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Bidding
Each animal will be sold to the highest bidder without reserve. The
auctioneer will settle 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 obligation 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 $3.00
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 unsatisfactory, it may be reloaded on the
delivery truck and returned to female or bull owners ranch at no obligation
to the buyer. All transportation expenses will be the responsibility of the
seller. If the animal is deemed unsatisfactory within one week of the
purchase, 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.
Genetic Conditions
All animals tested for any genetic conditions are so noted in the catalog.
All animals not noted as tested, have not been tested and sell as is with
no further guarantees.
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 by purchaser after sale
in which the guarantee (if any) shall be between the seller and the buyer;
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 guaranteed.
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 program, 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 guarantee
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 competent 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 considered a breeder. All
partial interest bulls are guaranteed to produce freezable quality semen.
7. This is not a life insurance policy. Seller will not replace a dead animal 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 should
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 represented by the certificate of registration, and for which
the parentage can be determined, 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 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.
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.
Terms and Conditions
