6
Premium Sourced Cattle Annual Bull Sale
Sex
1. Unless otherwise represented by the seller, there are no guarantees that offspring will be of a particular sex.
Breeding Guarantees
1. The seller 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
the seller and the buyer); (c) animals who suffer injury or disease following the sale; and (d) animals subjected to gross negligence by or
willful misconduct on the part of the buyer.
2. The seller guarantees that all bulls are breeders for a period of 90 days following the initial turn out with buyer’s herd, 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 service and passes a fertility test performed by a competent veterinarian or reproductive technician mutually
agreed upon by the buyer and the seller will be considered a breeder. Unless otherwise agreed by the buyer and the seller, the seller makes no
guarantees with respect to the ability to freeze semen.
3. Cows with calves at their side are presumed to be breeders with no further fertility guarantee.
4. “Safe-in-calf ” females are guaranteed by the seller to have been examined by a competent veterinarian or reproductive technician and
determined to be safe-in-calf by examination or other proven method (e.g., ultrasound, pregnancy blood tests, and rectal palpation).
5. “Served” females are not guaranteed to be in calf.
6. “Pasture-bred” females have been exposed but are not guaranteed to be in calf.
7. “Open” females are guaranteed by the seller to be without calf.
8. Donor females:
a. Unless otherwise agreed by the buyer and the seller, 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 the seller, 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.
9. The seller 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).
1. If seller retains any genetic materials of an animal being sold that can be used for cloning, the seller must disclose such fact to any potential
buyers prior to the sale.
GENETIC DEFECTS AND FACTORS: REQUIRED DISCLOSURES RELATING TO CERTAIN TEST RESULTS OR POTENTIAL
CARRIER STATUS OF AN ANIMAL.
1. In advance of any sales of an animal, the seller shall have the affirmative duty to notify any potential buyer of (1) any test results in which
an animal for sale has tested positive (under a test and at a laboratory approved by the American Angus Association) as a carrier of any
genetic defect or genetic factor recognized by the American Angus Association, and (2) whether the animal has a potential carrier notation
on its pedigree for any defect or factor that is recognized by the American Angus Association.
Optional Guarantee: Genetic Defects
1. The buyer and seller may determine the scope and duration of a guarantee, if any, on an individual basis. The seller 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 policies of the Association
relating to genetic defects generally or individually.
MISCELLANEOUS
1. The above terms and conditions of sale constitute a contract between the buyer and the seller of each animal and are equally binding upon
both parties. Each sale or resale of an animal constitutes a separate transaction.
2. Neither the American Angus Association nor any director, officer, employee or representative of the Association or any of its related
entities assumes any liability, legal or otherwise, in connection with any sale or transaction conducted under the terms of the Suggested Sales
Terms and Conditions. Nor shall the American Angus Association, its directors, officers, employees or representatives assume any liability or
be responsible in any way for enforcing the terms and conditions of any agreement between buyer and seller.
3. Neither the sponsor or sponsors, the sale manager, nor any other person connected with the management of the sale, assumes any liability,
legal or otherwise.
4. 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 in which the sale of the animal or animals occurs, without giving effect to such
state’s choice of law rules.
UNLESS OTHERWISE EXPRESSLY STATED IN THESE SALE TERMS AND CONDITIONS OR ANY OTHER WRITTEN AGREEMENT
BETWEEN THE PARTIES RELATING TO THE SALE OF ANGUS CATTLE UNDER THESE SALE TERMS AND CONDITIONS, SELLER
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 THE SELLER BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL,
CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES UNDER ANY INDEMNITY PROVISION OR OTHERWISE.
Sale Terms & Conditions
1,2,3,4,5 7,8,9,10,11,12,13,14,15,16,...40