Except for those stated in the below Terms and Conditions, there are nowar-
ranties, either expressed or implied, as to the merchantability or fitness for a par-
ticular purpose with the respect to the cattle being sold at this auction.
The warranties and guarantees set forth in the "Terms and Conditions" are in
lieu of all other warranties, either expressed or implied, and the remedies provid-
edtherein shall be the sole and exclusive remedy of the buyer, or any party through
the buyer, for any breach of warranty or guarantee therein provided, and all other
obligations or liabilities.
Terms of Sale
: Cash, personal or company check accepted only unless arrange-
ments have been made with Town Creek Farm prior to the sale.
Bidding:
Each animal will be sold to the highest bidder without reserve. The per-
son in charge will settle any disputes as to bids, and his decision on such matters
shall be final.
Purchaser's risk:
Each animal becomes the risk of the purchaser as soon as
sold; but it shall be the obligation of the seller to see that animals are fed and
cared for until the animal is picked up by the buyer after the sale in a timely man-
ner.
Certificate of registry:
A transferred certificate of registry will be furnished to
the purchaser for each animal, except those marked as commercial bulls and
heifers, at no cost to the buyer within 60 days after settlement. Certificates will
be issued by the International Brangus Breeders Association.
Herd Health:
Our herd health plan is designed to run smoothly and to protect the
investment of time, money and energy, culminating ultimately into the final prod-
uct, the calf. Calves are protected from birth by maternal immunization against E.
Coli, rota-virus, and coronavirus scours transferred in the dam's colostrum. Young
calves are immunized with 7-way Clostridium, 5-way Lepto, IBR, BVD, P13, BRSV,
Hemophilus Sommons and Brucella vaccines. Breeding age and mature cattle are
immunized twice a year as above on a schedule which includes deworm, delouse
and grub treatment with the addition of Vibriosis immunization.
Health Certificates:
Health certificates for interstate shipment will be provided
at conclusion of the sale.
announcements:
Except with respect to any provisions relating to warranties,
rights, remedies, releases, and indemnifications, any changes from information of
any kind in this catalog will be announced from the auction box and such an-
nouncements shall take precedence.
Breeding guarantee:
Our first goal is to make you a satisfied customer. We
guarantee all breeding bulls sold in this sale to be fertile to the best of our knowl-
edge. If a bull proves to be functionally infertile within 6 months (180 days) of the
sale, we will replace the bull with one of equal value or issue a credit to be used in
our next sale for the purchase price less the salvage value of the orignal bull pur-
chase. Town Creek Farm has the right to prove the bull reproductively sound. This
guarantee does not cover injury or disease, nor does it cover negligence on the
part of the owner. Bull weights are recorded on Breeding Soundness Exams per-
formed within 30 days of the sale. Bulls losing more than 20 percent of their body
weight will be excluded from guarantee. Returns or refunds will be paid in the
form of a credit to use toward purchase of another bull. This is not a life insurance
policy. We will not replace a dead animal if it dies for any reason. We recommend
that normal care and good herd health practices be exercised with these
animals. Bulls are athletes and need proper nutritional requirements. Suggested
ways to maintain your bull purchase will be issued to buyers at settlement follow-
ing the sale.
1. All animals are guaranteed to be breeders with the exception of (a) calves under
12 months of age (b) animals sold by purchaser after sale (in cases of animals sold
after purchase, the breeding guarantees, if any, shall be such as agreed upon be-
tween the seller and the buyer), or in the event of (1) injury or disease, or death oc-
curring after sale or (2) gross negligence or willful misconduct on the part of the
purchaser.
2. Bulls are guaranteed breeders if not allowed to run with the herd until at least 18
months of age. Any bull which either (1) settles one-third or more of the healthy
cows he services, (2) is the sire of 20 or more animals or (3) settles cows by natu-
ral service and passes a fertility test made by a competent veterinarian during any
six month period of trial (provided for in paragraph two of the section of these sale
Terms and Conditions entitled "Options and Privileges of Return or Adjustment")
shall be considered a breeder. Any guarantees with respect to the ability to freeze
semen shall be by separate agreement between the buyer and the seller.
3. Any female is considered a breeder if she is pregnant at the time of sale and/or
she has a calf at side.
4. SAFE IN CALF FEMALES have been examined by a competent veterinarian and
are so guaranteed to be safe in calf at sale time.
Identification:
1. Seller offers each bull with a brand of TC on its left side for all lots bearing the
prefix TCF.
2. Buyer agrees to check brands for accuracy.
3. In those cases where a nickname is used, it shall be accompanied by the official
registered name and number of the animal.
options and Privileges for return or adjustment:
1. All claims for adjustment or credit must be made in writing either within six
months of the sale date or no later than six months after the animal reaches 18
months of age with the exception of claims involving dwarfs or misrepresentation
of service sire.
2. In the event an animal is claimed to be a non-breeder within 6 months of pur-
chase (first breeding season), the animal may be returned to the ranch of the
seller if in good condition and complying with the health requirements of the
seller's state. The seller shall be entitled to six months 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 receive
credit of the purchase price, less salvage, in the next Town Creek Farm sale. Either
option shall, in any case, be deemed full satisfaction and settlement. Any expense
incurred for transporting an animal claimed to be a non-breeder shall be the re-
sponsibility of the purchaser, except that the seller shall be responsible for trans-
portation costs in excess of the distance between the purchaser's farm and the
location where the sale took place 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.
rights and obligation:
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. Each sale
or resale of an animal constitutes a separate transaction.
2. All persons who attend the sale do so at their own risk. Neither the owners nor
warranties, either expressed or implied, as to the merchantability or fitness for a
particular purpose with the respect to the cattle being sold at this auction buyers
at settlement following the sale any other persons connected with the sale as-
sumes any liability, legal or otherwise.
Sale Terms and Conditions
Since 1993
Total Commitment
Town Creek Farm
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