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SALE TERMS AND CONDITIONS
EXCEPT FOR THOSE STATED IN THE BELOW TERMS AND CONDITIONS, THERE ARE NO
WARRANTIES, EITHER EXPRESSED OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE WITH RESECT TO THE CATTLE BEING SOLD AT THIS AUCTION.
THE WARRANTIES AND GUARANTEES SET FORTH IN THE "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 BUYER, OR ANY
PARTY CLAIMING THROUGH BUYER, FOR ANY BREACH OF WARRANTY OR GUARANTEE
THEREIN PROVIDED, AND ALL OTHER OBLIGATIONS OR LIABILITIES.
TIME AND LOCATION
:
The North Alabama Bull
Evaluation Center BCIA Bull Sale
will be held
Saturday,
December 9, 2017,
at the Cullman Livestock Auction,
Cullman, AL.
BIDDING
: All bulls will be sold to the highest bidder. The
auctioneer will settle any disputes in bidding and his decision
on such matters is final.
TERMS:
The terms of the sale are cash or check unless
credit arrangements, including any possible reservation of
security interest, have been made by the interested party
with the vendor, Alabama BCIA, prior to sale. The party
financially responsible for each purchase will be the person’s
name that registered to the purchasing buyer number.
PURCHASER'S RISK
: Each animal will become the
purchaser's risk as soon as sold.
CERTIFICATE OF REGISTRY
: A transferred certificate of
registry will be furnished to the purchaser of each animal
within sixty (60) days following date of sale or receipt of full
payment.
HEALTH
: All bulls are eligible for interstate shipment; except
as otherwise announced. Interstate health papers will be
furnished for each animal requiring T.B. and Bangs test in
accordance with Federal Regulations. All bulls have passed
a test for Brucellosis within 30 days of the sale.
ANNOUNCEMENTS
: Any changes from information of any
kind in this catalog will be announced from the auction box
and such announcements shall take precedence.
BREEDING GUARANTEE
1.
Every bull selling is guaranteed to be a breeder,
with the exception of: a) injury or disease
occurring after sale; b) Gross negligence or willful
misconduct on the part of the purchaser.
2.
BULLS
are guaranteed breeders. Any bull which
settles cows by natural service and passes a
fertility test by competent veterinarians, mutually
agreed upon by buyer and seller, during any 6
month period of trial (provided for in paragraph 2
of these sales terms and conditions entitled
"Option and Privilege of Return and Adjustment")
shall be considered a breeder. Guarantees with
respect to ability to freeze semen shall be by
separate agreement between the buyer and seller.
IDENTIFICATION
: Seller offers each animal with a readable
tattoo corresponding to its registration paper. Buyer agrees
to check tattoo for accuracy. In those cases where a
nickname is used, it shall be accompanied by the official
registered name and number of the animal.
OPTIONS AND PRIVILEGES OF RETURN OR
ADJUSTMENT
: All claims for adjustment must be made in
writing within six months of the sale date.
In the event the animal
is claimed to be a non-
breeder
, the animal may be returned to the farm of the seller
if in good condition and complying with the health
requirements of the seller's state. 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 refund the purchase price.
The return of the full purchase price, shall be in any case be
deemed full satisfaction and settlement. Any expense
incurred for transportation of an animal claimed to be a non-
breeder shall be the responsibility of the purchaser, except
that the seller shall be responsible for transportation costs in
excess of the distance between the purchaser's farm and the
location where the sale took place. 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.
If an animal is sold, and at a later date, proves not
to be eligible for registration under the Association rules, the
seller shall be obligated to make satisfactory adjustment on
the purchase price to the buyer, or at the buyer's option
refund the purchase price upon the return of the animal to
the farm or seller. Any expense incurred for transportation
shall be the responsibility of the purchaser, except the seller
shall be responsible for the transportation costs in excess of
the distance between the purchaser's farm and the location
where the sale took place.
If an animal is sold and through blood typing is
proven to have incorrect parentage, as represented by the
certificate of registration, and for which parentage can be
determined, the seller shall be obligated to make a
satisfactory adjustment on the purchased price to the buyer
or, at the buyer's option refund the purchase price upon the
return of the animal to the farm of the seller. Any expense
incurred for transportation shall be the responsibility of the
purchaser, except the seller shall be responsible for the
transportation costs in excess of the distance between the
purchaser's farm and the location where the sale took place.
RIGHTS AND OBLIGATIONS
: The above terms and
conditions of sale shall constitute a contract between the
buyer and seller of each animal and shall be equally binding
upon both. Each sale or resale of an animal constitutes a
separate transaction. All persons attending the sale do so at
their own risk. The seller, Alabama Cooperative Extension
System, Auburn University or the Alabama BCIA will not
assume any liability, legal or otherwise, for the safety of
those attending this sale.
MAIL AND TELEPHONE BIDS
: Mailed or telephone bids
will be handled in a most confidential manner if you are
unable to attend the sale personally. Please contact the
Auctioneer (Col. Jarvene Shackleford), Michelle Elmore, or
Lisa Kriese-Anderson.
BUYER NUMBERS:
On the day of the sale, prospective bull
buyers are asked to acquire a buyer number from the front
desk in the Cullman Livestock Auction
