Except for those stated in the terms and conditions below, there are
no warranties either expressed or implied, as to the merchantability
or fitness for a particular purpose with respect to the cattle being
sold at this auction.
The warranties and guarantees set forth in the “Terms &
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.
1. BIDDING - Each animal will be sold to the highest bidder. The
auctioneer in charge will settle any disputes as to bids and his
decision will be final.
2. TERMS - Terms of the sale are cash or check. Settlement must be
made to the clerk at the conclusion of the auction.
3. PURCHASER’S RISK - Each animal becomes the risk of the
purchaser as soon as sold by the auctioneer, and the risk of loss will
pass to purchaser at the time of sale by the auctioneer; but animals
will not be delivered until settlement has been made. After the sale,
animals must be taken promptly by the purchaser, but in any event
must be removed from the seller’s premises within three (3) days of
the auction. After three (3) days, a reasonable charge for boarding
will be made by seller to purchaser.
4. 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 the
clerk when making payment so the Certificate of Registration will
be transferred properly.
5. HEALTH – Oklahoma is Brucellosis (Bangs) and Tuberculosis-
free state. An interstate health certificate will be furnished in
accordance with Federal Regulations and the state of Oklahoma.
6. ANNOUNCEMENTS - Announcements from the auction box
will take precedence over the printed matter in this catalog. All
cattle will be sold by lot numbers as announced by the auctioneer.
7. MAIL BIDS - Phone, mail or email bids may be furnished in
confidential form to either Wes Dotson, Auctioneer or Mike Vorel,
OBA Sales VP. (Contact information located on inside front cover
of this catalog.)
8. BREEDING GUARANTEE - (A) All animals are guaranteed to
be breeders with the exception: (1) injury or disease occurring after
the sale; (2) negligence or willful mistreatment of the part of the
purchaser. (B) Any female is considered a breeder is she is pregnant
at the time of the sale and/or she has a calf at side. (C) Any bull
shall be considered a breeder that produces viable semen.
9. OPTIONSANDPRIVILEGESOFRETURNORADJUSTMENT
FOR BULLS - (A) All claims for adjustment or return must be
made in writing within six months of the sale. (B) If any animal
guaranteed to be a breeder that has not proven itself a breeder
within the time limit specified above, if in healthy condition and
weighing within 80% of sale day weight, may be returned to the
seller at the purchaser’s expense. The seller reserves the right and
privilege of trying for a period of six months to prove the animal
a breeder. If proven a breeder, the animal will be returned to the
buyer, at buyer’s expense. Should the animal fail to breed, the
buyer may receive replacement of the animal with an animal of
equal value. (C) Any animal returned must have a veterinarian’s
certificate that it is healthy and free of Bangs and Tuberculosis.
10. OPTIONS AND PRIVILEGES OF RETURN OR
ADJUSTMENT FOR FEMALES - (A) All claims for adjustment
or return must be made in writing within six months of the sale or
no later than six months after the animal reaches 18 months of age.
(B) If any animal guaranteed to be a breeder that has not proven
itself a breeder within the time limit specified above, if in healthy
condition, may be returned to the seller at the purchaser’s expense.
The seller reserves the right and privilege of trying for a period of
six months to prove the animal a breeder. If proven a breeder, the
animal will be returned to the buyer, at buyer’s expense. Should
the animal fail to breed, the buyer may receive replacement of the
animal or pair with an animal or pair of equal value. In case a cow
sold with a calf at side is returned because the cow is determined
a non-breeder, the calf must also be returned. (C) Any animal
returned must have a veterinarian’s certificate that it is healthy and
free of Bangs and Tuberculosis. 11. RIGHT AND OBLIGATIONS
- (A) The preceding terms and conditions of sale shall constitute
a contract between the purchaser 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 and neither the owners,
nor any person connected with the management of the sale facility
assume any liability, legal or otherwise, for any accidents which
may occur. 12. GOVERNING LAW - All cattle offered for sale
according to the laws of the state of Oklahoma.
