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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
Printed information on the sale day supplement takes precedence
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 November
15th 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 November 15th, 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.
