Page 27 - DVAuction Online Catalogs

SUGGESTED SALE TERMS AND CONDITIONS (Edited)
American Angus Association • Effective February 24, 2011
BREEDING GUARANTEES
1. The seller guarantees that all bulls are breeders, but only if such bulls are at least 12 months old at the
time of sale and have not been allowed to run with the herd until at least 14 months of age. A bull that
settles a cow by natural service and passes a fertility test made by a competent veterinarian mutually
agreed upon by the buyer and the seller, during any six-month period of trial (provided for in paragraph
3 of the section entitled “Options and privileges of return or adjustment”) will be considered a breeder.
Unless otherwise agreed by the buyer and the seller, the seller makes no guarantees with respect to the
ability to freeze semen.
2. The seller guarantees that all animals are breeders, with the exception of: (a) calves under 12 months
of age at the time of the sale; (b) animals shown after the sale has occurred (in such cases, the breeding
guarantees, if any, will be those guarantees as are agreed upon between the seller and the buyer); (c)
injury or disease occurring after the sale; and (d) gross negligence or willful misconduct on the part of
the buyer.
3. lf an animal is claimed to be a non-breeder, the animal may be returned to the seller if in good
condition and complying with the health requirements of the seller’s state. The seller is entitled to six
months trial following the return of the animal in which to prove that the animal is a breeder. lf at the
end of the six-month period the seller is unable to prove the animal is a breeder, the seller must, at the
option of the buyer, replace the animal with another of equal value or refund the purchase price. The
return of the full purchase price will be deemed full satisfaction and settlement. Any expense incurred
for transporting an animal claimed to be a non-breeder will be the responsibility of the buyer, except that
the seller will be responsible for transportation costs in excess of the distance between the buyer’s farm
and the location where the sale took place. lf the seller proves the animal to be a breeder, it will be the
obligation of the buyer to take delivery of the animal and pay all transportation expenses.
MISCELLANEOUS
1. The above terms and conditions of sale constitute a contract between the buyer and the seller of each
animal and are equally binding upon both parties. Each sale or resale of an animal constitutes a separate
transaction.
2. Neither the Nebraska Bull Test, LLC, the sale manager, nor any other person connected with the
management of the sale, assumes any liability, legal or otherwise.
Our thanks to Ryan Focken
and Muddy Creek Nutrition
for providing lunch on sale day.