TMK 0140

IF YOU HAVE NOT READ AND UNDERSTAND THESE TERMS PLEASE DO NOT BID!
BY BIDDING ON THIS AUCTION, BUYER AGREES TO ALL TERMS AND CONDITIONS
SET FORTH AND ENTERS INTO A CONTRACTUAL AGREEMENT TO PURCHASE THE
ITEM(S) UNDER THE FOLLOWING TERMS AND CONDITIONS ANY QUESTIONS - Call
Jill McKay 937-244-1448

AFTER THE SALE. Buyers will receive an email within one hour after the sale ends with confirmation of their purchase(s) and the total amount due. Deliveries will commence sometime within three weeks after the sale. Buyers will be contacted to discuss possible delivery locations. Delivery will not be made on unpaid lots unless an arrangement concerning payment is agreed to in advance. All checks should be made payable to 'Superior Genetics'.

PAYMENT. Cash, business and personal checks, cashier checks and traveler checks will be accepted. Also, payment may be made by credit card through Harvey Plus. A 3% fee will apply. All monetary funding must be in U.S. currency. The right of property shall not pass until after full settlement is made. Should any Buyer fail to settle for his or her purchase, the Seller or Sellers reserves the right and full power to resell the animal to the best advantage either publicly or privately, without further notice. Any loss arising from such resale, together with any and all expenses incurred, shall be payable by the defaulter. All settlements must be made prior to delivery unless advance arrangements are made with Seller.

BIDS, DISPUTES AND AUCTION CLOSE. Bids will be accepted online through the auction service provider's website. The auction service provider’s determination of the final bid/buyer will be conclusive. Internet bidding is the sole method in which a lot may be purchased and are subject to the terms and conditions established by Harvey Plus. Seller assumes no responsibility for the bidding thereon. Internet buyers must register with Harvey Plus LLC. to utilize the service. No Buyer's Premium applies to this auction. This auction has a group ending time. All lots are scheduled to close at 8:00PM Eastern. However, extended bidding will delay close on all lots. The sale will not close until there has been no bid on any lot for five minutes.
All lots will close after there has been no bid on any lot for five minutes. Auctioneer reserves the right to change the time of the extended bidding from 5 minutes to a lesser or greater amount.

TRANSPORTATION: The Superior Genetics consignors will assist with delivery to these upcoming kiko sales or meet buyers at prearranged in route to location if possible: CUSKGA Spring Fling, Okmulgee Oklahoma
Mountain Premier Invitational, Weston West Virginia
NKR Sale, Cookeville Tennessee
Delivery is available only for lots that payment has been received prior to the delivery date unless an arrangement concerning payment is made in advance. Superior Genetics assumes responsibility for injury after the sale and during delivery. If an injury occurs, the Buyer has the option to void their purchase and receive a full refund. Buyer availing themselves of this delivery service must agree to meet at predetermined location in a timely manner.

RIGHTS AND OBLIGATIONS. The above terms of the sale shall constitute a contract between the Buyer and the Seller and be equally binding to both. Resale of animals following purchase in the sale constitutes a separate transaction and the rights and obligations of the two (2) parties connected, therefore, are not covered by the term and conditions of this sale.

ANNOUNCEMENTS. Every effort was made to assure the accuracy of this catalog, however all announcements posted on Seller/ Auction Company website will take precedence. Buyers are therefore cautioned to pay attention to any such announcements. Any updates during the auction will be sent via email to all REGISTERED bidders.

REGISTRATIONS/TRANSFERS:
Registration transfers will be provided for the buyer.

INSURANCE. Insurance is at the option of the Buyer. However, as described under the 'Transportation' section, a buyer is entitled to a full refund if an animal is injured or dies prior to delivery. This guarantee by Seller is limited to the purchase price of the lot.

GUARANTEE:
Does: Does are guaranteed to be breeders. In the event a female greater than 12 months of age at the date of sale is claimed to be a non-breeder, after having been bred regularly to a buck known to be a breeder, and after having been treated by a licensed veterinarian, the matter must be reported in writing to the Seller within six (6) months following the date of purchase. Seller shall have six (6) additional months in which to prove any such female a breeder and may use any buck of the breed available to them. In the event a female less than 12 months of age at the date of sale is claimed to be a non-breeder, after having been bred regularly to a buck known to be a breeder, and after having been treated by a licensed veterinarian, the matter must be reported in writing to the Seller within twelve (12) months following the date of purchase. Seller shall have six (6) additional months in which to prove any such female a breeder and may use any buck of the breed available to them. Any female returned will be at the buyer's risk. No guarantee is
given that a pregnant female will deliver live kids or that she will carry kids full term, or the kids carried will not be mummified. Seller is not responsible for damage caused by foreign bodies after the animal has been sold or for sickness not apparent at the time of the sale. No other guarantees are either written or implied. In cases where the animal is subject to any hormone or surgical reproduction techniques after the sale, or has been mistreated in care, housing, or nutrition in any way, this guarantee is null and void. Transportation charges on animals returned to Seller are the responsibility of Buyer. No incidental expenses such as feed, care, veterinary charges, etc. will be charged by either party when making the settlement. If Seller is successful in proving the animal in question to be a breeder, the Buyer, at his or her expense, will reclaim said animal. Should the Seller fail to prove
the animal a breeder, then the Buyer is guaranteed a satisfactory replacement, FOB farm, or location of origin, or a refund of the actual purchase price paid FOB selling point. In no event, shall the Seller be responsible for more than the purchase price. Should a dispute arise over the quality of a replacement, there will be a cash settlement.

AUCTION SITE USER AGREEMENT - This is a legal agreement between you (the User or Buyer) and the Site Owner or Auction Company. You must be at least 18 years old to bid. Harvey Plus LLC (hereinafter referred to as Auction Company) at its sole discretion, may ban from further use any Buyer or Seller which Auction Company believes to have in any way misrepresented itself or any item, failed to abide by the terms and conditions, or conducted any improper auction behavior as determined solely by Auction Company. Any Seller who misrepresented their items and any Buyer who improperly fails to carry through with a purchase will be banned from any further use and may be subject to additional legal actions.

2) REGISTRATION - All Bidders are required to register for a bidder's number to bid at our online auction. Bidders must register online providing the necessary registration information such as name, address, phone numbers, driver's license, email address, credit card information and any other information requested for identification. The Bidder hereby acknowledges that he/she is of legal age and sound mind. By registering you are agreeing that you have read and fully understand the complete 'Terms and Conditions of Auction' and any additional terms and conditions announced or on the website, and agree to be bound thereby. All registered Bidders take full responsibility for their bidder's number (username & password). Bidder numbers/ accounts are nontransferable. All bids made by the holder of the number will be the responsibility of the registered Bidder. All sales are final. No refunds, reductions, returns, exchanges or charge backs! No Exceptions! The Auctioneers reserve the right to refuse any applicant for a bidding number or the privilege of bidding at any online or onsite auction and to revoke such privilege at any time.

3) BIDDING - Do not bid unless you agree to ALL of the terms and conditions posted herein. By bidding you are acknowledging agreement with all of the terms and conditions included herein and elsewhere on our website. The highest Bidder shall be the Buyer and no Bidder shall retract their bid. A Buyer is deemed to have accepted an item or lot when they make their bid. A successful bid at auction constitutes a legally binding contract of sale. All sales are final. The Auctioneers reserve the right to reject any and all bids on items and lots not being sold at absolute auction. The acceptable bidding increments are established and controlled by the Auctioneer. This is not an absolute auction. Sellers reserve the right to bid in the auction up to their reserve amounts.

4) Disclaimer & Absence of Warranties: All information provided and all related materials are subject to the terms and conditions outlined in the agreement to purchase. Announcements made by the Auctioneer to the auction podium during the time of sale will take precedence over any previously printed material or any other oral statements made. The property is sold on an 'As Is, Where Is' basis and no warranty or representation, either expressed or implied, concerning the property is made by the seller or the auction company. Each potential bidder is responsible for conducting his or her own independent inspections, investigations, inquiries and due diligence concerning the property. The information provided is believed to be accurate but is subject to verification by all parties relying on it. No liability for its accuracy, errors or omissions is assumed by the seller or the auction company. Conduct of the auction and increments of bidding are at the direction and discretion of the Auctioneer. The seller, broker and auction company reserve the right to preclude any person from bidding if there is any questions to that persons credentials, fitness, etc. All decisions of the Auctioneer are final.

5) REFRESH BUTTON - To keep your screen current for proper bidding you will need to hit the Refresh Button often. Practice prior to bidding to understand how the refresh button works.

6) AUTO EXTEND FEATURE - Please note when bidding, there is an auto-extend feature on this online auction system. The auto-extend feature time frame is set by the auction company. For this example the auto-extend feature is set at 5 minutes - If someone bids in the last 5 minutes immediately prior to the end of the auction, the online auction system will automatically extend the bidding time for a 5 minute increment (and will continue to do so) until there is a 5 minute period (after the original closing time) where no one bids, then the auction will close. This feature will leave the bidding open for all lots. This feature has been added to eliminate sniping and to make the online bidding process fairer and to resemble a 'live' auction. Keep in
mind that seconds are not recorded with bid entries. A bid recorded at 5:30 and 40 seconds will have a recorded bid time of 5:30. Bid & refresh immediately and often.

7) VIEWING - The Buyers are afforded a time specific stated opportunity (or viewing by appointment) to inspect the property prior to final close of the online bidding for the auction. The Buyers are relying solely on their investigations and inspections, and not any representations made by the Sellers, Auctioneers, their licensees, employees and agents or descriptions posted online. The Buyers hereby waive any and all further inspections. The Buyers fully agree and understand that they are purchasing the property in an 'As-Is Where-Is' condition, with all its goodness and faults. The Sellers, Auctioneers, their licensees, employees and agents, make no representations, guarantees or warranties of any kind, either expressed or implied, statutory or otherwise of any nature whatsoever.

8) MAXIMUM BID: When you bid your maximum bid, the current bid price does not automatically advance to your maximum bid. Another bidder has to bid to increase the current price and the computer will automatically, competitively bid up to your maximum in the increments specified. It is advised by Auction Company to bid your highest and best bid as soon as possible to have the best chance of being the successful bidder at the close of the auction. It is the sole responsibility of the bidder to understand how the system works. Buyer hereby acknowledges he/she has had adequate time to read the auction's terms and conditions and by bidding, acknowledges that he/she understands all aspects of the auction and bidding system.

9) TECHNICAL ISSUES: In the event there are technical difficulties related to the server, software, internet or any other online auction-related technologies, Harvey Plus LLC. reserve the right to extend bidding, continue the bidding, or close the bidding. Neither the company providing the software, nor Harvey Plus shall be held responsible for a missed bid or the failure of the software to function properly for any reason.

10) New Data, Corrections, and Changes: Please monitor your email and the website for anychanges, corrections or additions to the property information.