TERMS:
Terms of the sale are cash, check, or other terms agreed to in writing
between seller, buyer, and sale manager payable immediately upon conclusion
of the sale before animals will be moved. We reserve the right to require a
certified check as settlement before releasing any cattle.
PURCHASER’S RISK:
All animals are the owner’s risk prior to their sale and
become property of the purchaser as soon as declared sold by the auctioneer.
BIDDING:
Any disputes or challenges regarding bids or tie bids will be
settled by the auctioneer and his decision will be final.
CERTIFICATE OF REGISTRY:
A certificate of registry for each animal will
be transferred to the buyer at the seller’s expense.
ANNOUNCMENTS:
Any errors or changes in information contained in the
catalog will be announced from the block and such announcements shall take
precedence over the information contained herein.
HEALTH:
All animals are eligible for interstate shipment. Interstate health
papers prepared by an accredited veterinarian will be furnished on each animal
sold. Arrangements for international shipment should be made with the sale
manager prior to the auction. All efforts for the exportaton of cattle can be
arranged through the sale manager and all health testing, transportation, and
other export costs are the sole responsibility of the purchaser.
BREEDING GUARANTEE:
All animals are guaranteed by the seller as
outlined in the Red Angus Association of America Code of Ethical Sale
Practices.
LIABILITIES:
All persons who attend the sale do so at their own risk. The
seller, auction facility, and sale manager assume no liability for any accidents
that may occur. Neither does the seller, auction facility, or sale manager assume
liability for the loss or injury to livestock due to theft, mysterious
disappearance, sickness, improper handling or Act of God. It is to be clearly
understood that the sale manager and its represenatives act only as a medium
between the buyer and the seller. They are not responsible in any way for the
failure on the part of the buyer and seller to live up to their obligations or for
the truth of any warranties or respresentation, express or implied. Neither does
the sale manager assume any financial obligations to collect or enforce
collection of monies between parties. Any legal action, that may in exceptional
cases be taken, must be between the buyer and the seller. This catalog has been
prepared by the sale manager from pedigrees and information supplied by
sources deemed reliable, however, the sale manager will in no way guarantee
the pedigree, percentages of the animals selling, or data included in this
catalog. Any exceptions taken are between the buyer and the seller.
HEALTH CERTIFICATES:
Interstate health certificates will be furnished on
each animal sold. Cattle sell guaranteed to export with any special export
testing of cattle to be done after the auction. Special details in regards to the
foreign exportation of cattle may be arranged.
TRUCKING:
Trucking can be arranged to coordinate loads for the least
possible cost. If you know you’ll need trucking, please contact Will or Steve
prior to the sale so arrangements can be made.
INSURANCE:
American Livestock Insurance through Harding & Harding will
be available sale day.
GENETIC DEFECT AND PARENTAGE GUARANTEE:
1. All animals are guaranteed not to produce a calf with the following defects:
Dwarfism, Double-muscling, Parrot Mouth, Osteopetrosis (marble bone
disease), and Syndactylism (Mule Foot). The parentage of the animals bred by
the Seller is guaranteed to the extent that the animal is by the Sire and out of
the Dam indicated on its registration paper. These guarantees are effective for
a period of two years from the date of sale only under the following conditions.
a) The Buyer shall notify the Seller in writing immediately upon the birth of a
calf suspected of being defective or immediately after determination is made
that such calf is defective, or if parentage is suspected or found to be in error.
b) The Seller, at his expense, shall be permitted and provided, with reasonable
opportunity, to obtain blood samples of an alleged defective calf and its sire
and dam for the purpose of blood type/DNA analysis to establish parenthood.
In the case of suspect parentage, the Buyer at his expense, shall be permitted
and provided with reasonable opportunity to obtain blood samples of the
animal in question and its sire and dam for the purpose of blood type/DNA
analysis to establish parenthood. If sire or dam is indicated on the animals
registration paper is proven to be in error by such analysis, the Seller shall
reimburse Buyer for cost of such analysis. c) The animals will be returned by
the Buyer to the Seller at the Buyer’s expense; provided the animal meets the
health requirements for the Seller’s state. d) The replacement of an animal with
another of equal value or the refund of the purchase price, in connection with a
defect producing animal or an animal whose parentage is in error, shall be
deemed full satisfaction and settlement.
2) In the event there is a dispute as to whether or not a calf is defective, or
parentage is in error, “determination “referred to in Paragraph 1A above shall
be made by a person or persons acceptable to both the buyer and Seller. In the
event that the Buyer and Seller cannot agree on the selection of such person or
persons, then each of them shall appoint a representative to make the
determination. In the event that such representatives fail to agree, a third
person selected by the representatives of the buyer and Seller shall make the
determination.
CONTRACT:
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. Each sale or resale of an animal constitutes a separate transaction.
PHONE BIDS:
Telephone bids will be taken by the Andras family. Sale day
phones listed on page 1.
— Sale Terms & Conditions —
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