LEGAL TERMS AND CONDITIONS
The Red Angus Association Terms and Conditions will apply if the terms and conditions printed here are not applicable.
BIDDING DISPUTES :The auctioneer in charge will settle any disputes as to bids. His decision on such matters shall be final. TERMS :The terms of the sale are cash; the right of property shall not pass until after settlement is made. All settlements will be made with the clerks of the sale immediately following the conclusion of the sale and before any cattle will be released from the ranch. RETAINED INTEREST :We are retaining 1/2 interest in all bulls in the sale. We are selling the remaining 1/2 interest, full possession, and full salvage value on these bulls. This option gives Bieber Red Angus Ranch the option to collect, use and market semen from the bull, and does not restrict the purchaser from doing the same. This collection, unless agreed otherwise, would be done at the expense of Bieber Red Angus Ranch, at the buyer’s convenience. Also at the time of purchase, the highest bidder on a retained interest bull may elect to purchase exclusive semen rights for 100% of the purchase price in addition to the purchased price on retained bulls. If a buyer elects to purchase exclusive semen rights, Bieber Red Angus Ranch’s interest then becomes in herd use only. Bieber Red Angus Ranch retains all rights to use the bull within their herd. SEMEN RIGHTS : Buyers receive semen rights proportional to the interest purchased. If you purchase a 1/2 interest, then you are entitled to 1/2 of the semen collections at cost, provided that you indicate you want semen prior to collection. We intend to collect some of the bulls in the sale and sample them in our herd. We will cooperate with the buyer in collection of the bull. We prefer to collect most bulls after the first season of use, and we will contact the buyer when we intend to collect the bull at a time convenient for the buyer. PURCHASER’S RISK : Each animal becomes the risk of the purchaser as soon as sold. Animals will be fed, watered and cared for at the purchaser’s risk for a reasonable time. CERTIFICATE OF REGISTRY : A certificate of registry and transfer will be furnished for each animal sold as a registered animal, after settlement has been made. HEALTH : All cattle will have official health certificates and will sell guaranteed export to Canada. Canadian health certificates will be charged at cost on animals selling under $4000. ANNOUNCEMENTS : Changes of information contained in this catalog relating to the animals offered for the sale will be announced from the auction block and such announcements shall take precedence. Errors discovered in the catalog will be corrected by announcements at sale time, and such corrections will take precedence over the printed matter in this catalog. BREEDER’S GUARANTEE : 1. All animals are guaranteed breeders, with the exception of: a) calves under twelve months of age; b) animals shown by Purchaser after sale (in cases of animals shown after purchase, the breeding guarantee, if any, shall be such as agreed upon between Seller and Buyer) c) any open heifer that has been flushed for embryo transfer; or d) gross negligence or willful misconduct on the part of the Purchaser. 2. Bulls are guaranteed breeders if not allowed to run with the herd until at least 14 months of age. Any bull which either: a) settles 1/3 or more of the healthy cows he serves; b) is the sire of 20 or more animals; or c) settles cows by natural service and passes a fertility test made by a competent veterinarian during any 6 month period of trial (provided for in paragraph 2 of the section of these sale terms and conditions entitled “Options and Privileges of Return or Adjustment”) shall be considered a breeder. Any guarantee with respect to the ability to freeze semen shall be by separate agreement between Buyer and Seller.
IDENTIFICATION : Each animal carries an EID tag for identification.That EID corresponds with the ID of the animal and is recorded with the Red Angus Association. Tag numbers on the cattle correspond with lot numbers in this catalog. Purchaser agrees to use full name of animal in advertising and on stall cards at shows. OPTIONS AND PRIVILEGES OF RETURN OR ADJUSTMENT : 1. All claims for adjustment or refund must be made in writing either within six months of the sale date or no later than six months after the animal reaches 18 months of age, with the exception of claims involving defects or parentage. 2. In the event an animal is claimed to be a non-breeder, the animal may be returned to the farm of the Seller if in good condition and complying with the health requirements of the Seller’s state. The Seller shall be entitled to six months’ trial following the return of the animal in which to prove the animal is a breeder. The Seller shall, at the option of the Buyer, replace the animal with another of equal value or grant the Buyer a credit for use on any products marketed by the Seller. Such credit of the full purchase price shall in any case be deemed full satisfaction and settlement. Any expense incurred for transporting an animal claimed to be a non-breeder shall be the responsibility of the Purchaser, except that the Seller shall be responsible for the transportation costs in excess of the distance between the Purchaser’s farm and the location where the sale took place. If the Seller proves the animal is a breeder, it shall be the obligation of the Purchaser to take delivery of the animal and pay all expense incurred for transportation. 3. If a female sold as “safe in calf” proves not to be in calf, the Purchaser may receive service from the bull previously used, if available, or if the bull is not available, the Seller shall be obligated to make a satisfactory adjustment on the purchase price upon return of the animal to the farm of the Seller. Any adjustment provided for herein shall absolve the Seller from further liability, except in case such female proves to be a non-breeder. If a female represented as “safe in calf” at time of sale to a certain bull proves to have been bred to a different bull, the Seller shall be obligated to take a satisfactory adjustment on the purchase price upon return of the animal to the farm of the Seller (adjustments shall not be considered to a breeding fee or an allocation of the purchase price to any unborn calf). Any expenses incurred for transportation shall be the responsibility of the Purchaser, except that the Seller shall be responsible for the transportation costs in excess to the distance between the Purchaser’s farm and the location where the sale took place. 4. If a female sold as “served” proves not to be in calf, or if a female sold as “pasture-bred” proves not to be in calf, the Seller only guarantees such female to the breeder. 5. If a female sold as “open” proves to be with calf, the Purchaser may return the animal to the farm of the Seller prior to calving for a credit of the full purchase price or for another animal of equal value, whichever is acceptable to the Purchaser. It shall be the obligation of the Seller to bear any expense incurred for transportation. LIABILITY : Neither owners, sale managers, clerks nor anyone connected with the sale assumes responsibility, legal or otherwise, for damages of any kind. CONTRACT :The above terms and conditions shall constitute a contract between the buyer and seller of each animal sold. IMPLIED WARRANTY : Except for those stated in the terms and conditions, there are no warranties, either expressed or implied, as to merchantability or fitness for a particular purpose with respect to the cattle being sold in this auction. The warranties set forth in terms and conditions are in lieu of all other warranties, either expressed or implied, and the remedies proved therein shall be the sole and exclusive remedy of the buyer, or any part claiming through buyer, for any breach of warranty or guarantee therein provided and all other obligations or liabilities.
All guarantees are limited to the amount of the purchase price. Open females have not been served and are so guaranteed.
Bieber Fever in the Southeast 30
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