All cattle sell with our traditional guarantees.
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 will not 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 (48) 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 Material on the sale day supplement takes
precedence over printed matter in this catalog.
Announcements from the auction block will take
precedence over printed matter on the sale day supplement
or in this catalog. 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 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 as soon as
required testing allows for each animal sold for interstate
transport.
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. Bulls are guaranteed breeders if
not allowed to run with the herd until at least 14 months
of age. 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 paragraph two of 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. 3. Safe-in-calf females have
been examined by a competent ultrasound technician and
are so guaranteed. All females that have been diagnosed
safe in calf, have a projected calving date printed in this
catalog or in the sale day supplement. All projected due
dates and embryo sexing are best estimates only. 4. AI or
pasture exposed females have been exposed, but are not
guaranteed safe in calf. They are guaranteed to be breeders.
5. Open females have been examined open by ultrasound
and are so guaranteed. Open females are guaranteed to be
breeders or produce viable embryos if the buyer chooses to
put the cow into embryo transfer. 6. 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
buyer 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 embryo transfer program, unless by separate
agreement between the buyer and seller.
c) There is no guarantee as to the suitability of any female
for embryo transfer.
SELLER’S SEMEN RIGHTS
1. Seller keeps 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 vials of semen with
registration rights and will pay his 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 OFRETURNORADJUSTMENT
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 listed in
this catalog/sale day supplement, or the animals current
weight at the time of salvage. 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 the 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 buyer $350. 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 make a satisfactory adjustment
on the purchase (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
carrier of any of these defects will be tested with the results
printed in this catalog or in the Sale Day Supplement.
Animals that are tested free of the mutation are noted
with an (F) after the abbreviation. Animals tested as a
carrier of one of these genes are noted with a (C) 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 Buyer 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 Buyer 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
Buyer for cost of such analysis. c) The animals will be
returned by the Buyer to the Seller at the Buyer’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 Buyer and Seller.
In the event that the Buyer 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 Buyer 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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