PRIVILEGES OF RETURN OR ADJUSTMENT OPTIONS: 1) With the exception of any applicable transportation expenses described herein, a seller shall never be liable to a buyer for an amount greater than the original selling price of any animal sold under these Sales Terms and Conditions. 2) Unless otherwise stated, all claims for adjustment or refund must be made in writing to the seller within 120 days following the sale of the animal in question. 3) If an animal is claimed to be a non-breeder, the animal may be returned to the seller if it is in a good condition and complies with the health requirements of the seller’s state. At the option of the buyer, the seller may issue a credit to the buyer for use in a future purchase or provide an animal of equal value subject to the approval of buyer. If the buyer exercises either such option, the claim shall be deemed fully and satisfactorily resolved. However, in the event that the buyer requests a refund of the purchase price, the seller may, at its option, either issue a refund of the full purchase price or, shall have 180 days from the date the animal is returned to the seller’s farm to conduct a trial to demonstrate the returned animal is a breeder. Refund of the full purchase price or demonstrated proof that the animal is a breeder during the test trial shall be deemed full satisfaction and settlement of the claim. Any expense incurred for transporting an animal claimed to be a non-breeder will be the responsibility of the buyer, except that the seller will be responsible for transportation costs in excess of the distance between the buyer’s farm and the location where the sale took place. If the seller proves the animal to be a breeder, it will be the obligation of the buyer to take delivery of the animal and pay all transportation expenses. 4) If an animal is sold and subsequently becomes ineligible for registration under the rules of BBU for reasons other than incorrect parentage, the seller must make a satisfactory adjustment on the purchase price to the buyer, or at the option of the seller, refund the purchase price upon the return of the animal to the farm of the seller. 5) If an animal (including the offspring of a pregnant recipient) is sold and through parentage verification is proven to have incorrect parentage, as represented by the animal’s certificate of registration, and for which correct parentage can be determined, the seller is obligated to make a satisfactory adjustment on the purchase price to the buyer or, at the seller’s option, refund the purchase price upon the return of the animal to the farm of the seller. Any claim for adjustment or refund under this paragraph must be made in writing to the seller on or before the first anniversary of the date of the sale.
6) Unless stated otherwise, all transportation expenses incurred will be the responsibility of the buyer, except that the seller will be responsible for transportation costs in excess of the distance between the buyer’s farm and the location where the sale took place. MISCELLANEOUS: 1) The above terms and conditions of sale constitute a contract between the buyer and the seller and are equally binding upon both parties. Each sale or resale of an animal constitutes a separate transaction. 2) Neither BBU nor any director, officer, employee or representative of BBU or any of its related entities shall be liable in any way with respect to a transaction conducted under these Sales Terms and Conditions; nor shall BBU, its directors, officers, employees or representatives be responsible in any way for enforcing the terms and conditions of any agreement between a buyer and a seller. Each buyer and seller agree to hold BBU, its directors, officers, employees, representatives and related entities harmless from all damages, expenses, claims, losses and other liabilities associated with a transaction conducted under these Suggested Sales Terms and Conditions. 3) No sponsor, sale manager, or other person connected with the management of a sale shall be liable in any way with respect to transactions conducted under these Sales Terms and Conditions. 4) These sale terms and conditions and all rights, obligations and duties arising hereunder and all disputes arising hereunder will be construed in accordance with, and governed by, the laws of the state in which the sale occurs, without giving effect to such state’s choice of law rules. 5) UNLESS OTHERWISE EXPRESSLY STATED IN THESE SALE TERMS AND CONDITIONS OR ANY OTHER WRITTEN AGREEMENT BETWEEN THE PARTIES RELATING TO THE SALE OR BEEFMASTER, BEEFMASTER ADVANCER, E6 OR UPGRADING CATTLE UNDER THESE SALE TERMS AND CONDITIONS, SELLER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EVEN IF SUCH PURPOSE IS KNOWN TO THE PARTIES. THE REMEDIES PROVIDED IN THESE SALE TERMS AND CONDITIONS ARE THE EXCLUSIVE REMEDIES OF THE BUYER, OR ANY PARTY CLAIMING THROUGH THE BUYER, AND UNDER NO CIRCUMSTANCES WILL THE SELLER BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES UNDER ANY INDEMNITY PROVISION OR OTHERWISE.
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