Except for those stated in the terms and conditions below, there are no warranties
either expressed or implied, as to the merchantability or fitness for a particular
purpose with respect to the cattle being sold at this auction.
The warranties and guarantees set forth in the “Terms & Conditions” are in lieu of
all other warranties, either expressed or implied, and the remedies provided therein
shall be the sole and exclusive remedy of the buyer, or any party through buyer,
for any breach of warranty or guarantee therein provided, and all other obligations
or liabilities.
1. BIDDING - Each animal will be sold to the highest bidder. The auctioneer in
charge will settle any disputes as to bids and his decision will be final.
2. TERMS - Terms of the sale are cash or check. Settlement must be made to the
clerk at the conclusion of the auction.
3. PURCHASER’S RISK - Each animal becomes the risk of the purchaser as soon
as sold by the auctioneer, and the risk of loss will pass to purchaser at the time
of sale by the auctioneer; but animals will not be delivered until settlement has
been made. After the sale, animals must be taken promptly by the purchaser, but
in any event must be removed from the seller’s premises within three (3) days of
the auction. After three (3) days, a reasonable charge for boarding will be made by
seller to purchaser.
4. CERTIFICATE OF REGISTRY - When full settlement has been made, a
Certificate of Registration will be furnished and transferred to the purchaser. Give
full name and address to the clerk when making payment so the Certificate of
Registration will be transferred properly.
5. HEALTH – Oklahoma is Brucellosis (Bangs) and Tuberculosis- free state. An
interstate health certificate will be furnished in accordance with Federal Regulations
and the state of Oklahoma.
6. ANNOUNCEMENTS - Announcements from the auction box will take precedence
over the printed matter in this catalog. All cattle will be sold by lot numbers as
announced by the auctioneer.
7. MAIL BIDS - Phone, mail or email bids may be furnished in confidential form to
either Wes Dotson, Auctioneer or Mike Vorel, OBA Sales VP. (Contact information
located on inside front cover of this catalog.)
terms and conditions
8. BREEDING GUARANTEE - (A) All animals are guaranteed to be breeders with
the exception: (1) injury or disease occurring after the sale; (2) negligence or willful
mistreatment of the part of the purchaser. (B) Any female is considered a breeder
is she is pregnant at the time of the sale and/or she has a calf at side. (C) Any bull
shall be considered a breeder that produces viable semen.
9. OPTIONS AND PRIVILEGES OF RETURN OR ADJUSTMENT FOR BULLS -
(A) All claims for adjustment or return must be made in writing within six months of
the sale. (B) If any animal guaranteed to be a breeder that has not proven itself a
breeder within the time limit specified above, if in healthy condition and weighing
within 80% of sale day weight, may be returned to the seller at the purchaser’s
expense. The seller reserves the right and privilege of trying for a period of six
months to prove the animal a breeder. If proven a breeder, the animal will be
returned to the buyer, at buyer’s expense. Should the animal fail to breed, the
buyer may receive replacement of the animal with an animal of equal value. (C)
Any animal returned must have a veterinarian’s certificate that it is healthy and free
of Bangs and Tuberculosis.
10. OPTIONSAND PRIVILEGES OF RETURN ORADJUSTMENT FOR FEMALES
- (A) All claims for adjustment or return must be made in writing within six months
of the sale or no later than six months after the animal reaches 18 months of age.
(B) If any animal guaranteed to be a breeder that has not proven itself a breeder
within the time limit specified above, if in healthy condition, may be returned to the
seller at the purchaser’s expense. The seller reserves the right and privilege of
trying for a period of six months to prove the animal a breeder. If proven a breeder,
the animal will be returned to the buyer, at buyer’s expense. Should the animal fail
to breed, the buyer may receive replacement of the animal or pair with an animal or
pair of equal value. In case a cow sold with a calf at side is returned because the
cow is determined a non-breeder, the calf must also be returned. (C) Any animal
returned must have a veterinarian’s certificate that it is healthy and free of Bangs
and Tuberculosis. 11. RIGHT AND OBLIGATIONS - (A) The preceding terms and
conditions of sale shall constitute a contract between the purchaser and seller of
each animal and shall be equally binding upon both. (B) Animals resold following
purchase in this sale shall constitute a separate transaction, and the rights and
obligations of the two parties connected thereto are not covered by the terms and
conditions of this sale. (C) All persons who attend the sale do so at their own risk
and neither the owners, nor any person connected with the management of the
sale facility assume any liability, legal or otherwise, for any accidents which may
occur. 12. GOVERNING LAW - All cattle offered for sale according to the laws of
the state of Oklahoma.
