Terms and Conditions
TERMS AND CONDITIONS OF LIVE ANIMAL (ON-THE-HOOF) SALE
The terms and conditions of this contract (“Contract”) are made effective on the date of deposit (via a positive indication during online checkout or signed contract in the case of a cash transaction) between the “Buyer” and 104 Cattle, LLC (“Seller”). Buyer and Seller are collectively referred to as “Parties” and are each individually referred to as a “Party”.
Parties agree to the following:
1. CONTRACT
A contract for the purchase of a live animal between Seller and Buyer.
2. PRODUCT
The animal is sold “on-the-hoof” as a live animal. Buyer has the option to purchase a percentage (quarter, side, or whole) of the live animal.
3. DEPOSIT
A nonrefundable deposit of $1000 (whole), $750 (side), and $500 (quarter) will be required to reserve Buyer’s percentage of the live animal. Should Seller fail to deliver said animal, this deposit will be refunded within 90 days of previously expected delivery.
4. PRICE
The price for a whole beef is $3000; price for a side of beef is $1500; and price for a quarter beef is $750. Buyer has 7 days from the date of slaughter to remit payment to Seller. Any unpaid balance after the 7-day window will result in loss of deposit and forfeiture of Buyer’s percentage of the live animal. The deposit will be deducted from the final bill.
5. PAYMENT
Acceptable forms of payment include cash, PayPal, Venmo, or credit card (via WooPayments).
6. PROCESSOR
Seller will use Broken O Processing in Comanche, Texas. If the use of a different processor is needed, Seller will notify Buyer of the change prior to the harvest date. Broken O Processing website for reference: www.brokenoprocessing.com
7. FEES
Processing fees are NOT included in the selling price. Buyer will pay the processing fees directly to the processor upon beef pickup. Processing fees can be found on the processor’s website.
8. PROCESSING
Seller is responsible for delivering the live animal to the processor. The animal will be maintained by Seller up to this point. Buyer will work directly with the processor to complete the custom cut sheet. Buyer is responsible for all arrangements to pick up the final product once processing is complete. Resale or donation of the final product is prohibited by law. The processor sets terms for how long they will hold the beef after Buyer has been notified that the beef is ready for pickup. If Buyer exceeds the maximum holding period length, the product will be surrendered to Seller, and Buyer will not receive a refund.
9. POSSESSION AND RISK OF LOSS
The animal becomes Buyer’s property upon delivery to the processor. Buyer assumes risk of loss once delivered to and accepted by the processor.
10. POST-PURCHASE
Buyer assumes all risks and liabilities upon purchase of the animal. In any event, Seller is not responsible for actions of Buyer post-purchase and Buyer agrees to indemnify Seller for any damages (including attorney’s fees) incurred due to actions of Buyer.
11. DISPUTE RESOLUTION
All disputes arising in connection with this Contract will be settled, if possible, by the Parties’ negotiation. If the matter is not resolved by such negotiations, then the dispute must be submitted to mediation prior to filing any litigation in court. The Parties shall select a mutually agreeable mediator or, if the Parties are unable to agree, Seller shall appoint a neutral mediator. Mediator fees will be shared equally by the Parties.
12. CHOICE OF LAW
Any disputes arising under or related to this Contract shall be construed under the laws of Texas.
13. FORUM CLAUSE
Any disputes arising under or related to this Contract shall be heard in the Precinct 2 court in Granbury, TX.
14. ATTORNEY’S FEES
In the event of any litigation (including arbitration) arising from or related to this Contract or the products provided under this Contract, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, attorney’s fees, and all other related expenses incurred in such litigation. In the event of a non-adjudicative settlement of litigation between parties or a resolution of a dispute by arbitration, the term “prevailing party” shall be determined by that process.
TERMS AND CONDITIONS OF SEED STOCK SALE
1. TERMS OF SALE
Buyer must pay a $500 nonrefundable deposit per animal to reserve the desired animal. Pickup day and time will be mutually agreed upon by Buyer and Seller. Delivery arrangements can be made. Acceptable payment methods are check, PayPal, Venmo, or credit card (via WooPayments). A secure form of payment must be received before any and all cattle are loaded. Printed information on sale day takes precedence over any information stated prior to via websites, social media, etc. Every effort has been made to ensure accuracy within the sale notes. All cattle are sold “as-is” with no implied guarantee of soundness or fertility. Seller reserves the right to reject any and all potential sales. Should the animal cross Texas state lines, Buyer is responsible for any necessary paperwork.
2. REGISTRATION
Registration papers will be provided for animals already registered. Seller assumes responsibility for transferring registration. Buyer assumes responsibility for registering any unregistered animals.
TERMS AND CONDITIONS OF BOXED BEEF SALE
1. PRODUCT
Boxed Beef is sold frozen and prepackaged.
2. PRICE
Price of each box is as stated on the website or social media, unless a custom box has been designed for Buyer. In this case, Seller will notify Buyer of the custom box price prior to the transaction.
3. PAYMENT
Acceptable forms of payment include cash, PayPal, Venmo, or credit card (via WooPayments).
4. RETURNS
Returns on boxed beef purchases are not accepted.
5. DELIVERY
Due to the perishable nature of the product, Buyer must be available in person to retrieve a boxed beef delivery. Buyer understands that boxed beef is frozen and must be immediately placed in a freezer or refrigerator upon acquisition.
6. PICKUP
Seller recommends bringing a cooler for transport from pickup location to storage.
Privacy Policy
Who we are:
Our website address is: https://www.104cattle.com.
We collect information about you during the checkout process on our store.
What we collect and store:
While you visit our site, we’ll track:
- Products you’ve viewed: we’ll use this to, for example, show you products you’ve recently viewed.
- Location, IP address and browser type: we’ll use this for purposes like estimating taxes and shipping.
- Shipping address: we’ll ask you to enter this so we can, for instance, estimate shipping before you place an order, and send you the order.
We’ll also use cookies to keep track of cart contents while you’re browsing our site.
When you purchase from us, we’ll ask you to provide information including your name, billing address, shipping address, email address, phone number, credit card/payment details and optional account information like username and password. We’ll use this information for purposes, such as, to:
- Send you information about your account and order
- Respond to your requests, including refunds and complaints
- Process payments and prevent fraud
- Set up your account for our store
- Comply with any legal obligations we have, such as calculating taxes
- Improve our store offerings
- Send you marketing messages, if you choose to receive them
If you create an account, we will store your name, address, email and phone number, which will be used to populate the checkout for future orders.
We generally store information about you for as long as we need the information for the purposes for which we collect and use it, and we are not legally required to continue to keep it. For example, we will store order information for 10 years for tax and accounting purposes. This includes your name, email address and billing and shipping addresses.
We will also store comments or reviews, if you choose to leave them.
Who on our team has access:
Members of our team have access to the information you provide us. For example, both Administrators and Shop Managers can access:
- Order information like what was purchased, when it was purchased and where it should be sent, and
- Customer information like your name, email address, and billing and shipping information.
Our team members have access to this information to help fulfill orders, process refunds and support you.
What we share with others:
We share information with third parties who help us provide our orders and store services to you; for example —
Payments:
We accept payments through PayPal. When processing payments, some of your data will be passed to PayPal, including information required to process or support the payment, such as the purchase total and billing information.
Please see the PayPal Privacy Policy for more details.