4) Females younger than twenty-four (24) months of age can be sold as open. Females sold as open are guaranteed by seller to be open. Any female is considered a breeder tt she is certified to be pregnant by a licensed veterinarian at the time of sate and/or has a nursing calf at side with no further fertility guarantee. Cows (including donor cows) with calves at side six (6) months or older must be certified to be pregnant by a licensed veterinarian. 5) "Safe-in-calf females are guaranteed by the seller to have been examined by a competent veterinarian or reproductive technician and determined to be safe-in-calf by examination or other proven method (e.g., ultrasound. pregnancy blood tests, and rectal palpation). "Served'" females are not guaranteed to be in calf. "Exposed" females have been exposed but are not guaranteed to be in calf. "Open" females are guaranteed by the seller to be without calf. 6) A Donor female (unless otherwise agreed by the buyer and the seller) Is a female: (a) that has been used in an embryo transfer program and shall not be guaranteed to be a breeder after the date of the sale, (b) that Is not guaranteed to be a breeder after the date of the sale, when that female Is to be used, or attempted to be used, In an embryo transfer program. 7) The seller makes the following guarantees with respect to all ··pregnant rec1p1ents": (a) that the female Is pregnant, (b) that the resulting calf is of the pedigree represented, and (c) that the resulting calf is of the sex represented (1f so represented). FLUSHES AND TIME REQUIREMENT A flush consists of all viable embryos, transferred or frozen, received from a female as the result of the administration of any super ovulation drug. The sale of a flush or resulting pregnancies must specify in the sale catalog the number of pregnancies guaranteed by seller and the disposition of any other pregnancies resulting from the flush, the disposition of any frozen embryos resulting from the flush and any additional charge for the recipient cows. The maximum time for the delivery of the guaranteed results must be specified along with a payment schedule. Non-delivery or only partial delivery by the specified time by the seller will result in a pro-rate refund of all monies paid by the buyer for such flush or pregnancies not delivered. DISCLOSURE OF PRIOR PROCEDURES The seller must disclose m the catalog or from the block any circumcision or other surgical alteration of any underline of any male or female known to the seller and of any single egg or super-ovulation flush of any female known to the seller. SEMEN Unless otherwise agreed by the buyer and the seller (with respect to the sale of semen), the seller makes no guarantees with respect to the pertinence, or characteristics of such semen and the buyer is purchasing such semen ·as is. EMBRYOS Embryos being offered for sale will be sold "as is" unless the seller provides additional guarantees. CLONES Unless otherwise agreed by the buyer and the seller (with respect to the sale of semen), the seller makes no guarantees with respect to the pertinence, or characteristics of such semen and the buyer is purchasing such semen ·as is. NO SEX GAURANTEES There are no representations as to the sex of offspring unless the seller makes a specific guarantee that offspring will be of a particular sex. DISCLOSURE OF GENETIC MATERIALS If seller retains any genetic materials of an animal being sold that can be used for cloning, the seller must disclose such fact to any potential buyers prior to the sale. PRIVILEGES OF RETURN OF 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 180 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 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 a female sold as "safe in calf" proves not to be in calf, the seller must make a satisfactory adjustment on the purchase price to the buyer or, at the buyer's option, refund the purchase price upon return of the animal to the farm of the seller. Any claim for adjustment or refund under this paragraph must be in writing to the seller within 180 days of the sale of the animal in question. 5) If a female represented as "safe in calf" to a certain bull at the time of sale proves to have been bred to a different bull, the seller must make a satisfactory adjustment on the purchase price to the buyer or, at the buyer's option, refund the purchase price upon 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 within 180 days of the birth of the calf. 6) If a female sold as "open" proves to be with calf, the buyer may return the animal to the farm of the seller prior to calving for a refund of the full purchase price or for another animal of equal value, whichever is acceptable to the buyer. Seller is responsible for all transportation expenses.
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