Doguet’s Diamond D Ranch • Page 52
Bidding
Each animal will be sold to the highest bidder without reserve. The
auctioneer will settle any disputes as to bids, and his decision on such
matters shall be final.
Terms
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 until loaded for shipment or until the expiration of 48 hours
after the sale, whichever occurs sooner. After 48 hours a maintenance
fee of $3.00 per day will be assessed until pickup unless the female
owner or AMS arranges shipment.
Sight Unseen purchases
Buyers may purchase females or bulls through the owners or American
Marketing Service personnel at auction without viewing the cattle.
For sight unseen purchases, the buyer has the right of inspection at
the time of delivery. If the animal is deemed unsatisfactory, it may be
reloaded on the delivery truck and returned to female or bull owners
ranch at no obligation to the buyer. All transportation expenses will be
the responsibility of the seller. If the animal is deemed unsatisfactory
within one week of the purchase, the buyer may at their expense,
return the animal to the female owner’s ranch for a full refund of the
purchase price.
Certificate of registry
A transferred certificate of registry will be furnished to the purchaser for each
registered animal once proper settlement has been made.
Health
Health papers suitable for interstate shipment will be furnished on all animals.
Genetic Conditions
We have tested our entire herd bull battery and all our donor cows. To the best of
our knowledge all DDD animals sold are free of any genetic conditions. All animals
tested are so noted in the catalog. All animals not noted as tested, have not been
tested and sell as is with no further guarantees.
Announcements
Any changes from the information of any kind in this catalog will be provided
in a sale day supplement sheet or announced from the auction block and such
information shall take precedence over cataloged information.
Breeding Guarantee
1. All animals are guaranteed to be breeders with the exception of: a) calves
under 12 months of age; b) animals shown by purchaser after sale in which the
guarantee (if any) shall be between the seller and the buyer; c) injury or disease
occurring after the sale; d) gross negligence or willful misconduct on the part of
the purchaser; e) death by any reason.
2. Safe in calf females have been examined by competent personnel and are so
guaranteed.
3. Exposed females have been exposed but are not guaranteed to be safe in calf.
4. Open females have not been served and are so guaranteed.
5. Donor Females. a) A female is not guaranteed to be a breeder after the date
of the 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.
b) Embryo transfer guarantee. Even though it is possible some of the female lots
have worked successfully in our embryo transfer program in the past, and should
in the future, there is no guarantee or warranty on future embryo production of any
lot. Flush records are available upon request.
6. Any bull which settles cows by natural service and passes a fertility test made by
competent veterinarians, mutually agreed upon by the buyer and seller, during any
six month period of trial (provided for in paragraph 2 of the section of these sales
terms and conditions entitled “Options and Privileges of Return or Adjustment”)
shall be considered a breeder. All partial interest bulls are guaranteed to produce
freezable quality semen.
TERMS & CONDITIONS
7. This is not a life insurance policy. Seller will not replace a dead animal if it is
killed or dies for any reason. We would suggest that normal care still needs to be
exercised toward these animals and that yearling bulls should be fed so they can
continue to develop properly
Pregnancy Determination
The registered females in this sale noted safe in calf have been determined
pregnant by physical palpation or ultrasound technology. Our best estimate of
service sire will be given in the case of the females with both an A.I. sire and a
natural breeding sire.
Options and Privileges of Return or Adjustment
1. All claims for adjustment or refund must be made in writing within six months
of the sale date.
2. In the event an animal is claimed to be a non-breeder, the animal may be
returned to owner’s ranch, if in good condition and complying with the health
requirements of their state. The seller shall be entitled to a six month 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 issue
a credit for the initial selling price. 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
expenses incurred for transportation.
3. If an animal is sold and at a later date proves not to be eligible for registration
under association rules, the seller shall be obligated to make a satisfactory
adjustment on the purchase price to the buyer, refund the purchase price or issue
a credit for the initial selling price upon the return of the animal to the farm of the
seller.
4. If an animal is sold and through DNA is proven to have incorrect parentage as
represented by the certificate of registration, and for which the parentage can be
determined, the seller shall be obligated to make a satisfactory adjustment on the
purchase price to the buyer, refund the purchase price or issue a credit for the
initial selling price upon the return of the animal to the farm of the seller.
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 on both. Other than
the guarantees and warranties stated above, no other warranties or guarantees
are expressed or implied. Each sale or resale of an animal constitutes a separate
transaction.
2. Neither female or bull owners or American Marketing Service nor any other
person connected with the management of the sale, assumes any liability, legal
or otherwise.
