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 first.
After 48 hours a maintenance fee of $3.50 per day will be
assessed until pickup.
Cash Sales
All sales are for cash unless satisfactory credit arrangements
have been made with the seller or GENETRUST prior to the
sale. Payment must be made within 30 days of the sale date.
Sight Unseen Purchases
Buyers may purchase cattle through GENETRUST personnel
at auction or private treaty 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 at no obligation to the
buyer. All transportation expenses will be the responsibility
of GENETRUST. If the purchaser is unable to view the animal
upon delivery that purchaser would have one week to deem the
animal as unsatisfactory. In this instance the buyer may, at their
expense, return the animal to GENETRUST for a refund of the
purchase price. DVAuction purchases do not fall under this
guarantee.
Certificate of Registry
A transferred certificate of registry will be furnished to the
purchaser for each registered animal within in 45 days of
proper settlement.
Health
Interstate health papers suitable for interstate shipment will
be furnished on all animals as required by federal and state
regulations.
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. The seller guarantees all animals to be breeders with the
exception of:
a) Calves under 12 months of age at the time of sale;
b) animals shown by purchaser after sale in which the breeding
guaranteed (if any) shall be agreed upon between the seller and
the buyer;
c) animals who suffer injury or disease following the sale;
d) animals subjected to gross negligence by willful misconduct
on the part of the purchaser.
2. The seller guarantees that all bulls are breeders for a period
of 90 days following the initial turnout date with buyers herd
as long as this occurs within 60 days of date of sale. This only
applies to bulls that are at least 12 months old at time of sale
and have not been allowed to run with the herd until at least 14
months of age. Seller does not guarantee death loss or injury.
Any bull which settles cows by natural service and passes
a fertility test made by competent veterinarians, mutually
agreed upon by 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 “Option and Privilege of
Return and Adjustment”), shall be considered a breeder unless
otherwise agreed by the buyer and the seller the seller makes
no guarantees with respect to the bull’s ability to freeze semen.
3. Cows with calves at their side are presumed to be breeders
with no further fertility guarantee.
4. “Safe-in-calf ” females are guaranteed by the seller to have
been examined by a competent veterinarian or reproductive
technician and determined to be safe-in-calf by examination or
other proven method (e.g., ultrasound, pregnancy blood tests,
and rectal palpation).
5. Exposed females are not guaranteed to be with calf.
6. “Open” females are guaranteed by the seller to be without
calf.
7. Donor females:
a.) Unless otherwise agreed by the buyer and the seller, a
female that has been used in an embryo transfer program is
not guaranteed to be a breeder after the date of the sale.
b.) Unless otherwise agreed by the buyer and the seller, 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.
8. The seller makes the following guarantees with respect to all
“pregnant recipients”: (i) that the female is pregnant, (ii) that
the resulting calf is of the pedigree represented, and (iii) that
the resulting calf is of the sex represented (if so represented).
Semen
1. Unless otherwise agreed by the buyer and the seller, with
respect to the sale of semen the seller makes no guarantees
with respect to the performance or characteristics of such
semen and the buyer is purchasing such semen “as is.”
GENETRUST
at Chimney Rock Cattle Company - Page 68
