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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 pur-
pose with respect to the cattle being sold at this auction.The warranties and guar-
antees 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 through buyer, for any breach of
warranty or guarantee therein provided, and all other obligations or liabilities.
TERMS:
Terms of sale are cash or check. Settlement must be made to the clerk at
the conclusion of the sale.
BIDDING:
Each animal will be sold to the highest bidder without reserve.The auc-
tioneer will settle any disputes as to bids, and his decision will be final.
ANNOUNCEMENTS:
Announcements from the auction block will take precedence over
the printed matter in this catalog.All cattle will be sold by lot numbers as announced by
the auctioneer.
PURCHASER’S RISK:
Each animal sold becomes the risk of the purchaser as soon as
sold;but will not be delivered until settlement has been made.After the sale,animals
will be cared for,for a time period not to exceed three (3) days until trucking arrange-
ments can be made.
CERTIFICATE OF REGISTRY:
When full settlement has been made, a certificate of
registration will be furnished and transferred to the purchaser.Give full name and
address to secretary when making payment so the certificate of registry will be
transferred properly.There will be no certificates for commercial bulls.
HEALTH:
All animals are eligible for interstate shipment except those otherwise
noted.The cattle have been tested for Bangs disease within thirty (30) days of the
sale date. Bulls will meet health requirements for shipment for T.B. and brucellosis.
Bulls will be fertility and trichomoniasis tested. A health certificate will be furnished.
BREEDING GUARANTEE:
(A) All animals are guaranteed to be breeders with the
exception of:(1) injury or disease occurring after sale; (2) negligence or willful mis-
conduct on the part of the purchaser.; (3) calves under 12 months of age; (4) ani-
mals shown by purchaser after sale (In cases of animals shown after purchase, the
breeding guarantees, if any, shall be such as agreed upon between the seller and
the buyer). (B) Bulls are guaranteed breeders if not allowed to run with the herd
until at least 18 months of age.Any bull which either; (1) settles 1/3 or more of the
healthy cows he services; (2) is the sire of 20 or more animals; (3) settles cows by
natural service and passes a fertility test made by a competent veterinarian during
any six month trial period shall be considered a breeder. Any guarantees with
respect to the ability to freeze semen shall be by separate agreement between the
buyer and the seller.
OPTIONS AND PRIVILEGES OF RETURN OR ADJUSTMENT:
(A) All claims for
adjustment or refund must be made in writing either within six (6) months of the
sale date or no later than six (6) months after the animal reaches 18 months of age.
(B) In the event an 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 six (6)
months trial 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 buyer,replace the animal with anoth-
er of equal value or refund the purchase price.The return of the full purchase price
shall in any case be deemed full satisfaction and settlement.Any expense incurred
for transporting 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 oblig-
ation of the purchaser to take delivery of the animal and pay all expenses incurred
for transportation.
RIGHTS AND OBLIGATIONS:
(A) The above terms and conditions of the sale shall
constitute a contract between the buyer and seller of each animal and shall be
equally binding upon both. (B) Animals resold following purchase in this sale shall
constitute a separate transaction, and the rights and obligations of the two parties
connected thereto are not covered by the terms and conditions of this sale. (C) All
persons who attend the sale do so at their own risk. Neither the owners, the SALE
MANAGERS (see item below for definition), nor any other person connected with
the management and conduct of the sale or sale facilities assumes any liability,
legal or otherwise, for any accidents which may occur.
WAIVERS OF LIABILITIES:
For the purpose of this waiver of liabilities, the term
SALE MANAGERS is meant to include the Hill Country Brangus Breeders
Association, Sale Chairman, Auctioneer, and Consultants, or any person involved
with the management or conduct of the subject sale or sale facility. This being a
consignment sale, the SALE MANAGERS act only as sale agents for the consignors
(seller) and,in no case,are liable for guarantees,accidents,or any financial or legal
liabilities. The SALE MANAGERS have been employed for the consignor(s) of the
animals being sold solely for the purpose of promoting and conducting the sub-
ject sale. All information regarding the subject animals as published in the sale
brochures and announced at the sale is based on presentation made to the SALE
MANAGERS by the consignor(s). The SALE MANAGERS have not made any inde-
pendent investigation to verify title,health,registration,and lien status of the sub-
ject animals; and the SALE MANAGERS assume no liability, either legal or equi-
table, for failure of title, health registration and lien status of the subject animals;
and the SALE MANAGERS make no representations, either expressed or implied, as
to whether or not the subject animals are security under any lien, either legal or
equitable.
All Cattle are offered for sale according to the laws of the State of Texas.
Expected Progeny Differences (EPDs) listed in this catalog are Fall 2015
data obtained from the International Brangus Breeders Association’s
website.
Terms and Conditions
