DVAuction Online Catalogs - page 63

• Terms & Conditions •
The Red Angus Association Terms and Conditions will apply if
the terms and conditions printed here are not applicable.
TERMS
: Terms of the sale are check or cash. Every animal will
be sold to the highest bidder. The right of property shall not
pass until after complete 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 sale facility or ranch.
BIDDING DISPUTES
: The auctioneer will settle any disputes as
to bids, and his decision on such matters shall be final.
RETAINED INTEREST:
We are retaining a 1/2 interest in all bulls
in the catalog. We are selling the remaining interest, full posses-
sion, and full salvage value on these bulls. We also retain a
breeding interest for in-herd use only in all other bulls in the
catalog. We reserve the right to collect semen at the conven-
ience of the buyer.
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 pur-
chaser as soon as sold. Animals will be fed, watered and cared
for at the purchaser’s risk until November 20, 2016. After that,
there will a per day feed cost added to the purchase price,
payable before possession occurs.
ANNOUNCEMENTS
: Changes of information contained in this
catalog relating to the animals offered for the sale will be an-
nounced from the auction box and such announcements shall
take precedence. Errors discovered in the catalog will be cor-
rected by announcements at sale time and such corrections will
take precedence over the printed matter in this catalog.
BREEDER’S GUARANTEE:
All animals sold are guaranteed
breeders by the sellers. Any animal that has not proven itself as
a breeder within six months after date of sale, if in healthy con-
dition, may be returned to seller at buyer’s expense. The seller
reserves the privilege of trying, for a period of six months, to
prove the animal is a breeder. The seller, at his option, may ei-
ther replace the animal with another of equal value or grant the
buyer a credit for use on any cattle marketed by the seller in full
settlement and transaction of ALL claims. Yearling bulls shall be
guaranteed breeders for no more than 25 females. All com-
plaints regarding breeding difficulties must be reported in writ-
ing by the buyer to the seller within the specified time above,
and any animal returned must be free from disease and in good
health and condition. All animals are guaranteed to be breeders,
with the exception of: a) calves under twelve months of age; or
b) animals shown by Purchaser after sale (in case of animals
shown after purchase the breeding guarantee, if any, shall be
such as agreed upon between Seller and Buyer; or c) gross negli-
gence or willful misconduct on the part of the Purchaser.
OPTIONS AND PRIVILEGES OF RETURN OR ADJUSTMENT
:
1. All claims for adjustment or refund must be made in writing
either within six month of the sale date or no later than six
months after the animal reaches 18 months of age with the ex-
ception of claims involving defects or parentage.
2. If a female sold as “open” proves to be with calf, the Purchaser
may return the animal to the ranch 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.
FERTILITY
: All bulls are yearling virgins. Each bull has been fer-
tility tested and examined for soundness by Dr. Lance Hughes
from Hobson, Montana.
LIABILITY
: Neither owners, sale managers, clerks nor anyone
connected with the sale assumes responsibility, legal, or other-
wise, for damages of any kind. Any person attending the sale
does so at his own risk.
CONTRACT
: The above terms and conditions shall constitute a
contract between the buyer and seller of each animal sold.
IDENTIFICATION:
Each animal carries a readable tattoo. The
tag numbers on the cattle correspond with lot and tattoo num-
bers in this catalog.
CERTIFICATE OF REGISTRY:
A certificate of registry and trans-
fer will be provided on all bulls sold. Heifers selling for $900 or
above will receive a registry certificate. If buyers of heifers under
$900 desire a registration certificate, they can be purchased for
$100 added to the selling price.
IMPLIEDWARRANTY
: Except for those stated in the terms and
conditions, there are no warranties, wither expressed or implied,
as to merchantability or fitness for a particular purpose with re-
spect to the cattle being sold in this auction. The warranties set
fort in terms and conditions are in lieu of all other warranties, ei-
ther expressed or implied and the remedies proved therein shall
be the sole and exclusive remedy of the buyer, or any part claim-
ing through buyer, for any breach of warranty or guarantee
therein provided and all other obligations or liabilities.
HEALTH
: All cattle will have official health certificates and are
guaranteed for interstate delivery.
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