Terms of sale: 1. All buyers are required to settle their account with North American Elk Breeders Association staff in full at the end of the auction. Payments will be accepted by cash, valid check, or bank draft. Driver's license or some sort of positive identification will be required for checks. Non-sufficient funds or stopping payment of a check will not be tolerated. 2. The sales management, auctioneers and employees act as agents for the seller, but assume no liability for either buyer or seller. Any representations made by the sales management are on behalf of the seller. 3. Although we make every effort to protect our readers from false or misleading advertising, Branine auction Service, Branine Auction Service employees, North American Elk Breeders Association staff and board members and the facilities in which the auction is held along with the facilities employees or its representatives make no claims or representation or assume any liability for the advertisements place in this catalog/brochure. Nor do we necessarily endorse or imply preference of these individuals. 4. Each lot will be sold by auction to the highest bidder. The auctioneer reserves the right to accept or reject any bid, and in all cases of dispute, the auctioneer's decision shall be final. 5. All sales are final. The buyer is financially responsible for payment according to the Terms of Sale. Ownership passes from seller to buyer when the financial matters are completed at the end of the sale. Liability becomes the responsibility of the buyer at this time. 6. All buyers must register for the sale and agree to the terms of sale upon which time they will receive a bid card. 7. Branine Auction Service and the employees of Branine Auction Service act only as an agent. ALL RESPONSIBILITY AND GUARANTEES ARE BETWEEN BUYER AND SELLER. 8. All persons who attend the sale do so at their own risk and the seller, Branine Auction Service, North American Elk Breeders Association members, board and staff or the facilities in which the auction is held assume no liability for any accidents that occur. It is clearly understood that Branine Auction Service, the North American Elk Breeders Association and the facility in which the auction is held and its representatives act only as an agent between the buyer and seller. 9. All buyers agree to be bound by the above terms of sale agreement. WEBCAST TERMS AND CONDITIONS Terms and Conditions Governing the use of Branine Auction Service's online bidding services. Branine Auction Service offers customers the opportunity to participate online in live Branine Auction Service auctions. Branine Auction Service reserves the right, at our sole discretion, to add, delete or change some or all of our online services at any time without notice. The following Terms and Conditions govern the use of Branine Auction Service online bid services and must be accepted, without modification, before you may access Branine Auction Service online bid services. The Branine Auction Service online bid services terms and conditions, together with any additional terms and conditions specific to a particular auction, constitute the entire agreement (the "Agreement") between you and Branine Auction Service for that particular auction. Branine Auction Service reserves the right, in our sole discretion, to allow or deny access to Branine Auction Service online bid services to any party. Upon acceptance of your registration and application for access to Branine Auction Service online bid services, you will receive a username and password which will identify you. You are responsible for all purchases and activities that occur using your Branine Auction Service online bid number. 1. Fees and Service Costs 3% per bid number per sale for online bid services. 2. General Eligibility for access to and use of Branine Auction Service online bid services. By accepting these Branine Auction Service online bid services terms and conditions, you warrant that: a) You are of legal age and possess the legal capacity to participate in Branine Auction Service auctions; b) Upon approved registration you will be issued a username, password and bid number. PROTECT AND KEEP CONFIDENTIAL YOUR USER NAME AND PASSWORD. You will be financially responsible for the use of your online bid number by yourself or any other party using Branine Auction Service online bid services under your name or account. 3. Branine Auction Service reserves the right to refuse any person for any auction. 4. Restrictions Governing the use of Branine Auction Service online bid services As a condition of your use of Branine Auction Service online bid services, you warrant you will not: a) Use Branine Auction Service online bid services for any purpose that is unlawful or prohibited by this Agreement; b) Use Branine Auction Service online bid services in any manner that could damage, disable, overburden, or impair the Branine Auction Service's auction website; c) Us any device, software or routine to interfere or attempt to interfere with the proper working of Branine Auction Service online bid services or the Branine Auction Service website or auction; d) Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; e) Interfere or disrupt any computer networks involved in the provision of Branine Auction Service online bid services; f) Transmit any viruses or other code, files, or programs that may damage, disrupt or interfere; with Branine Auction Service online bid services or any other aspect of the website; g) Interfere with any other party's use of Branine Auction Service online bid services; h) Impersonate any other person or entity, or disguise the origin of any bidder information; i) Use Branine Auction Service online bid services to upload, post or distribute any advertising or solicitations; or j) Use Branine Auction Service online bid services in such a way as to gain unauthorized access to the computer systems of others. 5. Bidder Information Bidder Information includes any information you provide to Branine Auction Service when you register to participate and bid in any Branine Auction Service auction or communicate with Branine Auction Service by phone, fax or email as part of your use of Branine Auction Service online bid services. You are solely responsible for the accuracy of your bidder information and you hereby warrant that your bidder information: a) is true and accurate; b) is not fraudulent; c) does not infringe on any third party copyrights, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; d) does not violate any applicable law, statute, ordinance or regulation; e) is not defamatory, obscene or libelous; and f) does not contain any viruses, code, files, or programs that may damage, disrupt, or interfere with data or personal information. You agree to indemnify and hold Branine Auction Service harmless from and against loss, cost, expense or damage arising out of a breach of any of the foregoing representations and warranties. Branine Auction Service reserves the right to take any action with respect to bidder information if Branine Auction Service reasonably believes such information to breach any of the foregoing representations or warranties or to be restricted or prohibited by law. 6. Using Branine Auction Service online bid services during an auction Bids for a particular item may be made on a live basis when using Branine Auction Service online bid services. BIDS PLACED VIA ONLINE BID SERVICES ARE FIRM COMMITMENTS TO PURCHASE AND MAY NOT BE CANCELLED OR RETRACTED FOR ANY REASON. BRANINE AUCTION SERVICE CANNOT AND DOES NOT GUARANTEE THAT BIDS PLACED VIA BRANINE AUCTION SERVICE ONLINE BID SERVICES WILL BE TRANSMITTED TO OR RECEIVED BY THE AUCTIONEER IN A TIMELY FASHION. FURTHER, THE AUCTIONEER HAS THE SOLE DESCRETION TO ACCEPT OR REFUSE ANY BID. All bids must be in United States funds. Bids do not include any applicable taxes, buyers premiums, customs duties, registration fees, shipping rigging, or other preparation and transportation costs and insurance. Bids for an item do not apply to subsequent offerings of identical or similar items. Bidders placing winning Branine Auction Service online bids will be notified via e-mail. All forms of shill bidding, including collusion, bid manipulation and bidding on lots that you, or a party that is affiliated with you, have consigned to the auction is strictly forbidden. You may not make a bid under a false name or as agent for a person who would himself be prohibited by these Branine Auction Service online bid terms and conditions from placing a bid on a particular lot. Branine Auction Service reserves the right to reject any bid which we deem to not have been made in good faith, or which is restricted or prohibited by law. The winning bidder for a particular lot (the "Purchaser") shall have purchased that lot as the accepted bid amount. 7. Ownership All sales are final. Upon your becoming the Purchaser of a lot, that lot shall immediately become your responsibility and be at your risk. Branine Auction Service shall not be responsible for loss or damage to any lot once it has been purchased. 8. Payment, Settlement and Removal The purchaser of a lot shall make payment as follows: You will be notified by email of the purchase price, plus any applicable taxes and other charges. Payment must be made by wire transfer to the bank account identified in the email sent to you. PAYMENT MUST BE MADE NO LATER THAN THE FIRST BANKING DAY FOLLOWING THE EMAIL NOTIFICATION YOU RECEIVE. All payments must be in United States funds. You agree to pay interest on overdue accounts at a rate of 18% per annum or at such other maximum rate as allowed by law, together with any legal or collection costs, including attorney`s fees, incurred by Branine Auction Service. You are responsible for transporting purchased lots to your desired location. At no time will any purchased lot be released to you until payment in full for all lots purchased by you has been received by Branine Auction Service. 9. Auction Data You may not record, store, duplicate, re-broadcast or otherwise exploit any data or audio/video content transmitted to you as part of the Branine Auction Service online bid services during a live auction (collectively, "Auction data"). Branine Auction Service owns all right, title and interest in and to all Auction data, including all intellectual property rights therein and thereto. 10. No Warranty, No Professional Advice The descriptions of items appearing in advertising or any information prior to or during the auction are believed to be correct. However, neither those descriptions nor any information supplied by any employee or agent of Branine Auction Service, in any form whatsoever, shall be construed as a warranty, either expressed or implied. Any descriptions and information supplied by any means is intended solely as general guidance for the purpose of buying and selling lots at Branine Auction Service's auctions. All lots are sold as is where is and bidders are strongly encouraged to inspect the lots before placing bids. 11. Governing Law The Branine Auction Service online bid services terms and conditions shall be governed by and interpreted under the laws of, and any auction hereunder against Branine Auction Service shall be commenced in the State or Province and Country in which the relevant auction occurs. 12. The above Terms and Conditions must be agreed to before a bid number will be issued.