Page 11 - Grassy Meadow Production Sale

TERMS & CONDITIONS
TERMS & CONDITIONS

NOTICE – These sale terms and conditions have been prepared by the Red Angus Association of America an animal claimed to be a non-breeder shall be the responsibility of the Buyer; except that the
as a service to its members. However, the Red Angus Association of America makes no representation Seller shall be responsible for transportation cost in the excess of the distance between the
regarding the legal sufficiency of these sale terms and conditions for any particular sale. Buyer’s farm/ranch 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 Buyer to take delivery of the animal and pay all
Except for those stated in the terms and conditions below, there are no warranties, either expressed expenses incurred for transportation.
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 and Conditions” are in lieu c. If a female sold as “safe in calf” proves not to be in-calf, the Buyer may receive service from
of all other warranties, either expressed or implied, and the remedies provided therein shall be the sole the bull previously used. If the bull is not available, the Seller shall be obligated to make a
and exclusive remedy for the Buyer, or any party claiming through Buyer, for any breach of warranty or satisfactory adjustment on the purchase price upon return of the animal to the farm/ranch
guarantee therein provided, and all other obligations or liabilities. of the Seller. 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”
All cattle in this sale are offered according to the laws of the State wherein the sale is conducted. The at time of sale to a certain bull proves to have been bred to a different bull, the Seller shall be
right to bid, as provided under law, is reserved for all sellers unless otherwise announced. obligated to make a satisfactory adjustment on the purchase price upon return of the animal to
1. BIDDING the farm of the Seller (adjustments shall not be considered to be a breeding fee or an allocation
The Auctioneer in charge will settle any disputes as to bids, and his decision on such matters shall be of the purchase price to any unborn calf). Any expense incurred for transportation shall be the
final. responsibility of the Buyer, except that the Seller shall be responsible for transportation costs
in excess of the distance between the Buyer’s farm/ranch and the location where the sale took
2. TERMS place.
Terms of sale are cash unless satisfactory credit arrangements have been made with Sale Management
prior to sale. d. If a female sold as “served” proves not to be in calf, or if a female sold as “pasture-bred”
3. PURCHASER’S RISK proves not to be in calf, the Seller only guarantees such female to be a breeder.
Each animal becomes the risk of the Buyer 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 Buyer, until loaded for shipment or until the e. If a female sold as “open” proves to be with calf, the Buyer may return the animal to the farm/
expiration of 48 hours after the sale, whichever occurs sooner. ranch of the Seller prior to calving for a refund of the full purchase price or for replacement with
another animal of equal value, whichever is acceptable to the Buyer. It shall be the obligation of
4. CERTIFICATE OF REGISTRY
A transferred certificate of registry will be furnished to the Buyer for each animal. the Seller to bear any expense incurred for transportation.
11. DEFAULT
5. HEALTH
All animals are eligible for interstate shipment, except as otherwise announced. Interstate health In the event the Buyer defaults on payment, the Buyer shall be responsible for all costs, including
papers will be furnished for each animal requiring tuberculosis and brucellosis tests in accordance with attorney’s costs, incurred by Sale Management or Seller in connection with collecting, or attempting to
Federal Regulations. collect, payment due.
12. GENETIC DEFECT AND PARENTAGE GUARANTEE
6. NON-OWNED SERVICE SIRE
If a female is bred to a non-owned bull, at the time of natural service exposure, a lease agreement will a. The parentage of all animals sold by the Seller is guaranteed to the extent that the animal is
be required for registration of the resulting calf. The exceptions to this rule are: by the sire and out of the dam that is indicated on its registration papers.
• If the bull was owned by a member of the family or an employee of the recorded owner of the
dam. All test results confirming an animal’s genetic defect status must be disclosed to potential buyers
• If the cow was bought bred from the recorded owner of the service bull. prior to that animal’s sale.
7. ANNOUNCEMENTS All cattle have met the RAAA requirements for registration as pertaining to genetic defects. In
Any changes from information of any kind in this catalog will be announced from the auction box and particular, animals containing a known genetic defect carrier in their two generation pedigree
such announcements shall take precedence. (parent or grandparent) without an intervening tested free animal have been tested for said
8. BREEDING GUARANTEE genetic defect.
a. All animals are guaranteed by the Seller to be breeders, with the exception of:
1. Calves less than 12 months of age. Frozen Semen: Seller guarantees that, unless otherwise stated, the respective RAAA registered
2. Animals shown by purchaser after sale. The breeding guarantees, if any, shall be such as sire(s) represented in any frozen semen offered in this sale has met RAAA requirements as
agreed upon between Seller and Buyer. stated in the rules and regulations for an AI/ET sire as known at the time of this sale, to produce
3. Gross negligence or willful misconduct on the part of Buyer. offspring eligible for registration in the RAAA. (Add 1-12)
b. Bulls are guaranteed breeders if not allowed to run within the herd until at least 14 months of Frozen Embryos: Seller guarantees that, unless otherwise stated, the parents of any frozen
age. Any bull that either: embryo(s) offered in this sale have met the requirements for ET parents as stated in the RAAA
1. Settles one-third or more of the healthy cows he serves. rules and regulations as known at the time of this sale, so that any live calves resulting from the
2. Is the sire of 20 or more animals. sale of these embryos will be eligible for registration in the RAAA.
3. Settles cows by natural service and passes a fertility test made by a competent veterinar-
ian during any six-month period of trial (provided for in paragraph 10b of “Options and b. Refund of the animal’s purchase price or replacement with an animal of equivalent value
Privileges of Return or Adjustment,” this section) shall be considered a breeder. Any will be considered satisfactory settlement in the case of incorrect parentage or genetic defect
guarantees with respect to the ability to freeze semen shall be by separate agreement information provided at the time of sale.
between the Buyer and Seller.
In no event will Seller be liable for any special, incidental, indirect, consequential (including
c. Safe in Calf Females have been examined by a competent veterinarian and are so guaranteed. without limitation; lost profits, lost value of progeny, embryos and/or semen, interruption of
business), or punitive damages, even if Seller has been advised of the possibility of such loss or
d. Served Females are believed to be in calf but are not so guaranteed. damage.
e. Pasture-bred Females have been exposed but are not guaranteed to be in calf. i. The Buyer will notify the Seller in writing immediately upon suspicion or verification that
parentage or supplied genetic defect information is in error.
f. Open Females have not been served and are so guaranteed. ii. In cases of a returned animal: all expenses related to returning the animal to the
9. IDENTIFICATION Seller will be incurred by the Buyer, and the animal being returned must meet health
Seller offers each animal with readable tattoos corresponding to its registration. requirements of the Seller’s state.
10. OPTIONS AND PRIVILEGES OF RETURN OR ADJUSTMENT 13. SELLER’S SEMEN RIGHTS
a. All claims for adjustment or refund must be made in writing either within six months of the sale Any semen rights retained by the Seller must be announced from the auction box at the time of the
date or not later than six months after the animal reaches 18 months of age, with the exception sale, if not already printed in the sale catalog.
of claims involving defects of parentage. 14. RIGHTS AND OBLIGATIONS
a. The above terms and conditions of sale shall constitute a contract between the Buyer and
b. In the event an animal is claimed to be a non-breeder, the animal may be returned to the Seller of each animal and shall be equally binding upon both. Each sale or resale of an animal
farm/ranch of the Seller if in good condition and complying with the health requirements of the constitutes a separate transaction.
Seller’s state. The Seller shall be entitled to six months trial following the return of the animal
in which to prove the animal is a breeder. If at the end of six months the Seller is unable to b. Unless specifically stated herein, neither the Sale Management nor the Red Angus Association
prove the animal is a breeder, the Seller, at the option of the Buyer, shall replace the animal with of America shall have any liability for any event or occurrence related in any manner to this sale.
another 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 expenses incurred for transporting WEBSITE: RedAngus.org FAX Number: 888-829-6069 Member Services