Page 19 - DVAuction Online Catalogs

AGA Recommended Terms & Conditions
TERMS: Terms of sale are cash unless satisfactory credit arrangements have been
made by the seller previous to the sale of any animal so affected.
BIDDING: All animals sell to the highest bidder. Any disputes or challenges
regarding bids shall be settled by the auctioneer and his decision shall be
final. Mailed or telephoned bids may be forwarded to the sale management or
auctioneer and will be handled with strictest confidence. Prior arrangements
for telephone bids at sale time must be made with sales management or the
auctioneer.
There are no warranties, expressed or implied, by either the auctioneer or
seller, except as set forth herein, as to the merchantability or fitness for any
particular purpose of any animal offered in this sale. The right to bid or the right
to reject the final bid, if done before the hammer falls, is reserved for the seller.
INSURANCE OF PURCHASES AND RISK: All animals are at the owner’s risk
and become the property of the purchaser when declared sold by the auction-
eer. Arrangements have been made to have insurance available when making
settlement.
ACCIDENTS: All precautions possible will be taken to protect the safety of
buyers and others attending the sale. Nevertheless, no responsibility will be
assumed by the auctioneer, sales management or the host farm in the event of
accidents or of loss or damage of property.
BREEDING GUARANTEES AND DEFINITIONS
FEMALES: Females are guaranteed to be breeders, with the exception of female
calves sold at side of dam, injury or disease occurring after time of sale, gross
negligence or willful misconduct on the part of the purchaser, females used in
ovum transplant after time of sale, females shown competitively after time of
sale, and cows with calf at side.
Cows represented as being “safe in calf” will have been examined by a
licensed veterinarian and are so guaranteed. They are considered breeders
without further guarantee. Females with a “due to calf” date in the remarks
columns are considered safe in calf. A bred female is a female known to have
been served by a bull either by natural breeding or artificial insemination, but
it does not necessarily mean that this female is safe in calf to that service. A
pasture-bred female is a female that has been exposed for the time stated, but
it does not necessarily mean that this female is safe in calf to that bull. An open
heifer is a virgin heifer that has never been exposed to a bull either through
natural service or artificial insemination. An open cow is a cow that has not
been exposed to a bull either through natural service or artificial insemination
since the birth of her last calf. Calves sold off their dams (split pairs) shall carry
the full breeding guarantee.
MALES: Bulls are guaranteed to be breeders (defined as the ability to settle
healthy cows by 18 months of age) with the exception of bull calves sold at
the side of their dam, injury or disease occurring to the animal after time of
sale, and gross negligence or willful misconduct on the part of the purchaser.
Any guarantees with respect to the ability to freeze semen shall be made by
separate agreement between the buyer and seller.
ADJUSTMENTS: The following adjustments do not preclude the right of buyer
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 time of sale or not later than six (6) months after the
animal reaches eighteen (18) months of age, whichever occurs first, with the
exception of claims involving misrepresentation of service sire or as otherwise
provided herein.
If a female is sold as “safe in calf” to a given sire or sires on a specified date
or dates and proves not to be represented, the buyer is entitled to a refund of the
purchase price from the seller upon return of the animal to the farm of the seller
at the seller’s expense. In the event an animal is claimed to be a nonbreeder,
the animal may be returned to the farm of the seller, at the buyer’s expense,
if in good physical condition and the return is in compliance with the health
requirements of the state where purchased. The seller shall
be entitled to a six (6) month trial period inwhich toprove the animal is a breeder,
the seller shall, at his option, replace the animal with another of equal value or
refund the purchase price. Either option shall be deemed full satisfaction and
settlement. Any animal returned will be at the purchaser’s risk. No guarantee is
given concerning a pregnant female’s gestation period or calf’s condition. The
seller is not responsible for damage caused by foreign bodies after the animal
has been sold nor for sickness not apparent at sale time.
If a female is sold as “open” and proves to be with calf at time of sale and
examined pregnant within sixty (60) days after sale, the buyer may return the
animal to the farm of seller prior to calving for a refund of the full purchase
price or for another mutually acceptable adjustment. It shall be the obligation
of the seller to bear all expenses incurred for transportation of the animal in
question to the farm of the seller.
Any adjustment provided herein, if selected, shall absolve the seller from
further liability.
HORNED-POLLED-SCURRED
DEFINITIONS AND GUARANTEES
HORNED: An animal with a horn growth affixed to the skull that has or has
not been removed.
POLLED/SCURRED: An animal with rudimentary horn growth that will not
develop into a horn. The rudimentary horn growth may or may not become
affixed to the skull at an older age.
POLLED: An animal with absence of horn growth. (An animal can have scurs
and still be genetically polled)
SMOOTH-POLLED: A smooth-polled individual has no scurs and does not
develop scurs later in life.
AGA REGISTRATIONS AND TRANSFERS: Each animal which is catalogued,
offered and sold as a registered animal has a certificate of registry available at
time of sale. When an animal is sold as “eligible for registry” or “registry ap-
plied for,” the seller shall be responsible for obtaining the certificate of registry
and for the proper transfer of the certificate to the purchaser including full
payment of transfer fees.
PURCHASER’S RISK: Each animal becomes the property of and therefore is also
the risk of the purchaser as soon as it is sold, except it shall be the obligation of
the seller to see that animals are fed and cared for free of charge to the buyer
until loaded for shipment or until the expiration of forty-eight (48) hours after
the sale, whichever occurs first.
ANNOUNCEMENTS: Any errors or changes in information contained in the
catalog will be announced from the auction block. Such announcements shall
take precedence over information contained herein.
RIGHTS AND OBLIGATIONS: The above terms and conditions of sale con-
stitute a contract between the buyer and seller of each animal and shall be
equally binding on both. Animals resold following purchase in this sale shall
constitute a separate transaction and the rights and obligations of the parties
connected thereto are not covered by the above terms and conditions of this
sale. Neither the host farm, auctioneers, nor any other person connected with
themanagement or conduct of this sale assumes any liability, legal or otherwise,
except as set forth above.
HOMOZYGOUS BLACK HOMOZYGOUS POLLED WARRANTY
Allwarrantiesregardingcattlebeinghomozygousblackorhomozygouspolled,
or both, are agreements between the original buyer and seller and extend only
to the original buyer. The liability of the seller shall not exceed the amount of
the original purchase price and the seller must be notified in writing within
24 months following the date of purchase for this warranty to be enforceable.
In the event an animal sold as homozygous black or homozygous polled
is determined to be heterozygous for the warranted trait, the seller will make
satisfactory replacement or refund the purchase price within a reasonable time.
The seller must have the opportunity to inspect the calf in question and, at his
cost, blood type or DNA test the calf and its parents and perform such other tests
as necessary to confirm that the calf is heterozygous for the trait in question.
DISCLAIMER
These terms and conditions of sale are recommended by the American Gelb-
vieh Association (AGA) as a guide for use by its members and auction sales of
breeding animals. These terms and conditions of sale shall constitute a contract
between the buyer and seller of each animal and be equally binding on both.
The AGA assumes no liability, legal or otherwise for the enforcement of these
terms and conditions of sale, or for the failure of either buyer or seller, or their
agents to perform their duties and obligations thereunder.