BRC Ranch Sale Consignor Form

•  Services Provided by BRC.
  1. All decisions on marketing and sale of the Lot is in the sole discretion of BRC, subject to the terms and conditions contained herein.
  2. BRC shall provide all necessary care for the Animals while Animals are at BRC’s premises and in BRC’s possession and control. Necessary care shall include feeding, maintenance and breeding of the Animals.
  3. Care and Maintenance. BRC shall perform the following with respect to the Animals:
     1. Furnish all labor required to maintain the proper health, care and maintenance
     2. Furnish the proper buildings and/or facilities to house and care
     3. Feed in accordance with the services being provided
     4. Inspect the Animals regularly and employ, limited but where necessary and at Owner’s expense, veterinarians to administer proper health care
     5. Provide photography and videography of the animal.
• Payment to BRC.
  1. In consideration of BRC’s marketing and sale of any Lot, Owner hereby agrees to and grants the following to BRC as payment:
     1. 15% of the final sale price, or 10% of the p.o. or passed price
     2. $8.00 per day for Services provided by BRC including feed and labor
  2. Owner shall pay to BRC all fees for services provided under this Agreement. If not paid by May 25, 2024, BRC will deduct these fees from the sale proceeds.
• Term and Termination
  1. Term. This Agreement begins on the Effective Date and ends upon Termination.
  2. Termination. This agreement shall terminate upon completion of the terms of sale as outlined within this Agreement and Exhibit A.
• Sale of Animal
  1. Proceeds to Owner. BRC shall remit sale proceeds to Owner upon receipt of full payment from the purchaser of the Lot. Payment is calculated as Price Sold for LESS any payments to BRC outstanding under Paragraph 2.
  2. Sale Terms and Conditions. In addition to the Terms of Sale under Paragraph 2, Owner acknowledges and agrees to the following Sale Terms and Conditions for Sale of the Lot, to the extent such terms are applicable to the Lot:
• Sale Terms and Conditions.

This sale is governed by Texas law. These terms represent the full agreement between buyer and B.R. Cutrer, Inc. Updates posted at dvauction.com take precedence over catalog.

• Consignor Responsibilities.
  1. Consignor must provide a signed copy of the ABBA registration paper at the time of drop off, which allows BRC to transfer the animal to the new buyer upon full payment. BRC reserves the right to withdraw any animals from the sale that do not comply with this procedure.
  2. Consignor must provide an accurate tax identification number and payment information at the time of drop off. All payments will be made to this entity. BRC reserves the right to withdraw any animals from the sale that do not comply with this procedure. Should a check need to be re-issued due to changes in the provided business information, a $100 administrative fee will be incurred by the consignor.
• Return of Animal, Death of Animal.  In the event an animal is a non-breeder, Owner is responsible to uphold the breeding guarantees within the Sale Terms and Conditions. In the event any Animal sold is returned in accordance with the Sale Terms and Conditions, it is the responsibility of the Consignor and Buyer to resolve the situation. BRC recommends that the Consignor offer a suitable replacement of equal value, or provide a credit for the purchase price, or provide a refund. BRC is not responsible for any refunds or disputes between Consignors and Buyers.
• Liability of BRC.  BRC and its employees, heirs, successors or assigns will not be held liable for any future injuries, sicknesses, reproductive issues, death or other loss of the animal subject to this Agreement.
• Indemnification. During the Term of this Agreement, Owner shall indemnify, defend, and hold harmless BRC and its respective officers, employees, agents, affiliates, and representatives, from and against any and all losses, liabilities, claims, demands, causes of action, damages, costs, including attorney’s fees, penalties, judgments, expenses, and interest, arising from or related to this Agreement. BRC shall give Owner reasonable notice of the assertion of the claim as to which the right of indemnification is claimed to exist. This indemnification obligation will survive the termination or expiration of this Agreement.
• Miscellaneous.
  1. Amendments. This Agreement may not be amended, in whole or in part, at any time except by written instrument setting forth such changes signed by both Parties.
  2. Assignment. Neither Party may assign its rights under this Agreement without the prior written approval of the other Party, which may be withheld for any reason.
  3. Governing Law and Venue. This Agreement will be interpreted and construed in accordance with the laws of the State of Texas. A Party bringing a legal action or proceeding against the other Party arising out of or relating to this Agreement shall bring the legal action or proceeding in Wharton County, Texas.
  4. Entire Agreement. This Agreement, together with its Exhibits, constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous, oral or written, understandings between the Parties with respect to the subject matter hereof.
  5. Notices. Notices to be given by either Party to the other will be sufficiently given if made in writing and hand-delivered or sent by certified mail and addressed to the notified Party the address described above.
  6. Successors and Assigns. This Agreement is binding upon, and insures the benefit of, the Parties and their respective successors and assigns, except as otherwise provided in this Agreement.
  7. Survivability. The following provisions will survive the termination or expiration of this Agreement: 2. Payment to BRC; 3. Term and Termination; 4. Sale of Animal; 5. Liability of BRC; and 6. Indemnification.
  8. Waiver. The failure of either Party to enforce any right accruing under this Agreement will not be construed as a waiver of a subsequent right of such Party to enforce the same or any other right, term, or condition.
• This Agreement entered into on the date of electronic submission. The IP address of submission is also recorded.