98 | R.A. Brown Ranch | 3.8.17
3.8.17 | R.A. Brown Ranch | 99
Except for those stated in the below terms and conditions,
there are not 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 are set forth in these 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 purchaser or any party claiming through
purchaser, for any breach of warranty or guarantee therein
provided, and all other obligations or liabilities.
BIDDING
Each animal will be sold to the highest bidder. The
auctioneer in charge will settle any disputes as to bids, and his
decision on such matters shall be final.
TERMS of the sale are cash or check to the clerk at the
conclusion of the auction. Animals are not to leave until paid
for in full.
PURCHASER’S RISK
Each animal will be at the Purchaser’s
risk 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
(72) hours after the sale for animals being picked up by the
Purchaser. Animals being delivered will be cared for at no
charge until delivered.
ANNOUNCEMENTS & SALE DAY SUPPLEMENT
Printedinformationonthesaledaysupplementtakesprecedence
over printed information in this catalog. Announcements from
the auction block will take precedence over printed material in
this catalog and on the sale day supplement. All animals will
be sold by lot number as announced from the auction block.
Every effort has been made to assure correctness of the catalog,
and in most cases, information quoted concerning the animals
is taken from the respective breed association’s official records.
PERSONAL LIABILITY
All persons who attend the sale do
so at their own risk and the R.A. Brown Ranch, its employees,
cooperators, consignors and all other person connected with the
management of the sale, assume no liability, legal or otherwise.
IDENTIFICATION
Seller offers each registered animal with
a readable tattoo corresponding to its catalog designation and
registration when applicable.
REGISTRATION TRANSFER
If you want registration
certificates transferred to you, this request must be made with
the sale clerk at settlement on sale day or within twenty (20)
days thereafter by written notification. After twenty (20) days,
the transfer fees will be the responsibility of the Purchaser.
All registration certificates will be withheld until the check
clears the bank. Registration certificates will be mailed to you
within ninety (90) days of date of sale. Inform the clerk when
checking out if you need them sooner than ninety (90) days.
HEALTH CERTIFICATES
will be furnished on all animals
going outside of Texas as soon as all required testing is
complete. Some states require testing that may take several
days to receive the results before our veterinarian can complete
the health certificate to send cattle to your state.
BULL BREEDING GUARANTEE
1. All animals are
guaranteed to be breeders with the exception of: a) Injury or
disease occurring to the animal after time of sale; b) Gross
negligence or willful misconduct on the part of the purchaser;
c) Animals shown competitively after being purchased in this
sale. 2. Any bull which either a) settles 1/3 or more of the
healthy cows he serves; b) is the sire of 20 or more animals;
or c) settles cows by natural service and passes a fertility test
made by a competent veterinarian during any 6 month trial
(provided for in the section of these sale terms and conditions
entitled “Options and Privileges of Return or Adjustment”)
shall be considered a breeder. Any guarantees with respect to
the ability to freeze semen shall be made by separate agreement
between the Purchaser and Seller.
REGISTERED FEMALE BREEDING GUARANTEE
1) Safe-in-calf females have been examined by a competent
ultrasound or palpation technician and are so guaranteed. All
females that have been diagnosed safe in calf, have a projected
calving date or date range printed in this catalog or in the sale
day supplement. All projected due dates and embryo sexing are
best estimates only and are not guaranteed. Please remember
that it is normal for females to give birth throughout the two
weeks either side of their projected due date. 2) AI or pasture
exposed females have been exposed, but are not guaranteed
safe in calf. They are guaranteed to be breeders. 3) Open
females have been examined open and are so guaranteed.
Open females are guaranteed to be breeders or produce viable
embryos if the Purchaser chooses to put the cow into embryo
transfer. 4) Donor Females a) A female which has been used in
an embryo transfer program and sells open is not guaranteed
to be a breeder after date of sale unless by separate agreement
between the Purchaser 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 invitro fertilization (IVF) program
or embryo transfer program, unless by separate agreement
between the Purchaser and seller. c) There is no guarantee as to
the suitability of any female for embryo transfer.
COMMERCIAL FEMALE BREEDING GUARANTEE
All Commercial Females sell safe in calf. They have been
determined pregnant by a competent ultrasound or palpation
technician and are guaranteed to be pregnant through a month
following this sale. It is common for a small percentage of
females to lose a pregnancy between palpation and calving.
If you determine that one of the commercial females is not
pregnant prior to that month, then please call us and you will be
reimbursed by the seller of the heifers the difference between
her purchase price and the salvage value you receive for her.
SELLER’S SEMEN RIGHTS
1) Seller retains a 50%
revenue sharing semen interest and no possession, in every
bull in this catalog unless otherwise noted in this catalog or
in the sale day supplement. Future semen collections of the
bull must be made known to all owners prior to collecting.
These collections and costs will be divided according to each
owner’s interest, unless otherwise agreed upon mutually by all
owners prior to collection of said semen. 2) On any bull in the
sale which is collected in the future, Seller reserves the right
to 100 straws of semen with registration rights and will pay
their portion of the collection costs. 3) Further official terms
for this section are described at the front of this catalog entitled
“Retained Interests in Bulls.”
OPTIONS & PRIVILEGES OF RETURN OR
ADJUSTMENT
1) The following adjustments do not preclude the right of
the Purchaser and seller to mutually agree upon other terms
and conditions for settlement of any dispute. All claims for
adjustment or refund must be made in writing either within
six (6) months from the date of sale or no later than when the
animal reaches 24 months of age, whichever occurs later, with
the exception of claims involving parentage or defects. 2) All
returns or refunds will be paid in the form of a replacement
animal of similar quality or in credit for use on any products
marketed by the seller. a) This credit will be limited to the
purchase price less the salvage value of the animal. b) Salvage
value = Market price x greater of “current weight” as taken
in September prior to the sale or the animal’s current weight
at the time of salvage, whichever is greater. 3) In the event
an animal is claimed to be a non-breeder, the animal may be
returned to the ranch of the Seller, at Purchaser’s expense, if in
good physical condition, and the return is in compliance with
the health requirements of the Seller’s state. The Seller shall
be entitled to a six (6) month trial period following the return
of the animal in which to prove that the animal is a breeder.
If at the end of six (6) months the Seller is unable to prove
the animal is a breeder, the seller shall, at the option of the
Purchaser, replace the animal with another of similar value or
grant the Purchaser a credit on any products marketed by Seller.
Either of these options shall be deemed full satisfaction and
settlement. 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. 4) If
a registered female sold as “safe-in-calf” proves not to be in
calf (by the projected due date listed in the catalog or sale day
supplement), 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 credit or refund the Purchaser $400.
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 reimburse the Purchaser up to
$600 (adjustments shall not be considered to be a breeding fee
or an allocation of the purchase price to any unborn calf). Any
expenses incurred for transportation shall be the responsibility
of the Purchaser. 5) 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 credit of the full purchase price
or for another animal of similar value, whichever is acceptable
to the Purchaser. It shall be the obligation of the Seller to bear
any expense incurred for transportation.
GENETIC CONDITION, DEFECT & PARENTAGE
GUARANTEE
1) Technology is helping identify numerous
genetic conditions that have been in the general cattle population
for many years. Those known today include: Arthrogryposis
Multiplex (AM), Double Muscling (DM), Dwarfism (DW),
Hypotrichosis (HY), Alpha-Mannosidosis (MA), Neuropathic
Hydrocephalus (NH), Osteopetrosis (OS), Protoporphyria
(PR), Pulmonary Hypoplasia with Anasarca (PH), Syndactyly
(SN) (Mule Foot), Tibial Hemimelia (TH), Neuropathic
Hydrocephalus (NH), Contractural Arachnodactyly (CA)
(Fawn Calf Syndrome), Parrot Mouth and Developmental
Duplications Mutation (DD). Most of these are believed to
be simple recessive in inheritance. These condition can be
effectively managed by strategic DNA testing and avoidance of
breeding carrier females to carrier bulls. All potential carriers
of any of these defects will be tested with the results printed
in this catalog or in the Sale Day Supplement. Animals tested
as a carrier of one of these genes are noted with a (C) after the
abbreviation. In the case that an animal is homozygous for that
gene, then they will be listed with an (A) after the abbreviation.
The parentage of the animals bred by the Seller is
guaranteed to the extent that the animal is by the Sire and out
of the Dam indicated on its registration paper. These guarantees
are effective for a period of two years from the date of sale
only under the following conditions. a) The Purchaser 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, or if parentage is suspected
or found to be in error. b) The Seller, at his expense, shall be
permitted and provided, with reasonable opportunity, to obtain
DNA samples of an alleged defective calf and its sire and dam
for the purpose of DNA analysis to establish parenthood. In
the case of suspect parentage, the Purchaser at his expense,
shall be permitted and provided with reasonable opportunity
to obtain DNA samples of the animal in question and its
sire and dam for the purpose of blood type/DNA analysis to
establish parenthood. If sire or dam is indicated on the animals
registration paper is proven to be in error by such analysis, the
Seller shall reimburse Purchaser for cost of such analysis. c)
The animals will be returned by the Purchaser to the Seller at
the Purchaser’s expense; provided the animal meets the health
requirements for the Seller’s state. d) The replacement of
an animal with another of similar value or the refund of the
purchase price, in connection with a defect producing animal
or an animal whose parentage is in error, shall be deemed full
satisfaction and settlement.
2. In the event there is a dispute as to whether or not a calf is
defective, or parentage is in error, “determination “referred to
in Paragraph 1A above shall be made by a person or persons
acceptable to both the Purchaser and Seller. In the event
that the Purchaser 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 Purchaser and Seller shall make the
determination.
RIGHTS AND OBLIGATIONS
The terms and conditions
of sale shall constitute a contract between the Purchasers
and Sellers of each animal and shall be equally binding upon
both. Any subsequent sale or resale of an animal constitutes a
separate transaction.
GUARANTEES
Saleterms.Conditions.guarantees.
