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Bidding
Each animal will be sold to the highest bidder without reserve. The
auctioneer will settle any disputes as to bids and his decision on
such matters shall be final.
Terms
Each animal becomes the risk of the purchaser as soon as sold, but
it shall be the obligation of the seller to see that animals are fed
and cared for until loaded for shipment or until the expiration of
48 hours after the sale, whichever occurs sooner. After 48 hours
a maintenance fee of $5.00 per day will be assessed until pickup,
unless AMS arranges shipment.
Sight Unseen Purchases
Buyers may purchase bulls through American Marketing Service
personnel at auction without viewing the cattle. For sight unseen
purchases, the buyer has the right of inspection at the time of
delivery. If the animal is deemed unsatisfactory, it may be reloaded
on the delivery truck and returned to the farm of the seller at no
obligation to the buyer. All transportation expenses will be the
responsibility of the seller. If the animal is deemed unsatisfactory
within one week of the purchase, the buyer may at their expense,
return the animal to the farm of the seller for a full refund of the
purchase price.
Certificate of Registry
Atransferred certificate of registry will be furnished to the purchaser
for each registered animal once proper settlement has been made.
Health
Health papers suitable for interstate shipment will be furnished on
all animals.
Announcements
Any changes from the information of any kind in this catalog will
be provided in a sale day supplement sheet or announced from the
auction block and such information shall take precedence over
cataloged information.
Breeding Guarantee
1. All animals are guaranteed to be breeders with the exception of:
a) calves under 12 months of age; b) animals shown by purchaser
after sale in which the guarantee (if any) shall be between the seller
and the buyer; c) injury or disease occurring after the sale; d) gross
negligence or willful misconduct on the part of the purchaser; e)
death by any reason.
2.Any bull which settles cows by natural service and passes a fertility
test made by competent veterinarians, mutually agreed upon by the
buyer and seller, during any six month period of trial (provided for
in paragraph 2 of the section of these sales terms and conditions
entitled “Options and Privileges of Return or Adjustment”) shall
be considered a breeder. All partial interest bulls are guaranteed to
produce freezable quality semen.
3. Safe in calf females have been examined by competent personnel
and are so guaranteed.
4. Exposed females have been exposed but are not guaranteed to be
safe in calf.
5. Open females have not been served and are so guaranteed.
6. Donor Females. a) A female is not guaranteed to be a breeder after
the date of the 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. b) Embryo transfer guarantee.
Even though it is possible some of the female lots have worked
successfully in our embryo transfer program in the past, and should
in the future, there is no guarantee or warranty on future embryo
production of any lot. Flush records are available upon request.
Pregnancy Determination
The registered females in this sale noted safe in calf have been
determined pregnant by physical palpation, blood test or ultrasound
technology. Our best estimate of service sire will be given in the
case of the females with both an A.I. sire and a natural breeding
sire.
Options and Privileges of Return or Adjustment
1. All claims for adjustment or refund must be made in writing
within six months of the sale date.
2. In the event an animal is claimed to be a non-breeder, the animal
may be returned to Salacoa Valley Farms if in good condition and
complying with the health requirements of Georgia. The seller shall
be entitled to a six month trial following the return of the animal
in which to prove that the animal is a breeder. If at the end of
six months the seller is unable to prove the animal is a breeder,
the seller shall at the option of the buyer replace the animal with
another of equal value or issue a credit for the initial selling price. 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 expenses
incurred for transportation.
3. If an animal is sold and at a later date proves not to be eligible for
registration under association rules, the seller shall be obligated to
make a satisfactory adjustment on the purchase price to the buyer,
refund the purchase price or issue a credit for the initial selling price
upon the return of the animal to the farm of the seller.
4. If an animal is sold and through DNA is proven to have incorrect
parentage as represented by the certificate of registration, and for
which the parentage can be determined, the seller shall be obligated
to make a satisfactory adjustment on the purchase price to the buyer,
refund the purchase price or issue a credit for the initial selling price
upon the return of the animal to the farm of the seller.
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 on both. Other than the guarantees and warranties stated
above, no other warranties or guarantees are expressed or implied.
Each sale or resale of an animal constitutes a separate transaction.
2. American Marketing Service or any other person connected with
the management of the sale assumes no liability, legal or otherwise.
Sale Terms and Conditions
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