68
Except for those stated in the below terms and conditions,
there are no warranties, either expressed or implied, as to
the merchantability or fitness for a particular purpose with
respect to the cattle being sold at this auction. The war-
ranties and guarantees set forth in the “Terms and
Conditions” 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 through buyer, for any breach of warranty or guaran-
tee therein provided, and all other obligations or liabilities.
1. BIDDING:
Each animal will be sold to the highest bid-
der without reserve. The auctioneer in charge will settle
any disputes as to bids, and his decision shall be final.
2. TERMS:
All terms are cash or check. Settlement must
be made to the clerk at the conclusion of the auction.
3. PURCHASER’S RISK:
Each animal becomes the risk of
the purchaser as soon as sold, but will not be delivered
until settlement has been made.
4. CERTIFICATE OF REGISTRY:
When full settlement has
been made, a certificate of registration will be furnished
and transferred to the purchaser on those lots that are
registered. Give full name and address to the secretary
when making payment so the Certificate of Registry will
be transferred properly.
5. HEALTH:
All animals where possession is sold are eli-
gible for interstate shipment except as otherwise noted.
The cattle have been tested for Tuberculosis and Bangs
disease within thirty (30) days of the sale date or come
from a Brucellosis Certified Free Herd. A health certifi-
cate will be furnished.
6.ANNOUNCEMENTS:
Announcements from the auc-
tion box will take precedence over the printed matter in
this catalog. All cattle will be sold by lot numbers as
announced by the auctioneer.
7. BREEDING GUARANTEE:
(A) All animals are guaran-
teed to be breeders with the exception of (1) injury or
disease occurring after sale; (2) negligence or willful mis-
conduct on the part of the purchaser. (B) Any female is
considered a breeder if she is pregnant at the time of
sale and/or she has a calf at side. (C) Any bull which
either (1) produces viable semen; (2) settles 1/3 or more
of the healthy cows he serves; (3) is the sire of 20 or more
animals or; (4) settles cows by natural service and passes
a fertility test made by a competent veterinarian during
any six month period trial, shall be considered a breeder.
8.MAIL BIDS:
Phone,mail or wire bids,may be furnished
in confidential form.
9. OPTIONS AND PRIVILEGES OF RETURN OR
ADJUSTMENT:
A. All claims for adjustment or refund
must be made in writing within six (6) months of the sale
date. B. Any animal that has not proven itself a breeder
within the time limits specified above, if in healthy con-
dition, may be returned to seller at buyer’s expense. The
seller reserves the right and privilege of trying for a peri-
od of six (6) months to prove the animal a breeder. If
proven a breeder, the animal will be returned at buyer’s
expense. Should the animal fail to breed, the buyer, at his
option, may either demand return of the purchase price
or replacement of the animal with another of equal
value. C. Any animal returned must have a veterinarian’s
certificate that it is healthy and free of Bangs and
Tuberculosis.
10. RIGHTS AND OBLIGATIONS:
1.The above terms and
conditions of sale shall constitute a contract between
the buyer and seller of each animal and shall be equally
binding upon both. 2. All persons who attend the sale do
so at their own risk and the owners nor any person con-
nected with the management of the sale assume any
liability, legal or otherwise, for any accidents which may
occur.
Terms and Conditions
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