DVAuction Online Catalogs - page 31

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 $5.00 per day will be assessed
until pickup, unless AMS arranges shipment.
Certificate of Registry
A transferred certificate of registry will be furnished to the purchaser for each registered bull or registered
female once proper settlement has been made.
Health
Health papers suitable for interstate shipment will be furnished on all animals.
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. 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 freezeable quality semen.
3. Safe in calf females have been examined by competent personnel and are so guaranteed.
4. Exposed females have been exposed but are not guaranteed to be safe in calf.
5. Open females have not been served and are so guaranteed.
Pregnancy Determination
The females in this sale noted safe in calf have been determined pregnant by physical palpation. 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 the seller if in
good condition and complying with the health requirements of Texas. 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 purchas-
er to take delivery of the animal and pay all expenses incurred for transportation.
3. If a bull 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. American Marketing Service or any other person connected with the management of the sale
assumes no liability, legal or otherwise.
Terms & Conditions
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