SALE TERMS, CONDITIONS AND GUARANTEES
Except as outlined in the following terms and conditions, no war- ranties, either expressed or implied, are provided regarding the merchantability or suitability of the cattle sold at this auction. The warranties and guarantees detailed in these Terms and Conditions replace all other warranties, whether expressed or implied. The remedies specified are the sole and exclusive recourse for the purchaser or any party claiming through the purchaser in the event of a breach of warranty or guarantee, superseding all other obliga- tions or liabilities. BIDDING Each animal will be sold to the highest bidder. The auctioneer will resolve any bidding disputes, and their decision will be final. TERMS Payment must be made in cash or by check to the clerk at the end of the auction. No animals may be removed until full payment is received. PURCHASER’S RISK Each animal becomes the purchaser’s responsibility as soon as it is sold. However, the seller is responsible for feeding and caring for the animals at no cost to the purchaser until they are loaded for shipment or until 72 hours after the sale for animals being picked up by the buyer. Animals designated for delivery will be cared for free of charge until they are delivered. ANNOUNCEMENTS & SALE DAY SUPPLEMENT The printed information in the sale day supplement supersedes any printed material in this catalog. Announcements made from the auction block override both the catalog and the sale day supple- ment. All animals will be sold by lot number as announced. While every effort has been made to ensure the accuracy of this catalog, most information about the animals is sourced from the official records of their respective breed associations. PERSONAL LIABILITY Attendance at the sale is at the attendee’s own risk. 5L Ranch, along with its employees, and all individuals involved in the management of the sale, assume no legal liability or responsibility. IDENTIFICATION Each registered animal will be provided with a readable tattoo that matches its catalog designation and registration, where applicable. REGISTRATION TRANSFER Bulls will be transferred and RAAA Certificates will be sent directly from the RAAA associa - tion. HEALTH CERTIFICATES Health certificates will be provided for animals leaving Motana once all required testing is complete. Some states have specific testing requirements that may take several days for results, after which our veterinarian can issue the health certificate needed for transport to your state. BULL BREEDING GUARANTEE All animals are guaran- teed to be breeders, except in the following cases: a) Injury or illness occurring after the sale; b) Gross negligence or intentional misconduct by the purchaser; c) Animals that are shown competitively after purchase. A bull will be considered a breeder if it: a) Successfully impregnates at least 1/3 of the healthy cows it serves; b) Sires 20 or more offspring; or c) Settles cows through natural service and passes a fertility test conducted by a qualified veterinarian within any 6-month trial period, as outlined in the “Options and Privileges of Return or Adjustment” section of these sale terms and conditions.
Any guarantees elated to semen freezing must be established through a separate agreement between the purchaser and the seller. FIRST BREEDING SEASON GUARANTEE 5L offers a full breeding season guarantee against any injury or issue that prevents the bull from being a breeder during the first breeding season. In the event of a problem, we will provide a suitable replacement or issue full credit, minus the salvage value of the original bull, toward another purchase in a future sale. All bulls sold have passed a breeding soundness exam. We require notification of any injury and reserve the right to obtain a second opinion from a veterinarian of our choosing. REGISTERED FEMALE BREEDING GUARANTEE Females confirmed safe in calf have been examined by a qualified ultrasound or palpation technician and come with this guarantee. Any projected calving dates or date ranges listed in this catalog or sale day supplement are estimates and not guaranteed. Please note that it is common for females to calve up to two weeks before or after their projected date. Females marked as AI or pasture exposed have been exposed but are not guaranteed safe in calf; they are, however, guaranteed to be breeders. Open females have been checked and confirmed open, and they are guaranteed as such. These females are also guaranteed to be breed- ers or to produce viable embryos if the purchaser opts for embryo transfer. COMMERCIAL FEMALE BREEDING GUARANTEE All commercial females sold as safe in calf have been confirmed pregnant by a qualified ultrasound or palpation technician and are guaranteed to remain pregnant until December 1st following the sale. It is not uncommon for a small percentage of females to lose pregnancies between palpation and calving. If a commercial female is found to be not pregnant before May 1st, contact us for reimburse- ment. The seller will cover the difference between the purchase price and her salvage value. SELLER’S SEMEN RIGHT S Unless otherwise stated in this catalog or sale day supplement, the seller retains a 50% revenue-sharing semen interest, without pos- session, in each bull listed. Any future semen collections must be communicated to all owners beforehand, with collection costs and semen divided according to ownership interests, unless all owners agree otherwise prior to collection. For any bull collected in the future, the seller reserves the right to 100 straws of semen with registration rights, contributing their share of collection costs. Detailed terms related to retained interests in bulls are outlined at the front of this catalog under “Retained Interests in Bulls.” OPTIONS & PRIVILEGES OF RETURN OR ADJUST- MENT The following adjustments do not prevent the Purchaser and Seller from mutually agreeing on different terms for resolving any disputes. All claims for adjustments or refunds must be submitted in writing within six (6) months of the sale date or by the time the animal reaches 24 months of age, whichever is later, except for claims related to parentage or defects. Refunds or returns will be provided as either a replacement animal of comparable quality or as a credit for use on products marketed by the Seller. a) This credit will be limited to the purchase price minus the ani- mal’s salvage value. b) Salvage value is determined as: Market price x the greater of
the “current weight” recorded in September before the sale or the animal’s weight at the time of salvage. If an animal is claimed to be a non-breeder, it may be returned to the Seller’s ranch, at the Purchaser’s expense, provided it is in good physical condition and meets the Seller’s state health require- ments. The Seller will have a six (6) month trial period to prove the animal’s breeding capability. If the Seller cannot prove the animal is a breeder within this time, the Purchaser may choose between a replacement animal or a credit for products sold by the Seller. Either option will be considered full settlement. If the Seller proves the animal is a breeder, the Purchaser must take the animal back and cover transportation expenses. If a female sold as “open” is found to be pregnant, the Purchaser may return her to the Seller’s farm before calving for a full credit or a replacement animal of similar value. The Seller will cover transpor- tation expenses in this case. GENETIC CONDITION, DEFECT & PARENTAGE GUAR- ANTEE A dvancements in technology have helped identify various genetic conditions present in cattle populations for many years. These include, but are not limited to: Arthrogryposis Multiplex (AM), Double Muscling (DM), Dwarfism (DW), Hypotrichosis (HY), Alpha-Manno - sidosis (MA), Neuropathic Hydrocephalus (NH), Osteopetrosis (OS), Protoporphyria (PR), Pulmonary Hypoplasia with Anasarca (PH), Syndactyly (SN) (Mule Foot), Tibial Hemimelia (TH), Contractural Arachnodactyly (CA) (Fawn Calf Syndrome), Parrot Mouth, and De- velopmental Duplications (DD). Most of these conditions are thought to be simple recessive traits. Strategic DNA testing and avoiding the breeding of carrier females to carrier bulls can effectively manage these conditions. Results for all potential carriers will be provided in this catalog or the Sale Day Supplement, with carriers marked by a (C) and homozygous animals noted with an (A). The parentage of animals bred by the Seller is guaranteed to match the Sire and Dam listed on the registration papers for a period of two years from the sale date, under the following conditions: a) The Purchaser must notify the Seller in writing immediately after the birth of a suspected defective calf or after determining that a calf is defective or has parentage errors. b) The Seller must be given reasonable opportunity to collect DNA samples from the calf and its sire and dam for analysis, at the Seller’s expense, to confirm parentage. If parentage is questioned, the Purchaser may also collect DNA samples at their own expense for verification. If the registration-listed Sire or Dam is proven incorrect, the Seller will reimburse the Purchaser for the cost of the analysis. c) The animal must be returned to the Seller at the Purchaser’s expense, provided it meets the Seller’s state health requirements. d) Replacement with an animal of similar value or a credit of the purchase price shall be considered full resolution in cases of defects or parentage errors. In disputes over whether a calf is defective or if parentage is incorrect, the determination referenced in 1a will be made by an agreed-upon expert. If the Purchaser and Seller cannot agree on an expert, each party will appoint a representative. If these representatives cannot reach an agreement, they will appoint a third party to make the final determination. RIGHTS AND OBLIGATIONS The terms and conditions of the sale form a binding contract between the Purchaser and Seller of each animal, applying equally to both parties. Any future sale or resale of the animal will be considered a separate transaction.
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