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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 transportation costs in excess of the distance between the purchaser's farm and the location where the sale took place. If the seller proves the animal to be a breeder, it shall be, the obligation of the purchaser to take delivery of the animal and pay all expense incurred for transportation.
3. If a female sold as "safe in calf" proves not to be in calf, the purchaser may receive service from the bull previously used, if available, or if the bull is not available, the seller shall be obligated to make a satisfactory adjustment on the purchase price to the buyer or, at the buyer's option, refund the purchase price upon return of the animal to the farm of the seller Any adjustment provided for herein shall absolve the seller from further liability, except in case such female proves to be a non-breeder. If a female represented as "safe in calf" at time of sale to a certain bull proves to have been bred to a different bull, the seller shall be obligated to make a satisfactory adjustment on the purchase price to the buyer or, at the buyer's option,
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A*L*O*T Angus Association
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refund the purchase price upon return of the animal to the farm of the seller (adjustments shall not be considered to be a breeding fee or an allocation of the purchase price to any unborn calf). Any expense incurred for transportation shall be the responsibility of the purchaser, except that the seller shall be responsible for transportation costs in excess of the distance between the purchaser's farm and the location where the sale took place.
4. If a female sold as "open" proves to be with calf, the purchaser may return the animal to the farm of the seller prior to calving for a refund of the full purchase price or for another animal of equal value, whichever is acceptable to the purchaser. It shall be the obligation of the seller bear any expense incurred for the transportation.
5. Cows with calves at side are presumed to be breeders with no further fertility guarantee.
6. White skin or hair shall not be painted or altered. If such painting or alteration has occurred, the buyer may return the animal to the farm of the seller for a refund of the full purchase price or for another animal of equal value, whichever is acceptable to the purchaser. Any expense incurred for transporting the animal shall be the responsibility of the purchaser, except that the seller shall be responsible for transportation costs in excess of the distance between the purchaser's farm and the location where the sale took place.
7. If an animal is sold, and at a later date, proves not to be eligible for registration under the Association rules, the seller shall be obligated to make a satisfactory adjustment on the purchase price to the buyer, or at the buyer's option refund the purchase price upon the return of the animal to the farm of the seller. Any expense incurred for transportation shall be the responsibility of the purchaser, except that the seller shall be responsible for the transportation costs in excess of the distance between the purchaser's farm and the location where the sale took place.
8. If an animal is sold and through blood tying is proven to have incorrect parentage, as represented by the certificate of registration, and for which parentage can be determined, the seller shall be obligated to make a satisfactory adjustment on the purchase price to the buyer or, at the buyer's option refund the purchase price upon the return of the animal to the farm of the seller. Any expense incurred for transportation shall be the responsibility of the purchaser, except that the seller shall be responsible for transportation costs in excess of the distance between the purchaser's farm and the location where the sale took place.
GENETIC DEFECT GUARANTEE
1. All animals are guaranteed not to produce a calf with the following defects for a period of two years from date of sale: Dwarfism, Osteopetrosis (marble bone disease) and Syndactylism (mule foot). This guarantee is effective only under the following conditions: (a) The buyer shall notify the seller in writing immediately upon the birth of a calf suspected of being defective or immediately after determination is made that such calf is defective.
(b) The seller at his expense shall be permitted, and provided with reasonable opportunity, to obtain blood samples of an alleged defective calf and its sire and dam for the purpose of blood type analysis to establish parenthood.
(c) The animals will be returned by the buyer to the seller at the buyer's expense; provided the animals meet the health requirements of the seller's state.
(d) The return of the purchase price in connection with a defect producing animal shall be deemed full satisfaction and settlement.
2. In the event there is a dispute as to whether or not a calf is defective, the "Determination" referred to in paragraph l,a) above shall be made by a person or persons acceptable to both the buyer and seller, and in the event that the buyer and seller cannot agree on the selection of such person or persons, then each of them shall appoint a representative to make the determination. In the event that such representatives fail to agree, a third person selected by the representatives of the buyer and seller shall make the determination.
3. Registration certificates issued after January 30, 1979, for animals which, prior to issuance of the certificate, have been reported and verified as carriers of recessive genetic defects or genetic factor or have tested free of certain genetic defects or genetic factor contain the following codes relative to such defect. S-Syndactyly; H-Double Muscling; D-Dwarfism; M-Osteopetrosis; HI-Heterochromia Irides; HG-Horn Gene; R-Red; X-Multiple Defects, Check List for Kind; F-Tested For Defect Printed Without Producing Abnormal Calves; GDF-Produced 35 or more calves from Daughters Without a Genetic Defect or Genetic Factor. The absence of any such notation on a pedigree of an animal, in a sale catalogue, does not establish that the animal in question is not a carrier of any such genetic defect or genetic factor.
RIGHTS AND OBLIGATIONS
1. The above terms and conditions of sale shall constitute a contract between the buyer and seller of each animal and shall be equally binding upon both. Each sale or resale of an animal constitutes a separate transaction.
2. Neither the sponsoring association, the sale manager, nor any other person connected with the management of the sale, assumes any liability, legal or otherwise.
*For voluntary consideration and use by sellers in their independent business
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