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The Red Angus Assn. Terms and Conditions will apply if the terms and conditions printed here are not applicable.
BIDDING DISPUTES
: The auctioneer in charge will settle any disputes as to
bids, and his decision on such matters shall be final.
TERMS
: The terms of the sale are cash; the right of property shall not pass
until after settlement is made. All settlements will be made with the clerks
of the sale immediately following the conclusion of the sale and before any
cattle will be released from the ranch.
RETAINED INTEREST
: We are retaining 1/2 interest in all bulls in the sale. We
are selling the remaining 1/2 interest, full possession, and full salvage value
on these bulls. This option gives Bieber Red Angus Ranch the option to col-
lect, use and market semen from the bull and does not restrict the purchaser
from doing the same. This collection, unless agreed otherwise, would be
done at the expense of Bieber Red Angus Ranch, at the buyer’s convenience.
Also at the time of purchase, the highest bidder on a retained interest bull
may elect to purchase exclusive semen rights for 100% of the purchase
price in addition to the purchased price on retained bulls. If a buyer elects
to purchase exclusive semen rights, Bieber Red Angus Ranch interest then
becomes in herd use only, but Bieber Red Angus Ranch retains all rights to
use the bull within their herd.
SEMEN RIGHTS
: Buyers receive semen rights proportional to the interest
purchased. If you purchase a 1/2 interest, then you are entitled to 1/2 of the
semen collections at cost provided that you indicate you want semen prior to
collection. We intend to collect some of the bulls in the sale and sample them
in our herd. We will cooperate with the buyer in collection of the bull. We
prefer to collect most bulls after the first season of use and we will contact the
buyer when we intend to collect the bull at a time convenient for the buyer.
PURCHASER’S RISK
: Each animal becomes the risk of the purchaser as soon
as sold. Animals will be fed, watered and cared for at the purchaser’s risk for
a reasonable time.
CERTIFICATE OF REGISTRY
: A certificate of registry and transfer will be
furnished for each animal sold as a registered animal, after settlement has
been made.
HEALTH
: All cattle will have official health certificates and will sell guaran-
teed exported to Canada. Canadian health certificates will be charged at
cost on animals selling under $4000.
ANNOUNCEMENTS
: Changes of information contained in this catalog relat-
ing to the animals offered for the sale will be announced from the auction box
and such announcements shall take precedence. Errors discovered in the
catalog will be corrected by announcements at sale time, and such correc-
tions will take precedence over the printed matter in this catalog.
BREEDER’S GUARANTEE
: 1. All animals are guaranteed breeders, with the
exception of: a) calves under twelve months of age; b) animals shown by
Purchaser after sale (in cases of animals shown after purchase, the breed-
ing guarantee, if any, shall be such as agreed upon between Seller and
Buyer) c) Any open heifer that has been flushed for embryo transfer; or d)
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 14
months of age. Any bull which either: a) settles 1/3 or more of the healthy
cows he serves; b) is the sire of 20 or more animals; or c) settles cows by
natural service and passes a fertility test made by a competent veterinarian
during any 6 month period of trial (provided for in paragraph 2 of the section
of these sale terms and conditions entitled “Options and Privileges of Return
or Adjustment”) shall be considered a breeder.
Any guarantee with respect to the ability to freeze semen shall be by sepa-
rate agreement between Buyer and Seller.
Open females have not been served and are so guaranteed.
IDENTIFICATION
: Each animal carries a readable tattoo. Tag numbers on
the cattle correspond with lot and tattoo numbers in this catalog. Purchaser
agrees to use full name of animal in advertising and on stall cards at shows.
OPTIONS AND PRIVILEGES OF RETURN OR ADJUSTMENT
:
1. All claims for adjustment or refund 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 defects or
parentage.
2. In the event an animal is claimed to be a non-breeder, the animal may be
returned to the farm 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 the animal is
a breeder, the Seller shall, at the option of the Buyer, replace the animal with
another of equal value or grant the Buyer a credit for use on any products
marketed by the Seller. Such credit of the full purchase price 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 respon-
sibility of the Purchaser, except that the Seller shall be responsible for the
transportation 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
is a breeder, it shall be the obligation of the Purchaser to take delivery of the
animal and pay all expense incurred for transportation.
3. If a female sold as “safe in calf” proves not to be in calf, the Purchaser may
receive service from the bull previously used, if available, or if the bull is not
available, the Seller shall be obligated to make a satisfactory adjustment on
the purchase price upon return of the animal to the farm of the Seller. Any
adjustment provided for herein shall absolve the Seller from further liability,
except in case such female proves to be a non-breeder. If a female represent-
ed as “safe in calf” at time of sale to a certain bull proves to have been bred
to a different bull, the Seller shall be obligated to take a satisfactory adjust-
ment on the purchase price upon return of the animal to the farm of the Seller
(adjustments shall not be considered to a breeding fee or an allocation of the
purchase price to any unborn calf). Any expenses incurred for transporta-
tion shall be the responsibility of the Purchaser, except that the Seller shall be
responsible for the transportation costs in excess to the distance between the
Purchaser’s farm and the location where the sale took place.
4. If a female sold as “served” proves not to be in calf, or if a female sold
as “pasture-bred” proves not to be in calf, the Seller only guarantees such
female to the breeder.
5. If a female sold as “open” proves to be with calf, the Purchaser may return
the animal to the farm of the Seller prior to calving for a credit of the full
purchase price or for another animal of equal value, whichever is acceptable
to the Purchaser. It shall be the obligation of the Seller to bear any expense
incurred for transportation.
LIABILITY
: Neither owners, sale managers, clerks nor anyone connected with
the sale assumes responsibility, legal or otherwise, for damages of any kind.
CONTRACT
: The above terms and conditions shall constitute a contract
between the buyer and seller of each animal sold.
IMPLIED WARRANTY
: Except for those stated in the terms and conditions,
there are no warranties, either expressed or implied, as to merchantability
or fitness for a particular purpose with respect to the cattle being sold in this
auction. The warranties set forth in terms and conditions are in lieu of all
other warranties, either expressed or implied, and the remedies proved there-
in shall be the sole and exclusive remedy of the buyer, or any part claiming
through buyer, for any breach of warranty or guarantee therein provided
and all other obligations or liabilities.
TERMS AND CONDITIONS
If you can’t attend
the sale & would like to buy cattle, call Craig (605-439-
3628 / 605-216-8169 / 605-439-3545) before the sale. Tell us what you are
looking for and we will assist in arrangement to help you participate in the
offering.
We will call you after the sale and inform you of your purchases.
We guarantee your purchase will be satisfactory.
TELEPHONE BIDDING
We will have available telephone bidding by conference call.
If you wish
to bid over the phone, please register before sale day.
INTERNET BIDDING
See page 3 for information.
We guarantee your purchase will be satisfactory.
