EL PASO COUNTY JUNIOR LIVESTOCK AUCTION TERMS

BEEF, SHEEP, SWINE, GOATS and RABBITS will be offered as TERMINAL ONLY. All animals will be offered for sale and will transfer ownership to the highest paying bidder. Winning Buyer designates one of the following two options: CUSTOM HARVEST OR BUYBACK. Please click on the "DOCUMENTS" button below to see the Sale Catalog, which provides additional information regarding the Terms of the Sale, Custom Meat Processor information and Sale Order.

POULTRY will be offered as a PREMIUM ONLY disposition. The live Poultry show had to be cancelled this year due to the the Avian influenza that is highly contagious and lethal amongst poultry. As a result, in order to allow our Poultry Exhibitors to participate in the Junior Market Sale this year the Sale format will be PREMIUM ONLY. No project will be offered or transfer ownership. The winning bid is a donation from the Buyer to the Exhibitor.

ADD-ON OPTION: AN ADDITIONAL WAY TO PARTICIPATE AND SUPPORT THE EXHIBITORS

If you wish to support the exhibitors but are unable to purchase an animal, you have the option to do “Add-On” money. If you choose this option, you can add a set dollar amount to a specific or multiple exhibitors. Registered Buyers can click on the Add On” tab and enter the Add-on contribution, which is a donation from the Buyer to the Exhibitors. The Add-on feature will not be operable until after the Live auction. Add-on contributions will be accepted up until 5:00 p.m. MST on Tuesday, July 26, 2022.

Phone or proxy bidding options are available by contacting the Sale Manager at the phone number or email listed below. If you have questions or need more information, please contact:

Sale Manager: Patty Woodard; Phone: (719) 439-2010; Email: epcojrlivestocksalecommittee@gmail.com

PAYMENT TERMS: Buyers and contributors are asked to submit payment no later than August 1, 2022 by check to El Paso County Fair Association, 33004 E US Hwy 24, Calhan, CO. Electronic payments can be made by entering debit/credit card information into the Stockshowauctions.com platform. Debit/Credit Cards will incur a 3.9% convenience fee.

COVID-19 DISCLAIMER: El Paso County Fair encourages all to practice the state and local guidelines.

PREMIUM AUCTION DEFINITION: Registered bidders understand that a premium auction acts as a fundraiser for the student exhibitor. THE HIGH BIDDER DOES NOT PURCHASE THE RIGHTS OF LEASE OR OWNERSHIP TO THE PROJECT BEING OFFERED. The student exhibitor may keep the project or sell it to a market buyer through negotiated sale or separate auction. Premium sale buyers desire to financially assist student exhibitors ONLY. No transfer of lease or ownership is implied when a lot is designated as a “Premium Auction” Item. Premium sale prices are to be strictly considered a gift to the student exhibitor.

ADD ONS: Those desiring to assist individual exhibitors through financial donations may place “Add ons” on specific lots. These add on monies will be credited to the student exhibitor less applicable sale expenses. There is no transfer of lease or ownership implied to any lot by placing “add ons” on a lot. Add ons are to be strictly considered a gift to the student exhibitor.

SANCTIONED PREMIUM SALE: This is a sanctioned premium sale and is an event that is offered by a non-profit organization and utilizes the hosting and sale management of StockShowAuctions.com. All monies paid by buyers will be invoiced by StockShowAuctions.com but paid directly to the non-profit organization. Buyers may receive federal income tax deductions for the amount paid to a non-profit organization through a sanctioned premium sale.

CONDITIONS: Any person placing bids on items in this auction agrees to these terms and conditions and understands that, by placing bids, they are entering into a binding contract between themselves and the consignor(s) and that they will be held financially responsible for their actions. Auctioneer serves only as an agent between for the seller but may not be held responsible for any livestock or merchandise. It is to be clearly understood that Auctioneer; StockShowAuctions.com and representatives act only as a means between buyer and seller, and may not be held liable, financially or otherwise, for any failure on the part of the same to fulfill any obligations set forth in this sale or for the truth of any warranties expressed or implied. This catalog of offering has been prepared by the auctioneer from information provided by the seller(s) and is assumed accurate as presented to us. Auctioneer in no way guarantees age, pedigree, or reproductive status of the animals selling. All agreements and adjustments made are between buyer and seller and should be done in writing.

CHECK OFF FEES: Seller and seller alone is responsible to remit any check-off type fees required by law. Seller assumes this responsibility and releases and will indemnify and defend Auctioneer and buyer(s) from seller’s failure to remit such payment to the appropriate agencies.

BIDDER SECURITY: As a Bidder, you are responsible for any bids placed by you or a designated representative under your bidding number and password. The security of your Bidder information is your sole responsibility and the Bidder will be responsible for any and all bids placed under the assigned number. If, at any time, you feel that your Bidder number and password have been compromised, due to lack of security on your part, you must notify Auctioneer immediately.

SIMULCAST AUCTIONS: The show and StockShowAuctions.com will strive to provide the best possible experience and opportunity for all participants. In the event of a service provider failure (Electric, internet service provider, telecommunications or other necessary provider) or integral equipment failure internet bidding service may be interrupted in part or in whole. Every attempt will be made to restore internet bidding capability as quick and as much as possible. Any interruption in internet bidding may or may not stop the live portion of the auction. Each sale will solely determine what is best for their situation at the time of any disruption and all participants agree to hold sale harmless of such decisions.

BID RETRACTIONS: There are no bid retractions. ALL BIDS ARE NON-CANCELLABLE ONCE SUBMITTED. Once a bid is made and confirmed, it cannot be retracted. When a bid is made you manifest your intent and ability to buy the lot at the bid price. A false or fraudulent bid may result in legal action. Any winning Bidder who refuses to purchase the lot may be banned from all future online auctions.

LOT REMOVAL: Despite efforts to avoid the withdrawal of lots from the online auction sale after they are listed, it may sometimes be necessary to do so; therefore, the consignor reserves the right to withdraw a lot at any time before or during the online auction sale ends without recourse from such from bidders.

AT YOUR OWN RISK: Auctioneer is not responsible for injury or accidents. All animals become property of the buyer at the conclusion of the auction. Consignors cannot be held responsible for the health or condition of animals after the conclusion of the auction.

EL PASO COUNTY FAIR ASSOCIATION, INC. CONDITIONS OF SALE AGREEMENT:

By registering for a bidder’s number you (Buyer) are entering into an Agreement DATED JULY 23, 2022 with the El Paso County Fair Association, Inc. Junior Livestock Sale Committee (Committee) with the following Conditions of Sale:

This Agreement applies to all animals purchased at the El Paso County Fair Association Junior Livestock Sale (Sale).

Buyer is invited to inspect all animals prior to bidding to determine condition and quality. No Guarantees or warranties are expressed or implied. All purchases are as is where is.

Title and responsibility for purchased animal transfers to the successful bidder, the Buyer, when the auctioneer proclaims the animal “sold.” In the event of a dispute between two or more bidders, the decision of the auctioneer is final.

Buyer understands and agrees that purchases made at the Sale are considered due and payable on the day of the Sale. In the event Buyer does not pay on Sale Day, all monies must be received within ten (10) days of the closing date the Sale. Buyer agrees to pay interest at a rate of 18%, commencing after the first 10 days on all outstanding funds.

Acceptable forms of payment are cash, business/personal check, or credit card (plus 3.9% service fee). Checks should be payable to: El Paso County Fair Association Junior Livestock Sale. (EPCJLS). A valid driver’s license or other ID must be presented and approved by the Committee or its agent. An additional $35 fee is agreed to by Buyer on all insufficient fund checks.

If retaining the animal, Buyer agrees to have all animal(s) harvested within three days of purchase. Buyer must select a Processing Packer from the provider list included in the Sale Program. Buyer agrees NOT to transfer, gift or sell, a purchased animal prior to the animal being harvested. The Committee will haul the animal to the Processing Packer(s) designated by the Buyer by person(s) authorized by the Committee. Buyer is responsible for payment of the full bid purchase amount to the Committee and will pay any associated custom processing fees directly to Processing Packer(s) the Buyer designated at the time of purchase.

If the Buyer does not wish to retain the animal, the Committee agrees to buy the animal back from the Buyer at the buyback amount listed in the Sale Day Program. The Buyer will be responsible for payment to the Committee for the difference between the bid purchase amount and the stated buyback price.

Buyer understands and agrees that the individual signing this Conditions of Sale Agreement, may also be acting as an agent for someone else. This same individual is ultimately responsible for payment should the business, organization, etc. purchasing the animal fail to do so. It will be this individual’s sole responsibility to recollect from the business, organization etc.

Buyer understands that any violation of this agreement may result in legal action.

ADDED MONEY POLICY: Buyers may designate money to be added to the winning bid on an exhibitor’s animal. Added money is very welcome and will be applied to the final bid price, less commission, that each exhibitor receives for his/her animal. However, in the interest of time, and in fairness to the primary buyers and other exhibitors, the auctioneers will not announce added money during the sale. Exhibitors will receive the names and addresses of any added money contributors. Buyers are encouraged to utilize the online portal at stockshowacutions.com to contribute Add On monies. However, a buyer can also complete an Add On Form which includes the Exhibitor’s name, Exhibitor number, animal tag numbers and Add On amounts and submit payment to the cashier following the sale. Add-on contributions will be accepted up until 5:00 p.m. MST on Tuesday, July 26, 2022.

GENERAL RELEASE FROM RESPONSIBILITY, ASSUMPTION OF RISK, AND WAIVER

As a buyer, I understand I am exercising my own free choice to participate voluntarily in the Sale activities. I promise to take due care during such participation and hereby acknowledge that I have been informed and that I am aware of the hazards and risks which may be associated with my participation in the Sale activities, including the risks of bodily injury, death or damage to property which may occur from known or unknown causes. I understand, accept, and assume all such hazards and risks, and waive all claims against the Committee and its governing members. I understand that I am solely responsible for any costs arising out of any bodily injury or property damage that I may sustain through my participation in normal or unusual acts associated with the Sale activities, regardless of whose fault may be the cause of my injuries or damages, EVEN IF CAUSED BY CARELESSNESS OR NEGLIGENCE, so long as the conduct which caused the injuries or damages was not grossly negligent, or willful and wanton.

FURTHER, I hereby indemnify and hold harmless the Sale Committee, its governing members, and any other persons or entities acting on their behalf, and the successors and assigns for any and all of the aforementioned persons and entities, against any and all claims, demands, and causes of action whatsoever, whether presently known or unknown, of any person who suffers any injury, disability, death or other harm, to person or property or both, as a result of my participation in and/or presence at the Sale activities.

I have been made aware of the inherent risks that may range from minor injuries, major injuries, catastrophic injuries and exposure to COVID-19. I have had sufficient time to review and seek explanation of the provisions contained above, have carefully read them, understand them fully, and agree to be bound by them. After careful deliberation, I voluntarily give my consent and agree to this General Release From Responsibility, Assumption of Risk, and Waiver. In additional, I acknowledge and consent that a signed copy of this General Release From Responsibility, Assumption of Risk, and Waiver is considered to be legally binding in the same way as the original.

The electronic acceptance of these terms shall represent my legally binding signature and acceptance thereof.

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