Terms and Conditions
1. Interpretation: In these terms and conditions:
a. 'Auctioneer' means the auctioneer running any sale via livestream on Yourbid.co.nz - in this case Yourbid Ltd.
b. 'NZSSAA Conditions of Sale' means the current NZ Stock & Station Agents Association Conditions of Sale, as can also be viewed on the Yourbid website (link above on this page).
c. 'Purchaser' means any person, entity or business that makes a winning bid on an auction.
d. Yourbid means Yourbid Ltd or any individuals employed by that entity.
e. Website means the website located at www.yourbid.co.nz.
f. 'Stock' means the livestock being sold under any auction.
g. 'Stock Information' means the information set out in the catalogue and online pertaining to each auction lot.
h. 'Vendor' means the vendor of the stock being auctioned.
2. By using the online auction process you agree and acknowledge that you are bound by:
a. The Yourbid Conditions of Sale as modified by the terms and conditions set out below; and
b. Any terms and conditions set out in the catalogue.
3. If there is any conflict between the terms and conditions set out in 1(a) and 1(b) above, then the terms and conditions set out in the Stock Information shall prevail.
4. Without limiting or modifying any terms and conditions, your attention is specifically drawn to the following NZSSAA Conditions of Sale:
a. Payment terms are strictly cash unless credit or on-charging arrangements have been made either with the Vendor or with one of the participating companies prior to the commencement of this sale;
b. This sale is offering livestock on behalf of our owners/vendors and are being sold 'In Trade'; and
c. Unless stated otherwise before the opening of the bidding for a specific lot, all lots being offered are subject to a reserve price and Vendor Bids are permitted.
5. These terms and conditions may be updated from time to time by Yourbid and any changes will be binding on the Vendor and Purchaser. The Vendor and Purchaser are responsible for reviewing the terms and conditions for any changes prior each auction.
6. GST: The purchase price for an auction lot and the stock within the auction lot will be excluding GST. GST will be added to the purchase price at the rate of 15%.
7. Bids: Bids will only be accepted from Purchasers that have completed the Buyer Registration on the Yourbid website either themselves, via a stock agent or stock company employee, or by a Yourbid employee. Minimum bid increments for this auction may be set individually on each lot – higher bids will of course be accepted. Bids will be accepted from the following sources:
a. Purchasers using the bidding function on the Yourbid website;
b. Phone bids via Stock Agents or phone bids made direct to the vendors or the Yourbid team.
c. Live bids from purchasers on-farm (if permitted due to COVID restrictions). Bids made in these ways will be entered by Yourbid using the bidding function on the Yourbid website. Yourbid does not guarantee the availability of a Stock Agent or Yourbid employee to receive phone bids.
8. Auction Close Time: Auction will run until Yourbid brings the auction to a close by noting that it is closed on the Yourbid website. Online bidding will be available for the times posted on the Yourbid website. At the end of that time, the auction will be extended until there has been a period of 2 minutes without any bids on any lots - this period of 2 minutes may be modified by the auctioneers while the sale is in progress - this will be notified on the Yourbid website.
9. Technology: Purchasers are solely responsible for ensuring that they have the necessary hardware, software, and uninterrupted internet connection, to view the live auction and make bids. Yourbid are not responsible or liable in any way for the video quality of the live auction, or individuals' ability to view the auction and make bids.
10. Payment: Payment is cash on completion of loading of the Stock on the carrier unless otherwise specified on the Yourbid website.
11. Ownership: Ownership in the Stock purchased does not pass to the Purchaser until payment of the Purchase Price (including any interest due) is made in full by the Purchaser.
12. Risk: Each lot in all cases will, immediately on completion of loading of stock on the carrier, be at the risk of the Purchaser.
13. Transport & Delivery: The following terms apply in relation to transport and delivery:
a. Stock will be delivered to the Purchaser in accordance with the method set out in the Stock Information and it is the Purchaser's responsibility to organise transport on the stated delivery date;
b. The Vendor will ensure that ruminants are held off pasture, with water provided, for a minimum of four hours but for no more than 12 hours before travel (taking into account the condition of the animals); in accordance with the National Stock Effluent Working Group’s Industry Code of Practice for the Minimisation of Stock Effluent Spillage from Trucks on Roads or other agreed, current, industry standards.
c. The Vendor will ensure that animals that are held off pasture prior to transport will be provided with an appropriate alternative feed source.
d. A completed ASD form will be provided by the Vendor to the carrier at delivery.
e. The Vendor will NAIT transfer the animals purchased to the Purchaser within 48 hours of delivery.
14. Health & Safety: The Purchaser and Vendor agrees that they will work together with the Auctioneers to ensure applicable Health and Safety laws are complied with.
15. Yourbid's Liability:
a. Yourbid will not be liable in any way for any action, inaction, omission, failure, breach, statement or other matter or thing (each an "Action") of the Purchaser or Vendor under or in respect of any auction or otherwise in relation to any stock;
b. Yourbid shall, to the maximum extent permitted by law, have no liability for any Action of Yourbid in respect of any auction or otherwise in relation to any stock.
c. Yourbid is not in any circumstances liable to the Purchaser, Vendor, or any other person in contract, tort, negligence, equity or in any other way for any loss or damage of any kind, arising from or in relation to any auction.
d. If for any reason Yourbid cannot rely on the above exclusions of liability, its liability will be limited to direct physical loss suffered to a maximum of $100 per auction.
e. In no event will Yourbid be liable for any loss of profit, savings, goodwill or business opportunity or for any indirect or consequential loss or for general or special damages.
f. The Purchaser and Vendor agree to indemnify Yourbid against all claims, costs (including costs on a solicitor/client basis), losses, liabilities and demands that Yourbid incurs directly or indirectly as a result of their failure to comply with these terms and conditions.