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Terms & Conditions
Suggested* sale terms and conditions, American Angus Association, March 21, 1994.
Except for those stated in the below terms and conditions, there are no warranties, either expressed or implied, as to merchantability or fitness for a particular purpose with respect to the cattle being sold at this auction.
The warranties and guarantees set forth in the "Terms and Conditions" are in lieu of all other warranties, either expressed or implied, and the remedies provided therein shall be the sole and exclusive remedy of the buyer, or any party claiming through buyer, for any breach of warranty or guarantee therein provided, and all other obligations or liabilities.
BIDDING 1. Each animal will be sold to the highest bidder without reserve. The person in charge will settle any disputes as to bids, and his decision on such matters shall be final.
TERMS 1. Terms of sale are cash unless satisfactory credit arrangements, including any possible reservation of security interest by vendor, have been made with vendor previous to sale.
PURCHASER'S RISK 1. Each animal becomes the risk of the purchaser as soon as sold; but it shall be the obligation of the seller to see that animals are fed and cared for free of charge to purchaser, until loaded for shipment or until the expiration of (48) hours after the sale, whichever occurs sooner.
CERTIFICATE OF REGISTRY 1. A transferred certificate of registry will be furnished to the purchaser for each animal within (45) days following date of sale or receipt of full payment.
HEALTH 1. All animals are eligible for interstate shipment; except as otherwise announced. Interstate health papers will be furnished for each animal requiring T.B. and Bangs tests in accordance with Federal Regulations. A certificate of vaccination will be furnished for each animal that has been vaccinated for Bangs disease.
A.I. SERVICE CERTIFICATES 1. A.I. Service Certificates shall be furnished by the seller, on demand of the buyer, at no cost to the buyer, for all females bred artificially to bulls not owned by the seller.
ANNOUNCEMENTS 1. Any changes from information of any kind in this catalog will be announced from the auction box and such announcements shall take precedence.
BREEDING GUARANTEE 1. All animals are guaranteed to be breeders, with the exception of: a) Calves under twelve months of age; b) Animals shown by purchaser after sale (in cases of animals shown after purchase the breeding guarantees, if any shall be such as agreed upon between the seller and the buyer); c) Injury or disease occurring after sale; d) Gross negligence or willful misconduct on the part of the purchaser.
2. BULLS are guaranteed breeders if not allowed to run with the herd until at least 14 months of age. Any bull which settles cows by natural service and passes a fertility test made by competent veterinarians, mutually agreed upon by buyer and seller, during any 6 month period of trial (provided for in paragraph 2 of the section of these sales terms and conditions entitled "Option and Privilege of Return and Adjustment") shall be considered a breeder. Any guarantees with respect to the ability to freeze semen shall be by separate agreement between the buyer and seller.
3. Safe in Calf Females have been examined by a competent veterinarian and are so guaranteed.
4. Served Females are not guaranteed to be in calf,
5. Pasture-bred Females have been exposed but are not guaranteed to be in calf.
6. Open Females have not been served and are so guaranteed,
7. DONOR FEMALES 1. (a) A female which has been used in an embryo transfer program is not guaranteed to be a breeder after date of sale unless by separate agreement between the buyer and seller. (b) A female is not guaranteed to be a breeder after date of sale, when that female is to be used, or attempted to be used, in an embryo transfer program, unless by separate agreement between the buyer and seller.
IDENTIFICATION
1. Seller offers each animal with a readable tattoo corresponding to its registration.
2. Buyer agrees to check tattoos for accuracy.
3. In those cases where a nickname is used, it shall be accompanied by the official registered name and number of the animal.
OPTIONS AND PRIVILEGES OF RETURN OR ADJUSTMENT
1. All claims for adjustment or refund must be made in writing either within six months of the sale date or no later than six months after the animal reaches 18 months of age, with the exception of claims involving dwarfs or misrepresentation of service sire.
2. In the event an animal is claimed to be a non-breeder, the animal may be returned to the farm of the seller if in good condition and complying with the health requirements of the seller's state. The seller shall be entitled to six months trial following the return of the animal in which to prove that the animal is a breeder. If at the end of six months the seller is unable to prove the animal is a breeder, the seller shall, at the option of the buyer, replace the animal with another of equal value or refund the purchase price. The return of the full purchase price shall in any case be deemed full satisfaction and settlement. Any expense incurred for transporting an animal claimed to be a non-breeder shall be the responsibility of the purchaser, except that the seller shall be responsible for
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