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Terms & Conditions
Except for those stated in the below terms and conditions, there are
no warranties, either expressed or implied, as to the 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 through buyer, for any
breach of warranty or guarantee therein provided, and all other oblig-
ations or liabilities.
BIDDING:
Each animal will be sold to the highest bidder without reserve. The
auctioneer in charge will settle any disputes as to bids and his decision
will be final.
TERMS:
Terms of the sale are cash unless satisfactory credit arrangements
have been made with vendor previous to the sale.
PURCHASER’S RISK:
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 for a specified length of time.
CERTIFICATE OF REGISTRY:
A transferred certificate of registry will be furnished to the purchaser
for each animal at no cost to the buyer within sixty (60) days after set-
tlement. Give full name and address to secretary when making pay-
ments so the Certificate of Registry will be transferred properly.
HEALTH:
All animals are eligible for interstate shipping except for those other-
wise noted. Interstate health papers will be furnished for each animal
requiring T.B. and Bangs tests in accordance with Federal Regulations.
A verification of vaccination will be furnished for each animal under 2
years of age that has been vaccinated for Bangs disease.
AI SERVICE CERTIFICATES:
AI Service Certificates shall be furnished by the seller, at no cost to
the buyer, for all females bred artificially to bulls not owned by the
seller.
ANNOUNCEMENTS:
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 pur-
chaser after sale (in cases of animals shown such as agreed upon
between the seller and the buyer), or (c) in the event of (1) injury or
disease occurring after sale or (2) gross negligence or willful miscon-
duct on the part of purchaser.
2. SAFE IN CALF FEMALES have been examined by a competent
technician and are so guaranteed.
3. SERVED FEMALES are believed to be in calf but are not so guar-
anteed.
4. PASTURE BRED FEMALES have been exposed but are not guaran-
teed to be in calf.
5. OPEN FEMALES have not been served and are so guaranteed.
OPTIONS AND PRIVILEGES OF RETURN OR ADJUSTMENT:
1. All claims for adjustment or return must be made in writing within
six months of the sale date or no later than six months of age.
2. If a female sold as “safe in calf” proves not to be in calf, the pur-
chaser may receive the services from the bull previously used, if avail-
able; or if the bull is not available, the seller shall be obligated to make
satisfactory adjustment on the purchase price to the buyer, or at the
buyer’s option, refund the purchase price upon the return of the ani-
mal to the seller in healthy condition.
3. Any animal that has not proven itself a breeder within the time lim-
its specified above, if in healthy condition, may be returned to seller
at buyer’s expense. The seller reserves the right and privilege of trying
for a period of six months to prove the animal a breeder. If proven a
breeder, the animal will be returned at buyer’s expense. Should the
animal fail to breed, the buyer at his option, may either demand
return of the purchase price or replacement of the animal or pair with
another of equal value. In case a pair is returned because the cow is
determined a nonbreeder, calf must also be returned.
RIGHTS AND OBLIGATIONS:
(A) The above terms and conditions of sale constitute a contract
between the buyers and sellers of each animal and shall be equally
binding upon both.
(B) Animals resold following purchase in this sale constitute a sepa-
rate transaction, and the rights and obligations of the two parties con-
nected thereto are not covered by the terms and conditions of this
sale.
(C) All persons who attend the sale do so at their own risk and the
owners or any person connected with the management of the sale or
sale facility assume no liability, legal or otherwise, for any accidents
which may occur.
