Page 6 - DVAuction Online Catalogs

SALE TERMS & CONDITIONS
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UNLESS OTHERWISE EXPRESSLY STATED IN THESE SALE TERMS AND CONDITIONS OR ANY OTHER WRITTEN AGREE-
MENT BETWEEN THE PARTIES RELATING TO THE SALE OF CATTLE UNDER THESE SALE TERMS AND CONDITIONS,
OKLAHOMA STATE UNIVERSITY (OSU) MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EVEN IF SUCH PURPOSE IS
KNOWN TO THE PARTIES.
THE REMEDIES PROVIDED IN THESE SALE TERMS AND CONDITIONS ARE THE EXCLUSIVE REMEDIES OF THE BUYER,
OR ANY PARTY CLAIMING THROUGH THE BUYER, AND UNDER NO CIRCUMSTANCES WILL OSU BE LIABLE FOR ANY
INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES UNDER ANY INDEMNITY
PROVISION OR OTHERWISE.
TERMS OF SALE
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 will be final.
Announcements: If there is any inconsistency in the terms of this sale book, the supplement sheet or day-of-sale
announcement, (i) the day-of-sale announcement will control over both the supplement sheet and the sale book,
and (ii) the supplement sheet will control over the sale book.
Cash Sale: All sales are for cash unless satisfactory credit arrangements, including any possible reservation of se-
curity interest by the vendor, have been made with the vendor prior to sale.
OSU Bursar’s Office Policy and Procedures: There will be a finance charge computed at a periodic monthly
rate of 1.5% per month, or an APR of 19.56%, on any unpaid balance. All accounts with an unpaid balance will be
assessed a minimum finance charge of $.50 per month. Bursar accounts are assessed a finance charge after 30 days
past the due date on any remaining unpaid balance that has been billed.
Buyer’s risk: The risk of loss and injury of each animal passes to the buyer as soon as it is sold, but it is the obli-
gation of OSU to ensure that animals are fed and cared for free of charge to the buyer until loaded for shipment or
until the expiration of 48 hours after the sale, whichever occurs sooner.
Identification:
1. OSU must ensure that each animal has a readable permanent identification mark (e.g., tattoo, hot-iron brand or
freeze brand) corresponding to its registration.
2. The buyer must check all permanent identification marks for accuracy.
3. In those cases where a nickname is used by OSU, the nickname must also be accompanied by the official registered
name and number of the animal.
Certificate of registration: A transferred certificate of registration must be furnished by OSU free of charge to the
buyer for each animal within 45 days following the later of the date of sale and receipt of full payment.
Artificial insemination (AI) service certificates: Upon the buyer’s request, AI Service Certificates must be fur-
nished by OSU free of charge to the buyer for all females bred artificially to bulls not owned by OSU.
GUARANTEES
Health: Unless otherwise announced, OSU guarantees that all animals are eligible for interstate shipment as re-
quired by federal regulations.
Conformance with registration:
1. OSU guarantees that unless noted otherwise, all animals are registered under the rules of their respective breed
association.
2. OSU guarantees to the buyer that all animals conform to the registration certificate as entered in the Herd Book
of either the American Angus Association, American Hereford Association or American Simmental Association.
Pedigree:
1. OSU guarantees to the buyer that the pedigree, performance data and individual genetic defect designation of the
animal, as represented in any sales materials (including any sale book, supplement sheet or day-of-sale announce-
ment), is accurate.
2. The absence of any such designation on the pedigree of an animal, in a sale book, does not establish that the an-
imal in question is not a carrier of any such genetic defect or genetic factor.
3. In those cases where a commonly understood nickname is used by OSU, OSU guarantees the pedigree of the an-
imal based on the commonly understood nickname.
Sex: Unless otherwise represented by OSU, there are no guarantees that offspring will be of a particular sex.
Breeding guarantees:
1. OSU guarantees that all bulls are breeders, but only if such bulls are at least 12 months old at the time of sale and
have not been allowed to run with the herd until at least 14 months of age. A bull that settles a cow by natural serv-
ice and passes a fertility test made by competent veterinarians mutually agreed upon by the buyer and OSU, during
any six-month period of trial (provided for in paragraph 2 of the section entitled “Options and privileges of return
or adjustment”) will be considered a breeder. Unless otherwise agreed by the buyer and OSU, OSU makes no guar-
antees with respect to the ability to freeze semen.
2. OSU guarantees that all animals are breeders, with the exception of: (a) calves under 12 months of age at the time
of the sale; (b) animals shown after the sale has occurred (in such cases, the breeding guarantees, if any, will be those
guarantees as are agreed upon between OSU and the buyer); (c) injury or disease occurring after the sale; and (d)
gross negligence or willful misconduct on the part of the buyer.
3. “Safe-in-calf” females are guaranteed by OSU to have been examined by a competent veterinarian and determined
to be in calf.
4. “Served” females are not guaranteed to be in calf.
5. “Pasture bred” females have been exposed but are not guaranteed to be in calf.
6. “Open” females have not been served and are guaranteed by OSU to be without calf.
7. Donor females:
a. Unless otherwise agreed by the buyer and OSU, a female that has been used in an embryo transfer program is not
guaranteed to be a breeder after the date of the sale.
b. Unless otherwise agreed by the buyer and OSU, a female is not guaranteed to be a breeder after the date of the
sale, when that female is to be used, or attempted to be used, in an embryo transfer program.
8. OSU makes the following guarantees with respect to all “pregnant recipients”: (i) that the female is pregnant, (ii)
that the resulting calf is of the pedigree represented, and (iii) that the resulting calf is of the sex represented (if so
represented).
Semen: Unless otherwise agreed by the buyer and OSU, with respect to the sale of semen OSU makes no guaran-
tees with respect to the performance or characteristics of such semen and the buyer is purchasing such semen “as is.”
Embryos: Unless otherwise agreed by the buyer and OSU, with respect to the sale of embryos OSU makes no guar-
antees with respect to the performance or characteristics of such embryos and the buyer is purchasing such embryos
“as is.”
Options and privileges of return or adjustment:
1. Except as provided in paragraph 2 of this section, all claims for adjustment or refund must be made in writing on
or before the later of (i) six months after the sale date and (ii) the date on which the animal reaches 30 months of
age.
2. All claims relating to the misrepresentation of service sire and all claims relating to paragraphs 10 and 11 of this
section must be made in writing on or before the second anniversary of the date of sale.
3. If an animal is claimed to be a non-breeder, the animal may be returned to OSU if in good condition and complying
with the health requirements of Oklahoma. OSU is entitled to six months trial following the return of the animal in
which to prove that the animal is a breeder. If at the end of the six-month period OSU is unable to prove the animal
is a breeder, OSU must, at the option of the buyer, replace the animal with another of equal value or refund the pur-
chase price. The return of the full purchase price will be deemed full satisfaction and settlement. Any expense incurred
for transporting an animal claimed to be a non-breeder will be the responsibility of the buyer, except that OSU will
be responsible for transportation costs in excess of the distance between the buyer’s farm and the location where the
sale took place. If OSU proves the animal to be a breeder, it will be the obligation of the buyer to take delivery of
the animal and pay all transportation expenses.
4. If a female sold as “safe in calf” proves not to be in calf, the buyer may receive service from the bull previously
used, if available. If the bull is not available, OSU must make a satisfactory adjustment on the purchase price to the
buyer or, at the buyer’s option, refund the purchase price upon return of the animal to OSU. Any adjustment provided
for in this paragraph will absolve OSU from further liability, except in if such female proves to be a non-breeder. If
a female represented as “safe in calf” to a certain bull at the time of sale proves to have been bred to a different bull,
OSU must make a satisfactory adjustment on the purchase price to the buyer or, at the buyer’s option, refund the pur-
chase price upon return of the animal to OSU (adjustments will not be considered to be a breeding fee or an alloca-
tion of the purchase price to any unborn calf).
5. If a female sold as “open” proves to be with calf, the buyer may return the animal to OSU prior to calving for a
refund of the full purchase price or for another animal of equal value, whichever is acceptable to the buyer. OSU is
responsible for all transportation expenses.
6. Cows with calves at their side are presumed to be breeders with no further fertility guarantee.
7. White skin or hair on Angus cattle must not be painted or altered. If such painting or alteration has occurred, the
buyer may return the animal to OSU for a refund of the full purchase price or for another animal of equal value,
whichever is acceptable to the buyer.
8. If an animal (including the offspring of a pregnant recipient) is sold and at a later date proves not to have been
eligible for registration under the rules of its respective breed association, OSU must make a satisfactory adjustment
on the purchase price to the buyer, or at the option of the buyer, refund the purchase price upon the return of the an-
imal to OSU.
9. If (i) an animal is sold (including the offspring of a pregnant recipient) and through DNA-marker-typing is proven
to have incorrect parentage, as represented by the certificate of registration, and for which parentage can be deter-
mined, or (ii) the resulting calf of a pregnant recipient is not of the sex represented, OSU is obligated to make a sat-
isfactory adjustment on the purchase price to the buyer or, at the buyer’s option, refund the purchase price upon the
return of the animal to OSU.
10. Except as provided in paragraphs 4 and 6 of this section, all transportation expenses incurred will be the re-
sponsibility of the buyer.
Retention of genetic material: Unless otherwise agreed in writing by OSU and the buyer, OSU will not retain any
genetic material of any animal (including embryos and semen) for the purpose of cloning.
DISCLOSURE OF TEST RESULTS FOR KNOWN GENETIC DEFECTS AND FACTORS
OSU shall have an affirmative duty to notify the buyer of any test results for genetic defects or genetic factors not oth-
erwise reflected on an animal’s pedigree.
Optional Guarantee: Genetic Defects:
1. The buyer and seller may determine the scope and duration of a guarantee, if any, on an individual basis. OSU
may, but is not required to, provide a guarantee to the buyer relating to genetic defects.
2. Nothing contained herein should be construed to relieve the parties from complying fully with all the rules and poli-
cies of the respective breed association relating to genetic defects generally or individually.
MISCELLANEOUS
1. The above terms and conditions of sale constitute a contract between the buyer of each animal and OSU and are
equally binding upon both parties. Each sale or resale of an animal constitutes a separate transaction.
2. Neither Oklahoma State University, the sale coordinator nor any other person connected with the management of
the sale, assumes any liability, legal or otherwise.
3. These sale terms and conditions and all rights, obligations and duties arising hereunder and all disputes arising
hereunder will be construed in accordance with, and governed by, the laws of the State of Oklahoma, without giving
effect to such state’s choice of law rules.
For voluntary consideration and use by sellers in their independent business judgment.