The text below is our user site agreement. These are the terms and conditions
required for access to our site. Please read completely before deciding to
agree or disagree with these terms.
Terms and Conditions
ALL BIDDERS HEREBY CERTIFY THAT THEY HAVE READ AND FULLY UNDERSTAND THE TERMS AND CONDITIONS AND THEY AGREE TO BE BOUND THEREBY. Each auction may have additional terms not listed here. It is the buyer's responsibility to understand all the terms and conditions prior to submitting a bid.
All Bidders must register and be in good standing with Madden Bros Auction in order to bid on items listed for sale. Madden Bros reserves the right to remove a bidder for not complying with the terms and conditions. All auction bids are binding and cannot be retracted.
Equipment sells "AS IS, WHERE IS"
All property sells "as is, where is" with no warranty or guaranteed express or implied. Inspection of the property before bidding is strongly encouraged. Once an item is announced as sold, you are the owner and are responsible for it. Written or verbal descriptions from the seller, seller's agent or Madden Bros are not guaranteed. Bidder's are responsible for inspection of the items and will not be issued a rebate or refund for any reason. Seller's contact information and location of the item will be provided with the listing description of each item for sale.
All announcements auction day, by auctioneer, take precedence over all prior releases, verbal or written, concerning this sale. In case of tie bid, the bidding may be reopened at the auctioneer’s discretion between the two tie bidders. Decisions of the auctioneer are final.
Absentee Bids/Online Bids
Absentee bids and online bids are legal and binding and the winning bidder must pay for the item (s) in full.
Buyers’ premium may be charged and will be added to the final bid amount before sales tax. (click for buyer’s premium)
Successful bidder is responsible for making payment within the time stated and for removal of the item after payment has been received. All payments are to be made to Madden Bros Auctions by cash, check with bank verification or by wire transfer. Once the payment is received, a paid invoice will be provided to the buyer so they can take full possession. Failure of the bidder to submit payment or failure to remove all items will result in the bidder being blocked from future auctions with no notification. Payment instructions will be on the invoice.
All applicable sales & use tax will be added to the purchase price of all non-titled items.
Titles will be filled out in the name of the purchaser unless otherwise directed. ALL titles will be endorsed - no open titles will be issued. There will be a $25 title transfer fee for each title. Title will be mailed to the buyer certified mail 14 days after payment is received. Some vehicles are sold with no title.
Successful bidders are responsible for loading and removal of any and all property awarded. The purchaser will lose all right, title and interest to the property if it is not removed by the removal date.
Madden Bros will not be responsible in any manner for any type of damages, caused in whole or in part, by the packing, loading or transporting of any items once they have been purchased by the buyer.
You acknowledge and agree that the internet is an unreliable, unsecured, and error-prone network and MADDEN BROS cannot and does not guarantee continuous, uninterrupted or secure access to MaddenBrosauction.com web site or that Bidder Information, including auction registrations and bids, will be transmitted or received in a timely fashion. You agree to hold MADDEN BROS harmless for any interruptions in Maddenbrosauction.com web site, or your inability to reach or effectively use the Maddenbrosauction.com web site. IN NO EVENT SHALL MADDEN BROS BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF ONLINE BIDDING SERVICES.
ONLINE BIDDING SERVICES AND THE Maddenbrosauction.com WEB SITE, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS, SERVICES AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE Maddenbrosauction.com WEB SITE, ARE PROVIDED ON AN "AS IS, WHERE IS, AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. MADDEN BROS DOES NOT WARRANT THAT THE SERVICES OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED, MADE AVAILABLE ON OR ACCESSED THROUGH THE Maddenbrosauction.com WEB SITE, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY SOFTWARE, PRODUCTS OR OTHER MATERIALS USED IN CONNECTION WITH THE Maddenbrosauction.com WEB SITE, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. MADDEN BROS MAKES NO WARRANTY THAT THE Maddenbrosauction.com WEB SITE WILL MEET YOUR REQUIREMENTS. IF YOU ARE DISSATISFIED WITH THE Maddenbrosauction.com WEB SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE Maddenbrosauction.com WEB SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MADDEN BROS OR THROUGH THE Maddenbrosauction.com WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THIS AGREEMENT.
MADDEN BROS reserves the right to suspend, postpone or cancel any auction or access to Online Bidding Services, without notice, if MADDEN BROS determines, in its sole discretion, such action is appropriate. MADDEN BROS shall have no liability to you as a result of such suspension, postponement or cancellation.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT NEITHER MADDEN BROS NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SHAREHOLDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OF ANY NATURE ARISING OUT OF (1) THE FAILURE OF ANY BIDDER INFORMATION OR OTHER DATA TO BE TRANSMITTED OR RECEIVED IN A TIMELY FASHION, (2) THE INTERRUPTION OF ANY DATA TRANSMISSION, OR AUDIO OR VIDEO BROADCAST, (3) THE DOWNLOADING OF ANY APPLICATIONS OR INFORMATION RELATED TO, OR (4) THE USE OF OR INABILITY TO USE THE Maddenbrosauction.com WEB SITE, TO THE FULL EXTENT THOSE DAMAGES CAN BE DISCLAIMED BY LAW. THIS LIMITATION OF LIABILITY IS EXPRESSLY INTENDED TO APPLY TO ALL TYPES OF DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF BUSINESS INFORMATION (INCLUDING LOSS OR REPLACEMENT OF ANY DATA, MEMORY OR OTHER INFORMATION WHICH IS ALTERED OR DAMAGED) OR BUSINESS INTERRUPTION (WHETHER RESULTING FROM FAILURES OR DELAYS IN DELIVERY OR PERFORMANCE).
You agree to indemnify, defend and hold harmless Madden Brothers Auctions and its employees, agents, affiliates, successors, officers, directors and assigns, from and against any and all claims, demands, losses, damages, liabilities, costs and expenses (including attorney fees) arising out of or relating to any claim or action based upon your use of the Maddenauctions.com web site or your breach of this Agreement.
High Plains Exchange Sale Terms and Conditions
$1000 per load deposit is required at time of sale.
Deposit will be credited with shipment and payment on a per load basis.
Buyer is expected to arrange for hauling/delivery of hay purchased within 30 days of purchase. If hay is not picked up within 30 days, arrangements must be made and approved by both hay sale management and seller. If no such approval is obtained, and hay is not picked up within the required 30 day period, the deposit will be forfeited and hay will be put back on market. If Buyer defaults, he will forfeit his down payment.
Seller shall be responsible to load the same stack as represented on the sale. Hay needs to be in the same condition as represented on the sale contract, when loaded on the truck. Seller is responsible for checking for excessive moisture in hay; brown or tobacco color hay from excessive moisture in bale, shall not be loaded and hay condition must be reported to the Sale Representative and Buyer. The sale of that lot will be terminated. If said hay is loaded and sent to Buyer, the Seller will be responsible for all costs of the rejected hay, including freight. Seller is responsible for providing loading on to buyer’s truck. Seller is also responsible for arranging and paying for weighing on certified truck scale. These weigh tickets are the settlement weights that will be used for settlement for both seller and buyer.
Buyer is welcome to reweigh hay at destination, but destination weights will have no effect on settlement and should not be forwarded to High Plains Exchange / Torrington Livestock Markets.Sellers scale tickets must be recieved by
High Plains Exchange seven (7) days after weighing.
High Plains Exchange and Torrington Livestock Markets expect to receive payment in full for hay sales within 7 days of invoice date. Buyers that are unable to deliver payments within the required 7 day period, may be assessed a late payment fee of 18% on balance.
High Plains Exchange and Torrington Livestock Markets will pay hay sellers in full for hay purchases within 7 days of receiving the scale tickets.
Hay Grade Descriptions
Very early maturity, pre bloom, soft fine stemmed, extra leafy. Factors indicative of very high nutritive content. Hay is excellent color and free of damage.
Early maturity, i.e., pre-bloom in legumes and pre-head in grass hays, extra leafy and fine stemmed factors indicative of a high nutritive content. Hay is green and free of damage.
Early to average maturity, i.e., early to mid bloom in legumes and early head in grass hays, leafy, fine to medium stemmed, free of damage other than slight discoloration.
Late maturity, i.e., mid to late bloom in legumes and head in grass hays, moderate or below leaf content, and generally course stemmed. Hay may show light damage.
Hay in very late maturity, such as mature seed pods in legumes or mature head in grass hays, course stemmed. This category could include hay discounted due to excessive damage and heavy weed content or mold. Defects will be identified in market reports when using this category.
Auction Company makes every effort to represent hay properly.
However no guarantee is made on RFV test. Wide variations are possible between test samples and different labs, our RFV Tests should be used as a guide only.
All printed information regarding this sale is merely a guide, subject to change, and neither the Auction Company, Sellers, nor Publishers shall be liable for any errors on this sale.