Page 34 - DVAuction Online Catalogs

TERMS: Terms of sale are cash unless satisfactory credit arrangements
have been made with the seller previous to the sale of any animal so af-
fected.
BIDDING: All animals sell to the highest bidder. Any disputes or challeng-
es regarding bids shall be settled by the auctioneer and his decision shall
be final. Mailed or telephoned bids may be forwarded to the auctioneer
and will be handled with strictest confidence. Prior arrangements for tele-
phone bids at sale time must be made with the auctioneer.
There are no warranties, expressed or implied, by either the auctioneer or
seller, expect as set forth herin, as to the merchantability or fitness for any
particular purpose of any animal offered in this sale. The right to bid or the
right to reject the final bid, if done before hammer falls, is reserved for the
seller.
ACCURACY OF PEDIGREE: The pedigree shown for each animal
cataloged, offered and sold as a registered animal has been obtained
from either the owner, breeder or the records at the American Gelbvieh
Association.
Neither the auctioneer nor the seller warrants the accuracy of the informa-
tion shown on the pedigree and shall not be responsible to the purchaser
or his assigns for any damages in the event the information shown on the
pedigree is later determined to be incorrect for any reason, including but
not limited to, errors discovered through blood-type disease.
INSURANCE OF PURCHASES AND RISK: All animals are at the
owner’s risk and become the property of the purchaser when declared
sold by the auctioneer. Arrangements have been made to have insurance
available when making settlement.
ACCIDENTS: All precautions possible will be taken to protect the safety
of buyers and others attending the sale. Nevertheless, no responsibility
will be assumed by the auctioneer or the host farm in the event of ac-
cidents or loss or damage of property.
HEALTH TESTS: All animals have been tested and found negative for
brucellosis and tuberculosis. The sale veterinarian will assit buyers on
health status for specific states and testing for anaplasmosis and blue
tongue if this is required for export to Canada.
BREEDING GUARANTEES AND DEFINITIONS
FEMALES: Females are guaranteed to be breeders with the exception of
female calves sold at side of dam, injury or disease occuring to the animal
after time of sale, gross negligence or willful misconduct on the part of the
purchases, females used in ovum transplant after time of sale, females
shown competitively after time of sale and cows sold with calf at side.
Cow represented as being “safe-in-calf”will have been examined and
declared safe by a licensed veterinarian within two weeks of sale and will
be accompanied by a veterinarian certificate to this effect. They are con-
sidered breeders without further guarantee. Females with a “due to calve”
date in the remarks column are considered safe-in-calf. A bred female
is a female known to have served by a bull either by natural breeding or
artificial insemination, but it does not necessarily mean that this female
is safe in calf to that bull. An open heifer is a virgin heifer that has never
been exposed to a bull either through natural service or artificial insemi-
nation. An open cow is a cow that has not been exposed to a bull either
through natural service or artificial insemination since the birth of her last
calf. Calves sold off their dams (split pairs) shall carry the full breeding
guarantee.
MALES: Bulls are guaranteed to be breeders (defined as the ability to
settle healthy cows by the time they are 18 months of age) with the ex-
ception of bull calves sold at the side of dam, injury or disease occuring to
the animal after time of sale and gross negligence or willful misconduct on
the part of purchaser. Any guarantees with respect to the ability to freeze
semen shall be made by seperate agreement between buyer and seller.
ADJUSTMENTS: The following adjustments do not preclude the right of
the buyer 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 the sale or no longer than six (6)
34
months after the animal reaches eighteen (18) months of age, whichever
occurs first, with the exception of claims involving misrepresentation or
service sire or as otherwise provided herin. If a female is sold as “safe-in-
calf” to a given sire or sires on a specified date or dates and proves not to
be as represented, the buyer is entitled to a refund of the purchase price
from the seller up return of the animal to the farm of the seller at the sell-
er’s expense. In the event an animal is claimed to be a non breeder, the
animal may be returned to the farm of the seller, at the buyer’s expense, if
in good physical condition and the return is in compliance with the health
requirements of the state where purchased. The seller shall be entitled
to a six (6) month trial period in whic to prove the animal is a breeder, fol-
lowing the return of the animal. If, at the end of six (6) months, the seller
is unable to prove the animal a breeder, the seller shall, at his option,
replace the animal with another of equal value or refund the purchase
price. Either option shall be at the purchaser’s risk. No guarantee is given
concerning a pregnant females gestation period of foreign bodies after the
animal has been sold, nor for sickness not apparent at sale time.
If a female is sold as “open” and proves to be with calf at time of sale, and
examined pregnant with sixty (60) days after sale, the buyer may return
the animal to the farm of the seller prior to calving, for a full refund of the
full purchase price for another mutually acceptable adjustment. It shall be
the obligation of the seller to bear any expense incurred for transporation
of the animal in question to the farm of the seller.
Any adjustment provided herin, if selected, shall absolve the seller from
further liability.
HORNED - POLLED - SCURRED - DEFINITIONS AND GUARANTEES
HORNED: An animal with a horn growth affixed to the skull that has or has
not been removed.
POLLED/SCURRED: An animal with rudimentary horn growth that will not
develop into a horn. The rudimentary horn growth may or may not become
affixed to the skull at an older age.
POLLED: An animal with absence of horn growth (An animal can have
scurs and develop scurs polled).
SMOOTH -POLLED: A smooth-polled individual has no scurs and does
not develop scurs later in life.
AGA REGISTRATION AND TRANSFERS: Each animal with is cataloged,
offered and sold as a registered animal has a certificate of registry avail-
able at time of sale. When animal is sold as “eligible for registry” or “regis-
try applied for,” the seller shall be responsible for obtaining the certificate
of registry and for the proper transfer of the certificate to the purchaser
including full payment of transfer fees.
PURCHASER’S RISK: Each animal becomes the property of, and thereof
is also the risk of, the purchaser as soon as it is sold, except it shall be the
obligation of the seller to see that the animals are fed and cared for free
of charge to the buyer until loaded for shipment or until expiration of forty-
eight (48) hours after the sale, whichever occurs first.
ANNOUNCEMENTS: Any errors or changes in information contained in
the catalog will be announced from the auction block, such announce-
ments shall take precedence over information contained herin. The sale
will be tape recorded for future reference.
RIGHTS AND OBLIGATIONS: The above terms and conditions of sale
constitute a contract between the buyer and seller of each animal and
shall be equally binding transaction and the rights and obligations of the
parties connected there to are not covered by the above terms and condi-
tions of this sale. Neither the host farm, auctioneers nor any other person
connected with the management or conduct of the sales assumes any
liability, legal or otherwise, except as set forth above.
These terms and conditions of sale recommended by the American Gelb-
vieh Association (AGA) as a guide for the use by its members and auction
sales of breeding animals. These terms and conditions of sale shall
constitute a contract between the buyer and seller of each animal and be
equally binding on both. The AGA assumes no liability, legal or otherwise,
for the enforcement of these terms and conditions of sale or for the failure
of either buyer or seller or their agents to perform their duties and obliga-
tions thereunder.