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Bidding
Each animal will be sold to the highest bidder without reserve. The auctioneer will set-
tle any disputes as to bids, and his decision on such matters shall be final.
Terms
Each animal becomes the risk of the purchaser as soon as sold, but it shall be the oblig-
ation of the seller to see that animals are fed and cared for until loaded for shipment
or until the expiration of 48 hours after the sale, whichever occurs sooner. After 48
hours a maintenance fee of $3 per day will be assessed until pickup unless the female
owner or AMS arranges shipment.
Sight Unseen Purchases
Buyers may purchase females or bulls through the owners or American Marketing
Service personnel at auction without viewing the cattle. For sight unseen purchases, the
buyer has the right of inspection at the time of delivery. If the animal is deemed unsat-
isfactory, it may be reloaded on the delivery truck and returned to female or bull own-
ers ranch at no obligation to the buyer. All transportation expenses will be the respon-
sibility of the seller. If the animal is deemed unsatisfactory within one week of the pur-
chase, the buyer may at their expense, return the animal to the female owner's ranch
for a full refund of the purchase price.
Certificate of Registry
A transferred certificate of registry will be furnished to the purchaser for each registered
animal once proper settlement has been made.
Health
Health papers suitable for interstate shipment will be furnished on all animals.
Announcements
Any changes from the information of any kind in this catalog will be provided in a sale
day supplement sheet or announced from the auction block and such information shall
take precedence over cataloged information.
Breeding Guarantee
1. All animals are guaranteed to be breeders with the exception of: a) calves under 12
months of age; b) animals shown after the sale; c) injury or disease occurring after the
sale; d) gross negligence or willful misconduct on the part of the purchaser; e) death by
any reason.
2. Safe in calf females have been examined by competent personnel and are so guar-
anteed.
3. Exposed females have been exposed but are not guaranteed to be safe in calf.
4. Open females have not been served and are so guaranteed.
5. Donor Females. a) 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 pro-
gram, unless by separate agreement between the buyer and seller. b) Embryo transfer
guarantee. Even though it is possible some of the female lots have worked successfully
in our embryo transfer program in the past, and should in the future, there is no guar-
antee or warranty on future embryo production of any lot. Flush records are available
upon request.
6. Any bull which settles cows by natural service and passes a fertility test made by com-
petent veterinarians, mutually agreed upon by the buyer and seller, during any six
month period of trial (provided for in paragraph 2 of the section of these sales terms
and conditions entitled "Options and Privileges of Return or Adjustment") shall be con-
sidered a breeder. All partial interest bulls are guaranteed to produce freezable quality
semen.
7. This is not a life insurance policy. Don Thomas and Sons will not replace a dead ani-
mal if it is killed or dies for any reason. We would suggest that normal care still needs
to be exercised toward these animals and that yearling bulls would be fed so they can
continue to develop properly
Pregnancy Determination
The registered females in this sale noted safe in calf have been determined pregnant
by physical palpation or ultrasound technology. Our best estimate of service sire will be
given in the case of the females with both an A.I. sire and a natural breeding sire.
Options and Privileges of Return or Adjustment
1. All claims for adjustment or refund must be made in writing within six months of the
sale date.
2. In the event an animal is claimed to be a non-breeder, the animal may be returned to
owner's ranch, if in good condition and complying with the health requirements of their
state. The seller shall be entitled to a six month trial following the return of the animal
in which to prove that the animal is a breeder. If at the end of six months the seller is
unable to prove the animal is a breeder, the seller shall at the option of the buyer replace
the animal with another of equal value or issue a credit for the initial selling price. If the
seller proves the animal to be a breeder, it shall be the obligation of the purchaser to
take delivery of the animal and pay all expenses incurred for transportation.
3. If an animal is sold and at a later date proves not to be eligible for registration under
association rules, the seller shall be obligated to make a satisfactory adjustment on the
purchase price to the buyer, refund the purchase price or issue a credit for the initial
selling price upon the return of the animal to the farm of the seller.
4. If an animal is sold and through DNA is proven to have incorrect parentage as rep-
resented by the certificate of registration, and for which the parentage can be deter-
mined, the seller shall be obligated to make a satisfactory adjustment on the purchase
price to the buyer, refund the purchase price or issue a credit for the initial selling price
upon the return of the animal to the farm of the seller.
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 on both. Other than the guar-
antees and warranties stated above, no other warranties or guarantees are expressed
or implied. Each sale or resale of an animal constitutes a separate transaction.
2. Neither female or bull owners or American Marketing Service nor any other person
connected with the management of the sale, assumes any liability, legal or otherwise.
Feature Lot
Terms And Conditions