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ASA SUGGESTED SALE TERMS AND CONDITIONS
BIDDING AND APPLICABLE LAW: All cattle listed in this offering comply with prevailing
sale terms and conditions as set forth by the laws of the state wherein the sale is conducted.
There are no warranties, eXpressed or implied, by either the auctioneer or consignor, except
as set forth herein, as to the merchantability of 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 all sellers unless otherwise announced from the sale block
or as prohibited by law in the state wherein the sale is being conducted.
ANNOUNCEMENTS:Any change of information other than in the catalog will be an-
nounced from the auction block and such announcements shall take precedence over
printed material. All statements made from the auction block or those made by the seller (in
private treaty) must be documented by seller if requested by the buyer at time of sale.
TERMS: Terms of sale are cash unless satisfactory credit arrangements have been
made with the seller previous to the sale of any animal so affected.
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 purchaser, until loaded for shipment or
until the expiration of twenty-four (24) hours after the sale, whichever occurs first.
HEALTH REQUIREMENTS:
1. All cattle entered for sale must meet the health regulations of the state in which they
are sold. All other agreements regarding the health of the animal will be between the buyer
and seller and should be documented in writing.
2. If sale cattle are returned to the seller for an adjustment, they must meet the health
requirements of the state they are returned to.
CERTIFICATE OF REGISTRY: Each animal which is catalogued, offered and sold as a
registered animal shall have a certificate of registry available at time of sale. When an animal
is sold as “eligible for registry” or “registry applied for”, the seller shall be responsible for ob-
taining the certificate of registry and for the proper transfer of the certificate to the purchaser
including full payment of transfer fees.
IDENTIFICATION: Each animal at time of sale must have a readable tattoo or brand
corresponding to that shown on the certificate of registration.
AUTHENTICITY OF PEDIGREE: When an animal, through parental validation, is deter-
mined to have an ancestry other than that reported on the registration certificate, the buyer
shall be 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. The animal in question, at the buyer’s option,
may be exchanged for another animal of equal value, or if agreeable with the buyer, the
seller may have the certificate returned to the buyer. Any adjustment provided herein, if se-
lected, shall absolve the seller from further liability for authenticity of pedigree to the buyer.
BREEDING GUARANTEES AND DEFINITIONS:
1. Females are guaranteed to be breeders, with the exception of:
a) Female calves sold at side of dam
b) Injury or disease occurring to the animal after time of sale
c) Gross negligence or willful misconduct on the part of the purchaser
d) Females used in ovum transplant after time of sale
e) Cows sold with calf at side or a female that calves after sale to a breeding prior to
the date of sale
f) Females shown competitively after sale
2. Bulls are guaranteed to be breeders (definition as the ability to settle healthy cows by
the time the bull is 18 months of age) with the exception of:
a) Bull calves sold at side of dam
b) Injury or disease occurring to the animal after time of sale
c) Gross negligence or willful misconduct on the part of the purchaser
d) Bulls shown competitively after sale
3. Any guarantees with respect to the ability to freeze semen shall be made by separate
agreement between buyer and seller.
4. Safe in calf females are females that have been diagnosed pregnant by a competent
veterinarian, and are pregnant at time of sale.
5.Abred female is a female known to have been served by a bull either by natural breed-
ing of artificial insemination, but it does not necessarily mean that the female is safe in calf
to that service.
6. Apasture bred female is a female that has been pastured with a designated bull and
has been exposed for the time stated, but it does not necessarily mean that this female is
safe in calf to that bull.
7. An open heifer is a virgin heifer that has never been exposed to a bull either
through natural service or artificial insemination.
8. An open cow is a cow that has not been exposed to a bull either through natural
service or artificial insemination.
9. Calves sold off their dams (split pairs) shall carry the full breeding guarantee.
PRIVILEGE OF PURCHASER TO EXAMINE: The purchaser of a female animal may
have her examined within twenty-four (24) hours after the fall of the hammer and prior to
removal from sale premises. The pregnancy status of breeding status of an female so ex-
amined, when found not to be as represented at the time of sale, is cause for the female to
be returned to the seller as unsold.
EMBRYO TRANSFER:
1. Sellers should provide upon request a complete history of embryo transfer activity for
any female offered for sale.
2.Withholding information on the existence of frozen embryos at the time of sale would
be considered an unethical practice.
HORNED-SCURRED-POLLED:
DEFINITIONS:
1. HORNED — An animal with a horn growth affixed to the skull that has or has not
been removed.
2. 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.
3. POLLED — An animal with absence of horn growth. (An animal can have scurs and
still be genetically polled.)
4. SMOOTH POLLED — Asmooth-polled individual has no scurs and does not develop
scurs later in life.
GUARANTEES:
1. If an animal is sold as polled or polled/scurred and proves to be horned, the seller
shall be obligated to refund the purchase price upon return of the animal to the farm of the
seller at the expense of the seller or may be exchanged for a polled animal of equal value
whichever is acceptable to the buyer. The buyer has thirty (30) days from date of sale to
notify the seller that an adjustment is in order.
2. If an animal is sold as smooth-polled and proves to be scurred, the seller shall be
obligated to refund the price upon return of the animal to the farm of the seller at the expense
of the seller or at the buyer’s option shall be exchanged for a smooth-polled animal of equal
value.
3. If an animal is sold as polled and develops scurs, the seller will not be obligated to
make any adjustment as a scurred animal is considered polled.
4. If an animal is sold as polled and has scurs, it shall be so announced at the time of
sale that the animal has scurs. If it is not announced and the buyer finds before the animal
leaves the sale premises that the animal has scurs, the buyer must notify the seller of the
findings. The seller shall then be obligated to refund the purchase price.
OPTIONS AND PRIVILEGES OF RETURN OR ADJUSTMENT:
The following adjustments do not preclude the right of the buyer and seller to
mutually agree upon other terms and conditions for settlement of any dispute.
1. All claims for adjustment or refund must be made in writing either 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
misrepresentation of service sire or as otherwise provided herein.
2. 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
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 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 buyer, replace the animal with another equal value
or refund the purchase price. Either option shall be deemed full satisfaction
and settlement.
3. 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 as represented, the buyer is entitled to a refund of the purchase price
from the seller upon return of the animal and resulting progeny thereof to the farm of the
seller at the seller’s expense.
4. 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 the
seller prior to calving for a refund of the full purchase price or for another animal of equal
value, whichever acceptable to the buyer. It shall be the obligation of the seller to bear any
expenses incurred for transportation of the animal in question to the farm of the seller.
ETHICS: The Association considers it an unethical practice to offer for sale genetic
material or an animal which is known to carry a deleterious genetic factor as defined by
ASAwithout first informing the potential buyer or buyers of this fact. Any advertising, descrip-
tive material or pedigree initiated by the owner of a proven carrier of a detrimental genetic
factor as defined by ASAshall include a statement defining the deleterious factor or factors
which the animal in question possesses. Any effort to conceal such information is consid-
ered to be equally unethical.
LIMITATIONS OF OBLIGATIONS:
1. If the aforementioned suggested terms and conditions are adopted, they should con-
stitute a contract between the buyer and seller for each animal sold under these terms, as
such, should be binding upon both parties. Animals resold following purchase in a sale shall
constitute a separate transation and the privileges and obligations of the original two parties
connected thereto are not covered by the terms and conditions of sale.
2. The American Simmental Association, its directors or employees are not in any way
responsible or liable for enforcing the suggested terms and conditions of any agreement
involving transactions between buyers and sellers
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