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 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 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: settlement. HEALTH
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). Upon purchase, purchaser must re- examine females for pregnancy within 30 days of sale date and contact Cavender Ranches personnel in the event a pregnancy has been lost. 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 gaurentee of breeding or embryo production. 8. The seller makes the following guarantees with respect to all
66 | CAVENDER RANCHES ANNUAL SPRING FEMALE SALE
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