TERMS & CONDITIONS
Bidding Each animal will be sold to the highest bidder. The auctioneer will settle any disputes as to bids and his decision on such matters shall be final. Terms 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, until loaded for shipment or until the expiration of 48 hours after the sale, whichever occurs first. After 48 hours a maintenance fee of $3.50 per day will be assessed until pickup. Cash Sales All sales are for cash unless satisfactory credit arrangements have been made with the seller or GENEPLUS prior to the sale. Payment must be made within 30 days of the sale date. Parties not adhering to said settlement terms will be assessed a nominal interest charge by GENEPLUS. Sight Unseen Purchases Buyers may purchase cattle through GENEPLUS personnel at auction or private treaty without viewing the cattle. For sight unseen purchases, the buyer has the right of inspection at the time of delivery. If the animal is deemed unsatisfactory, it may be reloaded on the delivery truck at no obligation to the buyer. All transportation expenses will be the responsibility of GENEPLUS. If the purchaser is unable to view the animal upon delivery that purchaser would have one week to deem the animal as unsatisfactory. In this instance the buyer may, at their expense, return the animal to GENEPLUS for a refund of the purchase price. DVAuction purchases do not fall under this guarantee. Certificate of Registry A transferred certificate of registry will be furnished to the purchaser for each registered animal within 45 days of proper settlement. Health Interstate health papers suitable for interstate shipment will be furnished on all animals as required by federal and state regulations. Announcements Any changes from the information of any kind in this catalog will be provided in a sale day supplement sheet or announced from the auction block and such information shall take precedence over cataloged information. Breeding Guarantee 1. The seller guarantees all animals to be breeders with the exception of: a) Calves under 12 months of age at the time of sale; b) animals shown by purchaser after sale in which the breeding guaranteed (if any) shall be agreed upon between the seller and the buyer; c) animals who suffer injury or disease following the sale; d) animals subjected to gross negligence by willful misconduct on the part of the purchaser. 2. The seller guarantees that all bulls are breeders for a period of 90 days following the initial turnout date with buyers’ herd as long as this occurs within 60 days of date of sale. Or in the case of a bull purchased in the fall and not used until spring or vice versa they will be guaranteed for the 90 days from that first date as long as bulls have been kept in good condition and not run with other older mature herd bulls. This only applies to bulls that are at least 12 months old at time of sale and have not been allowed to run with the herd until at least 14 months of age. Seller does not guarantee death loss or injury. Any bull which settles cows by natural service and passes a fertility test made by competent veterinarians, mutually agreed upon by buyer and seller, during any six-month period of trial (provided for in paragraph 2 of the section of these sales terms and conditions entitled “Option and Privilege of Return and Adjustment”), shall be considered a breeder unless otherwise agreed by the buyer and the seller. The seller makes no guarantees with respect to the bull’s ability to freeze semen. 3. Cows with calves at their side are presumed to be breeders with no further fertility guarantee. 4. “Safe-in-calf” females are guaranteed by the seller to have been examined by a competent veterinarian or reproductive technician and determined to be safe-in-calf by examination or other proven method (e.g., ultrasound, pregnancy blood tests, and rectal palpation). 5. Exposed females are not guaranteed to be with calf. 6. “Open” females are guaranteed by the seller to be without calf. 7. Donor females: a.) Unless otherwise agreed by the buyer and the seller, a female that has been used in an embryo transfer program is not guaranteed to be a breeder after the date of the sale. b.) Unless otherwise agreed by the buyer and the seller, a female is not guaranteed to be a breeder after the date of the sale, when that female is to be used, or attempted to be used, in an embryo transfer program. c.) Virgin, open heifers that are placed in IVF or conventional embryo transfer prior to being confirmed bred will void any seller’s guarantee of breeding or embryo production. 8. The seller makes the following guarantees with respect to all “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 GENEPLUS 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. The seller does have the option on any animal’s claimed to be a non-breeder that the buyer, at his expense, return the animal to the seller and the seller has 180 days from the date the animal is returned to the seller’s ranch to conduct a trial to demonstrate the returned animal is a breeder. If the animal is confirmed to be a breeder during the test trial this 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. 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, either credit can be given for the purchase price of the female or a satisfactory animal agreed on by both parties to replace original female. Any claim for adjustment under this paragraph must be made in writing to GENEPLUS within 60 days of date of 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. Any claim for adjustment or refund under this paragraph must be made in writing to GENEPLUS 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 credit 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, credit the purchase price upon the return of the animal to the farm of the seller. Any claim for adjustment or credit under this paragraph must be made in writing to GENEPLUS on or before the first 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, credit the purchase price upon the return of the animal to the farm of the seller. Any claim for adjustment or credit under this paragraph must be made in writing to GENEPLUS 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 GENEPLUS, the ranch the sale is being held on, nor any other sale consultant or persons connected with the management of this GENEPLUS sale, assumes any liability, legal or otherwise. ERRORS & OMISSIONS GENEPLUS, as the selling agent, believes all printed information to be correct as provided by the IBBA and respective breeders on 9/1/2025 but does not asssume liablity as such. EPD’s are subject to change per monthly Genetic Evaluations and updated EPD’s will be provided on sale day at request. Any and all updated information, pedigrees, EPD’s etc provided on sale day and take precedence over printed materials.
Made with FlippingBook - Share PDF online