Except for those stated in the below terms and conditions, there are not warranties, either expressed or implied, as to merchantability or fitness for a particular purpose with respect to the cattle being sold at this auction. The warranties and guarantees are set forth in these 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 of the purchaser or any party claiming through purchaser, for any breach of warranty or guarantee therein provided, and all other obligations or liabilities. BIDDING Each animal will be sold to the highest bidder. The auctioneer in charge will settle any disputes as to bids, and his decision on such matters shall be final. TERMS of the sale are cash or check to the clerk at the conclusion of the auction. Animals are not to leave until paid for in full. PURCHASER’S RISK Each animal will be at the Purchaser’s risk 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 (72) hours after the sale for animals being picked up by the Purchaser. Animals being delivered will be cared for at no charge until delivered. ANNOUNCEMENTS & SALE DAY SUPPLEMENT Printed information on the sale day supplement takes precedence over printed information in this catalog. Announcements from the auction block will take precedence over printed material in this catalog and on the sale day supplement. All animals will be sold by lot number as announced from the auction block. Every effort has been made to assure correctness of the catalog, and in most cases, information quoted concerning the animals is taken from the respective breed association’s official records. PERSONAL LIABILITY All persons who attend the sale do so at their own risk and the R.A. Brown Ranch, its employees, cooperators, consignors and all other person connected with the management of the sale, assume no liability, legal or otherwise. IDENTIFICATION Seller offers each registered animal with a readable tattoo corresponding to its catalog designation and registration when applicable. REGISTRATION TRANSFER If you want registration certificates transferred to you, this request must be made with the sale clerk at settlement on sale day or within twenty (20) days thereafter by written notification. After twenty (20) days, the transfer fees will be the responsibility of the Purchaser. All registration certificates will be withheld until the check clears the bank. Registration certificates will be mailed to you within ninety (90) days of date of sale. Inform the clerk when checking out if you need them sooner than ninety (90) days. HEALTH CERTIFICATES will be furnished on all animals going outside of Texas as soon as all required testing is complete. Some states require testing that may take several days to receive the results before our veterinarian can complete the health certificate to send cattle to your state. BULL BREEDING GUARANTEE 1. All animals are guaranteed to be breeders with the exception of: a) Injury or disease occurring to the animal after time of sale; b) Gross negligence or willful misconduct on the part of the purchaser; c) Animals shown competitively after being purchased in this sale. 2. 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 trial (provided for in the section of these sale terms and conditions entitled “Options and Privileges of Return or Adjustment”) shall be considered a breeder. Any guarantees with respect to the ability to freeze semen shall be made by separate agreement between the Purchaser and Seller. REGISTERED FEMALE BREEDING GUARANTEE 1) Safe-in-calf females have been examined by a competent ultrasound or palpation technician and are so guaranteed. All females that have been diagnosed safe in calf, have a projected calving TERMS & CONDITIONS
date or date range printed in this catalog or in the sale day supplement. All projected due dates and emGyo sexing are best estimates only and are not guaranteed. Please remember that it is normal for females to give birth throughout the two weeks either side of their projected due date. 2) AI or pasture exposed females have been exposed, but are not guaranteed safe in calf. They are guaranteed to be breeders. 3) Open females have been examined open and are so guaranteed. Open females are guaranteed to be breeders or produce viable embryos if the Purchaser chooses to put the cow into embryo transfer. 4) Donor Females a) A female which has been used in an embryo transfer program and sells open is not guaranteed to be a breeder after date of sale unless by separate agreement between the Purchaser and seller. b) A female is not guaranteed to be a breeder after date of sale when that female is to be used, or attempted to be used in an invitro fertilization (IVF) program or embryo transfer program, unless by separate agreement between the Purchaser and seller. c) There is no guarantee as to the suitability of any female for embryo transfer. COMMERCIAL FEMALE BREEDING GUARANTEE All Commercial Females that sell safe in calf have been determined pregnant by a competent ultrasound or palpation technician and are guaranteed to be pregnant through December 1st following this sale. Any commercial females that have a calf at side at the time of delivery (per delivery terms as stated in the catalog) shall be sold as open and ready to breed, and with no further guarantees. It is common for a small percentage of females to lose a pregnancy between palpation and calving. If you determine that one of the commercial females is not pregnant prior to May 1st, then please call us and you will be reimbursed by the seller of the heifers the difference between her purchase price and the salvage value you receive for her. SELLER’S SEMEN RIGHTS 1) Seller retains a 50% revenue sharing semen interest and no possession, in every bull in this catalog unless otherwise noted in this catalog or in the sale day supplement. Future semen collections of the bull must be made known to all owners prior to collecting. These collections and costs will be divided according to each owner’s interest, unless otherwise agreed upon mutually by all owners prior to collection of said semen. 2) On any bull in the sale which is collected in the future, Seller reserves the right to 100 straws of semen with registration rights and will pay their portion of the collection costs. 3) Further official terms for this section are described at the front of this catalog entitled “Retained Interests in Bulls.” OPTIONS & PRIVILEGES OF RETURN OR ADJUSTMENT 1) The following adjustments do not preclude the right of the Purchaser and seller to mutually agree upon other terms and conditions for settlement of any dispute. All claims for adjustment or refund must be made in writing either within six (6) months from the date of sale or no later than when the animal reaches 24 months of age, whichever occurs later, with the exception of claims involving parentage or defects. 2) All returns or refunds will be paid in the form of a replacement animal of similar quality or in credit for use on any products marketed by the seller. a) This credit will be limited to the purchase price less the salvage value of the animal. b) Salvage value = Market price x greater of “current weight” as taken in September prior to the sale or the animal’s current weight at the time of salvage, whichever is greater. 3) In the event an animal is claimed to be a non-breeder, the animal may be returned to the ranch of the Seller, at Purchaser’s expense, if in good physical condition, and the return is in compliance with the health requirements of the Seller’s state. The Seller shall be entitled to a six (6) month trial period following the return of the animal in which to prove that the animal is a breeder. If at the end of six (6) months the Seller is unable to prove the animal is a breeder, the seller shall, at the option of the Purchaser, replace the animal with another of similar value or grant the Purchaser a credit on any products marketed by Seller. Either of these options shall be deemed full satisfaction and settlement. If the Seller proves the animal to be a breeder, it shall be the obligation of the Purchaser to take delivery of the animal and pay all expense incurred for transportation. 4) If a registered female sold as “safe-in-calf” proves not to be in calf (by the projected due date listed in the catalog or sale day supplement), 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 credit or refund the Purchaser $400. 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 reimburse the Purchaser up to $600 (adjustments shall not be considered to be 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. 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 similar value, whichever is acceptable to the Purchaser. It shall be the obligation of the Seller to bear any expense incurred for transportation. GENETIC CONDITION, DEFECT & PARENTAGE GUARANTEE 1) Technology is helping identify numerous genetic conditions that have been in the general cattle population for many years. Those known today include: Arthrogryposis Multiplex (AM), Double Muscling (DM), Dwarfism (DW), Hypotrichosis (HY), Alpha-Mannosidosis (MA), Neuropathic Hydrocephalus (NH), Osteopetrosis (OS), Protoporphyria (PR), Pulmonary Hypoplasia with Anasarca (PH), Syndactyly (SN) (Mule Foot), Tibial Hemimelia (TH), Neuropathic Hydrocephalus (NH), Contractural Arachnodactyly (CA) (Fawn Calf Syndrome), Parrot Mouth and Developmental Duplications Mutation (DD). Most of these are believed to be simple recessive in inheritance. These condition can be effectively managed by strategic DNA testing and avoidance of breeding carrier females to carrier bulls. All potential carriers of any of these defects will be tested with the results printed in this catalog or in the Sale Day Supplement. Animals tested as a carrier of one of these genes are noted with a (C) after the abbreviation. In the case that an animal is homozygous for that gene, then they will be listed with an (A) after the abbreviation. The parentage of the animals bred by the Seller is guaranteed to the extent that the animal is by the Sire and out of the Dam indicated on its registration paper. These guarantees are effective for a period of two years from the date of sale only under the following conditions. a) The Purchaser shall notify the Seller in writing immediately upon the birth of a calf suspected of being defective or immediately after determination is made that such calf is defective, or if parentage is suspected or found to be in error. b) The Seller, at his expense, shall be permitted and provided, with reasonable opportunity, to obtain DNA samples of an alleged defective calf and its sire and dam for the purpose of DNA analysis to establish parenthood. In the case of suspect parentage, the Purchaser at his expense, shall be permitted and provided with reasonable opportunity to obtain DNA samples of the animal in question and its sire and dam for the purpose of blood type/DNA analysis to establish parenthood. If sire or dam is indicated on the animals registration paper is proven to be in error by such analysis, the Seller shall reimburse Purchaser for cost of such analysis. c) The animals will be returned by the Purchaser to the Seller at the Purchaser’s expense; provided the animal meets the health requirements for the Seller’s state. d) The replacement of an animal with another of similar value or the refund of the purchase price, in connection with a defect producing animal or an animal whose parentage is in error, shall be deemed full satisfaction and settlement. 2. In the event there is a dispute as to whether or not a calf is defective, or parentage is in error, “determination “referred to in Paragraph 1A above shall be made by a person or persons acceptable to both the Purchaser and Seller. In the event that the Purchaser and Seller cannot agree on the selection of such person or persons, then each of them shall appoint a representative to make the determination. In the event that such representatives fail to agree, a third person selected by the representatives of the Purchaser and Seller shall make the determination. RIGHTS AND OBLIGATIONS The terms and conditions of sale shall constitute a contract between the Purchasers and Sellers of each animal and shall be equally binding upon both. Any subsequent sale or resale of an animal constitutes a separate transaction.
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