Embryos
1. Embryos being offered for sale will be sold “as is” unless the
seller provides additional guarantees.
Privileges of Return or Adjustment:
Options
1. With the exception of any applicable transportation expenses
described herein, a seller shall never be liable to a buyer for an
amount greater than the original selling price of any animal
sold under these Sales Terms and Conditions.
2. Unless otherwise stated, all claims for adjustment or refund
must be made in writing to the seller within 180 days following
the sale of the animal in question.
3. If an animal is claimed to be a non-breeder, the animal may
be returned to the seller if it is in good condition and complies
with the health requirements of the seller’s state. At the option
of the buyer, the seller may issue a credit to the buyer for
use in a future purchase or provide an animal of equal value
subject to the approval of buyer. If the buyer exercises either
such option, the claim shall be deemed fully and satisfactorily
resolved. However, in the event that the buyer requests a refund
of the purchase price, the seller may, at its option, either issue
a refund of the full purchase price or, shall have 180 days from
the date the animal is returned to the seller’s farm to conduct a
trial to demonstrate the returned animal is a breeder. Refund
of the full purchase price or demonstrated proof that the
animal is a breeder during the test trial shall be deemed full
satisfaction and settlement of the claim. Any expense incurred
for transporting an animal claimed to be a non-breeder will
be the responsibility of the buyer, except that the seller 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 the seller 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
seller 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 the farm of the seller. Any
claim for adjustment or refund under this paragraph must be
made in writing to the seller on or before the first anniversary
of the date of the sale.
5. 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,
the seller 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 the farm of the seller. Any
claim for adjustment or refund under this paragraph must be
made in writing to the seller on or before the first anniversary
of the date of sale.
6. If a female sold as “open” proves to be with calf, the buyer
may return the animal to the farm of the seller prior to calving
for a refund of the full purchase price or for another animal of
equal value, whichever is acceptable to the buyer. The Seller is
responsible for all transportation expenses.
7. If an animal (including the offspring of a pregnant
recipient) is sold and through parentage verification is proven
to have incorrect parentage, as represented by the animal’s
certificate of registration and for which correct parentage can
be determined, the seller is obligated to make satisfactory
adjustment on the purchase price only to the buyer or, at the
buyer’s option, refund the purchase price upon the return of
the animal to the farm of the seller. Any claim for adjustment
or refund under this paragraph must be made in writing to
the seller on or before the second anniversary of the date of
the sale. Those animals upon which parentage verification
has been recorded with the IBBA will be so noted in the
sale catalog or in a supplement sheet. At time of purchase it
becomes the buyer’s responsibility to adhere to the rules of the
IBBA regarding parentage verification for animals used for
semen and embryo production.
8. If the resulting calf of a pregnancy is not of the sex
represented at the time of the sale, the seller is obligated to
make a satisfactory 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 the farm of the seller. Any claim for
adjustment or refund under this paragraph must be made in
writing to the seller on or before the first anniversary date of
the sale.
9. Unless stated otherwise, all transportation expenses incurred
will be the responsibility of the buyer, except that the seller will
be responsible for transportation costs in excess of the distance
between the buyer’s farm and the location where the sale took
place.
RIGHTS AND OBLIGATIONS
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. Other than the guarantees and
warranties stated above, no other warranties or guarantees
are expressed or implied. Each sale or resale of an animal
constitutes a separate transaction.
Neither GENETRUST, the ranch the sale is being held on,
nor any other sale consultant or persons connected with the
management of this GENETRUST sale, assumes any liability,
legal or otherwise.
GENETRUST
at Cavender’s Neches River Ranch - Page 51
