisite legal authority to enter into a legal contract and bind the entity, the Bidder shall be bound to the bid submitted in his/her individual capacity.
Those who do not meet eligibility requirements should not register as a Bidder.
All information provided by the Bidder during online registration shall be accurate, current, and complete. If any of the Bidder’s information changes, the Bidder is solely responsible for updating his/her account. The Auction Company will not be responsible for lost, delayed, or misdirected notices in the event a Bidder does not update his/her information in a timely manner.
Sale Procedure: Unless designated by the Auctioneer, all sales will be deemed consummated when the Auctioneer/Bidding Platform says “SOLD”, with the final invoice showing the Buyer’s bid badge number (Bidder Number), sale price, and all specific terms thereof. All sales shall be final and legally binding only when the highest bid is accepted by the Seller and recorded or a subsequent offer or counteroffer is accepted and recorded. Once a sold message is sent to you via the online bidding platform, that sale will be recorded and the bid consummated.
Auctioneer has a right to accept or reject all bids.
Bidding is done in increments, which may vary by both species and individual lot(s)for each sale.
Before the start of the live auction online pre-bidding may be available. Pre-bidding on all online lots in this auction will close at 6 p.m. Central Daylight Time on day the Auction goes live. The online pre-bids determine the live auction starting bids for those items.
Items may be removed at the discretion of the auctioneer.
Should an item be removed for any reason, bidders that have placed a bid on the item may be notified via the contact information provided at registration.
A Bidder may be outbid at any time before the close of an auction. Bidders may NOT automatically receive notification if they have been outbid; thus, careful monitoring of the auction is encouraged when bidding.
Under no circumstance shall Representative have any kind of claim against Buck Up! Enterprises, LLC. dba Buck Up Auctions, Heather Kaspar, Auctioneer or any of Buck Up! Enterprises, LLC. dba Buck Up Auctions assigns if the internet service, software, and/or payment source fails to work properly before or during, the online, live/simulcast auction.
Bidding Process: No bid may be withdrawn by a bidder once made to the Auctioneer. All bids are an irrevocable offer to buy and shall remain valid and enforceable until the Auctioneers/bidding platform declares the property “sold” and the auction has concluded. The Auctioneer reserves the right, but has no obligation, to bid on behalf of the seller unless expressed in writing. The Auctioneer will call the sale and control any increments of bidding. The bidder’s number is non-transferable.
Bidder is responsible for any bids placed under his/her bidding number, account, and password. The security of a bidding number and password is the sole responsibility of the Bidder. If at any time a Bidder’s number and/or account password is compromised for any reason, the Bidder shall Notify Buck Up! Enterprises, LLC. dba Buck Up Auctions immediately at info@buckupauctions.com to have the bidder’s number and/or account password changed.
Some consigned items may have reserves. The buyer will be notified when their high bid has not met the reserve. In some instances the Auctioneer, Seller, and Buyer may negotiate an acceptable purchase price.
If a Bidder places the winning bid, the offer then becomes a binding contract to purchase the lot(s) or assets, and the Bidder is obligated to buy the lot(s) or assets at the final bidding price.
Fraudulent bids can and will be pursued in a court of law. If a Bidder provides false information, such as a false name or fraudulent contact information, he/she will be suspended or permanently barred from Buck Up! Enterprises, LLC. dba Buck Up Auctions and reported to authorities.
Internet Bidding: This auction will feature real-time online bidding. Bids may be taken from both online bidders and bidders placing their max bid, allowing the platform to bid on their behalf. The sale may be controlled both by the auctioneer personally and by the online bidding program. Buck Up Enterprises, LLC, Buck Up! Enterprises, LLC. dba Buck Up Auctions and its affiliates and assigns are not responsible for malfunctions or system errors which cause a bid or bidder to fail to be recognized or registered. In the event of a dispute or loss of internet bidding platform functionality, the online bidders and bidders that have placed a max bid, accept that the auctioneer may re-open the bidding at the auctioneer's sole discretion and shall serve as the sole arbiter as to who is or is not allowed to bid.
Auctioneer does not guarantee continuous, uninterrupted or secure access to online auction services, and operation of the online auction site may be interfered with by numerous factors outside of Auctioneer’s control. Furthermore, due to the nature of online auction services, Auctioneer cannot guarantee or confirm the authentic identity of Bidders, Buyer or Sellers and shall have no liability for any false or misleading information transmitted by the aforementioned on the Buck Up! Enterprises, LLC. dba Buck Up Auctions site.
In case of a tie or disputed bid, the Auctioneer reserves the right to re-open the bidding to determine the highest bid and settle the disputed bid. This is at the sole discretion of the Auctioneer. All decisions made by Auctioneer and or Broker are final.
Absentee Bidding: Buck Up! Enterprises, LLC. dba Buck Up Auctions office at 115 E. Thigpen St., Carmine, TX 78932, is the absentee bidding location or online at buckupauctions.bidwrangler.com.
Payment Terms: All purchases must be paid for and/or payment arrangements made and all fees satisfied within 5 days of the completion of the sale. All payments are to be made by cash (US currency or credit card.) Buck Up! Enterprises, LLC. dba Buck Up Auctions does not accept personal or farm checks from outside the U.S.
Accepted forms of payment include checks (see check approval guidelines), certified check, money order, eCheck, or credit card (there is a 4% processing and handling fee).
Checks/Money Orders should be made payable to Buck Up! Enterprises, LLC. dba Buck Up Auctions and sent to P.O. Box 113, Carmine, TX 78932.
Check approval guidelines:
Checks for invoice totals under $500 will be accepted with a valid Texas driver's license, if in good standing with the Auction company.
Checks for $500 and over will require a valid Texas driver's license and one of the following:
Letter of guarantee from your bank
Pre-approval letter on loan from your bank
Verification of line of credit from your bank
If you have a previous buying history with us; your check MAY be pre-approved, but must be pre-approved for each auction prior to sale day.
If one of these documents cannot be provided & there is no prior buying history, then fund verification will be required and payment completely cleared before the items can leave the auction site. Funds will be verified the next business day.
In the event that a check is returned or declined by the bank there will be a $50.00 returned check fee and the buyer will be suspended from future auctions until their account is once again in good standing. Fund verification will be required.for the next auction prior to restoring bidding privileges.
Buck Up! Enterprises, LLC. dba Buck Up Auctions reserves the right to process a Buyer’s credit card for any lot(s) purchased if payment has not been made within 10 days of the auction close.
Failure to pay within the allotted time frame will result in a 15% finance charge, and the registered Bidder may be barred/suspended from all future Auctions.
The Auction company will make every effort to contact the buyer (if the buyer has not set up a pick up time) through phone calls, text messaging, and e-mail to arrange payment and pickup. In the event that we are unable to contact the buyer and the buyer does not respond to our contact, we will consider the item(s) abandoned and we will contact the backup bidders to purchase the item. When this happens the bid difference (between the winning bid and the backup bid) will remain on the buyer's account and the buyer will be suspended from future auctions until that difference is satisfied and the account is once again in good standing.
An invoice with payment instructions for lot(s) purchased will be e-mailed to the Buyer immediately following the auction close. This correspondence will be sent to the Buyer’s e-mail address on file. If the Buyer does not receive an invoice within one (1) business day, Buyer shall contact Buck Up! Enterprises, LLC. dba Buck Up Auctions immediately at 979.451.8725 to request an invoice. Failure to complete payment according to the terms above shall result in all applicable fees, finance charges, and potential suspension from all future auctions.
Warranties: Seller covenants, guarantees, and warrants that with respect to each Item assigned for sale through the auction that title to the item will be transferred valid and free from all defects, liens, and encumbrances. All items will be assumed AS IS, WHERE IS, with no warranty expressed or implied. Auctioneer and Seller are not responsible for any loss or damage to property at any time. All decisions and conditions of sale set forth by the Auctioneer at the time of sale are FINAL.
Delivery of Items: No item shall be delivered to Buyer before final payment is received by Auctioneer in collected funds and no Item shall leave the premises until all financial obligations related to the sale of the Item are met, including but not limited to all tax, title, and licensing fees. Ownership shall pass to the Buyer when Auctioneer is paid with collected funds and, as such, all risk of damage, death, or injury to lot(s) purchased becomes the Buyer’s risk.
Delivery of all lots purchased through Buck Up! Enterprises, LLC. dba Buck Up! Enterprises, LLC. dba Buck Up Auctions must be coordinated between the Buyer and Seller. Any fees incurred with delivery are the sole responsibility of the Buyer, unless other arrangements are agreed up, in writing, subsequent to the auction between the Buyer and Seller.
If Seller delivers any lot(s) to the Buyer before payment has been received, collecting payment and commission still owed to Buck Up! Enterprises, LLC. dba Buck Up! Enterprises, LLC. dba Buck Up Auctions for said lot(s) becomes the sole responsibility of the Seller.
Items may be at multiple locations.
Registration & Health Papers: Registration Papers, if applicable, shall be delivered from the Seller to the Buyer within 21 days of auction close. The Seller is responsible for the transfer of registration papers. Auctioneer assumes no responsibility for the completion of this transfer. Health papers may be furnished by the Seller, at the request of the Buyer. Any fees related to the furnishing of health papers are the sole responsibility of the Buyer.
Miscellaneous: No waiver of the provisions hereof shall be effective unless in writing and signed by Auctioneer. The Auction Terms and Conditions shall bind the respective heirs, executors, administrators, successors, and assigns of the Buyer and inure to the benefit of Auctioneer and Seller and its successors, assigns and subrogates. These Auction Terms and Conditions and any and all agreements or authorizations executed by Buyer or Seller in connection herewith shall be governed by and interpreted in accordance with the substantive laws of Texas without resort to principles of conflicts of laws. By execution of these Auction Terms and Conditions, the Buyer submits to the personal exclusive jurisdiction of the courts of the State of Texas and to venue in the Circuit and Superior Courts of Fayette County, Texas, and the Federal Courts of the United States, sitting in Austin, Texas for the adjudication of any matters arising under or in connection with these Auction Terms and Conditions. Any action initiated by the Buyer against Auctioneer or Seller relating to these Auction Terms and Conditions shall be conducted in said Courts. Auctioneer may bring any suit against Buyer under or related to these Auction Terms and Conditions in any Court of competent jurisdiction.
Auctioneer’s Note: Buck Up! Enterprises, LLC – dba Buck Up! Enterprises, LLC. dba Buck Up Auctions, has been contracted to sell the assets at the location mentioned on this auction listing and correspondence.
Auction Method: Timed Online, with staggered close. Auction will close 1 lot per minute, with auto-extend if lot is bid on in the final minute. Each time an item is bid on, in the final minute of closing, an additional minute will be added to the close time.
Auction Date: Auction opens for bidding on August 1,2021 at 4pm and will begin closing on August 8, 2021 at 4pm.
Due to COVID-19 we are managing the number of people at our pick up location at one certain time. If you are bringing people to help load, please let us know how many will be coming with you when you schedule your pick up time. PLEASE DO NOT come to the pick up location if you are sick and feeling ill. PLEASE DO NOT come any earlier or any later than your scheduled pick up time. If you do arrive early, remain in your vehicle and call/text 979.341.8725 for instructions.
Only one person will be able to check out at a time due to COVID-19 and Social Distancing recommendations. PLEASE remain in your car until you see the person ahead of you drives off or the pick up crew calls you.
Call/Text Buck Up! Enterprises, LLC. dba Buck Up Auctions at 979.451.8725 or email at info@buckupauctions.com with any questions.
Changes to Auction Terms and Conditions: These Terms and Conditions are subject to change and/or may be amended. Any oral amendments made by the Auctioneer will supersede these Terms and Conditions and are final.
Any and all announcements made during the duration of the auction take precedence over any and all previously written advertisements or any prior written or verbal terms of sale but shall in no event form the basis of any representation or warranty by seller or auctioneers.
Indemnification of Auctioneer: Buyer jointly and agrees to indemnify and hold Auctioneer, their agents, principals, associates, affiliates, assigns and employees harmless against any and all losses, claims, damages or liabilities and expenses not resulting from Auctioneer’s bad faith or gross negligence, including costs of investigation, attorney fees, and disbursements, which may be imposed upon or incurred by agent or closer hereunder relative to the performance of their duties related to the parties or the property, including without limitation any litigation arising from or in respect of this contract or the transactions contemplated hereby. Auctioneer shall not be liable for any error of judgment or for any act done or omitted by them in good faith. Auctioneer is authorized to act on any document believed by them in good faith to be executed by the proper party or parties, and will incur no liability in so acting. Auctioneer is in all respects and for all purposes third party beneficiaries of this contract to the extent that this contract would entitle them to rights or benefits if they were signatory parties hereto, and each of them is entitled to enforce such rights and benefits, as herein provided, to the same extent they would be entitled if they were such signatory parties. ANY INDEMNIFICATION, DEFENSE OR HOLD HARMLESS OBLIGATION OF BUYER FOR THE BENEFIT OF SELLER OR AUCTIONEER IN THIS CONTRACT SHALL SURVIVE THE CLOSING AND/OR TERMINATION OF THIS CONTRACT.
All bidders must register acknowledging that they have read and agree to these “Terms and Conditions” of the sale as outlined prior to bidding. It is important that you familiarize yourself with the terms and conditions as all sales are final and irrevocable. The terms of sale are non-negotiable. Registration at the auction finalizes each bidder's agreement to the terms and conditions of the sale. Do not bid until you have read the terms and conditions. Bidders may register online to bid at auction. There is no fee to register although a valid credit card may be required to verify identity, ensure that you are a person bidding and not a computer, and funds. By bidding you are representing to Buck Up Enterprises, LLC., Buck Up! Enterprises, LLC. dba Buck Up Auctions/s, ("Agent" and/or "Auctioneer") and the seller that you have read and agree to be bound by the terms and conditions for this sale as stated herein. If you do not agree with any of the terms and conditions stated DO NOT BID or you will be bound by those terms and conditions. By bidding you agree to all disclosures.
Corrections or Amendments: Any corrections and or amendments will be posted to the Auctioneers Website at buckupauctions.bidwrangler.com.
Prospective buyer(s) will be solely responsible for reviewing any and all possible updated material.
Buck Up! Enterprises, LLC – dba Buck Up! Enterprises, LLC. dba Buck Up Auctions, at (979)451-8725.
