Terms and Conditions

EZ2BID Terms and Conditions

  • Definitions - The following definitions apply to EZ2BID’s Terms and Conditions:
    • “Bidder” means the party submitting an offer to purchase the lot(s) or merchandise for sale on the EZ2BID Platform.
    • “Consignor” means the party who is placing the lot(s) or merchandise for sale on the EZ2BID Platform.
    • “Buyer” means the party (a Bidder) who has submitted the successful bid to purchase the lot(s) or merchandise sold by the Consignor.
    • “Auctioneer” means EZ2BID, Inc.
  • Agreement to Adhere to Terms and Conditions, Sales Terms & Sales Invoice

    By participating in an auction on the EZ2BID Platform, all Bidders and Consignors expressly agree to adhere to these Terms and Conditions and to the provisions set forth in the Sale Terms. If there is a conflict between these Terms and Conditions and the Sale Terms, the Sale Terms are controlling over the Terms and Conditions.

  • Bidder Registration
    • Required Information & Risk Assessment - Each Bidder must pre-register with EZ2BID prior to participating in any auction. During initial registration, Bidder will submit information, which may include Bidder’s name, physical address, e-mail address, driver’s license number, the last four digits of Bidder’s Social Security Number, payment information (e.g., credit card or banking account) or other information. Auctioneer will use this information to verify Bidder’s identity, register the Bidder in the EZ2BID system, and determine if Bidder poses a credit risk. Registering with EZ2BID will not result in a “hard” credit inquiry or affect Bidder’s FICO score.
      All information provided by the Bidder during registration shall be accurate, current, and complete. The Bidder is responsible for updating registration information if there are any changes. EZ2BID will not be responsible for any delays in notices resulting from a Bidder’s incorrect registration information. EZ2BID will protect a Bidder’s personally identifiable information and other data in accordance with the EZ2BID Privacy Policy.
    • Eligibility - EZ2BID services are only available to individuals or entities that can enter into legally binding contracts. All EZ2BID Bidders must be at least eighteen (18) years of age.
      If registering for or as a business entity, Bidder acknowledges that he or she has the authority to legally bind that entity to a bid on the EZ2BID Platform. If a Bidder submits a bid on behalf of a business entity and that individual does not have the legal authority to enter the business entity into a legally-binding contract, the Bidder shall be bound to the bid submitted in his or her individual capacity.
    • Risk-Based Limitations - Auctioneer reserves the right to limit the amount Bidder may bid in an auction based on Bidder’s risk assessment. Auctioneer also reserves the right to exclude Bidder from participating in auctions if Auctioneer is unable to verify Bidder’s identity or Bidder poses a credit risk or for any reason.
  • Auctioneer’s Warranties and Limitation of Liability

    Unless stated otherwise, EZ2BID, its members, parent companies, subsidiaries, affiliates, officers, and employees make no warranty, express or implied, as to the information used to describe livestock or any other merchandise sold on this website. Consignor is solely responsible for all representations regarding auction lots and merchandise descriptions. LOTS ARE SOLD AS IS, WHERE IS, AND WITH ALL FAULTS. By participating in EZ2BID sales, Bidder acknowledges that Bidder is entitled to inspect livestock or other merchandise prior to the auction. EZ2BID is not responsible for Buyer’s failure to inspect livestock or merchandise or otherwise be fully informed about the nature, quality, and condition of lots purchased nor will the lack of prior inspection or due diligence serve as a basis for receiving a refund or voiding any sale agreement between Buyer and Consignor.

    • Unless stated otherwise, EZ2BID does not warrant or guarantee that any livestock qualify for participation in any program that requires trace-back verification, such as age-verification or production practices (e.g., no antibiotics, grass-fed). The Buyer is responsible for verifying all Consignor claims regarding fitness for a particular program. There are no implied warranties of merchantability, suitability, or fitness for a particular purpose for any livestock or other merchandise sold on the EZ2BID Platform. Auctioneer shall not be liable for lost profit or special, incidental or consequential damages out of or in connection with any sale transaction. Bidders, Buyers, and Consignors agrees to indemnify and hold EZ2BID, its shareholders, parent companies, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorney’s fees, against any and all causes of action which relate to the condition of the lots, merchandise or the descriptions thereof sold at auction on EZ2BID Platform.

      Like any online platform, EZ2BID may experience unexpected technical difficulties that may be outside of EZ2BID’s control. Auctioneer does not guarantee continuous, uninterrupted service or service free from delays. Auctioneer shall not be liable to Bidder, Consignor, or any third parties for any damages (e.g., actual, special, incidental, consequential, etc.) or lost profits allegedly attributed to service interruptions on the EZ2BID platform.

      • Bidding - All bidding and payments are in U.S. currency. Bidding increments will be established for each sale and may vary by both species and individual lots within a sale. A Bidder may be outbid at any time before the close of an auction. Bidders will NOT automatically receive notification if they have been outbid. The Bidder is encouraged to actively monitor the auction while it is in progress.

        Unless otherwise stated, livestock and other merchandise sold on EZ2BID Platform will sell subject to a reserve price established by the Consignor. Both the Consignor and Auctioneer may bid on the Consignor’s behalf in an amount that does not exceed the reserve price. Consignor is not obligated to sell livestock or merchandise if there are no bids that meet the minimum price set by Consignor.

      By placing a bid, Bidder is making an offer to Consignor to enter into a legally binding contract. Once a bid is submitted by the Bidder, it cannot be retracted for any reason. If a Bidder places the winning bid, the offer then becomes a binding contract to purchase the livestock or other merchandise and Bidder is obligated to buy the livestock or other merchandise at the final bidding price. The Consignor and EZ2BID both reserve the right to accept or reject any and all bids unless otherwise stated.

      The Auctioneer reserves the right to reject any and all bids. Moreover, if a dispute arises between two or more bidders, the Auctioneer may immediately put the lot up for sale again and resell to the highest bidder. The decision of the Auctioneer is final and absolute.

      Fraudulent bids can and will be pursued in a court of law.

      • Auction Close - Unless stated otherwise, all auctions hosted on the EZ2BID Platform are conducted with the horserace-style closing format. At the posted close time, the auction will automatically extend for the time period stated on the extended bidding counter – this time can vary. If there is any bidding activity after entering extended bidding, the close of the auction on the lot will extend by the number of minutes stated on the extended bidding counter. Each subsequent bid during the extended bidding period will extend the bidding period. At any time during the extended bidding period, the Auctioneer or the Consignor may decrease the extended bidding time increments. Extended bidding will continue until there has been no bidding activity for the duration of the set extended bidding time increment. At that time, the auction will close and all lots will be declared sold to the highest bidder. Both the Auctioneer and Consignor reserve the right to extend or end bidding at any time.
      • Terms of Sales – Unless otherwise specified in the Sale Terms, sales conducted on the EZ2BID Platform are subject to the following conditions:
        • INSPECTION & WARRANTIES: Consignor shall deliver the number of livestock stated in the Sales Invoice, exclusive of any injured or otherwise unmerchantable livestock, and any livestock that are not described in the Sales Invoice. If the Buyer or his agent is present at delivery and the livestock are removed by the carrier, such action constitutes irrevocable acceptance of the livestock by Buyer. If Buyer is not present at delivery, Buyer shall notify Consignor’s Agent, EZ2BID, of any grievance regarding any livestock within twenty-four (24) hours after arrival. Buyer’s failure to so notify EZ2BID shall constitute irrevocable acceptance of the livestock and bind Consignor to pay the contract price for the livestock. Consignor shall furnish to Buyer any brand and health certificates required for interstate shipment and Federal law. If additional health certificates, tests, or documentation is required for shipment, it shall be at the Buyer’s request and expense. Consignor warrants that Consignor has good and marketable title to the livestock and that the livestock will be delivered free of all security interests, liens or encumbrances. If the livestock are subject to any liens, such liens will be disclosed to Buyer on the Sales Terms. Consignor agrees to defend title to the livestock and indemnify and hold EZ2BID and Buyer harmless from any and all loss or damage on account of any liens, encumbrances, or other defects in title.
        • RISK OF LOSS: The risk of loss of the livestock, due to injury or death, passes to Buyer at the time the livestock are loaded on the carrier.
        • TRANSPORTATION & FREIGHT ADJUSTMENT: The Buyer is responsible for arranging transportation for the livestock Buyer purchases, including regulatory requirements. The Buyer is responsible for sending an adequate number of trucks to legally load and transport the number of head and weight contracted to their final destination. Unless otherwise stated in the Sales Terms, no freight adjustment will be allowed if the average weight at delivery is under the base weight and the head count delivered is within 95% of the contracted head count.
        • HEALTH DOCUMENTATION & REGISTRATION: The Buyer is responsible for obtaining health entry documents for the state of entry. The Consignor will furnish any records required for the state of origin and under federal law. If additional health documents are required, Buyer shall notify Consignor and bear any added costs.

          If applicable, registration papers shall be delivered from the Consignor to the Buyer within 45 days of cleared payment. The Consignor is responsible for the transfer of registration papers. Auctioneer assumes no responsibility for transferring registration documents.
        • PAYMENT: Unless stated otherwise, payments for livestock are due and payable to EZ2BID at the conclusion of the auction. All payments must be delivered via ACH or credit card. A 3% processing and handling fee will be applied on all credit/debit card transactions.
        • FORWARD CONTRACT: Buyer and Consignor acknowledge that they are entering into a contract that is deemed a forward contract pursuant to 11 U.S.C. §101(25) and that the transactions contemplated are part of the forward contract trade. Buyer and Consignor also acknowledge that EZ2BID is in the business of entering into forward contracts as and with merchants in livestock, such as Buyer and Consignor, and that livestock are commodities as defined by the Commodity Exchange Act. EZ2BID enters into this contract as a forward contract merchant with rights and duties as expressly set forth herein.
        • DESIGNATION OF SUCCESSOR IN INTEREST: In the event that Consignor receives final payment for livestock sold in an auction from EZ2BID, EZ2BID shall have the right to exercise all rights and remedies available to Consignor under all applicable laws and to enforce these Terms and Conditions and the Sale Terms in its own name.
        • SECURITY AGREEMENT: The Buyer grants to EZ2BID a security interest in the livestock purchased in an auction, including the products and proceeds thereof, until such time as EZ2BID has received payment in full from Buyer and those funds have been collected or honored by the financial institution on which the payment instrument was drawn. Buyer grants EZ2BID the authority to authenticate and file all documents that are needed to perfect and give notice of EZ2BID’s interest in the livestock.
        • TRANSFER OF TITLE: Title to the livestock does not transfer to Buyer, even upon delivery, until EZ2BID has received payment in full and those funds have been collected or honored by the financial institution on which the payment instrument was drawn.
        • DEFAULT OF BUYER: Default of Buyer shall exist if prompt full and final payment is not received by EZ2BID at the conclusion of the auction; if the payment instrument issued for payment of said livestock is dishonored; upon the insolvency, bankruptcy or death of Buyer; or upon refusal of Buyer to take delivery of said livestock for any reason not specified in the Terms and Conditions or Sale Terms. Upon default of Buyer, EZ2BID, with or without notice, may exercise any and all rights accorded it by law and these Terms and Conditions, including but not limited to the following: Buyer will forfeit any partial payment and transfer all ownership interests in the livestock purchased under the sale or any proceeds thereof to EZ2BID. EZ2BID shall also have the option of paying Consignor in full for the livestock and of holding and re-selling the livestock in a reasonable commercial manner. In that event, Buyer shall be liable to EZ2BID for all damages incurred, including any and all costs of re-selling and any decline in market value of the livestock, if applicable. In the event of default for any reason, whether or not specified in these Terms and Conditions, Buyer shall be liable for actual and incidental damages as are permitted by the Uniform Commercial Code, including court costs and attorney’s fees and/or any available equitable relief.
        • A $50 fee will be assessed on all returned checks. Failure to pay at the conclusion of the auction will result in a 15% finance charge. Moreover, Buyer may be banned from all future EZ2BID auctions. EZ2BID reserves the right to process Buyer’s credit card for any lot(s) purchased if payment has not been made within 10 days of the auction close. If Bidder is not prepared to pay for Bidder’s purchase(s) immediately at the close of the auction, he/she should not bid on any lots.
        • DEFAULT OF CONSIGNOR: Default of Consignor shall exist if Consignor fails to deliver said livestock for any reason, other than a reason specified in the “Failure of Consignor to Deliver Due to Act of God or Disease” clause below. In the event Consignor fails to deliver said livestock in the Sales Invoice, for any reason not specified in these Terms and Conditions, Consignor shall promptly refund to EZ2BID any payments it has received for the livestock, plus commission. Upon default of Consignor, EZ2BID, with or without notice, may exercise any and all rights accorded it by law and this contact, including but not limited to the following: EZ2BID shall have the option of replacing the livestock, for Buyer, and Consignor shall be liable for any and all damages incurred, including the cost of replacing the livestock on the prevailing market. In the event of default for any reason, whether or not specified in these Terms and Conditions and the Sale terms, Consignor shall be liable for actual and incidental damages as are permitted by the Uniform Commercial Code, including court costs and attorney’s fees and/or including any available equitable relief.
        • FAILURE OF CONSIGNOR TO DELIVER DUE TO ACT OF GOD OR DISEASE: Consignor or EZ2BID or both shall not be liable to Buyer for any delay or failure to deliver any or all of the livestock when delay or failure is caused by an act of God; by destruction in whole or in part of the livestock; or in the event of disease that may occur in the livestock after the sale is executed and prior to delivery. When Consignor claims excuse for nonperformance for any of these reasons, reasonable notice and documented proof must be given to Buyer and EZ2BID. EZ2BID will then evaluate the Consignor’s notice and proof and make a determination with respect to the sufficiency of the proof. Should EZ2BID accept Consignor’s excuse for nonperformance, EZ2BID will refund Buyer the total amount of the part payment advanced by Buyer and said amount shall constitute the only liability of the Consignor or EZ2BID or both to Buyer. Consignor shall return to EZ2BID any partial payment made to Consignor by EZ2BID in connection with any livestock not so delivered.
        • GOVERNING LAW AND VENUE: All legal actions instituted for any default in payment or lack of sufficient funds in any financial institution to pay checks tendered, or default by payment with no account checks, shall be determined exclusively by the laws of the State of Texas. For the purposes of litigating any dispute that arises directly or indirectly from the relationship of the parties to this contract, Buyer and Consignor hereby submit to and consent to the exclusive jurisdiction of the State of Texas and agree that such litigation shall be conducted only in the courts of Jones County, Texas or the federal courts for the United States for the Northern District of Texas.
        • NO ASSIGNMENT OR DELEGATION: No right or interest in a sale shall be assigned by Buyer or Consignor. However, both Buyer and Consignor acknowledge that EZ2BID, upon the default of Buyer or Consignor, may take an assignment of the rights under a sale from either Buyer or Consignor and enforce the sale contract in the name of EZ2BID. Buyer shall not have the right to sell the livestock described in a sales invoice until full payment for the livestock is received by EZ2BID, and the funds are collected or honored by financial institutions on which the payment instrument was drawn.
        • EXECUTION: Buyer and Consignor authorize a representative of EZ2BID to sign a Sales Invoice on their behalf. Buyer’s winning bid in an auction and the Consignor’s receipt of payment issued by EZ2BID shall constitute full agreement by Buyer or Consignor to the Terms and Conditions set forth herein. Mailing of the Sales Invoice to Buyer and Consignor at their registered e-mail address, shall serve as full notice to Buyer and Consignor of the said Terms and Conditions. Failure of Buyer or Consignor to object in writing, to the Terms and Conditions, within twenty-four (24) hours after receiving notice, shall constitute a waiver on the part of Buyer or Consignor, if applicable, of lack of notice, or agreement, to all the terms and conditions herein.
      • Miscellaneous Provisions:
        • Bidder is responsible for any bids placed under the Bidder’s account, and password. Bidder is responsible for securing Bidder’s username and password. Bidder shall immediately notify EZ2BID in the event that Bidder’s username, password, or account has been compromised in any manner.
        • Livestock may be sold on a sliding scale. If the livestock is sold on a sliding scale, the scale will be disclosed prior to the sale and included in the Sale Terms.
        • Unless the Sales Terms state otherwise, all livestock sold by weight will be weighed on a certified scale.
        • EZ2BID does not guarantee breeding females (e.g., heifers, gilts, ewes, does) to be open. The Consignor is solely responsible for ensuring that breeding females are open if they are listed as such.
        • The Consignor reserves the right to withdraw a lot before or during an auction. In the event that the Consignor withdraws a lot during an auction, all bids on that lot shall be deemed withdrawn.
        • No partial invalidity of this Terms and Conditions Agreement shall affect the remainder.
        • The headings in these Terms and Conditions are for convenience of reference only and shall not limit or otherwise affect the meaning hereof.

      All disputes arising from use of the EZ2BID Platform shall be determined exclusively by the laws of the State of Texas. Jurisdiction and venue over any action brought to enforce or interpret the Terms and Conditions or a Sales Invoice shall be exclusively in a court of competent jurisdiction in Jones County, Texas or the United States District Court for the Northern District of Texas.