Sale 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 for the Buyer, or any party claiming through Buyer, for any breach of warranty or guarantee therein provided, and all other obligations or liabilities. The information in the catalog is believed to be accurate, and the information seller believes to be most representative. It is the nature of seller’s business that the seller engages in a continual process of collecting new data and information. Therefore, any information presented at the time of sale is always subject to revision, correction or update.
I. BIDDING The Auctioneer in charge will settle any disputes as to bids, and his decision on such matters shall be final. II. TERMS Terms of sale are cash or personal check unless satisfactory credit arrangements have been made with vendor prior to sale. III. 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, until loaded for shipment or until the expiration of 48 hours after the sale, whichever occurs sooner. IV. DELIVERY For any animals for which seller’s arrange delivery, the following terms shall apply. Each animal becomes the risk of the purchaser as soon as sold, and through the time of delivery. The seller will arrange transportation and delivery schedules, and may combine animals from one or more purchasers for convenience and to reduce costs. If delivery is arranged, seller assumes no other liability. Once the purchaser has been notified of the date and approximate time of delivery (morning, afternoon, evening, etc.), it is the responsibility of the purchaser to arrange adequate and agreeable location and facilities for unloading each animal. When unloaded at the agreed upon location, all care and management of the animal is the responsibility of the purchaser. V. CERTIFICATE OF REGISTRY A transferred certificate of registry will be furnished to the purchaser for each animal for which a Registration number is listed. VI. HEALTH All animals are eligible for interstate shipment, except as otherwise announced. Interstate health papers will be furnished for each animal requiring T.B, Bang’s, and trich tests in accordance with federal and The percentage of ownership interest received by the buyer, whether it is 100% or 2/3 or otherwise as defined in the catalog or by the auctioneer, may not be subsequently divided without the express written consent of the seller. VIII. ANNOUNCEMENTS Any changes from information of any kind in this catalog will be announced from the auction box and such announcements shall take precedence. IX. BREEDING GUARANTEE Any female that has had a calf prior to the date of sale shall be considered a breeder without further guarantee. All females sold as ‘bred’ or ‘pregnant’ have been pregnancy checked by a licensed veterinarian and are guaranteed bred on the day of sale. The purchaser may elect to have any female so listed rechecked at their cost within 30 days of delivery by a licensed veterinarian of their choice. Any such female determined open by this recheck may be returned to the seller for a full refund. Due to conditions out of seller’s control, once a female leaves seller’s possession, this is the only guarantee offered. state regulations. VII. DIVISIBILITY
All bulls are sold as guaranteed breeders. Each bull has been officially fertility tested as “Satisfactory Breeder” prior to the sale. However, seller cannot guarantee against physical injury or illness following the sale. But if within 8 months following the sale, the buyer has evidence that the animal is not a breeder, the buyer may obtain a statement signed by a licensed veterinarian to that effect, such statement also indicating that there has been no injury or illness to the animal following the sale, and return the bull to the farm of the seller for adjustment. If the seller cannot then prove the animal to be a breeder, an adjustment will be made by the seller, either by substituting an animal of equal value, or by the refund of the full purchase price. Such adjustment shall be considered full settlement and satisfaction of all claims. No guarantees All parentage and pedigrees presented in the catalog are believed accurate based upon the breeding and DNA information we have available. However, parentage and pedigree information cannot be guaranteed 100%, because it is always possible that new information or new DNA technology and testing might show that there have been inadvertent errors. apply to animals which are shown following the sale. X. GENETIC DEFECT GUARANTEE AND PARENTAGE Osteopetrosis: The Red Angus Association along with animal scientists have developed a DNA marker test for osteopetrosis (OS), a genetic disorder which in rare instances can cause the loss of a calf at birth. Since the test was developed, Beckton has tested every sire being used in our breeding program. Only one sire, from outside our program, tested positive as a carrier of the gene. Every sire bred and raised at Beckton has tested ‘Free’. All of our major semen sires have also been tested ‘Free’. We guarantee every sale animal to be OS Free, and if you have a concern, we will have any sale animal tested on request. If an animal were to test positive, we would replace the animal or refund the purchase price. The testing we have done shows no incidence of occurrence in any Beckton bloodlines for the past 30 years, and so we believe there is no safer herd than ours. XI. RETAINED INTEREST AND SEMEN RIGHTS: Beckton is selling full possession and one half semen interest in all the bulls in the catalog. Seller is retaining one half interest in all bulls in the catalog. This is done so we can use some of the bulls in herd and reserve the right to collect and market semen on these bulls. Any collection on our behalf would be at our expense and could be done during the off-season and at the convenience of the buyer. The buyer would have the option to share in the collection and retain semen for the buyer’s use also. If semen is marketed by either party, Seller receives one half royalty interest on gross semen sales, and buyer receives one half interest. Regardless of semen collection and marketing, the buyer retains full possession, full pasture use rights, and full salvage value in these bulls. XII. RIGHTS AND OBLIGATIONS A. 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. Each sale or resale of an animal constitutes a separate transaction. B. Neither the sale manager, the owner, nor any other person connected with the management of the sale, assumes any liability, legal or otherwise.
Beckton Fall Production Sale
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