TERMS AND CONDITIONS
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 and 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 the buyer, for any breach of warranty or guarantee therein provided, and all other obligations or liabilities. BIDDING: Each animal will be sold to the highest bidder without reserve. The auctioneer in charge will settle any disputes as to bids and his decision will be final. TERMS: Terms of the sale are cash unless satisfactory credit arrange- ments have been made with the vendor prior to the sale. PURCHASER’S RISK: Each animal becomes the risk of the purchaser as soon as sold; but it shall be the obligation of the seller to see that animals are fed and cared for, free of charge to purchaser for a specified length of time. CERTIFICATE OF REGISTRY: A transferred certificate of registry will be furnished to the purchaser for each animal at no cost to the buyer within sixty (60) days after settlement. Give full name and address to the clerk when making payments so the Certificate of Registry will be transferred properly. HEALTH: All animals are eligible for interstate shipping except for those otherwise noted. Interstate health papers will be furnished for each animal requiring T.B. and Bangs tests in accordance with Federal Regulations. A verification of vaccination will be furnished for each animal under 2 years of age that has been vaccinated for Bangs disease. BREEDING GUARANTEE: 1. All animals are guaranteed to be breeders with the exception of purchaser after sale (in cases of animals shown such as agreed upon between the seller and the buyer), or in the event
of (1) injury or disease occurring after sale or (2) gross negli- gence or willful misconduct on the part of the purchaser.
COMMERCIAL BRED HEIFERS: Any female is considered a breeder if she is pregnant at the time of sale. Commercial bred heifers have been certified safe in calf by a veterinarian or ultrasound technician within 30 days of sale (certification is mailed to buyers after completion of sale). Pregnant heifers are considered breeders without further guarantee. OPTIONS AND PRIVILEGES OF RETURN OR ADJUSTMENT: 1. All claims for adjustment or return must be made in writing within six months of the sale date or no later than six months of age. 3. Any animal that has not proven itself a breeder within the time limits specified above, if in healthy condition, may be returned to seller at buyer’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 at buyer’s expense. Should the animal fail to breed, the buyer, at his option, may either demand return of the purchase price or replacement of the animal or pair with another of equal value. In case a pair is returned because the cow is determined to be a nonbreeder, the calf must also be returned. RIGHTS AND OBLIGATIONS: (A) The above terms and conditions of sale constitute a contract between the buyers and sellers of each animal and shall be equally binding upon both. (B) Animals resold following purchase in this sale 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 the owners or any person connected with the management of the sale or sale facility assume no liability, legal or otherwise, for any accidents which may occur.
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