7. BREEDING GUARANTEE: (A) All animals are guar- anteed to be breeders with the exception of (1) injury or disease occurring after sale; (2) negligence or willful misconduct on the part of the purchaser. (B) Any female is considered a breeder if she is pregnant at the time of sale and/or she has a calf at side. (C) Any bull which either (1) produces viable semen; (2) settles 1/3 or more of the healthy cows he serves; (3) is the sire of 20 or more animals or; (4) settles cows by natu- ral service and passes a fertility test made by a compe- tent veterinarian during any six month period trial, shall be considered a breeder.
Except for those stated in the below terms and condi- tions, there are no warranties, either expressed or implied, as to the merchantability or fitness for a partic- ular 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 of the buyer, or any party through buyer, for any breach of war- ranty or guarantee therein provided, and all other obli- gations or liabilities. 1. BIDDING: Each animal will be sold to the highest bidder without reserve. The auctioneer in charge will settle any disputes as to bids, and his decision shall be final. 2. TERMS: All terms are cash or check. Settlement must be made to the clerk at the conclusion of the auction. 3. PURCHASER’S RISK: Each animal becomes the risk of the purchaser as soon as sold, but will not be deliv- ered until settlement has been made. 4. CERTIFICATE OF REGISTRY: When full settlement has been made, a certificate of registration will be fur- nished and transferred to the purchaser on those lots that are registered. Give full name and address to the secretary when making payment so the Certificate of Registry will be transferred properly. 5. HEALTH: All animals where possession is sold are eligible for interstate shipment except as otherwise noted. The cattle have been tested for Tuberculosis and Bangs disease within thirty (30) days of the sale date or come from a Brucellosis Certified Free Herd. A health certificate will be furnished. 6. ANNOUNCEMENTS: Announcements from the auc- tion box will take precedence over the printed matter in this catalog. All cattle will be sold by lot numbers as announced by the auctioneer.
8. MAIL BIDS: Phone, mail or wire bids, may be fur- nished in confidential form.
9. OPTIONS AND PRIVILEGES OF RETURN OR ADJUSTMENT: A. All claims for adjustment or refund must be made in writing within six (6) months of the sale date. B. Any animal that has not proven itself a breeder within the time limits specified above, if in healthy condition, may be returned to seller at buyer’s expense. The seller reserves the right and privilege of trying for a period of six (6) months to prove the ani- mal a breeder. If proven a breeder, the animal will be returned at buyer’s expense. Should the animal fail to breed, the buyer, at his option, may either demand return of the purchase price or replacement of the animal with another of equal value. C. Any animal returned must have a veterinarian’s certificate that it is healthy and free of Bangs and Tuberculosis. 10. RIGHTS AND OBLIGATIONS: 1. 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. 2. All persons who attend the sale do so at their own risk and the owners nor any person connected with the management of the sale assume any liability, legal or otherwise, for any accidents which may occur.
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