7) 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 buyer, refund the purchase price upon the return of the animal to the farm of the seller. 8) 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 buyer'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 second anniversary of the date of the sale. 9) If the resulting calf of a pregnancy is not of the sex represented at the time of the sale, the seller is obligated to make a satisfactory adjustment on the purchase price to the buyer or, at the buyer'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 date of the sale. 10) 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, GENETIC DEFECTS AND FACTORS: REQUIRED DISCLOSURES RELATING TO CERTAIN TEST RESULTS OR POTENTIAL CARRIER STATUS OF AN ANIMAL: 1) In advance of any sales of an animal, the seller shall have the affirmative duty to notily any potential buyer of any test results in which an animal for sale has tested positive (under a test and at a laboratory approved by BBU) as a carrier of any genetic defect or genetic factor recognized by BBU. 2) The seller guarantees that a bred female will not produce a calf with an inherited deformity occurring in Bovine for a period of nine months following date of sale. 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 Suggested 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 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 OF 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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