TERMS & CONDITIONS
“pregnant recipients”: (i) that the female is pregnant, (ii) that the resulting calf is of the pedigree represented, and (iii) that the resulting calf is of the sex represented (if so represented). SEMEN 1. 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 performance or characteristics of such semen and the buyer is purchasing such semen “as is.” EMBRYOS 1. Embryos being offered for sale will be sold “as is” unless the seller provides additional guarantees. 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 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 made in writing to the seller within 30 days of the sale. 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 on or before the first anniversary of the date of sale. 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. The Seller is responsible for all transportation expenses. 7. 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 satisfactory adjustment on the purchase price only 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. Those animals upon which parentage verification has been recorded with the IBBA will be so noted in the sale catalog or in a supplement sheet. At time of purchase it becomes the buyer’s responsibility to adhere to the rules of the IBBA regarding parentage verification for animals used for semen and embryo production. 8. 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. 9. 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. RIGHTS AND OBLIGATIONS The above terms and conditions of sale shall constitute a contract between the buyer and seller of each animal and shall be equally binding upon both. Other than the guarantees and warranties stated above, no other warranties or guarantees are expressed or implied. Each sale or resale of an animal constitutes a separate transaction. Neither Cavender Ranches, the ranch the sale is being held on, nor any other sale consultant or persons connected with the management of this Cavender Ranches sale, assumes any liability, legal or otherwise.
APRIL 26-27, 2024 | CAVENDER’S NECHES RIVER RANCH | 63
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