TERMS & CONDITIONS
represented (if so represented). SEMEN
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 Cavender Ranches prior to the sale. Payment must be made within 30 days of the sale date. SIGHT UNSEEN PURCHASES Buyers may purchase cattle through Cavender Ranches 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 Cavender Ranches. 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 Cavender Ranches 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. 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
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 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. 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.
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