Page 9 - DVAuction Online Catalogs

Sale Issue 2013 7
Terms:
Cash or check sale day. All purchases are
to be settled with the clerks immediately
following the sale and before the sheep
are removed from the premises unless
arrangements and approval have been made
with the Sale Manager prior to the sale.
The auctioneer’s decision is final on any
disputed bids. All animals are at purchaser’s
risk as soon as sold. Sheep purchased on
order must be paid within five (5) days of
the sale. A 10% handling fee will be added
to all mail bids not paid within five days of
the sale. A 20% surcharge will be assessed
to any insufficient funds check issued.
Buyer shall be responsible for any and all
costs of collection, including attorney’s
fees. Institutions may pay by requisition.
Foreign buyers must pay in U.S. funds.
Registration papers will not be transferred
to the new owner until the buyer’s check
clears. If buyer requires registration papers
immediately, the buyer will need to pay
by cash, money order, cashiers check or
traveler’s check.
Sale Guarantee:
Except for those stated in the below
guarantee, there are no warranties, either
expressed or implied, as to the merchant-
ability of fitness for a particular purpose
with respect to the sheep being sold in this
sale.
The warranties and guarantees set forth in
the below guarantee 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 claiming through the buyer, for
any breach of warranty or guarantee therein
provide, and all obligation or liabilities.
1. Every ram and ewe sold will be
guaranteed as a breeder if properly handled.
It shall be the responsibility of the buyer
to return the non-breeder to the seller in
acceptable breeding condition. The seller,
after a fair trial, and the animal is found to
be a non-breeder, shall have the privilege of
replacing the ram or ewe with one of equal
value to the satisfaction of the buyer and
seller, or refunding the purchase price. This
guarantee shall not apply the first year to
any sheep that are shown subsequent to the
date of the sale. All ewe lambs are exempt
from the breeding guarantee the first year.
2. Notification of non-breeder rams must
be made to the seller prior to October 1st
following the sale; notification of non-
brecder ewes must be made to the seller
prior to April 1st the following year.
3. Any lamb that drops their lamb teeth
prior to 11 months of age as determined by
their registration paper shall be replaced
with a lamb of equal value to the satisfaction
of the buyer and seller, or buyer refunded
the purchase price.
4. This guarantee shall constitute a
contract between the buyer and the seller
only, and no other parties -assume any
liability, legal or otherwise, expressed or
implied.
5. Neither the Sale Managers nor
sponsoring organizations can or will assume
any responsibility as to the authenticity of
the pedigrees, bloodlines, or information
provided in the sale catalog, pen cards or
otherwise, and the subsequent genetic
performance of any sheep purchased. All
such information must be accepted at face
value. Any statements or information given
sale day supersedes cataloged information.
Any special guarantees or claims offered
by individual consignors is strictly belween
the consignor and the buyer, and will not
be enforced by the Sale Managers or the
sponsoring organization.