Page 13 - DVAuction Online Catalogs

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TERMS AND CONDITIONS OF SALE
ADOPTED BY BEEFMASTER BREEDERS UNITED
FOR BBU APPROVED SALES
Effective September 10, 2010
THE FOLLOWING TERMS ARE APPLICABLE TO ALL TRANSACTIONS IN BBU APPROVED SALES:
1. BIDDING: Each animal will be sold to the highest bidder without reserve.
2. BIDDING DISPUTE: The Auctioneer in charge will settle any dispute as to bids, and his decision on such matters shall be final.
3. TERMS: Terms of the sale are cash due upon sale, unless prior credit arrangements for the sale have been agreed upon in writing between the Buyer and Seller, in which event, the terms of the
written credit arrangement between the Buyer and Seller for the sale shall prevail. The failure of a member buyer to pay the appropriate party the sale amounts when due may constitute a cause for
exclusion from BBU pursuant to Article I, section 9 of the By Laws of BBU.
4. PURCHASER’S RISK: Each animal becomes the risk of the purchaser as soon as the auctioneer declares it sold.
5. CERTIFICATE OF BREEDING AND/OR TRANSFERS: All required paperwork will be transferred to the buyer at the seller’s expense, upon settlement.
6. HEALTH: All animals will have appropriate certificates of veterinary inspection for travel to the sale site and will to the best of the seller’s knowledge be eligible for interstate shipment, however,
buyers need to be aware of their individual resident state’s requirements for shipment of cattle. Any and all testing will have been completed within thirty (30) days of the sale date.
7. ANNOUNCEMENTS: Any changes in information of any kind will be announced from the auction box and such announcements shall take precedence.
8. BREEDING GUARANTEES: a) FEMALES: OPEN AND/OR EXPOSED FEMALES: Females younger than twenty-four (24) months of age can be sold as open. Open females are so guaranteed. Any female
is considered a breeder if she is certified to be pregnant by a licensed veterinarian at the time of sale and/or has a nursing calf at side. Cows (including donor cows) with calves at side six (6) months
or older must be certified to be pregnant by a licensed veterinarian. b) SAFE IN CALF FEMALES have been examined by a competent veterinarian and are so guaranteed. c) BULLS: Bulls eighteen (18)
months or older are guaranteed to have passed a Bull Breeding Soundness Evaluation (BSE) and to have been certified a satisfactory potential breeder by a licensed veterinarian within forty-five
(45) days prior to sale date. The results of the Breeding Soundness Evaluation (BSE) must be reported on a fully completed official form and attached to the health papers required for the sale.
9. DISCLOSURE OF PRIOR PROCEDURES: If known to the seller, there must be a disclosure in the current sale catalog or from the box of any circumcision or other surgical alteration of any underline of
any male or female and of any single egg or super-ovulation flush of any female sold in a BBU Approved Sale.
10. INHERITED DEFORMITIES GUARANTEE: All bred females are guaranteed not to produce a calf with an inherited deformity occurring in Bovine for a period of nine months following date of sale.
11. REPRESENTATIONS AND GUARANTEES: All representations and guarantees, whether set forth in sale catalogs, these Terms and Conditions of Sale or otherwise, are solely those of seller and
are not those of BBU. Except for the assurances set forth in the Approved Sales Agreement that an animal does not exhibit a genetic defect and that its registry information is consistent with the
information in BBU’s records, BBU makes no representations, warranties, guaranties or assurances whatsoever.
12. RIGHTS AND OBLIGATIONS: The above terms and conditions of sale shall constitute a contract between buyer and seller of each animal and shall be equally binding upon both. Each sale or resale
of an animal constitutes a separate transaction. Neither BBU, the sale manager, nor any other person connected with the management of the sales assumes any liability, legal or otherwise, for any
subsequent resale of an animal.
13. REMEDIES: a) OPEN AND/OR EXPOSED FEMALES are guaranteed to be breeders by twenty-four (24) months of age except in cases of animals purchased and then fitted for show or administered
any super ovulation drug. In cases of animals fitted for show or administered any super ovulation drug after purchase, the breeding guarantees, if any, shall be such as agreed upon between buyer
and seller. All claims for a refund must be made in writing to the seller within six (6) months after the animal reaches twenty-four (24) months of age. Open females are so guaranteed. If within
sixty (60) days after the sale date, a female sold as“open”proves to be with calf, the buyer may return the to the farm of the seller, provided the female is in good condition and in compliance with
the health requirements of the seller’s state, and receive refund of the full purchase price. The acceptance of the refund of the full purchase price shall in any case be deemed full satisfaction and
settlement of the matter. The buyer’s failure to notify the seller within sixty (60) days from the date of sale and to make the election as hereinabove provided shall relieve and absolve the seller of
any duty, obligation or liability to the buyer regarding the purchase of said female. The seller and buyer shall bear equally all reasonable and necessary transportation expenses that are incurred
in returning the animal to seller. b) SAFE IN CALF FEMALES are guaranteed to have been examined by a licensed veterinarian. If within thirty (30) days after sale date, a female sold as“safe in calf”
proves not to be in calf, the buyer may immediately request that the female receive service from the bull previously used, if available, or return the female to the farm of the seller, provided the
female is in good condition and in compliance with the health requirements of the seller’s state, for a refund of the full purchase price. The acceptance of the refund of the full purchase price shall in
any case be deemed full satisfaction and settlement of the matter. The buyer’s failure to notify the seller within thirty (30) days from the sale date and to make the election as hereinabove provided
shall relieve and absolve to the seller of any duty, obligation or liability to the buyer regarding the purchase of said female. The seller and buyer shall bear equally all reasonable and necessary trans-
portation expenses that are incurred in returning the animal to seller. c) FLUSHES AND TIME REQUIREMENTS: A flush consists of all viable embryos, transferred or frozen, received from a female as the
result of the administration of any super ovulation drug. The sale of a flush or resulting pregnancies must specify in the sale catalog the number of pregnancies guaranteed and the disposition of any
other pregnancies resulting from the flush, the disposition of any frozen embryos resulting from the flush and any additional charge for the recipient cows. The maximum time for the delivery of the
guaranteed results must be specified along with a payment schedule. Non-delivery or only partial delivery by the specified time by the seller will result in a pro-rata refund of all monies paid by the
buyer for such flush or pregnancies not delivered. d) PREGNANCY AND/OR PREGNANT RECIPIENT COW: Pregnancy and/or pregnant recipient cow is a cow of any breed that is carrying a pregnancy
(guaranteed to have been examined by a licensed veterinarian as safe in calf) as the result of a flush as so stated on the certification of embryo transplant form. Such pregnancy and/or pregnant
recipient cow is guaranteed to be carrying the embryo pregnancy
so stated and if found not safe in calf by a licensed veterinarian within thirty (30) days of delivery of the recipient cow to the buyer, the buyer will have the same remedies as set forth in clause b) for
the safe in calf females. The amount bid by the buyer for the individual pregnancy and/or pregnant recipient cow offered at a sale will be inclusive of the recipient cow. A pregnancy and/or pregnant
recipient cow should be available at the sale site; however, if not available it must be delivered to the buyer, at the seller’s expense, within thirty (30) days of the sale with the necessary health
papers sufficient for delivery to the buyer. e) CLONES: Only BBU replication cell-cloned animals shall be eligible for registration and eligible to sell in BBU Voluntary Approved Sales. Genetically modi-
fied animals shall not be eligible for registration and cannot sell in BBU Approved Sales. Cloned animals shall be guaranteed by the seller to be breeders under the same terms of the agreement for
females and bulls. Any additional guarantees with respect to clones shall be by separate agreement between buyer and seller. f) BULLS: If within one-hundred twenty (120) days from the date of
sale, the bull has failed to pass a Breeding Soundness Evaluation (“BSE”) certified by a licensed veterinarian, buyer must send seller written notification of the failure of the test within one-hundred
and twenty (120) days from the date of sale and include the BSE test results. Within sixty (60) days after sellers notification of the failed BSE test, buyer and seller shall identify a mutually agreeable
licensed veterinarian or technician certified by a licensed veterinarian to perform another BSE on the bull at the buyer’s expense. The results of the test shall be deemed final and conclusive of this
matter and binding on buyer and seller. If, in the opinion of said veterinarian or technician, the bull is unable to pass a BSE and be confirmed a satisfactory potential breeder, he shall so certify in
writing to the seller and the buyer which shall include the official form used by the Society of Theriogenology or the official BBU Breeding Soundness Evaluation form. In such event the buyer may
return the bull to the farm of seller, provided the bull is in good condition and in compliance with the health requirements of the seller’s state, for a refund of the full purchase price. The acceptance
of the refund of the full purchase price shall in any case be deemed full satisfaction and settlement of the matter. The seller and buyer shall bear equally all reasonable and necessary transportation
expenses that are incurred in returning the animal to seller. A listing of industry standards for Scrotal Circumferences for bulls at various ages will be printed in the sale catalog. Satellites, Marketing
Groups, or individuals may specify additional guarantees.
9/10/2010